HomeMy WebLinkAbout2010-02-02 - Agendas - Final Aldermen
Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray
Taye
e�lle Ward 1 Position 2—Brenda Thio]
City Attorney Kit Williams Ward 2 Position 1 —Kyle B.Cook
Ward 2 Position 2—Matthew Petry
City Clerk Sondra Smith Ward 3 Position l—Robert K.Rhoads
ARKANSAS Ward 3 Position 2—Robert Ferrell
Ward 4 Position 1 —Shirley Lucas
Ward 4 Position 2—Sarah E.Lewis
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
February 2, 2010
A meeting of the Fayetteville City Council will be held on February 2, 2010 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 January 5, 2010 City Council meeting minutes. APPROVED
2. Animal Shelter Donation: A resolution amending the 2010 city budget by approving a
budget adjustment to recognize animal services donation revenue through the end of 2009
in the amount of$20,595.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 22-10
3. Seamless Systems: A resolution approving a contract in the amount of$34,859.00 with
Seamless Systems for installation of white membrane energy efficient roof and insulation
with CDBG funding for 818 Sang Avenue (Arts Live Theater).
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 23-10
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4. Kim Hoadley Construction Co. Inc.: A resolution approving a contract in the amount
of$23,060.00 with Kim Hoadley Construction Co. Inc. for new storage shed construction
with CDBG funding for the Yvonne Richardson Community Center.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 24-10
5. Joe Perme Construction: A resolution approving a contract in the amount of
$50,195.00 with Joe Perme Construction for an energy efficiency rehabilitation with
CDBG funding for 2052 S. Garland (Head Start).
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 25-10
6. 2010 Underage Drinking Prevention Conference: A resolution authorizing acceptance
of a grant from the Arkansas Department of Finance and Administration to host the 2010
Underage Drinking Prevention Conference and approving a budget adjustment in the
amount of$35,115.00 to recognize the revenue.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 26-10
7. IRS Task Force: A resolution approving a budget adjustment for the Fayetteville Police
Department in the amount of $9,800.00 to recognize reimbursement from the Internal
Revenue Service to cover expenses related to the local IRS Task Force.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 27-10
B. Unfinished Business:
1. Parks HMR Tax Revenues Special Election: An ordinance to amend Ordinance No.
3900 to dedicate and authorize the use of the Parks HMR Tax Revenues for the
development, construction and maintenance of city parks, and to refer such ordinance to
the electors of Fayetteville at a Special Election to be held on May 18, 2010. This
ordinance was left on the First Reading at the January 5, 2010 City Council Meeting.
This ordinance was left on the Third Reading at the January 5, 2010 City Council
Meeting and Tabled to the February 2, 2010 City Council Meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5305
C. New Business: None
Announcements:
1. City Council Tour: February 1, 2010—Walton Arts Center Tour—4:30 p.m.
Adjournment: 6:13 p.m.
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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)521-7700 (479)575-8257(Fax)
accessfayetteville.org
City Council Meeting: February 2,2010 Adjourn: (p
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FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
KIT WILLIAMS,CITY ATTORNEY
DAVID WHITAKER,ASST.CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: Lioneld Jordan, Mayor
THRU: Sondra Smith, City Clerk
FROM: Jason Kelley, Assistant City Attorney /
DATE: February 3, 2010
RE: Resolutions and Ordinances prepared by the City Attorney's Office and
passed at the City Council meeting of February 2,2010
1. Animal Shelter Donation: A resolution amending the 2010 City Budget by approving
a budget adjustment to recognize animal services donation revenue through the end of 2009 in
the amount of$20,595.00.
2. Seamless Systems: A resolution approving a contract in the amount of $34,859.00
with Seamless Systems for installation of white membrane energy efficient roof and insulation
with CDBG funding for 818 Sang Avenue (Arts Live Theater).
3. Kim Hoadley Construction Co.: A resolution approving a contract in the amount of
$23,060.00 with Kim Hoadley Construction Co., Inc. for new storage shed construction with
CDGBG funding for the Yvonne Richardson Community Center.
4. Joe Perme Construction: A resolution approving a contract in the amount of
$50,195.00 with Joe Perme Construction for an energy efficiency rehabilitation with CDBG
funding for 2052 S. Garland (Head Start).
5. 2010 Underage Drinking Prevention Conference: A resolution authorizing
acceptance of a grant from the Arkansas Department of Finance and Administration to host the
2010 Underage Drinking Prevention Conference and approving a budget adjustment in the
amount of$35,115.00 to recognize the revenue.
6. IRS Task Force: A resolution approving a budget adjustment of the Fayetteville
Police Department in the amount of$9,800.00 to recognize reimbursement form the Internal
Revenue Service to cover expenses related to the local IRS Task Force.
7. Parks HMR Tax Revenues Special Election: An ordinance to amend Ordinance No.
3900 to dedicate and authorize the use of the Parks HMR tax revenues for the development,
construction and maintenance of city parks, and to refer such ordinance to the electors of
Fayetteville at a special election to be held on May 18, 2010.
Aldermen
Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray
Taye
e�lle Ward 1 Position 2—Brenda Thio]
City Attorney Kit Williams Ward 2 Position 1 —Kyle B.Cook
Ward 2 Position 2—Matthew Petty
City Clerk Sondra Smith Ward 3 Position l—Robert K.Rhoads
ARKANSAS Ward 3 Position 2—Robert Ferrell
Ward 4 Position 1 —Shirley Lucas
Ward 4 Position 2—Sarah E.Lewis
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
February 2, 2010
A meeting of the Fayetteville City Council will be held on February 2, 2010 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 January 5, 2010 City Council meeting minutes.
