HomeMy WebLinkAbout2007-04-03 - 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
Ward 3 Position l—Robert K.Rhoads
City Clerk Sondra Smith Taye evi e Ward 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
April 3, 2007
A meeting of the Fayetteville City Council will be held on April 3, 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
Louise Schaper-- USGBC LEED Silver certification for Blair Library presentation
A. CONSENT:
1. Approval of the March 6, 2007 City Council meeting minutes.
APPROVED.
2. Park Land Dedication Fund Project: A resolution approving budget adjustments in the
amount of$19,500.00 from the Southeast Park District to build an ADA accessible trail
in Mt. Sequoyah Woods, and $4,100.00 from the Southwest Park District to install stone
pavers at the Wilson Park Castle.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 53-07.
3. Multi-Craft Contractors, Inc. Airworks Division Bid # 07-25: A resolution awarding
Bid #07-25 and approving a contract with Airworks Division of Multi-Craft Contractors,
Inc. in the amount of $51,559.09 for the renovation and replacement of the HVAC
system in the Central Dispatch Center; approving a project contingency in the amount of
$4,850.00; and approving a budget adjustment in the amount of$56,409.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 54-07.
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4. Waste Management of Arkansas, Inc: A resolution authorizing the Mayor to execute a
contract with Waste Management of Arkansas to haul and dispose of solid waste within
the city limits of Fayetteville.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 55-07.
5. Ozark Sanitation, Inc: A resolution authorizing the Mayor to execute a contract with
Ozark Sanitation, Inc. to haul and dispose of solid waste within the city limits of
Fayetteville.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 56-07.
6. Compensation and Classification Phase III: A resolution approving a contract with
HR Factor in the amount of$46,885.00 to complete Phase III of the Compensation and
Classification System Project; and approving a contingency not to exceed $1,000.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 57-07.
7. Arkansas Historic Preservation Grant: A resolution authorizing the Long Range
Planning Division to apply for and accept a 2007-2008 Certified Local Government
Grant in the amount of$7,313.00 to fund travel and training for the Fayetteville Historic
District Commission and approving a budget adjustment recognizing the grant revenue.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 58-07.
8. Safe Neighborhood Heroes Grant: A resolution authorizing the Fayetteville Fire
Department to apply for and accept a Sam's Club "Safe Neighborhood Heroes" Grant in
an amount not to exceed $1,500.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 59-07.
9. Fayetteville Arts Council Establishment: A resolution creating the Fayetteville Arts
Council and establishing the bylaws, rules and procedures to govern such council.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 60-07.
B. UNFINISHED BUSINESS:
1. Mayor's veto: A discussion of the mayor's veto of Planning Commission nominee.
CITY COUNCIL VOTED TO ADD TO AGENDA.
2. Planning Commission Appointment: Discuss appointment to Planning Commission.
THE CITY COUNCIL APPOINTED MATTHEW CABE.
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3. ANX 06-2288 (Broyles): An ordinance annexing that property described in annexation
petition ANX 06-2288, located at 3601, 3611, and 3677 Weir Road, containing
approximately 10.61 acres. This ordinance was left on the Second Reading at the
March 20, 2007 City Council meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4996.
4. R-PZD 06-2281 (Holcomb Heights): An ordinance establishing a residential planned
zoning district titled R-PZD 06-2281, Holcomb Heights, located at the southwest corner
of Weir and Salem Roads, north of Salem Meadows Subdivision: containing
approximately 13.47 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 March 20, 2007 City Council meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4997.
5. ADM 07-2477 (BioBased): A resolution to approve a change in the building elevations
and materials previously approved by the City Council as required in its contract with
BioBased Realty, LLC. This resolution was Tabled at the March 20, 2007 City
Council meeting to the April 3, 2007 City Council meeting.
THIS ITEM WAS TABLED TO THE APRIL 17, 2007 CITY COUNCIL
MEETING.
6. Amend Chapter 92 — Animal Ordinance: An ordinance amending Chapter 92,
Animals, Code of Fayetteville, to improve the treatment of animals and ensure the safety
of the citizens of Fayetteville. This ordinance was left on the First Reading at the
March 20, 2007 City Council meeting.
THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE.
C. PUBLIC HEARING:
1. Public Hearing for Monthly Sewer Rate Ordinance.
NO ACTION TAKEN ON THIS ITEM.
