HomeMy WebLinkAbout2010-12-07 - Agendas - Final Aldermen
Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray
Taye
e�lle Ward 1 Position 2—Brenda Thio]
City Attorney Kit Williams Ward 2 Position 1 —Kyle B.Cook
Ward 2 Position 2—Matthew Petty
City Clerk Sondra Smith Ward 3 Position l—Robert K.Rhoads
ARKANSAS Ward 3 Position 2—Robert Ferrell
Ward 4 Position 1 —Shirley Lucas
Ward 4 Position 2—Sarah E.Lewis
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
December 7, 2010
A meeting of the Fayetteville City Council will be held on December 7, 2010 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:
City Council Meeting Presentations, Reports and Discussion Items:
1. America in Bloom
Agenda Additions:
1. Amend 72.59 Dickson Street Entertainment District Annual Parking Pass: An
ordinance amending Chapter 72: Parking Regulations of the Code of Fayetteville by
enacting a new section 72.59 Dickson Street Entertainment District Annual Parking Pass
Program to provide an annual parking pass option for parking in the Dickson Street
Entertainment District.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5371
A. Consent:
1. Approval of the November 16, 2010 City Council meeting minutes. APPROVED
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
2. Bobcat Skid Steer Loader Budget Adjustment (Resolution 177-10): A resolution
approving a budget adjustment in the amount of $43,000.00 to provide funding for the
purchase of a Bobcat skid steer loader authorized by Resolution No. 177-10.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 205-10
3. Arkansas State Police Drug Task Force General Improvement Grant: A resolution
authorizing acceptance of a non-matching Arkansas State Police Drug Task Force
General Improvement Grant in the amount of $38,604.00 for the purchase of two (2)
undercover law enforcement vehicles, and approving a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 206-10
4. Arkansas State Police Special State Asset Forfeiture Grant: A resolution authorizing
acceptance of a non-matching Arkansas State Police Special State Asset Forfeiture Grant
in the amount of$19,302.00 for the purchase of an undercover law enforcement vehicle,
and approving a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 207-10
5. Arkansas State Police Trunking Radio System General Improvement Grant: A
resolution authorizing acceptance of a non-matching Arkansas State Police Trunking
Radio System General Improvement Grant in the amount of$36,000.00 for the purchase
of eight (8) portable radios, and approving a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 208-10
6. Police Department Unit Replacement: A resolution approving a budget adjustment in
the amount of$25,000.00 to recognize insurance settlement proceeds related to the total
loss of a police department undercover vehicle and to establish an appropriation for a
replacement.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 209-10
7. Heckathorn Construction Company, Inc. Bid #10-66: A resolution awarding Bid#10-
66 and authorizing the construction and installation of electrical generators by
Heckathorn Construction Company, Inc. in the amount of$78,502.00 for use by the Fire
Department.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 210-10
8. City of Greenland Wastewater Contract: A resolution approving a contract extension
with the City of Greenland for the operation and maintenance of its wastewater collection
system.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 211-10
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
9. Crossover Road Water and Sewer Relocation AHTD-Utility Agreement: A
resolution approving a water and sewer utility relocation expense cost-sharing agreement
with the Arkansas Highway and Transportation Department related to the widening of
Crossover Road (State Highway 265) between Mission Boulevard and Joyce Boulevard.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 212-10
10. Baird, Kurtz & Dobson (BKD), LLP: A resolution approving a contract with Baird,
Kurtz & Dobson (BKD), LLP, in the amount of$84,200.00 to provide independent audit
services to the City of Fayetteville.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 213-10
11. Happy Hollow Elementary Easement: A resolution to modify the tree preservation
easement for Happy Hollow Elementary located west of Crossover Road, one-half mile
north of Huntsville Road.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 214-10
12. Butterfield Trail Village Project Revenue Bond: A resolution to ratify the resolution
of the Fayetteville Public Facilities Board approving refunding revenue bonds
(Butterfield Trail Village Project), Series 2010 in a principal amount of not to exceed
nineteen million dollars ($19,000,000.00)
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 215-10
B. Unfinished Business:
1. 2011 Annual Budget & Work Program: A resolution adopting the 2011 Annual
Budget and Work Program. This resolution was tabled at the November 16, 2010 City
Council meeting to the December 7, 2010 City Council meeting.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 216-10
2. SouthPass Amendment No. 1: An ordinance approving Amendment No. 1 to a
residential planned zoning district entitled R-PZD 08-2898 SouthPass to amend the
