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Home My WebLink About2008-08-05 - 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 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 August 5, 2008 A meeting of the Fayetteville City Council will be held on August 5, 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: None. Presentations, Reports and Discussion Items: A. Off Street Parking Improvement District No. 1 Board Vacancy: Approve the appointment of Tonya L. Patrick and George B. Morton (Appointed by the District and Approved by the City Council) Approved. B. Washington County Regional Ambulance Committee Appointments: Appoint two people to the committee (Appointed by the City Council) Appointed Fire Chief Tony Johnson and Alderman Bobby Ferrell Agenda Additions: Fayetteville Downtown Partners - Fayetteville Arts Festival. This item was added at the City Council meeting under New Business, Item No. 13. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org A. Consent: 1. Approval of the July 1 and the July 15, 2008 City Council meeting minutes. APPROVED. 2. Arkansas Parks and Tourism Outdoor Recreation Grant: A resolution authorizing the Mayor to apply for an Arkansas Parks and Tourism Outdoor Recreation Grant in the amount of$150,000.00 for the development of the park property on Fairlane Drive. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 149-08. 3. Arkoma Playgrounds and Supply, Inc., Bid # 08-05: A resolution awarding Bid # 08- 05 and approving a contract with Arkoma Playgrounds and Supply, Inc. in the amount of $199,969.00; and approving a 5% contingency in the amount of $9,998.00 for the construction of Rodney Ryan Park. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 150-08. 4. Bestech Environmental Resources, Inc., Bid # 08-31: A resolution to approve the purchase of a G-8 Therm-Tec animal crematory for $58,700.00 for use by the Animal Shelter and approve a budget adjustment of$8,700.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 151-08. 5. Future Link of Illinois, Bid # 08-53: A resolution awarding Bid# 08-53 and approving the purchase of twenty-seven (27) mobile computer systems from Future Link of Illinois, Inc. in the amount of $148,818.33 for use in Fayetteville Police Patrol Vehicles; and approving a budget adjustment in the amount of$149,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 152-08. 6. Automatic Vehicle Rash Program: A resolution approving a budget adjustment in the amount of $60,000.00 to transfer funds from Project 02082 — (Solid Waste Vehicles/Equipment) to Project 06012 — (Wash Bay and Covered Storage) to complete the installation of the Vehicle Wash System and the Hand-Wash Truck Wash Area. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 153-08. B. Unfinished Business: 1. Hiring Freeze: Hiring Freeze Appeals: A resolution to approve the hiring of two replacement Fayetteville Police Officers. Two Police Officers 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 154-08. 2. ADM 07-2711 (UDC Amendment — Chapter 166.08 Street Design and Access Management Ordinance): An ordinance amending Title XV: Unified Development Code of the Code of Fayetteville to amend Chapter 166: Development in order to adopt street design and access management design standards. This ordinance was left on the First Reading at the July 15, 2008 City Council meeting. Left on the First Reading PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5156. 3. Amend Chapter 173 Building Regulations: An ordinance to enact the Arkansas Energy Code as a part of the Unified Development Code and to amend the energy code to add a provision for an energy efficiency certificate. This ordinance was left on the Second Reading at the July 15, 2008 City Council meeting. Left on the Second Reading PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5157. C. New Business: 1. Crossland Heavy Contractors, Inc.: A resolution awarding Bid #08-50 and approving a construction contract with Crossland Heavy Contractors, Inc. in the amount of $2,439,646.00; and approving a 10% contingency in the amount of $244,000.00 for improvements at the Noland Wastewater Treatment Plant, WSIP Subproject EP-3. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 155-08. 2. 2009 Employee Benefits: A resolution to approve the same level and cost of employee benefits in 2009 as are being provided in 2008. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 156-08. 3. Amend § 33.018, Parks and Recreation Advisory Board: An ordinance to amend § 33.018 Parks and Recreation Advisory Board of the Code of Fayetteville. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5158. 4. Amend Chapter 174 Signs: An ordinance to amend Unified Development Code Ch. 174.08, Prohibited Signs, to allow "A" frame sandwich/menu board signs under certain conditions. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org THIS ITEM WAS LEFT ON THE FIRST READING OF THE ORDINANCE. 5. Bid Waiver for Asphalt: An ordinance waiving the requirements of formal competitive bidding throughout the remainder of the year for the purchase of asphalt materials for use by the Transportation Division. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5159. 6. 2009 Budget Request: A resolution to request that the budget to be submitted to the City Council by the Administration be balanced. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 157-08. 7. R-PZD 08-2980, Markham Hill Cottage Courts: An ordinance establishing a Residential Planned Zoning District titled R-PZD 08-2980, Markham Hill Cottage Courts, located north of Maine Street, between Sang and Cross Avenue; containing approximately 2.54 acres; amending the official zoning map of the City of Fayetteville; and adopting the associated master development plan. THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE. 8. R-PZD 08-3006, Porchscapes: An ordinance establishing a Residential Planned Zoning District titled R-PZD 08-3006, Porchscapes, located at the southern extension of Seven Hills Drive, south of Huntsville Road; containing approximately 8.81 acres; amending the official zoning map of the City of Fayetteville; and adopting the associated master development plan. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5160. 9. R-PZD 08-3022, Stonewood Gardens: An ordinance establishing a Residential Planned Zoning District titled R-PZD 08-3022, Stonewood Gardens, located near the south east corner of Crossover and Albright Road; containing approximately 3.36 acres; amending the official zoning map of the City of Fayetteville; and adopting the associated master development plan. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5161. 10. RZN 08-3027, Pathway Baptist Church: An ordinance rezoning that property described in rezoning petition RZN 08-3027, for approximately 14.36 acres, located at the southeast corner of Mount Comfort and Salem Road from RSF-4, Residential Single- family, 4 units per acre and R-A, Residential Agricultural to R-O, Residential Office and P-1, Institutional. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5162. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 11. ANX 08-3029, Holcomb Heights III: An ordinance annexing that property described in annexation petition ANX 08-3029, located at the northwest corner of Weir Road and North Salem Road, containing approximately 3.23 acres. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5163. 12. RZN 08-3030, Holcomb Heights III: An ordinance rezoning that property described in rezoning petition RZN 08-3030, for approximately 3.23 acres, located at the northwest comer of Weir Road and North Salem Road from R-A, Residential Agricultural, to RSF- 4, Residential Single-family, 4 units per acre. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5164. 13. Fayetteville Downtown Partners-Fayetteville Arts Festival: An ordinance waiving the requirements of § 34.23(A) of the Fayetteville Code requiring quotation bids and approving a contract for services with Fayetteville Downtown Partners in the amount of $12,500 to promote, produce and manage the 2008 Fayetteville Arts Festival and approving a budget adjustment in the amount of$12,500.00. THIS ITEM WAS ADDED AT THE CITY COUNCIL MEETING, PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5165. 