D. UNFINISHED BUSINESS
1. Amend Chapter 51 — Sewer Volume Based Rates: An ordinance amending Chapter
51, Water and Sewers, of the Code of Fayetteville, to adjust monthly sewer rates. This
ordinance was left on the First Reading at the March 20, 2007 City Council meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4998.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
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NEW BUSINESS:
1. Fayetteville and Farmington Wastewater Service Contract: A resolution approving a
contract between the City of Fayetteville, Arkansas and the City of Farmington, Arkansas
to provide wastewater collection and treatment system service and operations and
maintenance service to the City of Farmington; and approving a budget adjustment in the
amount of$650,000.00 to implement the refund of a portion of rate payments made from
February 9, 2004 through April 30, 2007.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 61-07.
2. ADM 07-2532 (Bungalows at Cato Springs PZD Modification): An ordinance
amending a Residential Planned Zoning District entitled R-PZD 05-1797, Bungalows at
Cato Springs, located on the north side of Cato Springs Road and west of Cline Avenue,
containing approximately 5.52 acres, more or less, to reflect revised planning area
boundaries and site layout as described and depicted herein.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4999.
3. Amend Chapter 152, Administration: An ordinance repealing and replacing Chapter
152, Administration, of the Unified Development Code to designate and clarify the
administration, interpretation and enforcement authority of various sections of the UDC.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5000.
4. Amend Chapter 177, Landscape Regulations: An ordinance amending Chapter 177,
Landscape Regulations, of the Unified Development Code to require minimum eight-foot
wide sidewalks when utilized in conjunction with Urban Tree Wells.
THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE.
5. CAJ, LLC Cost-Share Agreement: An ordinance waiving the requirements of formal
competitive bidding and approving a cost-share agreement with CAJ, LLC in the amount
of $42,470.00 for the upsizing of approximately 1520' of 8" water main to 12" water
main.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5001.
6. City Council's Support of Road Impact Fees: A resolution to express the City
Council's support of road impact fees and to encourage citizens to vote for the road
impact fees on April 10, 2007.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 62-07.
E. INFORMATIONAL:
City Council Tour: April 2, 2007—BioBased Offices—Joyce Street
Meeting adjourned at 9:05 p.m.
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City Council Meeting April 3, 200'1
Subject:
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Mayor Coody
City Council Meeting April 3, 2007
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City Council Meeting April 3, 2007
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City Council Meeting April 3, 2007
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Mayor Coody
Aldermen
Ward 1 Position 1—Adella Gray
Mayor Dan Coody Ward 1 Position 2—Brenda Thiel
Ward 2 Position 1 —Kyle B.Cook
City Attorney Kit Williams Ward 2 Position 2—Nancy Allen
Ward 3 Position l—Robert K.Rhoads
City Clerk Sondra Smith Taye evi e Ward 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
April 3, 2007
A meeting of the Fayetteville City Council will be held on April 3, 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
Louise Schaper-- USGBC LEED Silver certification for Blair Library presentation
A. CONSENT:
1. Approval of the March 6, 2007 City Council meeting minutes.
2. Park Land Dedication Fund Project: A resolution approving budget adjustments in the
amount of$19,500.00 from the Southeast Park District to build an ADA accessible trail
in Mt. Sequoyah Woods, and $4,100.00 from the Southwest Park District to install stone
pavers at the Wilson Park Castle.
3. Multi-Craft Contractors, Inc. Airworks Division Bid # 07-25: A resolution awarding
Bid #07-25 and approving a contract with Airworks Division of Multi-Craft Contractors,
Inc. in the amount of $51,559.09 for the renovation and replacement of the HVAC
system in the Central Dispatch Center; approving a project contingency in the amount of
$4,850.00; and approving a budget adjustment in the amount of$56,409.00.
4. Waste Management of Arkansas, Inc: A resolution authorizing the Mayor to execute a
contract with Waste Management of Arkansas to haul and dispose of solid waste within
the city limits of Fayetteville.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
5. Ozark Sanitation, Inc: A resolution authorizing the Mayor to execute a contract with
Ozark Sanitation, Inc. to haul and dispose of solid waste within the city limits of
Fayetteville.
6. Compensation and Classification Phase III: A resolution approving a contract with
HR Factor in the amount of$46,885.00 to complete Phase UI of the Compensation and
Classification System Project; and approving a contingency not to exceed $1,000.00.
7. Arkansas Historic Preservation Grant: A resolution authorizing the Long Range
Planning Division to apply for and accept a 2007-2008 Certified Local Government
Grant in the amount of$7,313.00 to fund travel and training for the Fayetteville Historic
District Commission and approving a budget adjustment recognizing the grant revenue.
8. Safe Neighborhood Heroes Grant: A resolution authorizing the Fayetteville Fire
Department to apply for and accept a Sam's Club "Safe Neighborhood Heroes" Grant in
an amount not to exceed $1,500.00.
