HomeMy WebLinkAbout2009-11-17 - Agendas - Final Aldermen
Ward 1 Position 1—Adella Gray
Mayor Lioneld Jordan Ward 1 Position 2—Brenda Thiel
Taye eel e Ward 2 Position 1 —Kyle Cook
City Attorney Kit Williams Ward 2 Position 2—Matthee w Petty
Ward 3 Position l—Robert K.Rhoads
City Clerk Sondra Smith
ARKANSAWard 3 Position 2—Robert Ferrell
S
Ward 4 Position 1 —Shirley Lucas
Ward 4 Position 2—Sarah E.Lewis
Final Agenda
City of Fayetteville, Arkansas
City Council Meeting
November 17, 2009
A meeting of the Fayetteville City Council will be held on November 17, 2009 at 6:00 PM in
Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
Presentations, Reports and Discussion Items:
A. Consent:
1. Approval of the November 3, 2009 City Council meeting minutes.
APPROVED
2. Bid # 09-63 Landers Ford Lincoln Mercury of Benton: A resolution to approve the
lowest bid from Landers Ford, Lincoln, Mercury of Benton, Arkansas in the amount of
$29,128.00 for a heavy duty, regular cab, 4x4 pickup truck for use by the Parks Division.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 226-09
3. Bid # 09-64 Sweetser Construction, Inc.: A resolution to approve an agreement
between the City of Fayetteville and Sweetser Construction, Inc. for the construction of
Doc Mashburn Park in the amount of$64,199.00 plus a 15% contingency of$9,630.00.
113 West Mountain 72701 (479)575-8323 accessfayetteville.org
TDD(Telecommunications Device for the Deaf)(479)521-1316
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 227-09
4. Ferrara Fire Apparatus: A resolution awarding bid and approving purchase of a fire
pumper apparatus and related equipment from Ferrara Fire Apparatus in the amount of
$410,200.00 for use by the Fayetteville Fire Department; and approving a 12%
contingency.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 228-09
5. Evans Construction and Remodeling, LLC: A resolution approving a contract in the
amount of$24,895.00 with Evans Construction and Remodeling, LLC for rehabilitation
of a CDBG eligible residence.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 229-09
6. 2009-2010 (ICAC) Task Force Program Continuation Grant: A resolution
authorizing the Mayor to accept a non-matching 2009-2010 Internet Crimes Against
Children (ICAC) Task Force Program Continuation Grant in the amount of $30,000.00
from the Arkansas State Police; and approving a budget adjustment recognizing the grant
revenue.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 230-09
7. AOS: A resolution to approve the purchase of a fully redundant modular chassis switch
for the Police Department from AOS pursuant to the state contract price of $70,227.00
and to approve the attached budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 231-09
8. Municipal Parking Lot # 55: A resolution to approve the attached budget adjustment
recognizing $6,500.00 in Parking Facility/Fees which will be used to replace deteriorated
curb and gutter in Municipal Parking Lot# 55
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 232-09
Agenda Additions: None
B. Unfinished Business:
1. Old Wire Annexation Appeal: An ordinance annexing that property described in
annexation petition ANX 09-3409 (CC2009-4), for property located at 3231 North Old
Wire Road, the northwest corner of Old Wire Road and Rom Orchard Road, containing
approximately 39 acres. This ordinance was left on the First Reading at the October 6,
2009 City Council meeting. This ordinance was left on the Second Reading at the
October 20, 2009 City Council meeting. This ordinance was left on the Third Reading at
the November 3, 2009 City Council meeting and Tabled to the November 17, 2009 City
Council meeting.
113 West Mountain 72701 (479)575-8323 accessfayetteville.org
TDD(Telecommunications Device for the Deaf)(479)521-1316
THIS ORDINANCE WAS TABLED TO THE DECEMBER 1, 2009 CITY
COUNCIL MEETING
2. 2010 Annual Budget & Work Program: A resolution adopting the 2010 Annual
Budget and Work Program. This resolution was Tabled at the November 3, 2009 City
Council meeting to the November 17, 2009 City Council meeting.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 233-09
C. New Business:
1. VAC 09-3444 (Ute Wilson): An ordinance approving VAC 09-3444 submitted by
Sawyer's Outdoor Solutions for property located at 2021 Ball Avenue to vacate a portion
of a utility easement containing approximately 124 square feet.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5284
2. Amend Chapter 97: An ordinance amending Title IX: General Regulations of the Code
of the City of Fayetteville, to amend sections of Chapter 97: Parks and Recreation in
order to permit special events at Lake Fayetteville that include a swimming component.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5285
3. CUP 09-3389 Barking Bed & Breakfast Appeal: An appeal of the Planning
Commission's decision to deny CUP 09-3389 Barking Bed and Breakfast located in the
1-540 Design Overlay District(DOD) west of I-540 and Shiloh Drive on the north side of
Old Farmington Road.
