HomeMy WebLinkAbout2005-03-15 - Agendas - Final Aldermen
Ward 1 Position I -Robert Reynolds
Mayor Dan Coody Ward I Position 2-Brenda Thiel
Ward 2 Position I -Kyle B.Cook
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City Attorney Kit Williams rev
' Ward 2 Position 2-Don MaeTayviii Ward 3 Position 1 -Robert K. Rhoads
City Clerk Sondra Smith Ward 3 Position 2—Bobby Ferrell
ARKANSAS Ward 4 Position I -Shirley Lucas
Ward 4 Position 2-Lioneld Jordan
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
March 15, 2005
A meeting of the Fayetteville City Council will be held on March 15, 2005 at 6:00 p.m. in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
Moment of Silence for Brandon Smith
Burns McDonnell Report: Voted to add to agenda and approved
Nominating Committee Report: Approved
A. CONSENT:
1. Approval of the Minutes: Approval of the March 1, 2005 City Council meeting
minutes.
APPROVED.
2. Geological Survey: A resolution approving a joint funding agreement in the amount of
$16,235.00 with the United States Geological Survey for three (3) Urban Stream Gauging
Stations in Fayetteville for the year 2005.
PASSED AND SHALL BE RECORDED AS RESOLUTION 46-05.
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3. Purchase Four Skid Steer Loaders: A resolution approving the purchase of four (4)
Skid Steer Loaders with two (2) hydraulic breaker attachments, one (1) planer
attachment, one (1) utility bucket with digging teeth, and two (2) forklift attachments
from Williams Tractor Co. at a total cost of$123,113.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION 47-05.
4. Williams Tractor Co. Backhoe Purchase: A resolution approving the purchase of Five
(5) medium four-wheel-drive loader backhoes from Williams Tractor Co. at a total cost
of$268,240.00 for use by the Water and Sewer, and Transportation Divisions.
PASSED AND SHALL BE RECORDED AS RESOLUTION 48-05.
5. Bale Chevrolet Vehicle Purchase: A resolution authorizing the purchase of one (1)
half-ton extended cab 4x4 pickup truck from Bale Chevrolet at a cost of$17,868.00 for
use by the Water& Sewer Division.
PASSED AND SHALL BE RECORDED AS RESOLUTION 49-05
6. Beaver Lake Concrete Bid Approval: A resolution awarding Bid #05-09 and
approving the purchase of Ready-Mix Concrete from Beaver Lake Concrete in the
amount of$350,000.00 to be used by various divisions of the City of Fayetteville.
PASSED AND SHALL BE RECORDED AS RESOLUTION 50-05.
7. Construction Materials and Services Bid Approval: A resolution awarding bids for
and approving the purchase of bulk materials and services utilized by various divisions of
the City of Fayetteville in the amount of$1,156,000.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION 51-05.
8. McClelland Engineers Agreement Kings Drive Improvements: A resolution to
approve an engineering services contract with McClelland Consulting Engineers, Inc. in
the amount of$26,479.50 plus a contingency in the amount of$4,000.50 for a study of
options for the Kings Drive Improvement Project and to approve a budget adjustment in
the amount of$35,000.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION 52-05.
B. PUBLIC HEARINGS:
1. Raze and Removal of 1101 Indian Trail: A resolution ordering the razing and removal
of a dilapidated and unsafe structure owned by Mohsen and Rhonda Khodabandeh
located at 1101 Indian Trail in the City of Fayetteville, Arkansas.
PASSED AND SHALL BE RECORDED AS RESOLUTION 53-05.
2. Highway 71 East Square Redevelopment District 91 Project Plan Amendment No. 1:
A Public Hearing to allow all members of the public and representatives of taxing entities
to present their views on the Proposed Project Plan Amendment No. 1 for the Highway
71 East Square Redevelopment District Number One.
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9 0
THE CITY COUNCIL TOOK PUBLIC COMMENTS.
3. Highway 71 East Square Redevelopment District Additional Redevelopment
Projects: A resolution to express the City Council's commitment that after the bonds for
the initial Project Plan have been paid the City Council will not propose additional
Redevelopment Projects in the Highway 71 East Square Redevelopment District without
the consent of the Fayetteville School District, Washington County, Fayetteville Public
Library and Police and Fire Pension Boards.
