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Home My WebLink About2008-06-03 - 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 WilliamsPVj Ward 2 Position 2—Nancy Allen Ward 3 Position l—Robert K.Rhoads TCity Clerk Sondra Smith 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 June 03, 2008 A meeting of the Fayetteville City Council will be held on June 03, 2008 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. MR2 Contract: A resolution authorizing the Mayor to execute a contract with MR2 to haul and dispose of solid waste within the city limits of Fayetteville. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 117-08. 2. Steele Crossing Investment III, LLC: A resolution accepting a donation from Steele Crossing Investment III, LLC of approximately 5.06 acres of real property from parts of Lots 8 and 14, CMN Business Park II. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 118-08. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 3. Neighborhood Master Plan: A resolution approving the creation of a Neighborhood Master Plan for the Technology Development Corridor; and approving a budget adjustment in the amount of$4,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 119-08. 4. Secure Our Schools Grant: A resolution authorizing the Fayetteville Police Department to apply for a Department of Justice "Secure Our Schools" Grant in the amount of$87,325.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 120-08. 5. Roll Off Service, Inc. Amendment No. 1: A resolution approving contract Amendment No. 1 to the temporary hauling contract with Roll Off Service, Inc. implementing a per- ton rate adjustment to compensate for the rapid and significant increase in diesel fuel costs. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 121-08. B. Unfinished Business: 1. Hiring Freeze: Hiring Freeze Appeals: A resolution to approve the hiring of replacement employees for the following positions: (A) One Part-time Law Clerk (B) One Parks Maintenance Superintendent (C) One Fleet Manager. 2. R-PZD 08-2915 (Hill Place): An ordinance establishing a Residential Planned Zoning District titled R-PZD 08-2915, Hill Place, located at the southwest corner of 6th Street and Hill Avenue; containing approximately 27.10 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 May 6, 2008 City Council meeting. This ordinance was left on the Second Reading at the May 20, 2008 City Council meeting. This ordinance was left on the Second Reading. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5145. 3. Bridgedale Plaza Appeal: An ordinance establishing a Commercial Planned Zoning District titled C-PZD 08-2904 Bridgedale Plaza, located at the southeast corner of Highway 16 East and River Meadows Drive, containing approximately 15.95 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 May 6, 2008 City Council meeting. This ordinance was left on the Third Reading and then Tabled at the May 20, 2008 City Council meeting to the June 3, 2008 City Council Meeting. This ordinance was left on the Third Reading. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org THIS ITEM FAILED BY VOTE OF 2-5. 4. Forest Hills Master Street Plan Amendment Request: A resolution for R-PZD 07- 2793 Forest Hills amending the Master Street Plan, realigning Golf Club Drive, a proposed north-south collector street, as described and depicted in the attached maps. This resolution was Tabled at the May 20, 2008 City Council meeting to the June 3, 2008 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 123-08. 5. Forest Hills PZD Rezone Appeal: An ordinance establishing a Residential Planned Zoning District titled R-PZD 07-2793 Forest Hills, located at Wedington Drive, south of Salem Road, containing approximately 82.38 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 May 20, 2008 City Council meeting. This ordinance was left on the Second Reading. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5146. C. New Business: 1. Abshier Heights Planned Zoning District — Extension of Approved PZD: An ordinance to waive Chapter 166.20 of the Unified Development Code, expiration of approved plans and permits, for the R-PZD 06-1883 (Abshier Heights) and to provide for a one-year approval extension. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5147. 