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HomeMy WebLinkAbout2015-01-06 - Agendas - Archive Alderman Adella Gray ' Alderman Justin Tennant Ward 1 Position 1 0 � Ward 3 Position l Alderman Sarah Marsh Alderman Martin W. Schoppmeyer,Jr. Ward 1 Position 2 Ward 3 Position 2 Alderman Mark Kinion Alderman John La Tour Ward 2 Position l Ward 4 Position I 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 January 6, 2015 A meeting of the Fayetteville City Council was held on January 6, 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 Oaths of Office Kit Williams City Attorney John S. La Tour Alderman Ward 4 District Judge William A. Storey administrated the Oath of Office to City Attorney Kit Williams and Alderman John S. La Tour at the City Council meeting. Justin Tennant Alderman Ward 3 Judge Beth Storey Bryan administrated the Oath of Office to Alderman Justin Tennant on January 5, 2015. Adella Gray Alderman Ward 1 Mark Kinion Alderman Ward 2 Mayor Lioneld Jordan administrated the Oaths of Office for Alderman Adella Gray and Alderman Mark Kinion on January 9, 2015. Roll Call Pledge of Allegiance 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: 1. Election of Vice Mayor THIS WAS TABLED TO THE JANUARY 20, 2015 CITY COUNCIL MEETING 2. Report on the Firemen's Pension and Policemen's Pension and Relief Fund 3. Housing Authority Board Commissioners Appointment APPROVED 4. ORT-Ozark Regional Transit - Semi-Monthly Report 5. City Council Committee Appointments APPROVED Agenda Additions: A. Consent 1. Approval of the December 16, 2014 City Council meeting minutes. APPROVED 2. 2015 Overlay/Sidewalk Projects: A resolution to approve the Transportation Division Overlay/Sidewalk Projects list for 2015. THIS RESOLUTION WAS REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 05-15 3. Hazmat Services Revenue: A resolution to approve a budget adjustment recognizing Hazmat Services Revenue received by the Fire Department from Washington County in the amount of$5,180.00 and increasing the related expense budget. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 01-15 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov 4. Internet Crimes Against Children Task Force Program: A resolution to authorize acceptance of a non-matching continuation subgrant from the Internet Crimes Against Children Task Force Program in the amount of $14,976.78, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 02-15 5. City of Johnson Rezoning: A resolution agreeing to the change in zoning from R-1, Single-Family Residential to R-O, Residential Office for property located in the City of Johnson that adjoins parcels in the City of Fayetteville. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 03-15 6. Dan and Anita Spencer Five Year Lease Agreement: A resolution to approve a five year lease agreement with an option to renew for an additional five years with Dan and Anita Spencer for approximately 18.18 acres of unused city property on the west side of Lake Sequoyah in exchange for the Spencers conveying additional easements to the city that are necessary for construction and operation activities pertaining to the Lake Sequoyah Sediment Removal Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 04-15 B. Unfinished Business 1. Enact 71.016 Insurance Requirements for Motorized Bicycles, Motor Scooters and Mopeds: An ordinance to amend the Fayetteville Code by enacting § 71.016 Insurance Requirements for Motorized Bicycles, Motor Scooters and Mopeds. THIS ORDINANCE WAS TABLED TO THE FEBRUARY 17, 2015 CITY COUNCIL MEETING AND WAS LEFT ON THE SECOND READING 2. RZN 14-4859 Niederman Enterprises: An ordinance rezoning that property described in Rezoning Petition RZN 14-4859, for approximately 1.9 acres, located at the 300 &400 block of Martin Luther King Boulevard from NC, Neighborhood Conservation, to DG, Downtown General. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5732 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov C. New Business 1. Northwest Arkansas Regional Planning Commission: An ordinance waiving the requirements of formal competitive bidding and approving a one-year contract with the Northwest Arkansas Regional Planning Commission in the amount of $40,017.86 for a Stormwater Education Program for 2015. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5733 2. RZN 14-4864 Koutroumbis Appeal: An ordinance rezoning that property described in Rezoning Petition RZN 14-4864, for approximately 0.26 acres, located at 232 West Ash Street from RSF-4, Residential Single Family, 4 units per acre, to RMF-24, Residential Multi-Family, 24 units per acre. THIS ORDINANCE WAS LEFT ON THE FIRST READING 3. RZN 14-4894 3525 S. School Ave./Yates: An ordinance rezoning that property described in Rezoning Petition RZN 14-4894, for approximately 3.78 acres, located at 3525 South School Avenue from C-2, Thoroughfare Commercial, to I-1, Heavy Commercial/Light Industrial. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5734 4. Amend Chapters 151, 161, 162 and 166 (ADM 14-4896 UDC Amendment): An ordinance amending Title IV: Unified Development Code of the City of Fayetteville, to amend Chapters 151, 161, 162 and 166 to create a new use unit for Small Scale Production including boutique and specialty manufacturing and to place this new use unit in appropriate zoning designations. THIS ORDINANCE WAS LEFT ON THE FIRST READING D. City Council Agenda Session Presentations: E. City Council Tour: F. Announcements: G. Adjournment: 7:05 p.m. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov City Council Meeting: Janua.y 6,2015 .djourn: 7 0 5 F M Subject: Roll Petty Tennant pq�q Schoppmeyer La Tour nce�, A,A Long Gray t"-/ 14A e,11 Z,A&: Marsh Kinion Mayor Jordan _ d Subject: Election of Vice Mayor Motion To: Jfn E Motion By: p ffV Seconded: Petty Tennant Schoppmeyer La Tour V, (J" Long ✓ 8 15 Gray acct 110k -- Marsh !/ Kinion ( , Mayor Jordan 5�p City Council Meeting: January 6,2015 Subject: Housing Authority Board Commissioners Appointment Motion To: A rove Motion By: G, Seconded: M",Zk Petty ✓ Tennant Schoppmeyer ✓ / n�d t La Tour V-1(,t Long ✓ Gray ve Marsh Kinion Mayor Jordan Subject: City Council Committee Appointments Motion To: Motion By: Cj Seconded: ftt&c- Petty i/ Tennant Schoppmeyer ✓ La Tour ✓ Long ✓ Gray Marsh r✓ Kinion Mayor Jordan (9 _Q City Council Meeting: January 6,2015 Subject: Consent Motion To: ✓1p� /T �"o✓e Motion By: rnck�tc/+ Seconded: Petty ✓ mvw� Tennant Schoppmeyer ✓ La Tour rAved Long ✓` Gray w W1'4L A,A, Marsh as'` Kinion Corn. b1-15 Mayor Jordan ori-i5 G nq Subject: �/Lu xn�raxt~e' crE p i vi SiDn ©JP/ J Sl oft sem+ w@ x„005 Motion To: App Motion By: rj4wL,- Seconded: G Petty 4V Tennant 01) V Cps�p,e",t Schoppmeyer V-� La Tour A/ r ., Long r/ ___ � Gray Marsh ✓ I 1Cinion ,p 5,0- Mayor Jordan City Council Meeting: January 6,2015 Subject: Enact 71.016 Insurance Requirements for Motorized Bicycles,Motor Scooters and Mopeds Motion To: Motion By: Seconded: Maul- B. I B. I Petty Unfinished Tennant Business Schoppmeyer ✓ //�� La Tour r/ ✓ J/� Long ✓ G'` --M . 17, Gray aoa5 Marsh ✓ ' 4tit fly¢ n^ Kinion e,RA " ,,,. Mayor Jordan Subject: RZN 14-4859 Niederman Enterprises Motion To: nil 3Y[I lbw} Q4o-o Motion By: I Seconded: B. 2 Petty r/ ✓ ✓. Unfinished Tennant q�Q� � Q,6,y-t Business Schoppmeyer (/ ✓ ✓ La Tour ✓ '� Long ✓ '� ,✓ Gray ✓ ✓ Marsh limon 5, 4SO . Mayor Jordan City Council Meeting: January 6,2015 Subject: Northwest Arkansas Regional Planning Commission Motion To: an frd 8141 P444 Motion By: / agla- Seconded: (� C. 1 Petty ✓ New Tennant - �� W414 Business Schoppmeyer La Tour Long ✓ Gray ./ �/ ✓ Marsh ✓ ✓ t/ Kinion � — � k f 61 A"t Mayor Jordan Subject: RZN 14-4864 Koutroumbis Appeal Motion To: Motion By: Seconded: C.2 Petty New, Tennant Business Schoppmeyer A La Tour Long Gray 3irJ� Marsh Kinion Mayor Jordan City Council Meeting: January 6,2015 Subject: RZN 14-4894 3525 S. School Ave./Yates Q Motion To: a/)A Sri! Pte., Motion By: Seconded: C� C. 3 Petty ✓ ,, New Tennant } Business Schoppmeyer ✓ 1/ La Tour Long ✓ Gray r/ ✓ r/ Marsh Kinion ( (lpka 04Af4l!- "Ae..t Mayor Jordan 40-6 6 -6 (o -V Subject: Amend Chapters 151, 161, 162 and 166 1 ADM 14-4896 UDC Amendment Small-Scale Production Motion To: Motion By: Seconded: C. 4 Petty New Tennant Business Schoppmeyer La Tour Long Gray 3 Marsh Kinion Mayor Jordan Ll DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington Assistant City Attorney TO: Mayor Jordan Patti Mulford THRU: Sondra Smith, City Clerk Paralegal FROM: Kit Williams,City Attorney ..u! DATE: January 7,2015 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of January 6, 2015 1. A Resolution to approve the Transportation Division overlay/sidewalk projects list for 2015. 2. A Resolution to approve a budget adjustment recognizing hazmat services revenue received by the Fire Department from Washington County in the amount of $5,180.00 and increasing the related expense budget. 3. A Resolution to authorize acceptance of a non-matching continuation subgrant from the Internet Crimes Against Children Task Force Program in the amount of $14,976.78, and to approve a budget adjustment. 4. A Resolution to approve a five year lease agreement with an option to renew for an additional five years with Dan and Anita Spencer for approximately 18.18 acres of unused City property on the west side of Lake Sequoyah in exchange for the Spencers conveying additional easements to the City that are necessary for construction and operation activities pertaining to the Lake Sequoyah Sediment Removal Project. 5. An Ordinance waiving the requirements of formal competitive bidding and approving a one-year contract with the Northwest Arkansas Regional Planning Commission in the amount of$40,017.86 for s stormwater education program for 2015. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 479-575-8323 Meeting Agenda - Final Tuesday, January 6, 2015 5:30 PM City Hall Room 219 City Council 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 City Council Meeting Agenda-Final January 6,2015 Call To Order 2014-0488 Oaths of Office: City Attorney Kit Williams Adella Gray, Alderman Ward 1 Mark Kinion, Alderman Ward 2 Justin Tennant, Alderman Ward 3 John S. LaTour, Alderman Ward 4 Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 1. 2014-0489 Election of Vice Mayor 2. 2014-0490 Report on the Firemen's and Policemen's Pension and Relief Fund 3. 