HomeMy WebLinkAbout2014-02-18 - Agendas - Final Aldermen
Mayor Lioneld Jordan Ward I Position 1 —Adella Gray
a e e Ward 1 Position —Sarah Marsh
City Attorney
Attorney Kit Williams Ward 2 Position —Mark Kinion
Ward Position 2—Matthew Petty
City Clerk Sondra E.Smith TWard 3 Position 1—Justin Tennant
ARKANSAS Ward 3 Position 2—Martin W. Schoppmeyer,Jr.
Ward 4 Position 1 —Rhonda Adams
Ward 4 Position 2—Alan T.Long
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
February 18, 2014
A meeting of the Fayetteville City Council will be held on February 18, 2014 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:
1. Amend §92.01 Definitions, §92.23 Impoundment and §92.24 Redemption of
Animals: An ordinance to Amend §92.01 Definitions, §92.23 Impoundment and §92.24
Redemption of Animals of the Fayetteville Code to authorize the Animal Shelter to
accept livestock and set the redemption fee for their release.
LEFT ON THE FIRST READING
A. Consent:
1. Approval of the February 04, 2014 City Council meeting minutes. APPROVED
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
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2. McClelland Consulting Engineers, Inc. Task Order No. 10: A resolution to approve
Task Order No. 10 with McClelland Consulting Engineers, Inc. in the amount of
$36,050.00 for project design and bidding services associated with the Terminal Apron
Rehabilitation Project and to approve a budget adjustment of$36,050.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 33-14
3. Garver Engineers, LLC: A resolution approving a contract with Garver Engineers,
LLC in an amount not to exceed $352,879.00 for the design of Rupple Road from Starry
Night View to Mount Comfort Road, and to approve a budget adjustment of$352,879.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 34-14
4. Community Development Block Grant (CDBG) Agreement: A resolution authorizing
the Mayor to execute the Community Development Block Grant (CDBG) Agreement for
2014 when received in the estimated amount of $540,700.00 and approving the 2014
Action Plan.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 35-14
5. Amend Resolution No. 07-14: A resolution amending Resolution No. 07-14 to change
the awarding of Bid #14-04 for the purchase of hillside gravel from Leming & Son
Trucking, Inc. to Les Rogers, Inc. for materials picked up in the amount of$1.49 per ton
and authorizing the use of other bidders based on price and availability as needed through
the end of calendar year 2014.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 36-14
6. Combs Park Tree Mitigation: A resolution approving a budget adjustment in the total
amount of$4,250.00 to transfer a tree escrow balance for the planting of mitigation trees
in Combs Park.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 37-14
7. 2014 Keep America Beautiful/Dr. Pepper Snapple Group Grant: A resolution
authorizing application for a 2014 Keep America Beautiful/Dr. Pepper Snapple Group
grant in the amount of$6,800.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 38-14
8. Rotochopper Go — Bagger: A resolution approving a budget adjustment in the amount
of$18,500.00 to recognize revenue received from the auction and sale of Unit 479 - 2005
Rotochopper Go-Bagger 250.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 39-14
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
B. Unfinished Business:
1. Amend Chapter 178: An ordinance to repeal §178.03 Sidewalk Vendors and enact a
replacement §178.03 Sidewalk Vendors and Food Trucks and to repeal §178.04 Outdoor
Mobile Vendors Located on Private Property and enact a replacement §178.04 Outdoor
Mobile Vendors Located on Private Property. This ordinance was left on the First
Reading at the November 19, 2013 City Council meeting and tabled to the December
17, 2013 City Council meeting. This ordinance was left on the First Reading at the
December 17, 2013 City Council meeting and Tabled to the January 21, 2014 City
Council meeting. This ordinance was left on the First Reading at the January 21, 2014
City Council meeting and Tabled to the February 18, 2014 City Council meeting.
TABLED TO THE MARCH 18, 2014 CITY COUNCIL MEETING
2. RZN 13-4538 (Razorback RoadNictory Commons): An ordinance rezoning that
property described in rezoning petition RZN 13-4538, for approximately 5.09 acres,
located at 731 S. Razorback Road from I-1, Heavy Commercial and Light Industrial, to
UT, Urban Thoroughfare. This ordinance was left on the First Reading at the
December 17, 2013 City Council meeting. This ordinance was left on the Second
Reading at the January 7, 2014 City Council meeting and Tabled to the February 4,
2014 City Council meeting. This ordinance was left on the Second Reading at the
February 5, 2014 City Council meeting and Tabled to the February 18, 2014 City
Council meeting.