This Resolution was added to the Agenda at the City Council Meeting.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 54-05.
C. UNFINISHED BUSINESS:
1. Highway 71 East Square Redevelopment District #1 Project Plan Amendment: An
ordinance amending the Project Plan for the Highway 71 East Square Redevelopment
District Number One, finding the Plan is economically feasible and declaring an
emergency. This ordinance was left on the first reading at the January 25, 2005 City
Council Meeting. This ordinance was left on the second reading at the February 1,
2005 City Council Meeting. This ordinance was left on the third reading at the
February 15, 2005 City Council Meeting and tabled to the March 1, 2005 City Council
Meeting. This ordinance was tabled at the March 1, 2005 to the March 15, 2005 City
Council Meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4683. The
emergency clause failed.
D. NEW BUSINESS:
1. John Nock and Richard Alexander TIF Contract: A resolution to approve a contract
with John Nock and Richard Alexander for their purchase of property to be obtained by
TIF funding for $300,000.00 and for other matters.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 55-05.
2. Highway 71 East Square TIF Bond Issue: An ordinance approving the issuance of
bonds to be paid by tax increment financing to obtain necessary funding to achieve the
Project Plan for the Highway 71 East Square Redevelopment District No. 1.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4684. The
emergency clause passed.
3. Highway 71 East Square Bond Purchase Agreement: No information at this time.
THIS ITEM WAS COMBINED AND INCLUDED IN ITEM D.2. NO VOTE WAS
TAKEN ON THIS ISSUE.
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4. CCG Systems; Fleet Management Software Purchaser resolution approving the
purchase of Faster Fleet Management software from CCG Systems in the amount of
$96,174.00; and approving a Budget Adjustment in the amount of$25,565.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 56-05.
5. Dynamic Information Solutions Company, Inc. Sales Agreement: A resolution
approving a sales agreement in the amount of $284,000.00 with Dynamic Information
Solutions Company, Inc. for the purchase and implementation of an Electronic Document
Management System; and approving a budget adjustment in the amount of$200,000.00.
PASSED WITH AMENDMENT AND SHALL BE RECORDED AS
RESOLUTION NO. 57-05.
6. Data-Base Administrator Position: A resolution authorizing the hiring of one (1) full-
time employee (Data-Base Administrator) by the Information Technology Division; and
approving a budget adjustment in the amount of$41,847.00 to fund the position for the
final eight months of 2005.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 58-05.
7. Archer Western Construction, LTD Construction Contract: A resolution to approve
a construction contract with Archer Western Construction, LTD. in the amount of
$14,644,000.00 for improvements to the Noland Wastewater Treatment Plant and
approving a contingency of$292,880.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 59-05.
8. Nock Investments, LLC Cost-Share Agreement: An ordinance waiving the
requirements of formal competitive bidding and approving a Cost-Share Agreement with
Nock Investments, LLC in an amount not to exceed $119,998.86 for improvements to the
intersection of Persimmon Street and Rupple Road.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4685.
9. ANX 05-1365 (Wilkins): An ordinance annexing that property described in annexation
petition ANX 05-1365 annexing to the City of Fayetteville, Arkansas, certain property
located east of Salem Road, north of Crystal Springs Subdivision Phase 1, containing
approximately 10.00 acres.
THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE.
10. RZN 05-1366 (Wilkins): An ordinance rezoning that property described in rezoning
petition RZN 05-1366 for property cast of Salem Road, north of Crystal Springs
Subdivision Phase I, containing approximately 10.00 acres from R-A, Residential
Agricultural to RSF-4, Residential Single Family, Four Units per Acre.
THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
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11. RZN 05-1372 (Mailco USA, Inc.): An ordinance rezoning that property described in
rezoning petition RZN 05-1372 for property east of S. School Avenue, north of Whillock
Street, containing approximately 2.536 acres from RSF-4, Residential Single Family,
Four Units per Acre, to C-2, Thoroughfare Commercial.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4686.
12. RZN 05-1374 (Cornerstone/Futrall): An ordinance rezoning that property described in
rezoning petition RZN 05-1374 for property located at 1144 Futrall Drive containing
approximately 0.53 acres from RSF-4, Residential Single Family, Four Units per Acre, to
R-O, Residential Office.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4687.
