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Home My WebLink About2015-08-04 - Agendas - Archive lardI Ammcay aemumlmm x.m�m wma lFbJaml — '_ wma 3FbJaml Anv as Mma Anv Mam,W. 5�ppmeyv,k. lard I N=M2 W W 3tbdaM2 Ano Markt immi ANuvwlO ,UTm, W W 2tbdam I W W dtbdam I aam�Wmv Ae AmT.t Wa12kbaam2 Mrym WrcJelmtlm Wa14kbdam2 aw Avmry WI u Gq CleakSmA,Wn E9mls,,�h City of Fayetteville Arkansas CRY Council Meeting August 0,2015 A meeting of the Fayelleville City Council was held on August 0,2015 at 5:30 p.m.in Room 219 of the City Administration Building located at 113 West Mountain Slreey Fayetteville, Arkamon. Call to Order Pledge of Allegiance Mayor's Announcements,Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items Agenda Additions A. Consent 1. AWmval of the July 21, 2015 CRy Council mental; minutes. APPROVED 2. Bid No. 15-27 Avedin King, Inc. "a King Electrical Contractors: A insolation to wardBid No. 15-27 and authorize a contract with Austin King, Inc. Wa King Electrical Contractors,Inc. In the amoumof$82,700.W fur the purchase and iattallatim ofdmwical busways at the Noland Wastewater Trmim ni Plant, and to appmve a project contingency in the amount of$8,270.00 PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 127-15 3. Bid No. 1541 BaR Crashed Rock Sem A resolution to award Bid No. 15-41 and authorize the pumfiase of bulk crushed rock salt from Genual$alt LLC as primary suppfier and Oakley Feruffmr, Inc. as secondary supplier for materials delivered. and Oakley Fendrzer, Inc. as primary, supplier and Central Salt LLC as secondary supplier for materialspicked up, forvaryingunitphms as nmdW thmugh tfie20l5-2016 wInwrsmson. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 121 15 6. Riggs Cat Of Springdale: A resolution to authorize the purchase of thme (3) 2015 Caterpillar 620172 backfires from Riggs Or of Springdale, Arkansas in the tool amount of $286,007.58 pursuant to a National Joint Powers Alliance cooperative pumfiasing agmement bourse by Tramponation Services, Parks and Recreation, and Water and Sewer Operatioas. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 12%15 5. Williams Tractor of FayefficAle: A resolution to authorize the purchase of two(2) 2015 Bobcat E65 T6 Excavators from Williams Tractor of Fayetteville, Arkansas in the total amount of $118,800.00 pursuant to a National Joint Powers Alliance cooperative purchasing agreement for use by the Transportation Services Department and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 130.15 6. Ranger's Pantry and Community Development Block Grant Program became: A resolution to approve a budget adjustment in the total amount of$20,910.00 representing dowitions to Harper's Pantry and Community Development Block Omni Program Income received from housing lien payoffs and the sale of public facilities equipment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 131-15 7. Arkansas Department of Parks and Tourism's Outdoor Reciwadoa Grana A resolution to authorize an application for a 50/50 matching grant, through the Arkansas Department of Parks and Tourism's Outdoor Reereatioa Grant Program, in the amount of $150,000.00 for the construction of playground and parking improvements at Wilson Park. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 132.15 113wes aoomwn rmienw11 . Aa 72701 f479l5e5ew w fayenwmcurum S. Paymentus Agreement A resolution to approve a two (2) year Master Services Agreement with Paymenus Corporation to upgrade the City's electronic utility bill payment services fm an initial setup fee of$15,000.00 and an estimated cost of$35,000.00 peryear. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 13115 9. Habberton Road Water Main Conslimceon: A resolution to express the City Canard's agmement that the City should facilitate the construction and financing of a water main along Habbenon Road by accepting debt service payments as partofthe customers' water bills and remiuing those payments to the financing entity. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 130.15 10. M16 Employee Benefits Package: A resolution to approve the 2016 employee benefits package. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 135-15 B. UnNaUhed Business 1. RZN 1&5040 (1065 E. Hurmire le RdJme Plaza): An ordinance rezoning that property described in Rezoning Petition RZN 15-5044, for approximately 16.02 acres, located at 4065 E. Huntsville Road from R-PID 08-3071, Residential Planned Zoning District Bridgedale Plaza to RSP-7, Residential Single Family, 7 Units Per Acre, NS, Neighborhood Services, and CS,Community Services. At the June 2, 2015 City Council meedng this ordinwce wart left on me first reading.At the June 16, 2015 City Council mmdng this or&vaace was left on the second reading. At the July J, 2015 City Council meeting this ordinance wart left on the dried coding and tabled to the July 21, 2015 City Council meeting. At Me July 21, 2015 Cly Council meeting this ordirorve wart tabled to the August 4. 2015 City Council meeting. THIS ORDDIANCE WAS TABLED TO THE AUGUST 18, M15 CITY COUNCIL MEETING 2. Arkansms Legacy LLC Appeal: An ordinance rezoning that property described in Rezoning Petition RZN 15-5066, for approximately 3.98 arms, located at 1338 and 1326 W. Cleveland Stmet from RMP-24, Residential Multi-Family, 24 units per acre and RSF- 4, Residential Single-Family, 4 units per acre to DG, Downtown General subject to a Bill of Assurance. At the July 21, 2015 City Council meeting this ordinance wort left on the fust reading. THIS ORDNANCE WAS LEFT ON THE SECOND READING 113 ssc moomam Faymwim, Art nm, (479)575aeS w fymwubar gw 3. City Countil'sIntention to Purchase Me Fayetteville Chamber of Commerce Building: A resolution to express the City Council's intention to investigate a possible purchase of the Fayetteville Chamber of Continence building on Mountain Stmet.At the Jury 21, 2015 City Council meeting, this resolution was tabled to the August q 2015 City Council meeting. THIS RESOLUTION FADED C. New Endres I. Kessler Consulting Amendment Na. l: A msolutioa to approve Amendment No. I to the contract with Kessler Consulting, Inc. in the amount of§39,980.00 for assistance with the design and implementation of commonest food waste pilot program and a single simam recycling pilot program, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 13615 2. Uniform Nondiscrimination Proleedotm Special Election: A resolution to approve a budget adjustment in the amount of 840.Ip0.00 to provide funding for payment of costs related to the Uniform Nondiscrimina cia ProtMions Special Election. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 137-15 3. RZN 155103 (1837 W. Mitchell Sk/t ann): An ordinance ranging that property described in Running Petition RZN 15-5103, for approximately 0.23 Acres, located at 1837 W. Mitchell SL brain RMP-26,Residential Multi Family,26 Units per Acm,N RSF- 8, Residential Single Family, 8 Units per Acm. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5788 6. ADM 15-5093 (UDC Chapters 161, 164 And 172 - Single Family and Two Family Infill): An ordinance amending Tide W UaSed Development Code of the City of Fayetteville to amend Chapters 161, led and 172 to modify the bulk and ama mgWatimis to encourage small lot single family =it two family infill in multi-family zoning districts and to include minimum design standards for Ws type of development. THIS ORDINANCE WAS TABLED TO THE OCTOBER 16,2015 CITY COUNCIL MEETDIG 5. Repeal Chapter 171 Streets And Sidewalks: An ordinance to repeal Chapter 171 Street and Sidewalks and enact a replacement Chapter 171, Streets and Sidewalks of the Unified Development Code. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5789 nawesmwmam taymwim, AR need I479l575aw w faymwubar9m Announcements City Council Agenda Sewn Presentations 1. Agenda Session Presentation -Willow Bend Project Update, John Anderson City Council Tone: Monday,August 3,2015 Chambm Buftng and Police Depanment Adjournment: 8:57 p.m. City Council Meeting: August 4, 2015 Adjourn: $ lS —I Subject Holl kat..t , Marsh Kinlen Petty Tennant Schoppmeyer � t La Tour / Long Gray MayorJordan / Subject: Motion re: Notion By: Seconded: Marsh mount Petty Tennant Schoppmever La Tour Long Cray Mayor Jordan City Council Meeting: August J, 2015 Subject: Consent Motion To; Mutiunlly: Seconded: G Marsh Kinian ✓ Petty ✓ Tennant M;~t" SehonPmeyer La Taur t/ Long ✓ 0-1- Crap ✓ �2rjMayoraordan b a Subject: Vlofion To: Motion By: Seconded: Marsh Kinian Petty Tennant Schoppmeyer To Tour Long Cray Mayor Jordan City Council Meeting: August 4, 2015 SuhjecL 1 N15-5044 (4065 P. Huntsville Rd./the Plaza) Motion TO: )a t5 Motion By: SccaudN: WI B. 1 Marsh Unfuhhed Kin' Business Pett ✓ � // Tennant Schoppmcycr — }o To Tour rat, Lung 1 gt aol5 Gray Mayor Jordan m'O Subject: Arkansas Lcgacy TLC Appeal Motion To: Motion By: /Osi .cpn Seconded: P K /n;nn R 2 Marsh / A/ Unfinished Kiuiuu Business Petty ✓ Al ;1 6} Tennant„(- ivA�- SchoPPmeycr P AI"It co,d La Tour ✓ /✓ /71&04-� Long ✓ ✓ Gray ✓ Al Mayor Jordan (0 -0 City Council Mccnng: August 0, 2015 Subject: City council's Intention to Purchase the Fayetteville chamber or commerce Building Motion To: /Jp�rove Motion By: r Seconded: e4 B.J Marsh Unfinished Kinion ✓ Business Petty i✓ Tennant OjAem 3 � sehoppmeyer � La Ton Lang // Gra ✓ Mayor Jordan a- 3a.4d Subject: Mnfinn To: Motion By Seconded: Marsh Kinion Potty' Tennant SrhopPmeyer To rFour Long Gray Mayor Jordan City Council Meeting: Angust4,2015 Subject Roster Consulting Amendment No. / Motion Tu: /1 Motion By: Pp Seconded: C. 1 Marsh New Kinin Business Petty ✓ Tennant (A� X 9w jt SchoppmeYer p,bwx To Tour Al Long Al Gray Mayor Jordan s-a Subject. Uniform Nondiscrimination Protections Special Flection Motion To: nn !' ppreve Motion By: p Seconded: C.2 Marsh r, Nen. Khtion ✓ Business Petty :✓ Tennant P�.6Bd SahoPPmuYcr �gyrx � La '1'our n/ Imng ✓ Gray �3{'�� Mayer Jordan S'/ City Council Meeting: August 4,2015 Subject: BZN 15-51113 (1837 W. Mitchell St✓Dunn) Motion To: and &d 3rd k4J C� Motion By: Seconded: C. 3 Marsh ✓ ✓ ✓ New Kinion ✓ ,/ ✓ Business Petty ✓ '✓ Tennant �a�sd Schoppmeyer TuToar '✓ ✓ ✓ Long ✓ ,✓ ✓ Cray ✓ ✓ r, Mayor ordan SubjecE ADM 15 g093 Chapters 161, 164 And 192-Single Family and Two Family Infill) Motion To: ptto he.� V, da fs Motion By: P Seconded: C 4 Marslt ✓ New Kinion ✓ ✓ Business Petty �Ie^� �l Tennant jaN_ " Lhoppmeyer "de..t o La Tour / 0 L b� Long �✓ SIS Cray Mayor Jordan v -o City Council Meeting: Augu>t 4, 2015 Subject Repro] Chapter 171 Streets And Sidewalks Motion To: 7�d Re�6 3vd homed Pa Motion By: /A✓1I ss h Seconded: C. 5 Marsk ✓ ✓ ✓ New Kinion " ✓ ✓ Business Petty ✓ ✓ ✓ Tennant Sebappawyer nth euya f c�d�t 6Q.aa—t Lu Tour Al ✓ ✓ t/ Lang ✓ ✓ Cray Mayor Jordan Subject. Motion Tn Motion By: Sccondnd: Marsh Kinion Petr. Tennant Schop neyer La Tour Long Cray Mayor Jordan 41 DEPARTMENTAL CORRESPONDENCE kz OFFICE or r ChTV ATSOBN5r Kit Williams Ciet AHmney Blake Pen inghhn TP. Mayor Jordan asslaevnl cynlmmey Ba � THRU: Sondra Smith, City Cook amalegal Cook FROM: Kit Williams, City Attorney µ, hv-- DATd: August 6, 20]5 RP: Resolutions and Ordinances prepared by the Pty AHorney'e Office and passed at the City Council meeting of August 4, 2015 1. A resolution to award bid no. 15 27 and authorize a contract with Austin King, hs. d/b/a King Electrical Contractors, lee. In the mount of$82,700.00 for the purchase and installation of electrical busways attire Noland Wastewater Treatment Plant, and to approve a project contingency in the amount of$8,270.00. 2. A resolution to award bid no. 1541 and authorize the purchase of bulk crushed rock salt from Central Salt, LLC as primary supplier and Oakley Fertilizer, Inc as secondary supplier for materials delivered, and Oakley Fertilizer, Inc, as primary supplier and Central Salt, LLC as secondary supplier for nmtufals picked up, for varying unit Feces as needed through the 20162016 winter season. 