HomeMy WebLinkAbout2007-09-18 - 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
September 18, 2007
A meeting of the Fayetteville City Council will be held on September 18, 2007 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
Alderman voted to add Cultural Arts District amendment to the end of the agenda.
Special Recognition
Nominating Committee Report
A. CONSENT:
1. Approval of the August 23, 2007 City Council meeting minutes.
APPROVED.
2. Littler Mendelson, P.C. Contract: A resolution approving a contract with Littler
Mendelson, P.C. to provide employment and labor litigation services.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA FOR
DISCUSSION.
3. Bid #07-60 Truck Centers of Arkansas: A resolution awarding Bid #07-60 to Truck
Centers of Arkansas for the purchase of one (1) tandem axle diesel dump truck in the
amount of$96,314.00 for use by the Water& Sewer Division.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 162-07.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
4. Bid #07-61 Countryside Farm and Lawn Equipment: A resolution awarding Bid#07-
61 to Countryside Farm and Lawn Equipment for the purchase of one (1) two-wheel
drive utility tractor in the amount of $21,657.00 for use by the Parks and Recreation
Division.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 163-07.
5. Bid #07-62 Hertz Equipment Rental: A resolution awarding Bid #07-62 to Hertz
Equipment Rental for the purchase of one (1) self-propelled concrete saw in the amount
of$27,795.00 for use by the Transportation Division.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 164-07.
6. Rescind Resolution #38-07 and Award Bid #07-04 to Hugg & Hall Equipment of
Springdale: A resolution rescinding Resolution #38-07, and awarding Bid #07-04 to
Hugg & Hall Equipment of Springdale for the purchase of one (1) Toyota Fork Lift
Truck in the amount of$29,980.00 for use by the Fleet Rental Pool.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 165-07.
1. Littler Mendelson, P.C. Contract: A resolution approving a contract with Littler
Mendelson, P.C. to provide employment and labor litigation services.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 166-07.
B. UNFINISHED BUSINESS:
1. R-PZD 07-2576 (Woodstock Community): An ordinance establishing a residential
planned zoning district titled R-PZD 07-2576, Woodstock Community, located south of
Wedington Drive from 46th to Broyles Avenue; containing approximately 28.90 acres;
amending the official zoning map of the City of Fayetteville; and adopting the Associated
Master Development Plan. This ordinance was left on the Second Reading at the
September 4, 2007 City Council meeting.
THIS ITEM WAS TABLED TO THE OCTOBER 2, 2007 CITY COUNCIL
MEETING.
2. Amend Chapter 96 Noise Ordinance: An ordinance to Amend §96.05 Motor Vehicle
and Motorcycle Sound limit by adding a new Subsection (E) to prohibit excessive engine
revving. This ordinance was left on the Third Reading at the September 4, 2007 City
Council meeting and Tabled to the September 18, 2007 City Council meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5059.
C. PUBLIC HEARINGS:
1. Raze and Removal at 1989 E. Mission: A resolution ordering the razing and removal
of a dilapidated and unsafe structure owned by The Heights, LLC located at 1989 East
Mission Boulevard in the City of Fayetteville, Arkansas.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 167-07.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
2. Raze and Removal at 1533 S. Duncan: A resolution ordering the razing and removal of
a dilapidated and unsafe structure owned by North American Lighthouse Properties, LLC
located at 1533 South Duncan Avenue in the City of Fayetteville, Arkansas; and
approving a budget adjustment in the amount of$3,000.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 168-07.
D. NEW BUSINESS:
1. R-PZD 07-2649 College Avenue Townhomes: An ordinance establishing a residential
planned zoning district titled R-PZD 07-2649, College Avenue Townhomes, located
southeast of College Avenue and Golden Eagle Drive; containing approximately 2.34
acres; amending the official zoning map of the City of Fayetteville; and adopting the
Associated Master Development Plan.
