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HomeMy WebLinkAbout2008-11-18 - Agendas - Final Aldermen Ward 1 Position 1—Adella Gray Mayor Dan Coody Ward 1 Position 2—Brenda Thiel Ward 2 Position 1 —Kyle B.Cook City Attorney Kit WilliamsPVj Ward 2 Position 2—Nancy Allen Ward 3 Position l—Robert K.Rhoads TayellCity Clerk Sondra Smith 11 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 18, 2008 A meeting of the Fayetteville City Council will be held on November 18, 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: 1. Presentation of Final Check from the Fayetteville Natural Heritage Association: Brooks Hummel $11,500.00 Mt. Sequoyah Woods $20,000.00 2. Quarterly Report of Financial Condition of the City—City Clerk: A verbal report Agenda Additions: 1. Reconsider R-PZD 08-3071 Bridgedale Plaza The following Ordinance was added to the agenda: 1. 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 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 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. This ordinance was left on the Second Reading and Failed November 6, 2008. THIS ITEM WAS TABLED TO THE DECEMBER 2, 2008 CITY COUNCIL MEETING. A. Consent: 1. Approval of the October 28, 2008 Special City Council meeting minutes. APPROVED. 2. Cherokee Nation: A resolution approving a budget adjustment in the amount of $175,000.00 to the solid waste fund and recognizing like revenue from the Cherokee Nation for reimbursement of costs associated with operation of the transfer station through the end of FY2008. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 214-08. 3. Fayetteville Police Department Donations: A resolution approving a budget adjustment in the amount of $3,950.00 recognizing donation revenue to the Fayetteville Police Department from various sources. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 215-08. 4. 2007 & 2008 Gulf Coast High Intensity Drug Trafficking Area Grant: A resolution authorizing the Fayetteville Police Department to accept the sub-recipient portion of the 2007 and 2008 Gulf Coast High Intensity Drug Trafficking Area Grants in the respective amounts of $4,000.00 and $10,000.00 for overtime reimbursement; and approving a budget adjustment recognizing these grant revenues. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 216-08. B. Unfinished Business: 2. Hiring Freeze: Hiring Freeze Appeals: NONE. C. New Business: 1. Amend Chapter 164, ADM 08-3094 (UDC Chapter 164.04 Animals & Fowl): An ordinance amending the Unified Development Code by repealing and replacing Chapter 164.04: Animals and Fowl, to permit a property owner to keep a maximum of four chickens (hens)within residential districts of the city, subject to the restrictions herein. THIS ITEM WAS TABLED TO THE DECEMBER 2, 2008 CITY COUNCIL MEETING. 2. Residential Trash Service: An ordinance waiving the automatic annual price increase for residential trash service for fiscal year 2009. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5196. 3. Proposed 2009 Annual Budget & Work Program: A resolution adopting the 2009 Annual Budget and Work Program as amended and approved. THIS ITEM WAS TABLED TOTHE DECEMBER 2, 2008 CITY COUNCIL MEETING. 4. Southpass Development Company, LLC: A resolution to approve approximately $744,880.00 as a 50150 cost share with Southpass Development Company, LLC for the sewer installation costs for the Regional Park and Southpass PZD. THIS ITEM WAS TABLED TO THE DECEMBER 2, 2008 CITY COUNCIL MEETING. Announcements: 1. City Council Tour: None. Adjournment: Meeting adjourned at 7:35 p.m. NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to speak Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org Special City Council Meeting Minutes October 28, 2008 Page i of 6 Aldermen Ward 1 Position I —Adella Gray Mayor Dan Coody � - Ward 1 Position 2—Brenda Thiel Ward 2 Position 1 —Kyle B. Cook City Attorney Kit Williams &mop Ward 2 Position 2 —Nancy Allen Ward 3 Position 1 —Robert K. Rhoads City Clerk Sondra Smith Ward 3 Position 2 —Robert Ferrell ARKANSAS Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2 —Lioneld Jordan ffl'('h City of Fayetteville Arkansas 3 ik4;.L Special City Council Meetings,Minutes;i L October 28, 200$ , X. hP TJ yi L nor' F i A special meeting of the Fayetteville City Council4,i ;as held on October 28, 2008; at 5ri30 PM in Room 219 of the City Administration BuiltlinJgirQcated (113 West Nztitain Street, Fayetteville, Arkansas. ,L:S�..•.:rx Mayor Coody called the meeting to order. L1 . +�rftir',t av4i14y + rt�w }4 r r,JJ avJ,,N r �suJ PRESENT: Alderman Thiel Cook All's ;JTU_ knais, Ferrell, Tl`ua , Jordan, Mayor Coody, > p 5 City Attorney Kit Williams, City Clerk Soi%dra Situ 'hr�5taff, P>�ess, and Audience. z i . •. ilrnp� ' �•h �� ABSENT: Alderman G,.r.,ay t.s•Jr;,y. ;' Y�Y tJ'!.'YYJYY i Y AN* .'�... f.r � 4 }X& }'1 /� f.:. .5:t',i'i .5 Pledge of Allegian..:' i'S',:.,,;'k4 .',z ;�.L• Y::;,' X. tKft�R.'SLt, : ft.'.