HomeMy WebLinkAbout2011-08-16 - Agendas - Final Aldermen
Ward 1 Position 1—Adella Gray
Mayor Lioneld Jordan • Ward 1 Position 2—Brenda Boudreaux
Ci Attorney Kit Williams Ward Position 1 —Mark Kinion
City y Fayve lle Ward 2 Position 2—Matthew Petty
Ci Clerk Sondra Smith Ward 3 Position l—Justin Tennant
City Ward 3 Position 2—Robert Ferrell
ARKANSAS Ward 4 Position 1 —Rhonda Adams
Ward 4 Position 2—Sarah E.Lewis
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
August 16, 2011
A meeting of the Fayetteville City Council will be held on August 16, 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:
Agenda Additions:
A. Consent:
1. Approval of the August 2, 2011 City Council meeting minutes. APPROVED
2. Dell Marketing — Computer Servers: A resolution authorizing the purchase of two (2)
high performance computer servers with associated equipment in the amount of
$104,501.90 from Dell Marketing pursuant to bids through the Western States
Contracting Alliance.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 137-11
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
3. Office of Intergovernmental Services Division Grant—Underage Drinking Laws: A
resolution authorizing acceptance of a grant in the amount of$31,500.00 from the Office
of Intergovernmental Services Division of the Arkansas Department of Finance and
Administration to enforce underage drinking laws, and approving a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 138-11
4. Fayetteville Chamber of Commerce: A resolution approving a participation and
unsecured loan agreement with the Fayetteville Chamber of Commerce to perform
energy retrofit services in the amount of $13,918.00 as part of the City of Fayetteville
Community Revolving Loan Fund for Energy Efficiency.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 139-11
5. Mount Sequoyah Center, Inc.: A resolution approving a participation and unsecured
loan agreement with Mount Sequoyah Center, Inc. to perform energy retrofit services in
the amount of $121,000.08 as part of the City of Fayetteville Community Revolving
Loan Fund for Energy Efficiency.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 140-11
6. CPS of NWA, Inc. (Bid #11-47): A resolution awarding Bid #11-47 and approving a
contract with CPS of NWA, Inc. in the amount of$35,200.00 for the purchase of spray
foam and insulation as part of the Community Revolving Loan Fund for Energy
Efficiency, and approving a fifteen percent(15%) project contingency.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 141-11
7. Community Services Donation Revenue: A resolution approving a budget adjustment
in the total amount of $478.00 representing $228.00 in citizen donation revenue to the
Ranger's Pantry Pet Food Bank for the second quarter of 2011 and a $250.00 donation
from the University of Arkansas Student Affairs Office for the Fest of All event.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 142-11
8. Grant Offer Acceptance: A resolution authorizing application and acceptance of a
Federal Aviation Administration 95% project cost grant and an Arkansas Department of
Aeronautics 5% matching grant, for the Drake Field Runway Rejuvenation Project.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 143-11
9. CDBG Reimbursement: A resolution to approve a contract to release Habitat For
Humanity of Washington County, Inc. and the City of Fayetteville from The Real Estate
Sales Contract of November 15, 2006 and to reconvey the property to the City of
Fayetteville and to approve a budget adjustment of$90,000.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 144-11
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
10. Benefits Renewal: A resolution approving a 2012 employee benefits package.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 145-11
B. Unfinished Business:
1. RZN 11-3870 (2012 West Martin Luther King Blvd./USA Drug): An ordinance
rezoning that property described in rezoning petition RZN 11-3870, for approximately
0.50 acres, located at 2012 West Martin Luther King Boulevard from RMF-24,
Residential Multi-Family 24 units per acre to C-1, Neighborhood Commercial. This
ordinance was left on the First Reading at the August 2, 2011 City Council meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5430
2. Revised Master Street Plan: A resolution approving and adopting a revised Master
Street Plan and street cross-sections. This resolution was tabled at the June 21, 2011 City
Council meeting to the July 5, 2011 City Council meeting. This resolution was tabled at
the July 5, 2011 City Council meeting to the August 16, 2011 City Council meeting.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 146-11
C. New Business:
1. Amend Chapter 169 & Chapter 170: An ordinance to amend sections of Chapter 169:
Physical Alteration of Land and Chapter 170: Stormwater Management, Drainage and
Erosion Control.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5431
2. RZN 11-3880 (736 North Garland Avenue): An ordinance rezoning that property
described in rezoning petition RZN 11-3880 for approximately 0.10 acres, located at 736
North Garland Avenue from RMF-40, Residential Multi-Family, 40 units per acre, to CS,
Community Services.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5432
3. RZN 11-3877 (130 South Hill Ave./Eco Modern Flats): An ordinance rezoning that
property described in rezoning petition RZN 11-3877, for approximately 2.92 acres,
located at 130 South Hill Avenue from RMF-40, Residential Multi-Family, 40 units per
acre, to DG, Downtown General.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5433
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
4. Amend R-PZD 04-01.00, Southern View II PZD: An ordinance amending a residential
planned zoning district entitled R-PZD 04-01.00, Southern View II, located at Futrall east
of I-540, containing approximately 6.7 acres, to allow the addition of Use Unit #26,
Multi-Family dwellings, as a permitted use throughout all of the space in the six existing
mixed-use buildings on the subject property, as described herein.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5434
5. Amend §172.05 Standards For The Number Of Spaces By Use: An ordinance to
amend §172.05 Standards For The Number Of Spaces By Use, Table 3 Parking Ratios to
clarify that spaces at gasoline pump islands may be counted as parking spaces.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5435
6. RZN 11-3883 (636 South Foster Lane): An ordinance rezoning that property described
in rezoning petition RZN 11-3883, for approximately 1.29 acres, located at 636 South
Foster Lane from RSF-1, Residential Single-Family, 1 unit per acre to R-A, Residential
Agricultural.
