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HomeMy WebLinkAbout2009-08-18 - Agendas - Final Aldermen Ward 1 Position 1—Adella Gray Mayor Lioneld Jordan Ward 1 Position 2—Brenda Thiel Taye eel e Ward 2 Position 1 —Kyle Cook City Attorney Kit Williams Ward 2 Position 2—Matthew Petty Ward 3 Position l—Robert K.Rhoads City Clerk Sondra Smith ARKANSAWard 3 Position 2—Robert Ferrell S Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting August 18, 2009 A meeting of the Fayetteville City Council will be held on August 18, 2009 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Presentations, Reports and Discussion Items: 1. Second Quarter 2009 Report of Financial Condition of the City—City Clerk 2. Confirmation of the Advertising and Promotion Commission appointment. APPROVED. A. Consent: 1. Approval of the August 4, 2009 City Council meeting minutes. APPROVED. 2. Bid # 09-47 Williams Tractor: A resolution awarding Bid # 09-47 and approving the purchase of one (1) long-arm compact track excavator from Williams Tractor in the amount of$51,425.91 for use by Trails; and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 173-09 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 3. Bid # 09-50 Alpha Building Corporation: A resolution awarding Bid # 09-50 and approving a contract with Alpha Building Corporation in the amount of$173,076.00 for construction of restrooms at Bryce Davis Park; and approving a 10% project contingency in the amount of$17,307.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 174-09 4. Reed and Associates, Inc.: A resolution approving an agreement with Reed & Associates, Inc. in the amount of $45,250.00 for appraisal services associated with the Cato Springs Road Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 175-09 5. Arkansas Highway & Transportation Department (AHTD): A resolution approving a payment in the amount of $5,000,000.00 to the Arkansas Highway & Transportation Department (AHTD) for the City's portion of the project costs associated with widening Crossover Road from Mission Boulevard to Joyce Street. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 176-09 6. State Forfeiture Revenue: A resolution approving a budget adjustment to recognize state forfeiture revenue for Q2/2009 in the amount of $10,717.00 for use by the Fayetteville Police Department. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 177-09 7. Federal Forfeiture Revenue: A resolution approving a budget adjustment to recognize federal forfeiture revenue for Q2/2009 in the amount of approximately $1,392.00 for the Fayetteville Police Department. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 178-09 8. Vehicle Repair Expenses: A resolution approving a budget adjustment recognizing the receipt of insurance reimbursement in the amount of$2,839.00 and appropriating a like amount for vehicle repair expenses for Unit# 1144. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 179-09 9. AT&T District Court/Prosecutor Facility: A resolution approving the purchase through the state contract of a Nortel SRG System and Voice Over Internet Phone (VOIP) sets in the amount of $28,017.00 for the new District Court/City Prosecutor facility. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 180-09 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 B. Unfinished Business: 1. RZN 09-3271 (Sale Barn/Campus Crest LLC, 562): An ordinance rezoning that property described in rezoning petition RZN 09-3271, for approximately 8.87 acres, located at the old Washington County Sale Barn, north and east of 11th Avenue and Government Avenue from I-1, Heavy Commercial/Light Industrial, to DG, Downtown General. This ordinance was left on the First Reading at the June 16, 2009 City Council meeting. This ordinance was left on the Second Reading at the July 7, 2009 City Council meeting. This ordinance was left on the Third Reading at the July 21, 2009 City Council meeting and tabled to the August 18, 2009 City Council meeting. THIS ITEM WAS TABLED TO THE SEPTEMBER 15, 2009 CITY COUNCIL MEETING. C. New Business: 1. City Prosecutor's Office Furniture: A resolution to approve the purchase of $24,551.00 in new equipment and furniture for the City Prosecutor's office from the Norman Company, plus freight, delivery and installation charges and applicable sales tax. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 181-09 2. District Court Office Furniture: A resolution approving the purchase of furniture for the new District Court offices from the Norman Company through U.S. Communities in the amount of$79,268.36; and approving a contingency in the amount of$5,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 182-09 3. RZN 09-3344 (Madewell): An ordinance rezoning that property described in rezoning petition RZN 09-3344, for approximately 0.60 acres, located at 3695 East Huntsville Road from RSF-4, Residential Single-Family, 4 units per acre, to NC, Neighborhood Conservation. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5266 4. R-PZD 07-2452 Links at Fayetteville: An ordinance amending a Residential Planned Zoning District entitled R-PZD 07-2452 Links at Fayetteville to allow the addition of Use Unit#14, Hotel, Motel and Amusement Facilities as a permitted use in Planning Area III, as described herein. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5267 Agenda Additions: Announcements: 1. City Council Tour: August 17, 2009—New Courts Building 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 Adjournment: Meeting adjourned at 6:52 p.m. NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to spear Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 City Council Meeting: August 18,2009 Adjourn: ; 6X 140t" Subject: Roll Lucas Lewis Gray V Thiel Cook Petty Rhoads i✓ Ferrell Y Mayor Jordan Subject: Q 10 . e0NYv S8 iVA/ d p dlf Motion To: a Motion By: COO Seconded: �Q1JtgJ C Lucas Lewis Gray Thiel f Cook ✓ Petty ✓ Rhoads ✓ Ferrell Mayor Jordan City Council Meeting: August 18,2009 Subject: Consent Motion To: Motion By: Seconded: LW Lucas Lewis M;num OL*UU eA Gray Thiel �j ��Q Cook / Petty Rhoads I-Y73-Dq Ferrell D D-OCII Mayor Jordan Subject: Motion To: Motion By: Seconded: Lucas Lewis Gray Thiel Cook Petty Rhoads Ferrell Mayor Jordan City Council Meeting: August 18,2009 Subject: RZN 09-3271 (Sale Barn/Campus Crest LLC, 562) Motion To: 5 P009 Motion By: Seconded: B 1 Lucas Unfinished Lewis Business Gray Thiel T &4-o Cook Petty Rhoads Ferrell._ Mayor Jordan r/ Subject: Motion To: Motion By: Seconded: Lucas Lewis Gray Thiel Cook Petty Rhoads Ferrell Mayor Jordan City Council Meeting: August 18,2009 Subject: City Prosecutor's Office Furniture Motion To: �"rogv- Motion By: k j Seconded: C. 1 Lucas New Lewis Business Gray Thiel Cook 1-�--- " Petty Rhoads Ferrell VX I-CAI Mayor Jordan W-0 Subject: District Court Office Furniture Motion To: r d2 Motion By: Seconded: C. 2 Lucas New Lewis Business Gray Thiel Cook Petty Rhoads f Ferrell Mayor Jordan g0 City Council Meeting: August 18, 2009 Subjectj tRZN09-3344 (Madewell) Motion Motion Seconded: ' U� C. 3 Lucas New Lewis Business Gray ✓ Thiel ✓ ✓ ✓ Cook ✓ �� M nn e�Q Petty Rhoads Ferrell Mayor Jordan Subject: R-PZD 07-2452 Links at Fayetteville Motion To: *-d adt Motion By: 9e CA e Q�) Seconded: /J o !, C. 4 Lucas ✓ ✓ ✓ New Lewis ✓ ✓ Business Gray ✓ ✓ / ✓ Thiel ✓ �/ Cook f �/ Petty , ✓ �_ Rhoads i� ✓ �. Ferrell Mayor Jordan FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS HIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Lioneld Jordan, Mayor THRU: Sondra Smith, City Clerk F FROM: Kit Williams, City Attorney DATE: August 19, 2009 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of August 18, 2009 1. Bid #09-47 Williams Tractor: A resolution awarding Bid #09-47 and approving the purchase of one long-arm compact track excavator from Williams Tractor in the amount of $51,425.91 for use by trails; and approving a budget adjustment; 2. Bib #09-50 Alpha Building Corporation: A resolution awarding Bid #09- 50 and approving a contract with Alpha Building Corporation in the amount of $173,076.00 for construction of restrooms at Bryce Davis Park; and approving a 10% project contingency in the amount of$17,307.00; 3. Reed and Associates, Inc.: A resolution approving an agreement with Reed & Associates, Inc. in the amount of$45,250.00 for appraisal services associated with the Cato Springs Road project; 4. Arkansas Highway & Transportation Dept.: A resolution approving a payment in the amount of $5,000,000.00 to the AHTD for the City's portion of the project costs associated with widening Crossover Road from Mission Boulevard to Joyce Street; 5. State Forfeiture Revenue: A resolution approving a budget adjustment to recognize State Forfeiture Revenue for Q2/2009 in the amount of$10,717.00 for use by the Fayetteville Police Department; 6. Federal Forfeiture Revenue: A resolution approving a budget adjustment to recognize Federal Forfeiture Revenue for Q2/2009 in the amount of approximately $1,392.00 for the Fayetteville Police Department; 7. Vehicle Repair Expenses: A resolution approving a budget adjustment recognizing the receipt of insurance reimbursement in the amount of$2,839.00 and appropriating a like amount for vehicle repair expenses for Unit #1144; 8. AT&T District Court/City Prosecutor Facility: A resolution approving the purchase through the state contract of a Nortel SRG System and Voice-over Internet Phone sets in the amount of $28,017.00 for the new District Court/City Prosecutor Facility; 9. City Prosecutor's Office Furniture: A resolution to approve the purchase of $24,551.00 in new equipment and furniture for the City Prosecutor's Office from the Norman Company, plus freight, delivery and installation charges and applicable sales tax; 10. District Court Office Furniture: A resolution approving the purchase of furniture for the new District Court Offices from the Norman Company through U.S. Communities in the amount of $79,268.36; and approving a contingency in the amount of$5,000.00; 2 Aldermen Ward 1 Position 1—Adella Gray Mayor Lioneld Jordan Ward 1 Position 2—Brenda Thiel Taye eel e Ward 2 Position I —Kyle Cook City Attorney Kit Williams Ward 2 Position 2—Matthee w Petty Ward 3 Position l—Robert K.Rhoads City Clerk Sondra Smith ARKANSAWard 3 Position 2—Robert Ferrell S Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting August 18, 2009 A meeting of the Fayetteville City Council will be held on August 18, 2009 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Presentations, Reports and Discussion Items: 1. Second Quarter 2009 Report of Financial Condition of the City—City Clerk 2. Confirmation of the Advertising and Promotion Commission appointment. A. Consent: 1. Approval of the August 4, 2009 City Council meeting minutes. 