2. Role of the Government Channel Discussion. NO ACTION TAKEN. Announcements: 1. City Council Tour: June 02, 2008 Adjournment: Meeting adjourned at 9:23 p.m. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org City Council Meeting: June �, L008 _ d' journ: , Subject: Roll Ferrell Lucas Jordan Gray Thiel Cook Allen Rhoads Mayor Coody Subject: Motion To: Motion By: Seconded: Ferrell Lucas Jordan Gray Thiel Cook Allen Rhoads Mayor Coody I City Council Meeting: June AN Subject: Consent Motion To: Motion By: Seconded: Ferrell Lucas Jordan vle DC7 Gray Thiel CookAllen Rhoads Mayor Coody Subject: Motion To: Motion By: Seconded: Ferrell Lucas Jordan Gray Thiel Cook Allen Rhoads Mayor Coody City Council Meeting: June .'5, .008 Subject: Hiring Freeze Appeals: One Parks Maintenance Superintendent Motion To: n COKJ---- Motion By: (ilLla� Seconded: T B.I. Ferrell Unfinished Lucas Business Jordan Gray Thiel �v me Allen L/Z Rhoads Mayor Coody Subject: Hiring Freeze Appeals: One Fleet Manager Motion To: Motion By: �- G Seconded: B.I. Ferrell Unfinished Lucas Business Jordan J Gray �Q4 Thiel CC)' Allen Rhoads Mayor Coody City Council Meeting: June :,, X008 _adjourn: Subject: Ferrell Lucas Jordan Gray Thiel Cook_ Allen Rhoads Mayor Coody Subject: Motion To: Motion By: Seconded: Ferrell Lucas C� �QQ Jordan Gray Thiel lie Allen Rhoads �� Mayor Coody 1 City Council Meeting: June 4`008 Subject: R-PZD 08-2915 (Hill Place) Motion To: `` Motion By: Seconded: '4 B.2. Ferrell Unfinished Lucas Business Jordan Gray 5 Thiel 5/ q� Allen Rhoads Mayor Coody Subject: Bridgedale Plaza Appeal Motion To: Motion By: Seconded: B.3. Ferrell Unfinished Lucas Busine, Jordan Gray Thiel Allen Rhoads Mayor Coody City Council Meeting: June L008 Subject: Forest Hills PZD Rezone Appeal c�- P Motion To: Motion By: Seconded: Pte,r B.4. Ferrell Unfinished Lucas Business\ Jordan Gray Thiel Allen Rhoads liv v 1z Mayor Coody Subject: Forest Hills Master Street Plan Amendment Request Motion To: s-V A Opr -� Motion By: Seconded: J�-� S UNIC C-t B.S. Ferrell Unfinished Lucas Business Jordan a,s,, Gray ao-I Thiel cb 'A Allen 0 Rhoads '" ayor Coody City Council Meeting: June :,, 008 Subject: Abshier Heights Planned Zoning District - Extension of Approved PZD Motion To: c1 �� „t V GIS Motion By: Seconded: C.1 Ferrell New Lucas Business Jordan n n�JR Gray 11�Q`C Thiel Allen Il� Rhoads Mayor Coody Subject: Role of the Government Channel Discussion Motion To: Motion By: Seconded: C.2 Ferrell New Lucas Business Jordan Gray Thiel Cook Allen Rhoads 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 PV1 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 June 03, 2008 A meeting of the Fayetteville City Council will be held on June 03, 2008 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. MR2 Contract: A resolution authorizing the Mayor to execute a contract with MR2 to haul and dispose of solid waste within the city limits of Fayetteville. 2. Steele Crossing Investment III, LLC: A resolution accepting a donation from Steele Crossing Investment III, LLC of approximately 5.06 acres of real property from parts of Lots 8 and 14, CMN Business Park TI. 3. Neighborhood Master Plan: A resolution approving the creation of a Neighborhood Master Plan for the Technology Development Corridor; and approving a budget adjustment in the amount of$4,000.00. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 4. Secure Our Schools Grant: A resolution authorizing the Fayetteville Police Department to apply for a Department of Justice "Secure Our Schools" Grant in the amount of$87,325.00. 5. Roll Off Service, Inc. Amendment No. 1: A resolution approving contract Amendment No. 1 to the temporary hauling contract with Roll Off Service, Inc. implementing a per- ton rate adjustment to compensate for the rapid and significant increase in diesel fuel costs. B. Unfinished Business: 1. Hiring Freeze: Hiring Freeze Appeals: One Parks Maintenance Superintendent One Fleet Manager 2. R-PZD 08-2915 (Hill Place): An ordinance establishing a Residential Planned Zoning District titled R-PZD 08-2915, Hill Place, located at the southwest corner of 6t" Street and Hill Avenue; containing approximately 27.10 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 May 6, 2008 City Council meeting. This ordinance was left on the Second Reading at the May 20, 2008 City Council meeting. This ordinance was left on the Second Reading. 