HomeMy WebLinkAbout2012-12-04 - Agendas - Final Aldermen
Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray
TayeVI
WardIPosition2—BrendaBoudreaux
City Attorney Ki[Williams \ Ward 2 Position 1—Mark ew Pet,/ Ward 2 Position 2—Matthew Petty
City Clerk Sondra Smith Ward 3 Position 1—Justin Tennant
KANSAS Ward 3 Position 2—Robert Ferrell
Ward 4 Position 1—Rhonda Adams
Ward 4 Position 2—Sarah E.Lewis
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
December 04, 2012
A meeting of the Fayetteville City Council will be held on December 04, 2012 at 6:00 PM in
Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
City Council Meeting Presentations,Reports and Discussion Items:
Agenda Additions:
A. Consent:
1. Approval of the November 8 and November 20, 2012 City Council meeting minutes.
APPROVED
2. University of Arkansas Razorback Road Sidewalk Cost Share: A resolution to
approve a budget adjustment in the amount of$51,308.00 to recognize revenue from the
University of Arkansas for its cost share for construction of a sidewalk along Razorback
Road.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO.223-12
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDDfFTY(479)521-1316
C.
3. Hazardous Materials Incident Response Services Interlocal Cooperation
Agreement: A resolution providing notice pursuant to Article V of the Interlocal
Cooperation Agreement for the Provision of Hazardous Materials Incident Response
Services in Benton and Washington Counties of the intention of the City of Fayetteville
to withdraw its participation in the agreement effective six (6) months from the date of
written notification of the adoption of this resolution to the remaining participants.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 224-12
4. Arkansas Firewise Grant: A resolution authorizing acceptance of an Arkansas Firewise
Grant in the amount of$500.00 from the Arkansas Forestry Commission for use by the
Fire Department, and approving a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO.225-12
5. Bid #12-75 Insituform Technologies, LLC: A resolution to approve Bid #12-75 for a
construction contract with Insituform Technologies, LLC for service lateral and sewer
main cured in place lining in the amount of$330,000.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO.226-12
6. Operations and Management Plan for Razorback Regional Greenway: A resolution
to approve the Northwest Arkansas Razorback Greenway Operations and Management
Plan for Razorback Greenway Trails within Fayetteville.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO.227-12
7. Bid #12-74 Vance Brothers, Inc.: A resolution awarding Bid #12-74 and approving a
contract with Vance Brothers, Inc. in the amount of $72,470.00 for asphalt micro-
surfacing, and approving a ten percent(10%)project contingency.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO.228-12
8. City Depository Board: A resolution designating members of the City Depository
Board, as established by Arkansas Code §19-8-106.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO.229-12
9. 2013 Community Access Television Contract: A resolution approving a contract in the
amount of$105,000.00 with Community Access Television, Inc. to provide public access
services and operate the Fayetteville Public Access Television Channel throughout the
2013 year.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 230-12
10.Regional Wayrinding Program: A resolution to express the Fayetteville City Council's
intent to implement the Regional Wayfinding Program.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO.231-12
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDDfrTY(479)521-1316
11. Wayfinding Program Implementation: A resolution to approve the cooperative
agreement between the City of Fayetteville and the Northwest Arkansas Regional
Planning Commission regarding Wayfinding Program Implementation at a potential cost
of approximately $125,000.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 232-12
12.Johnson Property Zoning Change: A resolution agreeing to the change in zoning from
commercial to residential for property located in Johnson that adjoins parcels in
Fayetteville.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO.233-12
B. Unfinished Business:
1. 2013 Annual Budget and Work Program: A resolution adopting the 2013 Annual
Budget and Work Program. The motion to approve the budget failed. Then a motion to
reconsider was approved. Then the resolution to approve the budget was tabled to the
December 4, 2012 City Council meeting.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 234-12
C. New Business:
1. ADM 12-4259 (UDC Amendment Subdivision Regulations in the Planning Area):
An ordinance to Amend §166.05 Required Infrastructure Improvements — Development
in the Planning Area and to repeal §166.08 (I) of the Unified Development Code of
Fayetteville.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5546
2. Clear Creek Trail: A resolution approving a request by the City of Fayetteville to
modify the geographic extent and location of certain tree preservation areas pursuant to
§167.04(L)(2), Tree Preservation and Protection, Unified Development Code of the Code
of Fayetteville,to construct a section of Clear Creek Trail.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO.235-12
3. Grant Thornton Annual Audit Services: A resolution to approve a contract with Grant
Thornton, LLP in the amount of$82,500.00 to audit the financial statements of the City.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 236-12
4. City of West Fork Wastewater Service: A resolution expressing the intent of the City
of Fayetteville to provide wholesale wastewater service to the City of West Fork.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 237-12
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDDn7Y(479)521-1316
5. Entertainment District Parking Deck Site Selection: A resolution to select the site of
the Entertainment District Parking Deck.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 238-12
6. RZN 12-4252 (Center Street Rezoning for Eco New): An ordinance rezoning that
property described in rezoning petition RZN 12-4252, for approximately 2.75 acres,
located along West Center Street, near Duncan Avenue and the northwest corner of Hill
Avenue and Treadwell Street, from RMF-40, Residential Multi-Family, 40 units per acre
to DG,Downtown General.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5547
7. Repeal §31.46 Freezing Elected City Officials' Compensation: An ordinance to repeal
§31.46 Freezing Elected City Officials' Compensation if in Excess of$80,000.00.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5548
i
D. City Council Agenda Session Presentations:
1. Parking Deck Presentation — The Parking Deck Team (including both staff and
consultants)
E. City Council Tour:
F. Announcements:
G: Adjournment: 8:50 p.m.
