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Home My WebLink About2015-07-21 - 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 July 21, 2015 A meeting of the Fayetteville City Council was held on July 21, 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 July 7, 2015 City Council meeting minutes. APPROVED 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov 2. Homeland Security Investigations Task Force Funding: A resolution to approve a budget adjustment in the amount of $8,077.00 recognizing funding from the Homeland Security Investigations Task Force for the purchase of a new forensic computer system by the Police Department. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 117-15 3. Federal and State Law Enforcement Revenue: A resolution to approve a budget adjustment in the total amount of$100,993.00 recognizing revenue associated with federal and state law enforcement forfeitures and proceeds from the sale of a used vehicle on GovDeals.com. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 118-15 4. 2015-2016 Justice Assistance and State Drug Crime Enforcement Grant: A resolution to authorize acceptance of the 2015-2016 Justice Assistance and State Drug Crime Enforcement Grant for federal and state funding in the amount of $242,610.00, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 119-15 5. Insituform Technologies, Inc.: A resolution to approve a contract extension with Insituform Technologies, Inc. in an amount not to exceed $330,000.00 for sewer rehabilitation using cured-in-place sanitary sewer linings. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 120-15 6. Gallagher Benefits Services: A resolution to approve the annual renewal contract with Gallagher Benefits Services in the amount of$57,600.00 for the provision of city employee benefits broker services. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 121-15 7. Northwest Arkansas Economic Development District, Inc. General Improvement Fund Grant: A resolution to authorize acceptance of a General Improvement Fund Grant through the Northwest Arkansas Economic Development District, Inc. in the amount of $50,000.00 for the purchase of soccer goals for the Regional Park, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 122-15 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov 8. Garver, LLC Task Order No. 3: A resolution to approve Task Order No. 3 with Garver, LLC in the amount of$23,500.00 for design, bidding and construction oversight services for the Airport Airfield Marking Rehabilitation Project, to accept a 90/10 grant from the Arkansas Department of Aeronautics in the amount of $179,880.00, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 123-15 9. Bid No. 15-39 Goodwin & Goodwin, Inc.: A resolution to award Bid No. 15-39 and authorize a contract with Goodwin & Goodwin, Inc. In the amount of$755,654.50 for the construction of the Mission Boulevard and Old Wire road Intersection Water and Sewer Improvements Project,to approve a project contingency in the amount of$113,000.00, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 124-15 B. Unfinished 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. At the June 2, 2015 City Council meeting, this ordinance was left on the first reading. At the June 16, 2015 City Council meeting, this ordinance was left on the second reading.At the July 7, 2015 City Council meeting, this ordinance was left on the third reading and tabled to the July 21, 2015 City Council meeting. THIS ORDINANCE WAS TABLED TO THE AUGUST 4, 2015 CITY COUNCIL MEETING C. Public Hearing 1. Bear State Bank/Garlan and Georgia Reading Trust Condemnation and Possession: A resolution to authorize the City Attorney to seek condemnation and possession of certain lands owned by Bear State Bank, formerly known as First Federal Bank, or its assigns, and the Garlan and Georgia Reading Trust needed for the extension of Rupple Road from Persimmon Street to Martin Luther King, Jr. Boulevard. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 125-15 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov 2. East Mission Boulevard Municipal Multipurpose Property Owners' Improvement District No 34: An ordinance to establish and lay off East Mission Boulevard Multipurpose Property Owners' Improvement District No. 34 of Fayetteville, Arkansas. THIS ORDINANCE WAS TABLED INDEFINITELY D. New Business 1. Arkansas Highway and Transportation Department Payment: A resolution to approve a payment of $170,000.00 to the Arkansas Highway and Transportation Department for the additional cost of a shared use path on the Highway 112 bridge across Interstate 49. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 126-15 2. VAC 15-5078 (East of 4148 W. MLK Blvd./Hollands Subdivision): An ordinance to approve VAC 15-5078 submitted by city staff for property located east of 4148 W. Martin Luther King Boulevard to vacate undeveloped street right-of-way. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5786 3. VAC 15-5080 (Weir & Salem Rds./Holcomb Heights Subdivision): An ordinance to approve VAC 15-5080 submitted by Riverwood Homes for property located at Weir & Salem Roads to vacate Weir Road right-of-way and portions of existing utility easements within the Holcomb Heights Subdivision. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5787 4. Raising Cane's Building Appeal: A resolution to grant the appeal of Ken's Signs and to approve the requested variance for the length of neon lighting for Raising Cane's building. THIS RESOLUTION FAILED 5. Arkansas Legacy LLC Appeal: An ordinance rezoning that property described in Rezoning Petition RZN 15-5066, for approximately 3.98 acres, located at 1338 and 1326 W. Cleveland Street from RMF-24, Residential Multi-Family, 24 units per acre and RSF- 4, Residential Single-Family, 4 units per acre to DG, Downtown General subject to a Bill of Assurance. THIS ORDINANCE WAS LEFT ON THE FIRST READING 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov 6. City Council's Intention to Purchase the Fayetteville Chamber of Commerce Building: A resolution to express the City Council's intention to investigate a possible purchase of the Fayetteville Chamber of Commerce building on Mountain Street. THIS RESOLUTION WAS TABLED TO THE AUGUST 4, 2015 CITY COUNCIL MEETING. Announcements City Council Agenda Session Presentations City Council Tour Adjournment: 8:21 p.m. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov City Council Meeting: July 21, 2015 Adjourn: -A,j Subject: ROLL Gray Marsh limon Petty Tennant Schoppmeyer La Tour Long Mayor Jordan Subject: Motion To: Motion By: Seconded: Gray Marsh Kinion Petty Tennant Schoppmeyer La Tour Long Mayor Jordan City Council Meeting: July 21,2015 Subject: CONSENT Motion To: Motion By: Seconded: Gray Marsh Kinion Petty Tennant Schoppmeyer La Tour Long Mayor Jordan Subject: Motion To: Motion By: Seconded: Gray Marsh Kinion Petty Tennant Schoppmeyer La Tour Long Mayor Jordan City Council Meeting: July 21,2015 Subject: RZN 15-5044 (4065 E. HUNTSVILLE RD./THE PLAZA) Motion To: Motion By: 7 n � Seconded: B 1 Gray Unfinished Marsh Business Kinion t Petty Tennant Schoppmeyer La Tour Long Mayor Jordan Subject: Motion To: Motion By: Seconded: Gray Marsh Kinion Petty Tennant Schoppmeyer La Tour Long Mayor Jordan City Council Meeting: July 21,2015 BEAR STATE BANK/GARLAN AND GEORGIA READING TRUST CONDEMNATION Subject: AND POSSESSION : Motion To: Motion By: Seconded: C. 1 Gray Public Marsh Hearing Kinion Petty s 1 Tennant Schoppmeyer La Tour �f) Long 1J Mayor Jordan rr 0; EAST MISSION BOULEVARD MUNICIPAL MULTIPURPOSE PROPERTY