3. Bridgedale Plaza Appeal: An ordinance establishing a Commercial Planned Zoning District titled C-PZD 08-2904 Bridgedale Plaza, located at the southeast corner of Highway 16 East and River Meadows Drive, containing approximately 15.95 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 May 6, 2008 City Council meeting. This ordinance was left on the Third Reading and then Tabled at the May 20, 2008 City Council meeting to the June 3, 2008 City Council Meeting. This ordinance was left on the Third Reading. 4. Forest Hills PZD Rezone Appeal: An ordinance establishing a Residential Planned Zoning District titled R-PZD 07-2793 Forest Hills, located at Wedington Drive, south of Salem Road, containing approximately 82.38 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 May 20, 2008 City Council meeting. This ordinance was left on the Second Reading. 5. Forest Hills Master Street Plan Amendment Request: A resolution for R-PZD 07- 2793 Forest Hills amending the Master Street Plan, realigning Golf Club Drive, a proposed north-south collector street, as described and depicted in the attached maps. This resolution was Tabled at the May 20, 2008 City Council meeting to the June 3, 2008 City Council meeting. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org C. New Business: 1. Abshier Heights Planned Zoning District — Extension of Approved PZD: An ordinance to waive Chapter 166.20 of the Unified Development Code, expiration of approved plans and permits, for the R-PZD 06-1883 (Abshier Heights) and to provide for a one-year approval extension. 2. Role of the Government Channel Discussion. Announcements: 1. City Council Tour: June 02, 2008 Adjournment: 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org A.5 09" Roll Off Sewice, Inc. Amendment No. 1 Page 1 of 4 Roll Off Service, Incorporated Post Office Box 1700, Lowell AR 72745 (479)872-9098 May 19, 2008 City of Fayetteville c/c,Mr. Gary Dumas 113 W. Mountain Road Fayetteville, AR 72701 Re: Solid Waste hauling Services Dear Mr. Dumas, Due to the recent diesel fuel cost increases we find that we can no longer provide hauling service to the Fayetteville Transfer Station at the rate bid in November 2007. While we understand that the request for increase must go before the Fayetteville Ci�Council to be approved or denied, we cannot sustain subsidy of this venture until June 3 . Given the escalating cost of diesel fuel we are forced to exercise clause 9 of our contract and issue our 7 day written notice. This is effective as of May 19, 2008 and our last day to haul will be June 4, 2008. It is with deep regret that at this time we are financially forced to exercise this option. We appreciate your anticipated understanding of this issue and are open to any other options (should they exist) that may be available in the short term. Sincerely, Bob Mager General Manager Roll Off Service, Inc, A.5 Roll Off Service, Inc. Amendment No. 1 City Council Agenda Item Page 2 of 4 To: Mayor and City Council From: Gary Dumas, Director of Operations Date: May 27, 2008 Subject: Fuel Adjustment Provision in Solid Waste Services Contract with the Cherokee Nation The contract between the Cherokee Nation and the City of Fayetteville permits a fuel adjustment when the cost of fuel increases 10% above the benchmark cost per gallon as stated in the contract. That benchmark cost is $2.2382 for road diesel or$1.8177 for off- road diesel. As of the 5-19-08 Department of Energy report for On-Highway Diesel Prices, the cost per gallon was$4.443 for the Gulf Coast region. In compliance with the contract, Section 3 Fees,the per ton rate will be increased accordingly(Section 3 Fees of the contract follows below). This fuel adjustment does not require any City Council action as it is a contractual provision. A Solid Waste Budget Adjustment will be necessary in the near future to accommodate this fuel adjustment surcharge. Initially, at a minimum, the adjustment will be equal to the Roll Off Services fuel adjustment that is on the Council's consent agenda. Section 3. Fees: from the contract between the City off'Fayetteville and the Cherokee Nation. 