2014-0581 Housing Authority Board Commissioners Appointment Attachments: HAB Appointment 4th Qtr 2014 2014-0589 ORT-Ozark Regional Transit- Semi-Monthly Report 2015-0004 City Council Committee Appointments Attachments: 2015 City Council Committees 123014 Final Agenda Additions: A. Consent: A. 1 2014-0317 Approval of the December 16, 2014 City Council meeting minutes. A. 2 2014-0568 A RESOLUTION TO APPROVE THE TRANSPORTATION DIVISION OVERLAY/SIDEWALK PROJECTS LIST FOR 2015 Attachments: 2014-0568 City of Fayetteville,Arkansas Page 2 Printed on 1213112014 City Council Meeting Agenda-Final January 6,2015 A. 3 2014-0574 A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT RECOGNIZING HAZMAT SERVICES REVENUE RECEIVED BY THE FIRE DEPARTMENT FROM WASHINGTON COUNTY IN THE AMOUNT OF $5,180.00 AND INCREASING THE RELATED EXPENSE BUDGET Attachments: SRF &SRM Hazmat Revenue BA BUDGET ADJUSTMENT FORM Hazmat Revenue Arkansas Missouri Ra A. 4 2014-0575 A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A NON-MATCHING CONTINUATION SUBGRANT FROM THE INTERNET CRIMES AGAINST CHILDREN TASK FORCE PROGRAM IN THE AMOUNT OF $14,976.78, AND TO APPROVE A BUDGET ADJUSTMENT Attachments: CC Packet-2014 ICAC Award BA-2014 ICAC Award A. 5 2014-0580 A RESOLUTION AGREEING TO THE CHANGE IN ZONING FROM R-1, SINGLE-FAMILY RESIDENTIAL TO R-O, RESIDENTIAL OFFICE FOR PROPERTY LOCATED IN THE CITY OF JOHNSON THAT ADJOINS PARCELS IN THE CITY OF FAYETTEVILLE Attachments: Full agenda packet CC RES 2015-0580 A. 6 2014-0584 A RESOLUTION TO APPROVE A FIVE YEAR LEASE AGREEMENT WITH AN OPTION TO RENEW FOR AN ADDITIONAL FIVE YEARS WITH DAN AND ANITA SPENCER FOR APPROXIMATELY 18.18 ACRES OF UNUSED CITY PROPERTY ON THE WEST SIDE OF LAKE SEQUOYAH IN EXCHANGE FOR THE SPENCERS CONVEYING ADDITIONAL EASEMENTS TO THE CITY THAT ARE NECESSARY FOR CONSTRUCTION AND OPERATION ACTIVITIES PERTAINING TO THE LAKE SEQUOYAH SEDIMENT REMOVAL PROJECT Attachments: 2014-0584 Lake Seguoyah Land Easement B. Unfinished Business: B. 1 2014-0437 AN ORDINANCE TO AMEND THE FAYETTEVILLE CODE BY ENACTING § 71.016 INSURANCE REQUIREMENTS FOR MOTORIZED BICYCLES, MOTOR SCOOTERS AND MOPEDS Attachments: Agenda Packet$71.016 Insurance Requirements Legislative History 12/16/14 City Council left on first reading This ordinance was left on the 1st reading and sent to the Ordinance Review Committee. City of Fayetteville,Arkansas Page 3 Printed on 12/3112014 City Council Meeting Agenda-Final January 6,2015 B. 2 2014-0532 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 14-4859, FOR APPROXIMATELY 1.9 ACRES, LOCATED AT THE 300 &400 BLOCK OF MARTIN LUTHER KING BOULEVARD FROM NC, NEIGHBORHOOD CONSERVATION, TO DG, DOWNTOWN GENERAL Attachments: RZN 14-4859 Niederman ORD 14-4859 Niederman Legislative History 12/2/14 City Council tabled This ordinance was left on the first reading and tabled to the January 6,1015 City Council Meeting at the December 2, 2014 City Council Meeting. C. New Business: C. 1 2014-0577 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A ONE-YEAR CONTRACT WITH THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION IN THE AMOUNT OF $40,017.86 FOR A STORMWATER EDUCATION PROGRAM FOR 2015 Attachments: 2014-0577 Stormwater Education Agreement C. 2 2014-0572 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 14-4864, FOR APPROXIMATELY 0.26 ACRES, LOCATED AT 232 WEST ASH STREET FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, TO RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE Attachments: 14-4864 CC Packet 14-4864 CC ORD C. 3 2014-0579 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 14-4894, FOR APPROXIMATELY 3.78 ACRES, LOCATED AT 3525 SOUTH SCHOOL AVENUE FROM C-2, THOROUGHFARE COMMERCIAL, TO I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL Attachments: 14-4894 Full Agenda Request 14-4894 CC ORD City of Fayetteville,Arkansas Page 4 Printed on 1213112014 City Council Meeting Agenda-Final January 6,2015 C. 4 2014-0576 AN ORDINANCE AMENDING TITLE IV: UNIFIED DEVELOPMENT CODE OF THE CITY OF FAYETTEVILLE, TO AMEND CHAPTERS 151, 161, 162 AND 166 TO CREATE A NEW USE UNIT FOR SMALL SCALE PRODUCTION INCLUDING BOUTIQUE AND SPECIALTY MANUFACTURING AND TO PLACE THIS NEW USE UNIT IN APPROPRIATE ZONING DESIGNATIONS Attachments: 14-4896 CC packet Additional Exhibit AADM 14-4896 14-4896 CC ORD D. City Council Agenda Session Presentations: E. City Council Tour: F. Announcements: G. 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 5 Printed on 1213112014 City Council Meeting Agenda-Final January 6,2015 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 6 Printed on 1213112014 City of Fayetteville 2015 Rules of Order and Procedure City Council Committees Transportation Adella Gray 442-4958 (Approved by the City Council) Alderman Ward 1 Chair to be elected at the first committee meeting of 2015 Adella Gray 442-4958 Alderman Ward 1 Transportation Matthew Petty 595-8703 Alderman Ward 2 Nominating Justin Tennant 387-8462 Alderman Ward 3 Alan Long 304-0585 Alderman Ward 4 Sarah Marsh 287-4054 Chris Brown 575-8206 Staff Contact Alderman Ward 1 Terry Gulley 575-8228 Staff Contact Water& Sewer Ordinance Review Sewer Mark Kinion 442-7868 (Approved by the City Council) Alderman Ward 2 Chair to be elected at the first committee meeting of 2015 Sarah Marsh 287-4054 Alderman Ward 1 Water& Sewer Mark Kinion 442-7868 Alderman Ward 2 Nominating Martin Schoppmeyer 935-4605 Alderman Ward 3 John La Tour 443-7878 Alderman Ward 4 Matthew Petty 595-8703 Tim Nyander 575-8386 Interim Staff Contact Alderman Ward 2 Don Marr 575-8330 Interim Staff Contact Transportation Ordinance Review Nominating Chair to be elected at the first committee meeting of 2015 Adella Gray 442-4958 Alderman Ward 1 Justin Tennant 387-8462 Mark Kinion 442-7868 Alderman Ward 2 Alderman Ward 3 Martin Schoppmeyer 935-4605 