TABLED INDEFINITELY
C. New Business:
1. Mt. Kessler Acquisition: A resolution to authorize Mayor Jordan to apply for and
accept a 50150 matching grant from the Walton Family Foundation in the amount of
$1,500,000.00, to use this grant and $1,600,000.00 out of reserves to purchase about 328
acres of Mt. Kessler from Chambers Bank and to build a trailhead, to approve a land
swap with Chambers Bank, to support a parkland dedication of about 48 acres for future
parkland credit and to approve the attached budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 40-14
2. Karcher North America, Inc.: A resolution to approve and certify the participation of
Karcher North America, Inc. in the Arkansas Tax Back Program and to agree to authorize
DF&A to refund city sales tax back to Karcher North America, Inc.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 41-14
3. ADM 13-4331 Amend Chapters 151, 162, 163 and 164: An ordinance to amend
§164.10 Garage and/or Agricultural and Produce Sales; §161.10 (X) Unit 24 Home
Occupation; §163.08 Home Occupations and §164.04 Urban Agriculture (fowl, bees, and
goats) of the Unified Development Code.
LEFT ON THE FIRST READING
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
4. Teeco Safety, Inc.: An ordinance waiving the requirements of formal competitive
bidding and approving a contract with Teeco Safety, Inc. in the amount of $192,344.50
for the purchase of taser products.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5662
5. Kum & Go, L.C. Agreement: A resolution to approve the fourth amendment to land
sale agreement with Kum & Go, L.C. to extend the closing date to no later than April 21,
2014 and to agree to equally share the City's portion of the costs of a dedicated left turn
lane.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 42-14
6. Reappropriating Bonded, On-Going Capital Projects and Containing Obligations:
A resolution to amend the 2014 adopted budget by reappropriating $75,497,000.00 in
bonded or ongoing capital projects, outstanding obligations and grant funded items.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 43-14
7. RZN 13-4536 (4310 Martin Luther King Blvd./Edwards): An ordinance rezoning that
property described in rezoning petition RZN 13-4536, for approximately 0.74 acres
located on the north side of west Martin Luther King Boulevard near the border of
Farmington from R-A, Residential Agricultural to CS, Community Services.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5663
8. ADM 13-4603: (UDC Amendment Chapter 161, Use Unit 44, Cottage Housing
Development): An ordinance to amend Chapter 161 of the Unified Development Code
to authorize Cottage Housing Development (UU-44) into zoning districts in which it was
originally approved by Ordinance No. 5462.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5664
D. City Council Agenda Session Presentations:
E. City Council Tour:
F. Announcements:
Adjournment: 9:45 p.m.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
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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.
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.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
City Council Meeting: February 18,2014 Adjourn: g 5 pm
Subject: Roll
Schoppmeyer
Adams
Long r/
Gray
Marsh
Kinion
Petty
Tennant ✓
Mayor Jordan ae-�'
Subject: 146t ol ; °� � ;a�y 7� fn fi a,ti 9�•.�3 iYF
Motion To: '�"l
Motion By:
Seconded:
Schoppmeyer ✓
Adams
- e Long
Gray ✓
Or' Marsh r/
Kinion
€rs Petty c/
Tennant
Mayor Jordan
�-d
City Council Meeting: February 18,2014
Subject: Consent
Motion To: VC,
Motion By: �
Seconded:
Schoppmeyer ✓
Adams
i Long ✓
wm
a Gray ✓
Gs Marsh ✓.
1 Kinion
Petty
33 -�
Tennant
Oq—�� Mayor Jordan
VO
Subject:
Motion To:
Motion By:
Seconded:
Schoppmeyer
Adams
Long
Gray
Marsh
Kinion
Petty
Tennant
Mayor Jordan
City Council Meeting: February 18,2014
Subject: Amend Chapter 178 TAW 4*.,
Motion To: Aw r k f1,
ago
Motion By:
Seconded:
B. 1 Schoppmeyer ,y,a
Unfinished Adams ✓
Business Long
Gray �^
a0. Marsh d
Kinion WOO-
;9; Ac,
Petty
Tennant
Mayor Jordan
g`d
Subject: RZN 13-4538 (Razorback RoadNictory Commons)
Motion To: � t
Motion By:
Seconded:
B 2 Schoppmeyer
Unfinished Adams ✓
Business Long ✓
Gray
Marsh
nion w/
Petty
Tennant
Mayor Jordan p
b Q
City Council Meeting: February 18,2014
Subject: Mt. Kessler Acquisition
Motion To: /)
/'T� rOV
Motion By: et7t7
Seconded:
C. 1 Schoppmeyer
New Adams
Business Long vs'
Gray
Marsh
Kinion
Petty '
Tennant gym„
�u-ISI Mayor Jordan
Subject: Karcher North America,Inc.