�:'i'.'h'f:L�'(:n1 fs4� ^4L,k r ;,•4 ti 4}''�'w:':✓rJaui ^' i '''{r4 Unfinished Bus><ness ifLy L• n L 44kY S,SYitL 4nk tilt h� i' x4'• 2008,d1' 1�41�; ge Levy: An4, nance` vying a tax on the real and personal property within the City of h ` fteville, Arkari for thdntYear 2008 fixing the rate thereof at 1 .3 mills for General Fund perJ 0.4 mills;u; r the Firemen's Pension and Relief Fund, 0.4 mills for the Policemen's Rd" on and Rdl ef Fund and 1.0 mill for the Fayetteville Public Library; and . S{n'�. r;itiLti certifying the sarrl ;Ketithe Cp`unty Clerk of Washington County, Arkansas. This ordinance was 45J.i% approved at the Septeri�be.r"16, 2008 City Council meeting. A motion was made and passed to reconsider the ordinaffib" 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. This ordinance was left on the Third Reading at the October 21, 2008 City Council meeting and tabled to a Special City Council meeting on October 28, 2008. Mayor Coody: Our deadline is pretty quick. Paul Becker, Finance Director: The General Fund budget is $35.9 million. When we look at estimated revenues versus the projected expenditures we are short $535,400 at this point in time. The administrations recommendation was to use reserves however we are going to discuss that in Special City Council Meeting Minutes October 28, 2008 Page 2 of 6 the future. Right now we are talking about what the Millage amount should be. The recommendation by the administration is to keep the Millage amount at 3.1 mills which is consistent with what it was last year. We discussed this at our last budget discussion and there were some options talked about and issues relating to Millage. That is where we are, whether or not to keep the Millage as recommended, which is 3.1 for the City, or adjust that, or amend it. Mayor Coody: Regarding the resolution the City Council presented to present a balanced budget, I appreciate that. I hate that it was perceived that I was being obstinate by not doing that but we really did go through and made cuts the last couple of years. This year we made as many cuts as we possibly could. We got to the point we could not cut without laying people off or raising taxes. Neither one of those scenarios seemed the best wayf„ A do; business. When we NJ,{Y presented this budget and we had around a $500,000 dip into res�rk'.Si es t was not to be obtuse, it was because we really didn't feel like we had much of a choice> VIf e could have made further xSk:L' �kiyati551� cuts without laying people off and cutting services or raisin grtaxes tliat, r4exactly what we would have done. I just want folks to understand we were not trAgyto, be hard led) ed or anything. �1.'y','•.....SVr,:., wrV krla�Yn 1" Alderman Allen: Can I ask one question about tb 'because I was not cle`�aatyhen we passed 'k.. 5. ria 1 ''{k that resolution, I do not know the peaking order" ru ,• ,'-to is in charge of maks �f�a decision? If we mandate you to do that then you can tram our matate� 'ust didn't unde stand that ve Y Y p J k,. �r ' well. }'a .,' :. ; YikL''.�•> M1i'• `'ayuw:rlrti{Ijy, Mayor Coody: The resolution was a reWgt from the City Coup kil for us to present a balanced budget and we did the best we could. Ge^ c`il 'tnot meet thakhife request. We met that °f k�Fa '3 F'kgk4k• request as closely as we could. One thing `that ` tlu ;:people do ,dot understand is that we are two branches of government, the legislativerbrancll, lic1 ;the >Council is, and the Executive Branch, which I am and thg, works for ug,,, elect . k by all the citizens of Fayetteville, trr 5.'A Sk53k.YJr M11 ti Arkansas, not by ward; p 'essentifilIly I answer ta�.the entire citizenry of Fayetteville just as much as trying to work ity C'tstiYncil. My job'ds to present the best budget that we can from our perspective for the ` r tyrkof Fayetteville and talo; r�ti'to the Council and the Council's job is to take that draft budget andjr�ib, I change itr44amend it, or approve it and then give it back K Y 5 LShsl r 5F � ^r VLk �4 to us. Once,",t�t "t,p dg t,is appxlQ�ed then thatY�st the budget that we work within. The branches of governmelit"mean7 RO". or thetk itizens of Fayetteville so that is who I was working on behalf T!� 5 SS/ fit}t'gqC�iM1'at S'. t5n''l{r�L'l of iv'Std ��•::? h'�`i5vt:y{'. ir5� t.�t..,nrvr t....R'd.k• N'1�iVFV S'1.'v .,'t r sw�4yrtii�k.fi '�tnKrnf�•kr �r{tr�'}•Lv' n 1.5ti rr L Alderman Q�k: M ro oF�" 1 is to` add another half mill to our current discretionary Millage. iSfr,q Y p p r , Thereason '`'a am proposipg that stems from last years budget discussion. Last year we had a kh}L�tiL ';i•}r shortage and a O9*14 hcrease v s presented, there were several citizen comments that they did not L k1Vt4. ti feel the budget ha N, ]k]4 „ fined einough and they thought there were cuts that could be made. •� . That is what we did. `' ;idled against the Millage because I thought we could make the cuts and balance it and I believed at that time, I thought sales tax would come back. This year sales tax has come back but based on the preliminary submittal of the budget we are looking at being $535,000 short. I said last year that if we run into this again I will support a Millage and that is where I am at now: I am supporting a half mill increase because to make cuts now people really , will see cuts in services and potential layoffs. I know we are going to make some adjustments to the budget that we talked about at the budget session but even then we are cutting into the capital expending some. That is not a good consistent way to go because I hate cutting into our capital funds. Last year I caught a lot of grief for not supporting the Millage because people thought that they would see a reduction in services. That is where I am