HomeMy WebLinkAbout2008-03-04 - Agendas - Final Aldermen
Ward 1 Position 1—Adella Gray
Mayor Dan Coody Ward 1 Position 2—Brenda Thiel
Ward 2 Position 1 —Kyle B.Cook
City Attorney Kit Williams1 Ward 2 Position 2—Nancy Allen
1PVWard 3 Position l—Robert K.Rhoads
TCity Clerk Sondra Smith Ward 3 Position 2—Robert Ferrell
ARKANSAS Ward 4 Position 1 —Shirley Lucas
Ward 4 Position 2—Lioneld Jordan
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
March 04, 2008
A meeting of the Fayetteville City Council will be held on March 04, 2008 at 6:00 PM in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions: None
Presentations, Reports and Discussion Items: Agenda Session Only
Agenda Additions: None
A. Consent:
1. Approval of the February 19, 2008 City Council meeting minutes. APPROVED.
2. Walton Arts Center Council, Inc. By-laws: A resolution to approve the Third
Amendment to the By-laws of the Walton Arts Center Council, Inc.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 40-08.
3. Dead Horse Mountain Bridge Replacement Project: A resolution approving a
payment to the Arkansas State Highway and Transportation Department (AHTD) in the
amount of $20,000.00 for utility relocations for the Dead Horse Mountain Bridge
Replacement Project.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 41-08.
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4. Brasfield & Gorrie, LLC Change Order # 4: A resolution approving Change Order
# 4 to the construction contract with Brasfield & Gorrie, LLC in the amount of
$624,521.00 for construction of the Hamestring Sewer Lift Station.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 42-08.
5. 2008 ESRI Software Maintenance Fees: A resolution approving purchase requests in
the amount of $30,821.25 with ESRI, Inc. for Geographic Information System (GIS)
software service and maintenance fees.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 43-08.
6. 2008 D.I.S.C. Software Maintenance Fees: A resolution approving the 2008 service
and support agreement in the amount of$38,265.48 with Dynamic Information Solutions
Company, Inc.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 44-08.
7. Fire Pension Drug Law Enforcement Fund: A resolution approving budget
adjustments for the Drug Law Enforcement Fund in the amount of$36,902.00 and for the
Fire Pension Fund in the amount of$70,844.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 45-08.
8. Bid # 07-70 Ark-O Petroleum: A resolution awarding Bid # 07-70 and approving the
purchase of one (1) automatic touchless vehicle wash system from Ark-O Petroleum of
Tontitown in the amount of$188,785.00 for use by the Fleet Operation Division.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 46-08.
B. Unfinished Business:
1. Hiring Freeze: Hiring Freeze Appeals: NONE.
2. RZN 07-2889 (Cooper): An ordinance rezoning that property described in rezoning
petition RZN 07-2889, for approximately 0.69 acres, located at the southwest corner of
North College Avenue and East Cleburn Street from R-PZD, Residential Planned Zoning
District, to DG, Downtown General. This ordinance was left on the Second Reading at
the February 19, 2008 City Council meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5114.
C. New Business:
1. 2008 Hansen Software Maintenance Fees: A resolution approving purchase requests to
Hansen Technology, Inc. in the amount of $64,634.28 for 2008 software service and
maintenance fees.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 47-08.
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2. Fayetteville Municipal Property Owners' Improvement District No. 24 — College
Avenue Townhomes Development Infrastructure Project: An ordinance to establish
and lay off Fayetteville Municipal Property Owners' Improvement District No. 24 —
College Avenue Townhomes Development Infrastructure Project.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5115.
3. Ambulance Service Interlocal Agreement: A resolution to approve an interlocal
agreement for ambulance service by and with the City of Fayetteville, Washington
County, Elkins, Farmington, Goshen, Greenland, Lincoln, Prairie Grove, West Fork,
Winslow and Johnson, and to establish the ambulance authority and Central Emergency
Medical Services as the exclusive emergency and non-emergency ambulance service
within the cities.
THIS ITEM WAS TABLED TO THE MARCH 18, 2008 CITY COUNCIL
MEETING.
4. Water/Sewer Rate Approval: A resolution expressing preference for specific revisions
to sewer rates and related policy changes; and directing the City Attorney to draft a water
and sewer rate ordinance consistent with these preferences.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 48-08 FOR
WATER RATE CHANGES.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 49-08 FOR THE
SEWER RATE CHANGES.
5. RZN 07-2856 (Parks and Recreation): An ordinance rezoning the properties described
in rezoning petition RZN 07-2856, for forty-two City of Fayetteville parks on
approximately 591 acres, located throughout the city from multiple zoning districts to P-
1, Institutional.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5116.
6. C-PZD 07-2858 (Farmer's Market): An ordinance establishing a Commercial Planned
Zoning District titled C-PZD 07-2858 (Farmer's Market), located on the south side of
Hwy. 62, between east and west Farmer's Drive, containing approximately 1.10 acres;
amending the official zoning map of the City of Fayetteville; and adopting the Associated
Master Development Plan.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5117.
7. Amend Rules of Order and Procedure: A resolution to amend the Rules of Order and
Procedure of the Fayetteville City Council by changing its title and removing the
provision that serving more than half a normal term counts against the two term limit for
citizen committees.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 50-08.
