Fayetteville City Council passes budget for 2013 and approves selling bonds for parking-deck plan

Communication director Lindsley Smith introduces three new members of Fayetteville City Council to new director of Senior Center

Please click on image to ENLARGE.

For many more photos from Fayetteville Senior Center, including today's photos of youngsters from New School visiting with senior residents of Fayetteville, please see Senior Center set on Flickr.

Numerous controversial issues on tonight's city-council agenda

Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith

Aldermen  Ward 1 Position 1 – Adella Gray Ward 1 Position 2 – Brenda Boudreaux Ward 2 Position 1 – Mark Kinion Ward 2 Position 2 – Matthew Petty Ward 3 Position 1 – Justin Tennant Ward 3 Position 2 – Robert Ferrell Ward 4 Position 1 – Rhonda Adams Ward 4 Position 2 – Sarah Lewis

Final Agenda

City of Fayetteville Arkansas
City Council Meeting
December 4, 2012

A meeting of the Fayetteville City Council will be held on December 4, 2012 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:

City Council Meeting Presentations, Reports and Discussion Items:

Agenda Additions:

A.

Consent:

1.	Approval of the November 8 and November 20, 2012 City Council meeting minutes.

2.	University of Arkansas Razorback Road Sidewalk Cost Share:  A resolution to approve a budget adjustment in the amount of $51,308.00 to recognize revenue from the University of Arkansas for its cost share for construction of a sidewalk along Razorback Road.

University of Arkansas Razorback Road Sidewalk Cost Share

3.

Hazardous Materials Incident Response Services Interlocal Cooperation Agreement:  A resolution providing notice pursuant to Article V of the Interlocal Cooperation Agreement for the Provision of Hazardous Materials Incident Response Services in Benton and Washington Counties of the intention of the City of Fayetteville to withdraw its participation in the agreement effective six (6) months from the date of written notification of the adoption of this resolution to the remaining participants.

Hazardous Materials Incident Response Services Interlocal Cooperation Agreement

Additional:  Hazardous Materials Incident Response Services Interlocal Cooperation Agreement

4.	Arkansas Firewise Grant:  A resolution authorizing acceptance of an Arkansas Firewise Grant in the amount of $500.00 from the Arkansas Forestry Commission for use by the Fire Department, and approving a budget adjustment.

Arkansas Firewise Grant

5.	Bid #12-75 Insituform Technologies, LLC:  A resolution to approve Bid #12-75 for a construction contract with Insituform Technologies, LLC for service lateral and sewer main cured in place lining in the amount of $330,000.00.

6.	Operations and Management Plan for Razorback Regional Greenway:  A resolution to approve the Northwest Arkansas Razorback Greenway Operations and Management Plan for Razorback Greenway Trails within Fayetteville.

Operations and Management Plan for Razorback Regional Greenway

7.	Bid #12-74 Vance Brothers, Inc.:  A resolution awarding Bid #12-74 and approving a contract with Vance Brothers, Inc. in the amount of $72,470.00 for asphalt micro-surfacing, and approving a ten percent (10%) project contingency.

8.	City Depository Board:  A resolution designating members of the City Depository Board, as established by Arkansas Code §19-8-106.

City Depository Board

9.	2013 Community Access Television Contract:  A resolution approving a contract in the amount of $105,000.00 with Community Access Television, Inc. to provide public access services and operate the Fayetteville Public Access Television Channel throughout the 2013 year.

2013 Community Access Television Contract

10.	Regional Wayfinding Program:  A resolution to express the Fayetteville City Council’s intent to implement the Regional Wayfinding Program.

Regional Wayfinding Program

11.	Wayfinding Program Implementation:  A resolution to approve the cooperative agreement between the City of Fayetteville and the Northwest Arkansas Regional Planning Commission regarding Wayfinding Program Implementation at a potential cost of approximately $125,000.00.

Wayfinding Program Implementation

12.	Johnson Property Zoning Change:  A resolution agreeing to the change in zoning from commercial to residential for property located in Johnson that adjoins parcels in Fayetteville.