phasing plan, reduce the project acreage and density, rezone a portion of the property to
RSF-0.5, amend Condition No. 10 regarding the $1 million contribution and change the
name of the PZD. This ordinance was left on the Second reading at the November 16,
2010 City Council meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5364
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
C. New Business:
1. VAC 10-3662 (Oakbrooke Ph III): An ordinance approving VAC 10-3662 submitted
by Bates and Associates for property located in the Oakbrooke Subdivision, to vacate
existing utility easements and tree preservation areas and re-dedicate them in the proper
location, as described herein.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5365
2. Regional Urban Stormwater Education Program: An ordinance waiving the
requirements of formal competitive bidding and approving a Memorandum of
Understanding with the MS4 Jurisdictions and the Northwest Arkansas Regional
Planning Commission in the amount of $44,551.97 for the Regional Urban Stormwater
Education Program to be provided by the University of Arkansas Cooperative Extension
Service to satisfy portions of the NPDES Phase II Stormwater permit requirements.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5366
3. Amend Ordinance No. 5356: An ordinance amending Ordinance No. 5356 concerning
parking regulations by removing the sunset provision.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5367
4. Amend §72.18 Residential Parking Permit Program for the Entertainment District
Parking Zone: An ordinance amend §72.18 Residential Parking Permit Program for the
Entertainment District Parking Zone of the Fayetteville Code to allow one additional hour
of public free parking (1:00 p.m. to 2:00 p.m.) on Sundays and to adopt an amended
residential parking district map changing some paid parking spaces to mixed-use or
residential permit only spaces.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5368
5. Amend §72.50 & §72.58: An ordinance to amend Article III Parking Meters of Chapter
72 Parking Regulations of the Fayetteville Code by changing the paid parking space
designation of certain streets, by changing the maximum daily rate for paid parking to
$5.00, by eliminating a monthly paid parking program for gated city lots and for other
purposes.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5369
6. Amend §72.99 Penalties: An ordinance to amend §72.99 Penalties of Chapter 72
Parking Regulations to set the fine for overtime parking at $15.00 and to limit issuing a
parking citation to once within a four hour period.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5370
7. Repeal §156.03 Flood Damage Prevention Code: An ordinance to repeal the direct
appeal to Circuit Court Provision of§156.03 (C)(6) Flood Damage Prevention Code.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5372
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
8. R & P Electroplating Donation Deed: A resolution to authorize Mayor Jordan to sign
the application for donation deed for the former R & P Electroplating property and a
Brownfields Agreement.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 217-10
City Council Tour:
Announcements:
December 14, 2010
City Council &Library Board of Trustees Meet and Greet
Fayetteville Public Library
Drop-In from 5:30 to 7:30 p.m.
Adjournment: 9:45 p.m.
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 speak.
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 Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
City Council Meeting: December 7, 2010 Adjourn: o q !5 e
Subject: Roll
Ferrell
Lucas
(y� Lewis i/
' 'f O` IUW Gray
Thiel
Cook
p.m. Petty q/
Rhoads
Mayor Jordan
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Subject:
Motion To:
Motion By:
Seconded:
Ferrell
Lucas
Lewis
Gray
Thiel
Cook
Petty
,Rhoads
Mayor Jordan
City Council Meeting: December 7,2010
Subject: Consent
Motion To:
Motion By:
Seconded:
Ferrell
Lucas L j
Lewis F�s
Gray
Thiel
^ n q Cook
105- 10 Petty
W Rhoads
/0 Mayor Jordan
Subject:
g
Ferrell
Lucas
Lewis
Gray
Thiel
Cook
Petty
Rhoads
Mayor Jordan
City Council Meeting: December 7,2010
Subject: 2011 Annual Budget & Work Program
.-ta.3o n/VW C t o
Motion To: ( Py F PPxj Tia P4
Motion By: � u
Seconded: f1/Q i
B. 1 Ferrell Al
Unfinished Lucas 0 t/
Business Lewis t✓®
Gray ft . " d.
Thiel ✓
Cook �✓
Petty t�
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Mayor Jordan
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Subject: SouthPass Amendment No. 1
Motion To: JA� d
Motion By: 4ci
Seconded:
B 2 Ferrell v/
Unfinished Lucas �+ ✓
Business Lewis
Gray
Thiel „/ ✓
Cook ✓ ,/
Petty
Rhoads ✓
Mayor Jordan
City Council Meeting: December 7,2010
Subject: VAC 10-3662 (Oakbrooke Ph III)
Motion To:
Motion By: ZLCi6t/J
Seconded: '
C. 1 Ferrell ✓ ,/ �/
New Lucas es ✓
Business Lewis ✓ +� ✓
Gray
Thiel vO" ✓ ✓
Cook ✓ .� ✓
Petty
69*6 e✓ ✓ ✓
Rhoads ✓ ✓
Mayor Jordan
Subject: Regional Urban Stormwater Education Program
Motion To:
Motion By:
Seconded:
C.2 Ferrell 1C W"
New Lucas ✓ i/ ✓
Business Lewis
Gray t/
1A Thiel ✓ ✓
Cook ✓ ✓
Petty pie,. r ✓
Rhoads
Mayor Jordan
City Council Meeting: December 7,2010
Subject: Amend Ordinance No. 5356
Motion To:
,) 3rd rRQ a.J dam.
