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Home My WebLink About2009-12-15 - Agendas - Final Aldermen Ward 1 Position 1—Adella Gray Mayor Lioneld Jordan Ward 1 Position 2—Brenda Thiel Taye eel e Ward 2 Position 1 —Kyle Cook City Attorney Kit Williams Ward 2 Position 2—Matthee w Petty Ward 3 Position l—Robert K.Rhoads City Clerk Sondra Smith ARKANSAWard 3 Position 2—Robert Ferrell S Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville, Arkansas City Council Meeting December 15, 2009 A meeting of the Fayetteville City Council will be held on December 15, 2009 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Presentations, Reports and Discussion Items: 1. Nominating Committee Report APPROVED A. Consent: 1. Approval of the December 1, 2009 City Council meeting minutes. APPROVED 2. ProfitStars: A resolution awarding RFP # 09-16 and approving a contract with Jack Henry & Associates, Inc. D/B/A ProfitStars in an amount up to $33,240.00 for an electronic check processing system; and amending the 2009 city budget by approving a budget adjustment of$18,240.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 240-09 3. EMC Corporation: A resolution approving a contract with EMC Corporation for the purchase, through the current State Procurement Contract, of an EMC Clariion CX4 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 241-09 4. Fayetteville Police Department Donations: A resolution amending the 2009 city budget to recognize donations to the Fayetteville Police Department in the amount of $1,980.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 242-09 5. U.S. Marshals Service Reimbursement: A resolution amending the 2009 city budget to accept reimbursement of equipment and vehicle fuel expenses from the U.S. Marshals Service in the amount of$22,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 243-09 6. State Forfeiture: A resolution amending the 2009 city budget by approving a budget adjustment to recognize state forfeiture revenue for the third and fourth quarters of 2009 in the amount of$5,199.00 for use by the Fayetteville Police Department. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 244-09 7. Federal Forfeitures: A resolution amending the 2009 city budget by approving a budget adjustment to recognize federal forfeiture revenue for the third and fourth quarters of 2009 in the amount of$4,094.00 for use by the Fayetteville Police Department. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 245-09 8. IRS/Treasury Forfeiture: A resolution amending the 2009 city budget by approving a budget adjustment to recognize U.S. Department of the Treasury/Internal Revenue Service forfeiture revenue for the third and fourth quarters of 2009 in the amount of $36,536.00 for use by the Fayetteville Police Department. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 246-09 9. Environmental Consulting Operations, Inc.: A resolution approving Amendment No. 4 to the engineering contract with Environmental Consulting Operations, Inc. in the amount of $175,200.00 for Wastewater System Improvements Project and wetlands mitigation site stormwater, wetlands and environmental issues, as required by the U.S. Army Corps of Engineers and the Arkansas Department of Environmental Quality. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 247-09 10. Bid # 09-52 United Engines, LLC: A resolution awarding Bid # 09-52 and approving the purchase of seven backup power generators from United Engines, LLC in the amount of$113,954.00 for use at Wastewater Lift Stations; and amending the 2009 city budget by approving a budget adjustment of$113,954.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 248-09 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 11. Bid # 09-65 Seven Valley's Concrete, LLC: A resolution awarding Bid # 09-65 and approving a contract with Seven Valley's Concrete, LLC in the amount of$583,897.00 for the construction of the Broyles Avenue sewer lift station; and approving a project contingency in the amount of$30,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 249-09 12. Bid # 09-68 Jack Tyler Engineering of Arkansas Inc.: A resolution awarding Bid # 09-68 and approving the purchase of a fine band screen with associated controls and accessories from Jack Tyler Engineering of Arkansas, Inc. in the amount of$175,000.00 for use as part of wastewater treatment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 250-09 13. Bid # 09-70 ISCO Teledyne: A resolution awarding Bid # 09-70 and approving the purchase of seventeen sewer flow monitors from ISCO Teledyne in the amount of $138,124.78 for use in the city sewer system. THIS RESOLUTION WAS REMOVED FROM CONSENT & TABLED INDEFINITELY 14. Bid # 09-71 HACH Company: A resolution awarding Bid # 09-71 and approving the purchase of phosphate and ammonia continuous analyzers and other necessary components from HACH Company in the amount of $36,947.84 for use at the Noland Wastewater Treatment Plant. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 251-09 15. Fiber Optic Data Communication Line: A resolution approving budget adjustments to fund installation of a fiber optic data communication line from City Hall to city facilities on South Happy Hollow Road and on to Water and Sewer Operations on Industrial Drive. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 252-09 16. Lake Fayetteville Boat Dock Operator Contract: A resolution approving a Lake Fayetteville Boat Dock operator contract with Dollie Black in the amount of$36,771.