3. A resolution to authorize the purchase of three (3) 2015 Caterpillar 42012 backhoes from Riggs Cat of Springdale, Arkansas in the total amount of $286,007b8 pursuant to a National Joint Powers Alliance Cooperative Purchasing Agreement for use by Transportation Services, Parks and Recreation, and Water and Sewer Operations. 4. A resolution to authorize the purchase Of two (2) 2015 Bobcat PA5 T4 excavators from Williams Tractor of Fayetteville, Arkansas in the total amount Of $118,800.00 pursuant to a National John Powers Alliance Cooperative Purchasing Agreement for use by the Transportation Services Department and to approve a budget adjustment 5. A resolution to approve a budget adjustment m the total amount of $20,910.00 representing donations to Ranger's Pantry and Corroborate Development Block Grant program income received from housing lien payoffs and the sale of public facilities equipment 6. A resolution to authorize an application for a 30/30 matching grant, through the Arkansas Department of Parks and Tourism's Outdoor Recreation Grant Program, in the amount of $150,000.00 for the construction of playground and parking mpraverrents at Wilson Park. 7. A resolution to approve a two (2) year Master Services Agreement with Peymentus Corporation to upgrade the Cry's electronic utility bill payment services for an nnifiah setup fee of$16,000.00 and an estimated cast of$33,000.00 per year. 8. A resolution to express the City Council's agreement that the city should facilitate the construction and financing of a water main along Phtbberton Road by accepting debt service payments as part of the customers' water bills and remitting those payments to the financing entity. 9. A resolution to approve the 2016 Employee Benefits Package, 10. A resolution to approve amendment no. 1 to the contract with Kessler Consulting, Inc In the amount of $39,980.00 for assistance with the design and nnplementation of a Commercial Food Waste Pilot Program and a Suzgle Stream Recycling Pilot Progam, and to approve a budget adjustment. 11. A resolution to approve a budget ac'uahnent in the amount of $40,000.00 to provide funding for payment of costs related to the uniform nondiscrimination protections special election. 12. An ordinance to repeal Chapter 171 Steel and Sidewalks and enact a replacement Chapter 171, Sheets and Sidewalks of the Unified Development Code. (Engineering needs to provide the City Clerk with the very slightly amended Exhibit A.) 2 City of Fayetteville, Arkansas 113 West M1bwlvn Street Fy HaWk, A ]2]01 (4M) 5755323 ce Meeting Agenda - Final Agenda Tuesday, August 4, 2915 5:39 PM City Hall Room 219 City Council Meeting Asses Gray Wmtl f Swah Marsh Ward 1 Mark Wnion Wartl2 MdMwr PettYWsrd2 Justin Tauimt WaN3 Marta W. Sano meM Jr. Wartl3 Jahn S.La TWr Warc 4 AHn LWp Warc 4 ELECTEG GFRWALS: MaycruwoldJwtlan Car ASnmayl9t WDrams City We*aware Smrn CYy Cgntll Wptlnp Wasp AAnds-FYalAAnda RYeunt p,3016 Call TOOrtler ROIICall Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: A. 1 20140508 APPROVAL OF THE JULY 21, 2015 CITY COUNCIL MEETING MINUTES. A. 2 20 BUD NO. B-E]AUSEIN KING, INC.OIBIAK4YGEM12MCAL CON'EBACEOB.S A RBSOUITION TO AWARD BBD NO. 15-2]ANO AUTTOBIZB A CONTRACT WITH ADSTW KNC, NC. D/B/A KING ELBCIIUCAL CONTRACTORS, WC. IN TILT AMOUNT OF $82700.00 MR TILT TNRCHME ANO WSTALLATION OF ELECTRCAL BUSWAYS AT THE NOLANO WPSTEWATER TREATMENT PLANT, AND TO APPROVE A PROJECT CONTNGENCY IN THE AMOUNT OF $8,2]0.0] Gfll'015 AUNn qm BBA KInp Eletm, Eletlnml Bus ly Replecenent A. 3 20150313 Bm NO. H41 BULKCHUSHEDROCKEALT A RESOLUTION TO AWARD BO NO. 154IANO AUTHORIZE TILT PURCHME OF BULK CRUSHED ROCK SALT PROM CENTRAL SALT, LLC AS PRBNARY SUPPLIER ANO OAKLEY I'MTBAZER, INC. AS SECONDARY SUPPLIER FOR MATERUkS DELIVERED, ANO OAKLEY PERTBAZER, WC. AS PRBNARY SUPPLIER AND CENTRAL SALT, LLC AS