THIS ITEM FAILED.
City Council Tour: Monday, August 15, 2011 at 4:30 p.m. The Council will tour the
Water/Sewer Facility, Tanks, and Pump Stations.
Announcements:
Adjournment: 10:30 p.m.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
NOTICE TO MEMBERS OF THE AUDIENCE
All interested parties may appear and be heard before the City Council. Ifyou 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 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
City Council Meeting: August 16,2011 Adjourn:
Subject: Roll
Gray
Boudreaux
Kinion V/
Petty
Tennant ✓
Ferrell
Adams
Lewis ✓/
Mayor Jordan V
- D
Subject:
Motion To:
Motion By:
Seconded:
Gray
Boudreaux
Kinion
Petty
Tennant
Ferrell
Adams
Lewis
Mayor Jordan
City Council Meeting: August 16,2011
Subject: Consent
Motion To:
Motion By:
Seconded:
Gray V
Boudreaux v"'
Kinion
awami Petty
Tennant V/
�l p lacQ Ferrell
Adams
�u. Lewis
145_ 1 1 Mayor Jordan
S-o
Subject:
Motion To:
Motion By:
Seconded:
Gray
Boudreaux
Kinion
Petty
Tennant
Ferrell
Adams
Lewis
Mayor Jordan
City Council Meeting: August 16,2011
Subject: RZN 11-3870 (2 12 West Martin Luther King Blvd.1USA 4-0Dru )
o�
Motion To: 4
ird PjaJ
Motion By: 5
Seconded: '
B. 1 Gray
Unfinished Boudreaux ✓ N / �/
Business Kinion ✓ VIII
Petty ✓ ✓ ✓
Tennant ✓ i/ 1/
r�-J Ferrell ✓
Adams
5 4 3 o Lewis ✓ t.�'` N
Mayor Jordan
Subject: Revised Master Street Plan
Motion To: ri M.1Jt2a.n
Motion By: C
Seconded:
B 2 Gray
Unfinished Boudreaux �r
Business Kinion i/
Petty
Tennant ✓
Ferrell �' ✓
f n Adams p� ✓
Lewis
Mayor Jordan
City Council Meeting: August 16,2011
Subject: Amend Chapter 169 & Chapter 170
Motion To:
Motion By: 97 AI)
Seconded:
C. l Gray ,l S/ 1 F
New Boudreaux ✓ is
Business Kinion ✓ f
Petty f ►®
Tennant
Ferrell
r-µms Adams f t
r Lewis s�
•J Mayor Jordan
-0
Subject: RZN 11-3880 736 North Garland Avenue)
Motion To: r
4
Motion By: At, J
Seconded: er
C. 2 Gray ✓' �/
New Boudreaux
Business Kinion
Petty `' ✓
PTennant
Ferrell
5 ! Adams
Lewis I/
Mayor Jordan
City Council Meeting: August 16,2011
Subject: RZN 11-3877 (130 South Hill Ave./Eco Modern Flats)
Motion To: n f}
Motion By:
Seconded:
C. 3 Gray �/ ✓
New Boudreaux ,/ ,/ ✓
Business Kinion y/ W ✓
Petty ✓ ✓ id
Tennant ✓ ,/
Ferrell i/ ✓
Adams rr if ✓
33 Lewis ✓ ✓
Mayor Jordan
Subject: Amend R-PZD 04-01.00, Southern View II PZD
Motion To:
Motion By:
i S-
Seconded:
C. 4 Gray V0,11-
New
New Boudreaux ✓ ✓ ✓
Business Kinion ✓
+ Petty ✓ 6✓ �/
i/yQ 01 Tennant ✓
2 Ferrell
J� Adams w" ✓
Lewis ✓
Mayor Jordan
City Council Meeting: August 16,2011
Subject: Amend §172.05 Standards For The Number Of Spaces By Use
"""�''"`
Motion To: n�`" 4-D --n
Motion By:
Seconded: 40,
C. 5 Gray e/ W, ✓ ►�
New Boudreaux „s" t/
Business Kinion y!