2. Animal Shelter Donation: A resolution amending the 2010 city budget by approving a
budget adjustment to recognize animal services donation revenue through the end of 2009
in the amount of$20,595.00.
3. Seamless Systems: A resolution approving a contract in the amount of$34,859.00 with
Seamless Systems for installation of white membrane energy efficient roof and insulation
with CDBG funding for 818 Sang Avenue (Arts Live Theater).
4. Kim Hoadley Construction Co. Inc.: A resolution approving a contract in the amount
of$23,060.00 with Kim Hoadley Construction Co. Inc. for new storage shed construction
with CDBG funding for the Yvonne Richardson Community Center.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
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5. Joe Perme Construction: A resolution approving a contract in the amount of
$50,195.00 with Joe Perme Construction for an energy efficiency rehabilitation with
CDBG funding for 2052 S. Garland (Head Start).
6. 2010 Underage Drinking Prevention Conference: A resolution authorizing acceptance
of a grant from the Arkansas Department of Finance and Administration to host the 2010
Underage Drinking Prevention Conference and approving a budget adjustment in the
amount of$35,115.00 to recognize the revenue.
7. IRS Task Force: A resolution approving a budget adjustment for the Fayetteville Police
Department in the amount of $9,800.00 to recognize reimbursement from the Internal
Revenue Service to cover expenses related to the local IRS Task Force.
B. Unfinished Business:
1. Parks HMR Tax Revenues Special Election: An ordinance to amend Ordinance No.
3900 to dedicate and authorize the use of the Parks HMR Tax Revenues for the
development, construction and maintenance of city parks, and to refer such ordinance to
the electors of Fayetteville at a Special Election to be held on May 18, 2010. This
ordinance was left on the First Reading at the January 5, 2010 City Council Meeting.
This ordinance was left on the Third Reading at the January S, 2010 City Council
Meeting and Tabled to the February 2, 2010 City Council Meeting.
Left on the Third Reading.
C. New Business: None
Announcements:
1. City Council Tour: February 1, 2010—Walton Arts Center Tour—4:30 p.m.
Adjournment:
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NOTICE TO MEMBERS OF THE AUDIENCE
All interested parties may appear and be heard before the City Council. Ifyou wish to address
the City Council on an agenda item please queue behind the podium when the Chair asks for
public comment. Once the chair recognizes you, go to the podium and give your name and
address. Address your comments to the Chair, who is the presiding officer. The Chair will
direct your comments to the appropriate elected official, staff member or others for response.
Please keep your comments brief, to the point and relevant to the agenda item being
considered so that everyone has a chance to 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)521-7700 (479)575-8257(Fax)
accessfayetteville.org
B. 1
Parks HMR Tax Revenues
Special Election
Page 1 of 2
ORDINANCE NO.
AN ORDINANCE TO AMEND ORDINANCE NO. 3900 TO DEDICATE
AND AUTHORIZE THE USE OF THE PARKS HMR TAX REVENUES
FOR THE DEVELOPMENT, CONSTRUCTION AND MAINTENANCE OF
CITY PARKS, AND TO REFER SUCH ORDINANCE TO THE ELECTORS
OF FAYETTEVILLE AT A SPECIAL ELECTION TO BE HELD ON
MAY 18, 2010
WHEREAS, this proposed ordinance will not raise the current Parks Hotel, Motel and
Restaurant tax nor have any effect other than to establish a special city fund in which Parks
HMR revenue could be used for the development, construction and maintenance of city parks;
and
WHEREAS, the voters of Fayetteville approved Ordinance No. 3900 in 1995 which
authorized the use of the Parks Hotel, Motel and Restaurant tax for promotion and development
of City parks; and
WHEREAS, Arkansas statutes would also allow the use of revenues from this existing
Park HMR for maintenance of city parks if approved by Fayetteville voters; and
WHEREAS, the citizens of Fayetteville will be better served by allowing the use of
revenues from the existing Parks HMR not only for development of our many parks, but also for
their maintenance.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends
Section 2 (a) of Ordinance No. 3900 by repealing it and enacting the following in its stead:
"(a) The revenues collected from the Parks Hotel, Motel and Restaurant
Tax shall be used by the Fayetteville Parks and Recreation Department
for development, construction and maintenance of City parks."
B. 1
Parks HMR Tax Revenues
Special Election
Page 2 of 2
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends
Section 5 (c) of Ordinance No. 3900 by repealing it in its entirety and enacting the following in
its stead:
"(c) The following question shall be placed upon the ballot for
the special election to be held during the Preferential Primary
and Nonpartisan General Election on May 18, 2010:
"FOR proposed Ordinance No. amending Ordinance No.
3900 by authorizing and dedicating the revenue from the existing
Parks Hotel, Motel and Restaurant tax to be used for the development,
construction and maintenance of city parks.
"AGAINST proposed Ordinance No. amending Ordinance No.
3900 by authorizing and dedicating the revenue from the existing
Parks Hotel, Motel and Restaurant tax to be used for the development,
construction and maintenance of city parks."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby determines
that the Ballot Title shall be: "An Ordinance To Amend Ordinance No. 3900 To Authorize Use
Of The Revenue From The Existing Parks Hotel, Motel And Restaurant Tax For Development,
Construction and Maintenance of City Parks."
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby refers this
proposed ordinance allowing the usage of revenue from the existing Parks HMR tax for
maintenance of city parks to the qualified electors of the City of Fayetteville, Arkansas, for a
special election to be held on May 18, 2010. This ordinance shall only take effect if approved
and ratified by the Fayetteville voters in the special election of May 18, 2010. If not approved
and ratified by the Fayetteville voters, this ordinance shall be null and void and have no effect
upon the existing Ordinance No. 3900, nor the existing Parks Hotel, Motel and Restaurant tax.