14. Amend § 161.23, Neighborhood Conservation: An ordinance to amend § 161.23 Neighborhood Conservation to add Use Unit 26, Multi-family dwellings as conditional use. THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE. Announcements: 1. City Council Tour: None Adjournment: Meeting adjourned at 7:55 p.m. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org City Council Meeting: August 2008 ._. journ: �7 C Subject: Roll Thiel Cook Allen Rhoads Ferrell Lucas Vx, Jordan Gray Mayor Coody Subject: Motion To: Motion By: Seconded: Thiel Cook Allen Rhoads Ferrell Lucas Jordan Gray Mayor Coody City Council Meeting: August 2008 Subject: Off Street Parking Improvement District No. 1 Board Vacancy Motion To: Motion By: Seconded: Thiel Cook Allen }/ Rhoads Ferrell Lucas (�J�nge IJP mow Jordan Gray Mayor Coody y� Subject: Motion To: Motion By: Seconded: Thiel Cook Allen Rhoads Ferrell Lucas Jordan Gray Mayor Coody 2008ust ., City Council Meeting: August , Subject: Washington County Regional Ambulance Committee Appointments Motion To: T r I Motion By: �0� 6 Seconded: Thiel ✓ Cook r/ Allen Rhoads ap Ferrell l� CLcra�.e, Lucas Jordan �e�v1 eQ Q Gray Mayor Coody ld Subject: Motion To: Motion By: Seconded: Thiel Cook Allen Rhoads Ferrell Lucas Jordan Gray Mayor Coody City Council Meeting: Augum 2008 ' Subject: Consent Motion To: Motion By: Seconded: U Thiel Cook Allen Rhoads Ferrell e� Lucas Jordan a/ 7 Gray 05 Mayor Coody Subject: Motion To: Motion By: Seconded: Thiel Cook Allen Rhoads Ferrell Lucas Jordan Gray Mayor Coody City Council Meeting: August 2008 Subject: Hiring Freeze Appeals: Two Police Officers Motion To: Motion By: Seconded: �h B.1. Thiel Unfinished Cook Business Allen Rhoads Ferrell OIQ�� Lucas Jordan Gray Mayor Coody Subject: Hiring Freeze Appeals: Motion To: Motion By: , Seconded: B.l. Thiel Unfinished Cook Business Allen Rhoads Ferrell Lucas Jordan Gray Mayor Coody City Council Meeting: August 5, Subject: ADM 07-2711 (UDC Amendment — Chapter 166.08 Street Design and Access Management Ordinance) Motion To: I)d PJ ; r 04 Motion By: �1 Seconded: B.2. Thiel Unfinished Cook Business Allen �/ ✓ �/ Rhoads ,/. ✓ ✓ Loll" Ferrell Lucas ,/ ✓ �/ tIO-� Jordan t/ ✓ t/ Gray IMayor Coody Subject: Amend Chapter 173 Building Regulations Motion To: Motion By: 910 dA',) Seconded: B.3. Thiel Unfinished Cook Business Allen Rhoads Ferrell U'` Lucas Jordan 1� Gray 5f6 Mayor Coody City Council Meeting: August 2008 Subject: Crossland Heavy Contractors, Inc. Motion To: Motion By: Seconded: C.1 Thiel New Cook Business Allen Rhoads Ferrell Lucas Jordan ,✓ Gray Mayor Coody r � Subject: 2009 Employee Benefits Motion To: (L Motion By: Seconded: C.2 Thiel ✓ New Cook �✓ Business Allen ✓ Rhoads Ferrell G�4 Lucas Jordan �✓ / p Gray Mayor Coody -p City Council Meeting: August 2008 Subject: Amend § 33.018, Parks and Recreation Advisory Board - Motion To: I)d -3 ,,r?d /aal Motion By: Seconded: C.3 Thiel Lo� � New Cook Business Allen Rhoads Ferrell Lucas Jordan ( � Gray r Mayor Coody Subject: Amend Chapter 174 Signs Motion To: Motion By: Seconded: CA Thiel New Cook Business Allen Rhoads Ferrell - .e Lucas 1;?kaj 1 Jordan 0 Gray Mayor Coody City Council Meeting: August 2008 Subject: Bid Waiver for Asphalt Motion To: Motion By: Seconded: C.5 Thiel ✓ ✓ ✓` `" New Cook ✓ �/' ✓ Business Allen i/ �/ c✓ Rhoads ✓ v'' �- Ferrell i✓ !/ ,,,�°" Lucas t✓ �.� Jordan ✓ t✓ Gray �� ✓ Mayor Coody !" Subject: 2009 Budget Request Motion To: O ,4 Motion By: a- 4 oSS Seconded: ` C.6 Thiel New Cook e/ Business Allen Rhoads Ferrell h f Lucas 4 Jordan A Gray Mayor Coody City Council Meeting: August 2008 Subject: R-PZD 08-2980, Markham Hill Cottage Courts Motion To: Motion By: Seconded: C.7 Thiel ✓ New Cook Business Allen ✓ Rhoads ✓ Ferrell e/ Lucas ✓ Jordan U Gray Mayor Coody Subject: R-PZD 08-3006, Porchscapes Motion To: ' f� d Motion By: Seconded: C.8 Thiel New Cook Business Allen Rhoads ,/ ✓ i/ Ferrell ,O' ✓� Lucas Jordan Gray Mayor Coody -a 0ra g-o City Council Meeting: � A8 � Subject: R - P 7- 0 00 - 300 (o . 1 Motion To: (] Motion By: Seconded: Thiel ✓ C, Cook Allen ! � Rhoads ,r Ferrell ✓ �/ " Lucas Jordan f 6/ Gray ✓� �' 5 Mayor Coody Subject: Motion To: Motion By; Seconded: Thiel Cook Allen Rhoads Ferrell Lucas Jordan Gray Mayor Coody City Council Meeting: August . 