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8. ADM 08-2929 (Stonebridge Square Tree Preservation Variance): A resolution
approving a variance from Ch. 167.04 Tree Preservation and Protection to allow off-site
tree preservation in lieu of on-site plantings for prior tree removal in the manner
recommended by the Planning Commission for large scale development (LSD) 07-2765.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 51-08.
Announcements:
1. City Council Tour: None
Adjournment: Meeting adjourned at 9:40 p.m.
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City Council Meeting March 04, 200h
Subject: I
Motion To:
Motion By:
Seconded:
Jordan
Gray AaA
Thiel
Cook ✓
Allen
Rhoads
Ferrell ✓
Lucas
Mayor Coody
Subject:
Motion To:
Motion By:
Seconded: a
n � Jordan
Ax/b
Gray
Thiel ✓
Cook ✓
Allen
Rhoads
Ferrell
Lucas
(� Mayor Coody
City Council Meeting March 04, 200h
Subject:
Motion To:
Motion By:
Seconded:
Jordan
Gray
Thiel VON
tPi 4A Cook
Allen
Rhoads
Ferrell
Lucas
Mayor Coody
Subject: R Z IV D 7 — Oq?ff q Coq
Motion To: `�
Motion By:
Seconded:
Jordan ✓ i/
Gray
Thiel
Cook
Allen
Rhoads
Ferrell
1 l Lucas
Mayor Coody
City Council Meeting March 04, 200b
Subject:
Motion To:
Motion By:
Seconded:
C Jordan
N Gray
bA&4�KL4,,�p Thiel
Cook
Allen
Rhoads
Ferrell
J I Lucas
"T' 7
Mayor Coody
s
Subject. P '
Motion To:
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Motion By: R h o as j
Seconded: AMA &IJVA
Jordan
AA // Gray GbS1fA
Thiel
Cook ✓ �"
Allen
Rhoads
Ferrell ✓ `
Lucas
Mayor Coody
7,0
I
City Council Meeting March 04, 200a
Subject: jy.
Motion To: 3
119/0 9
Motion By: '
Seconded:
Jordan
Gray
;KLA-b Thiel k/
Cook
Allen
Rhoads
Ferrell G,<'
,nA Lucas
QQ Mayor Coody
Subject: ! ► ' �w WN F I P,E
Motion To:
Motion By:
Seconded:
Jordan
GraykX.
Thiel
Cook
F•� �$��w. Allen ��e� Rhoads "
Ferrell
Lucas
Mayor Coody
City Council Meeting March 04, 200b
Subject:
Motion To: o� -
Motion By:
Seconded:
e Jordan
Gray
r ,Thiel ,
Cook
Allen
Rhoads
Ferrell
Lucas
Mayor Coody
Subject: � � � -
Motion To:
Motion By:
Seconded:
Jordan A
Gray
Thiel
Cook
Allen IV
Rhoads
Ferrell
w
q Lucas
��� / Mayor Coody
City Council Meeting March 04, 2006
Subject: Z A/ -7'" cU 4 =Y rs
Motion To:
Motion By: eri a-46�
Seconded:
CJordan ✓
Gray
i Thiel
Cook ✓ ,/
Allen
Rhoads
� E
Ferrell
Lucas
Mayor Coody
Subject: G _ P Z D O 7, 9
Motion To:
Motion By:
Seconded: � f
Jordan
Gray �' ..
i Thiel ✓ �/
Cook ✓ i/
Allen �✓
Rhoads ✓ l/ �,/
Ferrell `✓
Lucas �,/� L
Mayor Coody
�- 117
1
City Council Meeting March 04, 2008
Subject: �®
Motion To: Qp r\
Motion By: CO
Seconded:
Jordan
Gray
Thiel
Cook
Allen
Rhoads
Ferrell
Lucas
5� Mayor Coody
Subject:
Motion To:
Motion By:
Seconded:
�J Jordan
Gray
Thiel
Cook
Allen
Rhoads
Ferrell VO"
Lucas
�� Mayor Coody
Aldermen
Ward 1 Position 1—Adella Gray
Mayor Dan Coody Ward 1 Position 2—Brenda Thiel
Ward 2 Position 1 —Kyle B.Cook
City Attorney Kit Williams Ward 2 Position 2—Nancy Allen PV1 C
Ward 3 Position l—Robert K.Rhoads
City Clerk Sondra SmithTayeliWard 3 Position 2—Robert Ferrell
ARKANSAS Ward 4 Position 1 —Shirley Lucas
Ward 4 Position 2—Lioneld Jordan
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
March 04, 2008
A meeting of the Fayetteville City Council will be held on March 04, 2008 at 6:00 PM in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
Presentations, Reports and Discussion Items:
Agenda Additions:
A. Consent:
1. Approval of the February 19, 2008 City Council meeting minutes.
2. Walton Arts Center Council, Inc. By-laws: A resolution to approve the Third
Amendment to the By-laws of the Walton Arts Center Council, Inc.
3. Dead Horse Mountain Bridge Replacement Project: A resolution approving a
payment to the Arkansas State Highway and Transportation Department (AHTD) in the
amount of $20,000.00 for utility relocations for the Dead Horse Mountain Bridge
Replacement Project.
4. Brasfield & Gorrie, LLC Change Order # 4: A resolution approving Change Order
# 4 to the construction contract with Brasfield & Gorrie, LLC in the amount of
$624,521.00 for construction of the Hamestring Sewer Lift Station.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
5. 2008 ESRI Software Maintenance Fees: A resolution approving purchase requests in
the amount of $30,821.25 with ESRI, Inc. for Geographic Information System (GIS)
software service and maintenance fees.