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 253-09 17. Arkansas Forestry Commission Grant: A resolution authorizing the Mayor to accept an Urban Forestry Ice Storm Damage Assessment and Restoration Grant in the amount of $81,915.00 from the Arkansas Forestry Commission; and approving a budget adjustment recognizing the grant revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 254-09 18. Stephens, Inc. Contract: A resolution to approve the 2009 annual renewal of the contract with Stephens, Inc. in the amount of $51,950.00 for benefits consulting and insurance brokerage services. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 255-09 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 Agenda Additions: The following item was added to the agenda at the City Council meeting: 1. Environmental Action Committee: An ordinance to amend Article XI Environmental Action Committee of Title III Administration of the Fayetteville Code to increase the membership by two at-large members. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5291 B. Unfinished Business: None C. New Business: 1. CH2M Hill Engineers, Inc.: A resolution to approve an agreement for operations, maintenance and management services of the City's wastewater plants and pump stations with CH2M Hill Engineers Inc. in the amount of $6,858,886.00 plus a contingency of $75,000.00 for services in 2010. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 256-09 2. Northwest Arkansas Economic Development District: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and the Northwest Arkansas Economic Development District in the amount of$53,350.00 to provide public recreation services for the senior citizens of Fayetteville for 2010. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5292 3. Fayetteville Youth Center, Inc.: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and the Fayetteville Youth Center, Inc. in the amount of $205,350.00 to provide public recreation services for the youth and citizens of Fayetteville for 2010. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5293 4. Wayest: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and Wayest in the amount of $47,500.00 to provide replacement bunker gear (coat and pants) to the Fayetteville Fire Department. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5294 5. 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; 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 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 6. Amend Chapter 33: An ordinance to amend Section 33.108 of the Fayetteville Code to provide that Planning Commissioners serve without compensation. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5295 7. ADM 09-3449 (Title XV Development Review): An ordinance amending Title XV: Unified Development Code of the City of Fayetteville to provide more clarity, consistency and predictability in the development review codes and to establish the framework for administrative approval for certain project types. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5296 8. ADM 09-3463 (Amend Chapter 172): An ordinance amending Title XV: Unified Development Code of the City of Fayetteville, to amend Chapters 161: Zoning Regulations and 172: Parking and Loading in order to update and modify existing requirements and regulations that address the parking needs of all forms of transportation, provide additional parking ratios, and to eliminate unnecessary regulation. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5297 9. Amend Chapter 34: An ordinance to amend §34.23 Purchases and Contracts Not In Excess of $20,000.00 of the Fayetteville Code to enact subsection (F) Waiver of the Requirement for Bids. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5298 10. Amend Chapter 50: An ordinance amending a portion of Chapter 50: Garbage and Trash of the Fayetteville Code of Ordinances. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5299 11. Suspend City Clerk/Treasurer Pay Adjustment for 2010: An ordinance to suspend the normal pay adjustment of the City Clerk/Treasurer for 2010. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5300 Announcements: 1. City Council Tour: None Adjournment: 8:50 p.m. NOTICE TO MEMBERS OF THE AUDIENCE 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to spear Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 City Council Meeting: December 15,2009 Adjourn: Subject: Roll Lucas Lewis Gray Thiel Cook Petty Rhoads EFerrell Mayor Jordan q ,o Subject: Nominating Committee Report Motion To: 2 Motion By: bn L Seconded: Lucas ✓ Lewis / Gray ✓ [)„�„e_,(J Thiel ✓ �" �' �"""—� Cook / J Petty ✓ Rhoads ✓ Ferrell ✓ Mayor Jordan �-b City Council Meeting: December 15, 2009 ,6 Subject: Consent 41 l3 Motion To: Motion By: p lG v Seconded: Lucas Lewis 9 Gray f u— ✓� Thiel f3 Cook ✓ eo Petty ✓ Te�e CSP Rhoads �O,A n Ferrell or Jordan z�to-oq - a 55ro9 Subject: I+ P3 6bv\ &,+ Motion To: f-f, ih TC It UU Motion By: Seconded: Lucas Lewis y 1� tui-i 1v Gray y Thiel LDS(,w Cook 6/ !� Petty Rhoads ✓ Ferrell LZ Mayor Jordan F'b City Council Meeting: December 15,2009 Subject: ; (p A kV,,dC F" Motion To: Add lv /� d 10� Motion By: J (J Q�n ked />e Seconded: (Qn Lucas / �/ !/ �✓ Lewis �/ ,/ 1✓ Gray �/ v---- J �✓ Thiel ✓ ✓ Cook ✓ ✓ ✓ Petty r/ ✓ �/ ►�p( ( Rhoads i �/ ✓ Ferrell I.Z .