at this year. I really think we will see that reduction. I am proposing this half mill increase to cover what we currently are 'showing Special City Council Meeting Minutes October 28, 2008 Page 3 of 6 as a shortage. I am not tying it with any other discussion right now as far as employee compensation and any of those other items, those are future discussions. All I am asking is that we relook at this and consider a half mill increase. Mayor Coody: To cover the $500,000. Alderman Cook: Yes sir. Alderman Thiel: Paul, you gave us at a previous meeting the monthly report of the sales tax revenue and we have an increase of how much? Paul Becker: $504,000 over budget at this point in time. A portioh'of thaf roughly $237,000 is going to General Fund Operations which that is what we are talkriyabout now. The balance will be going to the sales tax capital fund. -4,�tt` pkh1'LVykt X51.. yT' �, Alderman Thiel: I guess what I am referring to 1�-�pan`fie use that $2 ? 000 that is in the General Fund towards our next year's budget? Paul Becker: The answer is yes but let me tryto expfa p the mechanism. We ;go through and Y.Y..r look at all of the revenue, remember I told you before=<that>wve would probably get less and a matter of fact we will get almost $200,0,00 less in interest "rngme. There will be some ups and downs in other areas of the revenue bud' k Whatever happens 5tlt amount will go to reserves. We should have some dollars going to resee"s5\ \ o,do that and use:°fit for next years budget, what we would do is take it out of reserves. If wd,�,get more revenue than expenditures, which I believe we will, that will go into our reserves. 5i5}it iyt�{R\f Y 5 5Y5 VS' ' T\i'Y Alderman Thiel: So th�I >,1 s s ho5i,, ts}=yvie get our resd;ves? V 45514{"1�P". Paul Becker: That >s c......t 1 f4 7n. .f k t:. 55k� ,tet \ iY i1f�5 4 r kn \i ih i'i, . y 5 Alderman ' \ 44\w; kRul a way,' ,\s a way`'otik,' 11funding years like this whenever things are tough and we he a cer�C�i"mount 'o the fund balance or the $2.4 million that we can use for \ Sirµ, discretrary funding wh� 5jxs what: vee\sal looking at right now. Plus we really haven't finished 5ru2rri�' tY . ltik'S51" `fir 5.4�� � the b" Q, I knocf5we haven t whittled very much but we have a little. I don't know if we can c k°much more but' le founf a few little things. s Mayor Coody: ` 1rymore th' ig I want to add is that the farther we go toward the end of the year it is easier to get to LAT bers and a more clear picture of what the rest of the year is going N . to look like. The f i, i r ahead we try to look down the road the more broad the range of possibilities are with our numbers. The closer you are to the end of your budget cycle the more clear the budget picture looks. When Paul gives us numbers they might be subject to change a little bit just because with new information coming in makes it clearer toward the end of the cycle. I just want to make that clear. Paul Becker: They change all the time. That is our best projection now. We talked about the General Fund and the Sales Tax Capital Fund and those are the basic funds that we need to look at to balance. Almost all of the other funds are restricted. The enterprise funds have to be used on those particular services because they are financed by rates which are generated for that. We have special revenue funds which are in fact restricted to use. For example the street fund must Special City Council Meeting Minutes October 28, 2008 Page 4 of 6 be used on street programs. The options that we have looked at are the options for the General Fund situation at this point in time. I will be coming forward with the entire budget in November which is our normal time table. Alderman Allen: I have a question for Kyle. I was wondering whether or not your half mill property tax request would be going in the General Fund or cost of living. Alderman Cook: It would be General Fund. I think any potential salary increases is another discussion once we get into the budget. I know we talked about that some at the last meeting. I am in favor of trying to help the employees out wherever we can but I..•think that is a discussion we will have. I look forward to that discussion but m now right tyy,;.c' g y q;>t�ls� pmment is half a mill increase to cover what we are currently looking at that has been subtted so far. � ✓✓�.�vV'iz Alderman Allen: So this would really make it a wash as to,�4hat vochave happened had we been presented a balanced budget. llx 15�14 Y Mayor Coody: The only way to have presented ar:balanced budget would bej:;to,,recommend a half mill increase and that is what Kyle is doing,2 ;W�th:this halfumill increase that des make it a balanced budget proposal. , } ;5, Alderman Allen: The way he has done , maybe it could la ;.been done another way. 6 •S;l�A1r V : v yr Alderman Cook: I don't like Millage any"& �Ghan anyone else do I have to pay it too but in the long run we only have two pots to `pull `froi ;4 _Qne is Ma�tage and one is our reserves. While I don't like pulling from either one d',themb°'Gauge tl�,at},as not a sustainable way to fund the City I think we are in therp �>,tion right now where we are� going to need some back up. This is not going to last for of"a ;iywe continue 10% ook at economic development I really hinge a lot on moving forwaz t ?