PASSED and APPROVED this 2nd day of January, 2010.
APPROVED: ATTEST:
By: _ By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
City Council Meeting Minutes
January 5,2010
Page 1 of 22
Aldermen
Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray
le
Ward 1 Position 2—Brenda Thiel
CityAttorney Kit Williams j r Ward 2 Position 1 —Kyle B.Cook
Ward 2 Position 2—Matthew Petty
City Clerk Sondra Smith Ward 3 Position l—Robert K.Rhoads
Taye ARKANSAS Ward 3 Position 2—Robert Ferrell
Ward 4 Position 1 —Shirley Lucas
Ward 4 Position 2—Sarah E.Lewis
City of Fayetteville Arkansas
City Council Meeting Minutes
January 05, 2010
A meeting of the Fayetteville City Council was held on January 05, 2010 at 6:00 p.m. in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Mayor Jordan called the meeting to order.
PRESENT: Alderman Gray, Thiel, Cook, Petty, Rhoads, Ferrell, Lucas, Lewis, Mayor
Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recoenitions:
Presentations, Reports and Discussion Items:
Report on the Firemen's and Policemen's Pension and Relief Fund — Mayor Lioneld
Jordan.
Mayor Jordan presented the Firemen's Pension and Policemen's Pensions and Relief
Fund to the Council. A copy of the report is attached.
Election of Vice Mayor:
Alderman Gray moved to elect Alderman Brenda Thiel as Vice Mayor. Upon roll call
Alderman Gray, Thiel, Cook, Petty and Rhoads voted to elect Alderman Brenda Thiel.
Alderman Lewis moved to elect Alderman Shirley Lucas as Vice Mayor. Upon roll call
Alderman Lewis, Ferrell and Lucas voted to elect Alderman Shirley Lucas.
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City Council Meeting Minutes
January 5,2010
Page 2 of 22
Alderman Brenda Thiel was elected as Vice Mayor.
Housine Authority Board Appointment:
Alderman Cook moved to approve the appointment of Olivia Horn to the Housing
Authority Board of Commissioners. Alderman Thiel seconded the motion. Upon roll call
the motion passed unanimously.
Mayor Jordan introduced the new Chief of the Fayetteville Fire Department David
Dayringer. He also thanked Kyle Curry for an excellent job as Interim Chief.
Consent:
Approval of the December 15, 2009 City Council meeting minutes.
Approved.
Amend Police Department Policy: A resolution to approve an amendment to Fayetteville
Police Department Policy No. 26.1.1. Disciplinary Matters and Procedures.
Resolution 01-10 as recorded in the office of the City Clerk
Community Development Block Grant (CDBG): A resolution authorizing the Mayor to
execute the Community Development Block Grant (CDBG) agreement for 2010 when received
in the estimated amount of$649,000.00.
Resolution 02-10 as recorded in the office of the City Clerk.
McClelland Consulting Engineers, Inc. Amendment #1: A resolution approving Amendment
#1 to Task Order #15 with McClelland Consulting Engineers, Inc. for additional right of way
plans for the Runway 16 Safety Area Improvement Project in the amount of$3,650.00.
Resolution 03-10 as recorded in the office of the City Clerk.
Arkansas Western Gas: A resolution approving an agreement with Arkansas Western Gas
Company in the amount of$83,000.00 for relocation of gas lines and appurtenances as part of
the RSA Runway 16 Improvement Project at the Fayetteville Executive Airport, and approving a
$5,000.00 contingency.
Resolution 04-10 as recorded in the office of the City Clerk
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City Council Meeting Minutes
January 5,2010
Page 3 of 22
Watson Condemnation Settlement Proposal: A resolution approving a settlement agreement
with Aaron H. Watson and Patricia Ann Watson concerning condemnation litigation filed as part
of the Mount Comfort Road Widening Project in a total amount of$52,000.00.
The Resolution was removed from the consent agenda.
RJR Enterprises, Inc.: A resolution awarding RFP #09-23 and approving a contract with RJR
Enterprises, Inc. in the amount of$73,000.00 to construct a playground at Doc Mashburn Park;
and approving a project contingency in the amount of$7,300.00.
Resolution 05-10 as recorded in the office of the City Clerk
Arkansas Department of Parks and Tourism Grant: A resolution authorizing the Mayor to
apply to the Arkansas Department of Parks and Tourism for a general improvement fund grant in
the amount of$160,000.00 for improvements to Bryce Davis Park.
Resolution 06-10 as recorded in the office of the City Clerk
Arkansas Recreation Trails Grant: A resolution approving an agreement of understanding
with the Arkansas Highway and Transportation Department for the acceptance of an Arkansas
Recreational Trails Grant to utilize $116,534.00 in federal-aid funds for the construction of Oak
Ridge Trail; and approving a budget adjustment in the amount of$145,668.00.
Resolution 07-10 as recorded in the office of the City Clerk
A & P Commission: A resolution to approve an agreement with the Fayetteville Advertising
and Promotion Commission to furnish collection and accounting services for the Hotel, Motel,
and Restaurant taxes collected for the A & P Commission.
Resolution 08-10 as recorded in the office of the City Clerk.
Alderman Cook moved to remove Item # 6 Watson Condemnation Settlement Proposal
from the Consent Agenda. Alderman Thiel seconded the motion. Upon roll call the motion
passed unanimously.
Alderman Ferrell moved to approve the Consent Agenda as read with Item # 6 Watson
Condemnation Settlement Proposal removed from the Consent Agenda. Alderman Petty
seconded the motion. Upon roll call the motion passed unanimously.
