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HomeMy WebLinkAbout2008-11-06 - Agendas - Final Aldermen Ward 1 Position 1—Adella Gray Mayor Dan Coody Ward 1 Position 2—Brenda Thiel Tayel Ward 2 Position I —Kyle B.Cook City Attorney Kit WilliamOvIlle Ward 2 Position 2—Nancy Allen Ward 3 Position l—Robert K.Rhoads City Clerk Sondra Smith Ward 3 Position 2—Robert Ferrell ARKANSAS Ward 4 Position I —Shirley Lucas Ward 4 Position 2—Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting November 6, 2008 A meeting of the Fayetteville City Council will be held on November 6, 2008 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Mayor Coody read a Proclamation in honor of Marsha Melnichak a reporter for the Northwest Arkansas Times. Presentations, Reports and Discussion Items: None Agenda Additions: 1. Marsha Melnichak Resolution: Added before Consent. 2. Fayetteville District Court Record Destruction: Added at the beginning of New Business. 3. Romine Lawsuit Settlement: Added at the end of New Business. The followin2Resolution was added to the agenda: added to the agenda: Marsha Melnichak Resolution: A resolution to acknowledge and thank Marsha Melnichak of the Northwest Arkansas Times for her fair and accurate reporting of City business. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 197-08. A. Consent: 1. Approval of the October 21, 2008 City Council meeting minutes. APPROVED. 2. Allied Waste Services: A resolution authorizing the Mayor to execute a contract with Allied Waste Services to haul and dispose of solid waste in the city limits of Fayetteville. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 198-08. 3. Fulton Waste & Sustainability Services: A resolution authorizing the Mayor to execute a contract with Fulton Waste & Sustainability Services to haul and dispose of solid waste in the city limits of Fayetteville. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 199-08. 4. Bale Chevrolet: A resolution approving the purchase of one (1) compact extended cab pickup truck from Bale Chevrolet of Little Rock through the state vehicle purchase contract in the amount of $14,427.00 plus add-on light bar; and approving a budget adjustment in the amount of$15,036.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 200-08. 5. GCM Properties, LTD., LLC: A resolution approving Amendment #1 to the lease agreement with GCM Properties, LTD., LLC, extending the term of the lease for a period of one year. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 201-08. 6. McClelland Consulting Engineers: A resolution approving Amendment #1 to the agreement for professional engineering services with McClelland Consulting Engineers, Inc. in the amount of$29,290.00 for design services for the Mt. Sequoyah pressure plane improvements; approving the elevated storage tank placement; and approving a $20,000.00 contingency. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 202-08. 7. Edward Byrne Memorial Justice Assistance Grant: A resolution accepting the 2008 Edward Byrne Memorial Justice Assistance Grant in the amount of $24,316.00, $8,106.00 of which will be used by the Fayetteville Police Department for the purchase of equipment with the remainder to be split equally between the City of Springdale and Washington County; and approving a budget adjustment recognizing the grant revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 203-08. 8. Alcoholic Beverage Control Enforcement Grant: A resolution authorizing the Fayetteville Police Department to accept a 2008-2009 grant from the Arkansas Alcoholic Beverage Control Enforcement Division in the amount of $31,677.00 to host a state underage drinking prevention conference; and approving a budget adjustment recognizing the grant revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 204-08. 9. Westside Storage Inc: A resolution approving a settlement with Westside Storage Inc., in the amount of $92,545.00 for right-of-way and easement acquisition for the Rupple Road widening project. Removed from Consent for discussion. 10. Capps Rent A Car Inc: A resolution approving a lease agreement with Capps Rent A Car Inc. for the lease of one (1) 2008 4-door sedan in the amount of$35,000.00 for use by the Fayetteville Police Department officer assigned to the Internal Revenue Service Task Force; and approving a budget adjustment recognizing the reimbursement revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 205-08. 11. Arkansas Economic Development Commission: A resolution authorizing the Building Safety Division to accept a grant from the Arkansas Economic Development Commission Energy Office in the amount of $2,500.00 to fund the Fayetteville Residential Energy Efficiency Promotion program; and approving a budget adjustment recognizing the grant revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 206-08. 