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HomeMy WebLinkAbout2015-06-02 - Agendas - Archive Alderman Adella Gray Alderman Justin Tennant Ward 1 Position I Ward 3 Position I e �- Alderman Sarah Marsh u. Alderman Martin W. Schoppmeyer,Jr. Ward I Position 2 Ward 3 Position 2 Alderman Mark Kinion Alderman John La Tour Ward 2 Position l Ward 4 Position l Alderman Matthew Petty Alderman Alan T.Long Ward 2 Position 2 Ward 4 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra E. Smith City of Fayetteville Arkansas City Council Meeting June 2, 2015 A meeting of the Fayetteville City Council was held on June 2, 2015 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. 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. Approval of the May 19, 2015 City Council meeting minutes. APPROVED 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov 2. Bid 15-25 Evans Enterprises, Inc.: A resolution to award Bid #15-25 and authorize the purchase of two (2) pumps and motors for the Airport North Lift Station from Evans Enterprises, Inc. in the amount of$42,010.00 plus applicable sales taxes. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 103-15 3. 2015 Body-Worn Camera Pilot Implementation Program Matching Grant: A resolution to approve a multi-jurisdictional application by the City of Fayetteville, the City of Springdale and Washington County for a 2015 Body-Worn Camera Pilot Implementation Program matching grant in the amount of$133,000.00, with the matching portion paid by the City of Fayetteville in the amount of$51,000.00,the City of Springdale in the amount of$51,000.00 and Washington County in the amount of$31,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 104-15 4. Progressive Trail Design,LLC: A resolution to authorize a Professional Design Services Agreement with Progressive Trail Design,LLC for the preparation of the Kessler Mountain Trails Master Plan in an amount not to exceed $26,320.00, and to approve a project contingency in the amount of$2,632.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 105-15 B. Unfinished Business 1. RZN 15-4965 (South End of Rupple Rd./Rupple Road Extension Corridor): An ordinance rezoning that property described in Rezoning Petition RZN 15-4965, for approximately 642 acres, located at the southern end of Rupple Road from R-A, Residential-Agriculture; RSF-1, Residential Single Family One Unit per Acre; RSF-4, Residential Single Family Four Units per Acre; and RSF-8, Residential Single Family Eight Units per Acre to NC, Neighborhood Conservation; CS, Community Services, UT, Urban Thoroughfare; and R-A, Residential Agricultural. This ordinance was left on the First Reading at the May 19, 2015 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5775 2. RZN 15-5004 (South end of Pumpkin Ridge Dr./Falling Waters) Appeal: An ordinance rezoning that property described in Rezoning Petition RZN 15-5004, for approximately 17.37 acres, located south of Pumpkin Ridge Road from R-A, Residential- Agriculture to RSF-2, Residential Single Family, 2 Units per Acre. This ordinance was left on the First Reading at the May 19, 2015 City Council meeting. THIS ORDINANCE FAILED C. Public Hearing 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov 1. Jerome Lopez & Elizabeth Young and the Randall J. Wright Trust Condemnation and Possession: A resolution to authorize the City Attorney to seek condemnation and possession of certain lands owned by Jerome Lopez &Elizabeth Young and the Randall J. Wright Trust needed for the Highway 45 and Old Wire Road Intersection Improvement Project. THIS RESOLUTION WAS TABLED TO THE JUNE 16, 2015 CITY COUNCIL MEETING D. New Business 1. RZN 15-5044 (4065 E. HUNTSVILLE RD./THE 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-PZD 08-3071, Residential Planned Zoning District Bridgedale Plaza to RSF-7, Residential Single Family, 7 Units Per Acre, NS, Neighborhood Services, and CS, Community Services. THIS ORDINANCE WAS LEFT ON THE FIRST READING 2. VAC 15-5037(Harbor Isle&Zion Rds./Woodbury S/D) An ordinance to approve VAC 15-5037 submitted by Blew&Associates for property located at Harbor Isle and Zion Road to vacate portions of existing utility easements. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5776 3. Amend § 97.088 (B)(2)(b) and § 97.088 (d): An ordinance to amend Exhibit A, Donor Recognition Signs, and Exhibit B, Naming Park Facilities which are attached and a part of§ 97.088 (13)(2)(b) and § 97.088 (d) of the Fayetteville Code. THIS ORDINANCE WAS LEFT ON THE FIRST READING 4. Amend§174.07 Placing Signs on Public and Private Property: An ordinance to amend §174.07 Placing Signs on Public and Private Property by clarifying the placement of directional and wayfinding signs on public property and enacting a new Subsection (F) Trail/Trailhead Wayfinding Signs and Recognition Markers. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5777 Announcements City Council Agenda Session Presentations City Council Tour Adjournment: 8:53 p.m. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov City Council Meeting: June 2,2015 Adjourn: 5� Subject: Roll Schoppmeyer ✓ JLG La Tour /c Long Gray Marsh ✓ Kinion Petty Tennant c Mayor Jordan 'o Subject: Motion To: Motion By: Seconded: Schoppmeyer La Tour Long Gray Marsh Kinion Petty Tennant Mayor Jordan City Council Meeting: June 2,2015 Subject: Consent Motion To: n s-t ra v Motion By: Seconded: Schoppmeyer La Tour vee Long U Gray ei Marsh v rt�i1 Zr.e� Kinion r' 10'x'15 Petty �nrw 5 Tennant 4( 0 vote. �I rMayor Jordan r�p Subject: Motion To: Motion By: Seconded: Schoppmeyer La Tour Long Gray Marsh Kinion Petty Tennant Mayor Jordan City Council Meeting: June 2,2015 Subject: RZN 15-4965 (SOUTH END OF RUPPLE RD./RUPPLE ROAD EXTENSION CORRIDOR) Motion To: 0/ 3 f �` Motion By: , Seconded: J�1 , B. 1 Schoppmeyer ✓ ,,� Unfinished La Tour ✓ +i' ✓ Business Long ✓ c/ Gray 2/ palwd Marsh °r ✓® ✓ Kinion Petty `� ✓ Tennant 41U ✓ L r UtlXi ( " �5 Mayor Jordan $-0 Subject: RZN 15-5004 (SOUTH END OF PUMPKIN RIDGE DR./FALLING WATERS)APPEAL Motion To: n 3 rd D� Motion By: I Seconded: B 2 Schoppmeyer Unfinished La Tour �/ ✓ Business Long /✓ Gray ✓ ✓ ✓ -)aid Marsh ✓ ✓ Al Kinion N N Petty ✓ Al Tennant ✓ N Mayor Jordan a-6 1�9a:" City Council Meeting: June 2,2015 JEROME LOPEZ & ELIZABETH YOUNG AND THE RANDALL J. WRIGHT TRUST Subject: CONDEMNATION AND POSSESSION Motion To: JaVe .4-6 l4 aor Motion By: Seconded: C. 1 Schoppmeyer Public La Tour Hearing Long r/ Gray av i Marsh o Kinion ►/ ,JU40, /G� Petty au/$ Tennant Mayor Jordan O Subject: Motion To: Motion By: Seconded: Schoppmeyer La Tour Long Gray Marsh Kinion Petty Tennant Mayor Jordan City Council Meeting: June 2,2015 Subject: RZN 15-5044 (4065 E. HUNTSVILLE RD./THE PLAZA) Motion To: Motion By: Seconded: D. 1 Schoppmeyer New La Tour Business Long Gray Oil Marsh 4� J utak Kinion 1�2ad .n� Petty Tennant Mayor Jordan Subject: VAC 15-5037 (HABOR ISLE & ZION RDS./WOODBURY S/D) Motion To: a riot 3 /ua-c/ P-� Motion By: d G' Seconded: D 2 Schoppmeyer �/ ✓ New La Tour /� ✓ ✓ Business Long /✓ '� � A��� Gray ✓ `� +/ P --� Marsh �✓ '� Kinion ✓ ✓ Petty ✓ / v Tennant Mayor Jordan City Council Meeting: June 2,2015 Subject: AMEND § 97.088 (B)(2)(b) and § 97.088 (d) Motion To: Motion By: Seconded: D.3 Schoppmeyer New La Tour Business Long oo- Gray Marsh Kinion ng 0 Petty Tennant Mayor Jordan Subject: AMEND §174.07 PLACING SIGNS ON PUBLIC AND PRIVATE PROPERTY /grm" <1`^Q'" Ahs Ae&o^ Motion To: Pi At w2a resw— 3ry I;Z?a Motion By: Seconded: P h P ©n D. 4 Schoppmeyer °/ ✓ New La Tour Business Long Gray 1i' ✓ �'` Marsh ` v Kinion Petty Tennant !o~' Mayor Jordan City Council Meeting: Subject: 1.7g.o'H Motion To: (� Motion By: r Seconded: 0,4 Schoppmeyer La Tour ` Long / PGray r Marsh Kinion Petty Tennant Mayor Jordan Subject: Motion To: Motion By: Seconded: Schoppmeyer La Tour Long Gray Marsh Kinion Petty Tennant Mayor Jordan a SIL DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington Assistant City Attorney TO: Mayor Jordan Patti Mulford Paralegal THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attorney/` DATE: June 3,2015 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of June 2,2015 1. A resolution to award bid #15-25 and authorize the purchase of two (2) pumps and motors for the Airport North Lift Station from Evans Enterprises, Inc. in the amount of$42,010.00 plus applicable sales taxes. 2. A resolution to approve a multi-jurisdictional application by the City of Fayetteville, the City of Springdale and Washington County for a 2015 Body-Worn Camera Pilot Implementation Program matching grant in the amount of $133,000.00, with the matching portion paid by the City of Fayetteville in the amount of $51,000.00, the City of Springdale in the amount of $51,000.00 and Washington County in the amount of$31,000.00. 3. A resolution to authorize a Professional Design Services Agreement with Progressive Trail Design, LLC for the preparation of the Kessler Mountain Trails Master Plan in an amount not to exceed $26,320.00, and to approve a project contingency in the amount of$2,632.00. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 e Form-M Meeting Agenda - Final Agenda Tuesday, June 2, 2015 5:30 PM City Hall Room 219 City Council Meeting Adella Gray Ward 1 Sarah Marsh Ward 1 Mark Kinion Ward 2 Matthew Petty Ward 2 Justin Tennant Ward 3 Martin W. Schoppmeyer, Jr. Ward 3 John S. La Tour Ward 4 Alan Long Ward 4 ELECTED OFFICIALS: Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith City Council Meeting Meeting Agenda-Final Agenda June 2,2015 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: A. 1 2014-0504 APPROVAL OF THE MAY 19, 2015 CITY COUNCIL MEETING MINUTES. A. 2 2015-0245 BID#15-25 EVANS ENTERPRISES,INC. A RESOLUTION TO AWARD BID #15-25 AND AUTHORIZE THE PURCHASE OF TWO (2) PUMPS AND MOTORS FOR THE AIRPORT NORTH LIFT STATION FROM EVANS ENTERPRISES, INC. IN THE AMOUNT OF $42,010.00 PLUS APPLICABLE SALES TAXES Attachments: SRP- Bid 15-25- Lift Station 16 Pumps A. 3 2015-0246 2015 BODY-WORN CAMERA PILOT IMPLEMENTATION PROGRAM MATCHING GRANT A RESOLUTION TO APPROVE A MULTI-JURISDICTIONAL APPLICATION BY THE CITY OF FAYETTEVILLE, THE CITY OF SPRINGDALE AND WASHINGTON COUNTY FOR A 2015 BODY-WORN CAMERA PILOT IMPLEMENTATION PROGRAM MATCHING GRANT IN THE AMOUNT OF $133,000.00, WITH THE MATCHING PORTION PAID BY THE CITY OF FAYETTEVILLE IN THE AMOUNT OF $51,000.00, THE CITY OF SPRINGDALE IN THE AMOUNT OF $51,000.00 AND WASHINGTON COUNTY IN THE AMOUNT OF$31,000.00 Attachments: 2015-0246 BodV Worn Camera Grant City of Fayetteville,Arkansas Page 2 Printed on 512812015 City Council Meeting Meeting Agenda-Final Agenda June 2,2015 A. 4 2015-0253 PROGRESSIVE TRAIL DESIGN,LLC A RESOLUTION TO AUTHORIZE A PROFESSIONAL DESIGN SERVICES AGREEMENT WITH PROGRESSIVE TRAIL DESIGN, LLC FOR THE PREPARATION OF THE KESSLER MOUNTAIN TRAILS MASTER PLAN IN AN AMOUNT NOT TO EXCEED $26,320.00, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $2,632.00 Attachments: 2015-0253 Kessler Mtn Trails Master Plan Progressive Trail Design B. Unfinished Business: B. 1 2015-0228 RZN 15-4965(SOUTH END OF RUPPLE RD./RUPPLE ROAD EXTENSION CORRIDOR) AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-4965, FOR APPROXIMATELY 642 ACRES, LOCATED AT THE SOUTHERN END OF RUPPLE ROAD FROM R-A, RESIDENTIAL-AGRICULTURE; RSF-1, RESIDENTIAL SINGLE FAMILY ONE UNIT PER ACRE; RSF-4, RESIDENTIAL SINGLE FAMILY FOUR UNITS PER ACRE; AND RSF-8, RESIDENTIAL SINGLE FAMILY EIGHT UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION; CS, COMMUNITY SERVICES, UT, URBAN THOROUGHFARE; AND R-A, RESIDENTIAL AGRICULTURAL Attachments: Exhibit A South Rupple Road 15-4965 CC reports 051915 CC Mtq handout RZN 15-4965 S End of Rupple Road Legislative History 5/19/15 City Council Meeting left on first reading City of Fayetteville,Arkansas Page 3 Printed on 512812015 City Council Meeting Meeting Agenda-Final Agenda June 2,2015 B. 2 2015-0232 RZN 15-5004 (SOUTH END OF PUMPKIN RIDGE DR./FALLING WATERS)APPEAL AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5004, FOR APPROXIMATELY 17.37 ACRES, LOCATED SOUTH OF PUMPKIN RIDGE ROAD FROM R-A, RESIDENTIAL-AGRICULTURE TO RSF-2, RESIDENTIAL SINGLE FAMILY,2 UNITS PER ACRE Attachments: 15-5004 CC EX A& B 15-5004 Full Packet 051915 CC Mtq handout RZN 15-5004 S End of Pumpkin Ridge Dr Legislative History 5/19/15 City Council Meeting left on first reading C. Public Hearing: C. 1 2015-0250 JEROME LOPEZ& ELIZABETH YOUNG AND THE RANDALL J. WRIGHT TRUST CONDEMNATION AND POSSESSION A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY JEROME LOPEZ & ELIZABETH YOUNG AND THE RANDALL J. WRIGHT TRUST NEEDED FOR THE HIGHWAY 45 AND OLD WIRE ROAD INTERSECTION IMPROVEMENT PROJECT Attachments: 2015-0250 D. New Business: D. 1 2015-0249 RZN 15-5044 (4065 E.HUNTSVILLE RD./THE 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-PZD 08-3071, RESIDENTIAL PLANNED ZONING DISTRICT BRIDGEDALE PLAZA TO RSF-7, RESIDENTIAL SINGLE FAMILY, 7 UNITS PER ACRE, NS, NEIGHBORHOOD SERVICES, AND CS, COMMUNITY SERVICES Attachments: 15-5044 CC EX A& EX B 15-5044 CC reports City of Fayetteville,Arkansas Page 4 Printed on 512812015 City Council Meeting Meeting Agenda-Final Agenda June 2,2015 D. 2 2015-0248 VAC 15-5037(HARBOR ISLE & ZION RDSJWOODBURY S/D) AN ORDINANCE TO APPROVE VAC 15-5037 SUBMITTED BY BLEW & ASSOCIATES FOR PROPERTY LOCATED AT HARBOR ISLE AND ZION ROAD TO VACATE PORTIONS OF EXISTING UTILITY EASEMENTS Attachments: 15-5037 CC EX A& EX B 15-5037 CC reports D. 3 2015-0251 AMEND §97.088 (B)(2)(b)and§97.088(d) AN ORDINANCE TO AMEND EXHIBIT A, DONOR RECOGNITION SIGNS, AND EXHIBIT B, NAMING PARK FACILITIES WHICH ARE ATTACHED AND A PART OF § 97.088 (B)(2)(b) and § 97.088 (d) OF THE FAYETTEVILLE CODE Attachments: 2015-0251 Chapter 97 Ordinance Amendment D. 4 2015-0239 AMEND §174.07 PLACING SIGNS ON PUBLIC AND PRIVATE PROPERTY AN ORDINANCE TO AMEND §174.07PLACING SIGNS ON PUBLIC AND PRIVATE PROPERTY BY CLARIFYING THE PLACEMENT OF DIRECTIONAL AND WAYFINDING SIGNS ON PUBLIC PROPERTY AND ENACTING A NEW SUBSECTION (F) TRAILITRAILHEAD WAYFINDING SIGNS AND RECOGNITION MARKERS Attachments: Exhibit A Trail Wayfinding Signs Staff Report E. City Council Agenda Session Presentations: F. City Council Tour: G. Announcements: H. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE City of Fayetteville,Arkansas Page 5 Printed on 512812015 City Council Meeting Meeting Agenda-Final Agenda June 2,2015 All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant(city contractor, rezoning or development applicant, etc.)may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos,petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting.Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided,this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. City of Fayetteville,Arkansas Page 6 Printed on 512812015 City Council Meeting Meeting Agenda-Final Agenda June 2,2015 Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas. City of Fayetteville,Arkansas Page 7 Printed on 512812015 City Council Meeting Minutes May 19,2015 Page 1 of 10 Alderman Adella Gray Alderman Justin Tennant Ward I Position 1 0 � Ward 3 Position 1 Alderman Sarah Marsh a. Alderman Martin W. Schoppmeyer,Jr. Ward I Position 2 Ward 3 Position 2 Alderman Mark Kinion =- Alderman John La Tour Ward 2 Position I Ward 4 Position 1 Alderman Matthew Petty Alderman Alan T.Long Ward 2 Position 2 Ward 4 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra E. Smith City of Fayetteville Arkansas City Council Meeting May 19, 2015 A meeting of the Fayetteville City Council was held on May 19, 2015 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Alderman Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Justin Tennant, Martin Schoppmeyer, Alan Long, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. ABSENT: Alderman John La Tour Pledge of Allegiance: Mayor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports and Discussion Items: None Agenda Additions: None Consent: Approval of the May 5, 2015 City Council meeting minutes. Approved 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 19,2015 Page 2 of 10 Rainmaker Sales, Inc.: A resolution to authorize the purchase of an expansion poly trailer from Rainmaker Sales, Inc. of Shawnee, Oklahoma in the amount of$6,000.00 plus applicable sales taxes for use by the Water and Sewer Operations Division, and to approve a budget adjustment. Resolution 102-15 as recorded in the office of the City Clerk Alderman Marsh moved to accept the Consent Agenda as read. Alderman Tennant seconded the motion. Upon roll call the motion passed 7-0. Alderman La Tour was absent. Unfinished Business: None New Business: RZN 15-5033 (232 W. Ash St./Koutroumbis): An ordinance rezoning that property described in Rezoning Petition RZN 15-5033, for approximately 0.30 acres, located at 232 W. Ash Street from RSF-4, Residential Single Family, 4 units per acre to RMF-12, Residential Multi Family, 12 units per acre. City Attorney Kit Williams read the ordinance. Jeremy Pate,Director of Development Services gave a brief description of the ordinance. Staff is recommending approval. Planning Commission voted 6-0 in favor of the request. Taylor Koutroumbis,Applicant: We have a 0.30 acre lot.It's about one lot off of Gregg Avenue. There is an old house that is at the very front of the lot that we recently remodeled. In the back of it is an open large lot. We would like to take this new zoning of RMF-l2 and build a duplex in the back of that lot and then bring in a driveway off of our apartment building on Gregg Avenue to access it. Alderman Petty: Is this plan to build a duplex any different than the plan you had before? Applicant: The plan before was to build a triplex. After we talked with a contractor and looked at the lot again, it seemed a duplex would fit better. Alderman Marsh: I'm glad you brought this back. I think this is a much more appropriate scale for development in this area. It will make a nice transition between the two zones. I intend to support it. Alderman Petty moved to suspend the rules and go to the second reading. Alderman Long seconded the motion. Upon roll call the motion passed 7-0. Alderman La Tour was absent. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 19,2015 Page 3 of 10 Alderman Gray moved to suspend the rules and go to the third and final reading. Alderman Marsh seconded the motion. Upon roll call the motion passed 7-0. Alderman La Tour was absent. City Attorney Kit Williams read the ordinance. Alderman Kinion: There has been some voiced concerns by neighbors worrying about the encroachment of multi-family into an established single family neighborhood. Because of that concern I can't support this. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-1. Alderman Kinion voting no. Alderman La Tour was absent. Ordinance 5770 as Recorded in the office of the City Clerk VAC 15-5020 (2288 N. Hidden Creek Dr./Kennedy): An ordinance approving VAC 15-5020 submitted by Jeremy Kennedy for property located at 2288 N. Hidden Creek Drive to vacate a portion of an existing utility easement. City Attorney Kit Williams read the ordinance. Jeremy Pate,Director of Development Services gave a brief description of the ordinance. Staff is recommending approval. Planning Commission voted 7-0 in favor of the request. Alderman Marsh moved to suspend the rules and go to the second reading. Alderman Gray seconded the motion. Upon roll call the motion passed 7-0. Alderman La Tour was absent. City Attorney Kit Williams read the ordinance. Alderman Marsh moved to suspend the rules and go to the third and final reading. Alderman Long seconded the motion. Upon roll call the motion passed 7-0. Alderman La Tour was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman Kinion voting no. Alderman La Tour was absent. Ordinance 5771 as Recorded in the office of the City Clerk RZN 15-4965 (South End of Rupple Rd./Rupple Road Extension Corridor): An ordinance rezoning that property described in Rezoning Petition RZN 15-4965, for approximately 642 acres, located at the southern end of Rupple Road from R-A,Residential-Agriculture;RSF-1,Residential Single Family one unit per acre; RSF-4, Residential Single Family four units per acre; and RSF-8, 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 19,2015 Page 4 of 10 Residential Single Family eight units per acre to NC, Neighborhood Conservation; CS, Community Services, UT, Urban Thoroughfare; and R-A, Residential Agricultural. City Attorney Kit Williams read the ordinance. Jeremy Pate,Director of Development Services gave a brief description of the ordinance. Staff is recommending approval. He stated on April 27, 2015 the Planning Commission voted to forward this item 7-0 in favor of staff's proposed rezoning. There were some special considerations they would like for City Council to consider. They would like for them to consider the environmentally sensitive areas discussed at the Planning Commission meetings. Also, the possibility of either a future land use plan amendment to recognize sensitive habitat areas and/or a policy discussion to accept parkland dedication instead of money for preservation of sensitive wet prairie habitat as this property develops. One commissioner recommends the City Council to consider adopting an ordinance for conservation subdivision development patterns in this area. Staff is recommending leaving the item on the First Reading to allow public consumption of the information. Charlie Sloan, Property Owner stated he owns a part of this property and gave a brief history of the property. He stated he hopes to see a neighborhood park and trail go in and that would be the green space reserved for the public. He would like the creek to be left alone. He stated it is not classified as a wetland. Aaron Writh,Cobblestone Homes stated he has the property in the northeast corner under contract and spoke in support of the zoning. Chelsea Frost,2148 East Frazier Terrace stated her wildlife conservation concerns and requested the item to be held until after the Environmental Action Committee meets. This ordinance was left on the First Reading. RZN 15-5004 (South End of Pumpkin Ridge Dr./Falling Waters) Appeal: An ordinance rezoning that property described in Rezoning Petition RZN 15-5004, for approximately 17.37 acres, located south of Pumpkin Ridge Road from R-A, Residential-Agriculture to RSF-2, Residential Single Family, 2 units per acre. City Attorney Kit Williams read the ordinance. Jeremy Pate, Director of Development Services gave a brief description of the ordinance. He stated this is an appeal of a Planning Commission recommended action. Staff is recommending against the rezoning due to infrastructure concerns. Planning Commission voted 8-1 against rezoning. Robert Rhoads, Attorney for Property Owners Clay Carlton and Mike Lambreth: The PZD that was approved in 2005 was unanimous. That was for 137 acres and around 254 lots. There was no water or sewer there and when the PZD was approved they partnered up with two or three other people and put in $2.5 million to bring water and sewer underneath the river and 6,300 feet of line 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 19,2015 Page 5 of 10 to get it to the site. $850,000.00 was their share of that. Because of the downturn in the economy they couldn't financially continue on with the project. The work they did along with their partners is now currently being enjoyed by the folks in that part of town. They could not build, their PZD expired and they paid $1.5 million in interest over the last ten years. They have a sizable investment in this piece of property. When developers in our city go to the effort financially to try to build something this City Council and Planning Commission at the time salutes, then city leaders need to consider the right thing to do even though ten years has transpired. What they are proposing is pretty much exactly what that PZD was except, it is not 137 acres,it is 17 acres. They are asking for two lots per acre. They are asking for 30 homes not 34. They can't financially