THIS APPEAL FAILED
4. Amend Chapter 117: An ordinance to amend Chapter 117 of the Fayetteville Code to
authorize the Fayetteville Town Center to manage the interior parking spaces of the
Fayetteville Square during and for the Lights of the Ozarks and to pass an emergency
clause.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5286
Announcements:
1. City Council Tour: November 16,2009
Adjournment: 7:55 p.m.
NOTICE TO MEMBERS OF THE AUDIENCE
All interested parties may appear and be heard before the City Council. If you wish to address
the City Council on an agenda item please queue behind the podium when the Chair asks for
public comment. Once the chair recognizes you, go to the podium and give your name and
113 West Mountain 72701 (479)575-8323 accessfayetteville.org
TDD(Telecommunications Device for the Deaf)(479)521-1316
address. Address your comments to the Chair, who is the presiding officer. The Chair will
direct your comments to the appropriate elected official, staff member or others for response.
Please keep your comments brief, to the point and relevant to the agenda item being
considered so that everyone has a chance to speak.
Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72
hour advance notice is required. For further information or to request an interpreter,please
call 575-8330.
As a courtesy please turn off all cell phones and pagers.
A copy of the City Council agenda is available at accessfayetteville.org or in the office of the
City Clerk, 113 West Mountain, Fayetteville,Arkansas.
113 West Mountain 72701 (479)575-8323 accessfayetteville.org
TDD(Telecommunications Device for the Deaf)(479)521-1316
City Council Meeting: November 17,2009 Adjourn: 7 � ��/�•
Subject: Roll
Rhoads
Ferrell e-
Lucas
Lewis
Gray
Thiel
Cook
Petty
Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
Rhoads
Ferrell
Lucas
Lewis
Gray
Thiel
Cook
Petty
Mayor Jordan
City Council Meeting: November 17,2009
Subject: Consent
Motion To:
Motion By:
Seconded:
Rhoads
Ferrell 04S
hA�nur�h Lucas /
"T-010 -Lewis f
Gray
Thiel
Cook
Petty ✓
Mayor Jordan
7
Subject:
Motion To:
Motion By:
Seconded:
Rhoads
Ferrell
Lucas
Lewis
Gray
Thiel
Cook
Petty
Mayor Jordan
City Council Meeting: November 17,2009
Subject: Old Wire Annexation Appeal
Motion To: �—I- a
Motion By:
Seconded:
B. 1 Rhoads
Unfinished Ferrell
Business Lucas
Lewis ,/
r--
O G-Qt Gray L/
Thiel
0 0 4 Cook
Petty N
Mayor Jordan
5-a
Subject: 2010 Annual Budget& Work Program
Motion To:
Motion By: �
Seconded:
B.2 Rhoads f
Unfinished Ferrell SeAN
Business Lucas
Lewis
} Gray
f Thiel
Cook
Petty
Mayor Jordan
r]
City Council Meeting: November 17,2009
Subject: VAC 09-3444 (Ute Wilson)
Motion To:
Motion By:
Seconded:
i5 iS
C. 1 Rhoads
New Ferrell SP- t
Business Lucas
Lewis A/
Gray
Thiel ✓" ,®- d•
Cook ✓" ,�
Petty
Mayor Jordan
Subject: Amend Chapter 97
Motion To: a�
Motion By:
Seconded:
C. 2 Rhoads / ✓
New Ferrell a
Business Lucas ✓
Lewis ✓ ✓
�( cQ Gray ✓ .� ✓
Thiel
a SS Cook / ✓ ,/
Petty ✓ ,/
Mayor Jordan
City Council Meeting: November 17,2009
Subject: CUP 09-3389 Barking Bed & Breakfast Appeal
Motion To: A / fj
i 1 deg 0 r- dcc �i
Motion By:
Seconded:
C. 3 Rhoads
New Ferrell
Business Lucas Al
Lewis
/p 0 Gray /,f A/
C1 J Thiel N
-- Cook Al
Petty
Mayor Jordan
Subject: Amend Chapter 117
Motion To: �hd � � oCU
�,y,
Motion By: 0
Seconded:
C. 4 Rhoads
New Ferrell
Business Lucas
Lewis
Gray
Thiel �/ �✓
dab-a" Cook
-pp„ Petty ✓'
5a284 Mayor Jordan
7-0 -0 -7 -0 719
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
KIT WILLIAMS,CITY ATTORNEY
DAVID WHITAKER,ASST.CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: Lioneld Jordan, Mayor
THRU: Sondra Smith, City Clerk
FROM: Kit Williams, City Attorney �—
DATE: November 18, 2009
RE: Resolutions and Ordinances prepared by the City Attorney's Office and
passed at the City Council meeting of November 17, 2009