� Mayor Jordan O g b d .d W-O Subject: Motion To: Motion By: Seconded: Lucas Lewis Gray Thiel Cook Petty Rhoads Ferrell Mayor Jordan City Council Meeting: December 15,2009 Subject: CH2M Hill Engineers, Inc. Motion To: fft2, Motion By: Seconded: J Com ' C. 1 Lucas New Lewis +✓ Business Gray Thiel Cook ✓ Petty ✓" Rhoads �n Ferrell Mayor Jordan Subject: Northwest Arkansas Economic Development District Motion To: nLA � f J. Motion By: Gb . Seconded: Cook. iL C 2 Lucas ,/ ✓ V-� New Lewis ,/ LZ Business Gray ✓ Thiel i✓ ,/ Cook ✓ . ,/ P Petty aq a Rhoads ✓ ✓ �/ Ferrell ✓ Mayor Jordan City Council Meeting: December 15,2009 Subject: Fayetteville Youth Center, Inc. Motion To: �y l� AJ aci Motion By: Seconded: C. 3 Lucas ✓ New Lewis Business Gray i/ ✓ / Thiel / Cook ✓ v� Petty �n � LA- Rhoads Ferrell ✓ r/ Mayor Jordan Subject: Wayest Motion To: aA4.) Motion By: ` Seconded: T C. 4 Lucas New Lewis �/ ✓ Business Gray F/ t/ ✓ Thiel ✓ r/ �✓ Cook ✓ ✓ ✓ (Ylnno Q ��bbEt sees ✓ Petty -K{k �D#e ct '✓ Rhoads Ferrell ✓ ✓� Mayor Jordan City Council Meeting: December 15,2009 Subject: R-PZD 09-3439 (Oakbrooke PhaseIII) co Motion To: 0 Motion By: Seconded: C. 5 Lucas f New Lewis Business Gray Al Thiel /v D gf Cook 7 Q Petty N Rhoads Ferrell Mayor Jordan \3 Subject: Amend Chapter 33 Motion To: n r Motion By: Seconded: C. 6 Lucas New Lewis Business Gray Thiel Cook Petty ✓ v " !/ Rhoads J Ferrell Mayor Jordan 9-0 -� City Council Meeting: December 15,2009 Subject: ADM 09-3449 (Title XV Development Review) Motion To: Motion By: Seconded: C 7 Lucas i/ V New Lewis / ✓ t/ Business Gray ✓ ✓ t/ Thiel ✓ Cook / ✓ PPetty ✓ Rhoads w ✓` Ferrell Mayor Jordan Subject: ADM 09-3463 (Amend Chapter 172) Motion To: and JR& Y- d Motion By: V Seconded: P C 8 Lucas y/ New Lewis ✓ 1✓ Business Gray ✓ ✓ Thiel ✓ t✓ ICook �� ✓ �/ Petty aqRhoads Ferrell ✓ ✓ Mayor Jordan City Council Meeting: December 15,2009 Subject: Amend Cha ter 34 Motion To: lndQ A p Motion By: �K d Seconded: C.9 Lucas / ✓ ✓/ New Lewis ✓ `✓ �/ Business Gray ,/ ✓ ✓ Thiel ✓ ✓ Cook ,�- ✓ Petty Rhoads ✓ ✓ Ferrell Mayor Jordan Subject: Amend Chapter 50 Motion To: (ar\a %O—J Motion By: Lk � Seconded: C. 10 Lucas r/ ✓ �/ New Lewis ✓/ ✓ ✓ Business Gray c/ ✓ Thiel ✓ ✓ ✓ �j,Q�,t� Cook ✓ ✓ �✓ e� Petty ✓ ✓ Rhoads ✓ ✓' '� J Ol 1 I Ferrell Mayor Jordan City Council Meeting: December 15,2009 Subject: Suspend City Clerk/Treasurer Pay Adjustment for 2010 Motion To: Motion By: 424 4 n OM Seconded: ce 0� C C. 11 Lucas �/ �/ ✓ New Lewis �/ ✓ �/ Business Gray ✓ ✓ ,/ Thiel ✓ ✓ ✓� Cook �✓ ✓ �/ Petty ✓ �' Rhoads ✓ �/' 62}'� Ferrell 'J IJV Mayor Jordan ? `0 g' Subject: Motion To: Motion By: Seconded: C. 12 Lucas New Lewis Business Gray Thiel Cook Petty Rhoads Ferrell Mayor Jordan FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Lioneld Jordan, Mayor THRU: Sondra Smith, City Clerk FROM: Kit Williams, City AttorneyQ ' DATE: December 16, 2009 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of December 15, 2009 1. Profit Stars: A resolution awarding RFP #09-16 and approving a contract with Jack Henry & Associates, Inc. DB/A/ProfitStars in an amount up to $33,240.00 for an electronic check processing system; and amending the 2009 City Budget by approving a budget adjustment of$18,240.00; 2. EMC Corporation: A resolution approving a contract with EMC Corporation for the purchase, through the current state procurement contract, of an EMC Clariion CX4 Redundant Network Storage System with a three year hardware and software maintenance agreement, in the amount of $196,280.00 and a budget adjustment; 3. Fayetteville Police Department Donations: A resolution amending the 2009 City Budget to recognize donations to the Fayetteville Police Department in the amount of$1,980.00; 4. U.S. Marshals Service Reimbursement: A resolution amending the 2009 City Budget to accept reimbursement of equipment and vehicle fuel expenses form the U.S. Marshals Service in the amount of$22,000.00; 5. State Forfeiture: A resolution amending the 2009 City Budget by approving a budget adjustment to recognize State Forfeiture Revenue for the third and fourth quarters of 2009 in the amount of $5,199.00 for use by the Fayetteville Police Department; 6. Federal Forfeiture: A resolution amending the 2009 City Budget by approving a budget adjustment to recognize Federal Forfeiture Revenue for the third and fourth quarters of 2009 in the amount of $4,094.00 for use by the Fayetteville Police Department; 7. IRS/Treasury Forfeiture: A resolution amending the 2009 City Budget by approving a budget adjustment to recognize U.S. Department of the Treasury/Internal Revenue Service Forfeiture for the third and fourth quarters of 2009 in the amount of$36,536.00 for use by the Fayetteville Police Department; 8. Environmental Consulting Operations, Inc.: A resolution approving Amendment No. 4 to the Engineering Contract with Environmental Consulting Operations, Inc. in the amount of $175,200.00 for Wastewater System Improvements Project and wetlands mitigation site stormwater, wetlands and environmental issues, as required by the U.S. Army Corps of Engineers and the Arkansas Department of Environmental Quality; 9. Bid #09-52 United Engines, LLC: A resolution awarding Bid #09-52 and approving the purchase of seven back-up power generators from United Engines, LLC in the amount of $113,954.00 for use at Wastewater Lift Stations; and amending the 2009 city budget by approving a budget adjustment of$113,954.00; 10. Bid #09-65 Seven Valley's Concrete, LLC: A resolution awarding Bid #09-65 and approving a contract with Seven Valley's Concrete, LLC in the amount of$583,897.00 for the construction of the Broyles Avenue Sewer Lift Stations; and approving a project contingency in the amount of$30,000.00 11. Bid #09-68 Jack Tyler Engineering of Arkansas, Inc.: A resolution awarding Bid #09-68 and approving the purchase of a fine band screen with associated controls and accessories form Jack Tyler Engineering of Arkansas, Inc. in the amount of$175,000.00 for use as part of wastewater treatment; 12. Bid #09-71 HACH Company: A resolution awarding Bid #09-71 and approving the purchase of phosphate and ammonia continuous analyzers and other necessary components from HACH Company in the amount of$36,947.84 