•,•tie outlo`©"` for the City isk,good but right now times are tough on people too. The City offers a° tq ,of services and the em,�hyees do an awesome job of keeping the people happy and I think tight nom ;�s dn',t want to` make anymore cuts based on what we did i555 44 ,}5 r 5r 5 n},�rf v�rrr:° last year. �4��415 S`•l��4 5151,554 �, ff`K Jrl( 5 u}{jtjTr 544V1 k5 .,�rj h, { �`�ti f{r:~<1♦ a<< 54y 5 5 t ♦ .'tt 54 5 it � f} Alder�>ga` n Allen: Nor`''do r :'. I guo �k ,.,,Was just thinking when we talk about working together withktlier`5r ' Universi}�7 tl�echools;,rd the whole entity that we know that a school Millage is ���iJ �J J 544 hl� "( ti. �5e (. coming up<# ,t k That is sometng to'consider. 4 Alderman Thiels`ti5.am goirto have a hard time dealing with this because I did support it last •};:yrar:r• year because times'a?? r,•eiit r'K lke they are now. I hear from people that can't sell anything and X. they are stuck. Peopl"e5f" "retired and some are forced to sell. They are having to sell stocks at a reduced price and i is just killing them. What message are we going to send to the public, that we are willing to raise Millage, even though half a mill is not a terribly large amount? It depends on the value of your property or your house but I just don't know in these economic times whether that is a good message to send out. I recognize that we are dipping into our reserves but I think we will whittle that down some. Obviously with the revenue we have received, it looks like if the sales tax increase we are seeing goes back into the reserves, it is going to balance out next year. I would like to hear from everybody before I make a decision. Alderman Jordan: I am going to go back to the sale of the Tyson building. We have workers that have not had a cost of living in two years and that is a concern of mine. I know the times are Special City Council Meeting Minutes October 28, 2008 Page 5 of 6 tough right now but my thoughts are if the Tyson building is sold for $2 million we could put that in reserves. Then instead of adding a cost of living raise back to the workers we could take $600,000 of that money and do a one time stimulus check for the workers. That way they would get some money and the rest would stay in reserves. That puts the building back on the tax row of the City. On the stimulus checks workers that make less than $70,000 per year would be given a stimulus check for this year. That is a discussion for another time. Right now we are discussing Millage. I have concerns about County collections being down 90% to 80% that is a 10% cut. That means people are probably losing their homes right now. I am just kicking ideas around about what to do. It is difficult for me to support a Millage when it's not being put into cost of living raises for the workers. So that is my position on all of that. Alderman Ferrell: With respect to the Millage ordinance, addingi half a`mill doesn't balance the budget, the City is still going to be spending $535,000 mode` Mian what a balanced budget •1, would have been. I did not catch any grief about voting s l4dwn the 4 ytiillage last year to the contrary. Citizens were very happy that taxes didn't goglaridvthey weSrJvery vocal about it. I know that we have to support our infrastructure anc `Ye Have to suppoV1pur employees but besides the economy we have our schools that are g. to be looking at revenu e are a lot of things that are going to be going on that we haRye to4,take int&bor,nsideration. Mayor Coody: Actually I think that if the half mill that 5:k, :e is introducing is approved that it •'.R4'l1.'R.'a. would balance the budget. riF rR �' 4 {Crrr�}S}� t ttri i Rsr Alderman Ferrell: With all do respect it., etwere $535; Special City Council Meeting Minutes October 28,2008 Page 6 of 6 Alderman Allen: I remember last year you said nobody was going to want to pass the Millage this year because it was an election year and nobody ever wants to pass a Millage. I do feel that I could speak for everybody that it has nothing to do with an election year. We couldn't have projected what was going to happen in recent months and we are going to try to come up with some ways to get a cost of living raise for the people that deeply deserve it. We are just starting this process and we are going to work hard to do that for our employees who deeply deserve it. Mayor Coody: I think the comment was made that if we were able to raise taxes and the economy tanked, if you could've projected where we are today, you would be worth your weight in gold. [[n Alderman Thiel: Because you would have bought gold. t rh Jt lel Mayor Coody: I appreciate the Council and Kyle I apprecil.l. yourJlotion on this. It is good for you to bring this forward to discuss it. ?' "ri .JV.Jr•r,.. ' l'1�J 1 5 4}t 1 Alderman Cook: I knew it was going to go downear k•{ . .I V J JJ J. Mayor Coody: I appreciate the Council wanting to'loladx tigkZ ;bn. this because there is a lot of pain out there. Brenda you are exactly right, in our URI,.. ` ve haven't seen pain like this and people who have worked all their lives who are retired novo° :al; ;:the sudden they are seeing bleak , ) Xxx circumstances. To go up on taxes right nota <wSould be a real slap;sxa the face and we are all in this together. All of us are having this kind of" ii's Wsince we are a11,' niflus together I am glad we }t� '•i} 4 4jt.,... are all sticking on the same page. ,.Y• r k.i > >. � ;.45 Mayor Coody asked shall, he5tordinance p'a s Upon roll` call the ordinance passed 7-0. Alderman Gray was ahknt.'