Petty 6111,
Tennant
Ferrell v'
Adams m� ,
Lewisr-
Mayor Jordan
Subject: RZN 11-3883 (636 South Foster Lane)
Motion To: q
Motion By:
n
Seconded:
C. 6 Gray
New Boudreaux
Business Kinion v�
Petty �/ WIOI�
Tennant
Ferrell too,,,
Adams
Lewis
Mayor Jordan
•
af-fl
ye evlle Departmental Correspondence
ARRAN SAS
LEGAL
www.accessfayetteviIle.org DEPARTMENT
Kit Williams
TO: Mayor Jordan City Attorney
Jason B.Kelley
THRU: Sondra Smith, City Clerk Assistant City Attorney
FROM: Kit Williams, City Attorneys f
DATE: August 17, 2011
RE: Resolutions and Ordinances prepared by the City Attorney's Office and
passed at the City Council meeting of August 16, 2011
1. Dell Marketing — Computer Servers: A resolution authorizing purchase
of two high performance computer servers with associated equipment in the
amount of$104,501.90 from Dell Marketing pursuant to bids through the Western
States Contracting Alliance
2. Office of Intergovernmental Services Division Grant — Underage
Drinking Laws: A resolution authorizing acceptance of a grant in the amount of
$31,500.00 from the Office of Intergovernmental Services Division of the
Arkansas Department of Finance and Administration to enforce underage drinking
laws, and approving a budget adjustment.
3. Fayetteville Chamber of Commerce: A resolution approving a
participation and unsecured loan agreement with the Fayetteville Chamber of
Commerce to perform energy Retro-fit services in the amount of $13,918.00 as
part of the City of Fayetteville Community Revolving Loan Fund for energy
efficiency.
4. Mt. Sequoyah Center, Inc.: A resolution approving a contract and loan
agreement with Mt. Sequoyah Center, Inc. to perform energy Retro-fit services in
the amount of $121,000.08 as part of the City of Fayetteville Community
Revolving Loan Fund for energy efficiency.
5. CPS of NWA, Inc. (Bid #11-47): A resolution awarding Bid #11-47 and
approving a contract with CPS of NWA, Inc. in the amount of $35,200.00 for the
purchase of spray foam and insulation as part of the Community Revolving Loan
Fund for energy efficiency and approving a 15% project contingency.
6. Community Services Donation Revenue: A resolution approving a budget
adjustment in the total amount of $478.00 representing $228.00 in Citizen
Donation Revenue to the Ranger's Pantry Pet Food Bank for the Second Quarter of
2011 and a $250.00 donation from the U of A Student Affairs Office for the Fest of
All Event.
7. Grant Offer Acceptance: A resolution authorizing application and
acceptance of a Federal Aviation Administration 95% Project Cost Grant and an
Arkansas Department of Aeronautics 5% Matching Grant, for the Drake Field
Runway Rejuvenation project.
8. CDBG Reimbursement: A resolution to approve a contract to release
Habitat for Humanity of Washington County, Inc. and the City of Fayetteville from
the Real Estate Sales Contract of November 15, 2006 and to reconvey the property
to the City of Fayetteville and to approve a budget adjustment of$90,000.00.
9. Benefits Renewal: A resolution approving a 2012 Employee Benefits
Package.
10. Amendment to §172.05 Standards for the Number of Spaces by Use: An
ordinance to amend §172.05 Standards for the Number of Spaces By Use,
Table 3 Parking Ratios to clarify that spaces at gasoline pump islands may be
counted as parking spaces.