13. ANX 05-1370 (Hall): An ordinance annexing that property described in annexation
petition ANX 05-1370 annexing to the City of Fayetteville, Arkansas, certain property
located at 2577, 2216, 2844, 2822 Dead Horse Mountain Road, containing approximately
235.38 acres.
THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE.
14. RZN 05-1371 (Hall): An ordinance rezoning that property described in rezoning petition
RZN 05-1371 for property located at 2577 Dead Horse Mountain Road, containing
approximately 125.179 acres from R-A, Residential Agricultural to RSF-4, Residential
Single Family, Four Units per Acre.
THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE.
15. RZN 05-1378 (Goff/Hall): An ordinance rezoning that property described in rezoning
petition RZN 05-1378 for property located at the south side of Highway 16 East and west
of Dead Horse Mountain Road, containing approximately 15.12 acres from R-A,
Residential Agricultural to RSF-4, Residential Single Family, Four Units per Acre.
THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE.
E. INFORMATIONAL:
Council Tour: March 14, 2005—4:30 p.m.
MEETING ADJOURNED AT 11:10 P.M.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
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City Council Meeting March 15,05 a
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Motion To: PAN
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Mayor Coody
City Council Meeting March 15,05 •
Subject: O t
Motion To:
Motion By:
Seconded:
Marr
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Ferrell
Jordan ✓
Reynolds
Thiel
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Mayor Coody
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Mayor Coody
City Council Meeting March 15,95 0
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City Council Meeting March 15,05
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City Council Meeting March 15,115 •
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City Council Meeting March 15,295 •
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Mayor Coody
City Council Meeting March 15,Zu'l)5 •
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Mayor Coody
City Council Meeting March 15,115 •
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City Council Meeting March 15,115
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Mayor Coody
City Council Meeting March 15, 295 •
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City Council Meeting March 15,115 •
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City Council Meeting March 15,t •
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►^ " i Mayor Coody
Aldermen
Ward I Position I -Robert Reynolds
Mayor Dan Coody Ward 1 Position 2-Brenda Thiel
Cit Attorney Kit Williams t Ward 2 Position I -Kyle B.Cook
Y Y Ward 2 Position 2-Don Marr
Cit Clerk Sondra Smith Ward 3 Position I -Robert K.Rhoads
Y ayve le Ward 3 Position 2—Bobby Ferrell
ARKANSAS Ward 4 Position I -Shirley Lucas
Ward 4 Position 2-Lioneld Jordan
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
March 15, 2005
A meeting of the Fayetteville City Council will be held on March 15, 2005 at 6:00 p.m. in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
Moment of Silence for Brandon Smith
A. CONSENT:
1. Approval of the Minutes: Approval of the March 1, 2005 City Council meeting
minutes.
2. Geological Survey: A resolution approving a joint funding agreement in the amount of
$16,235.00 with the United States Geological Survey for three (3) Urban Stream Gauging
Stations in Fayetteville for the year 2005.
3. Purchase Four Skid Steer Loaders: A resolution approving the purchase of four (4)
Skid Steer Loaders with two (2) hydraulic breaker attachments, one (1) planer
attachment, one (1) utility bucket with digging teeth, and two (2) forklift attachments
from Williams Tractor Co. at a total cost of$123,113.00.
4. Williams Tractor Co. Backhoe Purchase: A resolution approving the purchase of Five
(5) medium Cour-wheel-drive loader backhoes from Williams Tractor Co. at a total cost
of$268,240.00 for use by the Water and Sewer, and Transportation Divisions.
113 West Mountain 72701 (479)521-7700 (479)575-8257(17ax)
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0 0
5. Bale Chevrolet Vehicle Purchase: A resolution authorizing the purchase of one (1)
half-ton extended cab 4x4 pickup truck from Bale Chevrolet at a cost of$17,868.00 for
use by the Water& Sewer Division.
6. Beaver Lake Concrete Bid Approval: A resolution awarding Bid 905-09 and
approving the purchase of Ready-Mix Concrete from Beaver Lake Concrete in the
amount of$350,000.00 to be used by various divisions of the City of Fayetteville.
