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HomeMy WebLinkAbout2013-12-03 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye eelle Ward 1 Position —Sarah Marsh City Attorney Attorney Kit Williams Ward 2 Position —Mark Kinwn Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—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 December 03, 2013 A meeting of the Fayetteville City Council will be held on December 03, 2013 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: 1. Golden Acorn Award: Fayetteville Natural Heritage Association 2. Quarterly Financial Report—Yd Quarter of 2013, Paul Becker, Finance Director Agenda Additions: A. Consent: 1. Re-approval of the November 5, 2013 City Council meeting minutes and approval of the November 19, 2013 City Council meeting minutes. APPROVED 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 2. General Construction Solutions, Inc.: A resolution approving Change Order No. 1 to the contract with General Construction Solutions, Inc. in the amount of $34,037.14 for the completion of construction on FEMA Project, Location 22 Sanitary Sewer near the entrance to the Cliffs Apartments related to Spring 2011 flooding, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 241-13 3. Grubbs, Hoskyn, Barton & Wyatt, Inc. Amendment No. 1: A resolution approving Amendment No. 1 to the contract with Grubbs, Hoskyn, Barton & Wyatt, Inc. for the additional amount of$8,000.00 for additional geotechnical evaluations of Tract 14 of the Fayetteville Industrial Park, approving a project contingency of$2,000.00 and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 242-13 4. Continental Flooring Company: A resolution authorizing the purchase and installation of vinyl plank flooring from Continental Flooring Company for the Transportation Division office in the amount of $38,843.00 plus any applicable bonding fees and tax pursuant to an NJPA cooperative purchasing agreement. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 243-13 5. Landers Toyota of Little Rock: A resolution authorizing the purchase of two (2) Toyota Tacoma pickup trucks in the total amount of $55,910.00, pursuant to a state procurement contract, from Landers Toyota of Little Rock for use by the Transportation and Water & Sewer Division, and approving a budget adjustment in the amount of $28,500.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 244-13 6. Bid #13-20 Shipley Motor Company of Lowell: A resolution authorizing the purchase of one (1) Mack LE613 truck with Wayne Titan body in the amount of $245,060.00, pursuant to Bid #13-20, from Shipley Motor Company of Lowell for use by the Solid Waste Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 245-13 7. Assistance to Firefighters Grant: A resolution authorizing application for a 90/10 matching Assistance to Firefighters Grant through FEMA in the estimated amount of $427,500.00 for the purchase of a front line fire pumper apparatus for the Fire Department. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 246-13 8. 2013 Sales and Use Tax Bond Issue Proceeds: A resolution approving a budget adjustment in the total amount of$22,750,000.00 to appropriate proceeds from the 2013 Sales and Use Tax Bonds for street projects. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 247-13 113 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 UDC Height and Setback Regulations: An ordinance to Amend §§161.16, 161.18, 161.19, 161.20, 161.21, 161.22, 161.23, 161.24, and 161.25 to change setbacks and stepbacks for adjoining property and height limitations for several districts and to amend §164.11 Height and Setback Regulations; Exceptions to reduce or eliminate setbacks in certain circumstances, to require wider sidewalks for buildings higher than 36 feet and to provide a building height variance for buildings receiving LEED Gold Certification and meeting other requirements, and to amend §156.02 (F) to authorize a requirement for a height variance applicant to provide a Viewshed Analysis or Sun/Shadow Study. This ordinance was left on the First Reading at the September 17, 2013 City Council meeting. This ordinance was left on the Second Reading at the October 01, 2013 City Council meeting. This ordinance was left on the Third Reading, Tabled to the November 5, 2013 City Council meeting and referred to the Planning Commission at the October 15, 2013 City Council meeting. This ordinance was left on the Third Reading, Tabled to the December 3, 2013 City Council meeting and sent the Ordinance Review Committee for review. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5636 2. Resolution Calling for a Public Hearing for VAC 13-4516 (Brenda Drive, Court and Walton Street/University of Arkansas): A resolution to fix the date for hearing the University of Arkansas' request to vacate Brenda Drive, Court Street and Walton Street on December 17, 2013 at 6:00 p.m. in the City Council Chambers, Room 219 of the City Administration Building. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 248-13 3. VAC 13-4516 (Brenda Drive, Court and Walton Street/University of Arkansas): An ordinance approving VAC 13-4516 submitted by Development Consultants, Incorporated for property located west of Razorback Road and north of Center Street to vacate the right-of-way of Brenda Drive, Court Street, Walton Street, and a thirty foot wide alley off of Hotz Drive. This ordinance was left on the Second Reading at the November 19, 2013 City Council meeting. TABLED TO THE DECEMBER 17, 2013 CITY COUNCIL MEETING AND LEFT ON THE SECOND READING 4. ADM 13-4512 (Wedington Drive and Salem Road/Forest Hills PZD Modification to Planning Area 2): An ordinance amending a Residential Planned Zoning District entitled R-PZD 07-2793 Forest Hills to revise the concept plan and zoning criteria for Planning Area Two, reducing the number of dwelling units from 100 units to 72 units and removing the requirement for vertical mixed-use buildings. This ordinance was left on the Second Reading at the November 19, 2013 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5637 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 5. ADM 13-4513 (Wedington Drive and Salem Road/Forest Hills PZD Modification to Planning Area 5): An ordinance amending a Residential Planned Zoning District entitled R-PZD 07-2793 Forest Hills to revise the concept plan and zoning criteria for Planning Area Five, reducing the number of dwelling units from 60 units to 31 units and amending the housing type from townhouses to detached single-family houses. This ordinance was left on the Second Reading at the November 19, 2013 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5638 6. ADM 13-4450 (Pratt Place Inn): An ordinance amending a Commercial Planned Zoning District entitled C-PZD 05-1670 Pratt Place Inn, to revise the hours of operation as listed in Section 1. This ordinance was left on the First Reading at the November 19, 2013 City Council meeting. LEFT ON THE SECOND READING C. New Business: 1. Fayetteville Youth Center, Inc.: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and Fayetteville Youth Center, Inc. in the amount of $215,175.00 to provide public recreation services for the youth and citizens of Fayetteville for 2014 contingent on approval of the 2014 Annual City Budget and Work Program. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5639 2. Northwest Arkansas Economic Development District: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and the Northwest Arkansas Economic Development District in the amount of$74,314.00 to provide public recreation services for the senior citizens of Fayetteville for 2014 contingent on approval of the 2014 Annual City Budget and Work Program. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5640 3. RZN 13-4520 (S. of Martin Luther King Blvd. and East of S. Beechwood/Eaton): An ordinance rezoning that property described in rezoning petition RZN 13-4520, for approximately 16.57 acres located south of Martin Luther King Boulevard and east of South Beechwood from I-1, Heavy Commercial and Light Industrial to CS, Community Services. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5641 4. Amend §166.08 Street Design and Access Management Standards: An ordinance to amend §166.08 Street Design and Access Management Standards of the Unified Development Code to clarify or alter several design regulations. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5642 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 D. City Council Agenda Session Presentations: E. City Council Tour: 1. December 2, 2103 —4:00 PM—Mt. Kessler F. Announcements: Adjournment: 9:22 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 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: December 3,2013 Adjourn: Subject: Roll Gray f Marsh f Kinion Petty �f Tennant W� ase4 Schoppmeyer Adams ✓ Long Mayor Jordan Subject: Motion To: Motion By: Seconded: Gray Marsh Kinion Petty Tennant Schoppmeyer Adams Long Mayor Jordan City Council Meeting: December 3,2013 Subject: Consent Motion To: Q,ftr'DVe, Motion By: Seconded: Gray Marsh Kinion e/ Petty Tennant Schoppmeyer Adams Long absenl- Mayor Jordan -7-O Subject: Motion To: Motion By: Seconded: Gray Marsh Kinion Petty Tennant Schoppmeyer Adams Long Mayor Jordan City Council Meeting: December 3,2013 Subject: Amend UDC Hei ht and Setback Regulations Motion To: /2.17,13 /& IOAJ, h Motion By: 6 lik KIA(On IIV1Ga!a,�w Seconded: 6AII B. 1 Gray A/ V-1, !J0 A/0 Unfinished Marsh / n/ ,�t^j Business Kinion ✓ JA C44 W A'* ee Petty �/'" l� .damat,pvt rve.J Tennant N ✓ Schoppmeyer N ✓ 56zk Adams A ✓ Long CJ�?v Mayor Jordan Subject: Resolution calling for Public Hearin ,VAC 13-4516 (Brenda DR,Court and Walton Street/U of A Motion To: �) Motion By: Seconded: n n ad— B. 2 Gray Unfinished Marsh Business Kinion Petty ✓ Tennant ✓ Schoppmeyer Adams Long "SeA4 Mayor Jordan City Council Meeting: Subject: (AD'L e)tjp iegs Motion To: Motion By: Seconded: Gray Marsh Vtn�in s Kinion Petty Tennant Schoppmeyer U/0' Adams ✓ Long �I n Mayor Jordan Subject: Motion To: Motion By: Seconded: Gray Marsh Kinion Petty Tennant Schoppmeyer Adams Long Mayor Jordan City Council Meeting: December 3,2013 Subject: VAC 13-4516 (Brenda Drive, Court and Walton Street/University of Arkansas) Motion To: rA�4 -1-D Owe-.®7 J-6 1.3 Motion By: Adams• Seconded: G� B.3 Gray ✓ Unfinished Marsh Business Kinion ✓ (� ® Petty o1P " Tennant `r Schoppmeyer Adams ✓ l7 293 Longa dw Mayor Jordan ,Sicr Subject: ADM 13-4512 (Wedin ton Dr and Salem Rd/Forest Hills PZD Modification to Planning Area 2) Motion To: Ani rd R"J - 3 A44-- Motion By: GfA�+� Seconded: G hd4,, B.4 Gray ✓ ✓ ✓ Unfinished Marsh ✓ ✓ Business Vinion ✓ ✓ ✓ Petty ✓ ✓ Tennant ✓ ✓ ✓ Schoppmeyer ✓ ✓ ✓ Adams °/ ✓ LL Long Mayor Jordan City Council Meeting: December 3,2013 Subject: ADM 13-4513 (Wedin ton Dr and Salem Rd/Forest Hills PZD Modification to Planning Area 5) Motion To: 3 rd &,P-d G+� Motion By: Seconded: B. 5 Gray ✓ ✓ .✓ Unfinished Marsh ✓ / '� Business Kinion ✓ ✓ m✓ Petty ✓ ✓ ✓ rJa oar Tennant '� ✓ ✓ Schoppmeyer ✓ O ✓ Adams ✓ ✓ °� �r— � t n t Long Q�SP� /�w$Psr� jOSed- Mayor Jordan 7-0 7 -19 �-4 Subject: ADM 13-4450 (Pratt Place Inn) Motion To: Motion By: Seconded: 1A B 6 Gray ✓ Unfinished Marsh ✓ Business Kinion ✓ Petty ✓ 4 Tennant -- Schoppmeyer 1r 4 Adams Longi ss Mayor Jordan -D City Council Meeting: December 3,2013 Subject: Fayetteville Youth Center,Inc. Q Motion To: an Y� Motion By: Seconded: 7-eA q C. 1 Gray / ✓ e/ New Marsh ✓ `✓ ✓ Business Kinion ✓ '✓ ✓ Petty ✓ ✓ ✓ Tennant ✓ ✓ ✓ V� Schoppmeyer '✓ ✓ Vol Adams °� c✓ Long QElfC+us la-�SGe l �JPti LO Mayor Jordan Subject: Northwest Arkansas Economic Development District Motion To: rd &.4 P� Motion By: rs Seconded: y3 C. 2 Gray �/ �✓ ✓ New Marsh ✓ i! ✓ Business Kinion ,/ ✓ ✓ Petty ✓ r m Tennant '� ✓ Schoppmeyer ✓ °✓ ✓ Adams ✓ `✓ Long fJ 51V�O Mayor Jordan City Council Meeting: December 3,2013 Subject: RZN 13-4520 (S. of Martin Luther King Blvd. and East of S. Beechwood/Eaton) Motion To: rd P Motion By: Seconded: Al", 71A avd- C. Gray ✓ ✓ New Marsh ,/' ✓ ✓ Business Kinion ✓ " ✓ +/ Petty +✓ ✓ ✓ Tennant ✓ ✓"` ✓ pd Schoppmeyer ✓ �` ✓ Adams s�'° ✓ Long s aeen4- Mayor Jordan Subject: Amend §166.08 Street Design and Access Management Standards Motion To: Q Motion By: Seconded: C. 4 Gray t✓ / / New Marsh �/ ✓ ✓ Business Kinion / ✓ Petty ,/ ✓ ✓ r" Tennant ✓ ✓ Schoppmeyer ✓ e/ ✓ Adams ✓ f Longi Lt Gse. 51A a Mayor Jordan 7-o aye Leville Departmental CorrespondenceNSAS LEGAL www.accessfayetteville.org DEPARTMENT I . I Kit Williams City Attorney Jason B.Kelley Assistant City Attorney TO: Mayor Jordan THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attorney DATE: December 4, 2013 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of December 3, 2013 1. General Construction Solutions, Inc.: A resolution approving Change Order No. 1 to the contract with General Construction Solutions, Inc. in the amount of $34,037.14 for the completion of construction on FEMA Project, Location 22 Sanitary Sewer near the entrance to the Cliffs Apartments related to Spring 2011 flooding, and approving a budget adjustment. 2. Grubbs, Hoskyn, Barton & Wyatt, Inc. Amendment No. 1: A resolution approving Amendment No. I to the contract with Grubbs, Hoskyn, Barton & Wyatt, Inc. for the additional amount of$8,000.00 for additional geotechnical evaluations of Tract 14 of the Fayetteville Industrial Park, approving a project contingency of$2,000.00 and approving a budget adjustment. 3. Continental Flooring Company: A resolution authorizing the purchase and installation of vinyl plank flooring from Continental Flooring Company for the Transportation Division office in the amount of $38,843.00 plus any applicable bonding fees and tax pursuant to an NJPA cooperative purchasing agreement. 4. Landers Toyota of Little Rock: A resolution authorizing the purchase of two (2) Toyota Tacoma pickup trucks in the total amount of $55,910.00, pursuant to a state procurement contract, from Landers Toyota of Little Rock for use by the Transportation and Water & Sewer Division, and approving a budget adjustment in the amount of $28,500.00. 5. Bid #13-20 Shipley Motor Company of Lowell: A resolution authorizing the purchase of one (1) Mack LE613 truck with Wayne Titan body in the amount of $245,060.00, pursuant to Bid #13-20, from Shipley Motor Company of Lowell for use by the Solid Waste Division. 6. Assistance to Firefighters Grant: A resolution authorizing application for a 90/10 matching Assistance to Firefighters Grant through FEMA in the estimated amount of $427,500.00 for the purchase of a front line fire pumper apparatus for the Fire Department. 7. 2013 Sales and Use Tax Bond Issue Proceeds: A resolution approving a budget adjustment in the total amount of$22,750,000.00 to appropriate proceeds from the 2013 Sales and Use Tax Bonds for street projects. 8. Amend UDC Height and Setback Regulations: An ordinance to amend § 164.11 Height and Setback Regulations; Exceptions to provide homeowners protection of their right to sunlight and air. 9. Resolution Calling for a Public Hearing for VAC 13-4516 (Brenda Drive, Court and Walton Street/University of Arkansas): A resolution to fix the date for hearing the University of Arkansas' request to vacate Brenda Drive, Court Street and Walton Street on December 17, 2013 at 6:00 p.m. in the City Council Chambers, Room 219 of the City Administration Building. 10. Fayetteville Youth Center, Inc.: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and Fayetteville Youth Center, Inc. in the amount of $215,175.00 to provide public recreation services for the youth and citizens of Fayetteville for 2014 contingent on approval of the 2014 Annual City Budget and Work Program. 11. Northwest Arkansas Economic Development District: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and the Northwest Arkansas Economic Development District in the amount of$74,314.00 to provide public recreation services for the senior citizens of Fayetteville for 2014 contingent on approval of the 2014 Annual City Budget and Work Program. 