Aldermen
Ward 1 Position 1—Adella Gray
Mayor Lioneld Jordan • Ward 1 Position 2—Brenda Boudreaux
Ci Attorney Kit Williams Ward Position 1 —Mark Kinion
City y Fayve lle Ward 2 Position 2—Matthew Petty
Ci Clerk Sondra Smith Ward 3 Position l—Justin Tennant
City Ward 3 Position 2—Robert Ferrell
ARKANSAS Ward 4 Position 1 —Rhonda Adams
Ward 4 Position 2—Sarah E.Lewis
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
August 16, 2011
A meeting of the Fayetteville City Council will be held on August 16, 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:
Agenda Additions:
A. Consent:
1. Approval of the August 2, 2011 City Council meeting minutes.
2. Dell Marketing — Computer Servers: A resolution authorizing the purchase of two (2)
high performance computer servers with associated equipment in the amount of
$104,501.90 from Dell Marketing pursuant to bids through the Western States
Contracting Alliance.
3. Office of Intergovernmental Services Division Grant— Underage Drinking Laws: A
resolution authorizing acceptance of a grant in the amount of$31,500.00 from the Office
of Intergovernmental Services Division of the Arkansas Department of Finance and
Administration to enforce underage drinking laws, and approving a budget adjustment.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
4. Fayetteville Chamber of Commerce: A resolution approving a participation and
unsecured loan agreement with the Fayetteville Chamber of Commerce to perform
energy retrofit services in the amount of $13,918.00 as part of the City of Fayetteville
Community Revolving Loan Fund for Energy Efficiency.
5. Mount Sequoyah Center, Inc.: A resolution approving a participation and unsecured
loan agreement with Mount Sequoyah Center, Inc. to perform energy retrofit services in
the amount of $121,000.08 as part of the City of Fayetteville Community Revolving
Loan Fund for Energy Efficiency.
6. CPS of NWA, Inc. (Bid #11-47): A resolution awarding Bid #11-47 and approving a
contract with CPS of NWA, Inc. in the amount of$35,200.00 for the purchase of spray
foam and insulation as part of the Community Revolving Loan Fund for Energy
Efficiency, and approving a fifteen percent(15%) project contingency.
7. Community Services Donation Revenue: A resolution approving a budget adjustment
in the total amount of $478.00 representing $228.00 in citizen donation revenue to the
Ranger's Pantry Pet Food Bank for the second quarter of 2011 and a $250.00 donation
from the University of Arkansas Student Affairs Office for the Fest of All event.
8. Grant Offer Acceptance: A resolution authorizing application and acceptance of a
Federal Aviation Administration 95% project cost grant and an Arkansas Department of
Aeronautics 5%matching grant, for the Drake Field Runway Rejuvenation Project.
9. CDBG Reimbursement: A resolution to approve a contract to release Habitat For
Humanity of Washington County, Inc. and the City of Fayetteville from The Real Estate
Sales Contract of November 15, 2006 and to reconvey the property to the City of
Fayetteville and to approve a budget adjustment of$90,000.00.
10. Benefits Renewal: A resolution approving a 2012 employee benefits package.
B. Unfinished Business:
1. RZN 11-3870 (2012 West Martin Luther King Blvd./USA Drug): An ordinance
rezoning that property described in rezoning petition RZN 11-3870, for approximately
0.50 acres, located at 2012 West Martin Luther King Boulevard from RMF-24,
Residential Multi-Family 24 units per acre to C-1, Neighborhood Commercial. This
ordinance was left on the First Reading at the August 2, 2011 City Council meeting.
Left on the First Reading
2. Revised Master Street Plan: A resolution approving and adopting a revised Master
Street Plan and street cross-sections. This resolution was tabled at the June 21, 2011 City
Council meeting to the July 5, 2011 City Council meeting. This resolution was tabled at
the July 5, 2011 City Council meeting to the August 16, 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
C. New Business:
1. Amend Chapter 169 & Chapter 170: An ordinance to amend sections of Chapter 169:
Physical Alteration of Land and Chapter 170: Stormwater Management, Drainage and
Erosion Control.
2. RZN 11-3880 (736 North Garland Avenue): An ordinance rezoning that property
described in rezoning petition RZN 11-3880 for approximately 0.10 acres, located at 736
North Garland Avenue from RMF-40, Residential Multi-Family, 40 units per acre, to CS,
Community Services.
3. RZN 11-3877 (130 South Hill Ave./Eco Modern Flats): An ordinance rezoning that
property described in rezoning petition RZN 11-3877, for approximately 2.92 acres,
located at 130 South Hill Avenue from RMF-40, Residential Multi-Family, 40 units per
acre, to DG, Downtown General.
4. Amend R-PZD 04-01.00, Southern View II PZD: An ordinance amending a residential
planned zoning district entitled R-PZD 04-01.00, Southern View II, located at Futrall east
of I-540, containing approximately 6.7 acres, to allow the addition of Use Unit #26,
Multi-Family dwellings, as a permitted use throughout all of the space in the six existing
mixed-use buildings on the subject property, as described herein.