SECONDARY SUPPLIER FOR MATERWS PICKED UP, FOR VARY UNO PRICES AS NEEDED THROUGHTHE2015-2016 WENTERSEASON SRP-2015-0313&Ik Cn Aatl Rck SM1-Bk115-01 clwffF� Po 2 mi W7 15 q Cgntllftawo 1 UNAAntle-FY IAAntle AY wt 4,2016 A. 4 201 ERGS CAT OF SPR4YGOALE A RESOLUTION TO AIIT1[OI THE PURCHASE OF THREE (3) 2015 CATERPB.I.AR 420F2 BACKHOES PROM MGM CAT OF SP DALE, ARKANSAS W THE TOTAL AMOUNT OF ffiK007.58 PURSUANT TO A NATIONAL AWT POWERS ALLIANCE COOPERATNE PURCHA m AGREEMENT FOR USE BY TRANSPORTATION SERVICES, PARKS ANO RECREATION, ANO WATERANO SEWEROPERATIONS I BRP7-1S15PKWSTRBx1tM1m 655-660.666 A. 5 201 WE.I.IAMS TRACTOR OF FAYETTEVE.LE A RESOLUTION TO AUTHORIZE THE PURCHASE OF TWO (2) 2015 BOBCAT E VEXCAVATORS PROM WELIAMS T TOR OF FAYETPEVE.LE ARKA M W THE TOTAL AMOUNT OF $118,800.00PURSUANP TO A NATIONAL AWT POWERS ALLIANCE COOPERATNE PURCHMM AGREEMENT FOR USE BY THE TRANSPORTATION SERVICES DEPARTMENT, ANO TO APPRDVE A BwcET ADRISTMENF A 6 r SRP7-1S15TRANExtsv M818E19 84movefi EfrmMMto020� WWO A. 6 20150331 RANGER'SPAMFEYA DCOMMUNFFYDEVELOPMEYT W CKGRANTPROGRAMWCOME A RESOLUTION TO APPROVE A BUDGET AONSTMENT W THE TOTAL AMOUNT OF $20,910.00REPRFSENTNG DONATIONS TO RANGER'S PANTRY ANO COMNUNFFY DEVELOPMENT BLOCK GRAND PROGRAM WCOME RECENEO PROM HOUSNG LIEN PAYOFFS ANO THESALE OF PUBLIC FACH,DEES EQU@MENT Ike r¢' SRFSRM- PIE ,n Recoonition BLPI Bma Re m W miwYauMu4wa Po 3 mi W7 15 q C Iwawo I UNAAnda-FY Lkpnds AY wt 4,2016 A. ] 201 sGM 5 ARKANSASDEPAHTMEN'FOFPARKSANOTOORDAPS ORT00011 RECRFA IGON GRANT A RESOLUTION TO AUHIORIZB AN APPLICATION FOR A 5W5O MATCHING GRANT, TROUGH LOT ARKANSAS DEPARTMENT OF PARKS AND TOURLSM'S OUTDOOR RECREATION GRANT PROGRAM, IN Tf® AMOUNT OF $15ROWD)FOR DUE CONSTRUCTION OF PLAYGROUND AND PARKING IMPROVE VWFS AT WI SONPARK Ate" Lei9v Pakal-Rec G�aN20159325 A. 8 20138 PAYMEN'ITIS AGREEMENT A RESOLUTION TO APPROVE A TWO (2) YEAR MASTER SERVICES A^REEAIE '" WFFH PAYMBNTUS CORPORATION TO UPGRADE DUE CITY'S ELECTRONIC UTILITY BILL PAYMENT SERVICES FOR AN NTHAL SETUP FEE OF $15,0]OMANO AN ESTIMATED COST OF$J5,W0.W PER YEAR Ate"" AmNa Pakat- PxmaMaS Cmmaticn A. 0 201 HABBERTONROAO WATERMAINCONSTRUCTION A RESOLUTION TO EXPRESS Tf® CITY COUNCIL'S AGREEMENT THAT DGi CITY SHOULD FACILITATE LOT CONSTRUCTION AND FINANCING OF A WATER MAIN ALONG BABBERTON ROAD BY ACCEPTING DEBT SERVICE PAYMENTS AS PART OF Tf® CUSTOMERS' WATER BILIS AND REMITTING THOSE PAYMENTS TO THeawANcwcEVHTr Awnd, Pldlt Hebbenon Rlld A. 10 20� E016 EMPLOYEE BEN@'f'I'S PACKAGE A RESOLUTION TO APPROVE DGi 2016E0IAYEE BENEFITS PACKAGE Ate"" Rm DR�AC Pak B. BMInIsheE Business: oqurgmaup,uu,wa q 4 NWW7 15 q Cgntllftawo 1 UMAAntls-FY Lkpnda AY wt 4,2016 B. 1 20150269 RZN 1S5UW (01165 E HUNTSVILLE RE THE PLAZA) AN ORDINANCE REZONING THAT PROPERTY OESCREBEO IN REZONING PETITION RZN 15-50", FOR APPROXENATELY 16.02 ACRES, LOCATED AT J055E. HUNPSVR.LE ROAD PROM RPM 08-30]1, RESIDENTIAL PLANNED ZONING DISTRICT BRINGEOALE PLAZA TO RSF-7, RESIDENTIAL SIEGEL FA Y, ] ONES PER ACRE NS, NEIGHBORHOOD SERVICES, AND CS, CONIINGNEEY SERVICES A 6 r 155010 CC IX A& F B 1550MCCro s Al 1&J 22015 Co Co dmrepng.(F,o WfteewlJ(on&finrs MAN Aldehule f6. 20f5ClryCowrcumrepng.(FuogOprcewlJ(on tlreve¢pElmEgg A(tlreJWj22a5Clry cow¢umeepng,(gvogwgn wv/glon Nel6W reoGIn4�Mp6bEro NeJu6'v,zas aycwrou *,AngN 2WJCf,2a5VlwM¢Ym�tlxg.(lWogPowewr MWe/ro tlreAuguH 1,zas cq aweu m�mg B. 2 20 ARKANSAS IEOACYLLC APPEAL AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION REN 15506GFOR APPROXENATELY 3.98 ACRES, LOCATED AT 1338ANO 1326W. CLEVELAND STREET PROM RMF-24, RESIDENTIAL MULTI-FASdY, 2AUNIIS PER ACRE AND RSF4, RESIDENTIAL SINGLE-FANRLY, JUNITS PER ACRE TO OO, DOWNTOWN GENERAL. SUBJECT TO A BILL OF ASSURANCE IrY r 1S503GF A& B ahlbltN Revltim 3- 071715 1S50GG Full Reoon B2 Addit,nel Nkenses Leoen A(MAN 21,2a5Clb Canel/meggg. lM1v oggorcewu4fr on(Fefirs( W mvyNan3,u4wa PoTe mipml6a'afe q C IWawo a UNAAnda-FO IAVMs Ae wt 4,2016 B. 9 201 CITYCOUNC 