6. 2008 D.I.S.C. Software Maintenance Fees: A resolution approving the 2008 service
and support agreement in the amount of$38,265.48 with Dynamic Information Solutions
Company, Inc.
7. Fire Pension Drug Law Enforcement Fund: A resolution approving budget
adjustments for the Drug Law Enforcement Fund in the amount of$36,902.00 and for the
Fire Pension Fund in the amount of$70,844.00.
8. Bid # 07-70 Ark-O Petroleum: A resolution awarding Bid # 07-70 and approving the
purchase of one (1) automatic touchless vehicle wash system from Ark-O Petroleum of
Tontitown in the amount of$188,785.00 for use by the Fleet Operation Division.
B. Unfinished Business:
1. Hiring Freeze: Hiring Freeze Appeals:
2. RZN 07-2889 (Cooper): An ordinance rezoning that property described in rezoning
petition RZN 07-2889, for approximately 0.69 acres, located at the southwest corner of
North College Avenue and East Clebum Street from R-PZD, Residential Planned Zoning
District, to DG, Downtown General. This ordinance was left on the Second Reading at
the February 19, 2008 City Council meeting.
C. New Business:
1. 2008 Hansen Software Maintenance Fees: A resolution approving purchase requests to
Hansen Technology, Inc. in the amount of $64,634.28 for 2008 software service and
maintenance fees.
2. Fayetteville Municipal Property Owners' Improvement District No. 24 — College
Avenue Townhomes Development Infrastructure Project: An ordinance to establish
and lay off Fayetteville Municipal Property Owners' Improvement District No. 24 —
College Avenue Townhomes Development Infrastructure Project.
3. Ambulance Service Interlocal Agreement: A resolution to approve an interlocal
agreement for ambulance service by and with the City of Fayetteville, Washington
County, Elkins, Farmington, Goshen, Greenland, Lincoln, Prairie Grove, West Fork,
Winslow and Johnson, and to establish the ambulance authority and Central Emergency
Medical Services as the exclusive emergency and non-emergency ambulance service
within the cities.
4. Water/Sewer Rate Approval: A resolution expressing preference for specific revisions
to sewer rates and related policy changes; and directing the City Attorney to draft a water
and sewer rate ordinance consistent with these preferences.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
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5. RZN 07-2856 (Parks and Recreation): An ordinance rezoning the properties described
in rezoning petition RZN 07-2856, for forty-two City of Fayetteville parks on
approximately 591 acres, located throughout the city from multiple zoning districts to P-
1, Institutional.
6. C-PZD 07-2858 (Farmer's Market): An ordinance establishing a Commercial Planned
Zoning District titled C-PZD 07-2858 (Farmer's Market), located on the south side of
Hwy. 62, between east and west Farmer's Drive, containing approximately 1.10 acres;
amending the official zoning map of the City of Fayetteville; and adopting the Associated
Master Development Plan.
7. Amend Rules of Order and Procedure: A resolution to amend the Rules of Order and
Procedure of the Fayetteville City Council by changing its title and removing the
provision that serving more than half a normal term counts against the two term limit for
citizen committees.
8. ADM 08-2929 (Stonebridge Square Tree Preservation Variance): A resolution
approving a variance from Ch. 167.04 Tree Preservation and Protection to allow off-site
tree preservation in lieu of on-site plantings for prior tree removal in the manner
recommended by the Planning Commission for large scale development(LSD) 07-2765.
Announcements:
1. City Council Tour: None
Adjournment:
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City Council Meeting Minutes
February 19,2008
Page I of 26
Aldermen
Ward I Position I — Adella Gray
Mayor Dan Coody Ward l Position 2— Brenda Thiel
. .t
Ward 2 Position I — Kyle B. Cook
City Attorney Kit Williams Ward 2 Position 2— Nancy Allen
Ward 3 Position I — Robert K. Rhoads
City Clerk Sondra Smith Ward 3 Position 2 — Robert Ferrell
ARKANSAS Ward 4 Position l — Shirley Lucas,
Ward 4 Position 2 — Lioneld Jordan
City of Fayetteville Arkansas
City Council Meeting Minutes
February 19, 2008
A meeting of the Fayetteville City Council was held on February 19, 2008 at 6:00 PM in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Mayor Coody called the meeting to order.
' PRESENT: Alderman Gray, Thiel, Cook, Allen Rhoads Ferrell Jordan Lucas, Mayor .
Coody, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience
ABSENT: Alderman Rhoads was absent until 6:20 PM
Pledge of Allegiance
12
Mayor's Announcements, Proclamations and Recognitions: None
Presentations, Reports and Discussion Items:
Alderman Cook announced the Board and Committee openings and he encouraged all those
interested to apply.
Alderman Allen inquired about an item that was place in her City Council mailbox.
A discussion followed.
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City Council Meeting Minutes
February 19,2008
Page 2 of 26
Consent:
Approval of the February 5, 2008 City Council meeting minutes.
Approved
Washington County Interlocal Agreement: A-resolution to approve an Interlocal Agreement
with Washington County so that the county may continue to monitor and manage Community
Sewer Systems that have been annexed into Fayetteville.
Resolution 22-08 as Recorded in the office of the City Clerk.