5. Amend §172.05 Standards For The Number Of Spaces By Use: An ordinance to
amend §172.05 Standards For The Number Of Spaces By Use, Table 3 Parking Ratios to
clarify that spaces at gasoline pump islands may be counted as parking spaces.
6. RZN 11-3883 (636 South Foster Lane): An ordinance rezoning that property described
in rezoning petition RZN 11-3883, for approximately 1.29 acres, located at 636 South
Foster Lane from RSF-1, Residential Single-Family, 1 unit per acre to R-A, Residential
Agricultural.
City Council Tour: Monday, August 15, 2011 at 4:30 p.m. The Council will tour the
Water/Sewer Facility, Tanks, and Pump Stations.
Announcements:
Adjournment:
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
NOTICE TO MEMBERS OF THE AUDIENCE
All interested parties may appear and be heard before the City Council. Ifyou 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 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
A.6
CPS of NWA, Inc.(Bid#11-47)
Page 1 of 2
RESOLUTION NO.
A RESOLUTION AWARDING BID #11-47 AND APPROVING A
CONTRACT WITH CPS OF NWA, INC. IN THE AMOUNT OF $35,200.00
FOR THE PURCHASE OF SPRAY FOAM AND INSULATION AS PART OF
THE COMMUNITY REVOLVING LOAN FUND FOR ENERGY
EFFICIENCY, AND APPROVING A FIFTEEN PERCENT (15%) PROJECT
CONTINGENCY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid
#11-47 and approves a contract with CPS of NWA, Inc. in the amount of $35,200.00 for the
purchase of spray foam and insulation as part of the community revolving loan fund for energy
efficiency.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a
fifteen percent(15%)project contingency.
PASSED and APPROVED this 166' day of August,2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Page 1 of 1
A.6
CPS of NWA, Inc.(Bid#11-47)
Page 2 of 2
Sondra Smith - Foam Insulation Contract - Contingency
From: John Coleman
To: Smith, Sondra
Date: 8/4/2011 10:28 AM
Subject: Foam Insulation Contract - Contingency
I need to increase the contingency from 10%to 15% on the foam insulation contract.
Thank you,
John
fileM:\Documents and Settings\ssmith\Local Settings\Temp\XPgrpwise\4E3A7449FAY... 8/4/2011
A. 10
Benefits Renewal
Page 1 of 2
RESOLUTION NO.
A RESOLUTION APPROVING A 2012 EMPLOYEE BENEFITS PACKAGE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves
the 2012 employee benefits package as recommended in the staff memorandum attached as
Exhibit"A".
PASSED and APPROVED this 16th day of August, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer
A. 10
Benefits Renewal
Page 2 of 2
C.6
RZN 11-3883
(636 South Foster Lane)
Page 1 of 14
August 3,2011
Dear Council Members:
Subject: RZN I1-3883 (Double Springs and Foster Lane)
In 2006 my land was annexed into the city of Fayetteville. My property is literally on the border
of Fayetteville's city limits. It bothers me greatly to think that property owners who are on the outer
limits might not be offered the full protection of zoning ordinances that citizens who are more centrally
located are afforded. I do not have the benefit of city water or city sewer even though the water from the
new sewage treatment plant runs through my back yard. However, I accepted this because I felt that the
benefit of city zoning and ordinances would offset the negatives.
Now it appears that zoning ordinances aren't as protected as one would think.The area of the
proposed rezoning is currently zoned residential 1 with adjacent properties also zoned the same. This
zoning allows for single family homes.The new property owner is requesting rezoning to allow for a
horse. Residential,not agricultural, is the zoning that the citizens petitioned for in 2006 and the city
agreed upon at the time of annexation. Here is my concern: the surrounding citizens essentially entered
into a contract with the city of Fayetteville in which the city would enforce the zoning regulations that
were agreed upon at the time of annexation. Surrounding homeowners did not apply for annexation
without thought or examination. Many discussions were held prior to arriving at the decision to zone
residential,not agricultural. City ordinance number 4923 specifically stated that agricultural land could
be annexed(and it was)but in the future `prospective uses will likely be determined to be higher and
better use than agricultural or horticultural purposes."Current agricultural practices were
"grandfathered" in but would not be allowed to continue indefinitely into the future.