THIS ITEM WAS LEFT ON THE THIRD READING OF THE ORDINANCE
AND TABLED TO THE OCTOBER 2, 2007 CITY COUNCIL MEETING.
2. R-PZD 07-2680 Arcadian Court: An ordinance establishing a residential planned
zoning district titled R-PZD 07-2680, Arcadian Court, located at 1631 West Deane
Street; containing approximately 1.69 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.
3. VAC 07-2688 Walgreens: An ordinance approving VAC 07-2688 submitted by
Springfield Holding Group, LLC for property located at the northeast corner of 6"' Street
(HWY 62W) and One Mile Road to vacate a utility easement on the subject property.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5060.
4. ADM 07-2725 Southern View 11 Amendments: An ordinance amending a residential
planned zoning district entitled R-PZD 04-01.00, Southern View II, located at Futrall
Drive and Old Farmington Road east of I-540, containing approximately 6.7 acres, to
allow the addition of Use Unit #14, Hotel, Motel and Amusement Facilities as a
permitted use, as described herein.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5061.
5. Amend Chapter 174 Signs: An ordinance repealing and replacing §174.12 Wall Signs
of the Unified Development Code.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5062.
6. Hobson, Inc. Appeal: An appeal of the Planning Commission's decision to deny
rezoning the subject property from R-A, Residential Agricultural to C-2, Thoroughfare
Commercial for approximately 2.38 acres located at 7613 Wedington in west
Fayetteville.
THIS ITEM WAS LEFT ON THE FIRST READING OF THE ORDINANCE.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
7. Amend Cultural Arts District: A resolution to amend the boundaries of the Cultural
Arts District and specify its revised borders.
THIS ITEM WAS ADDED TO THE AGENDA AT THE CITY COUNCIL
MEETING. PASSED AND SHALL BE RECORDED AS RESOLUTION 169-07.
E. INFORMATIONAL:
City Council Tour: September 17,2007
The Council plans on touring:
R-PZD 07-2576 Woodstock
R-PZD 07-2649 College Avenue Townhomes
Meeting adjourned 9:50 p.m.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
City Council Meeting September 18, 2007 ?
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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
September 18, 2007
A meeting of the Fayetteville City Council will be held on September 18, 2007 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
Special Recognition
Nominating Committee Report
A. CONSENT:
1. Approval of the August 23, 2007 City Council meeting minutes.
2. Littler Mendelson, P.C. Contract: A resolution approving a contract with Littler
Mendelson, P.C. to provide employment and labor litigation services.
3. Bid #07-60 Truck Centers of Arkansas: A resolution awarding Bid #07-60 to Truck
Centers of Arkansas for the purchase of one (1) tandem axle diesel dump truck in the
amount of$96,314.00 for use by the Water& Sewer Division.
4. Bid #07-61 Countryside Farm and Lawn Equipment: A resolution awarding Bid#07-
61 to Countryside Farm and Lawn Equipment for the purchase of one (1) two-wheel
drive utility tractor in the amount of $21,657.00 for use by the Parks and Recreation
Division.
5. Bid #07-62 Hertz Equipment Rental: A resolution awarding Bid #07-62 to Hertz
Equipment Rental for the purchase of one (1) self-propelled concrete saw in the amount
of$27,795.00 for use by the Transportation Division.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
6. Rescind Resolution #38-07 and Award Bid #07-04 to Hugg & Hall Equipment of
Springdale: A resolution rescinding Resolution #38-07, and awarding Bid #07-04 to
Hugg & Hall Equipment of Springdale for the purchase of one (1) Toyota Fork Lift
Truck in the amount of$29,980.00 for use by the Fleet Rental Pool.
B. UNFINISHED BUSINESS:
1. R-PZD 07-2576 (Woodstock Community): An ordinance establishing a residential
planned zoning district titled R-PZD 07-2576, Woodstock Community, located south of
Wedington Drive from 46`h to Broyles Avenue; containing approximately 28.90 acres;
amending the official zoning map of the City of Fayetteville; and adopting the Associated
Master Development Plan. This ordinance was left on the Second Reading at the
September 4, 2007 City Council meeting.