'SL NUONTOPURCHASETBE FAYETTE V B.IE CHAMBER OF COMMERCE BUBDING A RESOLUTION TO EXPRESS THE CITY COUNCH,'S W]FNBON TO INVESTIGATE A POSSIBLE PURCHASE OF THE FAYETIEVB.LE CHAMBER OF CDM RCE BUBDING ON MOUNTAIN STREET IA 6 r¢' A Ja Rea NPak GN Cpunol lnl m rth 11,Che mber Bulltll no A( /bCantllmeggB. lM1u rmvluponwupl4Ep{5e Augvi4(1.2N5C2WJCY lb Cww/megn8 C. Now Business: C. 1 2010 KEBSLER CONSULTING AMENDMENT NO. I A RESOLUTION TO APPROVE AMENDMENT TO. 1 TO THE CONTRACT WITH KESSLER CONSULTNG, INC. IN THE AMOUNT OF $39,9K.00FOR ASSISTANCE WITH THE DESIGN AND NIPLEMENTATION OF A COM RC1e1 FWD WASTE PILOT PROGRAM AND A SINGLE STREAM RECYCLING PILOT PROGRAM,AND ]Cl APPROVE A BUOGETAONSTMENT SRP-Kmdw Flob Wa , Dw,rtipn Plen &42015-0308Ka WC rat"wdma0 C. 2 20101$ UNIFORM NONDKSCREMNATION FROTECTIONS SPECIAL �TINN A RESOLUTION TO APPROVE A BUDGET AONSTMENT IN THE AMOUNT OF $M,WOMTO PROVIDE FUNDING FOR PAYMENT OF COSTS RELATED TO THE UMFORM NONDISCREVINi ATION PROTECTIONSSPECW.ELECTION A 6n r Wl Na-dx=Jmllm Pmt,N,ne S plod El,N,n Pskel &4 2015 5 AHetl UWBE Mmb,n W miwYeaM.u4wa Po a mm W7 15 qyC lgYtlng MmUMAAnds-FYeIAAnds Avipst 4,2016 C. 3 201 0.M$ RZY t%t¢l (107 W. NI IEHELL S .IOO,Y,Y) AN ORDINANCE REZONING THAT PROPERTY OESCMEO W REZONNG PETITION RZN 155103, FOR APPROXIN TELY 023 PLRES, LOCATED AT 1837W. MFfCFdil.L ST. FROM RMP-24, RESIDEN MGLTI FA Y, 2AIINFPS PER ACRE TO RSP-8, RESBIBNMLSWGLB PAMdY, B IINFPS PER ACRB B 155103CCIXMIBITa 155103 STAFF REPORT C. 4 201&0330 ADM 155M (UDC CHAFFERS 161, 164 AND IR-SINGLE EAMB.YA,YD'FWOEAMB.YIXE ) AN ORDINANCE AMENOWG TITLE XV UNIFIED OEVEIOPMENT CODE OF Tf® CITY OF PAYETTEVdLE TO AMEND CHAFFERS 161, 164 ANO MTO MODIFY THE BN% ANO AREA REGHLATIONS TO ENCOURAGE SMALL LOT SINGLE FA Y ANO TWO FA Y NTILL IN MULTIFAY ZONING DISTRICTS ANO TO INCLUDE MLW DESIGN STANDARDS FOR THIS TYPE OF OEVEIOPMENT A 6r 1S50J3 CCIXA 1S5093 CC IX B C. 5 201 REPEAL CHAFFER I]I SFREETS A,YO ME WA AN ORDINANCE TO REPEAL CHAPTER 171 STREET ANTI SIDEWALKS ANO ENACT A REPLACEMENT CHAPIBR 171, STRBBTS ANO SIDEWALKS OF THE UNIFIED OEVEIOPMENT CODE B Lei9v mn 2015-0328 o. City Council Agenda Session Presentations: 0. 1 2015019E AGENDA SESSIONPRESENTATION-WdIOW BEND PROSECT UPDATE,30FW ANDERSON E. 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Using RMf zoning designations to create less dense development along the west houndary (near Sunset Drive) and more dense development along the east boundary (near heta Tau(. Perhaps RMF 32 along the west Aide, RMF-18 in the center, and retaining the existing RMF 24 on the eastern side of the property, 2. Using the Community Services zonihff-csegory forthe See west of the existing RMF N4 - 3. Using a aimedtlned 20 mogTil5rtip (PID) with an identified target density of 60 omit for the entire parcel and a 10%free retention standard. And the last alternative, 4- Continuing with the original proposal for Downtown Geneml with the attached 0111 of Assurance. To address questions regarding parking, the following standards are established in City code. Parking requirements will be addressed during the Large Scale Development process. Number of Bike rack Bus stop Moped Required Parking spaces Difference Redrooms credit credit credit Parking In drat plan 13Z 10% d0% -10% 91 113 '22 Please remember t a1S Ma on is 3current Is very expensive (up to S14 million for streets and other Infrastructure(- Acertain density is needed to make the development economically feasible. 41 DEPARTMENTAL CORRESPONDENCE " OFFICE OF THE CITY Ai fORNEY Kitivi 1113816 CitYAHpmeJ BlelxeeraIFgun TO: Mayor Jordan oscaFun1ary Atsmq City Council raparoyla0'" 8 CC: Jeremy Pate, Development Services Director Andrew Garner, City planning Director FROM Kit Williams, City Attorney ----- - DATE: �/� .