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Home My WebLink About2011-06-21 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye e�lle Ward 1 Position 2—Brenda Boudreaux City Attorney Kit Williams Ward 2 Position 1 —Mark Kinwn Ward 2 Position 2—Matthew Petry City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting June 21, 2011 A meeting of the Fayetteville City Council will be held on June 21, 2011 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. Historic District Commission Appointment: Approved Appointed by the Mayor and approved by the City Council. 2. Nominating Committee Report: Approved Agenda Additions: A. Consent: 1. Approval of the June 7, 2011 City Council meeting minutes. Approved 2. Bid #11-31 Shipley Motor Equipment of Lowell: A resolution awarding Bid #11-31 and authorizing a contract with Shipley Motor Equipment of Lowell, Arkansas in the amount of $453,279.08 for the purchase of two (2) Mack LEU613 Trucks with Wayne Titan 40 FEL bodies for use by the Solid Waste Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 94-11 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Bid #11-36 MHC Kenworth/Volvo of Springdale: A resolution awarding Bid #11-36 and authorizing a contract with MHC KenwortWVolvo of Springdale in the amount of $103,855.16 for the purchase of a T800 semi truck tractor for use by the Water and Sewer Department. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 95-11 4. Wal-Mart Foundation and Wal-Mart #5737 Donation Revenue: A resolution approving a budget adjustment in the amount of$2,000.00 representing donation revenue from the Wal-Mart Foundation and Wal-Mart #5737 to the Fayetteville Fire Department for the purchase of life vests. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 96-11 5. Arkansas Water and Wastewater Agency Response Network: A resolution approving a water and wastewater mutual aid agreement though the Arkansas Water and Wastewater Agency Response Network, and assigning the Utilities Director as the authorized official. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 97-11 6. 2011 Community Development Block Grant: A resolution approving a budget adjustment in the amount of $91,911.00 to recognize the actual amount of the 2011 Community Development Block Grant award. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 98-11 7. Friendship Community Care, Inc.: A resolution to approve a lease agreement of about 2.2 acres with Friendship Community Care, Inc. to serve developmentally disabled Fayetteville citizens. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 99-11 8. 2011 Bulletproof Vest Partnership Program: A resolution authorizing application for a 2011 Bulletproof Vest Partnership Program fifty percent (50%) matching grant in the amount of $9,100.00 for replacement of fifteen (15) body armor vests for the Police Department. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 100-11 9. City Hospital Board of Trustees: A resolution to appoint Conrad Odom and Hershey Garner to the City Hospital Board of Trustees also known as the Board of Control of the Stone Hospital. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 101-11 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 10. Plante & Moran, PLLC: A resolution approving a contract with Plante & Moran, PLLC in the amount of $185,000.00, plus a project contingency of $20,000.00, for the provision of information technology project implementation and management services, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 102-11 11. Gila, LLC DBA Municipal Services Bureau: A resolution authorizing a contract with Gila, LLC DBA Municipal Services Bureau for account collection services at a payment rate of forty percent (40%) of amounts collected. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 103-11 B. Unfinished Business: 1. None C. New Business: 1. Federal Emergency Management Agency (FEMA): A resolution authorizing application for and acceptance of a federal disaster grant from the Federal Emergency Management Agency (FEMA) related to Spring 2011 flood damage, and approving a budget adjustment in the amount of$1,000,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 104-11 2. Amend Resolution 226-10: A resolution amending Resolution No. 226-10 approving the Transportation Division overlay/sidewalk projects list for 2011 by reducing overlay/sidewalk projects to provide for drainage maintenance, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 105-11 3. Motorola, Inc.: A resolution approving a change order for Phase II of the radio project with Motorola, Inc. in the total amount of $614,093.00, with $237,746.00 funded from the project contingency, $286,000.00 from the street fund, $49,901.00 from police impact fees and $40,446.00 from fire impact fees, and approving a budget adjustment in the amount of$286,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 106-11 4. City Plan 2030: A resolution approving and adopting City Plan 2030 and the future land use map as the comprehensive land use plan. TABLED TO JULY 5, 2011 CITY COUNCIL MEETING. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 5. Revised Master Street Plan: A resolution approving and adopting a revised Master Street Plan and street cross-sections. TABLED TO JULY 5, 2011 CITY COUNCIL MEETING. 6. RZN 11-3804 (Northwest Corner of Mountain Street and College Avenue/East Square Development): An ordinance revoking C-PZD 05-1610 (East Square Development) and rezoning that property described in rezoning petition RZN 11-3804, for approximately 1.01 acres, located at the northwest corner of Mountain Street and College Avenue, from C-PZD, Commercial Planned Zoning District 05-1610, to DC, Downtown Core. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5414 7. RZN 11-3805 (East of Dead Horse Mountain Road/ Falling Waters): An ordinance revoking R-PZD 05-1635 (Falling Waters) and rezoning that property described in rezoning petition RZN 11-3805, for approximately 136.70 acres, located east of Dead Horse Mountain Road, from R-PZD, Residential Planned Zoning District 05-1635, to R- A, Residential Agricultural. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5415 8. RZN 11-3806 (South of Zion Road and East of Taliesin Lane/Woodbury): An ordinance revoking R-PZD 06-2190 (Woodbury) rezoning that property described in rezoning petition RZN 11-3806, for approximately 9.26 acres, located south of Zion Road and east of Taliesin Lane, from R-PZD, Residential Planned Zoning District 06- 2190, to NC, Neighborhood Conservation. THIS ITEM WAS LEFT ON THE SECOND READING. 9. RZN 11-3807 (Southwest Corner of Razorback Road and 15th Street/Champion Club Condos): An ordinance revoking R-PZD 07-2551 (Champions Club Condos) and rezoning that property described in rezoning petition RZN 11-3807, for approximately 4.42 acres, located at the southwest corner of Razorback Road and 15th Street, east of the Crowne Apartments, from R-PZD, Residential Planned Zoning District 07-2551, to UT, Urban Thoroughfare. THIS ITEM WAS LEFT ON THE SECOND READING. 10. RZN 11-3835 (3710 West Martin Luther King Boulevard/Zaifi): An ordinance rezoning that property described in rezoning petition RZN 11-3835, for approximately 1.20 acres, located at 3710 West Martin Luther King Boulevard from C-1, Neighborhood Commercial to CS, Community Services. THIS ITEM WAS LEFT ON THE SECOND READING. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 11. Appeal RZN 11-3831 (209 W. Martin Luther King Blvd.): An ordinance rezoning that property described in rezoning petition RZN 11-3831, for approximately 2.64 acres located at 209 West Martin Luther King Boulevard from RMF-24, Residential Multi- Family, 24 units per acre to C-1, Neighborhood Commercial. THIS ITEM WAS LEFT ON THE FIRST READING. City Council Tour: Monday, June 20, 2011 at 4:30 p.m. The Council will tour the Fayetteville Television Center Announcements: Adjournment: 9:20 p.m. NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 i City Council Meeting: June 21,2011 Adjourn: i PQM' Subject: Roll Tennant Ferrell Adams Lewis Gray Boudreaux ° Kinion t/ Petty Mayor Jordan Subject: Motion To: Motion By: Seconded: Tennant Ferrell Adams Lewis Gray Boudreaux Kinion Petty Mayor Jordan City Council Meeting: June 21,2011 Subject: Nominating Committee Report n Motion To: Motion By: Seconded: i Tennant Ferrell A Adams v Lewis Pte_ Gray Boudreaux 1/ 1Cinion Petty r� Mayor Jordan 7 Subject: Motion To: Motion By: Seconded: Tennant Ferrell Adams Lewis Gray Boudreaux Kinion Petty Mayor Jordan City Council Meeting: June 21,2011 Subject: Consent Motion To: Motion By: Seconded: jL Tennant ✓ Ferrell Wt 1 Hato Adams i/ Lewis Gray PQM Boudreaux _ ) I Kinion f Petty ✓ Mayor Jordan 12-0 // p� Subject: Historic District Commission A ''6 Appointment VOf 6n UJ ` NOVYI'rl f I !Seconded: otion To: ,01, otion By: Tennant Ferrell akMJ- Adams Lewis Gray