Citizens purchase property within zones for specific reasons and protections. Ideally, a purchaser
would only buy land suitable for his or her intended purpose and failure to do so should not be a
detriment to surrounding neighbors. Decisions that were made previously should not be negated because
it no longer suits one individual. Zoning issues must viewed on a long term basis,not on a case by case
basis. Failure to take a long term view results in a hodge-podge approach which eventually will
negatively affect all area property owners. This is especially true in the outlying area as we are
transitioning into a more residential area. Zoning ordinances within city limits offer homeowners security
and comfort knowing that their property values are being protected.Zoning ordinances should be upheld
on the perimeter of the city just as they would be in any other part of our city. As a life-long resident of
the area, it saddens me to know we as a city may be taking a step backwards.
Fayetteville is viewed as a progressive city with a high quality of life. Sometimes progress comes
with knowing when to say"no."This request for rezoning should be denied on the basis that the city
should uphold the zoning ordinances agreed upon in 2006 regardless if the property is on the outskirts of
Fayetteville or sitting in the middle of town. If this rezoning passes, it indicates that for those of us on the
outskirts,Fayetteville's zoning ordinances are not ordinances at all,merely suggestions. It is unfortunate
that the homeowner did not research the zoning prior to the time the purchase of the property: however,
do the wishes of one new property owner supersede the rights of the surrounding homeowners who are
complying with the city's zoning regulation? If so,then it appears that the city's zoning ordinances are
becoming a menu of self-select options which do not offer the citizens the zoning protections they voted
for.
Sincerely,
Trina Pergeson
8333 Goose Creek Rd.
Farmington,AR
72730
C.6
RZN 11-3883
(636 South Foster Lane)
Page 2 of 14
Dear Council Members,
Thank you for taking the time to discuss with us the rezoning request on the corner of
Double Springs and Foster Lane. Our entire neighborhood is distraught over this proposal.
I have reviewed your information packet for this rezoning and have found several
mistakes in your planning staff s report that are vital to your understanding of our position.
I am not sure if we have ever really met or not, so I will take a few minutes to introduce
myself. My name is Heather Dumas. I worked for the City of Fayetteville's Planning Department
during the mid-90's,then severed as City Clerk from 1998- 2002 before returning back to the
Farmington area to serve as their City Manager for two years. During my time at Fayetteville I
worked to help develop what they referred to then as the UDO,Unified Development Ordinance.
During my tenure at the city, Fayetteville experienced unprecedented growth which in
turn led to intensive debates over proper land use and growth management.Needless to say I
have sat through hundreds, if not thousands of hours, of meetings regarding the growth,
planning, and the services of our city. My degree in Landscape Architecture further enhances my
understanding of issues relating to appropriate land use. I am by no means a novice when it
comes to the discussion of development,the appropriate uses of land, and interpretation of codes
and ordinances.
In 2006, twenty-six property owners chose to annex over 405 acres into the City of
Fayetteville. This effort closed the gap between the City of Farmington and the City of
Fayetteville between Double Springs Road and 54th Street. At this time this area had over five
subdivisions under review with over 1,500 homes proposed of all which were located in the
County and were going to be developed to county standards.
All this potential development spurred a race between the cities of Farmington and
Fayetteville over who would annex this area into their city limits. Farmington was the first to file
for a special election to annex, which basically meant this entire 405 acres was going into the
City of Farmington and there was nothing the City of Fayetteville could do about it.
Being in the unique position of having worked for both cities, I knew the advantage and
disadvantages of each one on a very intimate level and personally did not want to be annexed
into Farmington. After extensive discussions involving the pros and cons of each city with
family,neighbors, and fellow property owners,we retained an attorney and petitioned to be
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annexed into the city of Fayetteville. Fortunately, we were able to pull it all together and meet all
the requirements set forth by the State of Arkansas with one day to spare. I want to stress to you
that this was not an easy or inexpensive accomplishment for us. Had we made one mistake or
delayed our actions by one day all of this property would now be located within Farmington City
limits and they would be collecting our tax dollars.
The twenty-six people who signed the petition unanimously agreed and truly believed the
City of Fayetteville's development and zoning regulations could and would protect our personal
interest much better than Farmington's regulations could. I would like to make it clear that none
of us,especially the old timers with the largest parcels of farm land, wanted our way of life to
change,but we are practical people. We realized that it was just a matter of time before this area
was entirely residential as it was the only realistic use left for the land. It had become too
expensive to purchase as farmland. No one would ever be able to cash flow a real farm if they
purchased the land at market value and none of children were interested in farming. Thus,we
made the conscious decision to be annexed in as Residential property rather than Agriculture.
Why should we be naive enough to believe this property will remain farm land?I realize that
your future land use plans suggest such a use, but for all practical purposes, unless you inherit a
farm in this location, you could never afford to purchase and use this land for agricultural
purposes, unless you intend to build chicken houses.