1. Bid #09-63 Landers Ford Lincoln Mercury of Benton: A resolution to
approve the lowest bid from Landers Ford, Lincoln, Mercury of Benton, Arkansas in
the amount of$29,128.00 for a heavy duty, regular cab 4x4 pickup truck for use by
the Parks Division;
2. Bid #09-64 Sweetser Construction, Inc.: A resolution to approve an
agreement between the City of Fayetteville and Sweetser Construction, Inc. for the
construction of Doc Mashburn Park in the amount of $64,199.00 plus a 15%
contingency of$9,630.00;
3. Ferrara Fire Apparatus: A resolution awarding bid and approving purchase
of a fire pumper apparatus and related equipment from Ferrara Fire Apparatus in the
amount of$410,200.00 for use by the Fayetteville Fire Department; and approving a
12% contingency;
4. Evans Construction and Remodeling, LLC: A resolution approving a
contract in the amount of $24,895.00 with Evans Construction and Remodeling,
LLC for rehabilitation of a CDBG eligible residence;
5. 2009-2010 (ICAC) Task Force Program Continuation Grant: A
resolution authorizing the Mayor to accept a non-matching 2009-2010 Internet
Crimes Against Children Task Force program continuation grant in the amount of
$30,000.00 from the Arkansas State Police; and approving a budget adjustment
recognizing the grant revenue;
6. AOS: A resolution to approve the purchase of a fully redundant modular
chassis switch for the police department form AOS pursuant to the State Contract
price of$70,227.00 and to approve the attached budget adjustment;
7. Municipal Parking lot #55: A resolution to approve the attached budget
adjustment recognizing $6,500.00 in parking facility/fees which will be used to
replace deteriorated curb and gutter in Municipal Parking Lot#55;
8. 2010 Annual Budget & Work Program: A resolution adopting the 2010
Annual Budget and Work Program;
9. Amend Chapter 117: An ordinance to amend Chapter 117 of the Fayetteville
Code to authorize the Fayetteville Town Center to manager the interior parking
spaces of the Fayetteville Square during and for the Lights of the Ozarks and to pass
an emergency clause.
2
Aldermen
Ward 1 Position 1—Adella Gray
Mayor Lioneld Jordan Ward 1 Position 2—Brenda Thiel
Taye eel e Ward 2 Position 1 —Kyle Cook
City Attorney Kit Williams Ward 2 Position 2—Matthee w Petty
Ward 3 Position l—Robert K.Rhoads
City Clerk Sondra Smith
ARKANSAWard 3 Position 2—Robert Ferrell
S
Ward 4 Position 1 —Shirley Lucas
Ward 4 Position 2—Sarah E.Lewis
Final Agenda
City of Fayetteville, Arkansas
City Council Meeting
November 17, 2009
A meeting of the Fayetteville City Council will be held on November 17, 2009 at 6:00 PM in
Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
Presentations, Reports and Discussion Items:
A. Consent:
1. Approval of the November 3, 2009 City Council meeting minutes.
2. Bid # 09-63 Landers Ford Lincoln Mercury of Benton: A resolution to approve the
lowest bid from Landers Ford, Lincoln, Mercury of Benton, Arkansas in the amount of
$29,128.00 for a heavy duty, regular cab, 4x4 pickup truck for use by the Parks Division.
3. Bid # 09-64 Sweetser Construction, Inc.: A resolution to approve an agreement
between the City of Fayetteville and Sweetser Construction, Inc. for the construction of
Doc Mashburn Park in the amount of$64,199.00 plus a 15% contingency of$9,630.00.
4. Ferrara Fire Apparatus: A resolution awarding bid and approving purchase of a fire
pumper apparatus and related equipment from Ferrara Fire Apparatus in the amount of
$410,200.00 for use by the Fayetteville Fire Department; and approving a 12%
contingency.
113 West Mountain 72701 (479)575-8323 accessfayetteville.org
TDD(Telecommunications Device for the Deaf)(479)521-1316
5. Evans Construction and Remodeling, LLC: A resolution approving a contract in the
amount of$24,895.00 with Evans Construction and Remodeling, LLC for rehabilitation
of a CDBG eligible residence.