7. Construction Materials and Services Bid Approval: A resolution awarding bids for
and approving the purchase of bulk materials and services utilized by various divisions of
the City of Fayetteville in the amount of$1,156,000.00.
8. McClelland Engineers Agreement Kings Drive Improvements: A resolution to
approve an engineering services contract with McClelland Consulting Engineers, Inc. in
the amount of$26,479.50 plus a contingency in the amount of$4,000.50 for a study of
options for the Kings Drive Improvement Project and to approve a budget adjustment in
the amount of$35,000.00.
B. PUBLIC HEARINGS:
1. Raze and Removal of 1101 Indian Trail: A resolution ordering the razing and removal
of a dilapidated and unsafe structure owned by Mohsen and Rhonda Khodabandeh
located at 1101 Indian Trail in the City of Fayetteville, Arkansas.
2. Highway 71 East Square Redevelopment District#1 Project Plan Amendment No. 1:
A Public Hearing to allow all members of the public and representatives of taxing entities
to present their views on the Proposed Project Plan Amendment No. 1 for the Highway
71 East Square Redevelopment District Number One.
C. UNFINISHED BUSINESS:
1. Highway 71 East Square Redevelopment District #1 Project Plan Amendment: An
ordinance amending the Project Plan for the Highway 71 East Square Redevelopment
District Number One, finding the Plan is economically feasible and declaring an
emergency. This ordinance was left on the first reading at the January 25, 2005 City
Council Meeting. This ordinance was left on the second reading at the February 1,
2005 City Council Meeting. This ordinance was left on the third reading at the
February 15, 1005 City Council Meeting and tabled to the March 1, 2005 City Council
Meeting. This ordinance was tabled at the March 1, 1005 to the March 15, 2005 City
Council Meeting.
D. NEW BUSINESS:
1. John Nock and Richard Alexander TIF Contract: A resolution to approve a contract
with John Nock and Richard Alexander for their purchase of property to be obtained by
TIF funding for$300,000.00 and for other matters.
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2. Highway 71 East Square TIF Bond Issue: An ordinance approving the issuance of
bonds to be paid by tax increment financing to obtain necessary funding to achieve the
Project Plan for the Highway 71 East Square Redevelopment District No. 1. Financing
Plan is attached.
3. Highway 71 East Square Bond Purchase Agreement: No information at this time.
4. CCG Systems; Fleet Management Software Purchase: A resolution approving the
purchase of Faster Fleet Management software from CCG Systems in the amount of
$96,174.00; and approving a Budget Adjustment in the amount of$25,565.00.
5. Dynamic Information Solutions Company, Inc. Sales Agreement: A resolution
approving a sales agreement in the amount of $284,000.00 with Dynamic Information
Solutions Company, Inc. for the purchase and implementation of an Electronic Document
Management System; and approving a budget adjustment in the amount of$200,000.00.
6. Data-Base Administrator Position: A resolution authorizing the hiring of one (1) full-
time employee (Data-Base Administrator) by the Information Technology Division; and
approving a budget adjustment in the amount of$41,847.00 to fund the position for the
final eight months of 2005.
7. Archer Western Construction, LTD Construction Contract: A resolution to approve
a construction contract with Archer Western Construction, LTD. in the amount of
$14,644,000.00 for improvements to the Noland Wastewater Treatment Plant and
approving a contingency of$292,880.00.
8. Nock Investments, LLC Cost-Share Agreement: An ordinance waiving the
requirements of formal competitive bidding and approving a Cost-Share Agreement with
Nock Investments, LLC in an amount not to exceed $119,998.86 for improvements to the
intersection of Persimmon Street and Rupple Road.
9. ANX 05-1365 (Wilkins): An ordinance annexing that property described in annexation
petition ANX 05-1365 annexing to the City of Fayetteville, Arkansas, certain property
located east of Salem Road, north of Crystal Springs Subdivision Phase I, containing
approximately 10.00 acres.
10. RZN 05-1366 (Wilkins): An ordinance rezoning that property described in rezoning
petition RZN 05-1366 for property east of Salem Road, north of Crystal Springs
Subdivision Phase 1, containing approximately 10.00 acres from R-A, Residential
Agricultural to RSF-4, Residential Single Family, Four Units per Acre.