Agenda Additions: None
Unfinished Business:
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City Council Meeting Minutes
January 5,2010
Page 4 of 22
R-PZD 09-3439 (Oakbrooke Phase III): An ordinance establishing a residential planned
zoning district titled R-PZD 09-3439, Oakbrooke Phase III, located within Oakbrooke Phase I
and Oakbrooke Phase II; containing approximately 29 acres; amending the official zoning map
of the City of Fayetteville; and adopting the Associated Master Development Plan. This
ordinance was left on the First Reading at the December 15, 2009 City Council meeting.
Alderman Petty moved to suspend the rules and go to the second reading. Alderman
Ferrell seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Jeremy Pate stated they meet with the applicant since the last City Council meeting and went
over the conditions of approval with which they had concerns. We were able to resolve most of
those with some minor changes to the conditions. Staff was able to change some of those and
agree with the applicant. He went over the recommendations that were presented to the City
Council.
Alderman Lucas: I asked the question last time of how many units increased. You stated 174
from I10. 1 counted and it increased 56 and 31 in area five which would make it 87 in my
calculations.
Jeremy Pate: The original development had 109 dwelling units. There were 110 lots but one of
those was the tree preservation lot.
Alderman Lucas: 110 lots. We are talking about two different things units and lots.
Jeremy Pate: That's correct. In this case there is only one lot difference. In most
developments there is at least a lot for a detention pond.
Alderman Lucas: The lots may have two or three units on them.
Jeremy Pate: Not in this case. With this development there is a condition that ever lot has to
have a maximum of one dwelling unit.
Alderman Lucas: On the maps that you gave us there is a difference. There is an increase.
Jeremy Pate: Yes, between the original development and this proposed development.
Alderman Lucas: I counted and it's 87. Mr. Hoskins said there would be 31 units on planning
area five.
Jeremy Pate: Yes, within the mixed use area that's correct. Those would be apartment style,
generally with apartments above a shop or an office.
Alderman Lucas: The numbers is the planning areas did not jive with me.
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January 5,2010
Page 5 of 22
Jeremy Pate: I can double check that. The applicant stated 109 or 110 lots before and compared
it to this PZD which has 174. However they neglected to mention the lots that are outside this
PZD that were in the original 109.
Alderman Lucas: I wanted to make sure we had the right number.
Alderman Lewis: When you say attached and detached, if something is attached how does that
relate to the units?
Jeremy Pate: They are either single family detached or two and three family attached.
Alderman Petty: There has been a lot of progress made with the agreement with the applicant.
Is there anything left that's in disagreement?
Jeremy Pate: I will let the applicant speak to that. There is still a request to have some attached
units in an additional planning area that is not reflected in our conditions.
Tracy Hoskins, applicant gave a slide presentation. In answer to your question about the added
density we have a total of 174 units with the new plan. Thirty one of the units are flats above
live work spaces in PA 5. So that is actually an increase of 143. It is an increase of 51 homes.
Just because lots are designated to be able to have attached homes does not mean that they will
have attached homes. All homes in Oakbrooke are sold on individual lots. They are single
family residents. Every home is in planning areas one through four. Our average site coverage
is between 24% and 33%.
Alderman Lewis: Is that percent per acre or lot.
Tracy Hoskins: Every single lot.
Alderman Ferrell: I like the live work idea. How do you forecast for how many of those
you're going to build and attract people in?
Tracy Hoskins: In this market I don't know if I can answer that. This type of project is
something that we have always had a passion about. A lot of it is trial and error.
Alderman Ferrell: You have a mix there for everybody.
Tracy Hoskins: The idea is to be able to offer a little bit to everybody.
Alderman Lewis: What is your average square footage for the proposed designs?
Tracy Hoskins: I don't know that we have ever calculated an average square footage but if I
had to use one probably 1800 square feet maybe 1600 square feet.
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Page 6 of 22
Alderman Thiel: I like the idea of attached houses. In all the studies about affordable housing
that is a number one way to create that. Is there that much savings in attaching them at the
garage? Does that offer a benefit to the buyer at a reduced price?
Tracy Hoskins: In planning area two it's to create private outdoor space than cost savings. It
creates private courts yards to the sides of houses. The homes in planning area four can literally
be completely attached side by side. Just because they are attached doesn't mean they are
necessarily going to be classified as affordable. There will be some homes that are attached that
will be more affordable. We will have some detached that are more affordable. The intent is to
get an intergraded mix of just about everything but stay in the same architectural era.
Alderman Lucas: Jeremy is it was true that in a PZD you go for the highest density and then
you might build it for less.
Jeremy Pate: The good thing about a PZD is that the applicant is really showing you how many
dwellings units they are proposing on the property. If you just have an RSF-4 it could go up to
four units per acre but usually it doesn't because you have to have roads. With a PZD you're
actually seeing the maximum number of dwelling units that will go on the property. Yes, that is
the maximum. The developer could certainly combine lots.
Alderman Lucas: Is that the advantage of a PZD? You go for the maximum and say I might
build less? It seems to me a PZD was supposed to be so that people knew what was going to be
built. If we have an RMF-24 then there is nothing we can do if a person was to build it to RMF-
24.
Jeremy Pate: Sure, right.
Alderman Lucas: With a PZD if you have the highest buildable space, highest density, then
that can be built.
Jeremy Pate: That's correct. That is why in some areas of this project we have concerns with if
Mr. Hoskins is the builder I think that he has the goal in mind. That is usually not the case.
There may be fifty different builders on this site. The intent of the PZD was to allow neighbors
and you as the Council to understand the intent of the development. It's very rare that changes
dramatically and when it does it comes back to you. It's very rare that they develop fewer units
than what they are proposing. I would err on the side of the maximum and that's why we present
everything to the maximum.