2. Bid # 09-47 Williams Tractor: A resolution awarding Bid # 09-47 and approving the purchase of one (1) long-arm compact track excavator from Williams Tractor in the amount of$51,425.91 for use by Trails; and approving a budget adjustment. 3. Bid # 09-50 Alpha Building Corporation: A resolution awarding Bid # 09-50 and approving a contract with Alpha Building Corporation in the amount of$173,076.00 for construction of restrooms at Bryce Davis Park; and approving a 10% project contingency in the amount of$17,307.00. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 4. Reed and Associates, Inc.: A resolution approving an agreement with Reed & Associates, Inc. in the amount of $45,250.00 for appraisal services associated with the Cato Springs Road Project. 5. Arkansas Highway & Transportation Department (AHTD): A resolution approving a payment in the amount of $5,000,000.00 to the Arkansas Highway & Transportation Department (AHTD) for the City's portion of the project costs associated with widening Crossover Road from Mission Boulevard to Joyce Street. 6. State Forfeiture Revenue: A resolution approving a budget adjustment to recognize state forfeiture revenue for Q2/2009 in the amount of $10,717.00 for use by the Fayetteville Police Department. 7. Federal Forfeiture Revenue: A resolution approving a budget adjustment to recognize federal forfeiture revenue for Q2/2009 in the amount of approximately $1,392.00 for the Fayetteville Police Department. 8. Vehicle Repair Expenses: A resolution approving a budget adjustment recognizing the receipt of insurance reimbursement in the amount of$2,839.00 and appropriating a like amount for vehicle repair expenses for Unit# 1144. 9. AT&T District Court/Prosecutor Facility: A resolution approving the purchase through the state contract of a Nortel SRG System and Voice Over Internet Phone (VOIP) sets in the amount of $28,017.00 for the new District Court/City Prosecutor facility. B. Unfinished Business: 1. RZN 09-3271 (Sale Barn/Campus Crest LLC, 562): An ordinance rezoning that property described in rezoning petition RZN 09-3271, for approximately 8.87 acres, located at the old Washington County Sale Barn, north and east of 11th Avenue and Government Avenue from I-1, Heavy Commercial/Light Industrial, to DG, Downtown General. This ordinance was left on the First Reading at the June 16, 2009 City Council meeting. This ordinance was left on the Second Reading at the July 7, 2009 City Council meeting. This ordinance was left on the Third Reading at the July 21, 2009 City Council meeting and tabled to the August 18, 2009 City Council meeting. This Ordinance was left on the Third Reading. C. New Business: 1. City Prosecutor's Office Furniture: A resolution to approve the purchase of $24,551.00 in new equipment and furniture for the City Prosecutor's office from the Norman Company, plus freight, delivery and installation charges and applicable sales tax. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 2. District Court Office Furniture: A resolution approving the purchase of furniture for the new District Court offices from the Norman Company through U.S. Communities in the amount of$79,268.36; and approving a contingency in the amount of$5,000.00. 3. RZN 09-3344 (Madewell): An ordinance rezoning that property described in rezoning petition RZN 09-3344, for approximately 0.60 acres, located at 3695 East Huntsville Road from RSF-4, Residential Single-Family, 4 units per acre, to NC, Neighborhood Conservation. 4. R-PZD 07-2452 Links at Fayetteville: An ordinance amending a Residential Planned Zoning District entitled R-PZD 07-2452 Links at Fayetteville to allow the addition of Use Unit#14, Hotel, Motel and Amusement Facilities as a permitted use in Planning Area I11, as described herein. Agenda Additions: Announcements: 1. City Council Tour: August 17, 2009—New Courts Building Adjournment: NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 T D- 07 - aysa k, 0 Jq���N-, ka C.4 ""�^"�N� R-PZD 07-2452 Links at Fayetteville Q VV Page 1 of 2 ka4.\" Ck,+ "rJ "` City Council Meeting of August 18, 2009 8-11-89 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff From: Jeremy C. Pate,Development Services Director Date: July 29, 2009 Subject: Links at Fayetteville R-PZD Amendment No. 2: Permit Use Unit 914 RECOMMENDATION Staff recommends approval of an ordinance amending the Residential Planned Zoning District for the Links at Fayetteville (R-PZD 07-2452), permitting Use Unit 914, Hotel, Motet and Amusement Facilities, as a use by right in the first phase of Planning Area 111. BACKGROUND Lindsey Management Company, Inc. has submitted a request to amend the approved (and partially contructed) R-PZD, Residential Planned Zoning District for the Links at Fayetteville.The project was approved by City Council on May 15, 2007 on appeal from the Planning Commission's denial of the project. The project consists of a residential` development with 1,221 dwellings as well as 91,880 square feet of non- residential/commercial space,and 16,388 square feet of recreational buildings. i The request is to allow for 50 of the multi family residential units (Planning Area 111) that have already been constructed as part of Phase I to be utilized for short term