2008 Subject: R-PZD 08-3022, Stonewood Gardens Motion To: Motion By: Seconded: C.9 Thiel V. New Cook Business Allen i/ ✓ Rhoads ,/ ✓ �' Ferrell r/ ✓ ,,�-' Lucas �/ ✓ r./� Jordan Gray ✓ ✓ Mayor Coody 9 -0 Subject: RZN 08-3027, Pathway Baptist Church Motion To: :�Ad -". Motion By: Seconded: fd tA..s C.10 Thiel `SC(N�- O&JA New Cook ✓ ,/ Business Allen Vol"" Rhoads rrell Lucas �- Jordan ✓ �/ Gray VIZ 5 Mayor Coody '7 'o i City Council Meeting: August, .j 2008 Subject: ANX 08-3029, Holcomb Heights III Motion To: Motion By: Seconded: 5-f� - C.11 Thiel Vol*" New Cook ✓ �/ Al Business Allen ✓ Rhoads Ferrell ,/ ✓ r/ Lucas �- /P&Z.Aa Jordan ,/ ✓ Gray ✓ ✓ Mayor Coody Subject: RZN 08-3030, Holcomb Heights III Motion To: n Motion By: Seconded: C.12 Thiel f New Cook Business Allen ✓ ,/ ✓ Rhoads Ferrell ✓ /' �./ ®tom Lucas �,/ ✓ ✓ Jordan ,/' ✓s Gray bloo, v Mayor Coody �� 9-0 City Council Meeting: Subject. (i A � J �� cAuzf� ffe— mat.. — 008 Motion To: n n OAN�" Vt�X CX a Motion By: �z�soo Seconded: JL Thiel N Cook Allen VIOO' Rhoads Ferrell t/ Lucas Jordan Gray Mayor Coody Subject: Motion To: Motion By: Seconded: 01 LA� Thiel �' ✓ �/ Cook r/ ✓ l/ Allen Rhoads Ferrell Lucas Jordan Gray Mayor Coody City Council Meeting: August 2008 Subject: Amend § 161.23, Neighborhood Conservation Motion To: Motion By: Seconded: C.13 Thiel New Cook d/ Business Allen Rhoads Ferrell ✓ C44- Lucas r/ Jordan p/ 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 August 5, 2008 A meeting of the Fayetteville City Council will be held on August 5, 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: A. Off Street Parking Improvement District No. 1 Board Vacancy: Approve the appointment of Tonya L. Patrick and George B. Morton (Appointed by the District and Approved by the City Council) B. Washington County Regional Ambulance Committee Appointments: Appoint two people to the committee (Appointed by the City Council) Agenda Additions: A. Consent: 1. Approval of the July 1 and the July 15, 2008 City Council meeting minutes. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 2. Arkansas Parks and Tourism Outdoor Recreation Grant: A resolution authorizing the Mayor to apply for an Arkansas Parks and Tourism Outdoor Recreation Grant in the amount of$150,000.00 for the development of the park property on Fairlane Drive. 3. Arkoma Playgrounds and Supply, Inc., Bid # 08-05: A resolution awarding Bid # 08- 05 and approving a contract with Arkoma Playgrounds and Supply, Inc. in the amount of $199,969.00; and approving a 5% contingency in the amount of $9,998.00 for the construction of Rodney Ryan Park. 4. Bestech Environmental Resources, Inc., Bid # 08-31: A resolution to approve the purchase of a G-8 Therm-Tec animal crematory for $58,700.00 for use by the Animal Shelter and approve a budget adjustment of$8,700.00. 5. Future Link of Illinois, Bid # 08-53: A resolution awarding Bid# 08-53 and approving the purchase of twenty-seven (27) mobile computer systems from Future Link of Illinois, Inc. in the amount of $148, 818.33 for use in Fayetteville Police Patrol Vehicles; and approving a budget adjustment in the amount of$149,000.00. 6. Automatic Vehicle Wash Program: A resolution approving a budget adjustment in the amount of $60,000.00 to transfer funds from Project 02082 — (Solid Waste Vehicles/Equipment) to Project 06012 — (Wash Bay and Covered Storage) to complete the installation of the Vehicle Wash System and the Hand-Wash Truck Wash Area. B. Unfinished Business: 1. Hiring Freeze: Hiring Freeze Appeals: Two Police Officers 2. ADM 07-2711 (UDC Amendment — Chapter 166.08 Street Design and Access Management Ordinance): An ordinance amending Title XV: Unified Development Code of the Code of Fayetteville to amend Chapter 166: Development in order to adopt street design and access management design standards. This ordinance was left on the First Reading at the July 15, 2008 City Council meeting. Left on the First Reading 3. Amend Chapter 173 Building Regulations: An ordinance to enact the Arkansas Energy Code as a part of the Unified Development Code and to amend the energy code to add a provision for an energy efficiency certificate. This ordinance was left on the Second Reading at the July 15, 2008 City Council meeting. Left on the Second Reading 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org C. New Business: 1. Crossland Heavy Contractors, Inc.: A resolution awarding Bid #08-50 and approving a construction contract with Crossland Heavy Contractors, Inc. in the amount of $2,439,646.00; and approving a 10% contingency in the amount of $244,000.00 for improvements at the Noland Wastewater Treatment Plant, WSIP Subproject EP-3. 2. 2009 Employee Benefits: A resolution to approve the same level and cost of employee benefits in 2009 as are being provided in 2008. 3. Amend § 33.018, Parks and Recreation Advisory Board: An ordinance to amend § 33.018 Parks and Recreation Advisory Board of the Code of Fayetteville. 4. Amend Chapter 174 Signs: An ordinance to amend Unified Development Code Ch. 174.08, Prohibited Signs, to allow "A" frame sandwich/menu board signs under certain conditions. 5. Bid Waiver for Asphalt: An ordinance waiving the requirements of formal competitive bidding indefinitely for the purchase of asphalt materials for use by the Transportation Division. 6. 2009 Budget Request: A resolution to request that the budget to be submitted to the City Council by the Administration be balanced. 7. R-PZD 08-2980, Markham Hill Cottage Courts: An ordinance establishing a Residential Planned Zoning District titled R-PZD 08-2980, Markham Hill Cottage Courts, located north of Maine Street, between Sang and Cross Avenue; containing approximately 2.54 acres; amending the official zoning map of the City of Fayetteville; and adopting the associated master development plan. 8. R-PZD 08-3006, Porchscapes: An ordinance establishing a Residential Planned Zoning District titled R-PZD 08-3006, Porchscapes, located at the southern extension of Seven Hills Drive, south of Huntsville Road; containing approximately 8.81 acres; amending the official zoning map of the City of Fayetteville; and adopting the associated master development plan. 9. R-PZD 08-3022, Stonewood Gardens: An ordinance establishing a Residential Planned Zoning District titled R-PZD 08-3022, Stonewood Gardens, located near the south east corner of Crossover and Albright Road; containing approximately 3.36 acres; amending the official zoning map of the City of Fayetteville; and adopting the associated master development plan. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 10. RZN 08-3027, Pathway Baptist Church: An ordinance rezoning that property described in rezoning petition RZN 08-3027, for approximately 14.36 acres, located at the southeast corner of Mount Comfort and Salem Road from RSF-4, Residential Single- family, 4 units per acre and R-A, Residential Agricultural to R-O, Residential Office and P-1, Institutional. 11. ANX 08-3029, Holcomb Heights III: An ordinance annexing that property described in annexation petition ANX 08-3029, located at the northwest corner of Weir Road and North Salem Road, containing approximately 3.23 acres. 12. RZN 08-3030, Holcomb Heights III: An ordinance rezoning that property described in rezoning petition RZN 08-3030, for approximately 3.23 acres, located at the northwest corner of Weir Road and North Salem Road from R-A, Residential Agricultural, to RSF- 4, Residential Single-family, 4 units per acre. 13. Amend § 161.23, Neighborhood Conservation: An ordinance to amend § 161.23 Neighborhood Conservation to add Use Unit 26, Multi-family dwellings as conditional use. Announcements: 1. City Council Tour: None Adjournment: 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org Off Street Parking Improvement District No. 1 Board Vacancy Page 1 of 8 RECEIVED PETITION TO FILL VACANCY JUL 1 7 2008 ON THE BOARD OF IMPROVEMENT CITY OF FAYETTEVILLE OF THE OFF STREET PARKING CITY CLERK'S OFFICE IMPROVEMENT DISTRICT NO. 1 OF THE CITY OF FAYETTEVILLE,ARKANSAS To: Mayor Dan Coody and the/City Council of the City of Fayetteville,Arkansas. UQ , L /tic, an owner of real property located within the boundaries of the Off Street Parking Improvement District No. 1 of the City of Fayetteville, Arkansas, do hereby petition the City Council of the City of Fayetteville, Arkansas, that I be appointed to the Board