Johnson Property Zoning Change

B.	Unfinished Business:

1.	2013 Annual Budget and Work Program:  A resolution adopting the 2013 Annual Budget and Work Program.  The motion to approve the budget failed.  Then a motion to reconsider was approved.  Then the resolution to approve the budget was tabled to the December 4, 2012 City Council meeting.

2013 Annual Budget and Work Program

C.	New Business:

1.	ADM 12-4259 (UDC Amendment Subdivision Regulations in the Planning Area):  An ordinance to Amend §166.05 Required Infrastructure Improvements - Development in the Planning Area and to repeal §166.08 (I) of the Unified Development Code of Fayetteville.

ADM 12-4259 (UDC Amendment Subdivision Regulations in the Planning Area)

2.

Clear Creek Trail:  A resolution approving a request by the City of Fayetteville to modify the geographic extent and location of certain tree preservation areas pursuant to §167.04(L)(2), Tree Preservation and Protection, Unified Development Code of the Code of Fayetteville, to construct a section of Clear Creek Trail.

Clear Creek Trail

3.	Grant Thornton Annual Audit Services:  A resolution to approve a contract with Grant Thornton, LLP in the amount of $82,500.00 to audit the financial statements of the City.

Grant Thornton Annual Audit Services

Additional:  Grant Thornton Annual Audit Services

4.	City of West Fork Wastewater Service:  A resolution expressing the intent of the City of Fayetteville to provide wholesale wastewater service to the City of West Fork.

City of West Fork Wastewater Service

5.	Entertainment District Parking Deck Site Selection:  A resolution to select the site of the Entertainment District Parking Deck.

Entertainment District Parking Deck Site Selection

6.

RZN 12-4252 (Center Street Rezoning for Eco New):  An ordinance rezoning that property described in rezoning petition RZN 12-4252, for approximately 2.75 acres, located along West Center Street, near Duncan Avenue and the northwest corner of Hill Avenue and Treadwell Street, from RMF-40, Residential Multi-Family, 40 units per acre to DG, Downtown General.

RZN 12-4252 (Center Street Rezoning for Eco New)

7.	Repeal §31.46 Freezing Elected City Officials’ Compensation: An ordinance to repeal §31.46 Freezing Elected City Officials’ Compensation if in Excess of $80,000.00.

Repeal §31.46 Freezing Elected City Officials’ Compensation

D.	City Council Agenda Session Presentations:

1.	Parking Deck Presentation - The Parking Deck Team (including both staff and consultants)

E.	City Council Tour:

F.	Announcements:

Council of Neighborhoods meeting tonight to include election of officers and annual potluck dinner: Review last month's meeting in video below. Please click on headline below to go to YOU TUBE for full-frame view.

Candidates for Ward 4 alderman invited to speak at ward meeting but only Mike Emery shows up

City Council agenda and links to backup material for 20 Nov 2012 meeting

Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith

Aldermen  Ward 1 Position 1 – Adella Gray Ward 1 Position 2 – Brenda Boudreaux Ward 2 Position 1 – Mark Kinion Ward 2 Position 2 – Matthew Petty Ward 3 Position 1 – Justin Tennant Ward 3 Position 2 – Robert Ferrell Ward 4 Position 1 – Rhonda Adams Ward 4 Position 2 – Sarah Lewis

Final Agenda

City of Fayetteville Arkansas
City Council Meeting
November 20, 2012

A meeting of the Fayetteville City Council will be held on November 20, 2012 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:

City Council Meeting Presentations, Reports and Discussion Items:

1.	3rd Quarter Financial Report 2012

2.	Urban Tree Canopy Assessment Results - Presented by Ian Hanou with Plan-It Geo

Agenda Additions:

A.