11. RZN 05-1372 (Mailco USA, Inc.): An ordinance rezoning that property described in
rezoning petition RZN 05-1372 for property east of S. School Avenue, north of Whillock
Street, containing approximately 2.536 acres from RSF-4, Residential Single Family,
Four Units per Acre, to C-2,Thoroughfare Commercial.
12. RZN 05-1374 (Cornerstone/Futrall): An ordinance rezoning that property described in
rezoning petition RZN 05-1374 for property located at 1144 Futrall Drive containing
approximately 0.53 acres from RSF-4, Residential Single Family, Four Units per Acre, to
R-O, Residential Office.
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13. ANX 05-1370 (Hall): An ordinance annexing that property described in annexation
petition ANX 05-1370 annexing to the City of Fayetteville, Arkansas, certain property
located at 2577, 2216, 2844, 2822 Dead Horse Mountain Road, containing approximately
235.38 acres.
14. RZN 05-1371 (Hall): An ordinance rezoning that property described in rezoning petition
RZN 05-1371 for property located at 2577 Dead Horse Mountain Road, containing
approximately 125.179 acres from R-A, Residential Agricultural to RSF-4, Residential
Single Family, Four Units per Acre.
15. RZN 05-1378 (Goff/Hall): An ordinance rezoning that property described in rezoning
petition RZN 05-1378 for property located at the south side of Highway 16 East and west
of Dead Horse Mountain Road, containing approximately 15.12 acres from R-A,
Residential Agricultural to RSF-4, Residential Single Family, Four Units per Acre.
E. INFORMATIONAL:
Council Tour: March 14, 2005—4:30 pm
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
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City Council Meeting Minutes
Much 1,2005
Page I of 14
Aldermen
Ward 1 Position I -Robert Reynolds
-n Ward 1 Position 2-Brenda'Miel
Mayor Dan Coady �i� A "PIL
..17
%10
Ward 2 Position I -Kyle B.Cook
City Attorney Kit Williams Ward 2 Position 2-Don Marr
Ward 3 Position I -Robert K.Rhoads
ky"
Ward 3 Position 2—Bobby Ferrell
City Clerk Sondra Smith
_3
A R K N"S A S Ward 4 Position I -Shirley Lucas
i Ward 4 Position 2-Lioneld Jordan
City Council
Meeting Minutes
March 1, 2005
A meeting of the Fayetteville City Council was held on March 1, 2005 at 6:00 p.m. 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 Reynolds, Thiel, Cook, Marr, Rhoads, Ferrell, Lucas, Jordan, Mayor
Coody, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
Pledge of Allegiance
Mayor Coody introduced Bob Davis as the new Water and Wastewater Director for the City.
CONSENT:
Anyroval of the Minutes: Approval of the January 25, February 7 and the February 15, 2005 City
Council meeting minutes.
Premier Home Services Bid Award: A resolution awarding a bid in the amount of $14,274.00 to
Premier Home Services for the rehabilitation of the residence at 443 West North Street; and approving a
contingency in the amount of$1,000.00.
Resolution 35-05 as Recorded in the Off-ice of the City Clerk.
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Arkansans For Drug Free Youth Grant: A resolution authorizing the Fayetteville Police Department
to accept an Arkansans For Drug Free Youth Grant in the amount of $20,000 to fund training and
overtime for officers performing underage drinking patrol, compliance checks of merchants selling
alcohol and community presentations; and approving a Budget Adjustment recognizing the grant
revenue.
Resolution 36-05 as Recorded in the Office of the City Clerk.
Department of Homeland Security Fire Grant: A resolution authorizing the Fayetteville Fire
Department to apply for and accept a Department of Homeland Security Fire Grant for approximately
$200,000.00 to upgrade the computer aided dispatch system and procure additional training equipment.
Resolution 37-05 as Recorded in the Office of the City Clerk.
Garver Engineers, LLC Contract: A resolution approving a letter contract in the amount of
$19,300.00 with Garver Engineers, LLC for professional surveying services for the Township Street
Widening Project.
Resolution 38-05 as Recorded in the Office of the City Clerk.
Rotochopper, Inc. Compost/Mulch Bagger: A resolution approving the purchase of one (1) Go-
Bagger 250 portable automatic bag filler and bags from Rotochopper, Inc. in the amount of$39,971.00
for use by Solid Waste and Recycling Division; and approving a Budget Adjustment in the amount of
$48,000.00.
