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HomeMy WebLinkAbout2012-11-08 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray 7ayve e�l e Ward 1 Position 2—Brenda Boudreaux City Attorney Kit Williams Ward 2 Position 1 —Mark Kinwn Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting November 08, 2012 This meeting date was changed from November 06, 2012 to November 08, 2012 due to the General election. A meeting of the Fayetteville City Council will be held on November 08, 2012 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: City Council Meeting Presentations, Reports and Discussion Items: 1. Town and Gown Advisory Committee Appointment: WILL HANSEN APPROVED Agenda Additions: A. Consent: 1. Approval of the October 16, 2012 City Council meeting minutes. APPROVED 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 2. Amend Resolution No. 81-09, Animal Services Advisory Board: A resolution amending Resolution No. 81-09 to reduce the total number of members of the Animal Services Advisory Board and re-designating certain membership composition of the board. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 200-12 3. Animal Services Donation Revenue: A resolution approving a budget adjustment in the amount of $10,732.00 representing donation revenue to Animal Services for the third quarter of 2012. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 201-12 4. Fourth Judicial District Drug Task Force Training: A resolution approving a budget adjustment in the amount of $2,000.00 representing donation revenue from the Washington County Prosecutor's Office Drug Control Fund to the Fayetteville Police Department in support of training of the Fourth Judicial District Drug Task Force's Domestic Highway Enforcement Unit. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 202-12 5. 2012 Bulletproof Partnership Grant Award: A resolution authorizing acceptance of a fifty percent (50%) matching grant award from the 2012 Bulletproof Vest Partnership Program in the amount of$9,100.00 for the replacement of twelve (12) body armor vests for Fayetteville police officers, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 203-12 6. Washington County Jail Services Interlocal Agreement: A resolution approving an amendment to the jail services Interlocal agreement with Washington County, Arkansas, continuing fees at $60.00 per booked prisoner for calendar year 2013. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 204-12 7. Fayetteville Police Department Policies: A resolution approving Fayetteville Police Department Policies 1.3.1 Use of Force; 84.1.1 Property Management, Acquired & In- Custody; 42.1.1 Criminal Investigations; 83.1 Collection and Preservation of Evidence; 44.1.1 Juvenile Operations; 41.2.11 Use of Department Vehicles; 1.2.2 Warrantless Detention, Search & Seizure; and 42.1.1 Vice, Drugs and Organized Crime. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 205-12 8. Margot Khavinson Estate Settlement Agreement: A resolution approving a settlement agreement with the Margot Khavinson Estate, concerning condemnation litigation filed as part of the N. Garland Avenue Widening and Improvement Project in the total amount of$18,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 206-12 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 9. Bid #12-72 Pick-It Construction: A resolution awarding Bid #12-72 and authorizing a contract with Pick-It Construction, Inc. in the total amount of $343,900.00 for the construction of improvements to an aircraft hangar at Drake Field contingent upon a grant award, amending Resolution No. 95-12 to correct a transposition error regarding Task Order No. 9 to the contract with McClelland Consulting Engineers related to this project, approving application for and acceptance of an 80/20 matching grant from the Arkansas Department of Aeronautics to provide funding for this project and approving a budget adjustment authorizing airport fund matching expense and recognizing grant revenue, contingent upon approval of the grant application and receipt of grant funds. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 207-12 10. Drake Field Fuel Sales: A resolution approving a budget adjustment in the amount of $27,000.00 to recognize revenue and associated expense associated with fuel sales at Drake Field. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 208-12 11. Thrash Development: A resolution approving a budget adjustment in the amount of $15,000.00 recognizing revenue from Thrash Development for its contribution toward improvements to the East Avenue and Meadow Street sidewalks. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 209-12 B. Unfinished Business: 1. RZN 12-4166 (South of Brookbury Crossing & East of Candlewood Developments/Riggins): An ordinance rezoning that property described in rezoning petition RZN 12-4166, for approximately 20.99 acres, located to the south of Skillern Road from R-A, Residential Agricultural to RSF-0.5, One Half Single-Family Units Per Acre. This ordinance was left on the First Reading at the August 21, 2012 City Council meeting and Tabled to the September 18, 2012 City Council meeting. This ordinance was left on the First Reading at the September 18, 2012 City Council meeting and Tabled to the October 16, 2012 City Council meeting. This ordinance was left on the Second Reading at the October 16, 2012 City Council meeting THIS ITEM WAS TABLED INDEFINITELY. C. Public Hearing: 1. Dynasty Taxi: A resolution granting a Certificate of Public Convenience and Necessity to Dynasty Taxi Service, Inc. for the operation of a total of fifteen (15) to thirty (30) taxicabs in the City of Fayetteville. This resolution was Tabled at the October 16, 2012 City Council meeting to the November 8, 2012 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 210-12 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 D. New Business: 1. Tree Preservation and Protection Variance: A resolution to approve a variance from the Tree Preservation and Protection Chapter of the UDC for LSD 12-4215 to allow off- site tree preservation, on and off-site mitigation tree planting and eliminating any further penalty for the removal of some canopy in 2008. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 211-12 2. ADM 12-4254 (R-PZD 12-4079 Project Cleveland): An ordinance amending a Residential Planned Zoning District entitled R-PZD 12-4079, Project Cleveland, located at the Northwest corner of Razorback Road and Hall Avenue, containing approximately 2.71 acres, extending the time frame to obtain all necessary permits to begin construction by December 19, 2014. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5541 E. City Council Agenda Session Presentations: 1. Economic Development Quarterly Report Presentation by Chung Tan and Steve Clark F. City Council Tour: G. Announcements: Adjournment: 7:45 p.m. NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aides in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. 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. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting: November 8,2012 Adjourn: LIS /U4_ Subject: Roll OI AX"- Ferrell rpwAvt Adams �f at Lewis L/ Gray ,/ Boudreaux r/ /Ct�sts Kinion "t!�a Petty Tennant Mayor Jordan Subject: Town and Gown Advisory Committee Appointment Motion To: rb J Motion By: Seconded: &a1-to Ferrell QfiSe Adams ✓ _ c1 Lewis ✓ � ', i e f @4 � ✓ --- Gray Boudreaux KinionS Petty ✓ Tennant Mayor Jordan City Council Meeting: November 8,2012 Subject: Consent Motion To: Motion By: Seconded: G� Ferrell y� M� ¢ Adams Lewis i/ Gray Boudreaux Kinion 5 Petty v� Tennant ' Mayor Jordan Subject: Motion To: Motion By: Seconded: Ferrell Adams Lewis Gray Boudreaux Kinion Petty Tennant Mayor Jordan City Council Meeting: November 8,2012 Subject: RZN 12-4166 (South of Brookbury Crossing& East of Candlewood Developments/Riggins) Motion To: (V)&A 4V a a Motion By: . Seconded: p B. 1 Ferrell �S Unfinished Adams Business Lewis £' t0 ✓ Gray ��(Q Boudreaux ,0 �n WAI Petty i, s CA O sewk tao _ "AAt vo�c Tennant G f Mayor Jordan Subject: Motion To: Motion By: Seconded: Ferrell Adams Lewis Gray Boudreaux Kinion Petty Tennant Mayor Jordan City Council Meeting: November 8,2012 Subject: D nas Taxi Motion To: p pp Motion By: p2?.rA/iS U Seconded: C. 1 Ferrell P Public Adams Hearing Lewis 0 Gray 1 P Boudreaux Nea rn Kinion ^ CCnsAcP Petty 210-a Tennant a bsu t tLw n m,P® Mayor Jordan Subject: Motion To: Motion By: Seconded: Ferrell Adams Lewis Gray Boudreaux Kinion Petty Tennant Mayor Jordan City Council Meeting: November 8,2012 Subject: Tree Preservation jand yPPr�otection Variance Motion To: ' """'" Motion By: Seconded: D. 1 Ferrell 1S New Adams Business Lewis ✓ tf Gray Boudreaux �y Kinion 5/Gih Petty 045e-* AVJ G 4A va-c, Tennant a� Mayor Jordan Subject: ADM 12-4254 -PZD 12-4079 Project Cleveland) Motion To: A 44 Motion By: Seconded: D. 2 Ferrell New Adams Business Lewis t/ Gray v (� Boudreaux ✓ Vinion PettyUoJo 4,k Io Slur is Spar$ �iz4 if ut'n� Tennant Mayor Jordan /' !� • ay e ev11e Departmental Correspondence kI LECUL ARKANSAS DEPARTMENT Kit Williams City Attorney Jason B.Kelley Assistant City Attorney TO: Mayor Jordan THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attorney DATE: November 9, 2012 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of November 8, 2012 1. Amend Resolution No. 81-09: A resolution amending Resolution No. 81-09 to reduce the total number of members of the Animal Services Advisory Board'and redesignating certain membership composition of the Board. 2. Animal Services Donation Revenue: A resolution approving a budget adjustment in the amount of $10,732.00 representing donation revenue to Animal Services for the third quarter of 2012.- 3. 012.,3. Fourth Judicial District Drug Task Force Training: A resolution approving a budget adjustment in the amount of$2,000.00 representing donation revenue from the Washington County Prosecutor's Office Drug Control Fund to the Fayetteville Police Department in support of training of the Fourth Judicial District Drug Task Force's Domestic Highway Enforcement unit. 4. 2012 Bulletproof Partnership Grant Award: A resolution authorizing acceptance of a 50% matching grant award from the 2012 Bulletproof Vest Partnership Program in the amount of$9,100.00 for the replacement of 12 body armor vests for Fayetteville Police Officers, and approving a budget adjustment. 5. Washington County Jail Services Interlocal Agreement: A resolution approving an amendment to the Jail Services Interlocal Agreement with Washington County, continuing fees at $60.00 per booked prisoner for calendar year 2013. i 6. Fayetteville Police Department Policies: A resolution approving Fayetteville Police Department Policies 1.3.1 Use of Force; 84.1.1 Property Management, Acquired & In-Custody; 42.1.1 Criminal Investigations; 83.1 Collection and Preservation of Evidence; 44.1.1 Juvenile Operations; 41.2.11 Use of Department Vehicles; 1.2.2 Warrantless Detention, Search & Seizure; and 43.1.1 Vice, Drug$ and Organized Crime. 