OWNERS' Subject: IMPROVEMENT DISTRICT NO 34 Motion To: Motion By: � \ , Seconded: r „rl C. 2 Gray Public Marsh Hearing Kinion Petty Tennant choppmeyer La Tour Long Mayor Jordan City Council Meeting: July 21,2015 Subject: ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT PAYMENT Motion To: Motion By: Seconded: D. 1 Gray New Marsh Business Kinion Petty Tennant 1 Schoppmeyer a La Tour Lon .i g r ' Mayor Jordan Subject: VAC 15-5078 (EAST OF 4148 W. MLK BLVD./HOLLANDS SUBDIVISION) Motion To: Motion By: Seconded: " D. 2 Gray New Marsh g e� Business Kinion Petty 1 Tennant - � of ; Schoppmeyer La Tour Long Mayor Jordan City Council Meeting: July 21, 2015 Subject: VAC 15-5080 (WEIR& SALEM RDS./HOLCOMB HEIGHTS SUBDIVISION) Motion To: Motion By: Seconded: 4 D. 3 Gray New Marsh Business Kinion Petty Tennant Schoppmeyer La Tour Long IMayor Jordan 101 Subject: RAISING CANE'S BUILDING APPEAL Motion To: Motion By: Seconded: D. 4 Gray New Marsh Business Kinion Petty Tennant Schoppmeyer La Tour Long Mayor Jordan City Council Meeting: July 21,2015 Subject: ARKANSAS LEGACY LLC APPEAL Motion To: Motion By: Seconded: D. 5 Gray New Marsh Business Kinion Petty Tennant Schoppmeyer .. s La Tour Long Mayor Jordan CITY COUNCIL'S INTENTION TO PURCHASE THE FAYETTEVILLE CHAMBER OF Subject: COMMERCE BUILDING Motion To: � Motion By: Seconded: 1 D. 6 Gray New Marsh Business Kinion Petty Tennant Schoppmeyer La Tour Long Mayor Jordan sil DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington TO: Mayor Jordan Assistant City Attorney Patti Mulford THRU: Sondra Smith,City Clerk Paralegal FROM: Kit Williams,City Attorney( DATE: July 22, 2015 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of July 21,2015 1. A resolution to approve a budget adjustment in the amount of $8,077.00 recognizing funding from the Homeland Security Investigations Task Force for the purchase of a new forensic computer system by the Police Department. 2. A resolution to approve a budget adjustment in the total amount of $100,993.00 recognizing revenue associated with federal and state law enforcement forfeitures and proceeds from the sale of a used vehicle on govdeals.com. 3. A resolution to authorize acceptance of the 2015-2016 Justice Assistance and State Drug Crime Enforcement Grant for federal and state funding in the amount of $242,610.00, and to approve a budget adjustment. 4. A resolution to approve a contract extension with Insituform Technologies, Inc. in an amount not to exceed $330,000.00 for sewer rehabilitation using cured-in-place sanitary sewer linings. 5. A resolution to approve the annual renewal contract with Gallagher Benefits Services in the amount of $57,600.00 for the provision of city employee benefits broker services. 6. A resolution to authorize acceptance of a General Improvement Fund Grant through the Northwest Arkansas Economic Development District, Inc. in the amount of $50,000.00 for the purchase of soccer goals for the Regional Park, and to approve a budget adjustment. 7. A resolution to approve task order no. 3 with Garver, LLC in the amount of $23,500.00 for design, bidding and construction oversight services for the Airport Airfield Marking Rehabilitation Project, to accept a 90/10 grant from the Arkansas Department of Aeronautics in the amount of $179,880.00, and to approve a budget adjustment. 8. A resolution to award bid no. 15-39 and authorize a contract with Goodwin & Goodwin, Inc. in the amount of $755,654.50 for the construction of the Mission Boulevard and Old Wire Road intersection water and sewer improvements project, to approve a project contingency in the amount of $113,000.00, and to approve a budget adjustment. 