>E '—' _DATE: July 29, 2015 RE: Legacy Rezoning Appeal Considerations I have provided a discussion of Zoning Considerations to every member of the ON Council both during your orientation for new City Council members and when a controversial or highly contested rezoning request is before the City Council for decision. Because the City Council is now facing two controversial rezoning requests: one on Highway 16 East and one on Cleveland; I thought I should provide you another copy. l request that you refer to any appropriate such consicteratlon daring your discussion to help explain your vote. I do want to mention that the applicant for the Legacy proposed rezoning bas emphasized something that I had never heard as a justification for a rezoning during my twenty years sitting as a City Council member and later as City Attorney. The applicant initially rejected presenting a PZD because of its 25% tree preservation requirement and thus requested Downtown General for its 10% tree preservation requirement. In the applicant's handout to the Ward 4 meeting of July 27, 2015, the applicant offered to use a Planned Zoning District with "a 10% Eve retention standard." Their about four acre parcel is mainly zoned RSF-4, Residential Single Family, 4 units per acre which carries a 25% free preservation minimum. The remaining about .75 acre area is zoned RMF-24 which carries a 20% tree preservation minimum. 1'he percent of required tree preservation for the entire parcel is about 24% as the lot is now zoned. Thus, an Important reason cited by the rezoning applicant is to reduce the current tree preservation requirement of 24% to the 10% level allowed by Downtown General. This reduction in preserved trees would enable the developer to place more housing units onto this four acre parcel to generate more profit and avoid having to plant mitigation trees, preserve frees on other owned property or city parks or pay into the tree escrow fund to plant trees nearby. I guess the applicant could claim he should be allowed to preserve fewer than 42% of the trees that his current zoning now requires in order to put his property to its "highest and best ore" from a monetary viewpoint. As I have stated many times to you in my Zoning Consideration memos "The benefit to the owner of a proposed rezoning may certainly be considered, '(h)owever, we have held that rezoning is not justified solely on the ground that it is necessary to put a particular tract to its most remunerative use.' Penner P. City of Green Forest, 302 Ark. 170, 788 S.W. 2d 727, 729 (1990). (emphasis addedf" Alderman Orientation memo of December 29, 2014. Never have I heard before from a rezoning applicant that his desire to not preserve, but to remove more trees from his properly justifies a rezoning. It may be ancient history to many of our current City Council members, but a controversial decision to help a developer avoid some of the tree ordinances free preservation requirements was one of the most important and decisive issues in the 2000 Fayetteville Mayor's race and maybe in a City Council Moments race. This issue even motivated acts of civil disobedience to try to save trees that the soon to be defeated mayor with some City Council support allowed to be removed. The City was even sued and paid hundreds of thousands of dollars to preserve hers in another part of town as part of a settlement agreement. It is surprising to me to me this same type of issue once again being asserted by a developer. CONCLUSION When summarizing state law and Arkansas Supreme Court decisions, I have advised the City Council for over a dozen years that probably "the most important factor and underlying reason to have zoning in the first place is to promote COMPATIBILITY among neighboring parcels" i have also provided this summary of legally sanctioned rezoning considerations. "SUMMARY OF CONSIDERATIONS FOR A REZONING REQUEST Factors that may be legally considered in rezoning issues: 1. Compatibility with adjacent zones (avoiding spot zoning) 2. Public opposition that is logical and reasonable 3. Traffic (safety and congestion) 4. Safety and Fire protection 5. Good civic design and efficiency 6. Adequacy of public facilities (sewage, water, streets) 7. Noise S. Litter 9. Decrease In value of adjoining land 10. Appropriate and best use of Land 11. City's need or lack of need for more land to be zoned as requested 12. 