9. Fayetteville Arts Council Establishment: A resolution creating the Fayetteville Arts
Council and establishing the bylaws, rules and procedures to govern such council.
B. UNFINISHED BUSINESS:
1. ANX 06-2288 (Broyles): An ordinance annexing that property described in annexation
petition ANX 06-2288, located at 3601, 3611, and 3677 Weir Road, containing
approximately 10.61 acres. This ordinance was left on the Second Reading at the
March 20, 2007 City Council meeting.
2. R-PZD 06-2281 (Holcomb Heights): An ordinance establishing a residential planned
zoning district titled R-PZD 06-2281, Holcomb Heights, located at the southwest corner
of Weir and Salem Roads, north of Salem Meadows Subdivision: containing
approximately 13.47 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 March 20, 2007 City Council meeting.
3. ADM 07-2477 (BioBased): A resolution to approve a change in the building elevations
and materials previously approved by the City Council as required in its contract with
BioBased Realty, LLC. This resolution was Tabled at the March 20, 2007 City
Council meeting to the April 3, 2007 City Council meeting.
4. Amend Chapter 92 — Animal Ordinance: An ordinance amending Chapter 92,
Animals, Code of Fayetteville, to improve the treatment of animals and ensure the safety
of the citizens of Fayetteville. This ordinance was left on the First Reading at the
March 20, 2007 City Council meeting.
C. PUBLIC HEARING:
1. Public Hearing for Monthly Sewer Rate Ordinance.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
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D. UNFINISHED BUSINESS
1. Amend Chapter 51 — Sewer Volume Based Rates: An ordinance amending Chapter
51, Water and Sewers, of the Code of Fayetteville, to adjust monthly sewer rates. This
ordinance was left on the First Reading at the March 20, 2007 City Council meeting.
E. NEW BUSINESS:
1. Fayetteville and Farmington Wastewater Service Contract: A resolution approving a
contract between the City of Fayetteville, Arkansas and the City of Farmington, Arkansas
to provide wastewater collection and treatment system service and operations and
maintenance service to the City of Farmington; and approving a budget adjustment in the
amount of$650,000.00 to implement the refund of a portion of rate payments made from
February 9, 2004 through April 30, 2007.
2. ADM 07-2532 (Bungalows at Cato Springs PZD Modification): An ordinance
amending a Residential Planned Zoning District entitled R-PZD 05-1797, Bungalows at
Cato Springs, located on the north side of Cato Springs Road and west of Cline Avenue,
containing approximately 5.52 acres, more or less, to reflect revised planning area
boundaries and site layout as described and depicted herein.
3. Amend Chapter 152, Administration: An ordinance repealing and replacing Chapter
152, Administration, of the Unified Development Code to designate and clarify the
administration, interpretation and enforcement authority of various sections of the UDC.
4. Amend Chapter 177, Landscape Regulations: An ordinance amending Chapter 177,
Landscape Regulations, of the Unified Development Code to require minimum eight-foot
wide sidewalks when utilized in conjunction with Urban Tree Wells.
5. CAJ, LLC Cost-Share Agreement: An ordinance waiving the requirements of formal
competitive bidding and approving a cost-share agreement with CAJ, LLC in the amount
of $42,470.00 for the upsizing of approximately 1520' of 8" water main to 12" water
main.
6. City Council's Support of Road Impact Fees: A resolution to express the City
Council's support of road impact fees and to encourage citizens to vote for the road
impact fees on April 10, 2007.
F. INFORMATIONAL:
City Council Tour: April 2, 2007—BioBased Offices—Joyce Street
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
A.7
Arkansas Historic
Preservation Grant
Page 1 of 2
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE LONG RANGE
PLANNING DIVISION TO APPLY FOR AND ACCEPT A 2007-
2008 CERTIFIED LOCAL GOVERNMENT GRANT IN THE
AMOUNT OF$7,313.00 TO FUND TRAVEL AND TRAINING FOR
THE FAYETTEVILLE HISTORIC DISTRICT COMMISSION AND
APPROVING A BUDGET ADJUSTMENT RECOGNIZING TH
GRANT REVENUE .
BE IT RESOLVED BY THE CITY COU E TY OF
FAYETTEVILLE,ARKANSAS:
Section 1. That the City Cound f the Ci ettevill rkansas
hereby authorizes the Long Range PI Divisio p y for a accept a
2007-2008 Certified L ernmen in the unt of $7,3 fund
travel and traini . e ttevill ist Distri4 onunission.
2. t ity C of of Fayetteville, Arkansas
y app s a djus t reco g the grant revenue.
PASS a s 3rd day of April,2007.
ROVED ATTEST:
By.