7. Margot Khavinson Estate Settlement Agreement: A resolution approving a settlement agreement with the Margot Khavinson Estate, concerning condemnation litigation filed as part of the N. Garland Avenue Widening and Improvement Project in the total amount of$18,000.00. S. Bid #12-72 Pick-It Construction: A resolution awarding Bid #12-721, and authorizing a contract with Pick-It Construction, Inc. in the total amount of $343,900.00 for the construction of improvements to an aircraft hangar at Drake Field contingent upon a grant award, amending Resolution No. 95-12 to correct a transposition error regarding Task Order No. 9 to the contract with McClelland Consulting Engineers related to this project, approving application for and acceptance of an 80/20 matching grant from the Arkansas Department Of Aeronautics to proivide funding for this project, and approving a budget adjustment authorizing airport fund matching expense and recognizing grant revenue, contingent upon approval of the grant application and receipt of grant funds. 9. Drake Field Fuel Sales: A Resolution approving a budget adjustment in the amount of $27,000.00 to recognize revenue and associated expense associated with fuel sales at Drake Field. 10. Thrash Development: A resolution approving a budget adjustment in amount of $15,000.00 recognizing revenue from Thrash Development for tits contribution toward improvements to the East Avenue and Meadow Street sidewalks. 11. Dynasty Taxi: A resolution granting a Certificate of Public Convenience;and Necessity to Dynasty Taxi Service, Inc. for the operation of a total of 15 to 30 taxicabs in the City of Fayetteville. 12. Tree Preservation and Protection Variance: A resolution to approve a variance from the Tree Preservation and Protection Chapter of the UDC for LSD 12-4215 to allow on and off-site mitigation tree planting and eliminating any further penalty for the removal of some canopy in 2008. 2 Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray 7ayve e�l e Ward 1 Position 2—Brenda Boudreaux City Attorney Kit Williams Ward 2 Position 1 —Mark Kinwn Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting November 08, 2012 This meeting date was changed from November 06, 2012 to November 08, 2012 due to the General election. A meeting of the Fayetteville City Council will be held on November 08, 2012 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: City Council Meeting Presentations, Reports and Discussion Items: 1. Town and Gown Advisory Committee Appointment Agenda Additions: A. Consent: 1. Approval of the October 16, 2012 City Council meeting minutes. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 2. Amend Resolution No. 81-09, Animal Services Advisory Board: A resolution amending Resolution No. 81-09 to reduce the total number of members of the Animal Services Advisory Board and re-designating certain membership composition of the board. 3. Animal Services Donation Revenue: A resolution approving a budget adjustment in the amount of $10,732.00 representing donation revenue to Animal Services for the third quarter of 2012. 4. Fourth Judicial District Drug Task Force Training: A resolution approving a budget adjustment in the amount of $2,000.00 representing donation revenue from the Washington County Prosecutor's Office Drug Control Fund to the Fayetteville Police Department in support of training of the Fourth Judicial District Drug Task Force's Domestic Highway Enforcement Unit. 5. 2012 Bulletproof Partnership Grant Award: A resolution authorizing acceptance of a fifty percent (50%) matching grant award from the 2012 Bulletproof Vest Partnership Program in the amount of$9,100.00 for the replacement of twelve (12) body armor vests for Fayetteville police officers, and approving a budget adjustment. 6. Washington County Jail Services Interlocal Agreement: A resolution approving an amendment to the jail services Interlocal agreement with Washington County, Arkansas, continuing fees at $60.00 per booked prisoner for calendar year 2013. 7. Fayetteville Police Department Policies: A resolution approving Fayetteville Police Department Policies 1.3.1 Use of Force; 84.1.1 Property Management, Acquired & In- Custody; 42.1.1 Criminal Investigations; 83.1 Collection and Preservation of Evidence; 44.1.1 Juvenile Operations; 41.2.11 Use of Department Vehicles; 1.2.2 Warrantless Detention, Search & Seizure; and 42.1.1 Vice, Drugs and Organized Crime. 8. Margot Khavinson Estate Settlement Agreement: A resolution approving a settlement agreement with the Margot Khavinson Estate, concerning condemnation litigation filed as part of the N. Garland Avenue Widening and Improvement Project in the total amount of$18,000.00. 9. Bid #12-72 Pick-It Construction: A resolution awarding Bid #12-72 and authorizing a contract with Pick-It Construction, Inc. in the total amount of $343,900.00 for the construction of improvements to an aircraft hangar at Drake Field contingent upon a grant award, amending Resolution No. 95-12 to correct a transposition error regarding Task Order No. 9 to the contract with McClelland Consulting Engineers related to this project, approving application for and acceptance of an 80/20 matching grant from the Arkansas Department of Aeronautics to provide funding for this project and approving a budget adjustment authorizing airport fund matching expense and recognizing grant revenue, contingent upon approval of the grant application and receipt of grant funds. 10. Drake Field Fuel Sales: A resolution approving a budget adjustment in the amount of $27,000.00 to recognize revenue and associated expense associated with fuel sales at Drake Field. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 11. Thrash Development: A resolution approving a budget adjustment in the amount of $15,000.00 recognizing revenue from Thrash Development for its contribution toward improvements to the East Avenue and Meadow Street sidewalks. B. Unfinished Business: 1. RZN 12-4166 (South of Brookbury Crossing & East of Candlewood Developments/Riggins): An ordinance rezoning that property described in rezoning petition RZN 12-4166, for approximately 20.99 acres, located to the south of Skillern Road from R-A, Residential Agricultural to RSF-0.5, One Half Single-Family Units Per Acre. This ordinance was left on the First Reading at the August 21, 2012 City Council meeting and Tabled to the September 18, 2012 City Council meeting. This ordinance was left on the First Reading at the September 18, 2012 City Council meeting and Tabled to the October 16, 2012 City Council meeting. This ordinance was left on the Second Reading at the October 16, 2012 City Council meeting Left on the Second Reading C. Public Hearing: 1. Dynasty Taxi: A resolution granting a Certificate of Public Convenience and Necessity to Dynasty Taxi Service, Inc. for the operation of a total of fifteen (15) to thirty (30) taxicabs in the City of Fayetteville. This resolution was Tabled at the October 16, 2012 City Council meeting to the November 8, 2012 City Council meeting. D. New Business: 1. Tree Preservation and Protection Variance: A resolution to approve a variance from the Tree Preservation and Protection Chapter of the UDC for LSD 12-4215 to allow off- site tree preservation, on and off-site mitigation tree planting and eliminating any further penalty for the removal of some canopy in 2008. 2. ADM 12-4254 (R-PZD 12-4079 Project Cleveland): An ordinance amending a Residential Planned Zoning District entitled R-PZD 12-4079, Project Cleveland, located at the Northwest corner of Razorback Road and Hall Avenue, containing approximately 2.71 acres, extending the time frame to obtain all necessary permits to begin construction by December 19, 2014. E. City Council Agenda Session Presentations: 1. Economic Development Quarterly Report Presentation by Chung Tan and Steve Clark F. City Council Tour: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 G. Announcements: Adjournment: NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aides in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. 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. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 B 1 Page 1 of 1 RZN 12-4166(South of Brookbury Crossing&East of Candlewood Developments/Rigg ins) Sondra Smith-RZN-12-4166 : 21 Acres at the end of Brookbury Crossing Page 1 of 4 From: Meggan Bell <megganbelll@gmail.com> To: <ssmith@ci.fayetteville.ar.us> Date: 10/30/2012 3:27 PM Subject: RZN-12-4166 : 21 Acres at the end of Brookbury Crossing Attachments: Bill of Assurance Ammendments-Revised.pdf Please forward to the council members. Kristen Veltkamp and Charlie Collins, Brookbury's POA President, met with Mr Jarratt, Mrs Branch and Mr Riggins on Friday,October 26th. The following is the email Mr Collins sent back to them today. Dear Mr. Jarratt, Thank-you for agreeing to meet with Kristen and me last Friday. After meeting with our neighborhood boards one more time, it is clear that everyone is in agreement that the density is one of the issues. Several months ago, this may have been the primary issue, but as our neighbors have worked to better understand the development possibilities of this parcel there are several things that have arisen as important concerns including traffic, safety, and flooding. We have attempted to address these issues with the proposed Bill of Assurance amendments; however, it is the petitioner who must ultimately offer a Bill of Assurance that the city believes addresses these issues. The planning commission's recommendation to re- zone RSF-.05 was suggested based on appropriate density in light of the current circumstances surrounding this property, and yet the city planner admits that the flooding was not considered at that time. RSF-.05 was not the neighborhood's idea; however, we see the wisdom in it based on it being a very simple solution to control density to 10 homes or less which mitigates several of the other concerns. We recognize, that this may not be feasible for this group of developers which is why we have attempted to address the majority of the concerns with our proposed BOA amendments and a density that falls somewhere in the middle. I have attached these amendments. At this time, the majority of neighbors support the planning commission's recommendation; however, if the petitioner is willing to include provisions for the major concerns (as proposed in our amendments) and can provide us with the signed Bill of Assurance that the petitioner plans to present to City Council on the 8th by Thursday, November 1, 2012 - we will seek support from the neighborhoods at large. Regards, Charlie Collins Brookbury POA President --------------- Meggan Bell Communications Chair Brookbury POA file://C:\Documents and Settings\ssmith\Local Settings\Temp\XPgrpwise\508FF1E9FAY... 10/30/2012 B. 1 RZN 12-4166(South of Brookbury Crossing&East of Candlewood Developments/Rigg ins) Bill of Assurance Page 2of4 Neighborhood Amendments 1. Petitioner agrees to seek a zoning classification of RSF—2 as defined by the Code of Ordinance, of the City of Fayetteville for the Property. This zoning will only be agreed too along with the following conservation assurances (6, 7 and 8) in order to allow development with conforming setbacks and lot widths. 2. Petitioner agrees that the maximum number of single family residential homes (along with any permitted accessory structures) to be built upon the Property is in accordance with RSF-2 zoning requirements not to exceed 15 homes. No duplexes, multiplexes nor multi-family dwellings shall be permitted to be built at any time on this Property. 