rentals/extended stay motel type use, which is only permitted under Use Unit 414, Hotel, Motel and Amusement Facilities. When the PZD was approved, it did not include this as a permitted or 'I conditional use in Planning Area III, Multi-Family/Golf Course. Staff finds in favor of the proposed concept to add Use Unit 914, finding that a hotel/motel use would be a compatible and complementary use in this area.As proposed by the applicant, a condition states that a maximum of 50 out of 1,221 (4.0%), of the units will be operated as an extended stay motel type operation which will ensure that the predominantly residential nature of the development will be maintained. DISCUSSION I This item was not considered by the Planning Commission. !i BUDGETIMPACT None. I I I "i C.4 R-PZD 07-2452 Links at Fayetteville Page 2 of 2 City Council Meeting Minutes August 4,2009 Page l of 12 Aldermen Ward 1 Position 1—Adella Gray Mayor Lioneld Jordan Ward 1 Position 2—Brenda Thiel Taye eel e Ward 2 Position 1 —Kyle Cook City Attorney Kit Williams Ward 2 Position 2—Matthew Petty Ward 3 Position l—Robert K.Rhoads City Clerk Sondra Smith ARKANSAWard 3 Position 2—Robert Ferrell S Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis City of Fayetteville Arkansas City Council Meeting Minutes August 4, 2009 A meeting of the Fayetteville City Council was held on August 4, 2009 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Alderman Gray, Thiel, Cook, Rhoads, Ferrell, Lewis, Mayor Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. ABSENT: Alderman Petty and Lucas. Alderman Gray arrived at 6:40 p.m. Alderman Rhoads arrived at 6:55 p.m. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions Mayor Jordan announced that the position for Communications Director for the City of Fayetteville has been filled by Lindsley Smith. Lindsley Smith, Communications Director stated I am excited to be here and I am looking forward to meeting with all of you to see how in my role I can help you. Alderman Cook listed the current openings on the Fayetteville Boards and Committees. Alderman Lewis announced "First Thursdays in Fayetteville" on the Fayetteville Square. She encouraged everyone to attend. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 City Council Meeting Minutes August 4,2009 Page 2 of 12 David Jurgens, Utilities Department Director announced that the City of Fayetteville received the Governor's 2009 Corporate Conservationist of the Year Award. He stated it is the first time in all the history of this award that a City has been nominated or selected. The award is for the Woolsey Wet Prairie Mitigation site that was developed as a part of WSIP. Don Marr, Chief of Staff: A part of the Fayetteville Forward Summit, an action item of the Council voted on as a priority, was to outsource economic development opportunities and issue a City RFP for services. That was done last Thursday so the City is currently in the open bid process of taking responses for that. Don encouraged all entities interested to respond to the RFP. Presentations, Reports and Discussion Items: First Thursday Fayetteville—Art, Theatre, Film, and Music on the Square Thursday, August 6, 2009 - Events start at 5:00 p.m. Consent: Approval of the July 7, 2009 and the July 21, 2009 City Council meeting minutes. Approved Bid # 09-46 Oil Capital Electric: A resolution awarding Bid # 09-46 and approving a contract with Oil Capital Electric in the amount of$27,750.00 for replacement of an electrical buss at the Noland Wastewater Treatment Plant; and approving a contingency in the amount of$2,775.00. Resolution 163-09 as Recorded in the office of the City Clerk. Bid # 09-49 North Point Ford Lincoln Mercury: A resolution awarding Bid # 09-49 and approving the purchase of one (1) extended cab truck from North Point Ford Lincoln Mercury of North Little Rock in the amount of$22,618.28 for use by the Fayetteville Police Department. Resolution 164-09 as Recorded in the office of the City Clerk. Mutual Aid Police Protection Agreement: A resolution approving a Mutual Aid Police Protection Agreement between the City of Fayetteville, Arkansas and the City of Rogers, Arkansas. Resolution 165-09 as Recorded in the office of the City Clerk. Bryce Davis Park Outdoor Recreation Grant: A resolution authorizing the Mayor to apply for an Arkansas Parks and Tourism Outdoor Recreation Grant in the amount of$250,000.00 for the development of Bryce Davis Park. Resolution 166-09 as Recorded in the office of the City Clerk. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 City Council Meeting Minutes August 4,2009 Page 3 of 12 Arkansas Historic Preservation Grant: A resolution approving a grant agreement with the Arkansas Historic Preservation Program in the amount of $5,500.00 for travel and training expenses and publication of educational materials in support of the Fayetteville Historic District Commission; and approving a budget adjustment recognizing the grant revenue. Resolution 167-09 as Recorded in the office of the City Clerk U.S. Marshal Service Reimbursement: A resolution approving a budget adjustment for the Fayetteville Police Department in an amount not to exceed $25,000.00 to recognize reimbursement from the U.S. Marshal Service to cover detective overtime expenses. Resolution 168-09 as Recorded in the office of the City Clerk City Employee Benefits for 2010: A resolution approving renewal of Blue Cross/Blue Shield Health Insurance, Delta Dental Insurance, Reliance Standard City Paid Life Insurance and Reliance Standard City Paid Long Term Disability Insurance; adopting staff recommendations for apportionment of costs for the renewed products; approving the selection of a new employee paid life insurance carrier; approving adding an employee paid long term care product to employee benefits offerings; and approving the status quo continuation of all other benefits offerings and benefits administrative services. Resolution 169-09 as Recorded in the office of the City Clerk. ADM 09-3384 (812 W. Cleveland Street ROW Variance): A resolution approving a variance of the Unified Development Code Section 164.12 (F) Nonconforming Uses and Structures, Repairs and Maintenance, and Section 166.18 Master Street Plan Setbacks, allowing the existing structure located at 812 W. Cleveland Street to remain within the Master Street Plan right-of-way and to be improved greater than the 10% replacement cost allowed by code, within the existing limits of the structure. Resolution 170-09 as Recorded in the office of the City Cleric Alderman Cook moved to approve the Consent Agenda as read. Alderman Thiel seconded the motion. Upon roll call the motion passed 5-0. Mayor Jordan voted yes to approve the Consent Agenda. Alderman Gray and Rhoads were absent during the vote. Alderman Petty and Lucas were absent. Unfinished Business: Wastewater Collection and Treatment Services Amendment: A resolution approving an amendment to the Wastewater Collection and Treatment Services Contract with the City of Farmington, Arkansas. This resolution was tabled at the July 21, 2009 City Council meeting to the August 4, 2009 City Council meeting. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 City Council Meeting Minutes August 4,2009 Page 4 of 12 David Jurgens, Utilities Director gave a brief description of the amendment. He stated this brings the current agreement up to date. Alderman Cook: The Water and Sewer Committee looked over this and no one had any negative comments. This is really just bringing us up to speed with where we are now compared to when we made our original agreement with Farmington. Alderman Ferrell: It's basically just a continuation of that process isn't it? Alderman Cook: It is, it brings the impact fees up to where it needs to be and also distributes the collection from the lift station work we did out there. The multiple points of connection is a little different. David Jurgens: The relations between the two cities through this whole process have been outstanding. Alderman Cook moved to approve the resolution. Alderman Ferrell seconded the motion. Upon roll call the resolution passed 5-0. Mayor Jordan voted yes to approve the Resolution. Alderman Gray and Rhoads were absent during the vote. Alderman Petty and Lucas were absent. Resolution 171-09 as Recorded in the office of the City Clerk. New Business: Amend Chapter 111: An ordinance to amend §111.30 of the Code of Fayetteville related to caterers serving a large meeting or attendance facility. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: I brought this through because of the extensive changes that the State Legislature made in the last session. Mayor Jordan: We will leave it on the first reading of the ordinance. This ordinance was passed at the end of the meeting when additional Aldermen arrived at the meeting. ADM 09-3332 (Urban Residential Design Standards): An ordinance amending the Unified Development Code of the City of Fayetteville, to amend Chapter 161: Zoning Regulations, and 166 Development, to amend certain building form and placement standards for urban residential development. City Attorney Kit Williams read the ordinance. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 City Council Meeting Minutes August 4,2009 Page 5 of 12 Jeremy Pate, Development Services Department Director gave a brief summary of the Code change. Alderman Thiel: We recently had a developer that incurred a problem on the construction aspect of such a reduced setback in front. Do you see problems like this? We live in a hilly terrain and there is a lot of development on slopes and hillsides and I wonder if this is not going to incur some problems with sidewalks and other things. Jeremy Pate: The clarification that needs to be made is that usually the swells, sidewalk, and curb and gutter are located within the right of way which is separate from the building setback area so there is a difference there. This building setback in hilly terrain, we would hope that the developer would recognize that and place the building closer to the street. We are reviewing all of those details at the time that it comes through the planning process. Alderman Lewis: I think it is a good idea. I was wondering if you can think of another example in Fayetteville. Jeremy Pate: The primary example is that someone had to request a PZD to get this in the past. We are trying to build this into the Code so that applicants do not have to be unique. We are trying to establish a standard that allows that flexibility in design but also produces a result that citizens and the Council can come to expect when a zoning district is proposed. This ordinance was passed at the end of the meeting when additional Aldermen arrived at the meeting. ADM 09-3366 (Abshier Heights Amendment No. 3): An ordinance amending a Residential Planned Zoning District entitled R-PZD 06-1883, Abshier Heights, located at the NW corner of Abshier Drive and Hillcrest Avenue, containing approximately 4.11 acres, to reflect revised lot width, lot area and internal setback requirements as described and depicted herein. City Attorney Kit Williams read the ordinance. Jeremy Pate gave a brief summary of the amendment. Jeremy stated this proposal changes the way units can be occupied and sold. Alderman Thiel asked if the Council could take a recess until some additional Council members arrive. Mayor Jordan recessed the meeting. Mayor Jordan called the meeting back to order. Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman Cook seconded the motion. Upon roll call the motion passed 6-0. Mayor Jordan voted yes 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 City Council Meeting Minutes August 4,2009 Page 6 of 12 to move to the second reading. Alderman Rhoads was absent during the vote. Alderman Petty and Lucas were absent. City Attorney Kit Williams read the ordinance. Alderman Cook moved to suspend the rules and go to the third and final reading. Alderman Ferrell seconded the motion. Upon roll call the motion passed 6-0. Mayor Jordan voted yes to move to the third reading. Alderman Rhoads was absent during the vote. Alderman Petty and Lucas were absent. City Attorney Kit Williams read the ordinance. Alderman Lewis: It sounds like a good opportunity for people to own their own home. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 5-0. Alderman Rhoads was absent during the vote. Alderman Lucas and Petty were absent. Ordinance 5263 as Recorded in the office of the City Clerk. ADM 09-3386 (Amber-wood R-PZD Amendment No. 1): An ordinance amending a Residential Planned Zoning District entitled R-PZD 08-2965, Amberwood, located south and east of Double Springs Road and Dot Tipton Road, containing approximately 40 acres, to reflect revised alignment of private drive number 8, revised planning area boundaries, and a modified rear building setback. City Attorney Kit Williams read the ordinance. Jeremy Pate gave a brief summary of the amendment. He stated staff is recommending approval. Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman Cook seconded the motion. Upon roll call the motion passed 6-0. Mayor Jordan voted yes to move to the second reading. Alderman Rhoads was absent during the vote. Alderman Petty and Lucas were absent. City Attorney Kit Williams read the ordinance. Alderman Cook moved to suspend the rules and go to the third and final reading. Alderman Ferrell seconded the motion. Upon roll call the motion passed 6-0. Mayor Jordan voted yes to move to the third reading. Alderman Rhoads was absent during the vote. Alderman Petty and Lucas were absent. City Attorney Kit Williams read the ordinance. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 City Council Meeting Minutes August 4,2009 Page 7 of 12 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 5-0. Alderman Rhoads was absent during the vote. Alderman Lucas and Petty were absent. Ordinance 5264 as Recorded in the office of the City Clerk. ADM 09-3390 (Amberwood R-PZD Amendment No. 2): An ordinance amending a Residential Planned Zoning District entitled R-PZD 08-2965, Amberwood, located south and east of Double Springs Road and Dot Tipton Road, containing approximately 40 acres, to modify condition of approval No. 1, Street Improvements. City Attorney Kit Williams read the ordinance. Jeremy Pate gave a brief summary of the amendment. He stated staff is recommending approval. Alderman Thiel: A section of this is going to have the gutter done before the City does the construction of the road. The $150,000 will be contributed before the City does anything? Jeremy Pate: Regarding the $150,000 that is correct. Prior to us doing any work out there we would have to receive that contribution and process that contribution before we pave the street. In terms of the timing of asphalt or curb and guttering going in first that is something our Transportation Director would work out with the developer to see which one makes the most economic sense to do first and be the most efficient for the City and the developer. Alderman Lewis: Is alternative storm water drainage being considered and how is that tying in? Jeremy Pate: The reference to the green space lots they essentially will help to convey some of the storm water in a different manner than we are accustomed. The drainage from the curb and gutter and Dot Tipton Road would likely be placed within those areas. Some of the streets within this development do not have curb and gutter to allow drainage to ditches and bioswells along this area. That is something we will have to review to ensure it does not create an erosion problem. Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman Cook seconded the motion. Upon roll call the motion passed 6-0. Alderman Petty and Lucas were absent. City Attorney Kit Williams read the ordinance. Alderman Ferrell moved to suspend the rules and go to the third and final reading. Alderman Gray seconded the motion. Upon roll call the motion passed 6-0. Alderman Petty and Lucas were absent. City Attorney Kit Williams read the ordinance. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 City Council Meeting Minutes August 4,2009 Page 8 of 12 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Alderman Lucas and Petty were absent. Ordinance 5265 as Recorded in the office of the City Clerk. Medians in Garland Avenue: A resolution reaffirming the City Council's support for medians in Garland Avenue. Mayor Jordan stated this is something Matthew Petty asked me to bring forward. He gave a brief history of the Garland Avenue road project. He stated you can move the project to a different phase but you can not move the money. Don Marr, Chief of Staff read an email from Matthew Petty. In his email Alderman Petty stated this is the right plan. In the email Alderman Petty thanked the Mayor and City Engineer Chris Brown for their work on the project. Alderman Ferrell: What you are going to suggest to the Highway Department is no intermittent medians,just continuous medians? Mayor Jordan: When we say continuous medians that does not necessarily mean a continuous median. A continuous median is like Highway 265 but it has certain breaks in it. Each one of the breaks is where turns are going to be made so that we have access management. Don Marr: The Highway Department's terminology of continuous medians speaks to a limited number of breaks in the median within a certain distance. Never at any time were the discussions of a continuous median to be a median from the start of the project to the end of the project with no breaks. Under the States definition you would look at a break at a quarter mile basis. The intermittent medians are medians that allow more frequent breaks than that quarter mile distance. Alderman Ferrell: We don't want to be in jeopardy of losing the matching funds so I support you going down there and doing this. Mayor Jordan: Keep in mind that the median now is wider. City Attorney Kit Williams: I think our City Engineer prepared a plan. To make it more clear to the State and also the Highway Department you might want to add at the end of Section 1 as shown on Exhibit `B" attached hereto to show that this is the plan that in fact has been recommended by the City Council. Alderman Lewis moved to amend the resolution to add in Section 1 as shown on Exhibit "B"attached hereto. Alderman Ferrell seconded the motion. Upon roll call the motion to amend passed 6-0. Alderman Lucas and Petty were absent. Jeremy Pate explained the median for further clarification for the citizens watching at home. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 City Council Meeting Minutes August 4,2009 Page 9 of 12 Alderman Cook: After we saw the model from the Highway Department a three lane cross section was not going to be adequate. If we are going to spend the money now we might as well spend it right. If we are going to widen it I want to give that neighborhood and the City as good a street as we can. I think the 83 foot section with the three foot green space between the sidewalk and the curb and the nine foot median with the trees in it will give a good street and will certainly serve us well into the future. Glen David Wilson, property owner near North Garland stated I wondered if it would be possible to minimize that median or eliminate it so there would be no medians all the way from North Street to Holly Street. Alderman Thiel: The Street Department has discussed this issue with Glen David and our consensus was that we make the breaks where it was recommended by the Engineering Department, not a continuous break. Mayor Jordan: When present this plan the State is going to come back with their recommendation and then they are going to have another public meeting. Glen David Wilson: My concern is that the public have easy access to both parts drafted. Terry Falon, with Maxwell asked is there any idea of when Phase I construction would start. Mayor Jordan: I got a letter from the Highway Department and they did not think they could start the project until 2010. Terry Falon: You said 2010. Mayor Jordan: I think that is what they said. Terry Falon: What is the Engineer's estimate on the current plan and how long will that take to construct? Jeremy Pate: To be honest I don't know that we have gotten to that amount of detail yet. If you look at the plans they are very conceptual in nature. Terry Falon: Once that is done how long would it take before Phase II takes it from Janice to I- 540? Mayor Jordan: I don't have a good answer for you. Terry Falon: The way the plans are displayed on the proposal that you are going to take to the State are they subject to movement? 