3. FEES: For its services to be performed hereu4der, Cherokee Nation shall be entitled to receive payment from the City of Fayetteville of the following fees: For the combined services of receiving, handling, hauling and'i)isposing of the solid waste delivered to the transfer Station by the City of Fayetteville, the sum of$24.47 per ton based upon incoming weight delivered to the Transfer Station. Cherokee Nation shall be entitled to charge a reasonable fee for all other solid waste delivered to the transfer Station from sources other than the City of Fayetteville, for which the Cherokee Nation shall pay to the City of Fayetteville a host fee of$3.50 per ton based upon incoming weight delivered to the Transfer Station. The fee shall be inclusive of all present applicable government fees and licenses, surcharges, taxes, materials, overhead, profit, insurance and equipment. The Cherokee Nation fee will not be adjusted for (3) years from the start of operation, currently anticipated to be September 26,2006, but such fees shall be subject to fuel surcharges as may be needed from time to time, to accommodate increased costs above the initial benchmark cost of.. $2.2382 per gallon for road diesel;$1.8177 per gallon for high sulfer off--road diesel as determined by the most recent acquisitions by Cherokee Nation's contract operator of the Cherokee Nation Sanitary landfill. The fuel surcharge, when applicable, will increase the initial fee per ton as referenced above. No fuel surcharge shall be authorized hereunder until the combined average daily benchmark cost for road diesel and off-road diesel is, for the most recent billing month, greater than 10% of the initial benchmark. For each 10% increment the initial fee per ton may be additionally adjusted. I of 2 _ 5/27/2008 9:46:38 AM A.5 Roll Off Service, Inc. Amendment No. 1 Page 3 of 4 City Council Agenda Item On September 26, 2009, the Cherokee Nation fee may be adjusted by using the difference in the CPl from September of the prior year and the CP1 for August of 2009,as determined by use of the United States Department of Labor index for goods and services. That index is found at: ":/Idata.bls goy/cgi-bin/survevmost?su Cherokee Nation,shall bill the City on a monthly basis for its services hereunder, itemizing such bills to show the tonnage and resulting fee. Sills shall be paid within thirty(30) days of presentation. Cherokee Nation shall account and pay to the City the City's host fee as previously described in this section above within thirty (30) days of Cherokee Nation's receipt thereof. Cherokee Nation shall keep accurate records which shall be made available to the City during.regular business hours during the term of this Contract, and for no less than three years after the termination thereof, in the event there is a need for r either party to justify all fees and payments. The fees to be charged to an outside hauler bringing waste to the transfer station will not be controlled or disclosed by the terms of this Agreement, but such rate will always be reasonable, when compared to the surrounding market prices. This rate may be adjusted from time to time at the discretion of the Nation, but at no time shall the rate charged to outside haulers be less than the rate charged to the City of Fayetteville. For purposes of this Agreement, the term outside hauler includes any and all wastes not hauled to the Transfer Station by the City of Fayetteville. 'j 2 of 2 5/27/2008 9:46:38 AM A.5 Roll Off Service, Inc. Amendment No. 1 Page 4 of 4 Hiring Freeze ® Page 1 of 2 aye evl le ARKANSAS OPERATIONS DIRECTOR Date: May 22,2008 To: Mayor Dan Coolly and City Council From: Gary Dumas,Director of Operati Subject: Replacement of Fleet Manager Recommendation: City Council approves the refilling of the Fleet Manager position. Backaround: The incumbent Fleet Manager, David Bragg, is retiring on July 11, 2008. Discussion: The Fleet Manager is the responsible professional for all activities and budget of the Fleet Division. The Fleet Manager is also the Staff support for the Council's Equipment Committee. The Fleet Manager is responsible for a staff of 18.5 FTE's, 577 vehicles, 203 non- motor pool and miscellaneous pieces of equipment, an annual operating budget of$6.44 million, and a capital replacement budget ranging from $2.9 million to over$5.0 million per year depending upon the fleet's age and maintenance costs. Additionally, the Fleet Manager assists the Council's Equipment Committee in establishing equipment replacement protocols and the bidding for and acquisition of replacement and new equipment. Budget Impact: This position salary is funded from the Shop Fund. 113 West Mountain Fayetteville,Arkansas 72701 Office phone-479-575-8330 Fax-479-575-8257 _ E-mail-gdumas&i.fayetteville.anus 'mC• �i jai Q f" �/LWt �•C�ct� Hiring Freeze 51 f?