Motion To:
r
Motion By:
Seconded:
C 2 Schoppmeyer
New Adams
Business Long
Gray
std Marsh
Kinion r�
Petty
Tennant
Mayor Jordan
City Council Meeting: February 18,2014
Subject: ADM 13-4331 Amend Chapters 151, 162, 163 and 164
Motion To:
Motion By:
Seconded:
C.3 Schoppmeyer
New Adams
Business Long
� II Gray
d � Qrl
Marsh
Kinion
I.tvwx Petty
to
r Tennant
Mayor Jordan
Subject: Teeco Safety,Inc.
Motion To:
rd
Motion By:
Seconded:
C.4 Schoppmeyer �/ ✓
New Adams �/ ✓ ✓
Business Long ✓
Gray
Marsh ✓ ✓ ✓
Kinion ✓
Petty " Q�f &
Tennant ✓
aMayor Jordan
7 0 7-o 7-D
City Council Meeting: February 18,2014
Subject: Kum & Go,L.C.Agreement
Motion To:
rosy
Motion By: G'
Seconded:
C. 5 Schoppmeyer
New Adams ✓
Business Long
Gray ✓
Marsh ✓
Qp�yQ it Kinion ✓
Petty
Tennant
!� 1 Mayor Jordan
e ®
Subject: Reappropriating Bonded, On-Going Capital Projects and Containing Obligations
Motion To:
r0✓�
Motion By: 02
Seconded: d
C. 6 Schoppmeyer ✓
New Adams ✓
Business Long ✓
Gray ✓
�SS Marsh ✓
Kinion
Petty ✓
Tennant
Mayor Jordan
City Council Meeting: Febr. .ry 18,2014
Subject: RZN 13-4536(4310 Martin Luther King Blvd./Edwards)
Motion To: IRA d 3rd P44-1-
Motion By: Gi
Seconded:
C. Schoppmeyer ,/ we ✓'
New Adams to ✓
Business Long 1f ✓
Gray
V Marsh v°
Kinion v® v^
Petty Woe
Tennant ✓� ��
Mayor Jordan
Subject: ADM 13-4603: (UDC Amendment Chapter 161, Use Unit 44, Cottage Housing Development)
Motion To:
Motion By:
Seconded:
C 8 Schoppmeyer ,� esu ate'
New Adams ✓ �✓
Business Long ✓ v°
Gray �✓ ® ate"
Marsh ri/ WOO
Kinion
Petty a✓ �" °
Tennant ate"
Mayor Jordan
-
TayeqLvifie Departmental Correspondence
LEGAL
NSAS
www.accessfayetteville.org DEPARTMENT
Kit Williams
CityAttorney
Jason B.Kelley
TO: Mayor Jordan Assistant City Attorney
THRU: Sondra Smith, City Clerk
FROM: Kit Williams, City Attorney
DATE: February 19, 2014
RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the
City Council meeting of February 18, 2014
1. McClelland Consulting Engineers, Inc. Task Order No. 10: A resolution to approve
Task Order No. 10 with McClelland Consulting Engineers, Inc. in the amount of
$36,050.00 for project design and bidding services associated with the Terminal Apron
Rehabilitation Project and to approve a budget adjustment of$36,050.00.
2. Garver Engineers, LLC: A resolution approving a contract with Garver Engineers,
LLC in an amount not to exceed $352,879.00 for the design of Rupple Road from Starry
Night View to Mount Comfort Road, and to approve a budget adjustment of$352,879.00.
3. Community Development Block Grant(CDBG) Agreement: A resolution authorizing
the Mayor to execute the Community Development Block Grant (CDBG) Agreement for
2014 when received in the estimated amount of $540,700.00 and approving the 2014
Action Plan.
4. Amend Resolution No. 07-14: A resolution amending Resolution No. 07-14 to change
the awarding of Bid #14-04 for the purchase of hillside gravel from Leming & Son
Trucking, Inc. to Les Rogers, Inc. for materials picked up in the amount of$1.49 per ton
and authorizing the use of other bidders based on price and availability as needed through
the end of calendar year 2014.
5. Combs Park Tree Mitigation: A resolution approving a budget adjustment in the total
amount of$4,250.00 to transfer a tree escrow balance for the planting of mitigation trees
in Combs Park.
6. 2014 Keep America Beautiful/Dr. Pepper Snapple Group Grant: A resolution
authorizing application for a 2014 Keep America Beautiful/Dr. Pepper Snapple Group
grant in the amount of$6,800.00.
7. Rotochopper Go —Bagger: A resolution approving a budget adjustment in the amount
of$18,500.00 to recognize revenue received from the auction and sale of Unit 479 - 2005
Rotochopper Go-Bagger 250.