6. 2009-2010 (ICAC) Task Force Program Continuation Grant: A resolution
authorizing the Mayor to accept a non-matching 2009-2010 Internet Crimes Against
Children (ICAC) Task Force Program Continuation Grant in the amount of $30,000.00
from the Arkansas State Police; and approving a budget adjustment recognizing the grant
revenue.
7. AOS: A resolution to approve the purchase of a fully redundant modular chassis switch
for the Police Department from AOS pursuant to the state contract price of $70,227.00
and to approve the attached budget adjustment.
8. Municipal Parking Lot # 55: A resolution to approve the attached budget adjustment
recognizing $6,500.00 in Parking Facility/Fees which will be used to replace deteriorated
curb and gutter in Municipal Parking Lot# 55
Agenda Additions:
B. Unfinished Business:
1. Old Wire Annexation Appeal: An ordinance annexing that property described in
annexation petition ANX 09-3409 (CC2009-4), for property located at 3231 North Old
Wire Road, the northwest comer of Old Wire Road and Rom Orchard Road, containing
approximately 39 acres. This ordinance was left on the First Reading at the October 6,
2009 City Council meeting. This ordinance was left on the Second Reading at the
October 20, 2009 City Council meeting. This ordinance was left on the Third Reading at
the November 3, 2009 City Council meeting and Tabled to the November 17, 2009 City
Council meeting.
Left on the Third Reading
2. 2010 Annual Budget & Work Program: A resolution adopting the 2010 Annual
Budget and Work Program. This resolution was Tabled at the November 3, 2009 City
Council meeting to the November 17, 2009 City Council meeting.
C. New Business:
1. VAC 09-3444 (Ute Wilson): An ordinance approving VAC 09-3444 submitted by
Sawyer's Outdoor Solutions for property located at 2021 Ball Avenue to vacate a portion
of a utility easement containing approximately 124 square feet.
2. Amend Chapter 97: An ordinance amending Title IX: General Regulations of the Code
of the City of Fayetteville, to amend sections of Chapter 97: Parks and Recreation in
order to permit special events at Lake Fayetteville that include a swimming component.
113 West Mountain 72701 (479)575-8323 accessfayetteville.org
TDD(Telecommunications Device for the Deaf)(479)521-1316
3. CUP 09-3389 Barking Bed & Breakfast Appeal: An appeal of the Planning
Commission's decision to deny CUP 09-3389 Barking Bed and Breakfast located in the
I-540 Design Overlay District (DOD) west of I-540 and Shiloh Drive on the north side of
Old Farmington Road.
4. Amend Chapter 117: An ordinance to amend Chapter 117 of the Fayetteville Code to
authorize the Fayetteville Town Center to manage the interior parking spaces of the
Fayetteville Square during and for the Lights of the Ozarks and to pass an emergency
clause.
Announcements:
1. City Council Tour: November 16,2009
Adjournment:
NOTICE TO MEMBERS OF THE AUDIENCE
All interested parties may appear and be heard before the City Council. Ifyou wish to address
the City Council on an agenda item please queue behind the podium when the Chair asks for
public comment. Once the chair recognizes you, go to the podium and give your name and
address. Address your comments to the Chair, who is the presiding officer. The Chair will
direct your comments to the appropriate elected official, staff member or others for response.
Please keep your comments brief, to the point and relevant to the agenda item being
considered so that everyone has a chance to speak.
Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72
hour advance notice is required For further information or to request an interpreter,please
call 575-8330.
As a courtesy please turn off all cellphones and pagers.
A copy of the City Council agenda is available at accessfayetteville.org or in the office of the
City Clerk, 113 West Mountain, Fayetteville,Arkansas.
113 West Mountain 72701 (479)575-8323 accessfayetteville.org
TDD(Telecommunications Device for the Deaf)(479)521-1316
A' A//- 49�9
Evans Construction and
Remodeling,LLC
Page 1 oft
CITY COUNCIL AGENDA MEMO
To: Mayor and Council �p
Thru: Jeremy Pate, Director of Development Services (�
From: Yolanda Fields, CS Dire t
Date: November 10, 2009
Subject: Additional Information—CDBG Rehabilitation Project
Attachment:
Affidavit of Publication—Bid Ad
HUD Contractor Requirement (24 CFR Part 35)Lead Safe Home Rule
All contractors working on CDBG Rehabilitation Projects must be trained and certified to
work with lead-based paint. The last free training session was held in March 2008.