DAN COODY,Mayor SONDRA E.SMITH,City Clerk/Treasurer
A.7
Arkansas Historic
Preservation Grant
Page 2 of 2
i
B.2
R-PZD 06-2281
(Holcomb Heights)
Page 1 of 4
7aye
ARKANSAS
THE CITY OF FAY.ETTEVIL.LE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
To: City Council,Mayor Dan Coody
From: Jeremy Pate,Director of Current Planning
Date: March 28,2007
Subject: Holcomb Heights PZD (R-PZD 06-2281)
The applicants for this project have submitted two letters associated with this project that they would
Eke to be included in your consideration of the Holcomb Heights Planned Zoning District project.
The first letter outlines a commitment of 5%of the proposed lots to be"attainable housing,"defined in
this case as "no more than 70% of the median home price in an area."
The second letter indicates a request for a refund of any road improvement costs required and
constructed as part of the development, should the Road Impact Fees be approved.
K:Veremy0007 CorrespondenceWoard MemosWolcomh Heights PZD.doc
B.2
R-PZD 06-2281
Nock-Broyles Land Development, LLC (Holcomb Pagee2 of 4
4921 Clear Greek Blvd
Fayetteville,AR 72704
hank(ilbrovlesdevelooment.com ,johnnoci@Iyahoo.com Ibroyles66@hotmail.com
Phone: 479.442-5766 Fax: 479.442-5440
February 22, 2007
TO: Jeremy Pate &Jesse Fulcher
Our group, John Nock - Hank Broyles - Lex Broyles,has completed several ongoing
meetings with Gary Dumas, Lioneld Jordan, and Shirley Lucas on the lack of any
substantive attainable housing in the city of Fayetteville. During our conversations we
discussed Fayetteville's need for new construction of quality attainable housing. Our
awareness of the problem as well as our motivation to do something about it is due to
their time and effort.
Because of this, we have dedicated an entire future project on Joyce St. to combat this
need, but we also wanted to take it a step further.
We are committing to bring attainable housing into all of our developments when
possible. We would accomplish this by pledging 5%of our single-family detached
homes to qualify as attainable housing. This would place new construction of these
homes in multiple locations throughout Fayetteville.
We would also like to serve as an example to other real estate developers, and issue them
a challenge to match or exceed our pledge.
As Holcomb Heights is the first of our Neighborhoods to come before the city, it is the
first to commit 5%of the lots to be attainable housing. Attainable housing is defined as
no more than 70% of the median home price in an area. According to the Morning News
article dated January 26th, 2007, the average home price in Washington County for 2006
is $188,516. Thus$131,960 and below is attainable housing.
Also to show our commitment to this pledge, we are requesting that this be written in to
the conditions for approval. This would be binding, and again,hopefully serve as an
example to others working in real estate in the City of Fayetteville.
Sincerely,
John Nock—Hank Broyles—Lex Broyles
B.2
R-PZD 06-2281
Nock-Broyles Land Development, LLC (Holcomb Pagee3 of 4
4921 Clear Creek Blvd
Fayetteville,AR 72704
hank@broylesdevelopment.com
Phone: 479.442-5766
Fax: 479.442-5440
February 22, 2007
TO: Jeremy Pate &Jesse Fulcher,
Whenever there is the potential for fees to be approved in the future, there exists the
possibility that a project can be unintentionally hit twice on such fees.
Holcomb Heights is just such an example. We are being obligated to do something under
the current system, and then potentially reassessed under the new.
When this project began, there were no Road Impact Fees for the City of Fayetteville.
Our group has agreed to relocate Weir Rd., a perimeter street, at the city's request in
order to make it align with Gypsum Road, which came in just 6 or 7 years ago.
Not only does Holcomb Heights get no benefit from this relocation whatsoever,but in
fact it is a major sacrifice for us of not only expensive land,but also design. However,
Holcomb Heights was willing to do this, at our own expense,because there are no impact
fees currently in place for the city to do it themselves, and we wanted to be good citizens
and neighbors, and create good will.
Road Impact Fees are designed specifically for this situation. If we relocate the road at
our own expense, and then pay Road Impact Fees when we pull the permits for the
construction of the homes in Holcomb Heights, we are paying twice for this road.
Our request is simple and fair. If the Road Impact Fees are approved, Holcomb Heights
would pay the full Impact Fee,but be refunded for the road costs that the city approved.
We are not requesting to have the city move the road now at its expense, nor are we
seeking exclusion from the Road Impact Fees if they are approved at a later date.
We will move the road when Holcomb Heights is under construction, and agree to submit
the actual installation costs to the city for approval.
We need this request to be included in the conditions of approval.