Garney Companies Cost-Share: A resolution approving a cost-share with the City of
Farmington pursuant to the Fayetteville-Farmington Wastewater Agreement of April 3, 2007, in
the amount of $376,060.48 to contract with Gamey Companies, Inc. as Fayetteville's share of
construction of the Farmington Sewer Force Main, WSIP subproject WL-11, Bid # 08-01; and
approving a 10% contingency in the amount of$37,500.
Resolution 23-08 as Recorded in the office of the City Clerk
Redford Construction, Inc Cost-Share: A resolution approving a cost-share with the City of
Farmington pursuant to the Fayetteville-Farmington Wastewater Agreement of April 3, 2007, in
the amount of $66,296.34 to contract with Redford Construction, Inc. as Fayetteville's share of
construction of the Farmington gravity sewer line, WSIP subproject WL-10, Bid # 08-01 ; and
approving a 10% contingency in the amount of$7,000.
Resolution 24-08 as Recorded in the office of the City Clerk.
Bid # 08-03 Kim Construction Company, Inc: A resolution awarding Bid # 08-03 and
approving a contract with Kim Construction Company, Inc: in the amount of $1,501,102.00 for
construction of manhole rehabilitation, basins 1-15, W-02, W-0551 W-06 & W-13; and approving
a contingency in the amount of$75,000.
Resolution 25-08 as Recorded in the office of the City Clerk.
Bids # 08-05 — # 08-13 and Bid # 08-29 Bulk Construction Materials: A resolution awarding
Bids # 08-05 - # 08-13 and Bid # 08-29 and approving the purchase of bulk construction
materials and services utilized by various divisions of the City of Fayetteville in the estimated
amount of$3,516,486.00.
Resolution 26-08 as Recorded in the office of the City Clerk.
Bid # 08-15 Six Pedestrian Bridges: A resolution awarding Bid # 08-15 and approving the
purchase of six (6) prefabricated weathering steel pedestrian bridges from Thompson Culvert
Company in the amount of$189,520.00 plus all applicable taxes for Scull Creek Trail.
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City Council Meeting Minutes
February 19,2008
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Resolution 27-08 as Recorded in the office of the City Clerk.
Bid # 08-16 Six Trail Bridges: A resolution awarding Bid # 08-16 and approving a contract
with Kinco Contractors, LLC in the amount of $240,784.72 for the installation of six (6) trail
bridges for Scull Creek Trail; and approving a 15% project contingency in the amount of
$36,117.71 .
Resolution 28-08 as Recorded in the office of the City Clerk.
Landers Ford, One Sedan: A resolution approving the purchase of one (1) Ford Fusion from
Landers Ford of Benton through the state vehicle purchase contract in the amount of $14,195.00
for use by the Parks & Recreation Division.
Resolution 29-08 as Recorded in the office of the City Clerk.
Landers Ford, Eight Trucks: A resolution approving the purchase of eight (8) Ford Trucks
from Landers Ford through the state vehicle purchase contract in the amount of$113,471 .00.
Resolution 30-08 as Recorded in the office of the City Clerk.
Landers Chevrolet, Two Trucks: A resolution approving the purchase of two (2) %2-ton
extended cab 4WD pickup trucks from Landers Chevrolet of Benton through the state vehicle
purchase contract in the amount of$39,888.00.
Resolution 3I-08 as Recorded in the office of the City Clerk.
Bale Chevrolet, One Passenger Van: A resolution approving the-purchase of one (1) Chevrolet
15-passenger van from Bale Chevrolet of Little Rock through the state vehicle purchase contract
in the amount of$21 ,322.00.
Resolution 32-08 as Recorded in the office of the City Clerk.
Mobile Vision Inc: A resolution approving the purchase of twenty-eight (28) digital in-car
video systems pursuant to the bid waiver granted in Ordinance No. 4551 , from Mobile Vision
Inc. in the amount of $148,592.15; and approving a budget adjustment in the amount of
$119593.00.
Resolution 33-08 as Recorded in the office of the City Clerk.
Arkansas Parks and Tourism Outdoor Recreation Grant: A resolution to approve*a budget
adjustmentin the amount of $100,000.00 to recognize revenue from an Arkansas Parks and
Tourism Outdoor Recreation Grant.
Resolution 34-08 as Recorded in the office of the City Clerk.
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City Council Meeting Minutes
February 19,2008
Page 4 of 26
Alderman Jordan moved to approve the Consent Agenda as read. Alderman Cook
seconded the motion. Upon roll call the motion passed 7-0. Alderman Rhoads was absent
during the vote.
Unfinished Business:
Hiring Freeze: Hiring Freeze Appeals: A resolution to approve the hiring of one replacement
employee.
Police Chief Greg Tabor described the vacant position to the Council.
Alderman Gray moved to approve the hiring of one Dispatcher. Alderman Cook seconded
the motion. Upon roll call the resolution passed 7-0. Alderman Rhoads was absent during
the vote.
Police Department — One Position
1 . Dispatcher - Approved
Resolution 35-08 as Recorded in the office of the City Clerk.