for use at the Noland Wastewater Treatment Plant; 2 13. Fiber Optic Data Communication Line: A resolution approving budget adjustments to fund installation of a fiber optic data communication line from City Hall to city facilities on South Happy Hollow Road and on to Water and Sewer Operations on Industrial Drive; 14. Lake Fayetteville Boat Dock Operator Contract: A resolution approving a Lake Fayetteville Boat Dock Operator contract with Dollie Black in the amount of $36,771.00; 15. Arkansas Forestry Commission Grant: A resolution authorizing the Mayor to accept and Urban Forestry Ice Storm Damage Assessment and Restoration Grant in the amount of $81,915.00 from the Arkansas Forestry Commission; and approving a budget adjustment recognizing the grant revenue; 16. Stephens, Inc. Contract: A resolution to approve the 2009 annual renewal of the contract with Stephens, Inc. in the amount of$51,950.00 for benefits consulting and insurance brokerage services; 17. CH2M Hill Engineers, Inc.: A resolution to approve an agreement for operations, maintenance and management services of the City's Wastewater Plants and Pump Stations with CH2M Hill Engineers, Inc. in the amount of$6,858,886.00 plus a contingency of$75,000.00 for services in 2010; 18. NWA Economic Development District: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville and the Northwest Arkansas Economic Development District in the amount of$53,350.00 to provide public recreation services for the senior citizens of Fayetteville for 2010; 19. Fayetteville Youth Center, Inc.: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and the Fayetteville Youth Center, Inc. in the amount of $205,350.00 to provide public recreation services for the youth and citizens of Fayetteville for 2010; 20. Wayest: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville and Wayest in the amount of $47,500.00 to provide replacement bunker gear (coat and pants) to the Fayetteville Fire Department; 3 21. Amend Chapter 33: An ordinance to amend §33.108 of the Fayetteville Code to provide that Planning Commissioners serve without compensation; 22. Amend Chapter 34: An ordinance to amend §34.23 Purchases and Contract Not In Excess of $20,000.00 of the Fayetteville Code to enact subsection (F) Waiver of the Requirement for Bids; 23. Suspend City Clerk/Treasurer Pay Adjustment for 2010: An ordinance to suspend the normal pay adjustment of the City Clerk/Treasurer for 2010; 24. Increase Membership of Environmental Action Committee: An ordinance to amend Article XI Environmental Action Committee of Title III Administration of the Fayetteville Code to increase the membership by two at-large members. 4 City Council Meeting Minutes December I,2009 Page l of 14 Aldermen Ward 1 Position 1—Adella Gray Mayor Lioneld Jordan Ward I Position 2—Brenda Thiel Ci Attorney Kit Williams Taye e 1le Ward 2 Position 1—Kyle B.Cook City Y Ward 2 Position 2—Matthew Petty Ci Clerk Sondra Smith Ward 3 Position l—Robert K.Rhoads Ty ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1—Shirley Lucas Ward 4 Position 2—Sarah E.Lewis City of Fayetteville Arkansas City Council Meeting Minutes December 1, 2009 A meeting of the Fayetteville City Council was held on December 1, 2009 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Alderman Gray, Thiel, Cook, Petty, Rhoads, Ferrell, Lucas, Lewis, Mayor Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Mayor Jordan introduced the Spring International students and welcomed them to Fayetteville. Presentations, Reports and Discussion Items: Third Quarter 2009 Report of Financial Condition of the City—City Clerk City Clerk Sondra Smith presented the reports to the City Council. Consent: Approval of the November 17, 2009 City Council meeting minutes. Approved 2009 Series Bond Issue — Streets & Trails: A resolution adjusting the 2009 city budget to appropriate the proceeds of the 2009 Sales Tax Bond Issue for streets and trails. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 City Council Meeting Minutes December I,2009 Page 2 of 14 Resolution 234-09 as recorded in the office of the City Clerk. Bid # 09-67 Royal Overhead Door Inc.: A resolution awarding Bid 09-67 and approving purchase of three overhead rolling service doors from Royal Overhead Door, Inc. in the amount of $36,507.00 for use at the Noland Wastewater Treatment Plant; approving a $2,500.00 contingency; and approving a budget adjustment of$3,007.00. Resolution 235-09 as recorded in the office of the City Clerk. Alderman Rhoads moved to approve the Consent Agenda as read. Alderman Petty seconded the motion. Upon roll call the motion passed 7-0. Alderman Ferrell was absent. Agenda Additions: Unfinished Business: Old Wire Annexation Appeal: An ordinance annexing that property described in annexation petition ANX 09-3409 (CC2009-4), for property located at 3231 North Old Wire Road, the northwest corner of Old Wire Road and Rom Orchard Road, containing approximately 39 acres. This ordinance was left on the First Reading at the October 6, 2009 City Council meeting. This ordinance was left on the Second Reading at the October 20, 2009 City Council meeting. This ordinance was left on the Third Reading at the November 3, 2009 City Council meeting and Tabled to the November 17, 2009 City Council meeting. This ordinance was left on the Third Reading at the November 17, 2009 City Council meeting and Tabled to the December 1, 2009 City Council meeting. Jeremy Pate, Development Services Director gave a brief description and update on the proposed ordinance. He stated this was recommended for denial by Planning Commission and staff. Captain William Brown referred to a letter he wrote to Jeremy Pate which stated this could cause some confusion for the officers and emergency services regarding the city boundaries and whose jurisdiction it would be. Alderman Ferrell: Would the same scenario apply to other places? Captain William Brown: Yes sir, it could. Alderman Lewis: Can you talk about the response time? Captain William Brown: Anything that is on the perimeter of an area is going to get less extra patrol. The response time should not be affected because we are out and about all over the city. Alderman Thiel: I would like to hear from the applicant or the developer. Then the citizens can respond to that. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 City Council Meeting Minutes December I,2009 Page 3 of 14 Todd Jacobs with Appian gave a brief presentation on the proposed annexation. Alderman Lewis: Why would a developer want to be in the City versus being in the County where there are fewer restrictions? Todd Jacobs: The City will be able to provide utilities to the property. We have a lot more design flexibility than we would in the County. Alderman Thiel: When this went before the Planning Commission and staff do you think that being linked together with a rezoning affected the approval? If this would have just come in as an annexation would it have been denied? Jeremy Pate: At the last Planning Commission they did not consider the rezoning. It was on the agenda but the applicant withdrew that before it was discussed. Alderman Thiel: And there was no consideration that it was all owned by one owner? Jeremy Pate: I don't believe all this property was under one ownership. They have actually brought in one more property owner to make the square that you see. The sliver of property that is adjacent to the western side of the City limits that is considered as part of this parcel and that is the portion that they are discussing about being in the city limits. Alderman Thiel: I am just not very clear on what we have. I guess page 66 of 70 is what you are referring to. Jeremy Pate: Yes that is correct. Todd Jacobs clarified the property boundary lines. Alderman Lewis asked for clarification on what is being annexed. Todd Jacobs showed the area that is being annexed on the map. A discussion followed on which area it was. Colleen Gaston, resident of 32703 Rom Orchard Rd. submitted photographs of the blind curve on Old Wire just before arriving at the property proposed for annexation. She also submitted photographs of subdivisions that are vacant and three letters from residents. She went on to speak in opposition to the ordinance. Alderman Ferrell: I would still like to know which citizens are citizens of the City of Fayetteville. Terry Peyton, resident of Bridgewater which is just inside the City's growth area expressed his concerns and went on to speak in opposition to the ordinance. Alderman Ferrell confirmed that he was in fact a citizen of Fayetteville. He also asked did Dr. Knox develop a portion of his property at one time. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 City Council Meeting Minutes December I,2009 Page 4 of 14 Terry Peyton: I don't think so. I do know they are working with the City to straighten the curve on the extension of Joyce to donate the land at the far northern reaches of her land. Peggy Hart, resident of 521 East Ash spoke on behalf of her parents who live at 3119 Rom Orchard Rd. She expressed their concerns and went on to speak in opposition to the ordinance. Jeff Danjo, resident of 3284 Rom Orchard Rd expressed his concerns and spoke in opposition to the ordinance. Hank Broyles, the developer spoke on previous developments that also have county property on the other side of the road and stated they have worked out well. He also pointed out part of the Knox property that is zoned RSF-12. Alderman Thiel: I see in the packet that it is RSF-12. So it is shown very clearly. Can you remind me about the Bridgewater extension? Hank Broyles: Bridgewater is part of the 20/20 Master Street Plan. In the future when this property is developed whoever develops it will have to put in Bridgewater from Old Wire Road all the way to the western edge of this piece of property. Alderman Thiel: Is that owned by the Knox's? Hank Broyles: The Knox property is all north of our property. They have no property to the west of us. Alderman Thiel: So there is a possibility that someone would want to extend Bridgewater. Hank Broyles: Someone could extend Bridgewater. The property that I have now there is about sixty feet or so that brushes up against the Knox property. Alderman Thiel: Jeremy, when Hank brought up the rezoned area that belongs to the Knox's, do you remember when that was rezoned? Jeremy Pate: I believe it was before my time here but I am not sure when. Alderman Thiel: So they did not do it or you don't know? Jeremy Pate: I don't know. Alderman Thiel: My other question is on that same page 65 of 70 just past Natchez Trace there is the peninsula that sticks out that is zoned R-A. When did that come in and why? Jeremy Pate: It was in a conservation easement. That property and the adjacent property are also in conservation easements that are maintained by Ozark Regional Land Trust as part of the protected area. There are certain residential structures and we have a copy of that in our office. That was brought in maybe in the early 2000's and dedicated as a protected area. Alderman Thiel: It's not in the City it is just green. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 City Council Meeting Minutes December I,2009 Page 5 of 14 Jeremy Pate: No that little sliver is in the City and I believe the intent at the time was to develop it however through those discussions it became a conservation easement and has not been developed. Alderman Thiel: However at one point staff, and Planning Commission and the City Council did approve a peninsula like that. Jeremy Pate: Yes. Alderman Gray: I have a question for Colleen regarding these other subdivisions. Can you give me some distance and also some kinds of houses that are being built there? Colleen Gaston: The subdivision on Skillern which is Crestmont is a single street with 10 lots. It has a stormwater detention pond at the rear of the development that is full of trash. It has been undeveloped for over a year now or possibly longer. All of the subdivisions that I gave you photos of are by road within a mile of the proposed annexed property. Then you go to the subdivision on Crossover which is RPG. Alderman Gray: You don't have any idea how this is zoned and what size houses they planned to put there? Colleen Gaston: I am guessing it is four houses per acre but I don't know how the lots are actually sized. Jeremy Pate: I would anticipate both are zoned for four units per acre. Colleen Gaston: The other lots are further south on Crossover before you get to Township. Hickory Park Subdivision does have some houses but it has more vacant lots than it has houses. Jeremy Pate: Hickory Park is actually a residential planned zoning district and it's roughly four units per acre as well. Alderman Gray: And Lynnwood? Colleen Gaston: That is a subdivision that goes off of Crossover directly and you can maybe see from the photograph how many lots there are. Alderman Gray: It looks like six but we don't have any idea how many acres are there. Colleen Gaston: No, I am sorry. I can say on the peninsula that you asked about Ms. Thiel, my recollection is that when that came before the Planning Division first as an annexation/rezoning that the Planning Division recommended against it because it was creating an island. I think the Planning Commission denied it and it was an appeal to the City Council and they annexed it in but did not rezone it. The actual conservation easement was worked out once it looked like it wasn't going to be rezoned for high density development. The neighbors went together and bought the property and then put it in a conservation easement. Alderman Petty: I think in spite of all the content I have read from the Planning Commission I am going to support it. My principal concern is preserving our agricultural production and the 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 City Council Meeting Minutes December I,2009 Page 6 of 14 potential of this land. I am going to vote for this as a gesture of good faith to say that if the developer will bring forth something that is up to my standards when it comes to urban agriculture I will work very closely with you. If it is anything other than that I can't support any other rezonings. Alderman Lewis: The City has a footprint and you should try not to go out of it. No matter what happens with this property the City has the long term maintenance of whatever utilities go in etc. and that is a cost to the citizens. I am not a proponent of annexation at this point in time. We have a lot of space in Fayetteville that can be developed and that is what we need to be looking at. Alderman Thiel stated I favor annexation when it is this close to town. This is actually going to be developed and we want the structures to be based on our City Codes so I probably will support this. Alderman Rhoads stated I don't know if I have ever voted against an annexation and the reason being is I believe eventually it would be the City's responsibility to take care of those areas anyways. I would rather do it on the front end than on the back. You all will get another chance to come back and your voices will be heard on what is developed out there. I am going to support it as well. Alderman Lewis: If we want to protect our water resources and you are talking about septic tanks then instead of sprawling we need to be working with the County to create regulations at the County level to keep them from using types of septic systems that would affect our water supply. It doesn't seem like the City should sprawl in order to protect our water resources. That is not the correct tool to address that problem. Alderman Thiel: I think we have come a long way in septic systems but the only way to ensure that there is not leakage and run off is if they are on Sewer Systems and the City does not extend sewer into the County. As far as us trying to get the county to regulate construction that is just not our purview. Alderman Lewis: I understand what you are saying. I would just like people to think about that and what tool we are using to address that. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-2. Alderman Lewis and Cook voting no. Ordinance 5287 as Recorded in the office of the City Clerk. New Business: Fayetteville Animal Shelter Donation: A resolution accepting a donation of$25,000.00 to the Fayetteville Animal Shelter from the estate of Kathryn B. Stout, and approving a budget adjustment recognizing the donation. Justine Middleton, Animal Services Superintendent expressed her gratitude for the generous gift. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 City Council Meeting Minutes December I,2009 Page 7 of 14 Alderman Lewis: Thank you Justine for saying that out loud. That was a significant contribution and deserved some recognition. Alderman Lucas: I knew Mrs. Stout and she was a fantastic lady and very generous to many things. The Animal Shelter was very important to her and I think this is wonderful. Alderman Ferrell shared his memories of Mr. Stout. Alderman Thiel moved to approve the resolution. Alderman Ferrell seconded the motion. Upon roll call the resolution passed unanimously. Resolution 236-09 as recorded in the office of the City Clerk. RZN 09-3442 (Kimbrough): An ordinance rezoning that property described in rezoning petition RZN 09-3442, for approximately 0.3 acres, located at 805 West Be] Air Drive from RSF-4, Residential Single-Family, 4 units per acre, to RSF-8, Residential Single-Family, 8 units per acre. City Attorney Kit Williams read the ordinance. Jeremy Pate gave a brief description of the ordinance. Alderman Lewis: Are there any regulations on the design of that as far as the parking lot and how close they can be? Jeremy Pate: There can be a parking lot. It's a single family district so the only use that is allowed is one single family home. It would have one or two parking spaces likely within the driveway or garage. We don't have any architectural design standards for single family homes so there is nothing really that we would have a regulation on. Alderman Lucas: Why did they not go for a lot split? Jeremy Pate: If the zoning is approved they go through with the lot split but as it is currently you could not split the lot out and still have an RSF-4 lot for development. It would have to be zoned RSF-8 or RSF-7. Alderman Lucas asked him to explain again. Jeremy Pate explained why a lot split was not done. Alderman Lucas: Why couldn't you have RSF-4 there? Jeremy Pate: The lot wouldn't be big enough. The RSF-4 zoning district requires an 8,000 square foot minimum lot and the RSF-8 requires 5,000 square feet. This allows them a little more flexibility in terms of providing another single family home. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 City Council Meeting Minutes December I,2009 Page 8 of 14 Alderman Thiel: The fact that it is single family, its meeting affordability, infill, etc. I think it is a good thing. Alderman Thiel moved to suspend the rules and go to the second reading. Alderman Cook seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Cook: In the past there have been arguments about parts of this neighborhood but with this RSF-8 all they could build on this would be another single family house. Jeremy Pate: That's correct. We had the exact same discussion and we have had concerns west and east of Garland. There is not as clear of a dividing line except for this neighborhood. The change of density with RSF-8 is certainly an additional single family unit but it's the same use as any of the neighbors that would be directly adjacent to that. Alderman Petty moved to suspend the rules and go to the third and final reading. Alderman Ferrell seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Lucas: I am not going to support this. This is the neighborhood that fought long and hard for the property across the street from this when they were trying to build the apartments right up against their houses. I just feel it slowly creeps into a neighborhood when you change the rezoning. Alderman Ferrell asked Alderman Lucas to repeat what she just stated. Alderman Lucas re-explained her reasons for not supporting the ordinance. Alderman Lewis: Has the ward representing this heard anything? Alderman Petty: No. Alderman Lewis: Kit, did you put a condition of approval on this zoning stating it can never be changed? City Attorney Kit Williams: No, it wasn't like that. Alderman Lucas: It wasn't that way. It was when the apartments were built and this property was going to be part of that and we refused. The idea in order to get this rezoned was to preserve this. City Attorney Kit Williams: One City Council can not prevent another City Council from rezoning property. It was not a condition like that that could be enforced. Alderman Lucas: Somehow or another they said they were not going to do anything to that lot. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 City Council Meeting Minutes December I,2009 Page 9 of 14 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-2. Alderman Lucas and Cook voting no. Ordinance 5288 as Recorded in the office of the City Clerk. Illinois River Watershed Partnership: An ordinance waiving the requirements of §34.23, of the Fayetteville Code of Ordinances and approving a contract with the Illinois River Watershed Partnership in the amount of$10,000.00 for Watershed Education and Planning Services. City Attorney Kit Williams read the ordinance. Alderman Lewis: I would like to recuse from this. Three years ago they made a donation to my dissertation research and I think I should not vote on this. Chris Brown, City Engineer gave a brief description of the contract. Alderman Thiel moved to suspend the rules and go to the second reading. Alderman Lucas seconded the motion. Upon roll call the motion passed 7-0. Alderman Lewis recused. City Attorney Kit Williams read the ordinance. Alderman Gray moved to suspend the rules and go to the third and final reading. Alderman Ferrell seconded the motion. Upon roll call the motion passed 7-0. Alderman Lewis recused. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman Lewis recused. Ordinance 5289 as Recorded in the office of the City Clerk. ADM 09-3467 Park Centre C-PZD Amendment No. 1: An ordinance amending a commercial planned zoning district entitled C-PZD 08-2894 Park Centre to allow modification to the approved building elevations, as described herein. City Attorney Kit Williams read the ordinance. Jeremy Pate gave a brief description of the ordinance. He stated we are recommending approval. Alderman Thiel: It looks like to me that this is an improvement of what we originally accepted. Alderman Lewis: I mentioned that it looked like a strip mall and I am wondering if there is any way to get them to move their parking lot so that it will be more walkable as opposed to the sheet of parking in front of the building. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 City Council Meeting Minutes December I,2009 Page 10 of 14 Jeremy Pate: They have about five years to obtain their building permits. We expressed our desire for the buildings to either face onto Zion or Vantage Street. The Planning Commission and Council voted to keep the buildings where they are currently. We were able to add additional outdoor eating and retail space along the endcaps of those buildings. The other good thing about this project is the extension of Vantage into the park which will extend the trail system and bike lanes in the park. Alderman Lewis: I am just worried that it will look like Sixth Street near Chick Fil A and I don't want that. Alderman Ferrell: I think you were on the Council when this came the first time and in my opinion there was a lot of give and take. I think they would like to have preservation and a pretty nice area. Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman Lucas seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Ferrell moved to suspend the rules and go to the third and final reading. Alderman Lucas seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Petty: I sympathize with what you are saying Sarah but I am going to vote for it because it is better than what has already been approved. I don't want to change the whole thing. They have five years so we might see someone else come forward and make some of those changes. Alderman Lewis: Is the applicant here? Can you speak to those concerns about the parking? Roger Boskus, Architect for the project stated the concept is pretty simple. The homesteads are fronted along Zion Road so the buildings are occupying where the homesteads were. This basically puts themselves in that proximity which preserves the natural tree line along Zion Road. This allows us to save a nice canopy. Alderman Ferrell: There is an existing log cabin there and they offered the log cabin to the Parks. Alderman Lewis: Did we keep it? Alderman Ferrell: No. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5290 as Recorded in the office of the City Clerk. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 City Council Meeting Minutes December I,2009 Page 11 of 14 Private Parking Lot Agreements: A resolution to express the City Council's support for the City Parking Division to seek leases and agreements to manage private parking lots. Sharon Crosson, Parking and Telecommunications Manager gave a brief description of the resolution. She stated we are asking for the Council's support in going forward with negotiating contracts with private parking lot owners that offer public parking in the Dickson Street Entertainment District. The things we will gain are continuity of enforcement and consistency in the rate structure and the rates would be set within each individual contract. City Attorney Kit Williams: They have to be set by ordinance so we would have to pass an ordinance to our code to set the rates. Sharon Crosson: We will define that more as we get into the negotiating of those. Another thing it would benefit is centralization of customer service and it would also provide enforcement with written citations rather than towing and booting of the vehicles. Lastly it would provide a legal method of litter control and cleaning of those areas. Alderman Thiel: I support this, however would we have to manage our public lots to make this cost effective or can we just do this part of it and consider something different with the public lots? Sharon Crosson: It would depend on the lot and the times they want to enforce it. She went on to explain the staff time constraints. Alderman Thiel: So at this time you have not analyzed it enough to feel like it would pay for it. Mayor Jordan: Here is why we are bringing this forward. These are resolutions of intent before the staff spends hours on something that may not pass this Council I wanted to make sure that the Council was okay with this and then we would take it from there. Don Marr, Chief of Staff stated the Mayor directed us to address the Walton Arts Center's problem which was parking for their patrons. We shared with the Walton Arts Center that we would have to have dialogue with a lot of people to make any agreements. That dialogue evolved as a result of the input that the Mayor received from all those people. I would expect that you will see a plan come back from the staff that is a combination of both public and private and that there will also be public lots that we may look for someone else to manage like the Walton Arts Center so that we can handle and best fit their needs. We look at this as a means of being able to have consistency in the area but that is a policy decision we need your authorization on. Alderman Rhoads: I am supportive of this but that does not necessarily mean I plan on voting for exactly what comes forward. My take is not so much as trying to please various groups as much as keeping our eye on what is best for Fayetteville. This area is one of the crown jewels of Fayetteville and we need to make sure that it gets better and better. Parking can either be an incredible attribute or it can mess it all up. Whatever we do finally vote on will probably be dynamic and potentially meant to be changed. Alderman Petty: There have been more than 50 comments online about parking in the last week and I think everyone needs to know to expound on what Lioneld started with. There are no 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316