B.2
R-PZD 06-2281
(Holcomb Heights)
Page 4 of 4
City Council Meeting Minutes
March 6, 2007
Page I of 30
Aldermen
Mayor Dan Coody Ward I Position 1 — Adella Gray
Ward 1 Position 2 — Brenda Thiel
City Attorney Kit Williams Ward 2 Position I — Kyle B. Cook
Ward 2 Position 2 —Nancy Allen
Ward 3 Position I — Robert K. Rhoads
City Clerk Sondra Smith Ward 3 Position 2 — Robert Ferrell
ARKANSAS Ward 4 Position I — Shirley Lucas
Ward 4 Position 2 — Lioneld Jordan
City of Fayetteville Arkansas
City Council Meeting Minutes
March 6, 2007
A meeting of the Fayetteville City Council will be held on March 6, 2007 at 6:00 PM in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Mayor Coody called the meeting to order.
PRESENT: Alderman Thiel, Cook, Allen, Rhoads, Ferrell, Lucas, Jordan, Mayor Coody,
City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience
ABSENT: Alderman Gray
Pledge of Allegiance
CONSENT:
Approval of the February 20, 2007 City Council meeting minutes.
Approved
Ford Crown Victoria Police Interceptors Purchase: A resolution approving the purchase of
seven (7) Crown Victoria Police Interceptors from the State Vehicle purchase contract in the
amount of$143,413.00.
Resolution 35-07 as Recorded in the Office of the City Clerk.
Ford Pick Up Trucks Purchase: A resolution approving the purchase of six (6) Ford pick up
trucks from the State Vehicle Purchase Contract in the amount of$92,085.00.
Resolution 36-07 as Recorded in the Office of the City Clerk.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
acces sfayettevi Ile.org
City Council Meeting Minutes
March 6,2007
Page 2 of 30
Schwarze Industries, Inc.; Street Sweeper Bid #07-03: A resolution awarding Bid #07-03 to
Schwarze Industries, Inc. of Huntsville, Alabama for the purchase of one (1) A8000 Street N
Sweeper in the amount of $156,049.00 for use by the Transportation Division; and approving a
budget adjustment.
Resolution 3 7-0 7 as Recorded in the Office of the City Clerk.
Yale Material Handling-Gammon; Fork Lift Truck Bid #07-04: A resolution awarding Bid
#07-04 to Yale Material Handling-Gammon for the purchase of one (1) GLP070 VX Fork Lift
Truck in the amount of$28,800.00 for use by the Fleet Rental Pool
Resolution 38-07 as Recorded in the Office of the City Clerk.
Tax Back Program: A resolution certifying local government endorsement of business to
participate in the tax back program (the consolidated incentive Act of 2003, Section 15-4-
2706(D)).
Resolution 39-07 as Recorded in the Office of the City Clerk.
Bulk Construction Materials and Services Bids #07-12 — #07-18: A resolution awarding Bids
#07-12 — #07-18 for, and approving the purchase of bulk construction materials and services
utilized by various divisions of the City of Fayetteville in the estimated amount of
$3,599,547.98.
Resolution 40-07 as Recorded in the Office of the City Clerk.
Arkansas Department of Economic Development Grant: A resolution authorizing the
Building Services Division to accept a grant from the Arkansas Department of Economic
Development in the amount of$10,708.00 for the construction of a solar water heater unit at Fire
Station #4; and approving a budget adjustment recognizing the grant revenue.
Resolution 41-07 as Recorded in the Office of the City Clerk.
Callahan Tower Joint Venture Lease: A resolution to approve a lease with Callahan Tower
Joint Venture to lease space near the Old Wire Road Fire Station #5 for $1,000.00 per month,
free use of the cell tower for Fire Department antennas and revenue sharing for the subsequent
cell phone customers.
Resolution 42-07 as Recorded in the Office of the City Clerk.
ADM 07-2495 (Complete Neighborhood Plan Year 1): A resolution to create a Master Plan
for the South Fayetteville neighborhood area.
Resolution 43-07 as Recorded in the Office of the City Clerk.
Alderman Jordan moved to approve the Consent Agenda as read. Alderman Cook
seconded the motion. Upon roll call the motion passed 7-0. Alderman Gray was absent.
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UNFINISHED BUSINESS: Page 3 of 30
R-PZD 06-2196 West Fork Place Appeal: An ordinance establishing a Residential Planned
Zoning District titled R-PZD 06-2196, West Fork Place, located at the end of Ray Avenue, south
of Huntsville Road; containing approximately 13.92 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 and Tabled at the February 6, 2007 City Council meeting to the
March 6, 2007 City Council meeting.