Consent:

1.	Approval of the November 8, 2012 City Council meeting minutes.

2.	Bid #12-19 Peterbilt:  A resolution awarding Bid #12-19 and authorizing the purchase of two (2) auto arm refuse trucks from Peterbilt of Fort Smith in the total amount of $517,086.00, for use by the Solid Waste Division, and approving a budget adjustment.

Bid #12-19 Peterbilt

3.

Bid #12-73 North Point Ford:  A resolution awarding Bid #12-73 and authorizing the purchase of one (1) Ford F-250 truck with deerskin animal control body from North Point Ford of North Little Rock in the total amount of $49,856.00 for use by the Animal Services Division, and approving a budget adjustment.

Bid #12-73 North Point Ford

4.	Riggs Cat:  A resolution authorizing the purchase of one (1) Caterpillar bulldozer from Riggs Cat, pursuant to a state procurement contract, in the amount of $105,422.00 for use by the Transportation Division, and approving a budget adjustment.

Riggs Cat

5.	Internal Revenue Services (IRS) Task Force:  A resolution approving a budget adjustment in the amount of $30,100.00 to recognize revenue and expenses related to City participation in the local Internal Revenue Services (IRS) Task Force for fiscal year 2012-2013.

Internal Revenue Services (IRS) Task Force

6.

Arkansas State Police Asset Forfeiture Fund:  A resolution authorizing acceptance of a grant in the amount of $34,664.00 from the Arkansas State Police Asset Forfeiture Fund for the purchase of an undercover drug enforcement vehicle and a covert audio/video recorder, and approving a budget adjustment.

Arkansas State Police Asset Forfeiture Fund

7.

Jacobs Engineering Group, Inc. Amendment No. 4:  A resolution approving supplemental Agreement No. 4 to the contract with Jacobs Engineering Group, Inc. in the amount of $768,033.41 for engineering services for the Fayetteville Expressway Development Corridor Project, and approving a budget adjustment.

Jacobs Engineering Group, Inc. Amendment No. 4

8.

Garver, LLC:  A resolution approving a professional engineering services agreement with Garver, LLC for on-call engineering and surveying services in the amount of $25,000.00 and engineering design services for the Greenland sewer rehabilitation project in the amount of $100,087.00, and approving a project contingency of $10,000.00.

Garver, LLC

9.	City of Greenland Wastewater Service Agreement:  A resolution approving an extension of the agreement between the City of Fayetteville and the City of Greenland regarding the provision of wastewater collection services in the City of Greenland.

City of Greenland Wastewater Service Agreement

10.	RJN Group, Inc. Amendment No. 1:  A resolution approving Amendment No. 1 to the engineering services agreement with RJN Group, Inc. in the amount of $160,957.58 to update the wastewater collection system model and master plan.

RJN Group, Inc. Amendment No. 1

B.	Unfinished Business:  None

C.	New Business:

1.

Bid #12-68 Emery Sapp & Sons, Inc.:  A resolution awarding Bid #12-68 and approving a contract with Emery Sapp & Sons, Inc. in the amount of $6,303,828.48 for the construction of the Fulbright Expressway/Highway 71B Flyover, approving a project contingency of $315,191.42, and approving a budget adjustment.

Bid #12-68 Emery Sapp & Sons, Inc.

2.

SourceGas Arkansas, Inc.:  An ordinance waiving the requirements of formal competitive bidding for approving a cost-share agreement with Sourcegas Arkansas, Inc. in the amount of $94,577.00 for the relocation of gas mains and facilities necessary for the Fulbright Expressway/Highway 71-B Flyover Project and for all future payments to or contracts with Sourcegas Arkansas, Inc. for the relocation costs for natural gas utility mains and appurtenances necessitated by road reconstruction or widening projects within Sourcegas Arkansas, Inc.’s area of service, approving a project contingency of $18,915.00 for the Flyover Project, and approving a budget adjustment.

SourceGas Arkansas, Inc.

3.	VAC 12-4219 (2514 New School Pl./The New School):  An ordinance approving VAC 12-4219 submitted by Jorgensen and Associates for property located at 2514 New School Place to vacate portions of existing easements and right-of-way.