``t pr�i � ` y l{ � }•ii Ordinance 5189 as Recd�d'ed m t 'office of the City Clerk }i? 1 J41. t Fr t'yir "N 15 t5ti rV' {r ' t 4`'�:�''i 4''kt k ks r\?J•.;r4\?s �rr4 J ,. :4l trt Ylri'vh.i�11.L�rhES S;}.k Adjournqlent: 6:05`4Pl .k•,w.a.V:.. Ok.: .v r.: I dvJJvnv}, ''hl;. Dan Coody, May.o4> ,;. fi,l;:, Sondra E. Smith, City Clerk/Treasurer _ r - t k tir1Y \ F. O DELUXE W%LLET OR DUPl1CATE E' � - O DELUXE WPLIET OR WPYCI.TE y-. x a ♦ll �.' ord ti 0 133 o wow W CIJ by a Ko r4"' C �Y < a N O C?7 [r3 v So P ' a- IT, N Z r ►r1'_yyy 9 W r: r$ n, r ru y r ti o x x m rn a ( 9 w ' 9 w II ru ! 0 fF �`^ •.4`N s a z ru _ � W#fIXM W MYORW a�y�Y NJ N N �> { OD bq f; o a L { Y N t. i I Q <µD O 1. a w ker*t 0 IrNc HAND DELIVERED March 10, 2003 Mayor Dan Coody City of Fayetteville 120 West Mountain Avenue Fayetteville, AR 772701 Dear Mayor Coody, The Fayetteville Natural Heritage Association, Inc. welcomes the opportunity to work with the City of Fayetteville to conserve the natural area known as Mount Sequoyah Woods. We will provide the private initiative of the public/private partnership to conserve this property and others in the future. The FNHA board authorized the development of a fundraising campaign to match the $650,000 provided by the City and to meet the $1,300,000 purchase price. In March we will do a feasibility study as a prequalification of twenty prospective lead donors. Our public campaign will be to get pledges totaling $300,000 that will be paid out in the next two years from residents, local organizations and businesses. In addition to that money, we will work with the Northwest Arkansas chapter of Association of Fundraising Professionals and other professionals to identify potential conservation grant sources and submit grants to raise another $350,000. Sincerely, Pete Heinzelman President Fayetteville Natural Heritage Association, Inc. P. O. Box 3635 Fayetteville, AR 72702 y > ivy 41 t q S fs( J ��• Tom` ` ' J C. V SSS �l tr h S { l 1 -Yw ALPC Arkansas Premises Identification AWnml 1D System ' Ark.Livestock& Poultry Comm Business/Farm Account Information: Business/Farm Name: Primary Contact: First name Middle name Last name Secondary Contact: (optional) First name Middle name Last name Business/Farm mailing Address: City: State: Zip: - County: Phone number: - - ext: (O Business o Home ❑ Cell ❑ Fax ❑ Pager) Phone number: - - ext: (❑ Business ❑ Home ❑ Cell ❑ Fax ❑ Pager) Phone number. - - ext: (o Business o Home ❑ Cell o fax ❑ Pager) E-mail address: Business Type: ❑ Individual ❑ Partnership o Incorporated ❑ Limited Liability Corporation (check one) ❑ Limited Liability Partnership o Non-profit Organization Operation Type: o Producer Unit/Farm o Clinic o Exhibition ❑ Laboratory ❑ Market/collection point. (check all that apply) o Non-producer Participant o Rendering o Slaughter plant o Tagging site Premises Information: (Primary location where livestock resides, if more then one location and animals are managed separately, apply for multiple premises ID's) Premises name/description: (example "home place", "heifer place") Premises Address: Must be a 911 address. Check if same as business/farm account mailing address ❑ OR (if not the same as business/farm mailing address) 911 Premises Address: City.. State: Zip: - County: (Contact information will not be sold or given out by ALPC or NAIS without your prior written consent) COMPLETE PREMISES INFORMATION ON BACK PAGE Premises Type: ❑ Producer Unit/Farm ❑ Clinic ❑ Exhibition ❑ Laboratory ❑ Market/collection point: (check all that apply) ❑ Quarantine Facility ❑ Rendering ❑ Slaughter plant Species at Premises: ❑ Beef Cattle o Dairy Cattle ❑ Bison ❑ Swine ❑ Sheep ❑ Goats ❑ Equine (check all that apply) ❑ Poultry ❑ Deer and Elk ❑ Llama ❑ Emu Additional Secondary Premises Information (optional): Premises name/description: 911 Premises Address: City: State: Zip: - County: Premises Type: ❑ Producer Unit/Farm ❑ Clinic ❑ Exhibition ❑ Laboratory ❑ Market/collection point (check all that apply) ❑ Quarantine Facility o Rendering ❑ Slaughter plant Species at Premises: ❑ Beef Cattle ❑ Dairy Cattle ❑ Bison ❑ Swine ❑ Sheep ❑ Goats ❑ Equine (check all that apply) ❑ Poultry ❑ Deer and Elk ❑ Llama ❑ Emu i Producer/Contact Signature: Date: I i FOR OFFICE USE ONLY User Name: (minimum of 8 characters) Password: (minimum of 8 characters) Account #: Premise ID #: i Return forms to: AR Livestock & Poultry Commission, #1 Natural Resources Drive, P. O. Box 5505, Little Rock, AR 72215 Website: www.arlpc.or� For questions, contact ALPC support- Phone: 501-907-2400 or e-mail: infoCciW1Vc.org Fax: 501-907-2425 If you have more than two premises (animal locations),please request additional sheets I ray Y'",S.Pi�#ei �i, d r' €-"'�g 9 is P � x• _ 9 i i - ' ^t. �.:1 _ S w" � 1 s h . w 5 .F !►y a+"" �$ ���,. �.� ji ''� ifi�� �h _'.. __L_-i 1-- -�. 7 �r 9 ' - � �l l 7 _ � ._ { J _. (1 L:. "�y��{ - SII �\� � �, � f � �.a� - 1•+�...