9. A resolution to authorize the City Attorney to seek condemnation and possession of certain lands owned by Bear State Bank, formerly known as First Federal Bank, or its assigns, and the Garlan and Georgia Reading Trust needed for the extension of Rupple Road from Persimmon Street to Martin Luther King,Jr. Boulevard. 10. A resolution to approve a payment of $170,000.00 to the Arkansas Highway and Transportation Department for the additional cost of a shared use path on the Highway 112 bridge across Interstate 49. 2 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 e Form-M Meeting Agenda - Final Agenda Tuesday, July 21, 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 July 21,2015 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 1. 2015-0320 CITY COUNCIL PRESENTATION OF THE 2014 ANNUAL AUDIT REPORT PRESENTED BY PAUL BECKER. Agenda Additions: A. Consent: A. 1 2014-0507 APPROVAL OF THE JULY 7, 2015 CITY COUNCIL MEETING MINUTES. A. 2 2015-0286 HOMELAND SECURITY INVESTIGATIONS TASK FORCE FUNDING A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $8,077.00 RECOGNIZING FUNDING FROM THE HOMELAND SECURITY INVESTIGATIONS TASK FORCE FOR THE PURCHASE OF A NEW FORENSIC COMPUTER SYSTEM BY THE POLICE DEPARTMENT Attachments: SRP- FRED BA- FRED City of Fayetteville,Arkansas Page 2 Printed on 711612015 City Council Meeting Meeting Agenda-Final Agenda July 21,2015 A. 3 2015-0292 FEDERAL AND STATE LAW ENFORCEMENT REVENUE A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $100,993.00 RECOGNIZING REVENUE ASSOCIATED WITH FEDERAL AND STATE LAW ENFORCEMENT FORFEITURES AND PROCEEDS FROM THE SALE OF A USED VEHICLE ON GOVDEALS.COM Attachments: SRP- Forfeitures BA- Forfeitures-July 2015 A. 4 2015-0306 2015-2016 JUSTICE ASSISTANCE AND STATE DRUG CRIME ENFORCEMENT GRANT A RESOLUTION TO AUTHORIZE ACCEPTANCE OF THE 2015-2016 JUSTICE ASSISTANCE AND STATE DRUG CRIME ENFORCEMENT GRANT FOR FEDERAL AND STATE FUNDING IN THE AMOUNT OF $242,610.00,AND TO APPROVE A BUDGET ADJUSTMENT Attachments: 2015-16 JAG&State Drug Crime Grant Award BA- FY2015 DTF A. 5 2015-0302 INSITUFORM TECHNOLOGIES,INC. A RESOLUTION TO APPROVE A CONTRACT EXTENSION WITH INSITUFORM TECHNOLOGIES, INC. IN AN AMOUNT NOT TO EXCEED $330,000.00 FOR SEWER REHABILITATION USING CURED-IN-PLACE SANITARY SEWER LININGS Attachments: 2015 Insituform CIPP Sewer Rehabilitation Agenda Packet A. 6 2015-0304 GALLAGHER BENEFITS SERVICES A RESOLUTION TO APPROVE THE ANNUAL RENEWAL CONTRACT WITH GALLAGHER BENEFITS SERVICES IN THE AMOUNT OF $57,600.00 FOR THE PROVISION OF CITY EMPLOYEE BENEFITS BROKER SERVICES Attachments: Gallagher Benefit Services Contract Renewal Packet City of Fayetteville,Arkansas Page 3 Printed on 711612015 City Council Meeting Meeting Agenda-Final Agenda July 21,2015 A. 7 2015-0307 NORTHWEST ARKANSAS ECONOMIC DEVELOPMENT DISTRICT,INC.GENERAL IMPROVEMENT FUND GRANT A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A GENERAL IMPROVEMENT FUND GRANT THROUGH THE NORTHWEST ARKANSAS ECONOMIC DEVELOPMENT DISTRICT, INC. IN THE AMOUNT OF $50,000.00 FOR THE PURCHASE OF SOCCER GOALS FOR THE REGIONAL PARK, AND TO APPROVE A BUDGET ADJUSTMENT Attachments: 2015-0307 NWAEDD GIF Grant Award BA(Agenda Item)- Regional Park grant for soccer goals 7-21-15 A. 8 2015-0311 GARVER, LLC TASK ORDER NO. 3 A RESOLUTION TO APPROVE TASK ORDER NO. 3 WITH GARVER, LLC IN THE AMOUNT OF $23,500.00 FOR DESIGN, BIDDING AND CONSTRUCTION OVERSIGHT SERVICES FOR THE AIRPORT AIRFIELD MARKING REHABILITATION PROJECT, TO ACCEPT A 90/10 GRANT FROM THE ARKANSAS DEPARTMENT OF AERONAUTICS IN THE AMOUNT OF $179,880.00, AND TO APPROVE A BUDGET ADJUSTMENT Attachments: Legistar 2015-0311 GarverT03 ADAGrant 070215 BA FORM LEGISTAR Garver T03 ADA Grant 070215 A. 9 2015-0309 BID NO. 15-39 GOODWIN & GOODWIN,INC. A RESOLUTION TO AWARD BID NO. 15-39 AND AUTHORIZE A CONTRACT WITH GOODWIN & GOODWIN, INC. IN THE AMOUNT OF $755,654.50 FOR THE CONSTRUCTION OF THE MISSION BOULEVARD AND OLD WIRE ROAD INTERSECTION WATER AND SEWER IMPROVEMENTS PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $113,000.00, AND TO APPROVE A BUDGET ADJUSTMENT Attachments: 2015-0309 OW Const Contract Purchase request for Goodwin&Goodwin Old Wire 06302015 BA Old Wire conduits and W-S 06302015 B. Unfinished Business: City of Fayetteville,Arkansas Page 4 Printed on 711612015 City Council Meeting Meeting Agenda-Final Agenda July 21,2015 B. 