12. Amend §166.08 Street Design and Access Management Standards: An ordinance to amend §166.08 Street Design and Access Management Standards of the Unified Development Code to clarify or alter several design regulations. 2 Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye eelle Ward 1 Position —Sarah Marsh City Attorney Attorney Kit Williams Ward 2 Position —Mark Kinwn Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—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 December 03, 2013 A meeting of the Fayetteville City Council will be held on December 03, 2013 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: 1. Golden Acorn Award: Fayetteville Natural Heritage Association 2. Quarterly Financial Report—Yd Quarter of 2013, Paul Becker, Finance Director Agenda Additions: A. Consent: 1. Re-approval of the November 5, 2013 City Council meeting minutes and approval of the November 19, 2013 City Council meeting minutes. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 2. General Construction Solutions, Inc.: A resolution approving Change Order No. 1 to the contract with General Construction Solutions, Inc. in the amount of $34,037.14 for the completion of construction on FEMA Project, Location 22 Sanitary Sewer near the entrance to the Cliffs Apartments related to Spring 2011 flooding, and approving a budget adjustment. 3. Grubbs, Hoskyn, Barton & Wyatt, Inc. Amendment No. 1: A resolution approving Amendment No. 1 to the contract with Grubbs, Hoskyn, Barton & Wyatt, Inc. for the additional amount of$8,000.00 for additional geotechnical evaluations of Tract 14 of the Fayetteville Industrial Park, approving a project contingency of$2,000.00 and approving a budget adjustment. 4. Continental Flooring Company: A resolution authorizing the purchase and installation of vinyl plank flooring from Continental Flooring Company for the Transportation Division office in the amount of $38,843.00 plus any applicable bonding fees and tax pursuant to an NJPA cooperative purchasing agreement. 5. Landers Toyota of Little Rock: A resolution authorizing the purchase of two (2) Toyota Tacoma pickup trucks in the total amount of $55,910.00, pursuant to a state procurement contract, from Landers Toyota of Little Rock for use by the Transportation and Water & Sewer Division, and approving a budget adjustment in the amount of $28,500.00. 6. Bid #13-20 Shipley Motor Company of Lowell: A resolution authorizing the purchase of one (1) Mack LE613 truck with Wayne Titan body in the amount of $245,060.00, pursuant to Bid #13-20, from Shipley Motor Company of Lowell for use by the Solid Waste Division. 7. Assistance to Firefighters Grant: A resolution authorizing application for a 90/10 matching Assistance to Firefighters Grant through FEMA in the estimated amount of $427,500.00 for the purchase of a front line fire pumper apparatus for the Fire Department. 8. 2013 Sales and Use Tax Bond Issue Proceeds: A resolution approving a budget adjustment in the total amount of$22,750,000.00 to appropriate proceeds from the 2013 Sales and Use Tax Bonds for street projects. B. Unfinished Business: 1. Amend UDC Height and Setback Regulations: An ordinance to Amend §§161.16, 161.18, 161.19, 161.20, 161.21, 161.22, 161.23, 161.24, and 161.25 to change setbacks and stepbacks for adjoining property and height limitations for several districts and to amend §164.11 Height and Setback Regulations; Exceptions to reduce or eliminate setbacks in certain circumstances, to require wider sidewalks for buildings higher than 36 feet and to provide a building height variance for buildings receiving LEED Gold Certification and meeting other requirements, and to amend §156.02 (F) to authorize a requirement for a height variance applicant to provide a Viewshed Analysis or Sun/Shadow Study. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 This ordinance was left on the First Reading at the September 17, 2013 City Council meeting. This ordinance was left on the Second Reading at the October 01, 2013 City Council meeting. This ordinance was left on the Third Reading, Tabled to the November 5, 2013 City Council meeting and referred to the Planning Commission at the October 15, 2013 City Council meeting. This ordinance was left on the Third Reading, Tabled to the December 3, 2013 City Council meeting and sent the Ordinance Review Committee for review. Left on the Third Reading 2. Resolution Calling for a Public Hearing for VAC 13-4516 (Brenda Drive, Court and Walton Street/University of Arkansas): A resolution to fix the date for hearing the University of Arkansas' request to vacate Brenda Drive, Court Street and Walton Street on December 17, 2013 at 6:00 p.m. in the City Council Chambers, Room 219 of the City Administration Building. 3. VAC 13-4516 (Brenda Drive, Court and Walton Street/University of Arkansas): An ordinance approving VAC 13-4516 submitted by Development Consultants, Incorporated for property located west of Razorback Road and north of Center Street to vacate the right-of-way of Brenda Drive, Court Street, Walton Street, and a thirty foot wide alley off of Heitz Drive. This ordinance was left on the Second Reading at the November 19, 2013 City Council meeting. Left on the Second Reading 4. ADM 13-4512 (Wellington Drive and Salem Road/Forest Hills PZD Modification to Planning Area 2): An ordinance amending a Residential Planned Zoning District entitled R-PZD 07-2793 Forest Hills to revise the concept plan and zoning criteria for Planning Area Two, reducing the number of dwelling units from 100 units to 72 units and removing the requirement for vertical mixed-use buildings. This ordinance was left on the Second Reading at the November 19, 2013 City Council meeting. Left on the Second Reading 5. ADM 13-4513 (Wedington Drive and Salem Road/Forest Hills PZD Modification to Planning Area 5): An ordinance amending a Residential Planned Zoning District entitled R-PZD 07-2793 Forest Hills to revise the concept plan and zoning criteria for Planning Area Five, reducing the number of dwelling units from 60 units to 31 units and amending the housing type from townhouses to detached single-family houses. This ordinance was left on the Second Reading at the November 19, 2013 City Council meeting. Left on the Second Reading 6. ADM 13-4450 (Pratt Place Inn): An ordinance amending a Commercial Planned Zoning District entitled C-PZD 05-1670 Pratt Place Inn, to revise the hours of operation as listed in Section 1. This ordinance was left on the First Reading at the November 19, 2013 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 C. New Business: 1. Fayetteville Youth Center, Inc.: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and Fayetteville Youth Center, Inc. in the amount of $215,175.00 to provide public recreation services for the youth and citizens of Fayetteville for 2014 contingent on approval of the 2014 Annual City Budget and Work Program. 2. Northwest Arkansas Economic Development District: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and the Northwest Arkansas Economic Development District in the amount of$74,314.00 to provide public recreation services for the senior citizens of Fayetteville for 2014 contingent on approval of the 2014 Annual City Budget and Work Program. 3. RZN 13-4520 (S. of Martin Luther King Blvd. and East of S. Beechwood/Eaton): An ordinance rezoning that property described in rezoning petition RZN 13-4520, for approximately 16.57 acres located south of Martin Luther King Boulevard and east of South Beechwood from I-1, Heavy Commercial and Light Industrial to CS, Community Services. 