make R-A work. They would be considerate during the construction phase to make it less problematic to neighbors. Drainage will not be a problem because the developers have an agreement with Stonebridge Meadows,who is the largest landowner. The water will drain into the golf course retention ponds, which is what the course uses to water their greens and fairways. The rest of the water drains off across Goff Road into a small lake. The owners plan to adhere to the Hillside Ordinance and their proposed covenants will be even stricter as far as tree preservation. Mr. Rhoads spoke about the 2030 City Plan and staff's recommendation to keep it zoned R-A. He stated the surrounding area has subdivisions and are twice the density that is being asked for by the Buffington Home property owners. He stated he believes there is adequate infrastructure and services in the area to support the project. Alderman Marsh: Is the only exit down Cherry Hills and Pumpkin Ridge Drive? Robert Rhoads: For the 17 acres first stage, yes. Alderman Marsh: When the Rodgers Drive road collapsed that was a big issue as far as public safety and getting in and out of the neighborhood. It gives me a lot of concerns about any type of residential area with one point of ingress and egress. Jay Ray, 2050 South Cherry Hills Drive stated water drainage and traffic are his main concerns. Tom Steven, 3803 East River Bluff Cove stated he didn't know why the only entrance to this subdivision had to be through Stonebridge. He stated the owner could make the entrance off of Dead Horse Mountain. Wanda Altman, Cherry Hills Drive stated she is concerned about the environmental impact and urban sprawl. She stated Fayetteville's natural beauty, green spaces, mountains and trees are at stake and should be protected by the 2030 City Plan. She spoke in opposition of the ordinance. Larry Altman, Cherry Hills Drive stated the City of Fayetteville does not need another 35 houses built on a pristine mountainside. He stated examples of places where the mountainside has been stripped and homes have been built. He stated there are serious drainage problems in Stonebridge Meadows. He believes drainage from the new development will increase the drainage problems. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 19,2015 Page 6 of 10 He stated the reason the City Council rezoned this property back to R-A in 2011 was because it fell in line with the City Plan 2030. He voiced his concern about one entrance to the proposed development. He spoke in opposition of the ordinance. Alderman Long: I have the minutes from the 2011 City Council meeting. When City Council talked about why to rezone it back to R-A, Jeremy thought it would be most appropriate to go back to the previous zoning. Was there a discussion of what was most appropriate for the property? Jeremy Pate: The minutes don't reflect a lot of discussion. The staff report lays out the recommendation. In looking at the staff report it makes the case for the infrastructure issues that we had discussed. Alderman Long: So, it was just going back to the previous zoning at the same time? Jeremy Pate: Yes, it went back to the previous zoning. Richard Hovey, 1262 South River Meadows Drive voiced his concerns about traffic in the area. He spoke in opposition of the ordinance. Gregory Carter, Cherry Hills Drive voiced his concern about traffic coming down Cherry Hills Drive. He requested City Council to view the property. He spoke in opposition of the ordinance. Sue Garland, River Meadows Drive voiced concerns about additional traffic coming through her subdivision and traveling across a small historic bridge. She spoke in opposition of the ordinance. Tom Luetkemeyer, Cherry Hills Drive voiced his concerns about traffic in the area, the one entrance, and the retention ponds. He requested City Council to view the property. He spoke in opposition of the ordinance. Sam Divinia, Cherry Hills Drive stated Cherry Hills Drive is not a thoroughfare and can't handle the additional traffic. He spoke in opposition of the ordinance. Karen Mathes, SpyGlass Hill requested the City Council to view the property after a hard rain. She stated she wanted the property to remain R-A. She spoke in opposition of the ordinance. Greg Zeck,Oakmont Drive stated he would like for City Council to consider the environment. He spoke in opposition of the ordinance. Alderman Long: I would like to hold it. Alderman Tennant: We have been invited to tour it. Don Marr, Chief of Staff. The City Council sets up tours at Agenda Session. This ordinance was left on the First Reading. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 19,2015 Page 7 of 10 Amendment of the Master Street Plan: A resolution to amend the Master Street Plan by removing a bridge connection on Raven Lane over Clabber Creek south of Crystal Springs Phase III. Jeremy Pate,Director of Development Services stated the applicant requested to table the item to June 16, 2015. Alderman Petty moved to table the resolution to the June 16, 2015 City Council meeting. Alderman Marsh seconded the motion. Upon roll call the motion passed 7-0. Alderman La Tour was absent. This resolution was Tabled to the June 16, 2015 City Council meeting. Amend §162.01 (B)(2) to Add "Landscape Contracting Business": An ordinance amending Unified Development Code §162.01 (13)(2) to add "Landscape Contracting Business" as a use allowed by conditional use permit in all zoning districts. City Attorney Kit Williams read the ordinance. Jeremy Pate, Director of Development Services gave a brief description of the ordinance. He stated he spoke with Alderman Tennant and thanked him for his support. Staff believes this is a good amendment for City Code and recommends approval. Alderman Tennant: When this was brought to my attention I was surprised that we didn't already have it this way. I feel it levels the playing field. It doesn't give any advantage because you still have to go before the Planning Commission. This helps local businesses. Alderman Long moved to suspend the rules and go to the second reading. Alderman Marsh seconded the motion. Upon roll call the motion passed 7-0. Alderman La Tour was absent. City Attorney Kit Williams read the ordinance. Alderman Tennant moved to suspend the rules and go to the third and final reading. Alderman Long seconded the motion. Upon roll call the motion passed 7-0. Alderman La Tour was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman La Tour was absent. Ordinance 5772 as Recorded in the office of the City Clerk 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 19,2015 Page 8 of 10 Amend §167.04 (J)(3) Off-Site Forestation: An ordinance to amend §167.04 (J)(3) Off-Site Forestation to authorize the City Council to allow forestation within a nearby city park if determined by the City Council to be in the best interests of our citizens. City Attorney Kit Williams read the ordinance. Derek Linn, Urban Forester gave a brief description of the ordinance. Staff is recommending approval. City Attorney Kit Williams: Thank you to the Urban Forestry Department. A situation occurred where there was a large number of mitigation trees a developer needed to plant. He could have put them altogether, in a small piece of land he owned right by the neighborhood, but he is very close to another city park that needs some trees. Parks & Recreation staff and I thought it would make sense that if a developer would agree to plant and maintain trees in a city park that needs them then we should have the option for the City Council to be able to agree to that. Alderman Gray moved to suspend the rules and go to the second reading. Alderman Marsh seconded the motion. Upon roll call the motion passed 7-0. Alderman La Tour was absent. City Attorney Kit Williams read the ordinance. Alderman Marsh: Is there a reason we are limiting this to city parks and not including street right-of-ways? City Attorney Kit Williams: There is already requirements for street trees with new developments. Jeremy Pate: Our landscape ordinance requires street trees to be planted with at least one per lot for residential developments along all the public streets. Alderman Marsh: I'm thinking in terms of these being mitigation trees. If we needed to put a whole bunch of new street trees along some area where we have been needing to add some trees, this seems like a good opportunity to make that happen. City Attorney Kit Williams: I did not present that to the Urban Forestry Department. I don't have any problems with that if you would want that to be an option. With infilling street trees I don't know if irrigation is going to be feasible, where it would be in the park. A discussion followed about the planting of trees in designated locations that could benefit the area. Don Marr, Chief of Staff: If Council is going to amend it, go ahead and amend tonight. I don't see a downside to it since it has to have City Council approval to be planted in these other locations. You will have control whether they are allowed or not. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 19,2015 Page 9 of 10 Alderman Marsh moved to Amend Section B of the ordinance to add "or public right-of- way". Alderman Petty seconded the motion. Upon roll call the motion to amend passed 6-0. Alderman Schoppmeyer was absent during the vote. Alderman La Tour was absent. Alderman Long moved to suspend the rules and go to the third and final reading. Alderman Marsh seconded the motion. Upon roll call the motion passed 7-0. Alderman La Tour was absent. City Attorney Kit Williams read the ordinance. Alderman Petty: Thank you to Alderman Marsh for her foresight. We don't often realize it, but our streets make up more than half of the public space available in the city. We tend to think of them as travel ways for vehicles. It is appropriate for us to think of them as front yards, parks or places to do business. We need to rethink the way we frame streets and trees are a big part of that. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman La Tour was absent. Ordinance 5773 as Recorded in the office of the City Clerk Amend Article IX Telecommunications Board: An ordinance to amend Article IX Telecommunications Board of the Code of Fayetteville to conform to changes in state law and to clarify definitions and duties of the board. City Attorney Kit Williams read the ordinance. Lindsley Smith, Communication Director gave a brief description of the ordinance. Staff is recommending approval. Alderman Marsh moved to suspend the rules and go to the second reading. Alderman Gray seconded the motion. Upon roll call the motion passed 7-0. Alderman La Tour was absent. City Attorney Kit Williams read the ordinance. Alderman Gray moved to suspend the rules and go to the third and final reading. Alderman Marsh seconded the motion. Upon roll call the motion passed 7-0. Alderman La Tour was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman La Tour was absent. Ordinance 5774 as Recorded in the office of the City Clerk Announcements: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 19,2015 Page 10 of 10 Don Marr,Chief of Staff: City offices will be closed on Monday,May 25,2015 for the Memorial Day holiday. On Thursday, May 21, 2015 the Parks & Recreation Department is holding a public hearing for the 2016 Outdoor Recreational Grant program. They will be taking feedback from citizens regarding needs for our parks and outdoor areas. It will be at 5:30 p.m. at Lifestyles Incorporated at 2590 West Sycamore Street. City Attorney Kit Williams thanked Lindsley Smith, Communication Director for her service to the City of Fayetteville and wished her well with her retirement. Lindsley Smith, Communication Director: Thank you very much. You all are wonderful public servants and thank you for all that you do. Mayor Jordan, Don Marr and Sondra Smith all stated they would miss her very much. Don Marr: This week at Vandergrift Elementary School will be the Charlie Brown Book Sale. The proceeds will benefit the Fayetteville Animal Shelter. It is the largest fundraiser for our animal shelter. The community donates 13,000 to 15,000 books to this amazing event and raised over $22,000 for the shelter in the last sale. Alderman Long: Due to the holiday we will not be having a Ward 4 meeting on May 25, 2015. City Council Aaenda Session Presentations: Agenda Session Presentation - CI-12M Annual Report. Billy Ammons City Council Tour: None Adiournment: 7:27 p.m. Lioneld Jordan, Mayor Sondra E. Smith, City Clerk Treasurer 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov JORGENSEN & ASSOCIATES CIVIL ENGINEERS SURVEYORS 124 WEST SUNSRIDGE,SUITE 5 ° FAYETTEVILLE,ARKANSAS 72703 (479)442-9127 ° FAX(479)582-4807 DAVID L.JORGENSEN,P.E.,P.L.S. June 2,2015 City of Fayetteville—City Council 113 W. Mountain Street Fayetteville,AR 72701 RE: FALLING WATERS Dear Council Members, This correspondence is to clarify that the improvements associated with the Falling Waters Subdivision development will meet or exceed the regulations set forth by the City of Fayetteville Drainage Criteria Manual(dated July 1,2014). Post Development flows will not exceed Pre-development flows and each of the minimum standards outlined in the manual will be met. If you have any questions or concerns,please contact us. Sincerely, David L. Jorgensen, PE, PLS °STRUCTURAL DESIGN°LAND DEVELOPMENT,WATER SYSTEMS,WASTEWATER SYSTEMS'LAND SURVEYING' Branson, Lisa From: CityClerk Sent: Tuesday,June 02, 2015 9:38 AM To: Alan Long (Longward4@gmail.com); Pennington, Blake; citycouncil@matthewpetty.org; Marr, Don; McCoy, Dee; Eads, Gail; Roberts, Gina;Johnson, Kimberly;Williams, Kit; Branson, Lisa; Broyles, Lana; Jordan, Lioneld; Smith, Lindsley; Smith, Sondra; Gray, Adella; Marsh, Sarah; Kinion, Mark;Tennant,Justin; Schoppmeyer, Martin; La Tour, John; Long, Alan Cc: Pate,Jeremy Subject: FW: Photos of Falling Waters property Attachments: 20150601_131001jpg; 20150601_131007.jpg; 20150601_131103jpg The attached and below photos are from citizens related to the Falling Waters rezoning item on Unfinished Business tonight. Will you please make sure the City Council has these for consideration, either digitally or printed? I let them know that the Rules of Order and Procedure prohibit any electronic presentations, but that we would distribute these so they could refer to them in the public comment period. Thank you, Jeremy Stonebridge Meadows Resident 1