Alderman Lucas: The City wants.
Jeremy Pate: That's correct. You should be comfortable with the maximum number of
dwelling units. Ultimately that's what you are making a decision on allowing the applicant to
develop that many units or square feet. If you are uncomfortable that's where compatibility
comes into play whether that's a density that is compatible with the surrounding neighborhood.
That's where we come into the design standards and building areas and we get into the details of
the zoning district to make it more compatible.
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City Council Meeting Minutes
January 5,2010
Page 7 of 22
Alderman Lewis: Where do the architectural design standards come from? How is it that we
are allowed to do that?
Jeremy Pate: The PZD ordinance requires a developer to submit architectural design standards
for each planning area. The detail varies by project. We have fewer with single family
residential standards because we don't really have a lot of those identified within our unified
development code. We have more with multi family because we have standards and the PZD
ordinance states that you have to at least meet the minimum requirements. You can't go below
that but you can establish higher standards. That's the intent of the PZD ordinance you're doing
something creative you're establishing unique and higher standards.
Alderman Petty: What is the reasoning behind not allowing attached units in planning area
two?
Jeremy Pate: We're looking at a situation where the graphic shows the unit with the front yard
maintained by the property owner verses the POA and then attaching the rear of the unit which is
something that really doesn't necessarily from the street look like it's attached, because it's just
the garages and rear that are attached I think that is a concept that makes more sense. You go
back to that maximum every one can be attached so you could have all the units attached within
that development. This planning area is a cottage style development. We are looking at creating
a cottage development ordinance within the City to allow for multi family zoning districts to do
more small single family detached dwellings. Every standard we have seen nationwide the
cottage styles are all detached. It's for owner occupied small lots so that the price of the unit
goes down and there's a common area that everyone shares essentially as a front yard or back
yard. When you attach it it doesn't seem to have that same identity. If you take out the cottage
concept and replace this with town homes that is really more of what we are looking at if it's all
attached. These are such small areas and the potential for the building area being as high as what
the Planning Commission has approved the averages are wonderful to shoot for but we are
looking at the maximum. Every one of those lots could be at the very maximum. Unless it's
regulated through zoning district criteria then we have to assume that is going to be a maximum,
regardless of what the intent is of this particular developer. The builder can build it at maximum
and that is our biggest concern on that particular plan.
Alderman Petty: If you don't have a problem with the concept would you be able to work up
alternative language that would still prevent 100% attachment and allow a concept that was
presented.
Jeremy Pate: If that's the Council's direction. That's what we did with the rest of the
development. We struggled with that, we had a long discussion about that, and came to some
terms with a maximum of thirteen throughout the development understanding the intent from the
developer. Attaching these simply adds to that percentage of the overall project that can be
attached. To me that is getting away from what the intent of the project was originally.
Alderman Petty: It would need to be specific you're right. I don't think any of us want to see
fully shared walls in planning area two. If you are okay with that concept as presented I would
personally like to see if we can work something out that would allow that concept.
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Alderman Lewis: On the western side of the Oakbrooke III there are houses that are in a former
Oakbrooke zoning. Are those detached?
Jeremy Pate: Yes, there are 17 lots on the western side that are not included within this PZD.
Eighty two is the difference over the entire property.
Alderman Lucas: Not this side but the west side.
Jeremy Pate: Including the west side. I included the entire boundary. Those 17 remain the
same. Those are single family detached units that are subject to a bill of assurance that the
applicant offered previously that they have to be a certain size.
Alderman Lewis: In planning area one are those detached?
Jeremy Pate: Planning area one is all single family detached.
Alderman Lewis: Thank you.
Paul Johnson, President of Bridgeport POA, discussed the minimum and maximum square feet
of all the different phases in the Bridgeport Subdivision. The concerns are what is going in
there. He voiced his concern about rental property in the project. He requested that the Council
make lots one through ten be detached. That way we don't have to worry about the attached
being right next to a totally different neighborhood, with a different building style, of totally
different sizes. He asked that the Bill of Assurance be amended to include the lots that are not
included in any planned zoning area, bring them up to 2000 square feet and make them close to
what's there now. That way you will have a better flow from neighborhood to neighborhood.
Alderman Petty: Is it the Bridgeport POA's position that you don't want anyone living next to
you in another neighborhood that can only afford a house for a lower price?
Paul Johnson: No sir.
Alderman Petty: That seems to be what you said whenever you said you wanted to use house
size and house cost to control the kind of people that move in next to you.
Paul Johnson: What happens when a rental unit appears next to you is there is no investment of
the person living there. People who are investing in the property will take care of it they will
find a way to solve problems. They won't have the parties.
Alderman Petty: With all do respect by your own admission rich parents often buy houses for
kids who also disrespect their neighborhoods. I don't really see how legislating lots or house
size makes any difference with regards to party houses.
Alderman Lewis: The lots which are outside of the current Oakbrooke III zoning can that be
addressed at this time?
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City Attorney Kit Williams: I do not think they can. Those are the lots that were originally
covered by the Bill of Assurance that was offered by Mr. Hoskins. A Bill of Assurance has to be
offered by the developer it can not be asked for or amended by the City Council. We wouldn't
be able to talk about house size at all if Mr. Hoskins had not in an earlier rezoning request
offered that as a Bill of Assurance. Once he did then any change to that that he might want to
make would be up to the City Council. They wouldn't have to accept any change they can hold
him to what he has offered.
Paul Johnson: Does this negate that Bill of Assurance?
City Attorney Kit Williams: No, the Bill of Assurance will continue to cover the houses and
the property for which it was offered. It can only be changed if in fact the City Council takes
affirmative action to except an amended Bill of Assurance.