4. Amend §166.08 Street Design and Access Management Standards: An ordinance to amend §166.08 Street Design and Access Management Standards of the Unified Development Code to clarify or alter several design regulations. D. City Council Agenda Session Presentations: E. City Council Tour: 1. December 2, 2103 —4:00 PM—Mt. Kessler 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 A.7 Assistance to Firefighters Grant Page 1 of 4 City of Fayetteville Item Review Form 2013-0182 Legistar File Number 12-3-2013 City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item David Dayringer Fire Submitted By Department Action Required: Request approval to apply for the 2013 Assistance to Firefighters Grant in the amount of$475,000. The actual amount of the grant would be $427,500 (90%)with a city match of$47,500(10%). The matching contribution would be available from Fire Department Act 833 Revenue for the purchase of a Front Line Fire Pumper Apparatus. Does this item have a cost? NO Cost of this request Category or Project Budget Program or Project Name Account Number Funds Used to Date Program or Project Category $0.00 Project Number Remaining Balance Fund Name Budgeted Item? Yes Budget Adjustment Attached? No V20130812 Previous Ordinance or Resolution# Original Contract Number. Comments: A.7 Assistance to Firefighters Grant Page 2 of 4 aye evl e THE CITY OFFAYETfEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor Jordan and City Council From: David Dayringer,Fire Chief Date: November 14, 2013 Subject: Approval to apply for and use matching funds for federal grant. PROPOSAL: The City of Fayetteville Fire Department has identified an opportunity to apply for an Assistance to Firefighters Grant (AFG) through the Federal Emergency Management Agency (FEMA) in order to purchase a Front Line Fire Pumper Apparatus. The cost of a Fire Pumper is approximately $475,000. The amount of the grant will be$427,500 (90%) with a City match of$47,500(10%). RECOMMENDATION: Staff recommends approval of the matching funds for a 2013 Assistance to Firefighters Grant in the amount of$475,000. The actual amount of the grant would be $427,500 (90%)with a City match of$47,500 (10%). Funding would be for the purchase of a Front Line Fire Pumper Apparatus. BUDGETIMPACT: Funds for the City's 10%match contribution are available from Fire Department Act 833 Revenue. A.7 Assistance to Firefighters Grant Page 3 of 4 RESOLUTION NO. A RESOLUTION AUTHORIZING APPLICATION FOR A 90/10 MATCHING ASSISTANCE TO FIREFIGHTERS GRANT THROUGH FEMA IN THE ESTIMATED AMOUNT OF $427,500.00 FOR THE PURCHASE OF A FRONT LINE FIRE PUMPER APPARATUS FOR THE FIRE DEPARTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby authorizes application for a 90/10 matching Assistance to Firefighters Grant through FEMA in the estimated amount of$427,500.00 for the purchase of a front line fire pumper apparatus for the Fire Department. PASSED and APPROVED this 31 day of December 2013. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer A.7 Assistance to Firefighters Grant Page 4 of 4 B.2 Resolutio ublic Hearing - for VAC 51 (Bre Drive,Court - Ta 7yereLd �� andWalton tr eU fiver ity of Arkansas) Departmental Correspondence Page 1 of4 S LEGAL • • DEPARTMENT Kit Williams City Attorney Jason B.Kelley Assistant City Attorney TO: Mayor Jordan Sondra Smith, City Clerk/Treasurer Jeremy Pate, Development Services Director FROM: Kit Williams,City Attorney DATE: November 26, 2013 RE: Vacation of street pursuant to A.C.A. § 14-301-301 I think we need to more closely follow the statutory procedures set forth in A.C.A. § 14-301-302 and 303 prior to vacating the streets as requested by the U of A. Our power to vacate streets stated in A.C.A. § 14-301-301 ends: "the city or town council shall have the power to vacate and abandon the street or alley, or any portion thereof, by proceeding in the manor set forth in this subchapter." (emphasis added). The next section requires the owners of the property abutting to file a petition requesting vacation. I assume our vacation application may suffice for this statutorily required petition. However, the City Council at its next meeting is supposed to "by resolution fix a day for the hearing of the petition . . . ." We need to present a Resolution fulfilling this requirement. Then "the city clerk . . . . (needs) to give notice of the meeting by publication once a week for two (2) consecutive weeks in some newspaper . . . . having a general circulation in the city . . . ." We can still go forward to vacate the streets pursuant to our power in A.C.A. § 14-54-104 although at least our Appellate Court has held that an existing street should be vacated under A.C.A. § 14-301-301 instead of A.C.A. § 14-54-104. 