Boudreaux Kinion Petty Mayor Jordan City Council Meeting: June 21,2011 Subject: Federal Emergency Management Agency (FEMA) Motion To: Motion By: j S Seconded: C. 1 Tennant New Ferrell atseid Business Adams ✓ Lewis ✓ Gray Vol Boudreaux Vol Kinion ✓ Petty `1 Mayor Jordan '7"f1 Subject: Amend Resolution 226-10 Motion To: Q+ � Motion By: k-'i fli3O - Seconded: C 2 Tennant ,✓ New Ferrell ] Business Adams Lewis ✓ Gray ✓ Boudreaux OI I Kinion ✓ 1 Petty Mayor Jordan 7-0 City Council Meeting: June 21,2011 Subject: Motorola,Inc Motion To: Motion By: Seconded: C. 3 Tennant yr New Ferrell 5 Business Adams Lewis f Gray ✓ Boudreaux ✓ Kinion ✓ _ I I Petty Mayor Jordan Subject: City Plan 2030 Motion To: p Motion By: Seconded: C. 4 Tennant New Ferrell Business Adams Lewis Gray 5' Boudreaux ;! Kinion f Petty Mayor Jordan 7'� City Council Meeting: June 21,2011 Subject: Revised Master Street Plan Motion To: 7a& L'i CfMotion By: Seconded: C. 5 Tennant Vr New Ferrell Business Adams ✓ par Lewis Vol' Gray ✓ Boudreaux eek Kinion ' 0 Petty Mayor Jordan -7-o RZN 11-3804 (Northwest Corner of Mountain Street and College Avenue/East Square Subject: Development) Motion To: Ikr\ Motion By: B&K"dJJ-ft Seconded: i C. 6 Tennant V"" New Ferrell Sea Business Adams W � . Lewis Gray Boudreaux Kinion ►� es y Petty ✓� Mayor Jordan City Council Meeting: June 21,2011 Subject: RZN 11-3805 (East of Dead Horse Mountain Road/Falling Waters) Motion To: \d Fjo Motion By: Seconded: -YN, C 7 Tennant f New Ferrell t Business Adams Lewis r Gray ✓ ✓✓ t Boudreaux wa 1�� Kinion 6 4 1 Petty Mayor Jordan 7—D Subject: RZN 11-3806 (South of Zion Road and East of Taliesin Lane/Woodbury) Motion To: Motion By: Seconded: C 8 Tennant New Ferrell Business Adams n Lewis � Gray ✓ a Boudreaux ✓ Kinion ✓ Petty r/ Mayor Jordan City Council Meeting: June 21,2011 Subject: RZN 11-3807(Southwest Corner of Razorback Road and 15th Street/Champion Club Condos) Motion To: n Motion By: Seconded: C. 9 Tennant New Ferrell Business Adams Lewis ✓ Gray Boudreaux SRC�r Kinion �✓ C&(N&- Petty ✓ Mayor Jordan Subject: RZN 11-3835 (3710 West Martin Luther King Boulevard/Zaire Motion To: A W 961 Motion By: Seconded: P C. 10 Tennant New Ferrell Business Adams t✓ Lewis ✓ Gray ✓ Boudreaux ✓ Kinion �✓ p Petty �✓ Mayor Jordan 7-0 City Council Meeting: June 21,2011 Subject: Appeal RZN 11-3831 (209 W. Martin Luther King Blvd.) Motion To: Motion By: Seconded: C. 11 Tennant New Ferrell Business Adams Lewis D1" Gray k 2V� Boudreaux ` IAInA , Kinion a Petty Mayor Jordan Subject: Motion To: Motion By: Seconded: Tennant Ferrell Adams Lewis Gray Boudreaux Kinion Petty Mayor Jordan ayeteUa Departmental Correspondence S LEGAL • • DEPARTMENT Kit Williams TO: Mayor Jordan CityAttorney Jason B.Kelley THRU: Sondra Smith, City Clerk Assistant Cily Attorney FROM: Kit Williams, City Attorney �^ DATE: June 22, 2011 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of June 21, 2011 1. Bid #11-31 Shipley Motor Equipment of Lowell: A resolution awarding Bid #11-31 and authorizing a contract with Shipley Motor Equipment of Lowell, Arkansas in the amount of $453,279.08 for the purchase of two Mack LEU613 trucks with Wayne Titan 40 FEL bodies for use by the Solid Waste Division. 2. Bid #11-36 MHC KenworthNolvo of Springdale: A resolution awarding Bid #11-36 and authorizing a contract with MHC KenworthNolvo of Springdale in the amount of $103,855.16 for the purchase of a T800 Semi Truck Tractor for use by the Water and Sewer Department. 3. Wal-Mart Foundation and Wal-Mart #5737 Donation Revenue: A resolution approving a budget adjustment in the amount of$2,000.00 representing donation revenue from the Wal-Mart Foundation and Wal-Mart #5737to the Fayetteville Fire Department for the purchase of life vests. 4. Arkansas Water and Wastewater Agency Response Network: A resolution approving a Water and Wastewater Mutual Aid Agreement through the Arkansas Water and Wastewater Agency Response Network, and assigning the Utilities Director as the authorized official. 5. 2011 CDBG: A resolution approving a budget adjustment in the amount of $91,911.00 to recognize the actual amount of the 2011 Community Development Block Grant award. 6. Friendship Community Care, Inc.: A resolution to approve a lease agreement of about 2.2 acres with Friendship Community Care, Inc. to serve developmentally disabled Fayetteville citizens. 7. 