12. Policy 41.2.8 Vehicular Pursuit: A resolution approving and adopting Policy No. 41.2.8 "Vehicular Pursuit" to the Fayetteville Police Department's Policies, Procedures & Rules Manual. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 207-08. 13. Policy 26.2.1 Nepotism: A resolution approving and adopting Policy No. 26.2.1 "Nepotism" to the Fayetteville Police Department's Policies, Procedures & Rules Manual. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 208-08. The following Resolution was removed from the Consent Agenda for discussion: Westside Storage Inc: A resolution approving a settlement with Westside Storage Inc., in the amount of $92,545.00 for right-of-way and easement acquisition for the Rupple Road widening project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 209-08. B. Unfinished Business: 1. Hiring Freeze: Hiring Freeze Appeals: None 2. ANX 08-2897 Southpass Development: An ordinance annexing that property described in annexation petition ANX 08-2897 (CC2008-38), for property located west of 1-540 and Cato Springs Road, containing approximately 855.97 acres. This ordinance was left on the First Reading at the October 7, 2008 City Council meeting. This ordinance was left on the Second Reading at the October 21, 2008 City Council meeting. Left on the Second Reading PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5190. 3. R-PZD 08-2898 Southpass Development: An ordinance establishing a Residential Planned Zoning district titled R-PZD 08-2898, Southpass, located south of the City of Fayetteville at the intersection of Interstate 540 and Cato Springs Road (State Highway 265); containing approximately 910.36 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 October 7, 2008 City Council meeting. This ordinance was left on the Second Reading at the October 21, 2008 City Council meeting. Left on the Second Reading PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5191. 4. ADM 08-3117 (Southpass MSP Amendments): A resolution for ADM 08-3117 amending the Master Street Plan, realigning Shiloh Drive, a collector, through the Southpass PZD site south to Cato Springs Road, and changing the designation of Cato Springs Road from a collector to a principal arterial in the Southpass vicinity, as described and depicted in the attached maps. This resolution was tabled at the October 7, 2008 City Council meeting to the October 21, 2008 City Council meeting. This resolution was tabled at the October 21, 2008 City Council meeting to the November 4, 2008 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 210-08. 5. Southpass Development Infrastructure Cost Share: A resolution expressing the willingness of the City of Fayetteville to cost share street and sewer infrastructure costs that would be utilized by both the Southpass Development and the future community park. This resolution was tabled at the October 7, 2008 City Council meeting to the October 21, 2008 City Council meeting. This resolution was tabled at the October 21, 2008 City Council meeting to the November 4, 2008 City Council meeting. THIS ITEM WAS TABLED INDEFINITELY. 6. RZN 08-3084 (Candlelight Place): An ordinance rezoning that property described in rezoning petition RZN 08-3084, for approximately 0.94 acres, located at the southeast corner of Gregg Avenue and Ash Street from RSF-4, Residential Single-Family, 4 units per acre, to RMF-24, Residential Multi-Family, 24 units per acre. This ordinance was left on the First Reading at the October 21, 2008 City Council meeting and Tabled to the November 4, 2008 City Council meeting. Left on the First Reading. THIS ITEM WAS TABLED INDEFINITELY. 7. R-PZD 08-3071 (Bridgedale Plaza): An ordinance establishing a Residential Planned Zoning District titled R-PZD 08-3071 Bridgedale Plaza, located at the southeast corner of Highway 16 East and River Meadows Drive, containing approximately 15.95 acres; amending the official zoning map of the City of Fayetteville; and adopting the associated Master Development Plan. This ordinance was left on the Second Reading at the October 21, 2008 City Council meeting. Left on the Second Reading. THIS ITEM FAILED. 8. Victory Commons Phase I Appeal: An appeal of certain conditions of approval of the Planning Commissions decision regarding Victory Commons Phase I. This appeal was tabled at the October 21, 2008 City Council meeting to the November 4, 2008 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 211-08. The followine Resolution was added to the agenda: Fayetteville District Court Destruction of Records: A resolution authorizing the Fayetteville District Court to destroy certain records pursuant to Arkansas Code Annotated § 16-10-211, recorded Retention Schedule. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 212-08. C. New Business: 1. VAC 08-3108 Forest Hills PZD: An ordinance approving VAC 08-3108 submitted by Morrison-Shipley Engineers, Inc. for property located at 3485 W Wedington Drive to vacate a portion of a sewer easement, a total of 0.33 acres. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5192. 2. VAC 08-3109 Forest Hills PZD: An ordinance approving VAC 08-3109 submitted by Morrison-Shipley Engineers, me. for property located at 3351 W Wedington Drive to vacate a portion of a utility easement, a total of 0.08 acres. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5193. 3. VAC 08-3110 Forest Hills PZD: An ordinance approving VAC 08-3110 submitted by Morrison-Shipley Engineers, Inc. for property located at 3351 W Wedington Drive to vacate unconstructed right-of way, a total of 0.29 acres. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5194. 4. ADM 08-3100 Clean Tech Use Unit: An ordinance amending Chapter 162: Use Units and Chapter 163: Use Conditions of the Unified Development Code to ad a clean Tech Use Unit and assign it to appropriate zoning districts. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5195. The followine Resolution was added to the agenda: Romine Lawsuit Settlement: A resolution to approve a budget adjustment in the Water and Sewer Fund in the amount of $173,528.20 for a full release and satisfaction of judgment in Romine case. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 213-08. Announcements: 1. City Council Tour: None Adjournment: Meeting adjourned at 10:10 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 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. City Council Meeting: November 6, 2008 Adjourn: 10 ; 10 j�JIB Subject: Roll Gray Thiel c/ Cook ( Allen Rhoads Ferrell t� Lucas Jordan Mayor Coody Subject: Motion To: p� dd NPAMQ!E- Motion By: /'� Seconded: Gray ✓ L Thiel Cook Allen Rhoads ✓ ,/ Ferrell c/ Lucas c/ Jordan Mayor Cood Y Y City Council Meeting: November 6, 2008 Subject: Consent Motion To: Motion By: If Seconded: ) Gray AA ihc& Thiel A-I�pravec� ___----- Cook � Allen ✓ Rhoads I/ Ferrell Lucas Jordan r� Mayor Coody g--o Subject: Motion To: LaAaw-k od ptppy o C. Motion By: d Seconded: q Gray G�SS�cvAJ Thiel ✓ Cook �/ Allen f Rhoads ✓ c/� Ferrell ✓ ✓�� Lucas Jordan b 8 Mayor Coody � —D P -0 City Council Meeting: November 6, 2008 Subject: Hiring Freeze Appeals: Motion To: Motion By: Seconded: B. 1 Gray Unfinished Thiel Business Cook Allen Rhoads Ferrell Lucas Jordan Mayor Coody Subject: Hiring Freeze Appeals: Motion To: Motion By: Seconded: B. 1 Gray Unfinished Thiel Business Cook Allen Rhoads Ferrell Lucas Jordan Mayor Coody City Council Meeting: November 6, 2008 Subject: ANX 08-2897 Southpass Development Motion To: Motion By: � �os Seconded: B. 2 Gray Unfinished Thiel Business Cook Al Allen Rhoads ✓ i/ Ferrell ✓ Fere Lucas Jordan �1 q O Mayor Coody Subject: R-PZD 08-2898 Southpass Development Motion To: n Motion By: Seconded: B. 3 Gray Unfinished Thiel Business Cook Allen Rhoads P� Ferrell Lucas f Jordan I I [Mayor Coody 0 City Council Meeting: November 6, 2008 Subject: ADM 08-3117 (Southpass MSP Amendments) Motion To: App r'0 UFo Motion By: Seconded: B. 4 Gray Unfinished Thiel ✓ Business Cook Allen L/ _ Rhoads Ferrell PLucas -® Jordan A �l V Mayor Coody Subject: Southpass Development Infrastructure Cost Share Motion To: Motion By: Seconded: -HA 012 5 B. 5 Gray .Unfinished Thiel ✓ Business Cook ✓ Allen ✓ Rhoads ✓ Ferrell ✓ U Lucas ,✓ Jordan Mayor Coody � - v City Council Meeting: November 6, 2008 Subject: RZN 08-3084 (Candlelight Place) Motion To: O? �G ' d I Motion By: Seconded: B. 6 Gray New Thiel Business Cook �/ ✓ Allen Rhoads 1 ✓ Ferrell �ndQ$;ni Lucas �- Jordan ✓ Mayor Coody Subject: R-PZD 08-3071 (Bridgedale Plaza) Motion To: Motion By: Seconded: B. 7 Gray New Thiel Business Cook Allen Rhoads Ferrell v'� ✓ Lucas ✓ Jordan Mayor Coody City Council Meeting: November 6, 2008 Subject: Victory Commons Phase I Appeal Motion To: Motion By: Seconded: B. 8 Gray New Thiel /V Business Cook �i p Allen AK%0,AJ Rhoads �ku- -I0d Ferrell �cLS Lucas Jordan Mayor Coody Subject: Motion To: i a- F u ` Motion By: Seconded: Gray 1 (O Thiel Cook f4A i + Allen ✓ S2' � Rhoads Ferrell Lucas 1/ Jordan Mayor Coody - 0 1 City Council Meeting: November 6, 2008 Subject: i �U COur& e" SfruC i Motion To: OUJ 410 41 Motion By: JO (-daY\ Seconded: Gray D�J. Thiel Cook Allen Rhoads ', 4-c . Ferrell Lucas Jordan g Mayor Coody Subject: Motion To: Motion By: Seconded: Gray Thiel Cook Allen Rhoads Ferrell Lucas Jordan Mayor Coody City Council Meeting: November 6, 2008 Subject: VAC 08-3108 Forest Hills PZD Motion To: a Kd Motion By: L Seconded: JD cc Y-\ C. 1 Gray V ✓ �/ New Thiel ✓ ,/' ✓ Business Cook ,f f f Allen f f f Rhoads QJ kh ; 44LC U1 e n Ferrell ,/ f Lucas Jordan f ✓ / al C07"IN Mayor Coody Subject: VAC 08-3109 Forest Hills PZD Motion To: Motion By: o da, Seconded: C. 