VAC 12-4219 (2514 New School Pl./The New School)

4.	VAC 12-4231 (Alley Between W. Cleveland St. and W. Douglas St./University of Arkansas):  An ordinance approving VAC 12-4231 submitted by Allen Jay Young for property located between West Cleveland Street and West Douglas Street to vacate an alley, a total of 0.25 acres.

VAC 12-4231 (Alley Between W. Cleveland St. and W. Douglas St./University of Arkansas)

5.	2013 Annual Budget and Work Program:  A resolution adopting the 2013 Annual Budget and Work Program.

2013 Annual Budget and Work Program

6.

CH2M Hill Engineers, Inc.:  A resolution approving contract Amendment No. 3 with CH2M Hill Engineers, Inc. in the amount of $7,224,875.00 for operation, maintenance, management and engineering services for city wastewater treatment facilities and systems in 2013 subject to approval of the 2013 annual city budget and work program, and approving a $70,000.00 contract contingency.

CH2M Hill Engineers, Inc.

7.

South Garland Boulevard Associates, LP:  An ordinance waiving the requirements of formal competitive bidding and approving a cost-share agreement with South Garland Boulevard Associates, LP in the approximate amount of $98,949.00 for the upgrading of an eight-inch water main to a twelve-inch water main along Indian Trail from Razorback Road to Rose Avenue and the construction of a twelve-inch water main from Rose Avenue to Stadium Drive.

South Garland Boulevard Associates, LP

D.	City Council Agenda Session Presentations:

E.	City Council Tour:

F.	Announcements:

Adjournment:

Fayetteville Park and Recreation Board meeting of Nov. 5, 2012

Environmental Action Committee members advise City Council on a controversial development site in northeast Fayetteville: Please click on headline below to view on You Tube and enlarge to full screen

Old business on Nov. 8, 2012 council agenda: Concerned neighbors of the proposed development could buy the property and preserve the urban nature area to avoid this or an even more intrusive project from destroying the habitat forever

Please click on image to ENLARGE.

Beautiful forest, savannah, highland prairie and perched wetland habitat

Geologist Richard Russell finds sandstone dominating surface

Huge detention pond on east side of project site could be a huge rain garden

Perched wetland on otherwise high, dry mountain tops recharge groundwater and reduce siltation and flooding in the Illinois River watershed 

AHD  dredged and rerouted Lynn Creek, which runs north along western edge of land proposed for more housing, making protection of riparian zone and steep hillside more important if project is approved. 

Tonight's city council agenda plus link to live view on Internet or Government Channel 216 on Cox Cable in NWA and Channel 99 plus on ATT U-verse

Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith

Aldermen  Ward 1 Position 1 – Adella Gray Ward 1 Position 2 – Brenda Boudreaux Ward 2 Position 1 – Mark Kinion Ward 2 Position 2 – Matthew Petty Ward 3 Position 1 – Justin Tennant Ward 3 Position 2 – Robert Ferrell Ward 4 Position 1 – Rhonda Adams Ward 4 Position 2 – Sarah Lewis

Final Agenda

City of Fayetteville Arkansas
City Council Meeting
October 16, 2012

A meeting of the Fayetteville City Council will be held on October 16, 2012 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:

City Council Meeting Presentations, Reports and Discussion Items:

1.	America in Bloom Award - Cindi Cope

Agenda Additions:

A.

Consent:

1.	Approval of the October 2, 2012 City Council meeting minutes.

2.	Bid #12-62 B&H Foto & Electronics Corp.:  A resolution awarding Bid #12-62 and authorizing the purchase of two (2) television studio camera systems from B&H Foto & Electronics Corp. of New York, New York in the amount of $75,578.00, plus applicable taxes.

Bid #12-62 B&H Foto & Electronics Corp.

Additional:  Bid #12-62 B&H Foto & Electronics Corp.

3.	Community Development Block Grant Program:  A resolution awarding bid and authorizing the purchase of 1500 energy efficiency/weatherization kits from ______________in the amount of ______________for use by the Community Development Block Grant Program.