Jeremy Pate: The Bill of Assurance that was offered, regarding house size on Oakbrooke
Phases I and 11, covered this entire property. That was associated with that zoning and this is an
entirely different zoning request so there is not a Bill of Assurance associated with this PZD
zoning request.
City Attorney Kit Williams: If this rezoning is not accepted by the City Council the previous
rezoning will remain intact including the Bill of Assurance that covered the previous rezoning.
Jeremy Pate: That is correct.
City Attorney Kit Williams: If this rezoning is accepted then everything within this rezoning
will no longer be affected by the previous rezoning which is no longer in effect. The property
that is outside this that immediately borders the neighborhood will not be affected one way or the
other. Everything within this rezoning, if it is rezoned, will be rezoned without any offer of a
Bill of Assurance that I've heard from the developer.
Paul Johnson: In effect those lots outside will not be attached. Lot I which was previously
detached 1400 square feet minimum could be attached.
City Attorney Kit Williams: It would be controlled by this rezoning, the conditions of
approval, and the statements of conditions that are accepted by the City Council.
Alderman Ferrell: Is the minimum square feet in Bridgeport deemed or mandated by a POA or
covenant?
Paul Johnson: The minimum requirement was 1800 square foot by covenant. There are no
covenants that have been submitted that we know of at this time. Mr. Hoskins stated there would
be covenants but until enough houses are sold he would be in control of the POA. That means it
could fluctuate as needed on his approval.
Alderman Lucas: One through ten in Planning Area III are the ones across the street from the
ones next to your neighborhood.
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Paul Johnson: Yes, ma'am.
Tom Fetner, a resident of Bridgeport Neighborhood: The developer mentioned lot coverage
percentages but he was not sure what size house would go on what size lot so if you do not know
that how can you determine what the coverage would be. There are items in what is being
proposed that are experimental for Fayetteville. I think there are some good ideas here. You are
putting an experiment beside a well established neighborhood. In the four years since we
reached the current PZD that is in effect there have been four house built and not finished or
sold. If this is approved and the development is started and the developer decides he is done will
the PZD still be in effect? Will the letter of assurance still be in effect that we have for the lots
that are not being effected by this PZD or will we be back here going through this again?
Mayor Jordan: I think it will be.
City Attorney Kit Williams: Yes, for all three of those. The Bill of Assurance will remain in
effect for any lots that it's covering now that is not rezoned. If the rezoning is granted that
rezoning runs with the land but if this PZD doesn't work than I would expect any new owner to
come back to City Council with a new proposal.
Tom Fetner: If this is approved at what point in this process does this become written in stone
to where you can't come back again and say I want to change this part of it? Is there any point in
time when that happens?
Mayor Jordan: I don't think so.
City Attorney Kit Williams: No, with any zoning anywhere in the city limits the owner of the
property can come back in and ask to have it rezoned. It doesn't mean the City Council is going
to allow it but at any time an owner can petition.
Tom Fetner: Does that happen very often for RSF-4 to do a lot of changes?
Mayor Jordan: I have seen a few.
City Attorney, Kit Williams: They go through Planning first.
Jeremy Pate: Yes.
Tom Fetner: I am disappointed that we cannot have a new letter of assurance that would affect
the houses that border Bridgeport in exchange to allow a density increase of about 60%. It
would make us feel better if we could request that the houses that border Bridgeport be 2000
square feet to provide a buffer.
Jerry Musick: I am looking at becoming an owner in Bridgeport. I contemplated building a
3000 sq. ft. house on the west side but I am not going to with what's going across from it. The
second concern is drainage.
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Sondra Smith, a resident of Bridgeport: I would invite any alderman that has not been out there
to go out and view the area. I live next door to college kids and 1500 square feet homes. It is
not the size of the home that I am concerned about. My concern is the density of the project.
We are surrounded by affordable housing. The houses in the project look nice. My concern is
the completion of the project. There has been a huge apartment complex completed since this
project came forward. You are flooding that neighborhood with high density.
Nicky Don, a Real Estate Agent: It seems like the residents of Bridgeport's main concerns are
these are going to be rental properties. I deal with a lot of investment properties and the price per
square foot of this project is not going to incent my investors to go out and purchase the
property. The quality of the homes is supreme. We are waiting for the homes in Oakbrooke to
be perfect before we sell them.
Peter Futterknecht, a resident of Bridgeport expressed his concerns that there is no guarantee to
what the development will finally become. It is a great concept the way it is now but it could
change. That is where I find a problem with increasing the density. Density in itself does not
concern me it is what is being offered within that high density.
Melissa Fetner, a resident of Bridgeport, stated her main concern with the development has been
the loosy goosy change that has taken place over the past four years. Every time we get
something settled it changes. She voiced her concerns with the density and the traffic.
Pam Henson, a resident of Bridgeport, voiced her concerned on the density of this project.
Chuck Lewis, POA resident and Covenant Officer, asked if the Council would represent the
homeowners who live in Bridgeport and not just represent those families that are going to live in
Oakbrooke. He also voiced his concern on the density in this project.
Chris Brown, City Engineer: The impervious area is 65%.
Alderman Lewis: How does that compares to other areas.
Chris Brown: That is based on one eighth acre lots. On larger lots the impervious area is 40%.
It is a pretty high impervious area for this type of density. That is in the drainage report. The
detention pond is designed to accommodate that impervious area.
Alderman Petty: In the 2025 goals to me there is only one that matters, the third one, "We'll
make traditional town form the standard." I don't think a 2000 sq. ft. requirement is traditional
town form. I don't think a neighborhood that has no commercial within walking distance is
traditional town form. I think we need to stay true to that.