2011 Bulletproof Vest Partnership Program: A resolution authorizing application for a 2011 Bulletproof Vest Partnership Program 50% matching grant in the amount of$9,100.00 for replacement of 15 body armor vests for the Police Department. 8. City Hospital Board of Trustees: A resolution to appoint Conrad Odom and Hershey Garner to the City Hospital Board of Trustees also known as the Board of Control of the Stone Hospital. 9. Plante & Moran, PLLC: A resolution approving a contract with Plante & Moran, PLLC in the amount of $185,000.00, plus a project contingency of $20,000.00 for the provision of information technology project implementation and management services and approving a budget adjustment. 10. Gila, LLC d/b/a Municipal Services Bureau: A resolution authorizing a contract with Gila, LLC d/b/a/ Municipal Services Bureau for account collection services at a payment rate of 40% of amounts collected. 11. Federal Emergency Management Agency: A resolution authorizing application for and acceptance of a Federal Disaster Grant from the Federal Emergency Management Agency relating to Spring 2011 Flood Damage, and approving a budget adjustment in the amount of$1,000,000.00. 12. Amend Resolution 226-10: A resolution amending Resolution No. 226-10 approving the Transportation Division Overlay/Sidewalk Projects to provide for drainage maintenance and approving a budget adjustment. 13. Motorola, Inc.: A resolution approving a change order for Phase II of the Radio Project with Motorola, Inc. in the total amount of $614,093.00, with $237,746.00 funded from the project contingency, $286,000.00 from the Street Fund, $49,901.00 from Police Impact Fees and $40,446.00 from Fire Impact Fees, and approving a budget adjustment in the amount of$286,000.00. Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye e�lle Ward 1 Position 2—Brenda Boudreaux City Attorney Kit Williams Ward 2 Position 1 —Mark Kinwn Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting June 21, 2011 A meeting of the Fayetteville City Council will be held on June 21, 2011 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. Historic District Commission Appointment: Appointed by the Mayor and approved by the City Council. 2. Nominating Committee Report Agenda Additions: A. Consent: 1. Approval of the June 7, 2011 City Council meeting minutes. 2. Bid #11-31 Shipley Motor Equipment of Lowell: A resolution awarding Bid #11-31 and authorizing a contract with Shipley Motor Equipment of Lowell, Arkansas in the amount of $453,279.08 for the purchase of two (2) Mack LEU613 Trucks with Wayne Titan 40 FEL bodies for use by the Solid Waste Division. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Bid #11-36 MHC Kenworth/Volvo of Springdale: A resolution awarding Bid #11-36 and authorizing a contract with MHC KenwortWVolvo of Springdale in the amount of $103,855.16 for the purchase of a T800 semi truck tractor for use by the Water and Sewer Department. 4. Wal-Mart Foundation and Wal-Mart #5737 Donation Revenue: A resolution approving a budget adjustment in the amount of$2,000.00 representing donation revenue from the Wal-Mart Foundation and Wal-Mart #5737 to the Fayetteville Fire Department for the purchase of life vests. 5. Arkansas Water and Wastewater Agency Response Network: A resolution approving a water and wastewater mutual aid agreement though the Arkansas Water and Wastewater Agency Response Network, and assigning the Utilities Director as the authorized official. 6. 2011 Community Development Block Grant: A resolution approving a budget adjustment in the amount of $91,911.00 to recognize the actual amount of the 2011 Community Development Block Grant award. 7. Friendship Community Care, Inc.: A resolution to approve a lease agreement of about 2.2 acres with Friendship Community Care, Inc. to serve developmentally disabled Fayetteville citizens. 8. 2011 Bulletproof Vest Partnership Program: A resolution authorizing application for a 2011 Bulletproof Vest Partnership Program fifty percent (50%) matching grant in the amount of $9,100.00 for replacement of fifteen (15) body armor vests for the Police Department. 9. City Hospital Board of Trustees: A resolution to appoint Conrad Odom and Hershey Garner to the City Hospital Board of Trustees also known as the Board of Control of the Stone Hospital. 10. Plante & Moran, PLLC: A resolution approving a contract with Plante & Moran, PLLC in the amount of $185,000.00, plus a project contingency of $20,000.00, for the provision of information technology project implementation and management services, and approving a budget adjustment. 