2. Amend Chapter 96 Noise Ordinance: An ordinance to Amend §96.05 Motor Vehicle
and Motorcycle Sound limit by adding a new Subsection (E) to prohibit excessive engine
revving. This ordinance was left on the Third Reading at the September 4, 2007 City
Council meeting and Tabled to the September 18, 2007 City Council meeting.
C. PUBLIC HEARINGS:
1. Raze and Removal at 1989 E. Mission: A resolution ordering the razing and removal
of a dilapidated and unsafe structure owned by The Heights, LLC located at 1989 East
Mission Boulevard in the City of Fayetteville, Arkansas.
2. Raze and Removal at 1533 S. Duncan: A resolution ordering the razing and removal of
a dilapidated and unsafe structure owned by North American Lighthouse Properties, LLC
located at 1533 South Duncan Avenue in the City of Fayetteville, Arkansas; and
approving a budget adjustment in the amount of$3,000.00.
D. NEW BUSINESS:
1. R-PZD 07-2649 College Avenue Townhomes: An ordinance establishing a residential
planned zoning district titled R-PZD 07-2649, College Avenue Townhomes, located
southeast of College Avenue and Golden Eagle Drive; containing approximately 2.34
acres; amending the official zoning map of the City of Fayetteville; and adopting the
Associated Master Development Plan.
2. R-PZD 07-2680 Arcadian Court: An ordinance establishing a residential planned
zoning district titled R-PZD 07-2680, Arcadian Court, located at 1631 West Deane
Street; containing approximately 1.69 acres; amending the official zoning map of the City
of Fayetteville; and adopting the Associated Master Development Plan.
3. VAC 07-2688 Walgreens: An ordinance approving VAC 07-2688 submitted by
Springfield Holding Group, LLC for property located at the northeast corner of 6th Street
(HWY 62W) and One Mile Road to vacate a utility easement on the subject property.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
4. ADM 07-2725 Southern View II Amendments: An ordinance amending a residential
planned zoning district entitled R-PZD 04-01.00, Southern View II, located at Futrall
Drive and Old Farmington Road east of I-540, containing approximately 6.7 acres, to
allow the addition of Use Unit #14, Hotel, Motel and Amusement Facilities as a
permitted use, as described herein.
5. Amend Chapter 174 Signs: An ordinance repealing and replacing §174.12 Wall Signs
of the Unified Development Code.
6. Hobson, Inc. Appeal: An appeal of the Planning Commission's decision to deny
rezoning the subject property from R-A, Residential Agricultural to C-2, Thoroughfare
Commercial for approximately 2.38 acres located at 7613 Wedington in west
Fayetteville.
E. INFORMATIONAL:
City Council Tour: September 17, 2007
The Council plans on touring:
R-PZD 07-2576 Woodstock
R-PZD 07-2649 College Avenue Townhomes
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
A.6
Rescind Resolution#38-07 and
City of Fayetteville Aw rd Bid#07-04 to Hugg&Hall
Staff Review Form ' � Equipment of Springdale
Page 1 a 6
City Council Agenda Items
Contracts
Sep. 18, 2007
City Council Meeting Date I
David Bragg Fleet Operations Operations
Submitted By Division Department
Action Required:
A resolution (repealing Resolution#38-07) awarding bid#07-04 to Hugg & Hall Equipment of Springdale in the
amount of$29,980.00 for the purchase of one Forklift truck.