� 1� � -' - .Y- n- - -Pf�'��- v y £ \ § y ] � ... . At r < fi aIt . - 2 \ ._ - k Aldermen Ward 1 Position 1—Adella Gray Mayor Dan Coody Ward 1 Position 2—Brenda Thiel Ward 2 Position I —Kyle B.Cook City Attorney Kit WilliamsPVj Ward 2 Position 2—Nancy Allen Ward 3 Position l—Robert K.Rhoads TayellCity Clerk Sondra Smith 11 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 18, 2008 A meeting of the Fayetteville City Council will be held on November 18, 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: 1. Presentation of Final Check from the Fayetteville Natural Heritage Association 2. Quarterly Report of Financial Condition of the City—City Clerk Agenda Additions: A. Consent: 1. Approval of the October 28, 2008 Special City Council meeting minutes. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 2. Cherokee Nation: A resolution approving a budget adjustment in the amount of $175,000.00 to the solid waste fund and recognizing like revenue from the Cherokee Nation for reimbursement of costs associated with operation of the transfer station through the end of FY2008. 3. Fayetteville Police Department Donations: A resolution approving a budget adjustment in the amount of $3,950.00 recognizing donation revenue to the Fayetteville Police Department from various sources. 4. 2007 & 2008 Gulf Coast High Intensity Drug Trafficking Area Grant: A resolution authorizing the Fayetteville Police Department to accept the sub-recipient portion of the 2007 and 2008 Gulf Coast High Intensity Drug Trafficking Area Grants in the respective amounts of $4,000.00 and $10,000.00 for overtime reimbursement; and approving a budget adjustment recognizing these grant revenues. B. Unfinished Business: 1. Hiring Freeze: Hiring Freeze Appeals: C. New Business: 1. Amend Chapter 164, ADM 08-3094 (UDC Chapter 164.04 Animals & Fowl): An ordinance amending the Unified Development Code by repealing and replacing Chapter 164.04: Animals and Fowl, to permit a property owner to keep a maximum of four chickens (hens)within residential districts of the city, subject to the restrictions herein. 2. Residential Trash Service: An ordinance waiving the automatic annual price increase for residential trash service for fiscal year 2009. 3. Proposed 2009 Annual Budget & Work Program: A resolution adopting the 2009 Annual Budget and Work Program as amended and approved. 4. Southpass Development Company, LLC: A resolution to approve approximately $744,880.00 as a 50150 cost share with Southpass Development Company, LLC for the sewer installation costs for the Regional Park and Southpass PZD. Announcements: 1. City Council Tour: None. Adjournment: 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to spear Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org f HE. ./�C. E .`�•=p4� ." ��'>'ta'i'% D0 �j lJ!) CA Southpass ve ment Company,LLC-Cost Share City of Fayetteville Page t of 8 Staff Review Form City Council Agenda Items or Contracts 11/18/2008 City Council Meeting Date Ron Petrie Engineering Operations Submitted By Division Department Action Required: A resolution to approve approximately $744,880.00 as a 50/50 Cost Share with Southpass Development Company, LLC for the sewer installation costs for the Regional Park and Southpass PZD. $ NIA N/A Cost of this request Category/Project Budget Program Category/Project Name N/A N/A N/A Account Number Funds Used to Date Program/Project Category Name N/A N/A N/A Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution# Department Di o Date Original Contract Date: I Original Contract Number: City Attor Date Received inCityClerk's Office l ow�Y Q. %Jv..-- it - l3-og Finance and Internal Service Director Date Received in Mayor's Office FA r1 �3 a l 3 0 Mayor" Date Comments: CA Southpass Development Company,LLC-Cost Share City Council Meeting of November 18, 2008 Page 2 of e CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Ron Petrie, City Engineer Date: November 13, 2008 Subject: A resolution to approve approximately $744,880.00 as a 50/50 cost share with Southpass Development Company,LLC for the sewer installation costs for the regional park and Southpass PZD. RECOMMENDATION: In accordance with Resolution No. 138-04, city staff recommends approval of this resolution expressing the willingness of the City to cost share street and sewer infrastructure costs that would be utilized by both the Southpass Development and the future Regional Park. BACKGROUND: In an effort to obtain a 200 acre Community Park for the citizens of Fayetteville, the Parks and Recreation Advisory Board studied available sites and determined that the Cummings's property was the most desirable site for the park. Since this property, located west of Cato Springs Road and adjacent to I-540, is 800 acres in size, it became necessary to solicit proposals from developers for a public/private partnership to make the Community Park feasible. The City Selection Committee selected Southpass Development Company, LLC and a contract was subsequently approved by the City Council on September 7, 2004. DISCUSSION: This approved contract states that"the City of Fayetteville and SouthPass shall cost share (50/50) all costs of extending sewer to the Community Park site and neither shall charge for the acquisition of necessary water or sewer easements across their property to serve their land within this 800 acre area." On September 16, 2008 the City Council agreed to upgrade the sewer line contained in the Wastewater System Improvement Project's EL-3 in order to have the capability to serve the SouthPass area in the future. In addition, the