At the time of annexation extensive discussions were held involving the appropriate use
and density of the 400 acres. Although much higher density was debated, it was ultimately
agreed upon that we would be zoned RSF-1, one single family home per acre,which is consistent
with the surrounding new developments: Silverthorne and Legacy. Both City Planner, Tim
Conklin and City Attorney, Kit Williams cautioned us that the future use would more than likely
be a higher use than what we were requesting. This belief was so firmly held that Kit attached a
letter dated August 26, 2006, to Ordinance 4923 (which annexed and zoned the 405 acres)which
stated, "prospective uses will likely be determined to be a higher and better use than agricultural
or horticultural purposes."
I am concerned and a little perplexed over the change in interpretation of city codes and
zoning regulations. Formerly, the highest and best use of a piece of property was always stressed.
Recommending non-conforming uses or rezonings that did not meet minimum requirements
were unheard of What has happened?Are we as citizens able to rely on any of the protections
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we spent years, if not decades developing or are we back to riding roughshod over our own
property?
Our concerns are:
We specifically annexed and zoned this property Residential Single Family. Why
are we not being afforded the same protection as property owners in the middle of town?
Why does the interest of one new property owner, who failed to research the
zoning before purchasing the property,have the right to undo what took months to deliberately
accomplish?Remember that zoning runs with the land and not the owner. Once this property is
rezoned R-A any property owner who subsequently purchases this property has the right to put
anything allowed in R-A on the property.
Please review the following sections of the City's UDC in regards to this petition and
staff report:
o Chapter 150: General Provisions
150.02 Purpose. The UDC is adopted for the purpose of implementing the
Comprehensive Land Use Plan...The UDC provides for, but is not limited to,
development of land uses which protect established neighborhoods, and
commercial and industrial districts...
One of the main purposes of the UDC is to protect existing neighborhoods. This
area specifically annexed and request RSF-I zoning for protection from this
type of use.
150.07 Conflicts.
(a)UDC/other code requirements. The provisions of the UDC shall be held to be
minimum requirements. Where requirements of the UDC are at a variance with
other requirements within the Code of Fayetteville, the highest or most restrictive
requirements shall apply.
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RSF-I is considered to be a highest and better use than R A both in uses
permitted and units per acre. RSF-I allows one house per acre. R A allows one-
half, which means one house per two acres. This particular parcel of land is
1.29 acres which is 68% of the required acreage for a home in R A.
(b) UDC/UDC. Where conflict arises between one section of the UDC and
another section of the UDC, the most stringent section shall apply.
R A requires 20'side setback from property line. Section 164.04 Animals and
Fowl(E)Separation of use. The following uses, where permitted shall be
conducted no nearer than the following stated number of feet to the boundary
of an R District, or to a dwelling on the same premise. Boarding or Training of
horses-100 feet. Farm:for raising cattle,goats,horses,sheep, rabbits and
poultry-100 feet. Livestock:assembly, breeding,feeding,sales or shipment-200
feet. If this property were to be rezoned the boarding, training or feeding of a
horse would not be allowed within 100 feet along three sides of this property.
The lot is only 186.77 feet wide. Contrary to Staffs comments at the July 25
Planning Commission meeting, nowhere in this section does the word
"commercial"exist
(c)UDC/Comprehensive Land Use Plan. The regulations contained herein are
adopted given due consideration to the Comprehensive Land Use Plan. Thus, the
requirements of the UDC shall take precedence over the policies of the
Comprehensive Land Use Plan. Any conflict therewith should not be considered
basis for challenge.
Staffs report states that R A zoning is in compliance with the Comprehensive
Land Use Plan.Although this area is designated in CL UP as agricultural,
Ordinance 4923 annexes this area pursuant to A.C.A 14-40-501 and rezones the
property as provided in 161.01(E).
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150.11 Compliance. Any permit, certificate, etc.,which is issued in compliance
with the regulations set forth in this UDC, is issued only for the stated purpose.
No other use, arrangement, construction, etc. is authorized. Any use at variance
therewith shall be deemed a violation of this UDC.
A Conditional Use Permit for an accessory building was granted by the
Planning Commission on August 8, 2010 per applicants request specifically for
a shed and garage and house lawn equipment and home business, however,
permit was issued for a barn and a barn was constructed. Please refer to
applicant's letter dated September 30, 2010, and review Planning Commission
meeting tape on the city's website, in addition to letter protesting Conditional
Use because the intended use of the structure was for a barn.
Section 161.01 Application of District Regulations,
Minimum regulations/exceptions. The regulations set by this chapter within each
district shall be minimum regulations and shall apply uniformly for each class
or kind of structure or land,
Section 161.05 RSF-1, Residential Single Family,Purpose.