Motion By: /JJ e-M-J CA
Seconded:
C. 3 Ferrell ✓ ✓ �,/
New Lucas
Business Lewis ✓ ✓
Gray vl- ✓ ✓
Thiel
Cook
U� Petty
Rhoads ✓ ✓ yo°
Mayor Jordan
Subject: Amend §72.18 Residential Parking Permit Program for the Entertainment District Parking Zone
Motion To:
A Ad Z AJ
Motion By:
Seconded:
C.4 Ferrell is
New Lucas ✓ y/
Business Lewis r� ✓ ,/
Gray
Thiel ✓
Cook '
Petty ✓ �r
Rhoads
Mayor Jordan
City Council Meeting: December 7, 2010
Subject: Amend §72.50 & §72.58
Motion To:
Motion By:
Seconded:
C. 5 Ferrell
New Lucas f ✓ q/
Business Lewis t.� ✓ +�
Gray `/ ✓ e✓
Thiel is '�
CookOa/ ✓ ✓
Petty
A �/` ✓
qRhoads ✓ '� �'
5 I Mayor Jordan
Subject: Amend §72.99 Penalties
Motion To:
rd
Motion By:
Seconded: a
C. 6 Ferrell �,/ �✓ �/
New Lucas
Business Lewis �/ ✓ ✓
Gray ✓ ✓ 1�
Thiel ✓ ✓'" ✓`
Cook ,/ 1✓
s - Petty / �'" ✓
/� to Rhoads ✓ ° °�
t Mayor Jordan
City Council Meeting: December 7,2010°} A
Subject: 7a, 5Q NA/ .tK /Ok *' SAA,
Motion To: A -ho414,
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Motion By:
Seconded: a1t
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Petty ` Wile
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Subject:
Motion To:
Motion By:
Seconded:
Ferrell
Lucas
Lewis
Gray
Thiel
Cook
Petty
Rhoads
Mayor Jordan
City Council Meeting: December 7,2010
Subject: Repeal §156.03 Flood Damage Prevention Code
Motion To:
; iuj
Motion By:
Seconded:
C. 7 Ferrell ✓ t�
New Lucas
Business Lewis {✓° Vol ✓
Gray ✓ Wool
Thiel t.✓®
Cook r�
Petty �SeaF tna� usco-4- inj 5 e int.
b
Rhoads we Vol,
/V Mayor Jordan
Subject: R& P Electroplating Donation Deed
Motion To:
Motion By:
Seconded:
C 8 Ferrell
New Lucas voy
Business Lewis
Gray
Thiel "
211 X10 Cook ,
Petty 41
Rhoads
Mayor Jordan p
•
Ta e Lvl le Departmental Correspondence
I NSAS LEGAL
DEPAWfMENT
Kit Williams
TO: Lioneld Jordan, Mayor CityAttorney
Jason B.Kelley
THRU: Sondra Smith, City Clerk Assistant city Attorney
FROM: Kit Williams, City Attorne
DATE: December 8, 2010
RE: Resolutions and Ordinances prepared by the City Attorney's Office and
passed at the City Council meeting of December 7, 2010
1. Bobcat Skid Steer Loader: A resolution approving a budget adjustment in the
amount of $43,000.00 to provide funding for the purchase of a Bobcat Skid Steer
Loader authorized by Resolution No. 177-10.
2. Arkansas State Police Drug Task Force Grant: a resolution authorizing
acceptance of a non-matching Arkansas State Police Drug Task Force General
Improvement Grant in the amount of $38,604.00 for the purchase of two undercover
law enforcement vehicles, and approving a budget adjustment.
3. Arkansas State Police Forfeiture Grant: A resolution authorizing acceptance
of a non-matching Arkansas State Police Special State Asset Forfeiture Grant in the
amount of$19,302.00 for the purchase of an undercover law enforcement vehicle, and
approving a budget adjustment.
4. Arkansas State Police Trunking Radio System Grant: A resolution
authorizing acceptance of a non-matching Arkansas State Police Trunking Radio
System General Improvement Grant in the amount of $36,000.00 for the purchase of
eight (8) portable radios, and approving a budget adjustment.
5. Police Department Unit Replacement: A resolution approving a budget
adjustment in the amount of $25,000.00 to recognize insurance settlement proceeds
related to the total loss of a police department undercover vehicle and to establish an
appropriation for a replacement.
6. Heckathorn Construction Co, Inc. Bid #10-66: A resolution awarding Bid
#10-66 and authorizing the construction and installation of electrical Generators by
Heckathorn Construction Company, Inc. in the amount of $78,502.00 for use by the
Fire Department.
7. Greenland Wastewater Contract: A resolution approving a contract extension
with the City of Greenland for the operation and maintenance of its wastewater
collection system.
8. Crossover Road Water/Sewer Relocation: A resolution approving a water and
sewer utility relocation expense cost-sharing agreement with the Arkansas Highway and
Transportation Department related to the widening of Crossover Road (State Highway
265) between Mission Boulevard and Joyce Boulevard.