/off Page 2 of 2 FAYETTEVILLE MEMORANDUM Date: May 22,2008 To: Mayor Dan Coody and City Council Thru: Gary Dumas,Director of Operati016\ From: Connie Edmonston, Parks & Recreation Director` C r Subject: Replacement of Parks Maintenance Superintendent Recommendation: City Council approves the hiring of the Parks Maintenance Superintendent in the Parks and Recreation Division due to his transfer to the Transportation Division. Background: On May 20, 2008,Parks Maintenance Superintendent Jeff Coles submitted his transfer to the Transportation Division as the Assistant Transportation Manager in the former position held by Perry Franklin who is retiring June 6, 2008. Discussion: The Parks Maintenance Superintendent's responsibility is to plan and administer the maintenance program for the 3,600 acres located in 71 parks within the Parks and Recreation Division. There are 30 full time positions working in maintenance plus the seasonal workers. The work includes management of programs for turf grass,urban forestry,horticulture,public lands, swimming pool,park facilities and capital improvements. This position develops a progressive, preventive maintenance program that includes park safety audits on all facilities including playgrounds, swimming pool and athletic fields. hi addition,the Parks Maintenance Superintendent administers the Parks Vegetative Management Program. Budget Impact: This position salary is funded 50 percent from the Parks Development Fund and 50 percent from the General Fund. 1 City of Fayetteville PARKS AND RECREATION DIVISION 113 W.Mountain Street Fayetteville,Arkansas 72701 Telephone: 479-444-3471 Fax: 479-521-7714 E-mail:cedmonston@ci.fayetteville.ar.us .... . . . _.I n.._� Noa,..-� `�� ,�i 1J�Ah, �(JI ft. ) B 5 . . ..Forest Hills Mast' �a1Jh G' Forest Hills Master Street Plan Amendment Request Master Street Plan Amendment Page 1 of 2 �. Feet 0 250 500 750 1,000 9 -•}' •®COLLECTOR ••.FREEWAY/EXPRESSWAY . } rl.y 1' rz. y •••MINOR ARTERIAL d.I •••PRINCIPAL ARTERIAL •••PRIN ARTERIAL PKWY r, r ri x h •,. LOCAL —COLLECTOR y ." . " —FREEWAY/EXPRESSWAY —MINOR ARTERIAL —PRINCIPAL ARTERIAL PRIN ARTERIAL PKWY N rYn �' Fayettevllie ;f .��' I �` i A , s �r " }r Isting Masteirttr -i f 1 ::. . pipi.oca "x`` � `1a ° ��3 a 'Forest Hill 2e r 13gs BC.iTis AW wA B.5 Forest Hills Master Street Plan Amendment Request Page 2 of 2 �o CuV7�� Abshier Heights Planned Zoning ALDERMAN AGENDA REQUEST FORM oistrict—extension of Approved PZD Page 1 of 6 FOR: COUNCIL MEETING OF June 03, 2008 FROM: Nancy Allen ORDINANCE OR RESOLUTION TITLE AND SUBJECT: Abshier Heights Planned Zoning District-Extension of approved PZD An ordinance to waive Ch. 166.20 of the Unified Development Code, to permit an extension for the Abshier Heights Planned Zoning District (R- PZD 06-1183), and requiring the applicant to obtain all building permits by April 04,2009. APPROVED FOR AGENDA: Alderman Na4cy Allen Date t J rem Date Dire of Current Planning C. 1 Abshier Heights Planned Zoning City Council Meeting al -Ifte 0ger20@8f Approved PZD Agenda Item Number Page 2 of 6 CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas,Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: May 21, 2008 Subject: Abshier Heights Planned Zoning District Extension RECOMMENDATION Planning staff recommends approval of an ordinance allowing for aone-year extension of the time frame to obtain all building permits associated with R-PZD 06-1883 (Abshier Heights). BACKGROUND The City Council on April 4, 2006 granted approval for R-PZD Abshier Heights on 4.11 acres of land with frontage on Abshier Drive and Hillcrest Avenue, with a maximum of 23 dwelling units in six buildings, at a density of 5.8 dwellings units per acre. The applicant has continuously worked with City divisions to obtain the necessary permits for construction of the development and at this time has nearly completed the first.of six buildings. Additionally, the applicant has installed all necessary utilities to serve the development and is currently installing street improvements, sidewalks and internal drive aisles. However, the applicant did not apply for or obtain approval for all of the required building permits to construct the remaining five buildings prior to the expiration date on April 4, 2008, which was granted by a one-year extension in 2007. Consequently, staff is unable to approve any additional building permits. Staff supports a waiver from the Unified Development Code to allow for this project to continue in the process of obtaining all remaining building permits without having to halt all construction and process a new Planned Zoning District application through the development review process for the remainder of the project. We feel it is evident the applicant/developer is actively pursuing the development of this project, which was the intent of the ordinance adoption, and it is not the applicant's intent to leave this project unfinished, as evidenced by the continuous work on the site. Staff proposes an extension of the approval of approximately one year to expire on April 4, 2009. All building permits for Abshier Heights PZD would have to be obtained for this project by that date, or the approvals would expire without the ability to request renewal by the Planning Commission. DISCUSSION None. BUDGETIMPACT None. C. 1 Abshier Heights Planned Zoning District—Extension of Approved PZD Page 3 of 6 ORDINANCE NO. AN ORDINANCE TO WAIVE CHAPTER 166.20 OF THE UNIFIED DEVELOPMENT CODE, EXPIRATION OF APPROVED PLANS AND PERMITS, FOR R-PZD 06-1883 (ABSHIER HEIGHTS)AND TO PROVIDE FOR A ONE-YEAR APPROVAL EXTENSION WHEREAS, the City Council of the City of Fayetteville approved a Residential Planned Zoning District known as Abshier Heights(R-PZD 06-1883)on April 4,2006 with Ordinance No. 4850;and WHEREAS, the applicant was permitted a one-year time period in which to obtain all building permits for the project and with Ordinance No. 5052 a typical one-year extension was granted allowing until April 4,2008 to obtain said permits; and WHEREAS, Abshier Heights PZD has been approved for construction of all necessary public improvements,such as streets,sidewalks,water and sewer mains and the construction of the first building of the project; and WHEREAS,the remaining building permits necessary to complete the development were not approved before the expiration of the PZD on April 4, 2008, resulting in staff being unable to approve any future building permits, NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville,Arkansas hereby approves a one-year extension of R-PZD 06-1883 (Abshier Heights)to obtain all building permits. Section 2: That the applicant must obtain all building permits associated with R-PZD 06- 1883 (Abshier.Heights)on or before April 4, 2009, or the R-PZD shall be null and.void. Section 3: That all other conditions, commitments, development standards and other requirements of the project approved by Ordinance No. 4850 shall remain in full effect unless otherwise modified by the City Council. PASSED and APPROVED this—day of J 2008. APPROVED: ATTEST: By: By: DAN COODY,Mayor SONDRA SMITH, City Clerk C. 1 Abshier Heights Planned Zoning District-Extension of Approved PZD Page 4 of 6 cH 2� ENQINEERINOINC. May 21,2008 City of Fayetteville City Council 113 West Mountain Street Fayetteville, AR 72701 RE: R-PZD 05-036 ABSHIER HEIGHTS ONE YEAR EXTENSION Dear Aldermen, On behalf of my client, Mr. David Chance, I am requesting that a one year extension be granted for this project. Due to the difficult nature of the construction, weather related delays, and the depressed real estate market, this project has taken longer than initially expected to complete. Your favorable decision regarding this request is greatly appreciated. Sincerely, �I `Gd��sk Thomas A. Hennelly,P.E. President 2758 Millennium Drive Suite i Fayetteville, Arkansas 72703 Phone: 479.582.4234 Fax: 479.582.9254 C. 1 Abshler Hei hIs Planned Zoning of Approved PZD Page 5 of 6 24 UNITS WITH 60 TOTAL SEDRCCMS 'I 111 PARKING SPACES: 36 GARAGE SPACES REVISED 36 DWEWAY SPACES 39PARALLEL SPACES - , 4.625 PARKING SPACES PER UNIT SITE PLAN - _ 8T ... �at� ye�x s��'� s eI s.x '.t •h'x" g,a�N �m+�'g� { P L IK f �1{••3�e t�v { f BUILDING REMOVED TO PROVIDE GREEN a�� .. _ SPACE BETWEEN UNITS I a ENHANCED fll x t�.A,a VEGETATION 3 SHOP- .. PING CENTER 'U f �kp S WALK BRIDGES "" REMOVED 5 41$'`1 a t a� ' ,.