1 for VAC 13-4516(Brenda t and Walton StreeUUniversdy o a Pte; IT MUNICIPAL STREETS GENERALLY § 14-301-301 Note 1 Library References f ; Municipal Corporations em 521. Westlaw Key Number Scarch: 268k521. C.J.S. Municipal Corporations§§ 1396, I404. 'i',;YP he Siq" he 4 s SUBCHAPTER 3-VACATING STREETS AND } he ALLEYS FOR PUBLIC USE GENERALLY he 1, by § 14-301-301 Vacating authority t� I (a) Cities of the fust and second class and incorporated towns are given power and authority to vacate public streets and alleys within the cities and towns under the conditions and in the manner herein provided. ' ?' (b) In all cases where the owner Of property within a city or town shall have u eta dedicated, or may hereafter dedicate, a portion of the property to the public use as streets or alleys by platting the property and causing the plat to be filed for tt, st�'F S record, as provided by law, and any street or alley, or section thereof, shown on the plat so filed shall not have been actuallyused b the j y public as a street or alley for a period of five (5) years and in all cases where all property abutting ' ' any street or alley, or section thereof, is owned by any educational institution or a college, whether the property shall have been actually used by the public as a street or alley for a period of five (5) years or not, the city or town council shall k ty have power to vacate and abandon the street or alley, or any portion thereof, by •s- proceeding in the manner set forth in this subchapter. is Acts of 1945, Act 17,§§ I, 2; Acts of 1947,. Act 88, § I; Acts of 1949, Act 98, § 1. A n. Formerly A.S.A. 1947,§§ 19_3824, 19-382.5. t' Cross References vacation of public utility easements,see§ 14-199-103. fi Library References Municipal Corporations x657(2). C.J.S. Municipal Corporations §§ 1432 toI' to Westlaw Key Number Search: 268k657(2). 143-5, 1443. Notes of Decisions In general 1 Rights of individual property owners 7 ns Abandonmentornonuse 4 :pt Consent of landowners 8 Construction and application 2 1. In general ed Construction with other laws 3 A city has the power to vacate a portion of a dy Conveyances 9 street not needed for corporate purposes. Ark. Stals. § 19-2304. City of Sherwood v, Dupree he Educational institutions 5 Co., 1978, 263 Ark. 442, 565 S.W.2d 425. Mu- of Improvement districts 6 nici a Of p' Corporations e�-657(2) Injunctions 10 If determination is made that street is not Limitations of actions 11 needed for corporate purposes, city is not pro- z Questions of fact 12 hibited either from conveying streets to only abutting owner or from vacating street for bene- fit of abutting owner. Ark.Stats. § 19-2304. Freeze v.Jones, 1976, 260 Ark. 193, 539 S.W.2d 431 T B.2 Resolution Calling for a Public Hearing for VAC 13-4516(Brenda Drive,Court and Walton Street/University of Arkansas) Page 3 of 4 RESOLUTION NO. A RESOLUTION TO FIX THE DATE FOR HEARING THE UNIVERSITY OF ARKANSAS' REQUEST TO VACATE BRENDA DRIVE, COURT STREET AND WALTON STREET ON DECEMBER 17, 2013 AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS, ROOM 219 OF THE CITY ADMINISTRATION BUILDING WHEREAS, City Clerk Sondra Smith is requested to publish notice of the hearing date on the petition of the University of Arkansas to vacate Brenda Drive, Court Street and Walton Street once a week for two weeks pursuant to A.C.A. § 14-301-302. NOW, THEREFORE, 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 fixes the date for hearing the University of Arkansas' request to vacate Brenda Drive, Court Street and Walton Street on December 17, 2013 at 6:00 p.m. in the City Council chambers, Room 219 of the City Administration building. PASSED and APPROVED this 3" day of December 2013. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer B.2 Resolution Calling for a Public Hearing for VAC 13-4516(Brenda Drive,Court and Walton Street/University of Arkansas) Page 4 of 4