9. BKD, LLP: A resolution approving a contract with Baird, Kurtz Y Dobson
(BKD), LLP, in the amount of$84,200.00 to provide independent audit services to the
City of Fayetteville.
10. Butterfield Trail Village Project Revenue Bonds: A resolution ratifying the
resolution of the Fayetteville Public Facilities Board approving refunding revenue
bonds (Butterfield Trail Village Project), Series 2010 in a principal amount of not to
exceed $19,000,000.00 and declaring an emergency.
11. 2011 Annual Budget & Work Program: A resolution adopting the 2011
Annual Budget and work program.
12. Ordinance No. 5356 Amendment: An ordinance amending Ordinance No.
5356 concerning parking regulations by removing the sunset provision.
13. Amendment to §72.18 Residential Parking Permit Program: An ordinance to
amend §72.18 Residential Parking Permit Program for the Entertainment District
Parking Zone of the Fayetteville Code to allow one additional hour of public free
parking (1:00 P.M. to 2:00 P.M.) on Sundays and to adopt an amended Residential
Parking District Map changing some paid parking spaces to mixed-use or residential
permit only spaces.
14. §§72.50 and 72.58 Amendments: An ordinance to amend Article III Parking
Meters of Chapter 72 Parking Regulations of the Fayetteville Code by changing the
paid parking space designation of certain streets, by changing the maximum daily rate
for paid parking to $5.00, by eliminating a monthly paid parking program for gated city
lots and for other purposes.
2
15. §72.99 Penalties Amendment: An ordinance to amend §72.99 Penalties of
Chapter 72 Parking Regulations to set the fine for overtime parking at $15.00 and to
limit issuing a parking citation to once within a four hour period.
16. §156.03 Flood Damage Prevention Code Repeal: An ordinance to repeal the
direct appeal to Circuit Court provision of §156.03(C)(6) Flood Damage Prevention
code.
17. R&P Electroplating Donation Deed: A resolution to authorize Mayor Jordan
to sign the application for donation deed for the former R&P Electroplating property
and a Brownfields Agreement.
18. Chapter 72: Parking Regulations Amendment: An ordinance amending
Chapter 72: Parking Regulations of the Fayetteville Code by enacting a new §72.59
Dickson Street Entertainment District Annual Parking Pass Program to provide an
annual parking pass option for parking in the Dickson Street Entertainment District.
3
Aldermen
Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray
Taye
e�lle Ward 1 Position 2—Brenda Thio]
City Attorney Kit Williams Ward 2 Position 1 —Kyle B.Cook
Ward 2 Position 2—Matthew Petty
City Clerk Sondra Smith Ward 3 Position l—Robert K.Rhoads
ARKANSAS Ward 3 Position 2—Robert Ferrell
Ward 4 Position 1 —Shirley Lucas
Ward 4 Position 2—Sarah E.Lewis
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
December 7, 2010
A meeting of the Fayetteville City Council will be held on December 7, 2010 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:
City Council Meeting Presentations, Reports and Discussion Items:
1. America in Bloom
Agenda Additions:
A. Consent:
1. Approval of the November 16, 2010 City Council meeting minutes.
2. Bobcat Skid Steer Loader Budget Adjustment (Resolution 177-10): A resolution
approving a budget adjustment in the amount of $43,000.00 to provide funding for the
purchase of a Bobcat skid steer loader authorized by Resolution No. 177-10.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
3. Arkansas State Police Drug Task Force General Improvement Grant: A resolution
authorizing acceptance of a non-matching Arkansas State Police Drug Task Force
General Improvement Grant in the amount of $38,604.00 for the purchase of two (2)
undercover law enforcement vehicles, and approving a budget adjustment.
4. Arkansas State Police Special State Asset Forfeiture Grant: A resolution authorizing
acceptance of a non-matching Arkansas State Police Special State Asset Forfeiture Grant
in the amount of$19,302.00 for the purchase of an undercover law enforcement vehicle,
and approving a budget adjustment.
5. Arkansas State Police Trunking Radio System General Improvement Grant: A
resolution authorizing acceptance of a non-matching Arkansas State Police Trunking
Radio System General Improvement Grant in the amount of$36,000.00 for the purchase
of eight (8) portable radios, and approving a budget adjustment.
6. Police Department Unit Replacement: A resolution approving a budget adjustment in
the amount of$25,000.00 to recognize insurance settlement proceeds related to the total
loss of a police department undercover vehicle and to establish an appropriation for a
replacement.
7. Heckathorn Construction Company, Inc. Bid #10-66: A resolution awarding Bid#10-
66 and authorizing the construction and installation of electrical generators by
Heckathorn Construction Company, Inc. in the amount of$78,502.00 for use by the Fire
Department.
8. City of Greenland Wastewater Contract: A resolution approving a contract extension
with the City of Greenland for the operation and maintenance of its wastewater collection
system.