CDBG staff contacted 50 local NWA contactors in reference to the training. Of those
contacted 5 attended the training. The certified contractors are eligible to bid on current
CDBG Rehabilitation projects.
A.5
Evans Construction and
Remodeling,LLC
Page 2 of 2
kkmasDemommonem
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
(Lowell) and Pulaski County, Arkansas and, that from my own personal .
knowledge and reference to the files of said publication, the
advertisement of:
City of Fayetteville- CDBG- Bid-02123-09038
Was inserted in the Statewide Editions on
September 20 & 27,2009 .
Publication Charge: $ {107.50
Signed:
Subscribed and sworn to before me
This 30 day of2009.
Notary Public -rt�7 �
My Commission Expires: u
0�'0'NIM��A'QL
o w':tp
t
w•
M'11 01 3
CUP 09-3389 Barking Bed
Inn&suites Breakfast Appeal
Page 1 of 6
November 9,2009
Fayetteville City Counsel
113 West Mountain Street
Fayetteville, Arkansas 72701
Re: CUP 09-3389 (Barking Bed& Breakfast-2650 Old Farmington Road)
Dear Ladies & Gentlemen:
As the owner and managing partner for the Microtel Inn and Suites in Bentonville, we are
located approximately 175 feet from Doggie Days Day Care in Bentonville. This
business has no adverse effect on our customers. I do not lose business because of
Doggie Days Day Care. They have approximately 30 to 40 dogs a day at this facility. If
anyone has any questions please do not hesitate to call me 479-271-6699.
Sincerely, —7
J ' 3t L
Christopher Talley
911 SE Walton Blvd Bentonville,AR 72712
;),` j,
C.3
Subject Property: CUP 09-3389 Barking Bed
Breakfast Appeal
gfN7onvn�72M2 Bird's Eye View Page 2 of s
owner BENTONVILLE N07EL DEVELOPERS ax:KTe•6M's ere"on the tla5hW&M cosec the mac.
LLC Note:At,ii the lotaoa�s ha"o, &io's ere ieMr
1001 SE WALTON BLVD
BEWToNVILL 72712-5775 Show DashBoard L+I Show Boundaries
PID 91-12943.900
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CUP 09-3389 Barking Bed
Subject Property: Breakfast Appeal
Address 2650 W OLD FARMINGTDN R➢
FAYErrE57ILE 72704 Bird's Eye View Page 3 of 6
owner CHAMBERS,MELANIE. / Cockthe"elyd'S eye'm me CdshtneN rosea the map,
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Breakfast Appeal
Page 4 of 6
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Nov. 12. 2009 12: 26PM LA QUINTA BENTONVILLE No, 1020 P. 2/2
C.3
CUP 09-3389 Barking Bed
Breakfast Appeal
Page 5 of 6
November 12, 2009
To whom it may concern,
I am the General Manager at the La Quinta Inn& Suites in Bentonville and our property is
located by a dog daycare, Dog Days. We are approximately 300 feet from this business. We have
been open since November,2005 and I have been here since opening.
I want to share with you how our relationship with Dog Days has gone since opening. We have
not had any complaints regarding dog barking, excessive noise, or odor coming from Dog Days.
They house approximately 30-40 dogs a day or more at this facility. We actually over the years
have utilized their location to house animals for travelers while they were away for the day, as
we are pet friendly. I don't foresee any concerns with having such a business next door to a hotel
facility such as ours, as long as the business owner themselves carries regulations like bringing
the animals in at a certain time of night. I have spoken with Ms. Melanie Chambers regarding
this issue and she has regulations in place that would not hinder any need for concern of
excessive noise.
If I can be of any additional assistance please let me know.
Sincerely,
Kim
General Manager
La Quinta Inn & Suites—Bentonville, AR
479-271-7555
LqO790gm@laquinta.com
I
E
Ii
1001 SE Walton Blvd. Bentonville,AR 72712 • Tel: 479-271-7555 • Fax: 479-271-6262
C.3
Subject Property: CUP 09-3389 Barking Bed
Breakfast Appeal
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City Council Meeting Minutes
November 3,2009
Page l of 11
Aldermen
Ward I Position 1 —Adella Gray
Faye
Ward 1 Position 2—Brenda Thiel
Mayor Lioneld 7ordan Ward 2 Position 1—Kyle B.Cook
Ward Position 2—Matthew Petty
City Attorney Kit Williams Ward 3 Position 1—Robert K.Rhoads
ARKANSAS Ward 3 Position 2—Robert Ferrell
City Clerk Sondra Smith Ward 4 Position 1 —Shirley Lucas
Ward 4 Position 2—Sarah E.Lewis
City of Fayetteville Arkansas
City Council Meeting Minutes
November 3, 2009
A meeting of the Fayetteville City Council was held on November 3, 2009 at 6:00 p.m. in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Mayor Jordan called the meeting to order.