Alderman Ferrell: The easy thing to do would be to not accept any change. We paid good
money for consultants to come in and tell us that density was a good idea. I understand your
concerns but change is coming and this is a mixed idea that I like. I like the idea of having
commercial upstairs. I understand why people are apprehensive it's not in my back yard.
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Alderman Thiel: I like the changes that have been made. I like the commercial added and the
concept of it being mixed. I don't know if your goal was to increase the density. From what I am
hearing tonight and the traffic out there that concerns me. I can not support the increase in
density. I can support the other changes in it, particularly adding the commercial. I like the other
project and I like this one but from what I'm hearing from everyone and what I see in traffic out
there, coupled with the fact that there has been only four houses built. That concerns me.
Tracy Hoskins: The reason for all these changes is to make it a sellable project, to make it a
good project. Large houses on large lots are a thing of the past. They are not selling. Those four
houses have not been under construction for two years. Every Oakbrook home is designed in our
office by our staff architect. These are some of the highest quality houses built in Northwest
Arkansas. The lots are too large and have to build too large of a house to get a return on it. Right
now, we need to be building the smaller homes. Under the current size of lots the only way we
can build houses in Oakbrook and sell them is to lower the quality because we have so much
money in the land and infrastructure cost. The whole idea is for more density. The redesign of
Oakbrook is the epitome of the City Plan 2025. It's what this city said they wanted. We are
trying to offer something different and with that comes density. He states that with this new
design there is a lot of open and green space that is incorporated.
Alderman Petty: Jeremy if we don't count planning area 5 what is the density in this project?
Jeremy Pate: 4.93 is what I'm hearing from the applicant.
Tracy Hoskins: If you take out planning area five the over all density is right at five units per
acre.
Alderman Petty: What is the density of the Washington Willow Historic District?
Jeremy Pate: Most of it is around 7 to 8 units per acre.
Alderman Gray: I've been conflicted about this project. I have listened to the homeowners in
the area and that's important to me, however, I think we have to realize what our developer has
done and he's reported to us green ideas that he has incorporated, which I think is excellent. We
need this kind of housing in Fayetteville. Who knows what the economy is going to do and
what's going to be built on that property. We don't know what's going to happen that's just the
way it is. I would much rather see Oakbrooke go in there than some of other things that could go
in there. I'll be supporting this project.
Alderman Lucas: What we are looking at here is what the Planning Commission would be
looking if we had sent it back to them. We're not looking at the whole concept. We're supposed
to be looking at the different aspects of this since we didn't send it back to the Planning
Commission for them to give us a recommendation. We need to look at the basics. I think that's
what these neighbors are wanting and that's what I think we should be looking at since we didn't
send it back to Planning Commission.
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Alderman Lewis: The sign permits up to a 75 square feet monument sign and 150 square feet
wall sign per business per wall would be attached to this zoning?
Jeremy Pate: That is correct. Jeremy gave a brief description on the sign ordinance and how it
applies to this project.
Sarah Lewis: I am not clear on the language. Is number two RO language?
Jeremy Pate: Yes. It will allow two 16 square feet wall signs per business and one monument
sign limited to 50 square feet.
Sarah Lewis: Is that a percentage of the building size or is it just dimensions.
Jeremy Pate: It is just dimensions.
Alderman Lucas moved to amend the condition of approval # 2 to the residential office
zoning district signage. Alderman Cook seconded the motion.
Jeremy Pate: It would essentially go back to what staff had recommended at the Planning
Commission, which is to follow a residential office type sign.
Alderman Lucas: This is a residential area. I think residential office is more appropriate for
that area.
Upon roll call the motion passed unanimously
Alderman Lucas moved to accept staff recommendation for the minimum buildable area.
Alderman Lewis seconded the motion.
Jeremy Pate: The Planning Commission recommended 65% for planning areas one and three
and 70% for planning areas two and four. Staff recommends 60% buildable area in planning
areas one through four.
A discussion followed on the motion.
Sarah Lewis: The buildable area is that just the foot print of the building or is that driveway.
Jeremy Pate: Just the buildings. It does not include driveways and parking areas.
Tracy Hoskins: Clarified the reason for the higher coverage area.
Alderman Petty: You are just taking from one area and drawing the line in a different spot.
Tracy Hoskins: Basically yes.
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Alderman Lucas: If we set a maximum there is nothing we can do about it if they build it to
that. That is something we must remember.
Peter Futterknecht, voiced his concern on the increase in buildable space and the guarantee of
green space in the project.
Mayor Jordan agreed that there is no guarantee
Alderman Petty: There are guarantees. The lines are drawn on the map in a specific spot and
they say where the common areas are and where the owner maintained areas. If we approve this,
it's going to be set in stone unless it comes back before Council. It's pretty definitive.
Mayor Jordan agreed with Alderman Petty.
Upon roll call the motion passed 5-3, Alderman Gray, Thiel, Cook, Lewis, Lucas voting yes
and Alderman Petty, Rhoads, and Ferrell voting no.
Alderman Lewis asked Jeremy if planning area number 3 and lots 1 through 10 are those
proposed as a mixture of attached and detached right now.
Jeremy Pate: That is correct.
Alderman Lewis moved to propose lots 1 through 10 be detached single family in planning
area three. Alderman Lucas seconded the motion.
Alderman Petty: There is no way I can support that. It sounds like an endorsement of sprawl.
There is a huge multi-development on the other side of this. Doing attached houses is not the
end of the world. It is an appropriate transition from detached single family to that intense multi
family, which is the Links. That is the essence of appropriate transition. I just can't even
understand the sense of that.