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 At the June 2, 2015 City Council meeting, this ordinance was left on the first reading. At the June 16, 2015 City Council meeting, this ordinance was left on the second reading.At the July 7,2015 City Council meeting, this ordinance was left on the third reading and tabled to the July 21, 2015 City Council meeting. C. Public Hearing: C. 1 2015-0310 BEAR STATE BANK/GARLAN AND GEORGIA READING TRUST CONDEMNATION AND POSSESSION A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY BEAR STATE BANK, FORMERLY KNOWN AS FIRST FEDERAL BANK, OR ITS ASSIGNS, AND THE GARLAN AND GEORGIA READING TRUST NEEDED FOR THE EXTENSION OF RUPPLE ROAD FROM PERSIMMON STREET TO MARTIN LUTHER KING, JR. BOULEVARD Attachments: 2015-0310 Rupple Acquisitions C. 2 2015-0318 EAST MISSION BOULEVARD MUNICIPAL MULTIPURPOSE PROPERTY OWNERS' IMPROVEMENT DISTRICT NO 34 AN ORDINANCE TO ESTABLISH AND LAY OFF EAST MISSION BOULEVARD MULTIPURPOSE PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 34 OF FAYETTEVILLE,ARKANSAS Attachments: Agenda Item East Mission Improvement District Improvement District State Code City Attorney Letter- East Mission Improvement District City of Fayetteville,Arkansas Page 5 Printed on 711612015 City Council Meeting Meeting Agenda-Final Agenda July 21,2015 D. New Business: D. 1 2015-0312 ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT PAYMENT A RESOLUTION TO APPROVE A PAYMENT OF $170,000.00 TO THE ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT FOR THE ADDITIONAL COST OF A SHARED USE PATH ON THE HIGHWAY 112 BRIDGE ACROSS INTERSTATE 49 Attachments: 2015-0312 Payment to AHTD Hwy 112 Shared Use Path D. 2 2015-0305 VAC 15-5078(EAST OF 4148 W. MLK BLVD./HOLLANDS SUBDIVISION) AN ORDINANCE TO APPROVE VAC 15-5078 SUBMITTED BY CITY STAFF FOR PROPERTY LOCATED EAST OF 4148 W. MARTIN LUTHER KING BOULEVARD TO VACATE UNDEVELOPED STREET RIGHT-OF-WAY Attachments: 15-5078 CC Exhibits 15-5078 CC reports D. 3 2015-0303 VAC 15-5080(WEIR& SALEM RDS./HOLCOMB HEIGHTS SUBDIVISION) AN ORDINANCE TO APPROVE VAC 15-5080 SUBMITTED BY RIVERWOOD HOMES FOR PROPERTY LOCATED AT WEIR & SALEM ROADS TO VACATE WEIR ROAD RIGHT-OF-WAY AND PORTIONS OF EXISTING UTILITY EASEMENTS WITHIN THE HOLCOMB HEIGHTS SUBDIVISION Attachments: 15-5080 CC Exhibits 15-5080 CC Reports City of Fayetteville,Arkansas Page 6 Printed on 711612015 City Council Meeting Meeting Agenda-Final Agenda July 21,2015 D. 4 2015-0296 RAISING CANE'S BUILDING APPEAL A RESOLUTION TO GRANT THE APPEAL OF KEN'S SIGNS AND TO APPROVE THE REQUESTED VARIANCE FOR THE LENGTH OF NEON LIGHTING FOR RAISING CANE'S BUILDING Attachments: 15-5004 Full Report D. 5 2015-0316 ARKANSAS LEGACY LLC APPEAL AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5066,FOR APPROXIMATELY 3.98 ACRES, LOCATED AT 1338 AND 1326 W. CLEVELAND STREET FROM RMF-24,RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE AND RSF-4,RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE TO DG, DOWNTOWN GENERAL SUBJECT TO A BILL OF ASSURANCE Attachments: 15-5066 EX A& B 15-5066 Full Report D. 5 Additional Arkansas Legacy D. 6 2015-0324 CITY COUNCIL'S INTENTION TO PURCHASE THE FAYETTEVILLE CHAMBER OF COMMERCE BUILDING A RESOLUTION TO EXPRESS THE CITY COUNCIL'S INTENTION TO INVESTIGATE A POSSIBLE PURCHASE OF THE FAYETTEVILLE CHAMBER OF COMMERCE BUILDING ON MOUNTAIN STREET Attachments: Agenda Request Packet City Council intent to purchase Chamber Building E. City Council Agenda Session Presentation: E. 1 2015-0300 AGENDA SESSION PRESENTATION - 2014 ANNUAL AUDIT REPORT PRESENTED BY CHAIRMAN OF THE AUDIT COMMITTEE E. 2 2015-0213 AGENDA SESSION PRESENTATION-ECONOMIC DEVELOPMENT QUARTERLY REPORT,CHUNG TAN F. City Council Tour: City of Fayetteville,Arkansas Page 7 Printed on 711612015 City Council Meeting Meeting Agenda-Final Agenda July 21,2015 G. Announcements: H. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE 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. City of Fayetteville,Arkansas Page 8 Printed on 711612015 City Council Meeting Meeting Agenda-Final Agenda July 21,2015 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. 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 9 Printed on 711612015 EXHIBIT#4 (Revision 1 - 7/10/15) BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner") Arkansas Legacy LLC, hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. Development of the property will be constructed as substantially shown on the attached Arkansas Legacy Master Plan labeled as Exhibit#5. Exhibit#5 has been included as a part of this Bill of Assurance in order to show the following site planning characteristics that are being proposed: a) The general horizontal alignment of the proposed new streets. b) The general location of the proposed tree preservation areas. c) The general location and massing of the proposed buildings in relation to the street. d) The general location of the proposed rear lanes and the concept that most of the immediate vehicular access to off-street parking is located to the rear of the buildings and generally not visible from the front of the homes or the street. 2. Development of the property will be limited to the following permitted uses as defined by the City of Fayetteville Unified Development Code:single-family dwellings, two- family dwellings, three-family dwellings, multi-family dwellings, cottage housing develop- ment, and home occupations. 3. Development of the property will be limited to no more than fifty-four (54) total dwelling units. No more than thirty (30) dwelling units will be located on or use New Streets #I and #2 for the required street frontage. 4. Development of the property will be limited to construction of new buildings that do not exceed thirty (30) feet in height, as measured from the soffit to the finished grade around the outside perimeter of the building. 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, ' as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. Date Printed Name Address Signature NOTARY OATH STATE OF OREGON } COUNTY OF MARTON-— } And now on this the day of 2015 appeared before me, , a Notary Public, and after being placed upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. NOTARY PUBLIC My Commission Expires: MLYMMad A •� F D � _ y ® r74D. D '431 + p, Eifff{.� 90. r/q -j F F Ii,q, F av Ira .t� FWP y i� ILr �ii,�e��.11F!4[%,E 2 AWWI l x D D G `7 ,rcr- Chi s ti -lz ARKANSAS LEGACY DEVELOPMENT — Community Group Presentation 7 4• Exhibit#6 -Arkansas Legacy Master Plan Presentation Slides 4/24/2015 (Slides 1-22) ARKANSAS LEGACY DEVELOPMENT Introduction —Community By Design community- by-design. ■ ■ a.r■ m = fill • . s. ! ,.�t��#tom\ TOWN PLANNING.URBAN ENGINEERING Brian Teague, P.E. Principal brian@communitybydesignllc.com Community By Design was founded with the intent of providing the community with planning and engineering consultants who understand and encourage compact, walkable, livable neighborhoods. 2 Exhibit#6 -Arkansas Legacy Master Plan Presentation Slides 4/24/2015 (Slides 1-22) ARKANSAS LEGACY DEVELOPMENT Introduction — deMx Architecture Tim Maddox, AIA Landon Foster, AIA Principal Project Architect www.demxarchitecture.com 3