Hobson, Inc. Appeal: An ordinance rezoning a portion of property described in rezoning
petition RZN 07-2667, for approximately 1 .38 acres, located at 7613 Wedington from R-A,
Residential Agricultural, to C-2, Thoroughfare Commercial. This ordinance was left on the -�
First Reading at the September 18, 2007 City Council meeting. This ordinance was tabled
indefinitely at the October 2, 2007 City Council meeting. This ordinance was left on the
Second Reading at the February 5, 2008 City Council meeting.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Cook seconded the motion. Upon roll call the motion passed 7-0. Alderman
Rhoads was absent during the vote.
City Attorney Kit Williams read the ordinance.
City Attorney Kit Williams: We amended this at the last meeting so it is smaller than the
original request.
Donald Wilson, representative of Hobson Inc. addressed the issue that was brought up
previously regarding spot zoning and he stated he did not believe that this was spot zoning. He
stated that this fits in that community with the other businesses. We are not asking to rezone
something we want to build, this is something that existed already and we are just asking for the
treatment that we have had the last 30 years.
Alderman Ferrell: When you did the Bill of Assurance didn't you rearrange or separate the
structures?
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Donald Wilson: Yes we did that due to some suggestions from some City Council members.
He described what steps they took to obtain the lot split and lot line adjustment.
Alderman Thiel asked the staff about the recommendation. She asked whenever they
recommended denial of this was that with the use units and the conditions that they have
provided now.
Andrew Garner, Senior Planner: When it went before the Planning Commission I don't believe
they were offering a Bill of Assurance at that time. The Planning staff would still recommend
denial of the request even with the Bill of Assurances.
Alderman Thiel read the zonings for some of the other use units. She asked how does that
differ from an R-O zoning.
Andrew Garner gave an explanation of the differences.
Alderman Thiel.: So under trades and services, that includes auto repair and some of the things
that you felt were a concern.
Andrew Garner: Yes Ma'am.
Alderman Jordan: According to staff and the Planning Commission did they say that this did
not line up with the 2025 Plan?
Andrew Garner: Yes sir, the future land use plan shows this area as rural.
Alderman Jordan: Would you consider this spot zoning?
Andrew Garner: We consider it a spot zoning. That wasn't one of the major issues.
Alderman Jordan: You recommended that they could use it for what it is with a conditional
use, is that true?
Andrew Garner: Yes sir, we feel like that is a more appropriate way to handle the types of uses
that are proposed.
Alderman Jordan: The Bill of Assurance is between the City and whoever offers the Bill of
Assurance is that correct?
City Attorney Kit Williams: Yes, but it does run with the land so if the land is sold'it would
still bind the future owner.
Alderman Jordan: But the owner of the land could come back to the City and change the Bill
of Assurance, is that true?
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City Council Meeting Minutes,
February 19,2008
Page 6 of 26
City Attorney'Kit Williams: They could come back and ask to have it changed. If the City
Council wanted to change it they could do it.
Alderman Jordan: And they could go to a full C-2 if they wanted it that way?
City Attorney Kit Williams: It is a C-2; it could go to C-2 without any restrictions.
Alderman Jordan: And Planning Commission voted unanimously not to approve this?
Andrew Garner: Yes sir, they voted 7-0 against the original request.
Alderman Ferrell: There is commercial property in close proximity to this that would not be
considered spot zoning, is that correct?
Andrew Garner: Yes, we feel like the commercial zoning when you get back to the Conoco
Station as you are getting back into town that is not really spot zoning.
Alderman Ferrell: The ones west of there that were grandfathered, they are far enough out that
you are not considering them spot zoning either?
Andrew Garner: We would just have to take a look at each individual property. It is too
difficult to answer that.
Alderman Allen: Is the definition that Mr. Wilson gave of spot zoning the same as yours? „L
Tim Conklin, Planning and Development Management Director: I believe he was reading case
law from the Arkansas Supreme Court with regard to how we look at land use and
recommendations to the City Council on zonings. We have tried to concentrate our commercial
activity at intersections.
He went on to give examples of other zonings. He stated we have tried to limit commercial from
being completely zoned down our arterial systems. While we may not have a definition of spot
zoning we have tried to limit individual parcels in the middle of residential areas.
Alderman Allen: Do you consider this spot zoning?
Tim Conklin: I would consider allowing Use Unit 17 in a residential area as spot zoning.
Alderman Jordan: Is there any other businesses in here that are in a nonconforming use status?
Andrew Garner: Yes.
Alderman Jordan: How many?
Andrew Garner: I am not sure. There are several.
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City Council Meeting Minutes
February 19,2008
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Alderman Jordan: So potentially if we zone this C-2 then the same businesses could come in
and ask for the same zoning.
Andrew Garner: That is correct.
Alderman Lucas: You brought up the Bill of Assurance but I wanted to make it clear. If they
bring it back to the Council later on, they don't have to notify the neighbors around there is that
correct?
City Attorney Kit Williams: I think that is correct, I am not aware of anything in the Unified
Development Code that requires notification for a Bill of Assurance as the same for a rezoning
change which you have to notify all your surrounding neighbors.
Alderman Lucas: One of the advantages that we told the people that we were proposing to
annex was that there would be zoning to where they would have some protection, they would be
notified. This was a sparsely populated area it is very conducive to .letting our Planning
Department do what they do best and that is plan an area. I just can't support this.
Alderman Ferrell: Kit, if they were going to try to change the use unit wouldn't' they have to
go before the Planning Commission and the City Council?