PRESENT: Alderman Gray, Thiel, Cook, Petty, Rhoads, Ferrell, Lucas, Lewis, Mayor
Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
Alderman Rhoads arrived at 6:05 p.m.
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recoenitions:
Mayor Jordan announced that the City of Fayetteville was honored to receive two of twelve
awards distributed at the 8f' Annual Fayetteville Chamber of Commerce Construction and
Developers Committee Banquet. He stated Waste Water System Improvement Project was a
recipient of the Infrastructure Award. The City Trails System and the refurbished Fayetteville
Square received the Legacy of Fayetteville Award. Mayor Jordan thanked City staff for their
work on those projects and the City Council for providing the funding and approving the
projects. He also thanked the people of Fayetteville for their dedication to making Fayetteville
one of the best places to live or play in America.
Mayor Jordan honored Boy Scout Troop #142. He asked them to stand and be recognized. He
thanked them for visiting his office and stated I was honored to be able to visit with 21 troop
members and their scout masters today. T hey asked excellent and insightful questions. You
all do a wonderful job and we thank you for all that you do for our community.
Mayor Jordan recognized three news reporting classes from the Walter J. Lempke Department
of Journalism headed up by Gerald Jordan. He asked them to stand and be recognized.
113 West Mountain 72701 (479)575-8323 accessfayetteville.org
TDD(Telecommunications Device for the Deaf)(479)521-1316
City Council Meeting Minutes
November 3,2009
Page 2 of 11
Exchange Club Officer of the Year Award- Cory Roberts
Police Chief Greg Tabor: Every year the Exchange Club gives an officer of the year award. It
is not unusual for a Fayetteville Police Officer to win that award and this year is no exception.
Officer Cory Roberts received the award for the work he has done over the past year. Chief
Tabor summarized Cory's work history with the Fayetteville Police Department. He asked Cory
to come forward and be recognized.
Mayor Jordan presented Cory Roberts with a certificate expressing the City's appreciation.
Presentations, Reports and Discussion Items: None
Consent:
Approval of the October 20, 2009 City Council meeting minutes.
Approved
2009 Bulletproof Vest Partnership Program: A resolution authorizing the Mayor to accept a
Bulletproof Vest Partnership (BVP) Grant in the amount of $19,600.00 from the U.S.
Department of Justice for replacement of bulletproof vests for police officers; and approving a
budget adjustment recognizing the grant revenue.
Resolution 218-09 as recorded in the office of the City Clerk.
Arkansas Democrat-Gazette, Inc.: A resolution to approve a contract with Arkansas
Democrat-Gazette, Inc. for retail and classified advertising.
Resolution 219-09 as recorded in the office of the City Clerk.
Ozark Regional Transit: A resolution to approve an agreement with Ozark Regional Transit to
use $387,500.00 for sidewalk, transit shelter and bench concrete pad construction and to approve
a budget adjustment recognizing this revenue.
Resolution 220-09 as recorded in the office of the City Clerk.
Fayetteville Animal Shelter Donation: A resolution approving a 2009 budget adjustment in
the donation revenue balance of the Fayetteville Animal Shelter in the amount of$13,707.00.
Resolution 221-09 as recorded in the office of the City Clerk.
Amend Police Department's Policies, Procedures & Rules Manual: A resolution approving
and adopting amendments to the Fayetteville Police Department's Policies, Procedures & Rules
Manual. This resolution was tabled at the October 6, 2009 City Council meeting to the October
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20, 2009 City Council meeting. This resolution was tabled at the October 20, 2009 City Council
meeting to the November 3, 2009 City Council meeting. This item was moved from Unfinished
Business to the Consent Agenda at the October 27, 2009 Agenda Session.
Resolution 222-09 as recorded in the office of the City Clerk.
Alderman Cook moved to approve the Consent Agenda as read. Alderman Petty seconded
the motion. Upon roll call the motion passed unanimously.
Alderman Cook announced the upcoming Board and Committee vacancies.
Agenda Additions: None
Unfinished Business:
Old Wire Annexation Appeal: An ordinance annexing that property described in annexation
petition ANX 09-3409 (CC2009-4), for property located at 3231 North Old Wire Road, the
northwest corner of Old Wire Road and Rom Orchard Road, containing approximately 39 acres.