The district is designed to permit and encourage the development of very low
density detached dwellings in suitable environments, as well as to protect
existing developments of these types.
Section 161.03,District R-A,Residential-Agricultural
161.03 Purpose.The regulations of the agricultural district are designed to
protect agricultural land until an orderly transition to urban development has been
accomplished....increase scenic attractiveness; and conserve open space.
This area has already transitioned from Agricultural to Residential zoning and
is moving toward urban development.Due to the economy this transition has
stalled, but will resume again sometime in the future. When this property was
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zoned RSF-I there were five subdivisions going through the development
process with over 1,500 units planned. Since 2000 this area as seen the addition
of the Westside Wastewater Treatment Facility, the Boys and Girls Club, Owl
Creek School, Catherine Nursing Home, Cross Creek Subdivision,Legacy
Point, Silverthorne Addition I and 77, Owl Creek Subdivision and Pop Williams
Elementary School. Bridges and rights-of-way have been built to collector street
standards or higher.
161.03 Permitted uses: Agriculture, animal husbandry,manufactured homes,
animal boarding and training.
Zoning runs with the land and not the land owner. Once a property is rezoned
anything allowed in that zoning district may be allowed as a use by right. While
this particular property owner may intent on only a single horse, the subsequent
owners could house or farm any number or kind of animal they wanted and it
would be well within their right to do so.
161.03 Density.Units per acre One-half.
One-half units per acre equates to one unit per two acres. This property is 1.29
acres which is a long way from 2 acres, even if you round up.
161.03 Bulk and Area Regulations. Lot width minimum 200 feet. Lot area
minimum 2 acres. Front setback 35 feet.
Property is 1.29 acres.A lot width of 186.77 feet and a front setback of 18 feet
along the front of Foster Lane. This is simply does not meet minimum
standards as set forth by the UDC.
161.02 Certificate of Zoning Compliance
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(a)Required. It shall be unlawful to use or occupy permit the use or occupancy
of any building or premises, or both...until a certificate of zoning compliance
shall be issued therefore by the Zoning and Development Administrator stating
that the proposed use of the building or land conforms to the requirements of this
chapter.
The property cannot be occupied as R A, unless the Zoning and Development
Administrator intends to state a falsehood on the Certificate of Zoning
Compliance because it does not meet the minimum standards as set forth in
UDC for R A.
Chapter 156: Variances:
Section 156.02 Zoning Regulations:
(A) General Provisions.A variance shall not be granted unless and until an
applicant demonstrates:
(1) Special Conditions. That special conditions and circumstances exist
which are peculiar to the land, structure, or building involved and which are not
applicable to other lands, structures, or building in the same district.
No special conditions exit. This lot was created and zoned specifically to be used
as Residential one unit per acre and can be used for that purpose.
(2)Deprivation of rights. That literal interpretation of the provisions of the
zoning regulations would deprive the applicant of rights commonly enjoyed by
other properties in the same district under the terms of the zoning regulations.
The applicant has the same and full rights as all other property owners in the
area zoned RSF-1. He can use his property as requested and stated in his
Conditional Use Permit issued November 8, 2010.
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(3) Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
All non-conforming issues are a direct result of the applicants request for
rezoning. Therefore he is not even allowed to ask for a variance.
(4)No Special Privileges. That the granting the variance requested will not
confer on the applicant any special privilege that is denied by Zoning, Chapters
160-165, to other lands, structures, or building in the same district.
This request will violate section164.04,Animals and Fowl(E) and will deprive
surrounding neighbors of their rights of protection under this ordinance. It will
also deprive adjoining property owners of their rights stated in 161.05(a) and
150.02.
(5)Nonconforming uses. No nonconforming use of neighboring lands,
structures, or building in the same district, and no permitted or nonconforming use
of lands, structures, or building in other districts shall be considered grounds for
the issuance of a variance.
The only conforming use of livestock anywhere near this property is to the south
and it is a large farm located within Farmington City limits. The property to the
west across Double Springs Road is in Fayetteville and is zoned RSF-1. It is
100% in the flood plain and has not been used for any purpose in the past 30
years. At one time it was used as a pasture, but it is now an overgrown thicket.
The property to the north is slightly larger at approximately 1.5 acres and is
zoned RSF-1. One house is there, no horses, cattle or other livestock reside there
except for two dogs and two kids. The property to the east is the largest of the
three and is well under 1.75 acres. One mobile home is located there, no livestock
or other wild animals exist there except for a Pomeranian and a few squirrels.
The other properties along Foster Lane are all Zoned RSF-1. They are all well
over 10 acres, with one exception. None of these properties have any form of
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