2030 Plan objectives" 3 Arkansas Legacy tried— Zoning Options a) 66 Pr' In a continuing effort to respond to expreyot corm regarding our proposed zoning change,we are midi ting to ,mot a variety of zoning options. Alternatives beard considered to that would remove the Downtown General zoning receptionist the potential acceptance it would set) Include; 1. Using RMF zoning designation, to create less tiersa development along the west boundary near Sunset Di and more Larry development along the east per ndery (nearTheta far i. Perhaps pull12along the west side, Ran18In the center, and retaining the vistil Pat 24 on the eastern side of the property. 2. Using Community Servicestonin§pLegory fd Rhe Sea west of the eeist ing LMF2L. ' 3. Using a Planned ZomgDRtrid JPZD) with an identified target density of 60 units for the entire canal and a SPM tree retention standard And the last alternative; 4. Continuing with the original proposal for Downtown General with the attached Bill of Assurance. To Smoss questions regarding parking, the following standards are established In City wide. Parking orm, emen6 will be addressed tlunng the 'Large Seale Oereelopmente process. Number of Bike rack Bossbp Moped Required Parking spaces Difference Bedrooms credit credit credit Parking In draft plan 132 .10% l(% -10% 91 113 ,22 Please remember ThaT�aiv board Is very expense lup W 51.4 moneran for streets and other infrastructure). Acertain density is Leetletl to make the development economically feasible. }Bea C:.1 Cit Clerk From: brianututcommunnybydeommIc cam Sent: Tuesday, August W. 3015156 PM Ta 6ityclerk SubjeM Arkansas Legacy Rezone The applicant requests to table tonights City Cotruml Agenda Item regarding the Arkansas Legacy Rosette to the August 18th City Council meeting. Thank you. Please let me know if you have questions or need further info. Brian Teague Community By Design 479-790-6775 1 C 1 4�Yllf rrA 5�";41y �" � + ks I J it- it i'Ir .c 'l� About Single Stream Collection http://wapo.st/116019X Washington Post Wall Street Journal article April 2015, "Big Cracks in Glass Recycling' National Public Radio did a story on single stream earlier this year. Susan Collins from the Container Recycling Institute was interviewed. Once an advocate for single stream, she now has evidence against it. National Recycling Coalition, February webinar, "Paper and Plastic Update" Webinars here . Resource Recycling magazine, June 6th, Waste Management CEO says about single stream, "We screwed up." Proponents say single stream Increases volume and perception. Partldparlon In whale An't the goal to Grace consumption and save natural resources. Single stream proponents also talk about worker safety Warren t you renter be standing 0 feet above one of Fore's recycling bins so you could see tat body d eped instead of being aworker an son Ilse win that dirty diaper TWO feel In front of face, as It pusses by on the assembly line. Bingle stream pmponeMs will All you tmhnolagy/the machines and improved and can take olifile contaminant. Lear to due Feb webinar. award Plastic we tells of haletling aamn lane leads from a large single stream MPF because the machines do not catch things as well as the human eye. Tryto visit a Mclliy unannounced_.Ooune years back group of us (from Favorable),were at a natural conference in Oelles. We went o see a single stream Al Bus diver got tat far TWO name Hmm_About ten s aierws finally entered Ne MHT, a garbage colleague nudged me and pointed to an ri wheeler pulling away from the facility asked if knew what was in L setl na. He seltl gaNgg6-Hp said es we pulled up Fesaw them finish leadingngitn and cloaa it upGo man nnannonnaea. ogeY- �uWr