11. Gila, LLC DBA Municipal Services Bureau: A resolution authorizing a contract with Gila, LLC DBA Municipal Services Bureau for account collection services at a payment rate of forty percent (40%) of amounts collected. B. Unfinished Business: 1. None C. New Business: 1. Federal Emergency Management Agency (FEMA): A resolution authorizing application for and acceptance of a federal disaster grant from the Federal Emergency 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 Management Agency (FEMA) related to Spring 2011 flood damage, and approving a budget adjustment in the amount of$1,000,000.00. 2. Amend Resolution 226-10: A resolution amending Resolution No. 226-10 approving the Transportation Division overlay/sidewalk projects list for 2011 by reducing overlay/sidewalk projects to provide for drainage maintenance, and approving a budget adjustment. 3. Motorola, Inc.: A resolution approving a change order for Phase II of the radio project with Motorola, Inc. in the total amount of $614,093.00, with $237,746.00 funded from the project contingency, $286,000.00 from the street fund, $49,901.00 from police impact fees and $40,446.00 from fire impact fees, and approving a budget adjustment in the amount of$286,000.00. 4. City Plan 2030: A resolution approving and adopting City Plan 2030 and the future land use map as the comprehensive land use plan. 5. Revised Master Street Plan: A resolution approving and adopting a revised Master Street Plan and street cross-sections. 6. RZN 11-3804 (Northwest Corner of Mountain Street and College Avenue/East Square Development): An ordinance revoking C-PZD 05-1610 (East Square Development) and rezoning that property described in rezoning petition RZN 11-3804, for approximately 1.01 acres, located at the northwest corner of Mountain Street and College Avenue, from C-PZD, Commercial Planned Zoning District 05-1610, to DC, Downtown Core. 7. RZN 11-3805 (East of Dead Horse Mountain Road/ Falling Waters): An ordinance revoking R-PZD 05-1635 (Falling Waters) and rezoning that property described in rezoning petition RZN 11-3805, for approximately 136.70 acres, located east of Dead Horse Mountain Road, from R-PZD, Residential Planned Zoning District 05-1635, to R- A, Residential Agricultural. 8. RZN 11-3806 (South of Zion Road and East of Taliesin Lane/Woodbury): An ordinance revoking R-PZD 06-2190 (Woodbury) rezoning that property described in rezoning petition RZN 11-3806, for approximately 9.26 acres, located south of Zion Road and east of Taliesin Lane, from R-PZD, Residential Planned Zoning District 06- 2190, to NC, Neighborhood Conservation. 9. RZN 11-3807 (Southwest Corner of Razorback Road and 15th Street/Champion Club Condos): An ordinance revoking R-PZD 07-2551 (Champions Club Condos) and rezoning that property described in rezoning petition RZN 11-3807, for approximately 4.42 acres, located at the southwest corner of Razorback Road and 15`h Street, east of the Crowne Apartments, from R-PZD, Residential Planned Zoning District 07-2551, to UT, Urban Thoroughfare. 10. RZN 11-3835 (3710 West Martin Luther King Boulevard/Zaifi): An ordinance rezoning that property described in rezoning petition RZN 11-3835, for approximately 1.20 acres, located at 3710 West Martin Luther King Boulevard from C-1, Neighborhood Commercial to CS, Community Services. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 11. Appeal RZN 11-3831 (209 W. Martin Luther King Blvd.): An ordinance rezoning that property described in rezoning petition RZN 11-3831, for approximately 2.64 acres located at 209 West Martin Luther King Boulevard from RMF-24, Residential Multi- Family, 24 units per acre to C-1, Neighborhood Commercial. City Council Tour: Monday, June 20, 2011 at 4:30 p.m. The Council will tour the Fayetteville Television Center Announcements: Adjournment: NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to spear Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetieville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 6/1312011 Pae 1 of 2 P.0 Number: Pec e e rveryData: RYiI pFrcbaseS uDer f250� hd�he usetl bgP�u�rles mertht 4�9s relater �rYsbm rtr gnesXtutt ,xAf�`t?4 ri�esYs7r3tfbe;�calriraf�'"�os�hBTP hiSiit`�O;tltart.