2 Gray r/ �/' ✓ New Thiel �/ ✓ ,/ Business Cook f ✓ ,/ Allen i/ ✓ ✓ Rhoads Ferrell ✓ f / Lucas ✓ g f / Jordan ✓ a✓ �J7 3 [Mayor Coody City Council Meeting: November 6, 2008 Subject: VAC 08-3110 Forest Hills PZD Motion To: / ra Motion By: Seconded: C. 3 Gray ✓ ✓ �✓ New Thiel ✓ ✓ Business Cook ✓ ✓ ,/ Allen r/ ,/ ✓ Rhoads i Ferrell Lucas yr l� o✓ Jordan 5� qq Mayor Coody Subject: ADM 08-3100 Clean Tech Use Unit Motion To: R� Pmo Motion By: AA 04,0 daw Seconded: C. 4 Gray ✓ ✓ �✓ New Thiel L0000, ✓ ,/ Business Cook ✓ 60 ' „✓ Allen �✓ ,✓ ✓ Rhoads tLe , ock Ferrell Lucas ✓ ✓ ,f �j Jordan 1 Mayor Coody City Council Meeting: November 6, 2008 Subject: Motion To: 4-0 Motion By: Seconded: J G raCLY-\ Gray Thiel Cook Allen Rhoads + L) Ferrell f& Lucas Jordan - - —D8 Mayor Coody LOIL Subject: Motion To: Motion By: Seconded: Gray Thiel Cook Allen Rhoads Ferrell Lucas Jordan Mayor Coody Aldermen Ward 1 Position 1—Adella Gray Mayor Dan Coody Ward 1 Position 2—Brenda Thiel ev Ward 2 Position 1 —Kyle B.Cook City Attorney Kit WilliamWard 2 Position 2—Nancy Allen i e Ward 3 Position l—Robert K.Rhoads City Clerk Sondra Smith Ward 3 Position 2—Robert Ferrell ARKANSAS Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting November 6, 2008 A meeting of the Fayetteville City Council will be held on November 6, 2008 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the October 21, 2008 City Council meeting minutes. 2. Allied Waste Services: A resolution authorizing the Mayor to execute a contract with Allied Waste Services to haul and dispose of solid waste in the city limits of Fayetteville. 3. Fulton Waste & Sustainability Services: A resolution authorizing the Mayor to execute a contract with Fulton Waste & Sustainability Services to haul and dispose of solid waste in the city limits of Fayetteville. 4. Bale Chevrolet: A resolution approving the purchase of one (1) compact extended cab pickup truck from Bale Chevrolet of Little Rock through the state vehicle purchase contract in the amount of $14,427.00 plus add-on light bar; and approving a budget adjustment in the amount of$15,036.00. 5. GCM Properties, LTD., LLC: A resolution approving Amendment #1 to the lease agreement with GCM Properties, LTD., LLC, extending the tern of the lease for a period of one year. 6. McClelland Consulting Engineers: A resolution approving Amendment #1 to the agreement for professional engineering services with McClelland Consulting Engineers, Inc. in the amount of$29,290.00 for design services for the Mt. Sequoyah pressure plane improvements; approving the elevated storage tank placement; and approving a $20,000.00 contingency. 7. Edward Byrne Memorial Justice Assistance Grant: A resolution accepting the 2008 Edward Byrne Memorial Justice Assistance Grant in the amount of $24,316.00, $8,106.00 of which will be used by the Fayetteville Police Department for the purchase of equipment with the remainder to be split equally between the City of Springdale and Washington County; and approving a budget adjustment recognizing the grant revenue. 8. Alcoholic Beverage Control Enforcement Grant: A resolution authorizing the Fayetteville Police Department to accept a 2008-2009 grant from the Arkansas Alcoholic Beverage Control Enforcement Division in the amount of $31,677.00 to host a state underage drinking prevention conference; and approving a budget adjustment recognizing the grant revenue. 9. Westside Storage Inc: A resolution approving a settlement with Westside Storage Inc., in the amount of $92,545.00 for right-of-way and easement acquisition for the Rupple Road widening project. 10. Capps Rent A Car Inc: A resolution approving a lease agreement with Capps Rent A Car Inc. for the lease of one (1) 2008 4-door sedan in the amount of$35,000.00 for use by the Fayetteville Police Department officer assigned to the Internal Revenue Service Task Force; and approving a budget adjustment recognizing the reimbursement revenue. 11. Arkansas Economic Development Commission: A resolution authorizing the Building Safety Division to accept a grant from the Arkansas Economic Development Commission Energy Office in the amount of $2,500.00 to fund the Fayetteville Residential Energy Efficiency Promotion program; and approving a budget adjustment recognizing the grant revenue. 12. Policy 41.2.8 Vehicular Pursuit: A resolution approving and adopting Policy No. 41.2.8 "Vehicular Pursuit" to the Fayetteville Police Department's Policies, Procedures & Rules Manual. 