8. Mt. Kessler Acquisition: A resolution to authorize Mayor Jordan to apply for and
accept a 50150 matching grant from the Walton Family Foundation in the amount of
$1,500,000.00, to use this grant and $1,600,000.00 out of reserves to purchase about 328
acres of Mt. Kessler from Chambers Bank and to build a trailhead, to approve a land
swap with Chambers Bank, to support a parkland dedication of about 48 acres for future
parkland credit and to approve the attached budget adjustment.
9. Karcher North America, Inc.: A resolution to approve and certify the participation of
Karcher North America, Inc. in the Arkansas Tax Back Program and to agree to authorize
DF&A to refund city sales tax back to Karcher North America, Inc.
10. Teeco Safety, Inc.: An ordinance waiving the requirements of formal competitive
bidding and approving a contract with Teeco Safety, Inc. in the amount of$192,344.50
for the purchase of taser products.
11. Kum & Go, L.C. Agreement: A resolution to approve the fourth amendment to land
sale agreement with Kum & Go, L.C. to extend the closing date to no later than April 21,
2014 and to agree to equally share the City's portion of the costs of a dedicated left turn
lane.
12. Reappropriating Bonded, On-Going Capital Projects and Containing Obligations:
A resolution to amend the 2014 adopted budget by reappropriating $75,497,000.00 in
bonded or ongoing capital projects, outstanding obligations and grant funded items.
2
Aldermen
Mayor Lioneld Jordan Ward I Position 1 —Adella Gray
a e e Ward 1 Position —Sarah Marsh
City Attorney
Attorney Kit Williams Ward 2 Position —Mark Kinion
Ward Position 2—Matthew Petty
City Clerk Sondra E.Smith TWard 3 Position 1—Justin Tennant
ARKANSAS Ward 3 Position 2—Martin W. Schoppmeyer,Jr.
Ward 4 Position 1 —Rhonda Adams
Ward 4 Position 2—Alan T.Long
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
February 18, 2014
A meeting of the Fayetteville City Council will be held on February 18, 2014 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 February 04, 2014 City Council meeting minutes.
2. McClelland Consulting Engineers, Inc. Task Order No. 10: A resolution to approve
Task Order No. 10 with McClelland Consulting Engineers, Inc. in the amount of
$36,050.00 for project design and bidding services associated with the Terminal Apron
Rehabilitation Project and to approve a budget adjustment of$36,050.00.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
3. Garver Engineers, LLC: A resolution approving a contract with Garver Engineers,
LLC in an amount not to exceed $352,879.00 for the design of Rupple Road from Starry
Night View to Mount Comfort Road, and to approve a budget adjustment of$352,879.00.
4. Community Development Block Grant (CDBG) Agreement: A resolution authorizing
the Mayor to execute the Community Development Block Grant (CDBG) Agreement for
2014 when received in the estimated amount of $540,700.00 and approving the 2014
Action Plan.
5. Amend Resolution No. 07-14: A resolution amending Resolution No. 07-14 to change
the awarding of Bid #14-04 for the purchase of hillside gravel from Leming & Son
Trucking, Inc. to Les Rogers, Inc. for materials picked up in the amount of$1.49 per ton
and authorizing the use of other bidders based on price and availability as needed through
the end of calendar year 2014.
6. Combs Park Tree Mitigation: A resolution approving a budget adjustment in the total
amount of$4,250.00 to transfer a tree escrow balance for the planting of mitigation trees
in Combs Park.
7. 2014 Keep America Beautiful/Dr. Pepper Snapple Group Grant: A resolution
authorizing application for a 2014 Keep America Beautiful/Dr. Pepper Snapple Group
grant in the amount of$6,800.00.
8. Rotochopper Go — Bagger: A resolution approving a budget adjustment in the amount
of$18,500.00 to recognize revenue received from the auction and sale of Unit 479 - 2005
Rotochopper Go-Bagger 250.
B. Unfinished Business:
1. Amend Chapter 178: An ordinance to repeal §178.03 Sidewalk Vendors and enact a
replacement §178.03 Sidewalk Vendors and Food Trucks and to repeal §178.04 Outdoor
Mobile Vendors Located on Private Property and enact a replacement §178.04 Outdoor
Mobile Vendors Located on Private Property. This ordinance was left on the First
Reading at the November 19, 2013 City Council meeting and tabled to the December
17, 2013 City Council meeting. This ordinance was left on the First Reading at the
December 17, 2013 City Council meeting and Tabled to the January 21, 2014 City
Council meeting. This ordinance was left on the First Reading at the January 21, 2014
City Council meeting and Tabled to the February 18, 2014 City Council meeting.