Community Development Block Grant Program

4.

Zara L. Thomas Revocable Trust Settlement:  A resolution approving a settlement agreement with Zara L. Thomas, Trustee of the Zara L. Thomas Revocable Trust U/D/T November 20, 1998 and of the Mary C. Thomas Revocable Trust U/D/T November 20, 1998, concerning condemnation litigation filed regarding the extension of Meadow Valley Trail (U of A Farm Trail).

Zara L. Thomas Revocable Trust Settlement

5.	Arkansas State Highway and Transportation Department:  A resolution approving payment of $4,019,094.00 to the Arkansas State Highway and Transportation Department representing the City’s portion of construction costs related to improvements to State Highway 16, and approving a budget adjustment.

Arkansas State Highway and Transportation Department

B.	Unfinished Business:

1.

RZN 12-4166 (South of Brookbury Crossing & East of Candlewood Developments/Riggins):  An ordinance rezoning that property described in rezoning petition RZN 12-4166, for approximately 20.99 acres, located to the south of Skillern Road from R-A, Residential Agricultural to RSF-0.5, One Half Single-Family Units Per Acre.  This ordinance was left on the First Reading at the August 21, 2012 City Council meeting and Tabled to the September 18, 2012 City Council meeting.  This ordinance was left on the First Reading at the September 18, 2012 City Council meeting and Tabled to the October 16, 2012 City Council meeting.

RZN 12-4166 (South of Brookbury Crossing & East of Candlewood Developments/Riggins)

Additional:  RZN 12-4166 (South of Brookbury Crossing & East of Candlewood Developments/Riggins)

2.

REO Holdings 1, LLC:  An ordinance waiving the requirements of formal competitive bidding and approving a cost-share agreement with REO Holdings 1, LLC in the amount of $31,712.00 for the construction of an eight-inch water main near Bridgewater Lane. This ordinance was left on the Third Reading at the October 2, 2012 City Council meeting and Tabled to the October 16, 2012 City Council meeting.

REO Holdings 1, LLC

C.	Public Hearing:

1.	Dynasty Taxi:  A resolution granting a Certificate of Public Convenience and Necessity to Dynasty Taxi Service, Inc. for the operation of a total of fifteen (15) to thirty (30) taxicabs in the City of Fayetteville.

Dynasty Taxi

D.	New Business:

1.	VAC 12-4221 (2111 Martin Luther King Blvd./Panda Express):  An ordinance approving VAC 12-4221 submitted by Lorel Hoffman for property located at 2111 Martin Luther King Boulevard to vacate a portion of a water and sewer easement, a total of 2,039 square feet.

VAC 12-4221 (2111 Martin Luther King Blvd./Panda Express)

2.

Arkansas Forestry Commission Memorandum of Agreement:  An ordinance to waive formal competitive bidding and approve a Memorandum of Agreement between the Arkansas Forestry Commission and the City of Fayetteville to pay $20,000.00 and $24,995.00 respectively to Plan-It GEO to conduct a tree canopy analysis for Fayetteville.

Arkansas Forestry Commission Memorandum of Agreement

3.	2013 Residential Trash Rates:  An ordinance waiving the requirements of Fayetteville Code of Ordinances Section 50.40 (A)(4) for an automatic annual price adjustment of residential trash rates for fiscal year 2013.

2013 Residential Trash Rates

4.	Amend Chapter 33:  An ordinance amending Article XVI: City Council Street Committee of Chapter 33: Departments, Boards, Commission, and Authorities of the Code of Fayetteville to amend the Purposes, Powers and Duties of the City Council Street Committee.

Amend Chapter 33

5.	Amend Standing City Council Committees:  A resolution to amend Rule E.1.a. Standing City Council Committees of the Rules of Order and Procedure of the Fayetteville City Council to clarify the advisory status of all committees.