13. Policy 26.2.1 Nepotism: A resolution approving and adopting Policy No. 26.2.1 "Nepotism" to the Fayetteville Police Department's Policies, Procedures & Rules Manual. B. Unfinished Business: 1. Hiring Freeze: Hiring Freeze Appeals: 2. ANX 08-2897 Southpass Development: An ordinance annexing that property described in annexation petition ANX 08-2897 (CC2008-38), for property located west of I-540 and Cato Springs Road, containing approximately 855.97 acres. This ordinance was left on the First Reading at the October 7, 2008 City Council meeting. This ordinance was left on the Second Reading at the October 21, 2008 City Council meeting. Left on the Second Reading 3. R-PZD 08-2898 Southpass Development: An ordinance establishing a Residential Planned Zoning district titled R-PZD 08-2898, Southpass, located south of the City of Fayetteville at the intersection of Interstate 540 and Cato Springs Road (State Highway 265); containing approximately 910.36 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 October 7, 2008 City Council meeting. This ordinance was left on the Second Reading at the October 21, 2008 City Council meeting. Left on the Second Reading 4. ADM 08-3117 (Southpass MSP Amendments): A resolution for ADM 08-3117 amending the Master Street Plan, realigning Shiloh Drive, a collector, through the Southpass PZD site south to Cato Springs Road, and changing the designation of Cato Springs Road from a collector to a principal arterial in the Southpass vicinity, as described and depicted in the attached maps. This resolution was tabled at the October 7, 2008 City Council meeting to the October 21, 2008 City Council meeting. This resolution was tabled at the October 21, 2008 City Council meeting to the November 4, 2008 City Council meeting. 5. Southpass Development Infrastructure Cost Share: A resolution expressing the willingness of the City of Fayetteville to cost share street and sewer infrastructure costs that would be utilized by both the Southpass Development and the future community park. This resolution was tabled at the October 7, 2008 City Council meeting to the October 21, 2008 City Council meeting. This resolution was tabled at the October 21, 2008 City Council meeting to the November 4, 2008 City Council meeting. 6. RZN 08-3084 (Candlelight Place): An ordinance rezoning that property described in rezoning petition RZN 08-3084, for approximately 0.94 acres, located at the southeast corner of Gregg Avenue and Ash Street from RSF-4, Residential Single-Family, 4 units per acre, to RMF-24, Residential Multi-Family, 24 units per acre. This ordinance was left on the First Reading at the October 21, 2008 City Council meeting and Tabled to the November 4, 2008 City Council meeting. Left on the First Reading. 7. R-PZD 08-3071 (Bridgedale Plaza): An ordinance establishing a Residential Planned Zoning District titled R-PZD 08-3071 Bridgedale Plaza, located at the southeast corner of Highway 16 East and River Meadows Drive, containing approximately 15.95 acres; amending the official zoning map of the City of Fayetteville; and adopting the associated Master Development Plan. This ordinance was left on the Second Reading at the October 21, 2008 City Council meeting. Left on the Second Reading. 8. Victory Commons Phase I Appeal: An appeal of certain conditions of approval of the Planning Commissions decision regarding Victory Commons Phase 1. This appeal was tabled at the October 21, 2008 City Council meeting to the November 4, 2008 City Council meeting. C. New Business: 1. VAC 08-3108 Forest Hills PZD: An ordinance approving VAC 08-3108 submitted by Morrison-Shipley Engineers, Inc. for property located at 3485 W Wedington Drive to vacate a portion of a sewer easement, a total of 0.33 acres. 2. VAC 08-3109 Forest Hills PZD: An ordinance approving VAC 08-3109 submitted by Morrison-Shipley Engineers, me. for property located at 3351 W Wedington Drive to vacate a portion of a utility easement, a total of 0.08 acres. 3. VAC 08-3110 Forest Hills PZD: An ordinance approving VAC 08-3110 submitted by Morrison-Shipley Engineers, Inc. for property located at 3351 W Wedington Drive to vacate unconstructed right-of way, a total of 0.29 acres. 4. ADM 08-3100 Clean Tech Use Unit: An ordinance amending Chapter 162: Use Units and Chapter 163: Use Conditions of the Unified Development Code to ad a clean Tech Use Unit and assign it to appropriate zoning districts. Announcements: 1. City Council Tour: None 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 accessfayetieville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. A.5 GCM Properties, LTD.,LLC Page 1 of 2 AMENDMENT #1 TO THE LEASE AGREEMENT WITH GCM PROPERTIES LTD., LLC BE IT KNOWN TO ALL: That the City of Fayetteville, Arkansas and GCM Properties Ltd., LLC, on this the 2 -9 day of October, 2008, agree that their Lease Agreement of November 7, 2006, is hereby amended by extending the term of that Agreement for a period of one (1) year. If the new Courts & Prosecuting Attorney's Building is not complete at the and of this extension, the City of Fayetteville shall continue to lease the subject property on a month-to-month basis. That Paragraph 3. RENT is hereby