Left on the First Reading.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
2. RZN 13-4538 (Razorback RoadNictory Commons): An ordinance rezoning that
property described in rezoning petition RZN 13-4538, for approximately 5.09 acres,
located at 731 S. Razorback Road from I-1, Heavy Commercial and Light Industrial, to
UT, Urban Thoroughfare. This ordinance was left on the First Reading at the
December 17, 2013 City Council meeting. This ordinance was left on the Second
Reading at the January 7, 2014 City Council meeting and Tabled to the February 4,
2014 City Council meeting. This ordinance was left on the Second Reading at the
February 5, 2014 City Council meeting and Tabled to the February 18, 2014 City
Council meeting.
Left on the Second Reading.
C. New Business:
1. Mt. Kessler Acquisition: A resolution to authorize Mayor Jordan to apply for and
accept a 50/50 matching grant from the Walton Family Foundation in the amount of
$1,500,000.00, to use this grant and $1,600,000.00 out of reserves to purchase about 328
acres of Mt. Kessler from Chambers Bank and to build a trailhead, to approve a land
swap with Chambers Bank, to support a parkland dedication of about 48 acres for future
parkland credit and to approve the attached budget adjustment.
2. Karcher North America, Inc.: A resolution to approve and certify the participation of
Karcher North America, Inc. in the Arkansas Tax Back Program and to agree to authorize
DF&A to refund city sales tax back to Karcher North America, Inc.
3. ADM 13-4331 Amend Chapters 151, 162, 163 and 164: An ordinance to amend
§164.10 Garage and/or Agricultural and Produce Sales; §161.10 (X) Unit 24 Home
Occupation; §163.08 Home Occupations and §164.04 Urban Agriculture (fowl, bees, and
goats) of the Unified Development Code.
4. Teeco Safety, Inc.: An ordinance waiving the requirements of formal competitive
bidding and approving a contract with Teeco Safety, Inc. in the amount of $192,344.50
for the purchase of taser products.
5. Kum & Go, L.C. Agreement: A resolution to approve the fourth amendment to land
sale agreement with Kum & Go, L.C. to extend the closing date to no later than April 21,
2014 and to agree to equally share the City's portion of the costs of a dedicated left turn
lane.
6. Reappropriating Bonded, On-Going Capital Projects and Containing Obligations:
A resolution to amend the 2014 adopted budget by reappropriating $75,497,000.00 in
bonded or ongoing capital projects, outstanding obligations and grant funded items.
7. RZN 13-4536 (4310 Martin Luther King Blvd./Edwards): An ordinance rezoning that
property described in rezoning petition RZN 13-4536, for approximately 0.74 acres
located on the north side of west Martin Luther King Boulevard near the border of
Farmington from R-A, Residential Agricultural 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
8. ADM 13-4603: (UDC Amendment Chapter 161, Use Unit 44, Cottage Housing
Development): An ordinance to amend Chapter 161 of the Unified Development Code
to authorize Cottage Housing Development (CTU-44) into zoning districts in which it was
originally approved by Ordinance No. 5462.
D. City Council Agenda Session Presentations:
E. City Council Tour:
F. 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 persons may address the City Council on agenda items of New and Old Business. Please wait
for the Mayor to request public comment and then come to the podium, give your name, address, and
comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor,
Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each
person is only allowed one turn at the microphone for discussion of an agenda item.
All cell phones must be silenced and may not be used within the City Council Chambers.
Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council
meetings:
Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting
should only be considered if it requires immediate City Council consideration and if the normal agenda
setting process is not practical. The City Council may only place such new item on the City Council
meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to
the Consent Agenda.
Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without
discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item,
that item shall be removed and considered immediately after the Consent Agenda has been voted upon.
Old business and new business.
Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an
ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city
contractor, rezoning or development applicant, etc.) may present its proposal only during this
presentation period, but may be recalled by an alderman later to answer questions. Staff and
applicants may use electronic visual aids in a City Council meeting as part of their presentation.
Public comments. Public comment shall be allowed for all members of the audience on all items of old
and new business and subjects of public hearings. No electronic visual aid presentations shall be
allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a
member of the public wishes for the City Clerk to distribute materials to the City Council before its
meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of
the City Council meeting. Any member of the public shall first state his or her name and address,
followed by a concise statement of the person's position on the question under discussion. Repetitive
comments should be avoided; this applies to comments made previously either to the City Council or to
the Planning Commission when those Planning Commission minutes have been provided to the
Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any
particular member of the City Council. No person other than the Aldermen and the person having the
floor shall be permitted to enter into any discussions without permission of the Mayor. No questions
shall be directed to an Alderman or city staff member except through the Mayor.