Amend Standing City Council Committees

E.	City Council Tour:

1.	October 15, 2012 at 4:30 pm - RZN 12-4166 (South of Brookbury Crossing & East of Candlewood Developments/Riggins)

2.	October 23, 2012 at 4:30 pm - Wedington Drive Corridor

F.	Announcements:

1.

Reminder:  The regular scheduled City Council meeting of November 6, 2012 has been changed to November 8, 2012.  The City Council Rules of Order and Procedure state: The City Council shall meet in regular session on the first and third Tuesday of each month at 6:00 P.M.  When a holiday or general election occurs on any such Tuesday, the regular meeting shall be held on the following Thursday at the same hour unless otherwise provided for by motion.

Adjournment:

Unexpected success dredging up old blog that had disappeared from public view

SATURDAY, SEPTEMBER 4, 2010

Requium for SouthPass?

It has been six long years since the City ignored the City Plan 2025 and was snookered into an another deal with developers on which the the citizens look like suckers, some of the same developers who were gifted with a $3.7 million TIF deal for a luxury hotel that morphed into a barren parking lot and who would be major campaign contributors to Dan Coody's reelection campaign. With only a City Council resolution authorizing him to negotiate, on September 7, 2004, former Mayor Dan Coody immediately signed a contract with SouthPass Development that had already been prepared and signed by John Nock. When the Council balked in November 2008, City Attorney Kit Williams told them that they had no choice but to approve the development and everything that Coody had promised. Subsequently, Coody waived some of the requirements for the developers, and the City went ahead to build infrastructure that was supposed to be a cost-share project with the developers.

All of the Planned Zoning District and permits for SouthPass were to expire on November 6, 2009, if the Phase One construction was not met. It wasn't. Neither did the developers deliver the required deeds for a 200-acre regional park and 10-acres with water tanks nor the $1 million for park development as required by the contract. All the City has gotten out of this deal has been a toxic landfill, hundreds of thousands of expense for new infrastructure, untold hours of staff time, and a well deserved repution for being a fool.

Thanks to documents released in response to a recent FOIA request, we now know even more. Two days before the permits expired, the developers requested a one-year extension until November 6, 2010. In response to the letter, the City asked for specific reasons for extending the PZD phasing deadlines and subsequent information regarding the timing of the release of the deeds required of the PZD conditions of approval. Since that time, the City has, on numerous occasions, deferred to the developers, property owners, bank representatives and/or attorneys representing the bank to allow additional time in order to negotiate the release of the deeds. It has become increasingly apparent that the lines of communication between the City and the development/ownership group have not been productive, as the City established four deadline commitments that have been extended or missed since these discussions began in November, 10 months ago.

On August 19, 2010, City Planning Director Jeremy Pate told the developers “that unless the deeds are delivered to the City of Fayetteville unencumbered, free and clear of any lien or mortgage and acceptable to the City of Fayetteville before Friday, August 27, at 12:00 pm local Fayetteville time, the request to extend the PZD approval for one year will be denied, to be effective on the same date and time.” That date has come and gone.

City Attorney Kit Williams got involved with a series of memos between John Nock and himself. It appears that the City is sitting on two sets of deeds -- one from the SouthPass developers and one from Chambers Bank pending a deed from SouthPass in lieu of foreclosure. Williams extended the deadline yet again until September 9, because he says Nock says he is trying to get other financing to save his project and cough up the additional $1 million required by the contract. If that doesn't happen, Williams says he will file the deeds from Chambers Bank, but the agreement between Williams and J. R. Meeks of Chambers Bank specifically exempting the bank from "assuming any obligations of SouthPass under any previous agreements and between the City and SouthPass." That is, the City should not count on the promised cost-share expenses and the $1 million it was supposed to get under the contract with SouthPass.

Maybe this will all be over next week, or maybe Williams will cut a new deal granting yet another extension to keep this albatross hanging around our necks for another six years. I think, as Kenny Rogers told me, you need to know when to fold'em and when to walk away. Let's cut our losses and be done with this whole mess.