- -* PARKING 12: Fv, * 3�&'..'.' ,► '�` TO PARK ADJACENT - ♦ �,^ . RETENTION _ POND MOVED TO PRESERVE TREE BUFFER NEIGHBORHOOD PARK ..;y REPLACES BUIDLiNG CLOSEST TO JONES y ` I RESIDENCE ry I v 2- 2 2 -'a PROPOSEDVIEWING :AREA FOR JONES RESIDENCE a �F INTERNAL WALKS TO PRESERVE TREE CANOPY "¢ T =f SITE PLAN WITH BEDROOM COUNT K E 0 50 100 250 +;w11?'i ea"y]�. q 5�+ � ��a� y73 u'��rvS�Wy+�c�d °� �;''��YS ti x �' •c� 1 � A-.I jS.�xj J1,��.e�F $ I i II r. AS owWC Ptil I� � C. 1 Abshier Heights Planned Zoning District-Extension of Approved PZD Page 6 of 6 RPM06-188 ABSHIER HEIGHTS Close Up View p o SUBJECT PROPERTY f I i z / F Zii24Y t J,� �, G ❑ . t I T ddZ,d J V O R 4 4. newown oR P !WOODDREST OR t+�vr�ax ux��• /�93HIER DR w �t,.ykX F rF r. F.b a. J t- Legend ." t isbia —FLOODWAY 500 YEAR a0 ge o�erlaY — 100 YEW --- LIMIT OF STUDY - - -Baseline Profile O Fayetteville ontsitle city SM RPZM&1883 vec1o,GDl3.Footpnnt_2004 0 75 150 300 450 600 Feet Role of the Government Channel Discussion Page 1 of 16 Tayve e 1116 ARKANSAS Departmental Correspondence TO: Dan Coody, Mayor FROM: Susan B.Thomas,Ph.D.,Public Information&Policy Advisor DATE: May 27, 2008 SUBJECT: Govemment Channel Programming and Telecom Board The purpose of this memo is to brief you on several important issues related to the Fayetteville Government Channel and the Telecom Board. I understand the City Council may be addressing some of these issues tonight or next week at the Council meeting. I wanted to make sure that I provided you a thorough analysis of these issues from my perspective. Programming On April 30, 2008 the Government Channel produced a citizen initiated program titled"Fayetteville's Unique Televised Issue Forums: How they work and who can use them"(DVD attached). During this public discussion it became very clear to me that by allowing citizen initiated forums on the" Government Channel, we run the risk of eventually creating two public access channels. By creating a public forum for one group of citizens, we greatly diminish, if not eliminate, our capacity to prohibit any group with any message to access the Government Channel. The only way to ensure that the Government Channel is not an open public forum is to clearly state as much in the policy and to limit government channel programming to the"Government Only Model." According to Government Access Television Institute(GATV Institute) and the National Association of Telecommunications Officers and Advisors(NATOA), the Government Only Model means that only governmental programming is allowed. Programming other than government meetings must be affiliated and approved by a City division or department. The associations refer to this model as the strictest and safest model for government access, and it is"the direction the channel is expected to take., Since the Administration's position is to maintain the integrity of City 16 as a'government access ` channel,not a public access channel, I have instructed my staff to not rebroadcast previous public forums and to cease any activity related to the development of new public forum progcammirig or the. While this is fine as a temporary measure, the City Council will need to take a policy position on this issue and determine the course of action as it relates to establishing a public forum on the government channel. Depending on their position,Council will need to approve a new Government Channel Policy. The revised policy should state clearly whether or not the channel is a public forum and should provide a complete outline of the type of programming that will be permitted on the channel.I am prepared to make policy recommendations to you and the City Council if called to do so. C.2 Role of the Government Channel Discussion Page 2 of 16 Telecommunications Board In addition to the programming questions,there are a variety of issues on the table related to the implementation of government channel policy and procedures. However, most of these are actually symptoms of a larger problem which is confusion over the proper roles and responsibilities of the Telecommunications Board. The current Telecom Board ordinance outlines the duties of the Telecom Board, and this list includes, "Oversee the administration of the City's PEG facility." As I understand the balance of power in municipal government, administrative authority is solely