Resolution 39-05 as Recorded in the Office of the City Clerk.
Alderman Jordan moved to approve the Consent Agenda. Alderman Reynolds seconded the
motion. Upon roll call the motion passed unanimously.
UNFINISHED BUSINESS:
Highway 71 East Square Redevelopment District #1 Project Plan Amendment: An ordinance
amending the Project Plan for the Highway 71 East Square Redevelopment District Number One,
finding the Plan is economically feasible and declaring an emergency. This ordinance was left on the
first reading at the January 25, 2005 City Council Meeting. This ordinance was left on the second
reading at the February 1, 2005 City Council Meeting. This ordinance was left on the third reading
at the February 15, 2005 City Council Meeting and tabled to the March 1, 2005 City Council
Meeting.
Tim Conklin, Director of Planning & Development Management: Staff is recommending that you
table this to the March 15, 2005 meeting.
Alderman Rhoads: Are there notice provisions for this March 15th meeting?
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Tim Conklin: Yes we have re-notified the school districts, school board and the taxing entities. The
publication in the newspaper occurred last Sunday and will occur again this coming Sunday. We have
met the notification requirements for the Project Plan amendment.
Alderman Marr: Will the request be to go through all readings in one meeting?
Tim Conklin: Yes it will be. We are trying to meet the deadlines for the financial institutions that are
participating in this project. It is critical that we move this project forward. Looking at the contractual
obligations for the purchase of the property we have set the calendar for a March 15th approval process
in order to meet those deadlines.
Kit Williams: We have read the Project Plan ordinance for three times, it will just have to be approved
as amended with the amended Project Plan. The bond ordinance is the one that we will ask to go
through all three readings and approve. I appreciate the fact that the Niblock Family and Firm have
agreed to give us more time. Should the City Council approve the bond ordinance and the bond
purchase agreement, the bonds themselves will have a closing date of April 191h and the property will be
purchased April 201h. It is my understanding that all the property owners have agreed to extend the time.
The City of Fayetteville is appreciative of them being willing to work with us.
Alderman Marr: The reason that I asked the question is not that I am opposed to that at all. I think
that we have been through this for so long that I want to make it clear to the citizens that this is a request
that we look at this in one reading so if they have any comments they have between now and the 151h to
get it to us.
Mayor Coody: The staff has worked tirelessly on this; the developers and the City Council have kept
working on this. This is going to be a project when all is said and done it will very much have been
worth it.
John Nock: Thanked the Council, staff and the property owners. He also thanked Kit Williams for his
work on this project.
We continue with the architecture design, we have done some modifications to allow some more
flexibility on the parking so the people on Center Street will have more parking opportunities. We also
have gone ahead, to save some time on the timeline; we have engaged and are paying out of pocket the
environmental studies that will be required so that once the property changes hands from the current
owners to the City those tests will have already been put into place. The process required for demolition
can be the very next step rather than waiting that additional time. I don't think we have lost as much
time as some have anticipated; a lot has been going on behind the scenes. I encourage citizens if they
want to come out and talk, this will be a good time to do it. Bank of Fayetteville has been extremely
patient and 1 think that we are going to meet their needs so there is no recapture on the tax credits that
they have allocated towards the project. We have a little bit longer but together we will get there.
Alderman Marr moved to table the ordinance until the March 15, 2005 City Council meeting.
Alderman Jordan seconded the motion. Upon roll call the motion passed unanimously.
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NEW BUSINESS:
Shake's Property Offer: A resolution to accept an offer from Stephen L. Davis to purchase the
remainder of the former Shake's property and building for $178,555.00.
Stephen L. Davis, Purchaser: Thank you very much for your consideration and particularly for your
patience in getting to this point.
Alderman Jordan moved to approve the Resolution. Alderman Cook seconded the motion. Upon
roll call the resolution passed unanimously.
Resolution 40-05 as Recorded in the Office of the City Clerk.
SBC Communications Project Approval: A resolution approving a project with SBC
Communications in the amount of$61,227.86 to provide for the implementation of redundant wired data
link to all of the City's remote sites.