This ordinance was left on the First Reading at the October 6, 2009 City Council meeting. This
ordinance was left on the Second Reading at the October 20, 2009 City Council meeting.
Alderman Cook moved to suspend the rules and go to the third and final reading.
Alderman Ferrell seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Development Services Director: The applicant is not able to be present tonight
and has requested that this item be tabled for two weeks. I spoke with some of the neighbors and
several of them are present to discuss their concerns. I would ask that we have public comment
tonight.
Jeff Dangeau, resident at 3284 Rom Orchard Rd.just outside the city limits spoke in opposition
to the ordinance. He asked the Council to focus their attention to the report submitted by the
Planning Commission staff which concluded that annexation was not a good for this area.
Peggy Hart, resident of 521 E. Ash spoke on behalf of her parents Lyle and Charlene Smith who
live at 3119 Rom Orchard Rd. outside the city limits. She expressed her concerns with the traffic
in that area. She stated this will add more congestion to the area. She spoke in opposition to the
ordinance.
Cindy Knox, a citizen stated the proposed subdivision is not a good fit for the area. She also
expressed her concerns with the traffic. She spoke in opposition to the ordinance.
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Colleen Gaston, resident of 3270 Rom Orchard Rd. just outside the city limits voiced her
concerns with the density and zoning. She stated there is no rush to annex this into the city at
this point. She spoke in opposition to the ordinance.
Larry Floyd, resident of 3162 Rom Orchard Rd. expressed his concerns with the traffic safety in
that area. If this is annexed does that mean that sewer, sidewalks, and bike paths would be put in
all the way to Highway 265?
Jeremy Pate: It is not likely that all the improvements would go all the way to Highway 265
but we would look at the development and usually those types of improvements occur along the
property frontage. The City only has ability to require so much in any development.
Larry Floyd: In front of there that would be the only place there would be a sidewalk but it
would go no where except to a pasture. It has been denied for annexation in the past. I just
wanted to bring that to your attention.
Terry Payton, resident of 3845 Bridgewater expressed his concerns with the annexation. He
stated my idea of how that should be developed and Mr. Broyles ideas are different.
Roy Rom, resident of 3098 Rom Orchard Rd. spoke in opposition to the ordinance. He stated
there is no compelling reason to annex this land.
Alderman Petty: Jeremy, exactly what kind of power are we given over land that is in our
planning area?
Jeremy Pate: We are given subdivision authority which allows the city to review a project
anytime there is a subdivision of land. We are not given power over land use or the zoning in the
County. That is entirely within the jurisdiction of Washington County.
Alderman Ferrell: Were there any other public comments that came from citizens inside the
city limits?
No one came forward for public comment.
Alderman Cook moved to table the ordinance to the November 17, 2009 City Council
meeting. Alderman Ferrell seconded the motion. Upon roll call the motion passed
unanimously.
This ordinance was Tabled to the November 17, 2009 City Council meeting.
Public Hearing:
Raze and Removal at 369 E. Center Street: A resolution ordering the razing and removal of a
dilapidated and unsafe structure owned by Bobby E. York and located at 369 E. Center Street in
the City of Fayetteville, Arkansas, and approving a budget adjustment.
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Yolanda Fields, Community Services Director gave a brief description of the item. She
referenced the pictures of the property and pointed out that the structure was in fact a safety
hazard.
Alderman Lewis: Did you find anything out about reusing the materials?
Yolanda Fields: We did get the information from the Purchasing office on the company that did
work with the Airport and we will add them to our bid list. As you can see in some of the
pictures I do not believe that there would be anything reusable from this structure but we will be
including them on the bid list from now on.
Alderman Petty: I am looking at the picture and there are reusable pieces, especially the rocks
and things that make up the foundation. I am going to support this but I would really encourage
that we do a little extra homework and contact some of the non-profits here.
Yolanda Fields: I will research with the City Attorney but we would be moving to do the raze
and removal. As far as the City being able to give any of this to other agencies, it belongs to the
property owner and I don't know what position that would put us in.
City Attorney Kit Williams: That is correct. Assuming that you all determine that this is an
appropriate structure, that meets the requirements for raze and removal, then our only power is to
raze and remove that not to provide materials to other groups. It is our hope that the owner
normally steps forward and actually does this. Most of the cases that have come before us in the
last decade the owners finally stepped in and did the right thing by getting rid of the structure. If
that does not happen we will bid it out to be razed and removed. It is not in our power to give
away materials because this is not a structure that we are trying to buy and then give to someone
else. We are getting rid of a safety hazard.