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.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
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Mt.Kessler Ac uisition
RECEIVF of
KENNETH L.SMITH
FEB 7 2014
459 WEST CLEBURN STREET CITY OF FAYETTEVILLE
FAYETTEVILLE,ARKANSAS]2]01 MAYOR'S OFFICE
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REG E I Vsler Acquisition
y[,�J Page 3of6
I'Eb A 0 2014
cCITY OF rAYET T EVILLE
CITY CLERK'S OFFICE b'.
Bicycle Coalition of the Ozarks
P.O. Box 4173
Fayetteville,AR 72702
bco@bconwa.com
February 10, 2014 479-200-1679
City Council Members
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
Dear City Council Members,
The Board of Directors for the Bicycle Coalition of the Ozarks (BCO)
strongly supports the purchase of 328 acres and the acceptance of a
donation of 48 acres on Mt. Kessler by the City of Fayetteville. This would
add an additional 376 acres of parkland within Fayetteville, which would
have a large impact on the number of cyclists in our community. The area
has become a favorite of mountain bikers, and we would like to see the
Mt. Kessler trail system preserved and enhanced. Its proximity to the
forthcoming regional park makes it an integral part of creating a more
livable and sustainable community through increased outdoor
recreational opportunities.
The BCO is a 501 (c)3 non-profit formed in 1999 with the mission of creating
a more bicycle friendly community in Northwest Arkansas through
education programs for all users of roads and trails and advocacy for an
increase in bicycle friendly infrastructure. Increasing the quantity, quality,
and access to mountain bike trails in Fayetteville will help to get more
citizens of the community on bikes, which will raise awareness for all
cyclists and make Fayetteville a more bike-friendly city.
Sincerely,
Oh---- cam.
Quin Thompson Paxton Roberts
Chair Executive Director
'f`ALcictiSOAEcFbon
Page 4 of 6
FEB 1 1 2014
CITY OF FAYETTEVILLE
To: Mayor Lioneld Jordan CITY CLERK'S OFFICE
Dr. M Schoppmeyer
Ms. Rhonda Adams
Mr. Alan Long
Mr. Justin Tennant
Mr. Matthew Petty
Mr. Mark Kinion
Ms. Sarah Marsh
Ms. Adella Gray
Subject: Vote to appropriate money for the purchase of
Kessler Mountain.
I urge council members to vote for the purchase this property
and make it a permanent part of Fayetteville's heritage and
uniqueness. I have over the past few years hiked Kesseler
many times with friends and family and often alone. It has
all the beauty of the Ozarks in all its seasons. 1 would be
pleased if it were a forever part of Fayetteville.
Thank yqu for your consideration.
William L. Roberts DDS (retired)
C. 1
R,-Idt��g`lgrQ puisition
�u y ILB`.L�.9]5 of 6
FEB 1 1 2014
CITY OF FAYETTEVILLE
CITY CLERKS OFFICE
February 10, 2014
Mayor and City Council
City of Fayetteville
113 West Mountain Street
Fayetteville,AR 72701
I do not live in Fayetteville but do frequent the area often. I enjoy hiking in and around Fayetteville.
One of my favorite places to hike is Mt. Kessler. The trails there are just awesome. I bring my
Grandchildren with me and the whole family enjoys the outing. I hope that you will continue to
preserve this area and these trails,for not only myself, but the future generations to come.
Sincerely,
Betty
Betty Ford
17700 Kimes Tower Road
Chester,Arkansas 72934
C. 1r, vE,sition
Page 6 of 6
FEB 1 12014
Dear Mayor Jordan and honorable City council members, CTO CLERK'S OFfiICE
I am writing to express my support for the purchase of the Chamber's Bank parcel
off of Cato Springs road. As a long time resident of Fayetteville and a lover of the
outdoors,I was immediately enthused by this proposal. My personal exploration of the
Kessler mountain trails has brought me a great deal of enjoyment and relaxation in a
setting that is much more accessible than other outdoor destinations in our area. Aside
from the enjoyment of such a close"green space"in my neighborhood,I have seen that it
has brought together a community of like-minded outdoor enthusiasts and given them a
means to put their energy toward creating a beautiful green space that not only provides
opportunities for enthusiasts of outdoor pastimes but also protects natural resources in a
way that will benefit all residents of Fayetteville.
Furthermore,I have personally spoken with several individuals from Benton and
Madison Counties that have taken notice of this trail system and have made trips to
Fayetteville specifically to hike or bike on these trails. As the trail system grows, I can't
help but believe that this will continue to draw attention from non-residents and provide
opportunities for them to come to Fayetteville and enjoy our green spaces and invariably
feed money into the local economy.