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 City Council Meeting Minutes August 4,2009 Page 10 of 12 Mayor Jordan: There will be another public meeting and the State will come back. They are going to look this plan over and make their recommendations. Then it will come here and we will have public comment. Don Marr: The breaks that are shown on the current map are the breaks planned to be discussed in Little Rock. Terry Falon: It does include sidewalks and bike lanes on both sides? Mayor Jordan: Yes. Susan Dewer, resident of Mt. Comfort Road expressed her concerns on the affects this would have on pedestrians. She asked where the pedestrian crossings were going to be. Jeremy Pate: We have indicated in the plans there is a couple of bus stop areas and that is one. What we would like to do is concentrate those crossings more in specific areas as opposed to everyone just crossing as they choose. Susan Dewer: Will the pedestrian crossings have a light to allow people who are slow to get across all the lanes? Mayor Jordan: It takes about 16 seconds to cross a road and that is why we want the medians there. People can cross to the medians in about eight seconds and have a place to stand as the cars go by and clear. Susan Dewer: Hopefully there will be a safe crossing place for North Street as well. Robert McKay, a resident of 1207 North Maxwell stated one entrance to Maxwell would be blocked due to the median. He stated there are 44 households in that neighborhood with one way in and out. That should be considered. Mayor Jordan: It is going to have some breaks in it if you have looked at the plans. Robert McKay: I would like to be able to turn left. Alderman Cook: The State is going to be designing this road. They will bring it back and there will be a public process. What we are taking to the State now is just a concept of what we want to see. Alderman Thiel moved to approve the resolution. Alderman Gray seconded the motion. Upon roll call the resolution passed 6-0. Alderman Petty and Lucas were absent. Resolution 172-09 as Recorded in the office of the City Cleric 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 City Council Meeting Minutes August 4,2009 Page 11 of 12 Alderman Ferrell moved to place the following two ordinances back before the Council because they now had enough members of the City Council present to suspend the rules and go to the second and third readings. Due to the lack of sufficient City Council members present, they had been left on the first reading: Amend Chapter 111 and ADM 09-3332 (Urban Residential Design Standards). Alderman Cook seconded the motion. Upon roll call the motion passed 6-0. Alderman Petty and Lucas were absent. Amend Chapter 111: An ordinance to amend §111.30 of the Code of Fayetteville related to caterers serving a large meeting or attendance facility. Alderman Thiel moved to suspend the rules and go to the second reading. Alderman Ferrell seconded the motion. Upon roll call the motion passed 6-0. Alderman Petty and Lucas were absent. City Attorney Kit Williams read the ordinance. Alderman Ferrell moved to suspend the rules and go to the third and final reading. Alderman Lewis seconded the motion. Upon roll call the motion passed 6-0. Alderman Petty and Lucas were absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Alderman Lucas and Petty were absent. Ordinance 5261 as Recorded in the office of the City Clerk. ADM 09-3332 (Urban Residential Design Standards): An ordinance amending the Unified Development Code of the City of Fayetteville, to amend Chapter 161: Zoning Regulations, and 166 Development, to amend certain building form and placement standards for urban residential development. Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman Cook seconded the motion. Upon roll call the motion passed 6-0. Alderman Petty and Lucas were absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked Jeremy Pate to give a brief overview for the two Aldermen that were not present during the previous discussion. Jeremy Pate gave a brief description of the item. Alderman Ferrell: I think you have put a lot of work into this and done a great job. This will serve everyone very well. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 City Council Meeting Minutes August 4,2009 Page 12 of 12 Jeremy Pate: I will tell our staff, thank you very much. Alderman Gray moved to suspend the rules and go to the third and final reading. Alderman Thiel seconded the motion. Upon roll call the motion passed 6-0. Alderman Petty and Lucas were absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Alderman Lucas and Petty were absent. Ordinance 5262 as Recorded in the office of the City Clerk. Agenda Additions: Announcements: The meeting adjourned at 7:40 PM Lioneld Jordan, Mayor Sondra E. Smith, City Clerk/Treasurer 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 Aldermen Ward 1 Position 1—Adella Gray Mayor Lioneld Jordan Ward 1 Position 2—Brenda Thiel Taye eel e Ward 2 Position I —Kyle Cook City Attorney Kit Williams Ward 2 Position 2—Matthee w Petty Ward 3 Position l—Robert K.Rhoads City Clerk Sondra Smith ARKANSAWard 3 Position 2—Robert Ferrell S Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Tentative Agenda City of Fayetteville Arkansas City Council Meeting August 18, 2009 A meeting of the Fayetteville City Council will be held on August 18, 2009 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Agenda Session Presentations: 1. Second Quarter 2009 Report of Financial Condition of the City—Paul Becker Mayor's Announcements, Proclamations and Recognitions: Presentations, Reports and Discussion Items: 1. Second Quarter 2009 Report of Financial Condition of the City—City Clerk A. Consent: 1. Approval of the August 4, 2009 City Council meeting minutes. 2. Bid # 09-47 Williams Tractor: A resolution awarding Bid # 09-47 and approving the purchase of one (1) long-arm compact track excavator from Williams Tractor in the amount of$51,425.91 for use by Trails; and approving a budget adjustment. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316