Alderman Ward 3 Transportation Alan Long 304-0585 Alderman Ward 4 Ordinance Review Sondra Smith 575-8323 Staff Contact Lisa Branson 575-8323 Staff Contact Martin Schoppmeyer 935-4605 Alderman Ward 3 Water& Sewer Ordinance Review Nominating Chair to be elected at the first committee meeting of 2015 Sarah Marsh 287-4054 Alderman Ward 1 Matthew Petty 595-8703 Alderman Ward 2 John La Tour 443-7878 Justin Tennant 387-8462 Alderman Ward 3 Alderman Ward 4 John La Tour 443-7878 Alderman Ward 4 Water& Sewer Kit Williams 575-8313 Staff Contact Ordinance Review Alan Long 304-0585 Alderman Ward 4 Transportation Nominating 2015 All City Counicl Committee Appointments Adella Gray Transportation Committee Nominating Committee Equipment Committee Advertising & Promotions Commission Sarah Marsh Water& Sewer Committee Ordinance Review Active Transportation Advisory Committee Energy Improvement District Mark Kinion Water& Sewer Committee Nominating Committee Animal Services Committee Town & Gown Committee Matthew Petty Transportation Committee Ordinance Review Equipment Committee Advertising & Promotions Commission Audit Committee Justin Tennant Transportation Committee Ordinance Review NWA Regional Planning Commission Martin Schoppmeyer Water& Sewer Committee Nominating Committee Equipment Committee Washington County Regional Ambulance John La Tour Water& Sewer Committee Ordinance Review Equipment Committee Alan Long Transportation Committee Nominating Committee Environmental Concerns Committee Mayor Jordan Airport Board City Board of Health Firemen's Pension Policemen's Pension NWA Regional Planning Commission ADM 14-4896 EXHIBIT "A" §162.01 (SS) Unit 45. Small scale production (1) Description. Unit 45 is provided in order that increased variety and flexibility of non-residential goods, services, and employment centers may be provided in close proximity to residences and commercial uses. These uses may have adverse impacts because of high traffic, delivery vehicles, noise, or odors and may pose compatibility issues if they are not limited in size. (2) Included uses. Unit 42. Clean All uses within Unit 42 are permitted with technologies a maximum gross floor area of 5,000 square feet Microbrewery; Maximum gross floor area of 10,000 microwinery; square feet for the manufacturing portion microdistillery of the facility and production of less than 15,000 barrels per year Boutique/specialty -Specialty food manufacturers with or manufacturing without a retail store front (maximum gross -Coffee roasting facility floor area of 5,000 -Other specialty manufacturers that have square feet) minimal impacts to adjoining properties compared with what is typically generated by similar uses within the designated zoning district, as determined by the Zoning and Development Administrator City Council Meeting Minutes December 16,2014 Page 1 of 20 Alderman Adella Gray Alderman Justin Tennant Ward 1 Position L Ward 3 Position L Alderman Sarah Marsh a Alderman Martin W. Schoppmeyer,Jr. Ward 1 Position 2 Ward 3 Position 2 Alderman Mark Kinion / Alderman Rhonda Adams Ward 2 Position 1 Ward 4 Position 1 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 December 16, 2014 A meeting of the Fayetteville City Council was held on December 16, 2014 at 5:30 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 Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Justin Tennant, Martin Schoppmeyer, Alan Long, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Alderman Mark Kinion arrived at 5:39 p.m. ABSENT: Alderman Rhonda Adams Pledge of Allegiance: Mayor's Announcements, Proclamations and Recognitions: Alderman Rhonda Adams Recognition Alderman Adams was absent. City Council Meeting Presentations, Reports and Discussion Items: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 16,2014 Page 2 of 20 Mayor Confirmation of the Public Facilities Board Appointment Alderman Tennant stated the Mayor recommends the appointment of Tommy Deweese to the Public Facilities Board. Mayor Confirmation of the Northwest Arkansas Regional Airport Authority Appointments Alderman Tennant stated the Mayor recommends the appointment of Mike Johnson and Blake Woolsey to the Northwest Arkansas Regional Airport Authority. Nominating Committee Report Alderman Tennant read the Nominating Committee Report and recommended the appointments as submitted. Alderman Gray moved to approve the Nominating Committee Report, Public Facilities Board appointment and the Northwest Arkansas Regional Airport Authority appointments. Alderman Long seconded the motion. Upon roll call the motion passed 6-0. Alderman Kinion was absent during the vote. Alderman Adams was absent. A copy of the report is attached. Town Center Annual Report Sandra Bennett, Facilities Manager presented the Town Center report. City Attorney Kit Williams stated his appreciation for the leadership of the Town Center and the success it has achieved. A copy of the report is attached. Agenda Additions: None Consent: Approval of the December 2, 2014 City Council meeting minutes. Approved Housing Contract Services & Community Outreach Projects: A resolution to approve a budget adjustment for Housing Contract Services in the amount of $11,364.00 representing 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 16,2014 Page 3 of 20 Community Development Block Grant Program income received through a housing program lien payoff, and to approve a budget