an executive power and cannot be delegated by the City Council to a separate Board or authority. The misconception that the Telecom Board lids administrative authority over City of Fayetteville staff and staff assignments is problematic. As the supervisor for the Government Channel staff, it is impossible for me to effectively and efficiently manage my staff when an outside body is attempting to exert power and control over personnel and other administrative functions including the creation of procedures to implement policy. Of late,the conflict of opinion between me and certain members of the Telecom Board in this matter has become untenable and has created a negative working environment in which I am no longer willing to participate. I am respectfully requesting that you remove me from this assignment until the questions surrounding the Government Channel Policy and the roles and responsibilities of the Telecom Board are resolved. Once the City Council has clarified legislative intent of the Telecommunications Ordinance, the problems related to Government Channel procedure development will need attention. Some of these issues include: 1. If the Government Channel continues to film and broadcast meetings of other government agencies, that coverage should be at the request of those agencies and they should be charged direct costs for labor and materials. Currently the government agency is only charged if the agency requests the coverage. However if coverage is requested by a citizen, elected official, or city staff there is no charge. This policy is unfair and inconsistent and should be addressed. 2. While current procedures do address the development of candidate and issue debates, the procedures are scattered and inconsistent. If we continue to offer this programming, we should institute a clear method for creating fair and balanced debates. To summarize, the City Council must establish what kind of channel they would like City 16 to be and what programming model they prefer to follow. Once determined,the model should guide the development of a clear and concise Government Channel Policy. The City Council must also clarify the role of the Telecommunications Board. If they are truly an advisory body, a change in the language of the ordinance is required. Finally, I believe that you and the City Council should encourage the Telecommunications Board to pursue matters of city-wide importance including telecommunication infrastructure,public information access and availability, franchise agreements, needs and interest studies and the like. C.2 FAYETTEVILLE Government ann Discussion ge3of 16 THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Dan Coody, Mayor City Council CC: Susan Thomas, Public Information & Policy Advisor Telecom Board FROM: Kit Williams, City Attorney `'-�Ji)/ ----•-•--.--........____ DATE: May 27, 2008 RE: Government Channel and Public Forums Presenting public forums on the Government Channel is not illegal or unconstitutional. Federal law allows cities to require cable systems operating within their cities to carry the PEG (Public, Education, Government) channels. Fayetteville has long made carrying the PEG channels a requirement of our cable franchises (both Cox and AT&T). We are the only local city in Northwest Arkansas to do so. The Education Channel is primarily for local school district use although we have contracted with the U of A as the chief operator while ensuring access for the Fayetteville School District. We do not mandate forums on educations issues be carried on the Education Channel. The Public Access Channel is run by an independent non-profit contractor (Community Access Television or CAT) and has been previously operated by FOCUS (Fayetteville Open Channel). The Public Access Channel is a public forum for the community to use to express themselves by producing forums, shows, interviews, entertainment, singing, preaching, or whatever original programming our citizens would like to cablecast. Public Access is the embodiment of the First Amendment's freedom of expression for television production. Our contracts with the independent contractors operating the Public Access Channel (out of the shared TV Studio on Rock Street) have always required inexpensive training for citizens desiring to learn how to film and produce their own shows. Many