Alderman Petty: So are you telling me that if it comes through and the owner doesn't step
forward then we have the power to tear it down and put it in a landfill but we don't have the
power to tear it down and give it to somebody who can use it?
City Attorney Kit Williams: That is probably correct. We have the power to raze and remove.
That is what the statute gives us the right to do. We hire a contractor to do that. He explained
the contractor's responsibilities. He stated if we do not follow the state law we are not going to
be entitled to that lien and we are not going to be able to get our cost back.
Alderman Petty: That is disappointing that it is so restrictive. I would hope we could structure
the bid in such a way that the appropriate use of the materials was required from the beginning.
If the state does not allow that then we have to follow the law.
Alderman Lucas: It seems strange that we can tear something down and take it to a landfill but
we could not utilize the things. We can look at that in the future.
City Attorney Kit Williams: The Legislature may want to take a look at that state law because
we follow it exactly when it comes to this procedure.
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Alderman Lewis: On something like this what is the point of view of the property owner?
City Attorney Kit Williams referenced page 7 in the packet and stated they have been notified.
Yolanda Fields: We have been working with the property owners since June and if you look at
the picture we have posted signs in front of the property. They also received notification of this
public hearing.
Alderman Ferrell: Kit would you seek an Attorney General's opinion on this? When we are
ready to impose regulations we will just jump way out there but when we are trying to do
something that seems to make sense we are stepping back. I agree with Matthew. If we are
going to tear this to the ground it might be worth getting an Attorney General's opinion on this
and then allow us to pass local legislation. It just doesn't sound logical to me.
City Attorney Kit Williams: We base everything on the state law. That is why we have done
what we have in the past. I will be happy to ask the Attorney General for you.
Alderman Ferrell: If that doesn't work then maybe we can go to our legislative delegation. It
is worth doing right.
Alderman Thiel: So you are not suggesting we hold this?
Alderman Ferrell: No.
Alderman Thiel: I don't know how much salvageable material you would find in an old
wooden structure. I think it is problematic and I can see a lot of issues here.
City Attorney Kit Williams reminded the Council the purpose of a public hearing.
Alderman Gray: We are asking our attorney to find out if we can give it away. What is it that
we are asking him to ask the Attorney General?
Alderman Ferrell: We have had incidents like this in the past and I think we will have some
more in the future. If we are going to hold a public hearing and then pass legislation authorizing
the City to raze and remove it would be logical and make sense to me that we could reuse
material.
Alderman Gray: I agree completely. So we are asking for permission to reuse it in some way.
Alderman Ferrell: Yes.
Alderman Gray: That makes a lot of sense to me.
Mayor Jordan opened the Public Hearine
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Paula Marinoni, a citizen spoke on the demolition process and sorting materials safely. She
expressed her concerns on lead based paint materials being reused and asbestos issues.
Alderman Lewis: We bid this out to companies and that is their profession. They work with
permitting.
City Attorney Kit Williams: I think that is correct and the bid would be all inclusive so that
they would be responsible for razing it, demolishing the building, and removing the property
safely which would include any recycling they want to do. Also removal of hazardous materials
would all be a part of their contract.
Yolanda Fields: That's correct.
Alderman Petty: Could we write the bid such that companies are required to disclose what they
plan to do with the materials?
Yolanda Fields: I don't see why not.
Alderman Thiel moved to approve the resolution. Alderman Lewis seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 223-09 as recorded in the office of the City Clerk.
Mayor Jordan closed the Public Hearing
New Business:
Waste Management Contract, Bid#09-61: A resolution awarding Bid#09-61 and approving a
contract with Waste Management of Arkansas for hauling and disposal of municipal waste.
David Jurgens, Utilities Director gave a brief description of the bid process.
Alderman Ferrell: I certainly think it is a good idea to use a local business when we can but I
have a question. The length of the contract that I am looking at is five years with a contingency
to lengthen that if we need to. Are you aware of the possible development of some local
technology that might help make this less expensive?
David Jurgens: Yes sir I am. We work with those organizations that are trying to experiment
and find better ways to do business. They all have to be approved by ADEQ for that
experimental process. It is rare that one of those can get approved in less than three years and
that is only after they have started pilot programs. So the likelihood of being completed and
ready to be permitted prior to this five year period is pretty slim. Given the price that we have on
this contract compared to the #2 bidder we are getting a good deal right now. We will continue
to try any other method that we can find in order to find alternative methods of getting rid of our
trash.
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