Alderman Lucas: What we are dealing with is compatibility to a neighborhood. In the 2025
Plan sessions the people did not want to destroy established neighborhoods. We want to allow
different styles of buildings but we are looking at compatibility and even the booklet Mr.
Hoskins presented talked about transitioning. This is merely asking that attached homes not be
on this street that is next to a neighborhood that doesn't have attached homes. It's just a matter of
compatibility to a neighborhood.
Alderman Lewis: One reason I think that is a good idea is compatibility but also in talking with
the neighbors around that area there's a lot of workability. They are saying this is a good idea on
these parts but we'd like these parts changed. I think we need to be open to these ideas and try to
work with that. Also, it's right next to the proposed detention area, which I am really having
huge concerns about, with the high density area. I like the idea of density. That type of density is
going to cause real run-off issues. Detached home are going to have broken apart impervious
surfaces, so they will have separated impervious surfaces and that is a positive thing around a
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detention area. Attached homes are attached, they are a good idea but we need to figure out how
to break up those areas. Those are my two reasons for proposing this.
Alderman Petty: Of those ten houses, only one is next to the Bridgeport Subdivision. I don't
see a reason to legislate all ten, maybe the first one as a give me. It just seems like doing what
the neighbors want because they ask for it with out being critical of the project or what has been
asked for.
Alderman Lucas: I think Alderman Lewis made some very good points about the drainage and
the fact this is an area that is flat. If there are a lot of drives and attached pieces of homes you're
going to stop that drainage into the detention ponds. I think she made some very good points and
I agree.
Jim Ramsey, Paradigm Development: The reason for attaching housing especially in those
areas was as a tree control maneuver.
Alderman Lucas: Jeremy how many lots are in planning area three?
Jeremy Pate: Planning area three has a maximum of 76 units.
Alderman Lucas: Out of that there will be 13 with attached?
Jeremy Pate: Correct.
Alderman Lucas: There are plenty of areas to mix attached homes in planning area three if we
do not have it in lots 1 through 10. There's plenty of area to put those 13.
James Davis, Bridgeport resident explained there are no trees on the north section. They are all
in the creek there. All the trees are in the south part of it.
Tracy Hoskins: There are many trees in the area and the reason for attaching the homes is to
maneuver them around the homes.
Upon roll call the motion passed 7-1. Alderman Petty voting no.
Alderman Ferrell: Jeremy how many conditions are there?
Jeremy Pate: We agree with all the conditions that are highlighted.
This ordinance was left on the Second Reading.
New Business:
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Bid Waiver for Asphalt Materials: An ordinance waiving the requirements of formal
competitive bidding during calendar year 2010 for the purchase of asphalt materials for use by
the Transportation Division.
City Attorney Kit Williams read the ordinance.
Terry Gulley, Transportation Services Director: We are still bidding the asphalt. This is
something we put into effect last year in hopes of lowering the price on a quarterly base. That did
take effect last year. We came out with greater savings doing it this way. All we are asking is
that we do not have to come back on a quarterly basis because it will cause an interruption in
receiving the asphalt.
City Attorney Kit Williams: It is so they won't have to come back and have another ordinance
every quarter.
Alderman Thiel: This is good practice.
Alderman Thiel moved to suspend the rules and go to the second reading. Alderman
Ferrell seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Thiel moved to suspend the rules and go to the third and final reading.
Alderman Ferrell seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Alderman Lewis stated that she hopes we can find ways to use less asphalt.
Ordinance 5301 as Recorded in the office of the City Clerk.
Watershed Conservation Resource Center: An ordinance waiving the requirements of formal
competitive bidding and approving a contract between the City of Fayetteville, Arkansas and the
Watershed Conservation Resource Center (WCRC) in the amount of $248,000.00 for a stream
restoration project for a section of the West Fork of the White River adjacent to the Fayetteville
Executive Airport.
City Attorney Kit Williams read the ordinance.
Chris Brown, City Engineer: This is about a 3,000 foot of stream restoration near the airport.
Watershed Conservation Resource Center would be our contractor to handle all the design and to
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move forward on the construction. Total project cost is about $575,000 and the City's portion is
about $248,000.00.
Mayor Jordan: Why did we not put it out for bid?
Chris Brown: This was a grant. The Watershed Conservation Resource Center is an interval
part of that grant. They are actually receiving the grant. The City is the matching funds. We are
the link to the grant through the Watershed Conservation Resource Center.
Alderman Lucas: You have the money?
Chris Brown: Yes. It is included in the budget. It is part of the Nutrient Reduction Plan and it is
in our Storm Water Phase Il budget.
Alderman Lucas moved to suspend the rules and go to the second reading. Alderman
Lewis seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Ferrell moved to suspend the rules and go to the third and final reading.
Alderman Lucas seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Sarah Lewis: The stream restoration in this place, which is up stream from our Noland
Wastewater Treatment Plant, will lengthen the life of that.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5302 as Recorded in the office of the City Clerk.
Amend Chapters 151 & 172: An ordinance amending Title XV: Unified Development Code
of the City of Fayetteville, to amend Chapters 151: Definitions and 172: Parking and Loading in
order to establish further parking standards in districts utilized for single family homes.
City Attorney Kit Williams read the ordinance.
Jeremy Pate: Every year we receive multiple complaints about parking issues. In 2007 we
attempted to address some of that with a parking ordinance amendment that required a maximum
of four vehicles parked in the front yard area. Section 1 of this ordinance does not change the
definition. We are simply moving it from Chapter 172. Section 2 changes the ordinance. What
this proposal is to do is to further restrict how many vehicles can be parked on properties that
contain single family homes. This would be applicable in single family districts and within other
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