�Riir��a{ti� F�:f�� ev�tileJ�P.rls �_ .. �,. Vendortl: Vendor N.2fie: Mail 20398. '..Plante 8 Moran PLt,C Yes:_ No: Address: Fob Point: Taxable Quotes Attached Yes:_ No:_ Yes: No: City: State: Zip Code: Ship to code:'. Divison Head Approval: '...,..... t49 Requester: Raquaster'-sFrttptoyee4p, Extension: Don Mar' 3351 '330 Iteml Description uanti Unit of Issue Unit Cost Extended Cost Account Numbers Project/Subproject# Inventory# Fixed Asset# 1 IT Contract Services 1 Lot 205,000.00 $205,000.00 4470-9470-5315-00 2 3 $0.00 4 $0.00 5 $0.00 6 $0.00 CE 7 $9.90 AIN I 8 $0.00 P iRCHASIA1, 9 $0.00 10 $0.00 Shipping/Handling Lot $0.00 Special nstrucuons: Subtotal: $205,000.00 Tax: Total: $205,000.00 Approvals: Mayor: Department Director: Purchasing Manager: Finance&Internal Services Director: Budget Manager: IT Manager: n— Dispatch Manager: Utilities Manager: Chief Of Staff: 11 YAC Revised 1/7/2008 A. 10 Plante&Moran,PLLC Page 2 of 2 JAI f City P n 20 0 �- P Pag 1 of RD11IGHT ED0 w `s S I r Master Street Plan - - �� + �,,-'`A F ...... ........�. .... ...^•w .-- �.: . 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PLANNED STREETS ■��1 COLLECTOR - ��I FREEWAY/EXPRESSWAY ■��1 MINORARTERIAL : �' i j r} I-fJ I':-} - -•� rw-= r _ _ Y j ,r -1 ■111111111 {'' -f 1 �'r -�\ /• , PR INCIPALARTERIAL 1 PRIN ARTERIAL PKWY x LOCAL r , • Ozark Busto p \ �y I r • Razorback Bustop - -}— Future Trails _ Multi-Use Trails--Existing i. .-�-� , ) �.r Pf - Platted Street 4 J' ;r N• _r L,. _ x r : Enduring Green Network (DRAFT) I ._. x :�,J } �•, b - JK �' � Stream Polygons L ti t 100 YEAR FLOOD Planning Area Boundary , `1 C t 1 2030 Hillside/Hilltop Overlay District PARK — - -_ ; v ' ` t4 \ 0 1 2 i �I Mile Other Cities - r" � �� _ Quarter Mile Grid - �,JI te- ,., / -' r , I I �; C. 11 ATrtin 31 (2her King Blvd.) Tay e el P Departmental Correspondence ARKANSAS LEGAL www,accessfayetteville.org DEPARTMENT Kit Williams City 1r(ornes TO: Mayor Jordan rason IS. lieuey- City Council Assistant CitV Aflmwey CC: Jeremy Pate, Development Services Director Andrew Garner, Senior Planner -Current Planning Jesse Fulcher, Planner - Current Planning FROM: Kit Williams, City Attorney —){DATE: June June 14, 2011 RE: Appeal of RZN 11-3831 (Kum & Go) DISCRETION OF THE CITY COUNCIL Normally, the City Attorney's Office will take no position in a City Council rezoning decision which almost always rests within the sound discretion and judgment of the City Council. Indeed, I have successfully defended the few court challenges to the City Council's zoning decisions during my decade as Fayetteville City Attorney. Your rezoning decisions have never been overturned in Circuit Court. However, the current appeal QRZN 11-3831 Kum & Go)) requesting Neighborhood Commercial (C-1) involves a unique situation and potential legal issues for the City. Therefore, I think I need to call your attention to these issues before you decide on the rezoning. The City Council is granted wide discretion by the Courts when deciding zoning issues. Only if a zoning was "arbitrary, capricious, or wholly inequitable," City of Conway v. Housing Authority of Conway, 266 Ark, 40, 584 S.W. 2d 10, 13 (1979), would such a zoning decision be overturned by the Circuit Court. The Arkansas Supreme Court defined "arbitrary" in that case as meaning "arising from unrestrained exercise of ... personal preference; based on random or convenient choice, rather than on reason or nature." The major legal concern I have is that denying the applicant's request for a Neighborhood Commercial zoning in favor of a Community Service zoning might be deemed a "spot zoning" based upon the preference of the City Council for a "form based" rather than "traditional" zoning district. C. 11 Appeal RZN 11-3831 (209 W.Martin Luther King Blvd.) Page 2 of 8 C-1 AND CS: IDENTICAL PURPOSES; SIMILAR USES It is important to note that Neighborhood Commercial (C-1), a very old traditional zoning district has almost the identical express purpose of Community Services (CS) as stated in the Unified Development Code. The express purpose for Neighborhood Commercial (C-1) is: "(A) Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas." §161.18 of the UDC. This is the identical language used for the newer Community Services (CS) district: "(A) Purpose. The Community Services district is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas ...:' §161.19 of the U.D.C. The Purpose section of §161.19 Community Service (CS) adds further language because it allows uses not allowed in Neighborhood Commercial, primarily residential uses. Indeed, every permitted