adjustment for Community Outreach Projects in the amount of $627.00 representing donations to Ranger's Pantry and the Senior Giving Tree. Resolution 216-14 as recorded in the office of the City Clerk Benchmark Construction Change Order No. 2 at Fire Station No. 1: A resolution to approve Change Order No. 2 to the contract with Benchmark Construction in the amount of$6,703.00 for installation of a sidewalk and an Americans with Disabilities Act Compliant Ramp for the Fire Station No. 1 Driveway Replacement Project. Resolution 217-14 as recorded in the office of the City Clerk Bid# 14-45 JL Bryson-Noland Wastewater Treatment Plant: A resolution to award Bid#14- 45 and authorize a Contract with JL Bryson,Inc. for the installation of an ozone disinfection system at the Noland Wastewater Treatment Plant in the amount of$867,010.00, to approve a project contingency in the amount of$86,701.00, and to approve a budget adjustment. Resolution 218-14 as recorded in the office of the City Clerk Bid#14-64 to Evans Enterprises,Inc.-Noland Wastewater Treatment Plant: A resolution to award Bid #14-64 to Evans Enterprises, Inc. to rebuild four (4) motors and to purchase four (4) Variable Frequency Drives and Load Reactors for the Noland Wastewater Treatment Plant in the amount of$42,341.74 plus applicable taxes. Resolution 219-14 as recorded in the office of the City Clerk Bid #14-61 to Rogers Iron and Metal: A resolution to award Bid #14-61 to Rogers Iron and Metal for the removal and recycling of scrap metal items for an amount established in the seventh effective issue of the American Metal Market Automobile Scrap Index each month for the Arkansas/Tennessee market less Rogers Iron and Metal's operating costs in the amount of$96.00 per ton. Resolution 220-14 as recorded in the office of the City Clerk Federal and State Law Enforcement Forfeiture Revenue: A resolution to approve a budget adjustment in the total amount of $44,018.00 recognizing Federal and State Law Enforcement Forfeiture Revenue received through November 2014. Resolution 221-14 as recorded in the office of the City Clerk Fayetteville Police Department Donation Revenue: A resolution to approve a budget adjustment in the total amount of $7,900.00 recognizing donation revenue to the Fayetteville Police Department in support of officer service awards, general recognition and repair of the vandalized police memorial monument. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 16,2014 Page 4 of 20 Resolution 222-14 as recorded in the office of the City Clerk Watershed Conservation Resource Center Amendment No. 2 Niokaska Creek: A resolution to approve Amendment No. 2 to the Memorandum of Understanding with the Watershed Conservation Resource Center in an amount not to exceed $6,020.00 for enhancement of the existing floodplain of the Niokaska Creek in Sweetbriar Park, monitoring of bank erosion and repairs to rock structures constructed as part of the original stream restoration project. Resolution 223-14 as recorded in the office of the City Clerk C112M Hill Engineers Amendment No. 6: A resolution to approve Amendment No. 6 to the agreement for operations, maintenance and management services between the City of Fayetteville, Arkansas and CH2M Hill Engineers, Inc. in the amount of$7,902,543.00 for services in 2015. Resolution 224-14 as recorded in the office of the City Clerk Master Transportation Plan: A resolution to approve a budget adjustment in the amount of $500,000.00 for the development of a Master Transportation Plan. Resolution 225-14 as recorded in the office of the City Clerk Hotel, Motel and Restaurant 2014 Bond Capital Improvement Walton Arts Center: A resolution to approve the attached budget adjustment for both the 2014 and 2015 budgets to create the Hotel, Motel and Restaurant 2014 Bond Capital Improvement fund in the amount of $7,181,004.00 for the Walton Arts Center Expansion and Enhancement Project and $3,642.656.00 for Phase I of the Regional Park Project. Resolution 226-14 as recorded in the office of the City Clerk Alderman Marsh moved to accept the Consent Agenda as read. Alderman Long seconded the motion. Upon roll call the motion passed 7-0. Alderman Adams was absent. Unfinished Business: Hanna's Landing Appeal: An ordinance rezoning that property described in Rezoning Petition RZN 14-4850, for approximately 4.96 acres, located along the north side of Martin Luther King Boulevard between Government and Hill Avenues, from I-1, Heavy Commercial/Light Industrial, to C-2, Thoroughfare Commercial. City Attorney Kit Williams: Late this afternoon we received a Bill of Assurance from the applicant. The ordinance needs to be amended to show our reliance upon that Bill of Assurance. We have a minor change in the title and change the current Section 2 to Section 3. The new Section 2 will read, that the City Council accepts the proffered Bill of Assurance from the applicant and relies upon this Bill of Assurance in making this rezoning decision. This would need to be an amendment to the ordinance in order to accept and consider the Bill of Assurance. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 16,2014 Page 5 of 20 Alderman Petty moved to amend the ordinance to accept a Bill of Assurance. Alderman Gray seconded the motion. Upon roll call the motion passed 7-0. Alderman Adams was absent. City Attorney Kit Williams read the entire ordinance,therefore there was no need to suspend the rules and go to the third reading. Jeremy Pate, Director of Development Services stated the City Attorney office has submitted a memo outlining some concerns with the Bill of Assurance. City Attorney Kit Williams: I noticed some problems with the Bill of Assurance. No applicant needs to ever provide a Bill of Assurance. If an applicant wants to provide a Bill of Assurance, then we have designed a form we feel is easy to understand. Our form is clear as to what the city's rights would be and how to enforce it. We provided a form to the applicants. Their attorney chose to not use many parts of the form and to put in other language. It causes me some concern and some of the form is incorrect. They say the Planning Commission relied upon this. The Planning Commission met a few months ago and the Bill of Assurance showed up today. They say the Planning Commission can change it and that can't happen. Only the City Council can change the Bill of Assurance in the future with the concurrence of the applicant. A Bill of Assurance normally does exclude uses that the City Council might feel would be objectionable. The wording they chose only excluded uses as a primary business activity. This is a five acre site. You can have a primary activity and still have a couple of acres left for non-primary activities, which could include some of these objectionable uses they claim they are excluding. There is other language in here which is confusing and this is not a normal Bill of Assurance. There are enforcement provisions in it, but the primary business usage and incidental things they talk about make it where this is not a very enforceable Bill of Assurance. Stephen Giles, Agent for Property Owner: I agree with some of the things that Kit is saying. Anytime Wal-Mart presents something that is going to be filed of record, it has gone up and down the channels at Wal-Mart legal. Several lawyers have looked at this and they have seen Kit's. We feel like ours is the better document. We have said over and over again what we plan to do if you rezone the property. The Hanna's have committed to the City Council and everybody in the City of Fayetteville in a written document that clearly tells you what is not going to be on the property. A discussion followed about what would not be permitted by the Hanna family and Wal-Mart on the property. City Attorney Kit Williams: Why didn't you just say these specific activities will not be allowed, instead of not be allowed as the primary business activity? When you say that, you are saying we might allow those activities, just not the primary business activity. These are your words and I have talked to you about this before and tried to have you do a very simple form which says you won't do this. You won't have these activities on here like you just told the City Council,but when I see it in black and white, I see a lot of wiggle room because it could be a secondary business 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 16,2014 Page 6 of 20 activity. I know Wal-Mart is not planning on doing that, so I don't know why that language is in there. Stephen Giles: It was in there to try to present it in Wal-Mart corporates approval. A document telling you that's what it says. We are not trying to do incidental uses or permitted uses. The store is going to be there for thirty years or more and we don't want to go down the line here when we get into an argument about what we can or can't do. We are telling you now,what we are going to do. Alderman Long: If this is the case,then why couldn't we have it rephrased to what Kit suggested? Stephen Giles: I don't have the authority to change this. This is the document we want to present. It says what Kit's paragraph one and two does. It just has the other things in it that in Wal-Mart's vast experience, they run into trouble if some of these things aren't explicitly stated. City Attorney Kit Williams: At the end of my memo I pointed out that before there was a Bill of Assurance, I still thought having a shopping goods opportunity, which is only allowed in C-2 and not in I-1, made a lot of sense for this thoroughfare. Even before the Bill of Assurance I thought this fit within the 2030 Plan to some extent. However, this is your decision and the Bill of Assurance that was proffered to us is not a normal Bill of Assurance and has language that can be interpreted as such, that the alleged restrictions on activities is not very strong. Stephen Giles: It is our word. A discussion followed about the total acreage of the property. City Attorney Kit Williams: In most rezoning's, you can't talk about what the project is going to be. These are the standards we've held too. Is that correct, Jeremy? Jeremy Pate: That would be consistent with any other applicant. If the Bill of Assurance had an attachment that showed what the project is going to be, I think you could then go into the details. As it stands, there are a number of uses this could still be in 30 or 40 years. City Attorney Kit Williams: State law is that you are supposed to consider all the uses that are available for the rezoning and decide whether all of the uses are something that is more desirable than the current uses of I-1, which does not allow shopping goods. That is one of the primary differences. A discussion followed about the Bill of Assurance in the construction of sidewalks to permit trees to be planted between the sidewalk and street. Mayor Jordan discussed the rules for public comment. Jeff Williams,Ward 1 spoke in favor of the ordinance. Mr. Williams presented a petition with 24 signatures in support of the ordinance. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 16,2014 Page 7 of 20 Edward Hejtmanek, spoke in opposition of the ordinance. Adam Cox, 533 South Church stated he is in favor of Form Based Zoning. Davis Trice, University of Arkansas student spoke in favor of the ordinance. Jerry Hogan, East Oaks stated the area has residual historical value and that should be taken in consideration. Erin Burton, 588 South Block Avenue spoke in opposition of the ordinance. Brady Carmen, 440 South Locust spoke in opposition of the ordinance. Laura Walsh, 224 South Church spoke in opposition of the ordinance. Johnny Chamberlin, 502 South Mashburn Avenue spoke in opposition of the ordinance. Pam Burton, 671 South Block Avenue spoke in opposition of the ordinance. Alan Ostner, 312 South Block spoke in opposition of the ordinance. Brian Hurley, 215 South Block spoke in opposition of the ordinance. Carter Yeatman, 324 South East Avenue spoke in opposition of the ordinance. Woodrow Shew, 525 North Walnut Avenue spoke in opposition of the ordinance. Skip Deaton, Corner of Hill and MLK spoke in favor of the ordinance. Sarah House, East Prospect Street spoke in opposition of the ordinance. Angela Wisely, 502 South Mashburn Avenue spoke in opposition of the ordinance. Rachel Tubbits,426 South Government Avenue spoke in opposition of the ordinance. Rob Sharp, East 41" Street spoke in opposition of the ordinance. Jamie Davis, 1227 South Maxwell spoke in favor of the ordinance. Darlene Graph, 7 East South Street spoke in opposition of the ordinance. Jeff Peterson, 2642 East Golden Oaks spoke in favor of the ordinance. Alice Beetz, 512 South East Avenue spoke in opposition of the ordinance. Thad Hanna, 16308 East Black Road spoke in favor of the ordinance. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 16,2014 Page 8 of 20 Hank Kaminsky, 641 West 6th Street spoke in opposition of the ordinance. Steve Clark, 438 East Fairway Lane spoke in favor of the ordinance. Michael Lindsey, Director of Public Affairs for Wal-Mart spoke in favor of the ordinance. Aubrey Shepherd spoke in opposition of the ordinance. Alderman Gray: I have been torn on this issue. I am a City Council person that believes in doing what is best for Fayetteville. Fayetteville needs this grocery store. The plan they have produced for us is a beautiful plan. I will be supporting the C-2 zoning. Alderman Petty: The neighbors have banded together against the rezoning. I'm not willing to step through that line. The applicant is one of the best negotiators in the world. When you are negotiating with one of the best negotiators in the world, it puts you at a disadvantage. When you look at the C-2 zoning, it's virtually the same zoning that exists in almost every community in America. It's not a great economic development strategy on our part to say we are going to try and out compete other cities by being just like them. Be a little different, which is the whole point to all the public input sessions that we had. I understand it means having to think outside of the box that is used to build so many of these stores every year,but they have done it. Alderman Marsh stated she is listening to her constituents and they want a superbly walkable environment. She stated her citizens want a city that looks more like Downtown, such as the pictures that are used on Fayetteville's tourist brochures. She referred to the Fayetteville Downtown Master Plan and stated designing for pedestrians first is what makes a good street. She stated she would not support C-2 zoning, but would support a change to Urban Thoroughfare. Alderman Kinion stated when neighborhoods identify what they want in their neighborhood, it needs to be taken seriously. He stated he participated in and knows the vision for the Fayette Junction Master Plan, Walker Park Master Plan and Downtown Master Plan. He believes anyone who develops in this area needs to be held to the same standards. He stated he didn't want to impede anyone from developing on this property who can supply a need. He believes the vision can be met that was set by individuals who participated in the neighborhood plans and still invite good development to meet the needs for this property. He spoke about the development history of troubled areas in regards to large boxed retail stores. He stated he can't support the C-2 zoning of this property even though he supports the concept. Alderman Long: I've heard a lot of people say they support UT zoning, but no one has applied for UT zoning at this point. When looking at our overall zoning map, I see C-2 directly adjacent to this, as is I-1. I think C-2 is more appropriate than Industrial Zoning,where someone could build a factory, car lot or gas station. Something else that's troubled me is that I've heard about the walkability and how this won't encourage that. At the intersection of Garland and Wedington, there is a Harps with a transit stop. I see almost as many pedestrians there at that transit stop as I do vehicles. In the Bill of Assurance we've been told there will be a transit stop. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov City Council Meeting Minutes December 16,2014 Page 9 of 20 Form Based Zoning was meant to be an option, not something we would require when it was established. If it was something we were going to require, we would be talking about putting parking in the back behind the residence which would draw more traffic in toward where the neighborhood is at. If I lived there, I wouldn't want that. I will be supporting C-2. Alderman Marsh: Kit, in our discussions at the last Council meeting you mentioned that the City Council can rezone a piece of property to anything it would like to do. Is that correct? City Attorney Kit Williams: Zoning is a legislative decision that can be made by the City Council. It can't be made arbitrarily and capriciously. Alderman Marsh: Can I move that we rezone this to Urban Thoroughfare? City Attorney Kit Williams: I would like to defer to Jeremy Pate on this. Jeremy Pate: My preference would be if the Council is looking for a different zoning, than the applicant has requested, would be to table the item to allow public consumption and the applicant to think about that idea as well. Alderman Marsh: The Planning Commission, staff and neighborhood are speaking against the C-2. The neighborhood is saying they are fine with the use, but want the urban form. Alderman Marsh moved to amend the zoning to Urban Thoroughfare. Alderman Petty seconded the motion. A discussion followed about zoning the property to Urban Thoroughfare and a brief description of Urban Thoroughfare was given. City Attorney Kit Williams: I've not seen a City Council on a spur of the moment attempt to force an applicant to make a major change in their zoning request. There were some zoning changes that were forced in the Walker Park Plan, but that was after many charrette's and conversations with the landowners. I've never seen when we get to the third and final reading and close to a vote and a suggestion that we make a major change that has not been requested by the applicant. Mayor Jordan stated he agreed with City Attorney Williams. Alderman Petty: I would like to table it until the next meeting. I don't think we need to vote tonight. That would give staff enough time to come up with a recommendation regarding UT. It would give us time to consider the City Attorney's memo which has told us that compatibility should be the number one consideration of any rezoning decision. Thad Hanna: I can't believe that we are on a third reading and a City Council member tries to force a zoning request change on me without giving us any input. I have property for sale in the City of Fayetteville. I have a potential buyer who asked us to rezone it. I am doing a voluntary downzoning from I-1 to C-2. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 16,2014 Page 10 of 20 Alderman Petty moved to table the appeal and ordinance to the January 19, 2015 City Council meeting. Alderman Marsh seconded the motion. A discussion followed about the procedural process with the motions that are on the table and giving more time for the City Council and public to evaluate the Bill of Assurance. City Attorney Kit Williams: Mr. Giles, are you opposed to the tabling and would like to have a decision tonight? Stephen Giles stated they were under contract and opposed to the tabling of the ordinance. Alderman Kinion stated the Bill of Assurance was received less than 24 hours ago and not similar to anything he has seen in the past. He stated more time is needed to responsibly review the Bill of Assurance to see if it is appropriate. Stephen Giles stated he has been working for weeks on the Bill of Assurance and it takes a lot of time to go through corporate to get this approved. Mayor Jordan explained the process of tabling the item and rezoning to C-2 or Urban Thoroughfare. Rob Sharp: The worst thing you can do for economic development, investment or landowners is to not have predictability. If we are all over the map, then no one wants to do business in our town. We are overriding our staff, Planning Commission and our 2030 Goals. We should table this to have more time to consider it. If the landowner wanted to expedite the process, he could have met with the staff and found out what the best chance is to get this through. They didn't want to go that route and they wanted to ram this down our throats. They are now saying they don't have enough time and it's disingenuous. Thad Hanna: This has been a long drawn out process. This is the third reading and we have had it tabled one reading already. It's disingenuous to have a Council member who has already said they are against the C-2 to say they want to look at the Bill of Assurance,because they are going to vote against it anyway. We have done everything that has been asked of us from the city. As the property owner I want a vote on the C-2 and if it fails, then we will go back to I-1. A discussion followed about voting procedures. The motion to table the appeal and ordinance to the January 19, 2015 City Council meeting upon roll call the motion failed 3-4. Alderman Kinion, Petty, and Marsh voting yes. Alderman Tennant, Schoppmeyer,Long and Gray voting no. Alderman Adams was absent. Alderman Petty stated City Attorney Williams has written us a memo about the criteria we are allowed to consider about rezoning decisions. He stated compatibility was number one on the list and Urban Thoroughfare is now on the floor. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov