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HomeMy WebLinkAbout2010-01-05 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray le Ward 1 Position 2—Brenda Thiel City Attorney Kit Williams j r Ward 2 Position 1 —Kyle B.Cook Ward 2 Position 2—Matthew PettyWardClerk Sondra Smith Ward 3 Position l—Robert K.Rhoads Taye 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 January 05, 2010 A meeting of the Fayetteville City Council will be held on January 05, 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: Presentations, Reports and Discussion Items: 1. Report on the Firemen's and Policemen's Pension and Relief Fund — Mayor Lioneld Jordan. 2. Election of Vice Mayor. BRENDA THIEL WAS ELECTED. 3. Housing Authority Board Appointment. APPROVED A. Consent: 1. Approval of the December 15, 2009 City Council meeting minutes. APPROVED 2. Amend Police Department Policy: A resolution to approve an amendment to Fayetteville Police Department Policy No. 26.1.1. Disciplinary Matters and Procedures. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 01-10 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 3. Community Development Block Grant (CDBG): A resolution authorizing the Mayor to execute the Community Development Block Grant (CDBG) agreement for 2010 when received in the estimated amount of$649,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 02-10 4. McClelland Consulting Engineers, Inc. Amendment #1: A resolution approving Amendment #1 to Task Order #15 with McClelland Consulting Engineers, Inc. for additional right of way plans for the Runway 16 Safety Area Improvement Project in the amount of$3,650.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 03-10 5. Arkansas Western Gas: A resolution approving an agreement with Arkansas Western Gas Company in the amount of$83,000.00 for relocation of gas lines and appurtenances as part of the RSA Runway 16 Improvement Project at the Fayetteville Executive Airport, and approving a $5,000.00 contingency. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 04-10 6. Watson Condemnation Settlement Proposal: A resolution approving a settlement agreement with Aaron H. Watson and Patricia Ann Watson concerning condemnation litigation filed as part of the Mount Comfort Road Widening Project in a total amount of $52,000.00. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. 7. RJR Enterprises, Inc.: A resolution awarding RFP #09-23 and approving a contract with RJR Enterprises, Inc. in the amount of$73,000.00 to construct a playground at Doc Mashburn Park; and approving a project contingency in the amount of$7,300.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 05-10 8. Arkansas Department of Parks and Tourism Grant: A resolution authorizing the Mayor to apply to the Arkansas Department of Parks and Tourism for a general improvement fund grant in the amount of$160,000.00 for improvements to Bryce Davis Park. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 06-10 9. Arkansas Recreation Trails Grant: A resolution approving an agreement of understanding with the Arkansas Highway and Transportation Department for the acceptance of an Arkansas Recreational Trails Grant to utilize $116,534.00 in federal-aid funds for the construction of Oak Ridge Trail; and approving a budget adjustment in the amount of$145,668.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 07-10 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 10. A & P Commission: A resolution to approve an agreement with the Fayetteville Advertising and Promotion Commission to furnish collection and accounting services for the Hotel, Motel, and Restaurant taxes collected for the A & P Commission. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 08-10 Agenda Additions: B. Unfinished Business: 1. R-PZD 09-3439 (Oakbrooke Phase III): An ordinance establishing a residential planned zoning district titled R-PZD 09-3439, Oakbrooke Phase III, located within Oakbrooke Phase I and Oakbrooke Phase II; containing approximately 29 acres; amending the official zoning map of the City of Fayetteville; and adopting the Associated Master Development Plan. This ordinance was left on the First Reading at the December 15, 2009 City Council meeting. THIS ORDINANCE WAS LEFT ON THE SECOND READING. C. New Business: 1. Bid Waiver for Asphalt Materials: An ordinance waiving the requirements of formal competitive bidding during calendar year 2010 for the purchase of asphalt materials for use by the Transportation Division. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5301 2. Watershed Conservation Resource Center: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and the Watershed Conservation Resource Center (WCRC) in the amount of $248,000.00 for a stream restoration project for a section of the West Fork of the White River adjacent to the Fayetteville Executive Airport. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5302 3. Amend Chapters 151 & 172: An ordinance amending Title XV: Unified Development Code of the City of Fayetteville, to amend Chapters 151: Definitions and 172: Parking and Loading in order to establish further parking standards in districts utilized for single family homes. THIS ORDINANCE WAS LEFT ON THE FIRST READING. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 4. Amend 2010 Adopted Budget: A resolution amending the 2010 city budget by re- appropriating up to $76,037,660.00 in bonded or ongoing capital projects, outstanding obligations and grant-funded items previously appropriated in the 2009 city budget but not completed or delivered in 2009. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 09-10 5. Parks HMR Tax Revenues Special Election: An ordinance to amend Ordinance No. 3900 to dedicate and authorize the use of the Parks HMR Tax Revenues for the development, construction and maintenance of city parks, and to refer such ordinance to the electors of Fayetteville at a Special Election to be held on March 9, 2010. THIS ORDINANCE WAS LEFT ON THE FIRST READING. Announcements: 1. City Council Tour: None Adjournment: 9:00 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 cellphones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org City Council Meeting: January 5,2010 Adjourn: 6/ ' o0 10,A1. Subject: Roll Lewis I Gray Thiel Cook Petty Rhoads Ferrell Lucas s/ Mayor Jordan Subject: �e iar� Uice /�� Motion To: ' ` Motion By: 0. Seconded: �/ LVIA Lewis Gray Thiel Cook t� Petty Rhoads q f Ferrell Lucas 401.00 ' Mayor Jordan -0 3 -0 City Council Meeting: January 5,2010 Subject: Motion To: ��6 &,WL Motion By: Seconded: Lewis Gray � Thiel �grJlr Cook Petty � Rhoads Ferrell Lucas Mayor Jordan Subject: Motion To: Motion By: Seconded: Lewis Gray Thiel Cook Petty Rhoads Ferrell Lucas Mayor Jordan City Council Meeting: January 5,2010 Subject: Consent Motion To: fpkG litJGSOE C.�^CQPfNna�f Motion By: Seconded: Lewis Mi z Gray i A Offo"-�Thiel I_^_T Cook W 14. 4:1- Petty 0- ti1ID� OA Rhoads InAeffifw f Ferrell ' Lucas ✓ Mayor Jordan O`6-lo ,p Subject: Motion To: a' Motion By: ! 0 AL Seconded: Lewis i Gray �r Akar Q Thiel ✓' (.t7i if b Cook ✓` �Odc� Petty t� Rhoads Ferrell �O Lucas Mayor Jordan r/ D �� City Council Meeting: January 5, 2010 Subject: irrt� ��p7 R-PZD 09-3439 (Oakbrooke Phase III) Motion To: Wu�" AAd l Etxttte f toy, 4mae it Motion By: A.000A,, Seconded: C B 1 Lewis Unfinished Gray Business Thiel ✓I Cook Petty ✓ �' Al Rhoads �� !/ Al Ferrell Al Lucas Mayor Jordan -o PI-0 :57-3 Subject: R—t Z0 (Oak�rockc f)Kaax nr) Motion To: #'I-to desF 5 Motion By: Seconded: n Lewis V , , Gray Thiel Cook Petty j oads Ferrell Lucas Mayor Jordan 7'� City Council Meeting: January 5,2010 Subject: Bid Waiver for Asphalt Materials Motion To: n r Motion By: Seconded: C. 1 Lewis New Gray Business Thiel Cook Petty Rhoads Ferrell Lucas v B/ w) Mayor Jordan Subject: Watershed Conservation Resource Center Motion To: Motion By: Seconded: E is U-110, C. 2 Lewis New Gray r,/, Business Thiel f ✓r V011, Cook / �' Petty �/' V00, s 011" Rhoads v Ferrell ✓ ✓ �' Lucas r� F' Mayor Jordan g_d ? -0 8'-0 City Council Meeting: January 5,2010 Subject: Amend Chapters 151 & 172 Motion To: Motion By: Seconded: C. 3 Lewis New Gray Business Thiel Cook Petty Rhoads )(RAA.Ferrell Lucas Mayor Jordan Subject: Amend 2010 Adopted Budget Motion To: H Motion By: Seconded: C. 4 Lewis New Gray Business Thiel Cook PSD Petty Rhoads Ferrell Lucas Oq_10 Mayor Jordan City Council Meeting: January 5,2010 Subject: Parks HMR Tax Revenues Special Election Motion To: Ef` Aak -to Shoo Motion By: Seconded: C. 5 Lewis New Gray Business Thiel ✓ Cook /� Pew t JV4 Rhoads �pn j Ferrell Lucas Mayor Jordan S-D Subject: Motion To: Motion By: Seconded: Lewis Gray Thiel Cook Petty Rhoads Ferrell Lucas Mayor Jordan FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY fil DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Lioneld Jordan, Mayor THRU: Sondra Smith, City Clerk r FROM: Kit Williams, City Attorney —�– DATE: January 6, 2010 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of January 6, 2010 1. Police Department Policy Amendment: A resolution to approve an amendment to Fayetteville Police Department Policy No. 26.1.1. Disciplinary matters and procedures. 2. Community Development Block Grant: A resolution authorizing the Mayor to execute the Community Development Block Grant Agreement for 2010 when received in the estimated amount of$649,000.00. 3. McClelland Consulting Engineers, Inc. Amendment #1: A resolution approving Amendment #1 to Task Order #15 with McClelland Consulting Engineers, Inc. for additional right-of-way plans for the Runway 16 Safety Area Improvement Project in the amount of$3,650.00. 4. Arkansas Western Gas: A resolution approving an agreement with Arkansas Western Gas Company in the amount of$83,000.00 for relocation of gas lines and appurtenances as part of the RSA Runway 16 Improvement Project at the Fayetteville Executive Airport, and approving a $5,000.00 contingency. 5. RJR Enterprises, Inc.: A resolution awarding RFT #09-23 and approving a contract with RJR Enterprises, Inc. in the amount of $73,000.00 to construct a playground at Doc Mashburn Park: and approving a project contingency in the amount of$7,300.00. 6. Arkansas Department of Parks & Tourism Grant: A resolution authorizing the mayor to apply to the Arkansas Department of Parks and Tourism for a General Improvement Fund Grant in the amount of $160,000.00 for improvements to Bryce Davis Park. 7. Arkansas Recreation Trails Grant: A resolution approving an agreement of Understanding with the Arkansas Highway and Transportation Department for the acceptance of an Arkansas Recreational Trails Grant to utilize $116,534.00 in Federal-Aid funds for the construction of Oak Ridge Trail; and approving a budget adjustment in the amount of$145,668.00. 8. A & P Commission: A resolution to approve an agreement with the Fayetteville Advertising and Promotion Commission to furnish collection and accounting services for the Hotel, Motel, and Restaurant taxes collected for the A & P Commission. 9. Bid Waiver for Asphalt Materials: An ordinance waiving the requirements of formal competitive bidding during calendar year 2010 for the purchase of asphalt materials for use by the Transportation Division. 10. Watershed Conservation Resource Center: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and the Watershed Conservation Resource Center (WCRC) in the amount of$248,000.00 for a stream restoration project for a section of the West Fork of the White River adjacent to the Fayetteville Executive Airport. 11. Amendment to Adopted 2010 Budget: A resolution amending the 2010 City Budget by reappropriating up to $76,037,660.00 in bonded or ongoing capital projects, outstanding obligations and grant-funded items previously appropriated in the 2009 City Budget but not completed or delivered in 2009. 2 Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray le Ward 1 Position 2—Brenda Thiel City Attorney Kit Williams j r Ward 2 Position 1 —Kyle B.Cook Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Robert K.Rhoads Taye 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 January 05, 2010 A meeting of the Fayetteville City Council will be held on January 05, 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: Presentations, Reports and Discussion Items: 1. Report on the Firemen's and Policemen's Pension and Relief Fund — Mayor Lioneld Jordan. 2. Election of Vice Mayor. 3. Housing Authority Board Appointment. A. Consent: 1. Approval of the December 15, 2009 City Council meeting minutes. 2. Amend Police Department Policy: A resolution to approve an amendment to Fayetteville Police Department Policy No. 26.1.1. Disciplinary Matters and Procedures. 3. Community Development Block Grant (CDBG): A resolution authorizing the Mayor to execute the Community Development Block Grant (CDBG) agreement for 2010 when received in the estimated amount of$649,000.00. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 4. McClelland Consulting Engineers, Inc. Amendment #1: A resolution approving Amendment #1 to Task Order #15 with McClelland Consulting Engineers, Inc. for additional right of way plans for the Runway 16 Safety Area Improvement Project in the amount of$3,650.00. 5. Arkansas Western Gas: A resolution approving an agreement with Arkansas Western Gas Company in the amount of$83,000.00 for relocation of gas lines and appurtenances as part of the RSA Runway 16 Improvement Project at the Fayetteville Executive Airport, and approving a $5,000.00 contingency. 6. Watson Condemnation Settlement Proposal: A resolution approving a settlement agreement with Aaron H. Watson and Patricia Ann Watson concerning condemnation litigation filed as part of the Mount Comfort Road Widening Project in a total amount of $52,000.00. 7. RJR Enterprises, Inc.: A resolution awarding RFP #09-23 and approving a contract with RJR Enterprises, Inc. in the amount of$73,000.00 to construct a playground at Doc Mashburn Park; and approving a project contingency in the amount of$7,300.00. 8. Arkansas Department of Parks and Tourism Grant: A resolution authorizing the Mayor to apply to the Arkansas Department of Parks and Tourism for a general improvement fund grant in the amount of$160,000.00 for improvements to Bryce Davis Park. 9. Arkansas Recreation Trails Grant: A resolution approving an agreement of understanding with the Arkansas Highway and Transportation Department for the acceptance of an Arkansas Recreational Trails Grant to utilize $116,534.00 in federal-aid funds for the construction of Oak Ridge Trail; and approving a budget adjustment in the amount of$145,668.00. 10. A & P Commission: A resolution to approve an agreement with the Fayetteville Advertising and Promotion Commission to furnish collection and accounting services for the Hotel, Motel, and Restaurant taxes collected for the A & P Commission. Agenda Additions: B. Unfinished Business: 1. R-PZD 09-3439 (Oakbrooke Phase III): An ordinance establishing a residential planned zoning district titled R-PZD 09-3439, Oakbrooke Phase III, located within Oakbrooke Phase I and Oakbrooke Phase II; containing approximately 29 acres; amending the official zoning map of the City of Fayetteville; and adopting the Associated Master Development Plan. This ordinance was left on the First Reading at the December 15, 2009 City Council meeting. Left on the First Reading. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org C. New Business: 1. Bid Waiver for Asphalt Materials: An ordinance waiving the requirements of formal competitive bidding during calendar year 2010 for the purchase of asphalt materials for use by the Transportation Division. 2. Watershed Conservation Resource Center: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and the Watershed Conservation Resource Center (WCRC) in the amount of $248,000.00 for a stream restoration project for a section of the West Fork of the White River adjacent to the Fayetteville Executive Airport. 3. Amend Chapters 151 & 172: An ordinance amending Title XV: Unified Development Code of the City of Fayetteville, to amend Chapters 151: Definitions and 172: Parking and Loading in order to establish further parking standards in districts utilized for single family homes. 4. Amend 2010 Adopted Budget: A resolution amending the 2010 city budget by re- appropriating up to $76,037,660.00 in bonded or ongoing capital projects, outstanding obligations and grant-funded items previously appropriated in the 2009 city budget but not completed or delivered in 2009. 5. Parks HMR Tax Revenues Special Election: An ordinance to amend Ordinance No. 3900 to dedicate and authorize the use of the Parks HMR Tax Revenues for the development, construction and maintenance of city parks, and to refer such ordinance to the electors of Fayetteville at a Special Election to be held on March 9, 2010. Announcements: 1. City Council Tour: None 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. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org Housing Authority Appointment Page 1 of 2 FAYETTEVILLE HOUSING AUTHORITY #1 North School Ave. Fayetteville, AR 72701-5928 PH: (479) 521-3850 FAX: (479) 442-6771 E-MAIL: fayettevillehagmore tg i.net December 29th, 2009 Mayor Lioneld Jordan & Fayetteville City Council Members City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 Dear Mayor Lioneld Jordan & Fayetteville City Council Members: This letter is to confirm that the Fayetteville Housing Authority's Board has elected a new commissioner at its December 17th, 2009, Regular Board Meeting. The new Commissioner for the Fayetteville Housing Authority Board is Olivia"Lib"Horn. She was appointed to serve a five year term from December 28, 2009 to December 28, 2014. The Fayetteville Housing Authority Board requests that this newly elected commissioner(Olivia "Lib" Horn) be placed on the next City Council Meeting Agenda to be formally confirmed by the municipality's governing body in accordance with the Arkansas State Statue #14-169-208. If you have any questions, please feel free to call or e-mail. Sincerely yours, Fredia Sawin Executive Director fs Housing Authority Appointment Page 2 of 2 Q�7tjL�ceCL Ste^""„” 00 ` B. 1 R-PZD 09-3439 (Oakbrooke Phase III) Page 1 of 6 PLANNING COMMISSION RECOMMENDED CONDITIONS REVISED BY STAFF JANUARY 5, 2010 CITY COUNCIL R-PZD 09-3439 Page 1 of 4 *Highlighted conditions have been revised since the first reading by the City Council on December 15, 2009. Conditions of Approval for R-PZD 09-3439 (Oakbrooke Phase Ill) 1. City Council determination of zoning criteria: building area. The Planning Commission voted to allow a maximum buildable area of 65%for Planning Areas 1 and 3, and 70%for Planning Areas 2 and 4. 2. City Council determination of the applicant's request to allow monument signs and wall signs in Planning Area 5 subject to commercial zoning district regulations,which permits up to a 75 sq. 11. monument sign and a 150 sq. ft. wall sign per business per wall. Projecting signs shall be permitted in accordance with Chapter 174.11. The Planning Commission voted to«llowsiAtutge as proposed by the applicant. 3. Use Unit 24, Home Occupations,shall not be permitted as a use by right,but may be permitted as a conditional use in any planning area, subject to Planning Commission approval. 4. Use Unit 41,Accessory Dwellings Units. Accessory dwelling units may only be permitted on lots containing at least 5,000 sq. it. and are subject to the standards of Chapter 164.19. 5. PA-2. The following design requirements shall be required for Planning Area 2 in addition to the architectural standards presented in the project booklet: a. All units shall be detached single-family dwellings. b. Maximum height shall be 32'. c. As shown on the conceptual site plan, all units shall have a primary entry consisting of a porch,patio or other clearly delineated entry feature oriented to the common open space, or walkway connecting to the common open space. Entry features shall have minimum dimensions of 6'x 6'. d. The common open space shall be provided generally as shown, with dimensions of approximately 130' x 130'. e. The development shall include a variety ol'building styles,features,colors and site design elements.The same front fagade shall not be permitted more than three times and may not be used a4jacent to one another. f. At least 300 sq, ft. of private,contiguous open space adjacent to each dwelling unit shall be provided with a minimum dimension of 10'. g. No fence shall exceed three feet in height except where the fence is located at least 10' from the front fagade of the house. 6. PA-3. A minimum of forty-two(42)detached single-family dwellings and a maximum of thirty- four(34)two-family and three-family townhouses may be permitted in Planning Area 3.Twenty one(2 1)of the attached units shall be permitted on Lots 53-60,82-89 and 99-103.The remaining thirteen(13) attached units may be located throughout PA-3, but an attached dwelling shall be separated from another attached dwelling by a minimum of two single-family detached dwellings. 'i i I B. 1 R-PZD 09-3439 (Oakbrooke Phase III) PLANNING COMMISSION RECOMMENDED CONDITIONS Page 2 of 6 REVISED BY STAFF JANUARY 5, 2010 CITY COUNCIL R-PZD 09-3439 Page 2 of 4 7. PA-4. Only detached single-family dwelling units shall be permitted on Lori 11-21 and 33-37. Attached housing, in a townhouse form, shall be restricted to Lots 22-26 and 29-32. 8. PA-5. The minimum buildable street frontage along Rupple Rd, shall be increased to 40°/. 9. Street improvements.All interior streets have been constructed;however,street improvements,or payment in-lieu of improvements along Rupple Road shall include those determined necessary by the Planning Commission,based upon the actual development proposed.All alleys and common driveways serving more than two dwelling units shall be constructed in compliance with the City's street design standards. 10. The applicant shall dedicate additional right-of-way for Rupple Road and right-of wary for all public alleys at the time of final plat, or large scale development approval 11, This project is required to obtain all construction and building permits and complete construction of each phase in accordance with the phasing table listed in the project booklet. A one-year extension may be approved for each phase, subject to the criteria in UDC Chaptcr 166 (ifr extensions. 12. All sidewalks not previously installed shall be constructed in conformance with current City street standards unless otherwise varied by the Planning Commission. 13. All alley widths are subject to approval by the Fayetteville Fire and Solid Waste Divisions and adopted Street Design Standards. Alley construction will be reviewed at the time of(levelopment. A minimum of 20' clear of any structure f fence, building, wall, etc.) shall be provided along all alleys utilizing residential trash service to provided adequate roma for it trash truck and arm to pick up residential wash carts. 14. All curb-cuts, including driveways,alleys,etc,shall be constructed in compliance with the Access Management Standards. Individual driveway widths shall be determined by Chapter 172.1 l(H). 15. Vehicles accessing parking spaces and garages offof an alley,or other access point,shall provide sufficient space for a 90-degree turning movement. This typically requires 24'; however, staff will evaluate access at the time of development. 16. Screening between residential and nonresidential developments shall be reviewed at the time of development. 17. A minimum of 5'of greenspace shall be required between all parking lots and adjoining property lines. 18. All common property shall be owned and maintained by the Property Owners Association. Development of these properties shall be limited to acecssory type uses, such as gazebos, benches,mail kiosks,picnic tables,sidewalks,gardens,landscaping,etc.,subject to approval by the City Planning Division. B. 1 R-PZD 09-3439 (Oakbrooke Phase III) Page 3 of 6 PLANNING COMMISSION RECOMMENDED CONDITIONS REVISED BY STAFF JANUARY 5, 2010 CITY COUNCIL R-PZD 09-3439 Page 3 of 4 19. Parks fees shall be determined at the time of development review. Fees shall be due prior to signing the final plat or building permit approval, depending on the development proposal. 20. No portion of any structure(i.e.,porches,overhangs,etc.)shall encroach into building setbacks or utility easements. 21. Buildings shall be constructed to be consistent with the elevations and concepts depicted in the building elevations in the booklet as specified. Additionally,the development shall be held to the "architectural controls"described in the project booklet. Building elevations will be reviewed at the time of building permit. All homes shall be designed with a "front fagadc" facing onto adjacent public streets,when present. All non-residential buildings or mixed use buildings shall adhere to Conunercial Design Standards. All multi-family buildings shall adhere to Urban Residential Design Standards. 22, The Master Development Plan,Statement of Commitments and Architectural Standards submitted by the applicant shall be considered binding and tied to the zoning of the property. Conditions of approval as noted herein and other requirements placed upon the project with review of the Master Development Plan— Planned Zoning District by the City Council shall also be binding. G i 23. The following revisions shall he made to the fiord booklets and plats: j a. Plats. Page 3. Complete land use table. b. Plats. Page 3.The use table needs to include a subtotal of all planning areas.Additionally, the table needs to correctly list the uses for each planning area and the correct number of lots. c. The note in PA-3 stating"no more than 5 units attached"shall be removed.This planning � area is limited to single-family dwellings and two and three-family townhouses. d. Update PA-3 to rellect City Cotmcil determination. Urban Forester Conditions of Approval: 24. Street trees are required to be planted every 30', except for single-family lots where one tree is required per lot. All trees shall be 2-inch large species. 25. Prior to signing the final plat, a written description of the nnethod(s) and time frame the project will utilize to track development of each single-family lot to ensue the required trees arc planted and their longevity of health assured, shall be submitted. 26. A 3-year bond, letter of credit, or check shall be required for all trees planted before signing the final plat, or approving a building permit for a large scale development, A three-year maintenance bond, letter of credit, or check shall be required prior to approval of a final Certificate of Occupancy. 27. Tree canopy required to be preserved shall be placed within a"free Preservation Easement and dedicated by final plat or casement plat. 28. Before construction plan approval, the landscape plan must be stamped by a licensed landscape architect with the state of Arkansas. ,f B. 1 R-PZD 09-3439 (Oakbrooke Phase III) Page 4 of 6 PLANNING COMMISSION RECOMMENDED CONDITIONS REVISED BY STAFF JANUARY 5, 2010 CITY COUNCIL R-PZD 09-3439 Page 4 of 4 Standard Conditions of Approval; 29. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative,and all comments from utility representatives-AR Western Gas, SWBT, Ozarks, SWGPCO, Cox Communications). 30. Impact fees for water, sewer, police and fire shall be paid in accordance with City ordinance. 31. Signs indicating the future extension of right-of--way shall be posted at the end of all street stub- outs prior to signing the final plat. 32. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s)and tree preservation. The information submitted for the plat review process was reviewed (' for general concept only. All public improvements are subject to additional review and approval All improvements shall comply with City's current requirements. 33. All overhead electric lines 12kv and under shall be relocated underground. All proposed utilities shall be located underground. i 34. Street lights shall be installed adjacent to all public and private streets (not alleys), with a separation of no greater than 300 feet. 35. All exterior lighting 1s required to comply with the City's lighting ordinance. A libhtingplan and cut-sheets of the proposed exterior light fixtures shall be required to be approved by Planning Staff prior to building permit, Only ane-family and two-family units are exempt from this ordinance. 36. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. An on-site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance. C. Separate easement plat for this project that shall include the tree preservation , area. d. Project Disk with all final revisions e. Completion of all required improvements or the placement of a surety with the City(letter of credit,bond,escrow)as required by Section 158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety Must be completed, notjust guaranteed, prior to the issuance of a Certificate of Occupancy. i I i B. 1 R-PZD 09-3439 - - - — -.,-° ---- (Oakbrooke Phase III) y P ge5of6 Q a�_'Q IIIA n11 i1L 11 ilii III 111) I --- `, I IfflHi111 1 Ilill lull Illi ll)I I -0I �� I P1 A 1 0 m 1,1almu' 111 i L 16l1 iZaiItl II iul!III Illi rl' I `ll z A e�' • i� I3Ae1@ III m 111 111 I n � 9 v II1 m11 f IIIIIIIIIII -0IIII I� ap �IAI 111111 IU II 11 \ OA� I 1{I Illli iililll -0I I �I It I I � 111 ,11I�I III�Ii•-0I{I�il � II I f l ,� . l {I il� ► n I q , r R i \ JI v Oa OI I R A C,�.j PFJ L__ _ / / R`I 4-1 11 cz no V O - I 1� N RY.I 10111! YA ' s p C 1 % A11 I� Nwl,wt M r � • 4 ' ;' %' • � I� , i R ••• . � `-'� ' A :\ / I • 191 r Q \ 'J A • 1 1 ` / 1 __ , / 1 1 j 11 11 I I 1 I I I I I I I I I ♦ 11 II I \1 o .--- ' 11 11 1 II II 11 11 II , II 11 11 11 11 - --' I , ,,, •� ��t LL— B. 1 R-PZD 09-3439 (Oakbrooke Phase III) Page 6 of 6 C.3 ALDERMAN AGENDA REQUEST FORM Amend Chapters 151 & 172 Page 1 of 2 FOR: COUNCIL MEETING OF January 05, 2010 FROM: Shirley Lucas, Sarah Lewis ORDINANCE OR RESOLUTION TITLE AND SUBJECT: ADM 09-3493: (UDC AMENDMENT CH. 172.11 PARKING): An ordinance to amend Unified Development Code Ch. 172.11, Driveway and Parking Standards for Four or Less Parking Spaces, in an effort to reduce excess and haphazard parking in yards, ensure compatible land uses and reduce over-occupancy of homes in single family districts. APPROVED FOR AGENDA: 11&\� ` '&� ,�k--a- 0� Council Memb r Shirley Lucas Date �l C ncil Member Sarah Lewis ate Prepared by: C177� Jeremy ate Date Director of Development Services C.3 Amend Chapters 151 & 172 Page 2 of 2 City of Fayetteville Staff Review Form C.4 Amend 2010 Adopted Budget City Council Agenda Items Page 1 of 4 and Contracts, Leases or Agreements 1/5/2010 City Council Meeting Date Agenda Items Only Kevin Springer Budget&Research Finance& Internal Services Submitted By Division Department Action Required: A resolution to amend the 2010 Adopted Budget by reappropriating $76,037,660 in bonded or on-going capital projects and outstanding obligations and grant funded items. 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 F_77 Budget Adjustment Attached +..,A Q 1.1-Ig- j Previous Ordinance or Resolution# Depart ire or Date --t1 Original Contract Date: Original Contract Number: Ci)p6Mey U Date `kA q _ 1�• 7"-2xg Finance and Internal Services Director Date Received in City Clerk's Office Chief of Date Received in Mayors Office Mayor L, Date Comments: Revised January 15,2009 C.4 Amend 2010 Adopted Budget Page 2 of 4 aye ��� THE CITY OFFAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO TO: Mayor Jordan and City Council THRU: Don Marr, Chief of Staff Paul A. Becker, Director of Finance FROM: Kevin Springer, Budget Directp� DATE: December 18, 2009 SUBJECT: 2009 Budget Re appropriation Request PROPOSAL: A resolution to amend the 2010 Adopted Budget by reappropriating $76,037,660 in bonded or on-going capital projects and outstanding obligations and grant funded items. BACKGROUND/RECOMMENDATION: Budget appropriations for 2009 expired December 31, 2009. Equipment and supplies or services must have been received by December 31 in order to be charged to the 2009 Budget. Some departments have items or services that were budgeted in 2009 but were not delivered or complete by year-end. In these cases,unspent amounts for those projects and items need to be re appropriated, since they were not included in the 2010 Budget. In the case of capital improvement projects, unspent funds are added to any amounts appropriated in the 2010 Budget. Because of the need for project continuation, staff recommends approval of the attached reappropriation budget request at the January 5, 2010 City Council meeting. In addition, staff is recommending approval of any changes to this request that may arise due to finalizing the 2009 year end which would result in a decrease in the total authorized budget. City Council is requested to amend the 2010 Adopted Budget by re-authorizing up to $76,037,660 for purchase commitments and capital improvements as follows: C.4 THE CITY OF FAYETTMi'WWRIMISMBudget Obligated Unobligated Total Bonded Capital Projects $ 9,422,369 $ 30,187,731 $ 39,610,100 Outstanding Operational Obligations 207,990 - 207,990 Grant/Donations/Reimbursements 400,241 2,846,678 3,246,919 Capital Projects 6,892,879 26,079,772 32,972,651 Total Reappropriations $ 16,923,479 $ 59,114,181 $ 76,037,660 A finalized listing of the capital project reappropriations will be submitted to City Council as an informational item during the First Quarter of 2010. Please find attached a schedule of capital projects by Improvement Type which were included in the 2009 Budget but did not incur a financial obligation during the 2009 fiscal year. The 2009 estimated unreserved fund balance/retained earnings for the respective funds reflected the cost of the requested reappropriation. These re-budgeted items, therefore, do not impact the estimated fund balance amounts which were forecasted in the 2010 budget. The re-authorization of prior year's appropriated projects and items are normal budget operating procedures and are generally for one-time expenses. Approval of this request will allow the 2010 Budget to be increased to reflect the attached information. Several of the requested re- authorizations include revenue offset in the form of grant revenues. Total requested re-budgets for all funds are reflected in the following worksheet. These amounts will require City Council action. For your information, a summary by Funding Source and Improvement Type is included following this memo. The reappropriation amounts are broken out into two separate categories: • Obli ag ted: These items have Contracts/Purchase Orders already issued on them during 2009 and the City will not receive the item and/or service until 2010. • Unobli ag ted: These items did not have any Contracts/Purchase Orders issued on them as of 2009. BUDGETIMPACT: The estimated fund balance for the 2010 budget was based on the assumption that these 2009 funds would be reappropriated. The funds do not increase the use of operating reserves and this request simply retains project funding for identified and scheduled capital improvements for the current fiscal year. If you have any questions concerning the attachment or the procedure, please feel free to contact either Paul A. Becker(575-8330) or Kevin Springer(575-8226). Thank you for your attention to this request.