developer agreed to fund 50% of this upgrade. At this point, the sewer line from EL-3 to the SouthPass/Community Park property will have to be addressed in order to provide service to both developments. City Staff has studied four (4) different routes for this sewer line (See Exhibit A) with an estimated cost range from $1.49 million to $4.02 1 CA Southpass Development Company,LLC-Cost Share City Council Meeting of November 18, 2008 Page 3 of 8 million as shown on the attached cost estimates (See Exhibit B). The option with the lowest cost is recommended which would install a pump station on the property and route a force main to the north along the future extension of Shiloh Drive. An existing encasement under I-540 located to the north of the Cato Springs interchange would be utilized and the force main would discharge into an existing sewer line located on Custer Avenue. A portion of the Custer Avenue sewer line would need to be upgraded to 12" in size. This total cost has been estimated to be $1.49 million which when split 50/50 would result in an estimated cost to the city in the amount of$745,000. All of this sewer work would need to be installed as a part of the first Phase of construction either for the Park or SouthPass development. BUDGETIMPACT: Upon approval of this Council agenda item, plans will be developed by the Southpass Development Company and actual construction bids will be acquired for the sewer construction. A cost share agreement will then be prepared and brought forward for approval that will obligate the funds. It is anticipated that this work will be paid for out of the wastewater impact fee account. 2 C.4 Southpass Development Company,LLC-Cost Share Page 4 of 8 RESOLUTION NO. A RESOLUTION TO APPROVE APPROXIMATELY $744,880.00 ASA 50150 COST SHARE WITH SOUTHPASS DEVELOPMENT COMPANY, LLC FOR THE SEWER INSTALLATION COSTS FOR THE REGIONAL PARK AND SOUTHPASS PZD WHEREAS, Resolution NO. 138-04 passed unanimously by the City Council on September 7, 2004, accepted and approved a contract with SouthPass Development Company LLC to"cost share (50/50) all costs of extending sewer to the Community Park site ...;"and WHEREAS, the City Engineering Department has estimated that the City 50% portion of these costs will be $744,880.00 but will be subject to competitive bidding so that the final cost may be higher or lower. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas, hereby approves approximately $744,880.00 as the City's portion (50%) of the sewer installation costs to the edge of the SouthPass property to be able to provide sewer to the City's Regional Park. PASSED and APPROVED this 18th day of November, 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer C.4 Southpass Development Company,LLC-Cost Share j � Page 5 of 8 RESOLUTIONNO.138-04 MICROFILMED A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH SOUTHPASS DEVELOPMENT COMPANY TO ACCEPT 200 ACRES OF PARK LAND,A 10 ACRE WATER TANK S ITE, ONE MILLION DOLLARS FOR PARK LAND DEVELOPMENT AND OTHER CONSIDERATION FOR THE CITY'S ACCEPTANCE OF OWNERSHIP OF A 33 ACRE LANDFILL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby accepts and approves the Contract with SouthPass Development Company (attached as Exhibit "A") to accept 200 acres of park land, a 10 acre water tank site, one million dollars for park land development and other consideration for the City's acceptance of a 33 acre landfill and its agreement to spend the money currently identified in its Parks Capital Improvement Plan for the community park development. PASSED and APPROVED this 7s'day of September,2004. APPROVED: By: DCOODY,Mayor ATTEST: nuvtnrr, •.., Gv '13 R�.SG S NDRA SMITH,Ci Clerk ;FAYETTEVILLE• g: y A, •,9s•9�+KkP1gP �? 'JJ4JIIIINN��'�' CA _ Southpass Development Company,LLC-Cost Share Page 6 of 8 AGREEMENT TO ACQUIRE AND DEVELOP THE COMMUNITY PARK FOR FAYETTEVILLE This contract and agreement is entered into by the City of Fayetteville and SouthPass Development Company,LLC(hereinafter"Southpass'); Whereas, the City of Fayetteville desires to obtain a 200 acre Community Park for its citizens and tourists;and Whereas, the Parks and Recreation Advisory Board has carefully studied available sites and determined that the Cummings' property is the most desirable site for the Community Park;and Whereas, The City of Fayetteville does not have the current resources to both purchase the necessary acreage and develop such acreage into a functioning, attractive Community Park and so publicly requested proposals from developers for a public/private partnership to facilitate the acquisition and development of the Community Park;and Whereas, SouthPass Development Company, LLC submitted a workable, attractive proposal which was selected by the City's selection committee as the recommended proposal. NOW, THEREFORE, pursuant to the terms and conditions of the City's Request for Proposals and SouthPass Development Company, LLC's recommended Proposal,the City and SouthPass agree as follows: 1. Upon approval of this contract by the Fayetteville City Council and SouthPass Development Company, LLC and the accomplishment of all contingencies listed below, SouthPass shall tender to the trustee/owners of the Eight Hundred Acre (more or less)Cummings property an unconditional offer to purchase all said property for the sum of Six