$29,980.00 $ 1,052,969.00 Other Vehicles/Equipment
Cost of this request Category/Project Budget Program Category/Project Name
9700.1920.5802.00 $ 775,637.00 Vehicles and Equipment
Account Number Funds Used to Date Program/Project Category Name
02080.1 $ 277,332.00 F Shop Fund
Project Number Remaining Balance Fund Name
Budgeted Item LJ Budget Adjustment Attached
Previous Ordinance or Resolution#
Department
tDDi ector Date Original Contract Date:
] Original Contract Number:
At q1,1 10
City Attorney Date
Received in Cit Jerk's ffice
-07 EN ` ED
Finance an eternal Service Director Date
Received in Mayor's Office (018180
71
Mayor Da le
Comments:
A.6
FLEET OPERpe e of tion#'gg&31-07 and
r �to Hugg&Hall
q i t of Springdale
1525 S. Happy Hollow Road Page 2of6
Fayetteville, AR 72701
Tavye eviiie
ARKANSAS
Interdepartmental Correspondence
To: Mayor/City Council
Thru: Gary Dumas, Director of Operations
From: David Bragg, Fleet Operations Superintendent Z-9f!!5
Date: September 11, 2007
Subject: Purchase of one Fork Lift Truck from Bid #07-04
RECOMMENDATION: That City Council rescind resolution #38-07 to purchase a Yale fork lift
truck from Yale Material Handling-Gammon, Inc., and approve the purchase of one Toyota fork
lift truck from Hugg & Hall Equipment of Springdale in the amount of$29,980.00
BACKGROUND: At the Council meeting of March 6, the purchase of one Yale fork lift truck was
approved in the amount of$28,800.00 from Yale Material Handling-Gammon, Inc. for
assignment to the fleet rental pool and primarily used by Fleet, Parks, and Transportation
Divisions. Yale was the lowest bidder meeting specifications of Bid #07-04 according to bid form
responses and specification sheets provided. I personally met with a representative of Yale
Material-Gammon to review the bid and specification sheets and was assured that the model
required to meet the specifications would be provided. The forklift was delivered 7/24/2007 and
inspection by Fleet staff revealed that the machine delivered was not as specified and does not
meet bid specifications. Yale has advised that the machine listed in the specification sheets has
yet to be produced and can provide no expected delivery date. Specified delivery deadline was
8/23/2007.
The next lowest bidder, Hugg & Hall has agreed to honor their bid in the amount of$29,980.00
and can provide delivery in 90 days. This bid for a Toyota lift truck meets all specifications.
I recommend purchase of the forklift from Hugg & Hall in the amount of$29,980.00
Funds are budgeted and available in the 2007 CIP budget, Project 02080, Other
Vehicles/Equipment.
This purchase from Yale was approved by the Equipment Committee at their meeting on
February 13, 2007.
A.6
Rescind Resolution#38-07 and
Award Bid#07-04 to Hugg&Hall
Equipment of Springdale
Page 3 of 6
RESOLUTION NO.
A RESOLUTION RESCINDING RESOLUTION #38-07, AND
AWARDING BID #07-04 TO HUGG & HALL EQUIPMENT OF
SPRINGDALE FOR THE PURCHASE OF ONE (1) TOYOTA FORK
LIFT TRUCK IN THE AMOUNT OF $29,980.00 FOR USE BY THE
FLEET RENTAL POOL.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby rescinds Resolution #38-07, and awards Bid #07-04 to Hugg & Hall
Equipment of Springdale for the purchase of one (1) Toyota Fork Lift Truck in
the amount of$29,980.00 for use by the Fleet Rental Pool.
PASSED and APPROVED this 18th day of September,2007.
APPROVED: ATTEST:
By: By:
DAN COODY,Mayor SONDRA SMITH,City Clerk/Treasurer
< ,..: A:6
'd"fZdfuTioii"#38=07`aniT""
Award Bid#07-04 to Hugg&Hall
Equipment of Springdale
Page 4 of 6
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Award Bid#07-04 to Hugg&Hall
Equipment of Springdale
Page 6 of 6 -
D.6
n Hobson, Inc.Appeal
n _ 8! Page 1 of 18
THIS INSTRUMENT PREPARED BY: f
Donald E.Wilson,P.A.
Attorney at Law f /
P.O.Box 1285
Fayetteville,AR 72702-1285
BILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS:
THAT Hobson, Inc., an Arkansas Corporation, holds title to the following
described lands situated in Washington County, Arkansas, to-wit:
A part of the SW ''%, of the SE '14, Section 9, T-16-N, R-31-W described as beginning at a point
S1°17'49"W 39.12 feet from the Northeast corner of said 40 acre tract, said point being on the
South Right-of-Way of Arkansas Highway 16;thence S1°17'49"W 146.88 feet; thence along a
fence S89°10'35"W 61.88 feet; thence NO°40'45" E 148.25 feet, to the said Highway Right-of-
Way; thence along said Right-of-Way S89033'25" E 63.44 feet, to the point of beginning,
containing 0.21 acres, more or less,Washington County, Arkansas. Subject to a 18.00 foot road
easement along the East side thereof.
-and-
A part of the SW '/, of the SE'/, Section 9, T-16-N, R-31-W described as beginning at a point
S1 017'49"W 186.00 feet from the Northeast corner of said 40 acre tract; thence S1°17'49"W
381.00 feet; thence N89032'06"W 250.00 feet;thence N1 017'49" E 373.78 feet; thence along a
fence N88°41'34" E 188.33 feet, N89°10'35" E 61.88 feet, to the point of beginning, containing
2.17 acres, more or less,Washington County, Arkansas. Subject to:An 18.00 foot Road
Easement along the East side thereof.
And having a property street address of 7613 Wedington(12611 Hwy 16W), Fayetteville,
Arkansas.
The Grantor, Hobson, Inc., has filed its application with the City of Fayetteville for
rezoning of the above-described property from R-A, Residential-Agricultural, to C-2,
Thoroughfare Commercial.
As a part of this Bill of Assurance, certain safeguards and restrictions hereinafter
referred to as "Restrictions" are hereby placed on the above-described real property.
RESTRICTIONS
The purpose of these restrictions is to restrict and limit the use of the above-
described real property under a C-2 Zoning classification as set forth in Chapter 161.18,
D.6
Hobson, Inc.Appeal
Page 2 of 18
District C-2, Thorough Commercial, of the Fayetteville Unified Development Code, to
the following permitted uses, as follows:
Unit 12 Offices, studios and related services
Unit 17 Trades and services
Unit 25 Commercial offices
It is the intention of these restrictions to limit the permitted uses as described
above, and to restrict all other uses of the said property.
The hereinabove-described real property shall be used only for the permitted
uses described in Unit 12, Unit 17, and Unit 25 of Chapter 161.18 of the Fayetteville
Unified Development Code.
IN WITNESS WHEREOF, the name of the Grantor is hereunto affixed by its
undersigned representative this day of 2007.
Hobson, Inc.
By:
David Pearce, President
By:
Patricia Pearce, Secretary
D.6
Hobson, Inc.Appeal
Page 3 of 18
ACKNOWLEDGMENT
STATE OF ARKANSAS )
) SS
COUNTY OF WASHINGTON )
On this day of 2007, before me, a Notary Public,
duly commissioned, qualified and acting, within and for said County and State,
appeared David Pearce and Patricia Pearce, who acknowledged themselves to be the
President and Secretary, respectively, of Hobson, Inc., an Arkansas Corporation, and
that they, as such President and Secretary of said corporation, being authorized so to
do, executed the foregoing instrument for and in the name and behalf of said
corporation by signing the name of the corporation by themselves as President and
Secretary, and further stated and acknowledged that they had so signed, executed and
delivered said foregoing instrument for the consideration, uses and purposes therein
mentioned and set forth.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires: Notary Public
(Note: Legal Description is
not scrivener's description)
D.6
Hobson, Inc.Appeal
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Hobson, Inc.Appeal
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Hobson, Inc.Appeal
Page 7 of 18
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