Scott Huddleston, IT: We have close to 100 users out there at remote sites that are currently
connecting back with wireless connects. There are some single points of failure that if they go down
then all 100 people are without the ability to connect back to the City to do their computer work. It is a
huge down time loss when they go down. This will load balance our existing network plus provide for
outages if they occur in the future.
Alderman Jordan moved to approve the Resolution. Alderman Reynolds seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 41-05 as Recorded in the Office of the City Clerk.
UVorld Maintenance Approval: An ordinance waiving the requirements of formal competitive
bidding and approving payments not to exceed $20,000.00 to IFWorld for maintenance and
enhancement of the City website's Content Management System.
Mr. Williams read the ordinance.
Alderman Jordan moved to suspend the rules and go to the second reading. Alderman Ferrell
seconded the motion. Upon roll call the motion passed unanimously.
Mr. II<llianis read the ordinance.
Alderman Jordan 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.
Mr. Williams read the ordinance.
Alderman Cook: I have had citizens sometimes comment that they find it difficult to navigate the
website. What is the protocol or how do we access that?
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Scott Huddleston: We do get comments back to the webmaster. We have an in-house website
committee that looks at these things. The basic process is to send your comments to the webmaster or to
the website committee.
Alderman Cook: How often do you evaluate?
Scott Huddleston: The website committee meets once a month. The members have different parts of
the website that they look at and evaluate. There are certain pieces that we need to do that only IFWorld
can do. That is kind of what this proposal is for.
Mayor Coody: I have experienced the same thing myself sometimes. It is a very complex and data
loaded site. There is so much information that sometimes it is hard to find what you are looking for. If
there is a way that we can work to streamline this and to make it more simple for people like myself and
others let's see if we can't do that.
Scott Huddleston: That's where we are heading.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously.
Ordinance 4681 as Recorded in the Office of the City Clerk.
Reappropriate Capital Improvement Funds: A resolution approving a Budget Adjustment to
reappropriate $130,334,454.00 in.order to retain current fiscal year project funding for identified and
scheduled capital improvements.
Alderman Thiel: This proposal is strictly the capital improvements. Is there going to be a
reauthorization of the operational funding?
Kevin Springer, Budget and Research: Currently there are no operational funds that have to be re-
budgeted. We have sufficient funding in 2005 to maintain all the needs without having to go back to last
year's funding and grab it.
Alderman Jordan: Kevin, for the people at home can you explain to them what we are doing here?
Kevin Springer: This is a routine house keeping item that we have to bring forward every year. At the
end of every fiscal year which is December 31st our funding will lapse. We have the City Council re-
appropriate the budget and move it forward to 2005. All we are doing is asking for reapproval of the
same project money again. Most of it you will see another time or two when you are presented with
contracts.
Alderman Marr: The Mission and Maple signalization; has that study been started?
Gary Dumas, Operations Director: It was denied last year because of traffic. We have looked at
other alternatives to solving the problem at that intersection, there has been quite a bit of neighborhood
discussion about what the solutions might be. I don't know if there is consensus in the neighborhood on
what change would be most appropriate there. The traffic has not changed there. We can continue with
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that traffic evaluation and see if it could meet some warrant for a traffic signal. I don't know of a
solution that is not going to generate significant neighborhood disagreement.
Alderman Marr: We are holding that money there for whatever solution there might be. It is not
necessarily dedicated to this signalization.
Gary Dumas: It can be used for whatever the solution is, if there is a solution that will solve the
problem. That solution might be re-designation of Highway 45 to some alternative route, which we are
looking at also.
Alderman Rhoads moved to approve the Resolution. Alderman Jordan seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 42-05 as Recorded in the Office of the City Clerk.
Ford Motor Company General Release and Waiver: A resolution to approve the General Release
and Waiver from Ford Motor Company and to authorize the Mayor to sign the General Release and
Waiver.
Mayor Coody: Kit you are relatively comfortable with the waiver?
Kit Williams: I certainly haven't changed my position from what I originally said. I don't really like
under cutting the Attorney General on this. However it is certainly a policy issue for the City Council to
determine. The Police Department is in need of new police cars. I don't generally like to have a waiver
of liability in order to purchase a product but this might be an exceptional circumstance. It is really for
the City Council to determine. The waiver is entitled a General Release and Waiver and is supposed to
be restricted. There is some restrictive language within it that hopefully we can rely on but there is other
broader language in it. It was drafted by Ford so it would be interpreted against Ford so hopefully the
restrictive language would be the controlling language.