9. Crossover Road Water and Sewer Relocation AHTD-Utility Agreement: A
resolution approving a water and sewer utility relocation expense cost-sharing agreement
with the Arkansas Highway and Transportation Department related to the widening of
Crossover Road (State Highway 265) between Mission Boulevard and Joyce Boulevard.
10. Baird, Kurtz & Dobson (BKD), LLP: A resolution approving a contract with Baird,
Kurtz & Dobson (BKD), LLP, in the amount of$84,200.00 to provide independent audit
services to the City of Fayetteville.
11. Happy Hollow Elementary Easement: A resolution to modify the tree preservation
easement for Happy Hollow Elementary located west of Crossover Road, one-half mile
north of Huntsville Road.
12. Butterfield Trail Village Project Revenue Bond: A resolution to ratify the resolution
of the Fayetteville Public Facilities Board approving refunding revenue bonds
(Butterfield Trail Village Project), Series 2010 in a principal amount of not to exceed
nineteen million dollars ($19,000,000.00)
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
B. Unfinished Business:
1. 2011 Annual Budget & Work Program: A resolution adopting the 2011 Annual
Budget and Work Program. This resolution was tabled at the November 16, 2010 City
Council meeting to the December 7, 2010 City Council meeting.
2. SouthPass Amendment No. 1: An ordinance approving Amendment No. 1 to a
residential planned zoning district entitled R-PZD 08-2898 SouthPass to amend the
phasing plan, reduce the project acreage and density, rezone a portion of the property to
RSF-0.5, amend Condition No. 10 regarding the $1 million contribution and change the
name of the PZD. This ordinance was left on the Second reading at the November 16,
2010 City Council meeting.
Left on the Second Reading
C. New Business:
1. VAC 10-3662 (Oakbrooke Ph III): An ordinance approving VAC 10-3662 submitted
by Bates and Associates for property located in the Oakbrooke Subdivision, to vacate
existing utility easements and tree preservation areas and re-dedicate them in the proper
location, as described herein.
2. Regional Urban Stormwater Education Program: An ordinance waiving the
requirements of formal competitive bidding and approving a Memorandum of
Understanding with the MS4 Jurisdictions and the Northwest Arkansas Regional
Planning Commission in the amount of $44,551.97 for the Regional Urban Stormwater
Education Program to be provided by the University of Arkansas Cooperative Extension
Service to satisfy portions of the NPDES Phase II Stormwater permit requirements.
3. Amend Ordinance No. 5356: An ordinance amending Ordinance No. 5356 concerning
parking regulations by removing the sunset provision.
4. Amend §72.18 Residential Parking Permit Program for the Entertainment District
Parking Zone: An ordinance amend §72.18 Residential Parking Permit Program for the
Entertainment District Parking Zone of the Fayetteville Code to allow one additional hour
of public free parking (1:00 p.m. to 2:00 p.m.) on Sundays and to adopt an amended
residential parking district map changing some paid parking spaces to mixed-use or
residential permit only spaces.
5. Amend §72.50 & §72.58: An ordinance to amend Article III Parking Meters of Chapter
72 Parking Regulations of the Fayetteville Code by changing the paid parking space
designation of certain streets, by changing the maximum daily rate for paid parking to
$5.00, by eliminating a monthly paid parking program for gated city lots and for other
purposes.
6. Amend §72.99 Penalties: An ordinance to amend §72.99 Penalties of Chapter 72
Parking Regulations to set the fine for overtime parking at $15.00 and to limit issuing a
parking citation to once within a four hour period.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
7. Repeal §156.03 Flood Damage Prevention Code: An ordinance to repeal the direct
appeal to Circuit Court Provision of§156.03 (C)(6) Flood Damage Prevention Code.
8. R & P Electroplating Donation Deed: A resolution to authorize Mayor Jordan to sign
the application for donation deed for the former R & P Electroplating property and a
Brownfrelds Agreement.
City Council Tour:
Announcements:
December 14, 2010
City Council &Library Board of Trustees Meet and Greet
Fayetteville Public Library
Drop-In from 5:30 to 7:30 p.m.
Adjournment:
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 speak
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 accessfayetieville.org or in the office of the
City Clerk, 113 West Mountain, Fayetteville,Arkansas.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
C. 1
VAC 10-3662(Oakbrooke Ph III)
Page 1 of 4
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 10-3662 SUBMITTED
BY BATES AND ASSOCIATES FOR PROPERTY LOCATED
IN THE OAKBROOKE SUBDIVISION, TO VACATE
EXISTING UTILITY EASEMENTS AND TREE
PRESERVATION AREAS AND RE-DEDICATE THEM IN THE
PROPER LOCATION, AS DESCRIBED HEREIN.
WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate
public grounds or portions thereof which are not required for corporate purposes; and
. WHEREAS, the City Council has determined that the following described platted utility
easements are not required for corporate purposes, once new utility easements are dedicated; and
WHEREAS, the City Council has the authority under §167.047(L) of the Unified
Development Code to modify or abolish a recorded tree preservation area; and
WHEREAS, the City Council has determined that the following described portion of the
recorded tree preservation area should be adjusted to reflect accurate areas of canopy protection,
that the proposed modification would not lower the preserved tree canopy below the required
level, and would allow for the maintenance of existing drainage easements on the subject
property;
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 vacates and
abandons all utility easements as shown on Exhibit A and described in the Exhibit B,attached.
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the
map attached and labeled Exhibit A shall be filed in the office of the Recorder of the County and
recorded in the Deed Records of the County.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves
the modification of the tree preservation area as shown in Exhibit A and described in Exhibit B,
attached.
C. 1
VAC 10-3662(Oakbrooke Ph III) _
Page 2 of 4
Section 4: That this ordinance approval is subject to the Conditions of Approval as
follows, and shall not be in effect until all conditions are met.
1. An easement plat or final plat depicting the utility easements needed to serve the
Oakbrooke project, as required by all utility representatives, shall be dedicated and
filed of record. The vacation of all easements shall not be accepted until this
requirement has been met.
2. Any relocation of existing utilities shall be at the owner/developer's expense prior to
recordation of the easement vacation.
3. An easement plat or final plat depicting the modified tree preservation area needed to
meet the tree preservation requirements for the Oakbrooke Subdivision, as required
by the City of Fayetteville Urban Forester, shall be dedicated and filed of record.
PASSED and APPROVED this day of 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
C. 1
VAC 10-3662(Oakbrooke Ph III)
Page 3 of 4
EXHIBIT "B"
VAC 10-3662
AREA OF DISCUSSION FOR VACTION REQUEST:
A PART OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE FRACTIONAL
SECTION 1, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY,
ARKANSAS,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:
BEGINNING AT A POINT WHICH IS S87'10'41"E 184.13' FROM THE SOUTHWEST
CORNER OF SAID SOUTH HALF AND RUNNING THENCE NO2°17'42"E 110.42',
THENCE N87°10'42"W 8.13', THENCE NO2°18'02"E 960.73', THENCE S87°49'42"E
252.14',THENCE S87°09'15"E 207.79', THENCE S02°17'42"W 442.08', THENCE
S87'42'1 8"E 338.00', THENCE NO2°17'42"E 36.64', THENCE S87-42'1 8"E 150.85',
THENCE S02°50'04"W 223.11', THENCE N87°28'48"W 28.54', THENCE S02°49'03"W
389.83',THENCE S87°09'30"E 254.42', THENCE S25°35'53"W 64.93', THENCE
N87"10'24"W 1135.30' TO THE POINT OF BEGINNING, CONTAINING 18.55 ACRES,
MORE OR LESS.
C. 1
VAC 10-3662(Oakbrooke Ph 111)
EXHIBIT Page 4 of 4
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EASEMENT PLAT FOR
Bates& OAKOROOKE SUISCIPASION PHASE III
Aissociates,inc. 4 1
FAYETTEMU,ARKANSAS
City of Fayetteville Staff Review Form C.a
,J R&P Electroplating
City Council Agenda Items Donation Deed
and
Page 1 of 10
II
(� 77��
l l/�/1V Contracts, Leases or Agreements
City Council Meeting Date
D Agenda Items Only
i
i
Connie Edmonstori�' Parks & Recreation
Submitted By Division Department
Action Required:
Mayor Jordan's signature on the application requesting a donation deed for the former R & P Electorplating property
from Arkansas Land Commissioners for Parks and Recreational use including a multi-sport field, trail, trail head
parking, pavilion, fishing area, and picnicking area. Parks would add the maintenance of this property into the
mowing and maintenance schedule. Costs would be absorbed into the 2011 operational budget and capital needs
would be addressed in future CIP. See attached application.
Q — $
Cost of this request Category/Project Budget Program Category/Project Name
Account Number Funds Used to Date Program/Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item ® Budget Adjustment Attached
���1�/ 11—o2 L/—�O Previous Ordinance or Resolution#
epart t Director `� � Date /
I t e Original Contract Date:
Original Contract Number:
orneyP Date
_21-)t1f0
Finance and Internal Services Director Date Received in City 11 -24-10P01 : 30 R C V D
Clerk's Office
Chi f of ff Date
`— Received in E EREn
Mayor's Office
yor D
C rnm^�ee�nt��s::�
lJ'n•`^'^ '7'e C..�tf+l�. �i� t.+'1 �� ��� Wj� � a'�Q.ILl9, )f'r M r1�l�r c
Revised January 15,2009
C.8
R&P Electroplating
Donation Deed
Page 2 of 10
City Council Meeting Date:
Taye evl e December 7, 2010
ARKANSAS
City Council Agenda Memo
To: Mayor and Members of the City Council
From: Don Marr, Chief of Staff
Thru: Mayor Jordan
Date: 11-30-2010
Subject: Request for R&P Electroplating Property& Brownfield Agreement
Recommendation:
The City Staff and Administration recommend on behalf of the Mayor's office that the City Council
of the City of Fayetteville, AR pass a resolution to authorize Mayor Jordan to sign the Application
for Donation Deed for the Former R & P Electroplating Property and a Brownfield Agreement.