Finally, as an educational tool,I believe that this green space will also contribute
greatly toward the creation of future generations that value the great outdoors and
recognize the importance of maintaining these green spaces in the setting of a growing
urban center. As such, I urge you to consider this purchase. I can think of no better way
to benefit the environment while also benefitting local residents; all in a way that
contributes to the unique nature of Fayetteville,helping it continue to stand out amongst
the other communities of Northwest Arkansas.
Thank you for your time and consideration.
Sincerely,
Ashley Totten
City Council Meeting Minutes
February 5,2014
Page 1 of 11
Aldermen
Mayor Lioneld Jordan Ward 1 Position I —Adella Gray
Fae eV l e Ward 1 Position 2—Sarah Marsh
City Attorney Kit Williams Ward 2 Position 1—Mark Kinion
Ward 2 Position 2—Matthew Petty
City Clerk Sondra E.Smith Ward 3 Position I —Justin Tennant
ARKANSAS Ward 3 Position 2—Martin W. Schoppmeyer,Jr.
Ward 4 Position 1 —Rhonda Adams
Ward 4 Position 2—Alan T.Long
City of Fayetteville Arkansas
City Council Meeting Minutes
February 05, 2014
(This meeting was rescheduled from Tuesday, February 04, 2014 to a Special
City Council meeting on Wednesday, February 5, 2014 due to inclement
weather conditions)
A meeting of the Fayetteville City Council was held on February 05, 2014 at 6:00 p.m. in
Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville,Arkansas.
Mayor Jordan called the meeting to order.
PRESENT: Alderman Sarah Marsh, Mark Kinion, Matthew Petty, Justin Tennant, Martin
Schoppmeyer, Rhonda Adams, Alan Long, Mayor Lioneld Jordan, City Attorney Kit
Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
ABSENT: Alderman Adella Gray
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
Mayor Jordan: We have a very exciting announcement. I want Chief Dayringer to share with
the Council and citizens our ISO rating.
David Dayringer, Fire Chief: We are excited and in celebration of the ISO rating we got that
jumped from a four to a two. We were rated back in the late 1990's and we have been a four
since 1998. We have been recently rated, which turned into a two year process and we have been
awarded a two. What that means to the property owners of Fayetteville is that their insurance
premiums could be reduced by the insurance companies. The insurance services office is the
leading source of information about insurance risk. It gages fire protection capability of local fire
departments, collects information on the community's public fire protection and analyses the
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
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City Council Meeting Minutes
February 5,2014
Page 2 of 11
data using a fire suppression rating schedule. It assigns a rating from one to ten, class one being
the best protection class and class ten being no protection.
To improve the ISO rating, the Fayetteville Fire Department worked with the Water,
Telecommunications and Police Departments and upgraded the dispatch system, utilities and
made many water supply improvements. The City of Fayetteville has built three fire stations
since then and added fire fighters. We have increased the number of fire hydrants, instituted a
fire hydrant inspection program, replaced water mains and added a water tower. We have added
a Fire Marshal's office and three Fire Marshals who educate, conduct inspections, investigates
arson and enforces the code that City Council adopts. The City of Fayetteville's public protection
classification of two becomes effective June 1, 2014. The ISO is the leading supplier of data and
analytics for the property casualty insurance industry. Most insurers use the public protection
classifications for underwriting and calculating premiums for residential, commercial and
industrial properties. The improved rating recognizes the City's effort to provide exceptional fire
safety services and it is hopeful that the class two ISO rating will lower insurance premiums for
its residents and businesses. This is a very exciting and tangible benefit for our citizens and
community.
Mayor Jordan: Thank you Chief. That is a tremendous accomplishment. We have had a
continued increase in our number of calls for fire service which amounts to a 54% increase from
2003 through 2013. The Fayetteville Fire Department is handling close to 3,000 more calls each
year and they managed to cut our ISO rating in half.
City Council Meeting Presentations, Reports and Discussion Items: None
Agenda Additions:
Alderman Adams moved to add the following item to the City Council agenda. Alderman
Tennant seconded the motion. Upon roll call the motion passed 7-0. Alderman Gray was
absent.
David Clark McClinton Settlement Agreement: A resolution to approve a settlement
agreement with David Clark McClinton concerning condemnation litigation filed as part of the
Van Ashe Drive construction project in the total amount of$1,420.00.
Chris Brown, City Engineer gave a brief description of the resolution. Staff is recommending
approval.
City Attorney Kit Williams: I recommend approval. This would leave only a single
condemnation still pending. I want to thank the Engineering staff because we only had to file two
condemnations for the entire project. We also got some of the right-of-way dedicated without
having payments.