3. Petitioner agrees to adopt and file with the Washington County Circuit Clerk the Restrictive Covenants attached hereto as Exhibit A. 4. Petitioner agrees that each single family dwelling shall have a minimum square footage, as defined therin of 3,000 square feet of heated floor space and no duplexes, multiplexes nor multifamily dwellings shall be permitted to be built. 5. Petitioner agrees that each individual single family lot developed on the Property shall contribute its pro-rata share towards maintenance of and any other costs associated with the common areas and the creek-side area located on Brookbury Crossing. 6. Petitioner agrees to maintain 4-09 waterside zone to the east of Flint Creek as a best practice in following the Streamside Protection ordinance; and agrees not to seek any waivers or variances (this is an additional 59' of city streamside ordinance and/or 39' on hillside). 7. Petitioner agrees to maintain a minimum of 25% of existing tree canopy per tree preservation ordinance on this 20.99 acre parcel of land and petitioner and all builders agree to maintain a minimum of 25% existing tree canopy per lot be maintained through the building process and or to mitigate back to 35%tree canopy per lot. 8. Petitioner agrees to conserve a minimum of eae half acre of park land where Brookbury Crossing meets the new neighborhood and agrees not to purchase the .023 acres/unit required by city ordinance back from the city for development. Petitioner agrees to provide an easement from the East and from the North to create natural walking trails from the surrounding neighborhoods to connect. Brookbury Woods POA and the new subdivision will agree to maintain this as part of their common area to separate with their dues. 1 ( Page October 29, 2012 B. 1 RZN 12-4166(South of Brookbury Crossing&East of Candlewood Developments/Rigg ins) Bill of Assurance Page 3of4 Neighborhood Amendments 9. All new utilities shall be constructed underground and all existing overhead electrical lines shall be re-routed underground if permitted by the electrical provider. 10. Prior to construction of any infrastructure, homes or improvements thereon, Petitioner will acquire separate and temporary access point through private property for any and all construction related traffic whether materials or laborers or any other type of traffic. 11. In the event that there is a violation of assurance #10 and damage is caused by construction related traffic on or along Brookbury Crossing, the Petitioner will remain responsible financially for all damages to the street and entryway whether caused by the Petitioner or any builder or entity involved in building any houses or improvements to the Property. Repairs to the front entry-way landscaping and sprinkler system shall be made by the Petitioner within 3 (three) days of an email notice from a representative of the Brookbury Woods Subdivision to (email address) . If repairs have not made within that time, Brookbury Woods may repair and bill to the Petitioner which shall be paid within 10 (ten) days. Petitioner agrees to make all final road repairs within 30 months of the beginning of development construction. . Petitioner shall keep sufficient funds in its account to make these payments until all payments due or construction is completed whichever is the latter. Lindsey & Associates agrees to guarantee such payments in event petitioners fail to make a payment. 12. Blasting. ex;stiR9 home; in the 9FGoklawp� Wnedr Subdivision by blasting eithe; by the developeF or by any builderuntil all hemes we GQPAplated Blasting may only take place between 9 a.m, and 5 p.m. Monday through Friday. 13. Brookbury POA shall have a cause of action to enforce any of these Bill of Assurances including the right to seek an injunction and or damages. 2 1 P a g e October 29,2012 B. 1 RZN 12-4166(South of Brookbury Crossing&East of Candlewood Developments/Rigg ins) Page 4 of 4 servation and Ta n Variance a LVIle f 2 yDepartmental Correspondence S www,accessfayetteville.org DEPARTMENT KitWilliams TO: Mayor Jordan CityAttorney Don Marr, Chief of Staff Jason B.Kelley Connie Edmonston, Parks & Recreation Director Assistant City Attorney Alison Jumper, Park Planning Superintendent Megan Dale, Urban Forester FROM: Kit Williams, City Attorney DATE: October 19, 2012 RE: Prior tree removal penalty §167.04(D)(1) Prior tree removal states: "If trees have been removed below the required minimum within five (5) years preceding application for development approval, the site must be forested to meet the percent minimum canopy requirements set forth in Table 1, plus an additional ten percent (10%) ..." This is a penalty provision of the Tree Ordinance to punish persons for removing trees below the minimum canopy requirements before development. As a penalty provision it is not only strictly construed against the City, but the burden is on the City to prove that a violation justifying the punishment has occurred. As Megan's memo stated our January fly-over photos establish some tree canopy is missing on January 1, 2009 that we saw on January 1, 2008. I believe that Megan is correct when she says "Trees were removed without approval sometime in 2008." If the trees were removed on January 2, 2008, the five year penalty period would be January 2, 2008 through January 2, 2013. If the City could prove the trees were improperly removed on December 31, 2008, the penalty period would be December 31, 2008 through December 31, 2013. Unless the City can prove a later date than January 2, 2008 for the removal of the trees, the penalty period must end on January 2, 2013. The City cannot assume the worst and basically extend the penalty period to six years when the ordinance states five years. The applicant should not be informed that the correct penalty period does not expire until