Alderman Thiel moved to suspend the rules and go to the second reading. Alderman
Jordan seconded the motion. Upon roll call the motion passed 7-0. Alderman Gray was
absent.
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Director of Current Planning: I handed out a memo detailing the amendments
to this planned zoning district that is proposed by the applicant. Most notably is a street
connection west from this project to Happy Hollow Road. There are a couple of concept
drawings in your packet. The applicant is offering this to you as another point of access to this
project. This will require an amended condition of approval #1 . 1 have amended that for you
should you choose to adopt this request. Staff is not opposed to that eastern street connection. If
the City Council chooses to remove that we would recommend that a six foot public sidewalk be
constructed in its place to allow for pedestrian access to the six acre park that is associated with
this project. We recommend approval of this project.
Alderman Thiel: I appreciate the developer finding a way to purchase property so this project
could have an access onto Happy Hollow Road. That is what the neighbors expressed that they
wanted at our Ward meeting. If we approve this we are approving it with that street extension
going to Happy Hollow?
Jeremy Pate: If you adopt the amended conditions of approval as stated, amended condition of
approval # 1 which states that the 20 foot wide public street continues west from Ray Avenue to
Happy Hollow Road. The condition of approval states the applicant shall pay for and construct a
28 foot wide street. The street alignment would be approved by our City Engineer.
Alderman Thiel moved to amend the ordinance to adopt the amended conditions of
approval with the exception of the Helen Street extension. (This motion was amended before
a vote was cast.)
Alderman Cook: I think we should make the connection to Helen Street. Even with the new
connection to Happy Hollow all the traffic will be pushed one direction. The more connections
we have will put less traffic on any one area.
A discussion followed on the proposed connections.
Alderman Thiel moved to amend her motion to adopt the amended conditions of approval
as stated including the Helen Street extension. Alderman Jordan seconded the motion.
Upon roll call the motion passed 7-0. Alderman Gray was absent.
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Alderman Thiel: I want to remind the public that we are adopting this with the connection to
Helen Street, the connection to Ray Street and a connection to Happy Hollow.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Thiel seconded the motion. Upon roll call the motion passed 7-0. Alderman
Gray was absent.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Gray was absent.
Ordinance 4986 as Recorded in the Office of the City Clerk.
RZN 07-2419 (Kelly): An ordinance rezoning that property described in rezoning petition RZN
07-2419, for approximately 44.74 acres, located at 3184 South City Lake Road from R-A,
Residential Agricultural, to RSF-4, Residential Single-Family, 4 units per acre. This ordinance
was left on the Second Reading at the February 20, 2007 City Council meeting.
Alderman Rhoads moved to suspend the rules and go to the third and final reading.
Alderman Jordan seconded the motion. Upon roll call the motion passed 7-0. Alderman
Gray was absent.
City Attorney Kit Williams read the ordinance.
Alderman Thiel: I received a letter from Mr. Jorgenson and he is making every effort to invite
the neighborhood to participate in the development of this property. I think this is the proper
zoning for this area. I think the project will be well done.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Gray was absent.
Ordinance 4987 as Recorded in the Office of the City Clerk.
R-PZD 06-2299 (Ruskin Heights): An ordinance establishing a Residential Planned Zoning
District titled R-PZD 06-2299, Ruskin Heights, located west of highway 265/Crossover Road, on
the south side of Mission Boulevard; containing approximately 28.93 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 February 20, 2007 City Council
meeting.
Alderman Jordan 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 Gray was
absent.
City Attorney Kit Williams read the ordinance.
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Jeremy Pate: I would like to go over the six amendments that have been drafted. The applicants
have submitted a revised drawing and a table indicating amendments that are offered for
consideration to the City Council for approval of this planned zoning district. This would take
amendments to the conditions of approval.
Jeremy reviewed the conditions of approval for the public and the City Council.
Alderman Thiel moved to approve the amended Conditions of Approval. Alderman
Jordan seconded the motion.
Alderman Cook: I agree with all the amendments but I struggle with the Greenview
connection.
Alderman Thiel: That was something.I heard so much about from the neighbors. In this case
people will tend to try to cut through. I feel that was one of the concessions made by the
developer that I certainly appreciated because it addressed a lot of the concerns of the
neighborhood.
Alderman Cook: I am not asking you to change it. I respect the neighbor's opinion I just
disagree with it.
Upon roll call the motion passed 7-0. Alderman Gray was absent.
Peggy Guccione, 1665 W Shadowridge, Ward 1: This is near my house but I will not be
strongly affected by this.
Ms. Guccione expressed her concern about the development and over development of the
hillsides in Fayetteville. She read a letter she sent to the City Council that details her concerns.