City Attorney Kit Williams: The reason they are in an especially difficult position is that this
is rental property. . The other businesses out there that are continuing to operate are owner
occupied, they are continuing their business as a previously existing non-conforming use and
they can do that for years. When you have a rental property, if the type of business you have in
your property changes and you have a conditional use, the conditional use is over. You have to
come back to get a new conditional use for a different type of business. They are in a more
difficult situation because they can't continue to rent it to a similar business, if their tenant
leaves.
Alderman Ferrell confirmed what City Attorney Kit Williams said.
City Attorney Kit Williams: They would have to go before the Planning Commission to get a
conditional use. It is not an unusual situation for people to get a conditional use.
Alderman Lucas: We think of individual people but we as a Council need to look ahead to the
future. If we can just go with our Planning Department and their planning I think it can be very
successful for everyone.
Alderman Cook: I strongly believe that we need to keep our commercial around the'nodes as
we have outlined in our 2025 Plan. I don't know if you want to call it spot zoning or not but I
just don't think it is an appropriate zoning in that particular spot.
Alderman Allen: I know denying this for them is going to make it harder so it is with regret
that we have to go by the Planning rules or we will open a can of worms that we just can't stop.
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Mayor Coody clarified for the citizens the concerns with spot zoning.
r/
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance failed 1-7.
Alderman Ferrell voting yes. Alderman Lucas, Jordan, Gray, Thiel, Cook, Allen and
Rhoads voting no.
The ordinance failed. - A
R-PZD 07-2680 (Arcadian Court): An ordinance establishing a residential planned zoning
district titled R-PZD 07-2680, Arcadian Court, located at 1631 West Deane Street; containing
approximately 1 .69 acres; amending the official zoning map of the City of Fayetteville; and
adopting the Associated Master Development Plan. This ordinance was left on the Second
Reading at the September 18, 2007 City Council meeting. This ordinance was Tabled
indefinitely at the October 2, 2007 City Council meeting
Alderman Cook moved to suspend the rules and go to the third and final reading.
Alderman Allen seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Jesse Fulcher, Current Planner gave an update on the item since it had been tabled.
Alderman Thiel: The Planning staff and the Planning Commission recommends approval of
this and the planning Commission voted 7-0 in favor of this?
Jesse Fulcher: Yes Ma'am.
Alderman Lucas: What did you see changed from when we tabled it before other than the
landscaping?
Jesse Fulcher: As far as the actual development layout I think just varying the side setbacks, I
don't believe to a great degree, from when it was originally reviewed. There still are the zero
foot side setbacks on one half of the property.
Alderman Lucas: I couldn't see any real difference so'that is why I was asking.
Alderman Thiel: I thought at the last meeting that the Council indicated that we wanted to see
something come back with less density and they did not reduce the density at all did.they?
Jesse Fulcher: No, it is still at 6.5 units.
Alderman Cook: At the meeting last night I think the bottom line for the neighborhood is still
the density. The neighborhood feels like the number of units that are placed here is not
compatible to what they have in their area.
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February l9,2008
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Alderman Ferrell: Does Planning staff still recommend approval.
Jesse Fulcher: Yes.
Alderman Allen: We have a petition from neighbors objecting to the project.
Tim Briesel, the developer and builder spoke on-tfie efforts they have put forth to accommodate
the requests from the neighbors and the City Council. We are asking for three additional units on
these 1 .7 acres. Regarding City Plan 2025 we are accomplishing infill and discouraging urban
sprawl. Tim gave a brief description of the proposed development.
Mayor Coody expressed his concerns with developers not fulfilling their promises.
Tim Briesel: The description in the packet is how we will create this subdivision. This is my
oath in writing that this is what you can expect.
Alderman Jordan: This is zoned RSF-4 isn't it?
Tim Briesel: RSF-4.
Alderman Jordan: So you would be able to build approximately four units under the present
zoning is that correct?
Tim Briesel: No sir it is 1 .7 acres multiplied by four.
Alderman Jordan: So how many units could you build under the present zone?
Tim Briesel: Seven or eight. In the previous presentation I heard some members of the City
Council say positive things about the Planning Commission. Their recommendation was
approval of this project, a unanimous recommendation to the Council for approval- I will stick
by what I have presented to you and I will put together a quality product.
Alderman Rhoads: In this neighborhood how many other homes have you built on lots that
you've bought?
Tim Briesel: In this vicinity we have built five or six within this ward.
Alderman Rhoads: Would you say they are about 1,200-1,500 square feet?
Tim Briesel: They are between 1,250 and 1 ,350 square feet.
Alderman Rhoads: What do they price out as far as per square foot?
Tim Briesel: About $100 per foot. $132, $135, $137 is about where we are seeing them sell. I
have not sat on them; they have been before we finished construction.
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Alderman Lucas: I just had a thought after the meeting last night. You talked about the
distance between the houses, its eight to ten feet is that what you are saying?
Tim Briesel: There is a zero lot line setback on .one particular side and then the minimum
setback on the far side is eight feet.
Alderman Lucas: What is the maximum? - -
Tim Briesel: The way we have it layed out there is between 10 to 12 feet and that is what we
planned on building.
Alderman Lucas: In the back yard what is it?
Tim Briesel: The back yards range from about 15 to about 30 feet.
Alderman Lucas: Which ones have 30 feet?
Tim Briesel: If you look at homes 4 and 9 that is where the 30 feet is.
Alderman Lucas: That would be ten yards?