January 1, 2014. D. 1 Tree Preservation and Protection Variance Page 2 of 2 City Council Meeting Minutes October 16,2012 Page 1 of 14 Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray 7ayve e�l e Ward 1 Position 2—Brenda Boudreaux City Attorney Kit Williams Ward 2 Position 1 —Mark Kinwn Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis City of Fayetteville Arkansas City Council Meeting Minutes October 16, 2012 A meeting of the Fayetteville City Council was held on October 16, 2012 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, Boudreaux, Kinion, Petty, Tennant, Ferrell, Adams, Lewis, Mayor Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: America in Bloom Award—Cindi Cope America in Bloom awards were presented to the City. • Heritage Preservation • Population Category Awards—Five Bloom Community • Circle of Champions • John R. Holmes III Community Champion Award Winner was Marilyn Heifner, Executive Director of the Fayetteville Arkansas Advertising and Promotion Commission. Mayor Jordan thanked Cindi Cope and Marilyn Heifner for all their work for the City. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes October 16,2012 Page 2 of 14 Agenda Additions: None Consent: Approval of the October 2, 2012 City Council meeting minutes. Approved Bid #12-62 B&H Foto & Electronics Corp.: A resolution awarding Bid #12-62 and authorizing the purchase of two (2) television studio camera systems from B&H Foto & Electronics Corp. of New York,New York in the amount of$75,578.00, plus applicable taxes. Resolution 196-12 as recorded in the office of the City Clerk. Community Development Block Grant Program: A resolution awarding bid and authorizing the purchase of 1500 energy efficiency/weatherization kits from AM Conservation Group in the amount of$55,500.00 plus applicable tax for use by the Community Development Block Grant Program. Resolution 197-12 as recorded in the office of the City Clerk. Zara L. Thomas Revocable Trust Settlement: A resolution approving a settlement agreement with Zara L. Thomas, Trustee of the Zara L. Thomas Revocable Trust U/D/T November 20, 1998 and of the Mary C. Thomas Revocable Trust U/D/T November 20, 1998, concerning condemnation litigation filed regarding the extension of Meadow Valley Trail (U of A Farm Trail). Resolution 198-12 as recorded in the office of the City Clerk. Arkansas State Highway and Transportation Department: A resolution approving payment of$4,019,094.00 to the Arkansas State Highway and Transportation Department representing the City's portion of construction costs related to improvements to State Highway 16, and approving a budget adjustment. Resolution 199-12 as recorded in the office of the City Clerk. Alderman Boudreaux moved to approve the Consent Agenda as read. Alderman Gray seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: RZN 12-4166 (South of Brookbury Crossing & East of Candlewood Developments/Riggins): An ordinance rezoning that property described in rezoning petition RZN 12-4166, for approximately 20.99 acres, located to the south of Skillern Road from R-A, 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes October 16,2012 Page 3 of 14 Residential Agricultural to RSF-0.5, One Half Single-Family Units Per Acre. This ordinance was left on the First Reading at the August 21, 2012 City Council meeting and Tabled to the September 18, 2012 City Council meeting. This ordinance was left on the First Reading at the September 18, 2012 City Council meeting and Tabled to the October 16, 2012 City Council meeting. Alderman Lewis moved to suspend the rules and go to the second reading. Alderman Ferrell seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Jeremy Pate gave a brief description of the ordinance. Alderman Gray: When were the traffic studies done? Jeremy Pate: I will try to find that out. Hugh Jarratt, representing one of the developers stated Mr. Peters with Peters and Associates who did the traffic study is here and will speak in detail about that. The City Attorney said that the Bill of Assurance is not effective until it is presented to the City. He presented the Bill of Assurance and gave a brief description of the development. He stated we are requesting that this be amended to RSF-4 for discussion purposes. Compatibility with the surrounding neighborhoods was a concern. He explained the proposed lot and house sizes. This proposed development complies with the 2030 Plan, the Future Land Use Map and with the Master Street Map. Ernie Peters with Peters and Associates Engineers gave a brief description of the development and the traffic study that was conducted. He stated this proposed development traffic study did not indicate any traffic problems. Alderman Tennant: In looking at the completed Highway 265 did that change any of the assumptions of when that does become a four or five lane entrance and exit and you don't just have one lane to the right and one to the left to turn? Ernie Peters: Certainly while it's under construction as it is now it's not an ideal situation. Alderman Tennant: I mean completed. Ernie Peters: With the full improvements that are under construction and will be completed we use less than 52% of the intersection capacity. We took into account all the lanes that are planned and the traffic signal control that is planned for that intersection. Alderman Lewis: For the enduring green network and the plans that were developed by the Natural Heritage Association and the Green Infrastructure Group out of the Fayetteville Forward, that is part of the City Plan 2030. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes October 16,2012 Page 4 of 14 Jeremy Pate: Not the exact map that they created. We created our own based on that. We use a tool when we are looking at parkland acquisition and the tree preservation area during development. Eva Madison, resident of 2600 Candlewood and President of the Candlewood Property Owners Association spoke on behalf of her neighbors from Candlewood, Savannah, Covington, Brookbury, Jackson Place and other surrounding neighborhoods. She asked them to stand so the Council would know the magnitude of interest in this issue. She expressed her concerns about the density. She spoke against the RSF-4 zoning proposal. Alderman Tennant: We heard a little about minimum square footage in Candlewood but do you know the true average square footage of the homes in Candlewood? Eva Madison: No and we don't track that. Those homes along the creek because of the excavation that was required to build are almost all three story homes with walk out basements. Most of the homes adjacent to this are close to 6,000 square feet and there is one that is 11,000 square feet that sits on two lots. Alderman Tennant: The idea that they meet the minimum or the median minimum is a little off set because there is nothing for sale that is under the 3,600 square feet that I can see. Charlie Collins, resident of 3225 Piper Glenn and President of the Brookbury POA expressed his concerns and handed out a petition with 169 signatures in opposition to the rezoning to RSF- 4 and in support of the recommendation of RSF 0.5 by the Fayetteville Planning Commission. Kristin Beltcamp, a resident of Brookbury Subdivision and representative of the neighborhood expressed her concerns and spoke on the traffic study. Alderman Ferrell: Do you think that when the road is complete with greater access on Highway 265 it will make any difference? Kristin Beltcamp: Absolutely. She explained the differences it would make. She continued to express her concerns with the development and gave a brief presentation on the existing problems in that area. Alderman Ferrell: Jeremy what is the situation today if there is building going on and they are going through a residential area and if there is damage from the equipment. How does that work today? Jeremy Pate explained their assessment process when streets are damaged. James McGinty, resident of 2902 Jamestown Road and President of the Homeowners Association at Savannah Estates stated our residents do not support this new development due to density and safety concerns. He went on to express their concerns with safety and stated the people in Savannah Estates recommend that you stay with the proposed development of RSF 0.5. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes October 16,2012 Page 5 of 14 Alderman Tennant: Do you have any idea how many houses are in Savannah? James McGinty: We have 106 lots. Alderman Tennant: There is one exit out of Brookbury, how many do you have? James McGinty: We have two exits and both go onto Skillern Road Alderman Tennant: So you are a little larger than Brookbury home count wise but you do have two full exit roads out. James McGinty: Yes. Christine Smith, resident of Brookbury Subdivision passed out photos of the visibility coming down the hill and expressed her concerns with traffic safety. Lauri Cavell, resident of Brookbury stated it doesn't make sense to put all these houses in this little area. She went on to speak against the development and the traffic in the area. She also voiced her concern about the over crowding in the schools on the east side of town. Jimmy Roy, resident of Brookbury Subdivision spoke on the zoning considerations that were brought up by City Attorney Kit Williams at the Planning Commission meeting. He stated there is a traffic problem in the area. He also voiced his concern about emergency vehicle access. He spoke against the development. Alderman Ferrell: Kit, does the presented Bill of Assurance to you seem legal and would you consider it "A"typical as a Bill of Assurance that we get? City Attorney Kit Williams: It has been signed and it is permanent. A Bill of Assurance is permanent. As long as the zoning is in place then the Bill of Assurance is effective and enforceable. Alderman Ferrell: My question is would you consider this Bill of Assurance an "A" typical Bill of Assurance that we deal with or a more typical Bill of Assurance? City Attorney Kit Williams: No, I think it's fairly typical in that one of the major things that most Bill of Assurances do is control density and this one controls density. It is clear that it is limited to a maximum of 37 structures. Bob Caulk, a Fayetteville resident and chairman of the Fayetteville Natural Heritage Association spoke on the project conducted by the association and stated our goal is to try to get to the point where conservation is part of the development process. He stated the proposed development is one that indicated a high potential of some kind of conservation treatment. Hugh Jarratt: The developers are willing to change the Bill of Assurance to 21 homes if that is to be taken into consideration rather than 37. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes October 16,2012 Page 6 of 14 Erin Setzer, a representative of the Jackson Place neighborhood stated every single one of us are asking please don't do this to us. She spoke about the existing problems in that area. Traffic, safety, density and flooding are problems. Pam Jones, resident of 2953 Brookbury Crossing stated after I heard the compromise of 21 homes, to me that is a reasonable compromise. She went on to point out that everyone's concerns are legitimate. Eva Madison: The average square foot for the homes in Candlewood is 5,483 square feet. Although we appreciate the compromise of 21 homes, we need to go back to our neighborhood to see if they agree with 21 homes. If there are 21 homes they don't need RSF-4. City Attorney Kit Williams: I do want to agree with the last speaker in that we don't have a signed Bill of Assurance for 21 homes in front of us. Most of the people that are here were speaking on a different term and that might be something they want to think about. Alderman Ferrell: Mr. Jarratt, bearing in mind what Kit just said, the offer that was just made, would that be to include the Bill of Assurance for 21? Hugh Jarratt: Yes, I would amend it, get it signed, submit it to them and I can have it done tomorrow before the third reading. Mayor Jordan: You can leave it on the second reading and go two weeks and it will come back to the Council. Hugh Jarratt: The guy who can sign the Bill of Assurance is sitting here. We can amend it right now. Alderman Lewis: There are a lot of other concerns besides the number of houses and actually it was just general density, not that many folks even mentioned an exact number. I feel like there are way more issues than that. I am wondering if you are going to meet with the neighbors and talk about everything. Hugh Jarratt: Yes. He went on to list the issues that could be addressed. Alderman Lewis: I would ask that we hold it here. Alderman Tennant: I would reiterate what Sarah said about the interaction between the developer and all the residents. I have tremendous concerns about access so please work together because the residents have proven that they will go out of their way to work with the developer. Mayor Jordan: As far as safety goes, the number one priority for a Mayor is to keep the City safe. I do have concerns when the Fire Marshall has concerns about keeping a neighborhood safe from a fire. Now that the density is lower I have to go back and look at that again. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes October 16,2012 Page 7 of 14 Fire Chief David Dayringer stated the access provisions are in the code. The code is there to protect the citizens, its there to protect the developers and firefighters that get into these properties. He went on to discuss the existing codes. Mayor Jordan: Okay, so you all just want to leave this on the second reading. City Clerk Sondra Smith reminded everyone that the next City Council meeting is not in two weeks because there are five Tuesdays and due to the General Election the next Council meeting will be held on November 81h Don Marr explained the ordinance process and the reading process for ordinances and rezonings. Mayor Jordan: The Council wants to hold it on the second reading. This ordinance was left on the Second Reading REO Holdings 1, LLC: An ordinance waiving the requirements of formal competitive bidding and approving a cost-share agreement with REO Holdings 1, LLC in the amount of$31,712.00 for the construction of an eight-inch water main near Bridgewater Lane. This ordinance was left on the Third Reading at the October 2, 2012 City Council meeting and Tabled to the October 16, 2012 City Council meeting. David Jurgens, Utilities Director stated I put a couple of aerial photos on your table to explain why we are looking for this line to be upsized to an 8" and therefore why we are going through the cost share. He went on to give a brief description of the ordinance. Alderman Lewis: So it's a lot split and those new houses need water. David Jurgens: That's correct. Alderman Lewis: It's not in the city limits but it's in the planning area? David Jurgens: Yes Ma'am. Alderman Kinion: It's not in the city limits but it impacts the city limits on the south side? David Jurgens: It will impact the City limits back to the west. The dead end lines go over and we have a separation of our pressure plains in vicinity of Skillern and Oakland/Zion to the west of this. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Alderman Petty voting no. Ordinance 5536 as Recorded in the office of the City Clerk 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes October 16,2012 Page 8 of 14 Public Hearine: Dynasty Taxi: A resolution granting a Certificate of Public Convenience and Necessity to Dynasty Taxi Service, Inc. for the operation of a total of fifteen (15) to thirty (30) taxicabs in the City of Fayetteville. Mayor Jordan opened the public hearing. Bryce Curry, owner of a Taxi Company: I object respectfully because there has not been notice provided as per the ordinance requirements. City Attorney Kit Williams clarified the rules have changed and notice is no longer given by the City Clerk but instead by the applicant. Evidently Mr. Curry was not aware of that. I would recommend that we table this and give him an opportunity to give notice and to attend. Alderman Ferrell moved to table the resolution to the November 8, 2012 City Council meeting. Alderman Tennant seconded the motion. Upon roll call the resolution passed unanimously. Tabled to the November 8, 2012 City Council meeting. New Business: VAC 12-4221 (2111 Martin Luther King Blvd./Panda Express): An ordinance approving VAC 12-4221 submitted by Lorel Hoffman for property located at 2111 Martin Luther King Boulevard to vacate a portion of a water and sewer easement, a total of 2,039 square feet. City Attorney Kit Williams read the ordinance. Jeremy Pate gave a brief description of the ordinance. Alderman Lewis moved to suspend the rules and go to the second reading. Alderman Ferrell seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Gray moved to suspend the rules and go to the third and final reading. Alderman Tennant seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5537 as Recorded in the office of the City Clerk 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316