Million Nine Hundred Thousand Dollars ($6,900,000.00). The obligation of SouthPass Development Company, LLC shall not become binding or enforceable until all the below contingencies have been fully accomplished: (A) A Master Plan for the development of the approximately 800 acre site has been'prepared and approved by SouthPass Development Company LLC and the City of Fayetteville; (B) The City Council has annexed or committed itself to annex the entire 800 acre site; CA Southpass Development Company,LLC-Cost Share i Page 7 of 8 (C) The zoning of the portion of the 800 acre site to be owned by SouthPass has been accomplished or the City Council has committed itself to rezone that portion in conformance with the approved Master Plan; (D) The Greenland School District and Fayetteville School District have agreed that this entire site shall be within the Fayetteville School District; (E) The Arkansas Department of Environmental Quality has agreed with the present owners of the Cummings landfill and assured the City of Fayetteville that the costs of the necessary corrective actions for the landfill shall not be borne by, recovered from, assessed to, or collected from the City of Fayetteville or SouthPass Development Company,LLC. 2. If this Offer is accepted by the Trustee and the Court, and all others necessary to accept the offer and legally deed the entire tract of 800 acres, more or less,SouthPass Development company,LLC shall pay the agreed price to the trustee/owners and the land shall be conveyed by warranty deed free from all encumbrances to the following parties: (A) SouthPass Development Company, LLC shall be deeded the entire Eight Hundred (800)acre tract,more or less,except the 33 acre landfill; (B) The City of Fayetteville shall be deeded (free and clear of any obligation to pay, repay, or otherwise fund the necessary corrective actions for the landfill: partial or full recapping of the landfill and restoration of the stream corridor) the Thirty-Three(33)acre abandoned and closed landfill located within the 800 acre property; (C) South Pass Development Company LLC shall convey by warranty deed to the City of Fayetteville a Two Hundred (200)acre parcel for the Community Park which location shall be determined by the City; (D) SouthPass Development Company LLC shall convey by warranty deed the Ten(10) acre City of Fayetteville water tank site to the City of Fayetteville. 3. To facilitate the preparation of the Master Plan, the City shall immediately pay for the perimeter survey of the property and the 200 acre Community Park site. 4. SouthPass shall fund up to $10,000.00 and retain a mutually acceptable community master planning consultant for recommendations for a Master Plan for this entire 800 acre area(including the 200 acre Community Park area). C.4 Southpass Development Company,LLC-Cost Share Page 8 of 8 5. The City of Fayetteville shall assist in facilitating the planning, zoning and other development approval processes which are m accordance with the mutually acceptable master plan. 6. The City of Fayetteville shall recommend to the Fayetteville School Board and Greenland School Board that this property should be within the Fayetteville School District. 7. The City of Fayetteville and SouthPass shall cost share (50/50) all costs of extending sewer to the Community Park site and neither shall charge for the acquisition of necessary water or sewer easements across their property to serve their land within this 800 acre area. 8. If all the contingencies listed in paragraph 1 have been accomplished and all the actions listed in paragraph 2 have been achieved, SouthPass Development Company LLC shall contribute One Million Dollars ($1,000,000.00) when the City is ready to award the first construction contract utilizing the 2004 and 2005 budgeted CII'allocation as shown in Exhibits A and B*. Signed this 3l day of M -1— 2004. Signed this lAday of September,2004. SOUTHPASS DEVELOPMENT CITY OF JCOACNYLLC FAYETTEVILLE,ARKANSAS By By: K DAN COMember Mayor ���.�`��RK/TR�'•,,�. Attest: 54&4A4 =U 9� Sondra Smith,City Cl ILLE Ii9�y��kANSAOJ�� *Attached as Exhibit A are copies of the current Capital Improvement Program adopted last December by the City Council showing 2004-2008 Parks Development Fund allocations for Community Park Development (total about $2.4 million) and Saks Tax CIP funds allocated to Community Park Development(total about$1.2 million). Attached as Exhibit B is the amount of finds that have been allocated by the City Council that will be available on January 1,2005 for development of the Community park(about$1.6 million). I . . Duties of city clerk. (a) The city clerk in cities of the first class shall have the custody of all the laws and ordinances of the city and shall keep a regular and correct journal of the proceedings of the city council. (b) (1) The city clerk, city clerk-treasurer, or city treasurer, as the case may be, shall be required to submit quarterly a full report and a detailed statement of-the financial condition of the city. This report shall show receipts, disbursements, and balance on hand, together with all liabilities of the city. (2) The report shall be submitted to the council in open session. History. Acts 1875, No. 1, § 51, p. 1; C. & M. Dig., § 7694; Pope's Dig., § 9837; A.S.A. 1947, § 19-1018; Acts 2007, No. 71, § 1.