use in Neighborhood Commercial is also permitted in Community Service and every conditional use allowed in Neighborhood Commercial is also allowed in Community Services. Therefore, it would not seem reasonable for the City Council to deny on applicant its requested Neighborhood Commercial zoning district by rezoning to Community Services because Community Services has additional permitted uses the applicant clearly does not desire. Since the purpose and uses of these zoning districts cannot justify denial of the rezoning to the more restrictive zoning district, C-1 Neighborhood Commercial, I believe there remains a single justification for a forced rezoning to Community Services instead of Neighborhood Commercial, that is Community Service's new "build-to zones" and the required 65% street frontage coverage by a developer's building (making it "form based"). 2 C. 11 Appeal RZN 11-3831 (209 W.Martin Luther King Blvd.) Page 3 of 8 BOARD OF ADJUSTMENT Recognizing that this 65% street frontage requirement could cause real development problems for many "permitted uses" in Community Service (CS), such as Unit 18 Gasoline service stations, Unit 15 Neighbor Shopping, etc., Planning staff informed the Planning Commission that an applicant/developer for the Kum & Go rezoning could go to the Board of Adjustment for a variance of this 65% street frontage building coverage for this parcel. At this point the Planning Commission believed and was not otherwise informed that this 2.5 acre rezoning request was for a single parcel with over 900 feet of street frontage. To comply with the Community Services street frontage requirements, the developer would have had to build a building along 200 yards of street frontage, a difficult obligation for a developer wanting to build a gas station, eating place, or convenience store. I expressed my doubts that the Board of Adjustment would or could grant such a substantial reduction in street frontage requirements to make anticipated permitted uses developable. I also pointed out the only appeal from the Board of Adjustment is to Circuit Court. If the City Council wants to facilitate this potential development, it can do so only with its rezoning decision. My review of the four requirements that the Board of Adjustment must find to exist before it can grant any relief shows any variance approval would be almost impossible to legally grant. Thus, the applicant can probably get no relief from the Board of Adjustment. Fortunately, Community Services Director Jeremy Pate has informed me that this 2.5 acre parcel is actually composed of several existing lots. Attached is the map of the property to be rezoned showing the internal lot lines. If the developer wishes to develop only about an acre or so on the corner of WK and Hill using existing lots, then he would not need to build an "L" shaped building a football field in length along both Hill and WK. However, if zoned to Community Services a developer would still have to cover two-thirds of the street frontage of this corner lot with his building, an odd configuration for a gas station or convenience store, both of which are allowed by right in both Community Services (CS) and Neighborhood Commercial (C-1). ZONING COMPATIBILITY Zoning ordinances were developed many decades ago primarily to ensure compatibility between differing land uses. The current zoning of all three adjacent corners of the intersection of Martin Luther King Boulevard and Hill Avenue are all of the City's traditional commercial zoning districts. Immediately east across Hill Avenue is zoned Heavy Commercial/Light Industrial (I-1), catty-corner is zoned 3 C. 11 Appeal RZN 11-3831 (209 W.Martin Luther King Blvd.) Page 4 of 8 Thoroughfare Commercial (C-2) and immediately across MLK is zoned Neighborhood Commercial (C-1). I have attached a GIS map showing these zones. South and West of this property to the railroad tracks is a Residential Planned Zoning District with no building within 25 feet of Martin Luther King Boulevard. Attached is another GIS map which shows the zoning, plus photos of structures, etc. A Community Services rezoning would be the only form based commercial zoning at this intersection. Indeed, the whole block along Martin Luther King Boulevard east of the Hill Avenue intersection is Thoroughfare Commercial or Heavy Commercial/Light Industrial with existing warehousing and retail set back far off MLK. The block of Hill Avenue