Her concerns about the slopes in Fayetteville are their instability and their runoff. She stated
trees intercept moisture. She said the impervious surfaces will add to the runoff.
John Lewis, resident of Fayetteville stated he participated in the 2025 Plan. We have a group
that has come here that has hired one of the best urban planners in the country and it fits with our
plan. I understand it is on a hillside but humans have been living on hillsides for thousands of
years. Certainly we can figure an engineering way to accommodate that. I think we need to go
ahead and do it. It is a great plan and will add to the uniqueness, beauty and desirability of our
community.
Joann Kvamme, 1982 Greenview Drive, Ward 1 handed out information she prepared for the
City Council. She went over some sections of the city code, specifically tree preservation &
protection and storm water management, drainage & erosion control. She also went over the
Master Plan 2025 Soil Composition Map. She stated the development is too dense and is not
protecting the slopes. She reviewed the Master Plan PZD Guidelines.
We tried to bring forth professionals who saw red flags in what is happening here. We are not
saying don't develop, we are saying what is proposed has some serious repercussions. There
have been a lot of comments around town that the developers have the City Council in their
pocket. People are saying that the vote is in. I was actually told, why are you bothering to go
tonight, the decision has been made. I hope that is not the case. Let's not have a charade if we
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are deciding things behind closed doors or if we are deciding things for other reasons. If we are
not just looking at the pros and cons of what is going on here then this is a problem.
Mayor Coody: The idea that these decisions are made behind closed doors and the developers
have the City Council in their pocket, this project has been through rigorous vetting from the
Planning staff. We have one of the best Planning staff's in the country, certainly the best in
Arkansas. I get kind of testy when we are accused basically of corruption. Have changes been
made to the project, have they listened to the public at all or is this exactly the project they
1 originally came forward with?
Jeremy Pate: From my participation in the charrette to now it certainly has changed. A lot of
discussion on the west and south about details, detention, tree preservation being removed down
to one acre from eight, those have not been reviewed nor approved on any of that portion of the
site. That will come back through as a detail development plan to be approved by the Planning
Commission much like any concept approval that you see. What we have reviewed in detail is
the northeast portion of the site and the eastern portion of the site where Phase 1, 2 and 3 is
j located and drainage calculations, erosion control, all of those things have been detailed and
submitted for development review. The other portions of the site are for concept review and will
still have to meet all of our ordinances that were sited by Ms. Kvamme in her presentation
including Chapter 167 Tree Preservation, Chapter 169, and Chapter 170 Storm Water. All of
jthose chapters that she sited will still have to meet those requirements through the Planning
Commission as development of this project occurs.
Mayor Coody: I believe it came forward with 12 units per acre as the density and that was
Y Y
reduced to 10. The alley was removed in response to the neighbor's complaints and the
amendments that were put forward tonight were all in response to neighbors concerns. The
neighbors have had a huge impact in this project and to think that it has just been rushed through
l
and rubber stamped without listening to the neighbors is simply not true.
Alderman Thiel asked Jeremy Pate to show the Council and the neighbors the areas on the map
that will be approved if this ordinance is passed.
:i
Jeremy Pate pointed out the area on the map.
Marie Riley from the Washington Willow neighborhood: I am here in support of Ruskin
Heights. With your approval Fayetteville will see a traditional neighborhood development
through the vision of Ruskin Heights. A mixed use neighborhood with a sense of place where
people of all ages can live, a place where kids can walk or bike to school, a place where people
are brought together in their day to day lives creating a sense of shared community. For me this
is a vision for Fayetteville that I have been passionate about for 20 years. I am very excited
about this process. Through a costly and extensive charrette process, the first by my recollection
by any developer in our community, to have a comprehensive effort to involve the community in
the design process was un-precedented. I am optimistic that Ruskin Height will be a dynamic
people oriented development that Fayetteville can be proud of. I hope in the future Ruskin
Heights becomes the kind of development that we encourage.
Dot Neely, 1244 Mission, Ward 1 : I am excited about pursuing sustainable initiatives for our
city. I am excited about the leadership role you have taken Mayor Coody in advancing
sustainable growth for Fayetteville and sustainable practices for the city. This project has
tremendous potential in that regard. One of the biggest red lights about it for a lot of people is its
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location on this steep topography. On a more level terrain there would not be quite the concern.
We have seen what is going on with down slope movement as a result of clearing. This project
has the potential for setting a precedent for infill and growth in our community. The western
side is the crucial area of this development. Let's do everything we can to get this right, consider
the traffic flow, the steepness of the slopes on the western side and maintaining as much of the
vegetation as possible to keep the slope stable.