Background:
The City of Fayetteville, AR was contacted by Ryan Benefield, Deputy Director of ADEQ and Clyde
Rhoads, Chief, Hazardous Waste Division of ADEQ seeking the City of Fayetteville's interest in
taking the old R&P Electroplating land which was cleaned up by ADEQ for 2.4 million dollars and
using the land for a public purpose. ADEQ communicated to the Mayor and staff that they would
go with the City of Fayetteville to the Land Commissioners Office in support of the City's request
to obtain this land free of charge. The City of Fayetteville will have to agree to allow ADEQ to
continue to monitor ground water and protect the three monitoring wells on the site as well as
insure that the property is not used for any industrial purposes in the future. A letter of intent to
participate in the Brownfield Program has been sent to ADEQ and this initiates ADEQ conducting
a Phase I permit, which provides the City of Fayetteville Federal Protection. The Brownfield
agreement protects the City of Fayetteville of liability associated with the site's clean-up and prior
contamination history with the State of Arkansas.
ADEQ anticipates that this will be completed within two weeks. Once the City of Fayetteville has
all of the paperwork, and application for the Brownfield Agreement presented and approved by
ADEQ, the City will file the paperwork requesting application for donation deed for the previous
Plating Park, Inc property now owned by the State of Arkansas. Any future responsibilities of
collecting the 2.4 Million dollars spent on clean up would be forgiven by ADEQ since the land
would be then utilized by a municipal entity(the City of Fayetteville AR)for a public purpose(Multi
Use Park and Trail connection)
Additionally the current baseball fields (White River Baseball complex) has a portion of the field
that is within the R&P Electroplating surveyed property, and this will clear up that property line
issue, and will now show that all of the ball field, and future trail connection, and newly proposed
multi-use field will be the property of the City of Fayetteville. This 6 acres of land will link two park
areas together. (Combs Park and White River Baseball Park).
113 West Mountain 72701 (479)575-8323 accessfayetteville.org
TDD(Telecommunications Device for the Deaf)(479)-521-1316
C.8
R&P Electroplating
Donation Deed
Page 3 of 10
Budget Impact:
We believe the budget impact for the City of Fayetteville will be minimal. There will be no cost to
the city to obtain/acquire the land, and there is no responsibility of the city to pay back the 2.4
Million Dollars of funds utilized to clean up the land. There will however, be an on-going annual
maintenance cost to mow and maintain the multi-purpose field. This area currently has park staff
in the area, maintaining the White River Complex and Combs Park, and therefore this will be
incorporated into the regular maintenance schedule of these areas. Funds to develop this multi-
use park and Trail connection will come from future CIP and HMR Parks Development funds—
which at this time have not been committed to this project—because the land has not yet been
given to the City of Fayetteville. This will be programmed in future CIP/HMR program request.
113 West Mountain 72701 (479)575-8323 accessfayetteville.org
TDD(Telecommunications Device for the Deaf)(479)-521-1316
C.8
R&P Electroplating
Donation Deed
Application for Donation Deed Under A.C.A. §22-6-501 Page 4 of 10
Former R & P Electroplating Property
Application submitted by the City of Fayetteville, AR
1. Proposed use of land:
The City of Fayetteville is requesting the donation of the former R & P Electroplating
property. This land would become a crucial and integral part of the Parks and Recreation
park system and would complete a vital link between existing facilities. Compelling
reasons to consider this request are described below. See attached map.
1. The property lies between the City's White River Baseball Complex and Combs
Park. A portion of one of the existing baseball fields is currently located on the R
& P property and the City recognizes the need to acquire the land to obtain
ownership of the field to secure future use of the field for the Youth Baseball
Program for ages 13 - 18.
2. Ownership of this property would enable the City to obtain an important parcel of
land that links the White River Baseball Complex consisting of 49 acres (located
north of R& P property) to Combs Park with 80 acres (located south of R & P).
The 135 acres of continuous park land joining two existing parks would provide
several recreational opportunities for the City along the White River corridor such
as a trail, pavilion, and picnicking and fishing area.
3. The Fayetteville Alternative Transportation and Trails Plan includes a multi-use
trail traversing the R & P property. Incorporating the R& P site into the Parks
and Recreation Department would secure 135 acres of continuous, vital greenway,
as well as provide a needed trail and trail head with parking. Other recreational
amenities would include a pavilion, picnic area, and a public fishing area.