south from the intersection is zoned Heavy Commercial/Light Industrial with substantial existing warehousing. It could certainly be argued that dropping a form-based commercial district within this established traditional commercial and warehousing district would be "spot zoning." SPOT ZONING As I have informed the City Council for the last decade in numerous memos about what can be considered in zoning decisions, I have warned that spot zoning should be avoided. I have quoted this case most recently in my December 15, 2010 memo. " `Spot zoning, by definition, is invalid because it amounts to an arbitrary, capricious and unreasonable treatment of a limited area within a particular district. As such, it departs from the comprehensive treatment or privileges not in harmony with the other use classifications in the area and without any apparent circumstances which call for different treatment. Spot zoning almost invariably involves a single parcel or at least a limited area.' R. Wright and S. Webber, Land Use (1978)." Riddell v. .City of Brinkley, 612 S.W. 2d 116, 117 (1981). (emphasis added) What concerns me from a legal point of view is that all of the other corner lots at this intersection are traditional commercial zones with setbacks rather than the opposite "form based" zones with build-to frontage requirements. None of these other commercial zones must build close to the street right-of-way for any part of the street 4 C. 11 Appeal RZN 11-3831 (209 W.Martin Luther King Blvd.) Page 5 of 8 frontage, much less two-thirds of the entire street frontage. The applicant could argue that a form-based commercial zoning constitutes "unreasonable treatment of a limited area" within this commercial node "without any apparent circumstances which call for different treatment." Riddle v. City of Brinkley. The City Council's preference to force commercial buildings to be constructed near the street right-of-way and to extend the building for two-thirds of the total street frontage might be determined to be unreasonable in the context of surrounding commercial zones and currently constructed warehouses and commercial buildings (including a former convenience store catty-corner from the proposed rezoning). When the Downtown Master Plan was implemented with new "form based" zoning districts, this master planned area was treated comprehensively, and thus could withstand a "spot zoning" charge. Dropping a "form based" commercial zoning district into the midst of traditional commercial district when the applicant desires a traditional commercial district (with the identical purposes and uses as the "form based" district) creates a potential legal challenge of spot zoning. The personal preference of aldermen who wish to force "form based" zoning districts into the midst of existing traditional commercial zones may not be enough to withstand a Circuit Court challenge. CONCLUSION Other "form based" commercial rezonings for parcels outside a Master Planned Area have been approved by this City Council without a problem. A current request for rezoning to Community Services by a land owner along MLK should be granted by the City Council because there is no opposition and water problems at the rear of his lot make it much easier to develop with the 10 foot build-to line of CS rather than the 50 foot setback of C-1. Only if an applicant or citizens object to a rezoning (which would make litigation possible) will I normally make any comment. Because of this appeal from a land owner/developer who requests a traditional commercial zoning, the issue of whether to force a developer to accept "form based" commercial district with almost identical purpose and uses provisions is squarely before the City Council. This is purely a setback v. a "build-to" zone requiring a building on 65% of right-of-way street frontage issue. I am concerned about defending the reasonableness of such a requirement for this parcel in Circuit Court. In addition to language in our Long Term Plan (2025 or 2030 Plan) and any personal preference for a "form based" zoning district, the City Council should have and express reasoned analysis of why the applicant's requested Neighborhood Commercial (C-1) zoning should be denied. 5 RZN 11 -3831 Kum & Go Zoning W iitoper King Blvd.) Page 6 of 8 i G w y!4 I Oil�s, P-1 V C-1 MARTIN LUTHER KING BLVDMARTiN LUTHER KING BLVD I � I � I 0 a RPZD t�5,ONE DR it 1. yI ` JI 1 d �A1 N 1 inch = 160 feet \N+E s