Tim Briesel: I would like to point out too that a RSF-4 zoning has side setbacks of eight feet.
We chose to go with the PZD at this particular location because it allowed us the flexibility of
doing some zero lot lines and creating our own side setbacks and just trying to create usable
space.
.Alderman Allen: I had a few comments from the neighbors and I know that one Council can
undo another Council but I just wanted clarification of this. There had been some projects in that
area and the neighborhood was assured that there would not be more zoning.
Alderman Jordan explained the history of those projects.
Tim Conklin confirmed what Alderman Jordan said.
Tim Briesel: One of the particular homes that we constructed was in that direct vicinity at Mt.
Comfort and Hendrix. I purchased a lot that was zoned RMF-24, I-had a single family house on
one side and a single family house on the other side. We built a single family home, it was a
spot zoning, we had every right to build a multi-family house on that property but we built a
single family home because it fit in best with the neighborhood. We have that house under
contract to be sold at the end of this week.
Alderman Lucas: Tim Conklin brought that up last night and I thought we had checked all that
property and there were was no more RMF-24.
Tim Conklin: I would have to look into it; I am not familiar with the situation. If I can get an
address or a parcel number after the meeting I will check. '
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Alderman Gray: 1 am going to have to go along with our City staff and vote in favor of this
project. We ask our developers to come forth with attainable housing and they have done that.
He has done what we have asked him to do. I think it is very important that when we ask
developers to design something that fits with our 2025 Plan that give them the go ahead. It is
dense but the people that are going to buy those homes are going to know that they are 8 to 10
feet from their neighbors. If they don't want to be-18 to 10 feet from their neighbors they will not
buy a home there. I appreciate you coming forth with this development and I will support it.
Alderman Allen: I think you have a very attractive project. I am certainly an advocate of
affordable or attainable housing. I believe the neighborhood in which that is going is already
affordable housing and it is like putting some less affordable housing that isn't compatible with
the affordable housing into the same basket which doesn't make sense to me.
She went on to mention the mail and phone calls that she has received regarding this project.
She stated I do not feel that I can support your project in that location.
Alderman Jordan: Last night you said really to make the project work if you didn't get this
zoning you would have to put in four big houses.
Tim Briesel: No sir I did not say that, I don't think that four big houses would sell in this
particular location.
Joyce Richards, resident of Stephens Street stated we presented you all with a packet of our
concerns and history and a list of names of what the people in the neighborhood think. There are
more names being added to that petition and we think it is too dense and we don't think it is a
good fit. How many houses are actually allowable on that lot?
Tim Conklin: It's going to be six and it will depend on whether or not you will get the lot
frontage with the street. It could even be less than six in order for it to actually work.
Alderman Thiel: This is the problem we continuously run into with fairly good infill projects.
On one hand we want to listen to our Planning staff, we have told them we want infill and
affordable housing. I just don't know how we can work out both issues. At the last meeting we
asked for the density to be reduced and it didn't come back that way. I thought we made that
clear. I won't be supporting this like.it is.
Alderman Lucas: This is an old established neighborhood. I promised I was going to protect
this neighborhoods, I live in one. I am not opposed to infill but I think it has to be appropriate to
the neighborhood that it is going into. We promised these people we wouldn't erode their
neighborhood any further.
She went on to voice her concerns about sprawl. If we keep eroding the. family type homes we
are creating sprawl by making these people move farther out. If we reduce these neighborhoods
and reduce them to where there are no children in them we are going to have problems with our
schools. This is one way we can work with the school system. Two to three yards for children
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to play in is not very much. We promised these people that we would not erode their
neighborhood any more.
Alderman Ferrell: We have a unanimous recommendation by the Planning Commission and
the staff. Every infill project that we have had come before us there have been objections. There
is going to be objections to every one that comes and so we either have to disconnect or deal
with them.
Alderman Cook: Planning staff and the Planning Commission operate on a different set of
rules than we do. We have to consider a lot broader issues than they do. There will be questions
and differences of opinion..
Alderman Thiel spoke on projects approved in the past and the differences between them versus
this project. She stated this is a lot of density on a small parcel of land.
Alderman Rhoads: Did we specifically indicate what we thought would be a better density?
Jesse Fuleher: According to the minutes from last years two meetings there was not a specific
number put out by anyone, it was simply the density as a whole was too high. The other
concerns were the side setbacks and the overall compatibility.
Alderman Rhoads: Has there been any discussion from the applicant about cutting back the
number of units?
Jesse Fulcher: I have not had discussions with the applicant regarding reduction in the density.
We were supportive of the project with the current density.
Tim Briesel stated there was a significant amount of time invested with the Planning
Commission up front and we gained their unanimous approval.
Alderman Rhoads: Have you considered fewer units and if so what is your take on that?
Tim Briesel: We have but from the public comments it's always been that it needs to be RSF-4.
Alderman Rhoads: Do you have in your mind a break even point or a point where you can still
make a'decent profit?
Tim Briesel: Its right at that 10 or I 1 units. I don't know quite how to reconfigure it. We are
so limited by the 1 .7 acres; it is difficult to break it down further.
Alderman Jordan stated in the previous.minutes he stated this was too dense but he did not
specify a number.
Alderman Gray: I think the problem when we go to larger homes is the price; we price
ourselves out of the affordable housing market. That is what we have to keep in mind.