of Improvement of the Off Street Parking Improvement District No. 1 of the City of Fayetteville,Arkansas. Dated this 'i day of 0 2008. Petitioner Off Street Parking Improvement District No. 1 Board Vacancy Page 2ot8 RECEIV PETITION TO FILL VACANCY JUL 20U0 ON THE BOARD OF IMPROVEMENT ET,-rE FFICE E OF THE OFF STREET PARKING IMPROVEMENT DISTRICT NO. 1 OF THE CITY OF FAYETTEVILLE,ARKANSAS To: Mayor Dan Coody and the City Council of the City of Fayetteville,Arkansas. I C—,=0,ZE,6 M a ll ro zv an owner of real property located within the boundaries of the Off Street Parking Improvement District No. I of the City of Fayetteville, Arkansas, do hereby petition the City Council of the City of Fayetteville, Arkansas, that I be appointed to the Board of Improvement of the Off Street Parking Improvement District No. 1 of the City of Fayetteville, Arkansas. Dated this 6 7 day of 2008. Petitioner Off Street Parking Improvement District No. 1 Board Vacancy Page 3 of 8 ORDINANCE NO.5142 AN ORDINANCE TO CODIFY ORDINANCE NO. 2292 OF DECEMBER 7, 1976, WITH AMENDMENTS PROPOSED BY THE BOARD OF THE DOWNTOWN OFF-STREET PARKING IMPROVEMENT DISTRICT WHEREAS, after a petition to form an improvement district was signed by a majority in assessed value of the owners of real property within the proposed Downtown Off-Street Parking Improvement District in November of 1976, the Board of Directors of the City of Fayetteville enacted Ordinance No. 2292 to create the District on December 7, 1976; and WHEREAS, this improvement district has obtained property and paved parking lots within the district and functioned well for over thirty years;and WHEREAS, the improvement district's board has requested that the City Council expand its membership to five. 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 hereby amends Chapter 33: Departments,Boards Commissions and Authorities of the Fayetteville Code by enacting neNX �,,,,,,,,,�� sections 33.062—33.064 as shown on Exhibit A attached hereto. �o•``rLRK/TR '�.,,� PASSED and APPROVED this a day of May,2008. *.FAYEITEVILLE: APPROVED: ATTEST: 'syRKANSP.JZ�� G�•10 By: By: DAN COODY, ayor SONDRA E. SMITH/City Clerk/Treasurer I Off Street Parking Improvement District No. 1 Board Vacancy Page 4 of 8 EXIMIT A Off-Street Parking Development District No.1 33.062 Establishment and Purposes (A) The Off-Street Parking Development District No. 1 was established on December 7, 1976, by Ordinance No. 2292 with its commissioners appointed by the Fayetteville City Board of Directors. The District encompasses the property described in Exhibit A to OrdinanceNo.2292. (6) The Off-Street Packing Development District was created for the purpose of constructing facilities for the off- street parking of vehicles on lands to be purchased by the District. 33.063 Membership of the Board,Terms of Office (A) The City Council shall appoint five owners of real property located within the District to be commissioners for the Off-Street Parking Development District Board. (B) The three current commissioners shall continue in their office for the remainder of their normal six year terms and may be reappointed. One new appointment shall be for an initial four year term of office. The other new appointment and all reappointments shall thereafter be for six year terms. 33.064 Powers and Responsibilities (A) The District Board shall have the power to acquire real property and construct facilities for off-street parking of vehicles on lands it owns. The District Board shall generally have the statutory power of a municipal improvement district pursuant to Subtitle 5 Improvement Districts Generally of Tide 14,Local Government of the Arkansas Code. (B) The District Board shall comply with all - responsibilities and restrictions for boards of improvement districts mandated by Subtitle 5, Improvement Districts Generally of Title 14, Local Government of the Arkansas Code. § I Page 1 of 1 Off Street Parking Improvement District No. 1 Board Vacancy Page 5 of 8 14-88-301. Appointment of commissioners. (a) (1) (A) (i) In the ordinance creating a municipal improvement district,the city or town council shall appoint three (3)owners of real property therein as