amended by striking all language after the first sentence of the Paragraph, and inserting the following: "The rental amount for this new term shall remain $45,250.00 annually, payable in equal monthly installments of $3,770.83, due the first day of each month of the extended term." The parties agree and understand that this Amendment is supplemental to their Lease Agreement of November 7, 2006, and that it does not alter, amend or abridge any of the rights, obligations, or duties of the parties not expressly addressed herein. IN WITNESS WHEREOF, the parties hereto have caused their signatures to be set by their authorized representative effective the date set forth herein above. GCM Properties Ltd.,LLC City of Fayetteville, Arkansas DAN COODY,Mayor ATTEST: Sondra E. Smith,City Clerk/Treasurer A.5 GCM Properties, LTD.,LLC Page 2 of 2 C.4 ADM 08-3100 Clean Tech Use Unit City Council Meeting of November 4, 2008 Page 1 of 2 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations Karen Minkel, Interim Director of Long Range Planning From: Leif Olson, Long Range Planner Date: October 16, 2008 Subject: ADM 08-3100 (Clean Technology Use Unit) Approval of an ordinance to adopt a Clean Tech Use Unit by amending Chapter 161: Zoning Districts, Chapter 162: Use Units and Chapter 163: Use Conditions and of the Unified Development Code. RECOMMENDATION Staff recommends approval of an ordinance amending the Unified Development Code to adopt a Clean Tech Use unit and assign it to appropriate zoning districts. BACKGROUND Planning Staff has determined that there is a need for a clean technologies use unit in order to allow these types of businesses to locate in appropriate commercial and industrial zoning districts. Clean technologies are defined as businesses that create and/or produce goods and services that greatly reduce or eliminate negative environmental impacts such as wind, solar or fuel cell technologies. Clean technologies are also engaged in research and development of these types of products or services. In many instances, the impact of laboratory or fabrication components of clean technologies is minimal. Clean technologies would ideally produce no greater amount of noise, smoke, truck traffic, etc. than a comparable commercial use such as a restaurant or retail business. The Planning Commission will conduct public hearings and issue conditional use permits for clean technologies located in areas that are not zoned industrial. Planning Staff proposes that the clean tech use unit be allowed by right in the I-1 and I-2 industrial zoning districts and as a conditional use in the R-A, R-O, C-1, C-2, C-3, Downtown Core, Main Street Center and P-1 Institutional zoning districts. The Planning Commission forwarded this item to the City Council at its September 26, 2008 meeting by a vote of 7-0-0 with a recommendation for approval. BUDGETIMPACT None C.4 ADM 08-3100 Clean Tech Use Unit Page 2 of 2 "Exhibit C" ADM 08 - 3100 Chapter 161: Zoning Districts is amended by adding the Clean Tech Use Unit as permitted and conditional uses in appropriate zoning districts. Use Unit 42—Clean Technologies would be allowed as a Use by Right in the following Zoning Districts: 161.24 District I-1, Heavy Commercial and Light Industrial 161.25 District I-2, General Industrial Use Unit 42—Clean Technologies would be allowed as a Conditional Use in the following Zoning Districts: 161. 03 District R-A, Residential-Agricultural 161.16 District R-O, Residential Office 161.17 District C-1, Neighborhood Commercial 161.18 District C-2, Thoroughfare Commercial 161.19 District C-3, Central Commercial 161.20 Downtown Core 161.21 Main Street/Center 161.26 District P-1, Institutional City Council Meeting October 21,2008 Page l of 21 Aldermen Ward 1 Position 1—Adella Gray Mayor Dan Coody Ward I Position 2—Brenda Thiel Ci Attorney Kit Williams Taye ��1 Ward 2 Position 1—Kyle B.Cook City Y 1 Ward 2 Position 2—Nancy Allen Ci Clerk Sondra Smith Ward 3 Position l—Robert K.Rhoads City Ward 3 Position 2—Robert Ferrell ARKANSAS Ward 4 Position 1—Shirley Lucas Ward 4 Position 2—Lioneld Jordan City of Fayetteville Arkansas City Council Meeting Minutes October 21, 2008 A meeting of the Fayetteville City Council was held on October 21, 2008 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Coody called the meeting to order. PRESENT: Alderman Gray, Thiel, Cook, Allen, Rhoads, Ferrell, Lucas, Jordan, Mayor Coody, Assistant City Attorney David Whitaker, City Clerk Sondra Smith, Staff, Press, and Audience. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Friends Of The Library Week Proclamation: Mayor Coody read the proclamation. Presentations, Reports and Discussion Items: Alderman Thiel presented the City Council with a 2009 Pet Calendar from the Humane Society of the Ozarks. The Humane Society of the Ozarks gave the City of Fayetteville $20,000 this year. Those funds came from the proceeds of these calendars. Alderman Thiel thanked the members of the Humane Society of the Ozarks for their help in the community. Agenda Additions: None Consent: Approval of the October 7, 2008 City Council meeting minutes. Approved City Council Meeting October 21,2008 Page 2 of 21 Bid # 08-16 Kinco Constructors, LLC Change Order # 6: A resolution approving Change Order # 6 to the contract with Kinco Constructors, LLC in the amount of $113,970.00 for the installation of the Wilson Park Trail Bridge under Bid # 08-16; and approving a 12% project contingency in the amount of$13,676.40. Resolution 191-08 as Recorded in the office of the City Clerk Bid # 08-51, Kinco Constructors: A resolution awarding Bid# 08-51 and approving a contract with Kinco Constructors in the amount of $3,372,500.00 for construction services for the new LEED Court & Prosecuting Attorney's Building; and approving a project contingency in the amount of$300,000.00. Resolution 192-08 as Recorded in the office of the City Clerk Enforcement of Underage Drinking Laws Mini-Grant: A resolution accepting and enforcing the Underage Drinking Laws Mini-Grant from the Arkansas Department of Finance & Administration in the amount of$6,350.00; and approving a budget adjustment recognizing the grant revenue. Resolution 193-08 as Recorded in the office of the City Clerk State and Tribal Assistance Grant (STAG): A resolution authorizing the Mayor to accept a State and Tribal Assistance Grant (STAG) in the amount of $286,000.00 from the U.S. Environmental Protection Agency for sanitary sewer system improvements; and approving a budget adjustment effective upon receipt of said grant. Resolution 194-08 as Recorded in the office of the City Clerk Alderman Jordan moved to approve the Consent Agenda as read. Alderman Gray seconded the motion. Upon roll call the motion passed unanimously. Alderman Ferrell: What is the estimated date of completion on the new courts building? Lynn Hyke, Project Manager: We are looking at about a year. We anticipate that it should be done November, 2009. Alderman Ferrell: How long do you expect on the demolition? Lynn Hyke: We have to reuse the material so it could be 60 to 90 days. Unfinished Business: Hiring Freeze: Hiring Freeze Appeals: None 2008 Millage Levy: An ordinance levying a tax on the real and personal property within the City of Fayetteville, Arkansas for the year 2008 fixing the rate thereof at 1.3 mills for General Fund Operations, 0.4 mills for the Firemen's Pension and Relief Fund, 0.4 mills for the Policemen's Pension and Relief Fund and 1.0 mill for the Fayetteville Public Library; and City Council Meeting October 21,2008 Page 3 of 21 certifying the same to the County Clerk of Washington County, Arkansas. This ordinance was approved at the September 16, 2008 City Council meeting. A motion was made and passed to reconsider the ordinance at the October 7, 2008 City Council meeting. This ordinance was left on the Third Reading at the October 7, 2008 City Council meeting and tabled to the October 21, 2008 City Council meeting. Alderman Cook: I asked to reconsider this. I do not know if I am supportive or not at this point. Since we are going into the budget I thought we should have it on the table as an option. I stated last year that if we were in a bind this year I would be inclined to look at the Millage. I thought last year we cut the budget about as much as we could without reducing services where it would be noticed and laying off people. None of us really want to do that. My intent is to bring this forward as an option. I would like to have a special meeting after agenda session so we can have one budget discussion before we discuss this. I do not have a set amount in mind. Paul Becker, Finance Director: The General Fund budget is projected to be $35.9 million, based on revenue projections that would leave a short fall of $535,400. Administration's recommendation is to shore that up by the use of reserves. We have to have the Millage to the County by November 1. Alderman Rhoads: What is the total amount in reserves? Paul Becker: About$7.9 million. We need $5.5 million by policy. Alderman Thiel: That does not include the Wilson Springs proceeds. Paul Becker: It does not. Alderman Thiel: That is another$1.2 million. Paul Becker: Between $1 million and $1.2 million. Alderman Thiel: That does not include the $3 million that is in the equipment emergency fund. Paul Becker: It does not include the Emergency Disaster and Equipment Fund which is in excess of$3 million. Alderman Thiel: Those need to be considered. Mayor Coody: If you add all those together does that mean we are between $12 million and $12.5 million in reserves. Paul Becker: In that range. Alderman Rhoads: Two of those