Mayor Coody: I called Attorney General Beebe and asked him if we would be under minding him if
we approved this. He said not at all if we need to do it go ahead. This doesn't slow him down one bit;
he is going to be okay with it.
Captain Greg Tabor, Police Department: Obviously the last thing I want to try to convince you to do
is to go against the advice of the City Attorney. The Police Department basically has been using the
Ford Police Crown Interceptor exclusively since 1990, prior to that we did have some Chevrolet
Impalas. Most police departments in this area also use the police interceptor from Ford a few of them
have tried various things like the Dodge Intrepid and the Chevrolet Impala but they have quickly moved
back to the Crown as their vehicle of choice. Washington County did a cost analysis and they
determined that the Impala and the Intrepid cost about $4.00 a day more to operate than the Ford Crown
Vic did. We have identified two alternative vehicles if this waiver is not signed one of which we believe
is not a very viable option that is the Chevrolet Impala. It is a smaller vehicle on the inside and that
creates a lot of problems for us. We have computer laptops in the cars that sit in the passenger side of
the vehicle which creates a problem when we are riding two officers in the vehicle. The size of the
interior is a definite problem for us. The Impala is also a six cylinder vehicle which is front wheel drive,
we see some problems having a mixed fleet with some vehicles being front wheel drive and some being
rear wheel drive. In a pursuit the officer will have to remember which vehicle he is driving because of
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the handling characteristics of the car. The second one we identified is the Chevrolet Tahoe; in 2005
they came out with a true police package Tahoe. It is a two wheel drive vehicle and would meet our
needs for space. The fuel economy is approximately the same as the Ford that we are driving now. The
problem with the Tahoe is that it is about $8,000 more per unit that the Crown Vic. In 2005 there are 13
new vehicles budgeted so if we go with the Tahoe, Fleet would need about another $100,000 to
$110,000 to purchase Tahoe's instead of Crown Vic's.
Alderman Ferrell: At budget time we added these patrolmen if we have budgeted the money I would
move that we go ahead and approve the resolution.
Alderman Reynolds: Our fleet management practice has improved. We went from running police cars
from 65,000 to 120,000-miles and that saved us money. We didn't replace cars in 2004; we are at the
point that we have to have cars this year, they are three short for implementing the plan in 2005. I will
support this; we certainly need to order these cars.
Alderman Marr: After reading the City Attorney's memo I was uncomfortable supporting this.
Having had the discussion at agenda session about risk versus our decision I do think it is prudent to
move forward. This is currently an investigation and not an actual case. I think our City Attorney will
be able to adequately defend us based on the information that we have at this point I think our risk is
fairly small. I will vote for the resolution.
Alderman Ferrell moved to approve the Resolution. Alderman Lucas seconded the motion. Upon
roll call the resolution passed unanimously.
Resolution 43-05 as Recorded in the Office of the City Clerk.
Fayetteville Downtown Partners Contract: An ordinance waiving the requirements of formal
competitive bidding and approving a contract for services with Fayetteville Downtown Partners in the
amount of$150,000.00 to assist in the implementation of the Downtown Master Plan.
Mr. Williams read the ordinance.
Alderman Rhoads: I serve on the Board of this organization at the request of the City I think I will
recuse my voting on this.
Tim Conklin, Planning: This is a contract and bid waiver ordinance for services with Downtown
Partners. This organization was formerly known as the Downtown Dickson Street Enhancement Project
and reorganized with its primary mission to assist the City in implementing the Downtown Master Plan.
This organization also represents the area that is included in the Downtown Master Plan. Last
September we adopted the Downtown Master Plan and it recommended working with this type of
organization and looking at how to create an organization that is self supporting. Within the contract the
main focus is for this organization to look at developing funding mechanisms to become self supporting
over the next three years. In the contract it also talks about identifying the feasibility of a business
improvement district and based on that feasibility implementing a business improvement district within
this area of the Downtown Master Plan.
Mr. Conklin explained some of the scope of services that are outlined in their contract.
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