commissioners,who shall compose a board of improvement for the district. (ii) The number of commissioners for any improvement district created under this section may be increased by ordinance of the city or town council from three (3)to five(5)members. (B) (i) (a) Beginning on and after July 1, 1999,in cities of-the first class with a population of between sixty-one thousand five hundred(61,500)and sixty-two thousand(62,000)persons according to the 1990 federal decennial census,the commissioners serving at that time and any board of commissioners of new districts created after that date shall have terns of office of six(6)years and shall serve until their successors are duly selected and qualified. (b) These terms of office shall begin January 1, 2000, for commissioners serving at that time or the January 1 next following the creation of the district. (ii) For the initial terms,the commissioners shall select one (1)of their number to serve for two (2)years, one (1)to serve for four(4)years,and one (1)to serve for six(6)years. (iii) The names and terms so selected shall be certified to the city clerk on or before January 1 of the applicable year. (iv) (a) Before the end of a commissioner's term,the city council shall appoint an owner of real property in the district as a new commissioner. (b) Except for persons having been removed as a commissioner,any person serving or having served as a commissioner may be reappointed,but need not necessarily be reappointed. (2) In cities operating under a commission form of government,the mayor and city commissioners,by virtue of their offices, shall be commissioners of each improvement district and shall compose the board of improvement of each district. (b) The ordinance may be in the following form: "AN ORDINANCE ESTABLISHING IMPROVEMENT DISTRICT NO. . "WHEREAS,parties claiming to be the owners of two-thirds in assessed value of the property located within the territory hereinafter described have filed a petition praying that an improvement district be established for the purpose hereinafter set out. "WHEREAS,after due notice as required by law,the City (or Town) Council of the City(or Town) of has heard all parties desiring to be heard, and has ascertained that said petition was signed by two-thirds in assessed value of the owners of real property within said territory; "NOW, THEREFORE,BE IT ORDAINED by the City(or Town) Council of the City(or Town) of . "Section 1. There is hereby established an improvement district embracing the following property (here describe territory) for the purpose of (here describe the purpose) "Said district shall be known as Improvement District No. ;and ,and are hereby named commissioners,who shall compose the Board of Improvement for said district. "Section 2. This ordinance shall take effect and be in force from and after its passage." Click to view form. History.Acts 1929,No. 64, § 4; 1935,No. 145, § 3; Pope's Dig., § 7283;Acts 1941,No. 7, § l;A.S.A. 1947, § 20- 109;Acts 1999,No. 1505, § 1; 2003,No. 550, § 1. http://170.94.58.9/NXT/gateway.dll/ARCode/title 12200.htm/subtitlel3610.htm/chapterl3720.htm/subcha... 7/24/2008 Page 1 of 1 Off Street Parking Improvement / District No. 1 Board Vacancy Page 6 of 8 14-88-303. Vacancies generally. (a) All vacancies that may occur after a municipal board shall have been organized shall be filled by the city or town council. (b) If all places on the board shall become vacant or those appointed shall refuse or neglect to act,new members shall be appointed by the council,as in the first instance, except that after July 1, 1999, in cities of the first class with a population of between sixty-one thousand five hundred(61,500)and sixty-two thousand(62,000)persons according to the 1990 federal decennial census, new members shall be appointed only for the remainder of the vacant term and no person who is removed as a commissioner shall qualify. History.Acts 1881,No. 84, § 3,p. 161; 1909,No. 81, § 1,p. 224; C. &M. Dig., § 5716; Pope's Dig., § 7356;Acts 1961,No. 70, §§ 1, 2; A.S.A. 1947, § 20-116;Acts 1999,No. 1505, §2. http://170.94.58.9/NXT/gateway.dil/ARCode/titlel2200.htm/subtitle 13610.htm/chapterl3720.htm/subcha... 7/24/2008