reserves are earmarked so I don't want to get a false confidence. Paul Becker: That's correct. Alderman Allen: I would be supportive to having this as an option. City Council Meeting October 21,2008 Page 4 of 21 Alderman Ferrell: When you talk about earmarks, were they earmarked by the Council? Paul Becker: Yes. Alderman Ferrell: Then they can un-earmark them. Paul Becker: Yes. I believe they could. We would have to research it. Alderman Thiel: I hope we have discussion tonight instead of waiting until we vote on it. I think it would be a benefit to the public to know what we are looking at rather than wait until the last minute. I think we should wait until we have the budget discussion to vote on this. Right now there is no increase amount. Paul Becker: If we address the $535,400 that would be half a mill. One mill brings in between $L1 million and $1.2 million. Alderman Allen: Would that be about $50 per household? Paul Becker: It would be less than that, if we consider the average household to be $150,000 house it would be around $20. Alderman Gray: The $535,400 that we are over does that include any increase in pay or COLA. Mayor Coody: Most of that are raises. Mayor Coody and Paul Becker explained what was covered in the$535,400. Paul Becker: I am sorry on the Millage if the appraised value of the house is $150,000 it would be around $15 for a half mill. I am saying to cover the $535,400 would be about a half a mill. Alderman Ferrell: If you look at the increases that the residents have in water and sewer and the economy, I think that needs to be factored in when you think about this. Alderman Gray: I feel like in these economic bad times it is not a good time to think about raising taxes. I will not be supporting it. Mayor Coody: I could not agree more. When we made a presentation to the Council on this we made it clear that we did not support raising taxes now. A year ago we were talking about nine tenths of a mill and we said if the economy tanked it would not be right to try to raise taxes on folks if the economy went down the tubes. I think going up on taxes now when I don't feel we need to would be an injustice. Alderman Jordan: I am certainly glad we did not raise those taxes last year. Alderman Lucas: I am too. Mayor Coody: If we did we could have avoided all this and had COLAS and done a lot of different things. City Council Meeting October 21,2008 Page 5 of 21 Alderman Jordan: I think we can figure out COLAS from a cost savings. Alderman Allen: The water and sewer increases for the average family next year will amount to how much? Paul Becker: Are you talking about the impact fee? Alderman Allen: Yes. Paul Becker: The impact fee on a single family dwelling would go up $700. That will be coming forward. The Water and Sewer Committee looked at that and that is about one third of what the impact fee study said we could increase. Water and Sewer rates are increasing in January. There will be a 20% increase in the sewer rate and approximately a 6% increase in water rates in January. Alderman Thiel: How much would a COLA cost based on the last report. Paul Becker: The company suggested that if we included the COLA that we did not implement last year plus a COLA this year that would be 7.85%. The General Fund alone would have to generate $2.1 million for the COLA. If we want to equate that to Millage that would be roughly 1.8 mills for that alone. Alderman Thiel: What if we just did this year's COLA? Paul Becker: I would estimate it to be between 3% and 4%. If it is 4% we would have to generate about $1.1 million, which would be about I mill. This is just for the General Fund. The impact on the entire funds at 7.85% would be $3.1 million for everybody. $2.1 million would be for the General Fund and $3.1 million for everyone would be the total cost. The impact would be on all funds not just the General Fund. The General Fund would have to have Millage the other funds we would have to factor it into their budget. Mayor Coody: If we took the COLA out of the enterprise funds what kind of an impact would that be on those funds? How would that change the work load or the work product? Paul Becker: We would have to look at the funds and factor $1 million of expenses throughout those funds. That would be an expense that would have to be absorbed by those funds. Alderman Thiel: A rate increase possibly? Paul Becker: It would factor into rates at some point in time. Alderman Gray asked Alderman Jordan to explain his comment that he was glad we did not pass a Millage last year. Alderman Jordan: Because if they are strapped out now and we had passed that Millage last year they would really be strapped out this year. You have added another mill to them. Mayor Coody: I disagree with that. I don't think we would have. Alderman Jordan: Well, that is your opinion.