Rick Shelton, 1963 Lisa Lane: I am here in full support of the subdivision. My History here in
Fayetteville is as a graduate of the landscape architectural program at the university. I am a
project designer for subdivisions in the Rogers area. The Engineering and Planning staff are
experts at what they do in my experience. They are going to review every step of this process.
Often conceptual plans will change to accommodate greater needs as Engineering staff requires
them. Many people love this style of living. I am in full support of this. I would like for you to
consider the idea of it as opposed to some of the minor consequences of it which will be handled
at the Engineering and Planning levels as the process proceeds.
Karen Reece: I want to state my support for Ruskin Heights. I am a tree hugger and I care very
much that we protect our tree canopy. It seems in this plan the developers have situated the
density in the lower areas that are not covered in trees and they are doing everything to protect
the trees. They are complying with the Hillside ordinance according to our Planning staff and I
think they are addressing the issues of storm water runoff very seriously. This follows City Plan
2025.
Don Marr, 410 W Holly: The town spent money to determine what type of development we
wanted in our city not only downtown but city wide. You have to read the document as a
comprehensive plan. You can not pick and choose sections out of it but collectively as a whole.
You have variances because our code doesn't handle or isn't designed to do the kind of
development long term that we want in the city. I think one of the things we struggle with in
Fayetteville is that we do not have anything proven and we do not have a strong history of people
who feel comfortable that the development community is going to do what is right long term.
You have to get a project on the ground that you can actually walk people through and show
them it isn't going to destroy the city. I think this has the ability to do that with some of the
world's best planners that were involved on the front end of the development. Density is not
necessarily a bad thing. Mass transit comes with density; you have to have enough density to
warrant it. I hope you will support this development.
John Backus, 1984 Greenview: I live next to this project. I am concerned about the density and
the zoning. I thought if this area was developed it would be.R-4. I thought I was safe.
Patty Culberson: I think we need to stay true to what has already been established as far as our
ordinances. I think what matters is it the best we can do for Fayetteville. I can not get one
person to say they are for this project. I think it is kind of a cute idea and if people want to live
like that it is fine. Everyone that I have talked to is scared to death and sick about it. I am not
sure it will work, I am not sure that we won't have problems if we develop that hill to this
density. I am concerned about Greenview. Is the cut through to Greenview going to be there
regardless of the light or if there is not a light at Mission and Lisa Lane?
Alderman Thiel: That has been amended.
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Mayor Coody: What it amounts to is the street that they would construct that would tie into
Greenview will have a right turn only going out of the subdivision to where it would go down to ,
Mission.
Patty Culberson: What is the purpose in that if you can go to Mission and turn right or left at a
light why would you make a left turn where there is not a light? The purpose in that street is so
you can go left. With several more homes and several more drivers per day it is going to impact
us. That is why I feel Greenview is a bad idea.
Alderman Thiel: They will not be able to go left.
Patty Culberson: I don't believe that. People have to get from Mission to their homes on
Greenview.
Mayor Coody: I don't think this is the right place to debate whether a concept is believable or
not. This is something that has been put together by the staff and the City Council to have some
symbolism of connectivity without letting people go through the neighborhood.
Alderman Thiel: There will be a 70 foot long island at the intersection. People will not be able
to go down Greenview and come back up.
Patty Culberson: Why would you want to go that way when you can get out at the light?
Pam Conner, 1686 Shadowridge, passed out a copy of her presentation to the City Council. She
went over the information with the Council. She said there is more to the City Plan 2025 than
just infill. Less than one percent of the people of Fayetteville participated in City Plan 2025.
She stated this should have gone to the citizens for a vote, based on the input from this 2025 Plan
they said they want to put infill growth on the center of the city and limit growth on the edges of
the city. Alderman Gray said she wanted to enforce building regulations. Once you approve this
the additional phases will go through the Planning Department it will not come back here. We
will not have that much input and you will not have any input. If you approve this what is going
to go behind my house.
Mayor Coody: There are a lot of people that would like to speak tonight and I would like for
everyone to get a chance to speak.
Pam Conner: I can understand that and I will go a little more quickly then. She stated there is a
problem with the traffic study. You are going to be dumping an average of 595 cars and there is
no public transportation. We also worry about the drainage. This will likely require blasting and
my house on the hill is going to be rattling.
She is also concerned about the soil suitability, 6,500 dump truck loads of dirt will be taken out
of that mountain. Where are we going to put the kids? Do we have plans to build another
school?
Ms Conner continued to go over the information she gave to the Council she also talked about
the concerns of the neighbors. She talked about another development that was proposed to be
built in Mayor Coody's and City Attorney Kit William's neighborhood and that it was defeated.
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