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She stated that she would rather see children have 8 or10 feet of greenspace than none. We have
some children that live in apartments that do not have any green space. I think this is a doable
starter home for families that need this size-home.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance failed 2-6.
Alderman Gray and Ferrell voting yes. Alderman Lucas, Jordan, Thiel, Cook, Allen and
Rhoads voting no. -
The ordinance failed.
New Business: -
General Improvement Fund Grant: A resolution authorizing the Aviation & Economic
Development Department to apply for a General Improvement Fund Economic Development
Infrastructure Grant in the amount of $250,000.00 for the creation of an Aerospace &
Technology Park east of Drake Field.
Ray Boudreaux, Aviation and Economic Development Director gave a description of the item.
Paul Becker, Finance and Internal Services Director: I asked for some wording changes to
clarify to the agency that we weren't in fact not committing the million dollars that was
suggested we could commit up to the point. I tried to clarify that specifically for the agencies in
the executive summary.
Alderman Lucas: Just $250,000, they have got lots of money down there.
Ray Boudreaux: This is a new grant that was just given by Governor Beebe to the Commission.
Alderman Lucas: So we can't ask for more?
Ray Boudreaux: There is $1.6 million available for the whole state and they are probably going
to put out small sums. We would hope to get at least the infrastructure research.
Alderman Lucas: I just thought we should ask for more.
Ray Boudreaux: I thought we were asking for quite a large percentage of the whole thing.
Alderman Cook: What is the end result?
Ray Boudreaux: We have no property available for the client that might come in and look for a
place to invest their wealth in or community to create jobs.
He went on to describe the benefits of this grant.
Alderman Cook: We are looking for more space to expand our businesses.
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Ray Boudreaux: Currently we have no place if a client comes to town to show them.
Alderman Cook: I do see the value as potential economic development in that part of town.
Ray Boudreaux: A couple of years ago we were able to get an agreement from the railroad to
put a spur across Highway 71, once that spur is ir1-1hat whole area opens up =for development of
small industry and technology firms, etc.
Alderman Thiel: I just want to say that with the proximity to the Research and Technology
Park, I can't see a better way to start looking at economic development and utilizing funds that
we could get from the State. I commend you for looking at more uses for that airport. I certainly
support this.
Alderman Allen: I feel supportive of it too. I think there are more uses for the airport. I
wanted to ask whether or not this land would have sufficed for Project Shining Star that we were
told about.
Ray Boudreaux: It could work as well. The key is the utilities are not there like they were at
the other site. The other site had utilities at the boundary. We have gas but not enough power.
The water and sewer would have to be run down 156. We could get it there.
Alderman Cook: It mentions in here the economic development money that we have. Do we
have $1 million set aside?
Paul Becker: We have $1 .2 million in Economic Development. That is the money from the
sale of Wilson Springs.
Ray Boudreaux: That money is designated as the Economic Development Match Fund.
Alderman Ferrell: I am in favor of this too. Are we going to be obligating any funds if we
don't get the grant?
Mayor Coody: I think the answer is no, if we don't get the grant there is no money obligated.
Isn't that right Ray?
Ray Boudreaux: The answer is no, not at this point in time. I think we have a good shot of
getting the grant.
Alderman Ferrell: It certainly doesn't hurt for Councilmen and citizens to vote with their State
Representatives and Senators. That is going to be a competitive deal down there. Every little bit
helps.
Alderman Jordan moved to approve the resolution. Alderman Ferrell seconded the
motion. Upon roll call the resolution passed unanimously.
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Resolution 36-08 as Recorded in the office of the City Clerk.
RZN 07-2889 (Cooper.): An ordinance rezoning that property described in rezoning petition
RZN 07-2889, for approximately 0.69 acres, located at the southwest corner of North College
Avenue and East Cleburn Street from R-PZD, Residential Planned Zoning District, to DG,
Downtown General.
City Attorney Kit Williams read the ordinance.
Jesse Fulcher gave a brief description of the item. He stated the Planning Commission
forwarded this to the City Council with a recommendation for approval with a vote of 9-0.
Tim Cooper, the petitioner stated Jesse did a good job explaining what we were doing and so if
you have any questions I would be glad to answer them.
Alderman Thiel: Did we get an explanation as to what happened to the other project?
Tim Cooper: There were three partners on the project and the partners got involved in different
things and it just didn't ever happen.
Alderman Thiel: This project by rezoning it you are keeping a lot of the same uses but you just
don't see it layed out the way it was when we saw it as a PZD.
Tim Cooper: Due to the climate I basically took the property myself and was going to wait and
redevelop at some point then the City approached and said we need to do something. This just
seemed to be the best zoning that fit what we had planned before. We were trying to keep Nick's
garage and we did.some construction work on it. Building Safety said it's not structurally sound,
you need to take it down, and that is what really ended the PZD.
Alderman Allen: I have not heard anything negative and have received a couple of positive
comments from people in the neighborhood. I feel like this is something we can move forward
with.
Alderman Cook: I have not-heard any comment son it either. I would just request that we leave
it on the second reading for one more round because I want to make sure that everybody has a
chance to comment on it.
Tim Cooper: I called and spoke individually with the neighbors and they were fine. Ms.
Reddick came to the meeting and had one or two questions.
Mayor Coody asked what is the difference between Downtown General and this PZD.
Jesse Fulcher: Not a lot of differences.
Mayor Coody: So they are pretty close to being the same?
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