Alderman Tennant moved to approve the resolution. Alderman Long seconded the
motion. Upon roll call the resolution passed 7-0. Alderman Gray was absent.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
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City Council Meeting Minutes
February 5,2014
Page 3 of 11
Resolution 22-14 as recorded in the office of the City Clerk
Consent:
Approval of the January 21, 2014 City Council meeting minutes.
Approved
Bid #14-12 Hanson Pipe & Precast and Scurlock Industries: A resolution to award Bid #14-
12 to Hanson Pipe & Precast and Scurlock Industries authorizing the purchase of drainage pipe
for varying unit prices and authorizing the use of other bidders based on price and availability as
needed through the end of calendar year 2014.
Resolution 23-14 as recorded in the office of the City Clerk
George Nunnally Chevrolet of Bentonville: A resolution to authorize the purchase of one (1)
Chevrolet Equinox at the same price as the state procurement contract, in the amount of
$21,699.00, from George Nunnally Chevrolet of Bentonville for use by the Wastewater
Treatment Plant, and approving a budget adjustment in the amount of$21,699.00.
Resolution 24-14 as recorded in the office of the City Clerk
Caldwell Toyota of Conway: A resolution to authorize the purchase of one (1) 2014 Toyota
Camry Hybrid from Caldwell Toyota of Conway in the amount of $25,498.00 for use by the
Fayetteville Police Department, and approving a budget adjustment in the amount of$25,498.00.
Resolution 25-14 as recorded in the office of the City Clerk
North Point Ford of North Little Rock: A resolution to authorize the purchase of two (2) Ford
F-150 2x4 pickup trucks from North Point Ford of North Little Rock in the amount of
$34,128.00, pursuant to a state procurement contract, for use by the Solid Waste and
Transportation Divisions.
Resolution 26-14 as recorded in the office of the City Clerk
Landers Toyota of Little Rock: A resolution to authorize the purchase of three (3) Toyota
Tacoma pickup trucks from Landers Toyota of Little Rock in the amount of $76,585.00,
pursuant to a state procurement contract, for use by the Meter and Transportation Divisions.
Resolution 27-14 as recorded in the office of the City Clerk
Bid #13-55 S.M.I.L.E.S of Fort Smith: A resolution to award Section C and Section F of Bid
#13-55 and authorizing the purchase of light bars and cameras from S.M.I.L.E.S. of Fort Smith
in the amount of$22,726.00 for the upfitting of Police Department vehicles.
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City Council Meeting Minutes
February 5,2014
Page 4 of 11
Resolution 28-14 as recorded in the office of the City Clerk
Animal Services Donation Revenue: A resolution to approve a budget adjustment in the total
amount of$35,287.00 representing donation revenue to Animal Services for the third and fourth
quarters of 2013.
Resolution 29-14 as recorded in the office of the City Clerk
Fayetteville District Court Technology Upgrades: A resolution approving a budget
adjustment for the Fayetteville District Court in the amount of$20,000.00 to recognize revenue
from the Court Automation Fund for the purchase of technology upgrades including computer
monitors, hard drives, printers and wireless components.
Resolution 30-14 as recorded in the office of the City Clerk
Bid #13-58 ARCO Excavation & Paving, Inc.: A resolution to award Bid #13-58 and
authorizing a contract with ARCO Excavation & Paving, Inc. for the construction of the Town
Branch Trail in the amount of$779,645.25, and approving a contract contingency in the amount
of$93,557.43.
Resolution 31-14 as recorded in the office of the City Clerk
Gordon Long Park: A resolution expressing the willingness of the City of Fayetteville to
utilize federal-aid funds for the design of restrooms and expanded parking at Gordon Long Park,
and to approve a budget adjustment in the amount of$22,314.00.
Resolution 32-14 as recorded in the office of the City Clerk
Alderman Marsh moved to approve the Consent Agenda as read. Alderman Long
seconded the motion. Upon roll call the motion passed 7-0. Alderman Gray was absent.
Unfinished Business:
RZN 13-4538 (Razorback RoadNictory Commons): An ordinance rezoning that property
described in rezoning petition RZN 13-4538, for approximately 5.09 acres, located at 731 S.
Razorback Road from I-1, Heavy Commercial and Light Industrial, to UT, Urban Thoroughfare.
This ordinance was left on the First Reading at the December 17, 2013 City Council meeting.
This ordinance was left on the Second Reading at the January 7, 2014 City Council meeting
and Tabled to the February 4, 2014 City Council meeting.
Jeremy Pate, Director of Development Services: The applicant would like to table this for
another two weeks.
Alderman Adams moved to table the ordinance to the February 18, 2014 City Council
meeting. Alderman Tennant seconded the motion. Upon roll call the motion passed 7-0.
Alderman Gray was absent.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
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