4. A multi-sport field on this site would provide additional playing fields for soccer,
rugby, ultimate frisbee, baseball/softball practice, as well as other possible sports
or special events. To meet future field needs, Parks and Recreation has
preliminarily discussed the possibility of leasing land on the south side of Pump
Station Road from Marshalltown Tools to create a multi-sport complex (which
includes the R & P field) in our City's southeast side. Existing concession and
restroom facilities located at White River Baseball Complex would support this
proposed complex.
2. Duration of use for the stated purposes:
1. White River Baseball Complex will continue operating as long as there is
a baseball league for ages 13 to 18. At some point in time, the baseball
complex may be used for other age groups or as practice fields.
1
C.8
R&P Electroplating
Donation Deed
2. Recreational improvements planned for the site will be constructed as Page 5 of 10
funding is available. The trails will initially be blazed in 2011 as nature
trails by a volunteer group such as the Boy Scouts. Pump Station Road
will be utilized for parking for the trail system, as well as the multi-sport
field effective in 2011. Fishing from the bank will be permitted.
3. The Fayetteville Alternative Transportation Trail will be 12 feet wide, will
be composed of asphalt/concrete and will replace the initial nature trail.
This trail is estimated to be built in the next 5 to 10 years depending upon
approval of City Council.
4. The multi-sport field will be prepared and seeded for use in 2011. Plans
are to upgrade the field in future years when the budget allows, and to
irrigate from the White River upon approval of the Corp of Engineers.
The multi-sport complex completion date will be determined by public
need and a future property lease for additional fields from Marshall Town
Tools. See attached map.
3. The division or department designated for the maintenance and operation of
the property once deeded:
The Fayetteville Parks and Recreation Department will be responsible for the
maintenance and recreational programming of this property. It will be routinely
maintained and operated as part of the City's parks system in 2011.
4. Date of beginning of construction:
Parks and Recreation plans to have a natural trail blazed through this property and
to upgrade and reseed the multi-sport field early in 2011. Once the field is ready,
it will be programmed for practices and events. The Alternative Transportation
Trail is estimated to be built in the next 5 to 10 years depending upon approval of
City Council. Other recreational amenities such as the pavilion and picnic table
will be added as budget permits.
5. Whether the proposed use includes sale or conveyance of the property to a
third party:
No sale or conveyance of the property is anticipated. The City would own the
property as a park and would be responsible for properly maintaining and
upgrading the property for outdoor recreational purposes.
Thank you for your consideration of this important request from the City of Fayetteville.
If this request is approved, please be assured that the Fayetteville Parks and Recreation
Department and the citizens of Fayetteville would benefit from this generous donation of
property.
2
C.8
APPLICATION FOR DONATION DEED UNDER A.C.A. § 22-6-501, AS AMENDED R&P Electroplating
Donation Deed
Page 6 of 10
The undersigned hereby requests a Donation Deed under A.C.A. §22-6-501 to be issued on the following described Real
Property in WASHINGTON County,
Parcel Number: 765-19950-000 Code/Year: 31-4 1997
Record owner as certified: PLATING PARK,INC,
Description: DISTRICT It-Under Investigation for Haz,Waste Contamination by DEQ Acreage: 0 Lot: 12 City: FAYEFFEVILLE Addition:INDUSTRIAL PARK
FINAL REPLAT
The above referenced property was forfeited to the Commissioner of State Lands for the nonpayment of ad valorem
real estate taxes for the year 1997.
Please address the following requirements, attach extra sheet or plan if necessary.
The name of the government agency or office to whom title should be conveyed:
City of Fayetteville,AR
Please attach a statement including the following information: 1) Proposed use of land; 2) Duration of use for
the stated propose; 3) The division or department designated for the maintenance and operation of the
property once deeded; 4) Date of beginning of construction, if applicable; 5) And,whether the proposed use
includes sale or conveyance of the property to a third party You may also include any maps, plats, drawings
or plans detailing the proposed use as well as any information regarding financing of the construction and
maintenance of the project.
The undersigned states that it understands the following:
The Commissioner of State Lands is authorized to accept the application as submitted or recommend modifications
to the application. The Commissioner of State Lands is further empowered to disallow any application determined
by the Commissioner to be contrary to the best interests of the health and general welfare of the state and its
citizens.
The deed issued by the Commissioner of State Lands to a state department or agency, state institution, city, county
or school district under A.C.A. §22-6-501, as amended, may contain restrictive covenants or reservations stating
that should the governmental unit no longer desire to use the land for the proposed use stated in the application, said
governmental unit shall submit a subsequent letter of application to the Commissioner of State Lands to request
change in the use of the property, and the Commissioner of State Lands shall accept, modify,or disallow the
request. Moreover, should the governmental unit determine that the property can no longer be utilized, the property
shall revert to the State. In no case shall the property be sold or donated by the governmental entity unless
otherwise stated and approved by the Commissioner in this application.
Authorized signature of Governmental Unit Date
Lioneld Jordan,Mayor City of Fayetteville,AR
Printed Name and Title
Mail To:
City of Fayetteville
113 W. Mountain St.
Fayetteville, AR 72701