i
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:i
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 tum 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 aides 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 accessfayetteville.org
Telecommunications Device for the Deaf TDDTI TY(479)521-1316
City Council Meeting: December 4,2012 Adjourn: sv
Subject: Roll
Lewis
Gray 1/
Boudreaux
Kinion ✓
Petty r�
Tennant
Ferrell r/
Adams ✓
Mayor Jordan ✓
9-�
Subject:
Motion To:
Motion By:
Seconded:
Lewis
Gray
Boudreaux
Kinion
Petty
Tennant
Ferrell
Adams
Mayor Jordan
City Council Meeting: December 4,2012
Subject: Consent
Motion To:
Motion By: R/V1CL�
Seconded:
Lewis
AiAg& Gray
Boudreaux ✓
Kinion �r
Petty, ✓
Tennant t/
112 _ Irl Ferrell
Adams
Mayor Jordan
Subject:
g
Lewis
Gray
Boudreaux
Kinion
Petty
Tennant
Ferrell
Adams
Mayor Jordan
City Council Meeting: December 4,2012
Subject: 2013 Annual Budget and Work Program
Motion To:
Motion By:
Seconded:
B. 1 Lewis
Unfinished Gray /
Business Boudreaux
Kinion
Petty ✓
Tennant �✓
Ferrell s/
Adams
Mayor Jordan
8-0
Subject:
Motion To:
Motion By:
Seconded:
Lewis
Gray
Boudreaux
Kinion
Petty
Tennant
Ferrell
Adams
Mayor Jordan
City Council Meeting: December 4,2012.
Subject: ADM 12-4259 (UDC Amendment Subdivision Regulations in the Planning Area)
Motion To: 0211 13
Motion By: Y
Seconded:
C. 1 Lewis l /
New Gray ✓ ✓ ✓
Business
Boudreaux '� ,/ ✓
Kinion '� ✓ ✓
Petty ✓ ✓ '�
Tennant ✓ ✓ r/
Ferrell r/ ✓
Adams
5 Mayor Jordan
Subject: Clear Creek Trail
Motion To:
Motion By:
Seconded:
.2 Lewis
C ✓
New Gray ✓
Business Boudreaux ✓
Kinion t�
AL.1e.i Petty ✓
Tennant
Ferrell
Adams
Mayor Jordan
�D
City Council Meeting: December 4,2012
Subject: Grant Thornton Annual Audit Services
Motion To:
Motion By: r
Seconded:
C. 3 Lewis
New Gray ✓
Business Boudreaux
Kinion
Petty ✓
Tennant ✓
Ferrell
Adams
Mayor Jordan
Subject: City of West Fork Wastewater Service
Motion To:
Motion By:
Seconded:
C. 4 Lewis
New Gray
Business Boudreaux
Kinion
�lld4G� Petty ✓,s
Tennant V
Ferrell ✓
Adams
Mayor Jordan
F.p
City Council Meeting: December 4,2012
Subject: Entertainment District Parking Deck Site Selection
(.7heu Ar� Qaa(wl+ �e o .e
Motion To: A N i
Motion By: Ai�ou
Seconded: Gmv a
wl-
C.5 Lewis i/
New Gray ✓ ✓
Business Boudreaux
OAW" Kinion A/
Petty /V ✓
J1,P.�n lu�oaw
PUA4 Tennant ✓ ✓
te- Ferrell Al ✓
Adams ✓ /v ,/
Mayor Jordan
Subject: RZN 12-4252 (Center Street Rezoning for Eco New)
Motion To:
n 3r
Motion By:
Seconded:
C. 6 Lewis
New Gray ✓ '�
Business Boudreaux ✓ ✓
Kinion
P
Petty °
Tennant WX t✓ e.�
Ferrell ✓ ✓
Adams ✓
�� Mayor Jordan
City Council Meeting: December 4,2012
Subject: Repeal §31.46 Freezing Elected Ci Officials' Compensation
Motion To: fj
Motion By:
Seconded:
C. 7 Lewis
New Gray ✓ ✓
Business Boudreaux ✓ ✓ ✓
Kinion ✓ ✓
Petty ✓ ✓ ✓
Tennant / ✓ ✓
Ferrell ✓ ✓ a�
Adams ✓
C�g Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
Lewis
Gray
Boudreaux
Kinion
Petty
Tennant
Ferrell
Adams
Mayor Jordan
•
Tae ew�i le Departmental Correspondence
Y AFKANSAS
LEGAL
• • '
EPAWMENT
Kit Williams
City Attorney
Jason B.Kelley
Assistant City Attonsey
TO: Mayor Jordan
THRU: Sondra Smith, City Clerk
FROM: Kit Williams, City Attorney
—
DATE: December 5, 2012
RE Resolutions and Ordinances prepared by the City Attorney's Office and
passed at the City Council meeting of December 4, 2012
1. U of A Razorback Road Sidewalk Cost Share: A resolution to approve a
budget adjustment in the amount of$51,308.00 to recognize revenue from the U of
A for its cost share for construction of a sidewalk along Razorback Road.
2. HazMat Incident Response Services Interlocal Cooperation Agreement:
A resolution providing notice pursuant to Article V of the Interlocal Cooperation
Agreement for the provision of hazardous materials incident response services in
Benton and Washington Counties of the intention of the City of Fayetteville to
withdraw its participation in the agreement effective six (6) months from the date
of written notification of the adoption of this resolution to the remaining
participants
3. AR Firewise Grant: A resolution authorizing acceptance of an Arkansas
Firewise Grant in the amount of$500.00 from the Arkansas Forestry Commission
for use by the Fire Department and approving a budget adjustment.
4. Insituform Technologies, LLC: A resolution to approve Bid #12-75 for a
construction contract with Insituform Technologies, LLC for service lateral and
sewer main cured in place lining in the amount of$330,000.00.
i
5. Operations and Management Plan for Razorback Regional Greenway:
A resolution to approve the Northwest Arkansas Razorback Greenway Operations
and'Management Plan for Razorback Greenway Trails within Fayetteville.
6. Bid #12-74 Vance Brothers, Inc.: A resolution awarding Bid #12-74 and
approving a contract with Vance Brothers, Inc. in the amount of $72,470.00 for
Asphalt Micro-Surfacing, and approving a 10% project contingency.
7. City Depository Board: A resolution designating members of the City
Depository Board, as established by Arkansas Code §19-8-106.
8. 2013 CAT Contract: A resolution approving a contract in the amount of
$105,000.00 with Community Access Television, Inc., to provide public access
services and operate the Fayetteville Public Access Television channel through the
2013 year.
9. ! Regional Wayfinding Program: A resolution to express the Fayetteville
City'Council's intent to implement the Regional Wayfinding program.
10. Wayfinding Program Implementation: A resolution to approve the
cooperative agreement between the City of Fayetteville and the Northwest
Arkansas Regional Planning Commission regarding Wayfinding Program
implementation at a potential cost of approximately $125,000.00.
11. Johnson Property Zoning Change: A resolution agreeing to the change in
zoning from Commercial to Residential for property located in Johnson that
adjoins parcels in Fayetteville.
12. 2013 Annual Budget and Work Program: A resolution adopting the 2013
Annual Budget and Work Program.
13. ADM 12-4259: An ordinance to amend §166.05 Required Infrastructure
Improvements — Development in the Planning Area and to repeal §166.08 (I) of
the Unified Development Code of Fayetteville.
14. Clear Creek Trail: A resolution approving a request by the City of
Fayetteville to modify the geographic extent and location of certain tree
preservation areas pursuant to §167.04(l)(2), Tree Preservation And Protection,
Unified Development Code of the Code of Fayetteville, to construct a section of
Clear Creek Trail.
2
15. Grant Thornton Audit Services: A resolution to approve a contract with
Grant Thornton, LLP in the amount of$82,500.00 to audit the financial statements
of the City.
16. City of West Fork Wastewater Service: A resolution expressing the intent
of the City of Fayetteville to provide wholesale wastewater service to the City of
West Fork.
17. ' Entertainment District Parking Deck Site Selection: A resolution to
select the site of the Entertainment District Parking Deck and to express the City
Council's intent to replace administrative office and parking spaces lost through
this lProj ect.
18. Repeal §31.46 Freezing Elected City Officials' Compensation: An
ordinance to repeal §31.46 Freezing Elected City Officials' Compensation if in
excgss of$80,000.00.
I
I
3
Aldermen
Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray
7ayve e�l e Ward 1 Position 2—Brenda Boudreaux
City Attorney Kit Williams Ward 2 Position 1 —Mark Kinwn
Ward 2 Position 2—Matthew Petty
City Clerk Sondra Smith Ward 3 Position l—Justin Tennant
ARKANSAS Ward 3 Position 2—Robert Ferrell
Ward 4 Position 1 —Rhonda Adams
Ward 4 Position 2—Sarah E.Lewis
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
December 04, 2012
A meeting of the Fayetteville City Council will be held on December 04, 2012 at 6:00 PM in
Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
City Council Meeting Presentations, Reports and Discussion Items:
Agenda Additions:
A. Consent:
1. Approval of the November 8 and November 20, 2012 City Council meeting minutes.
2. University of Arkansas Razorback Road Sidewalk Cost Share: A resolution to
approve a budget adjustment in the amount of$51,308.00 to recognize revenue from the
University of Arkansas for its cost share for construction of a sidewalk along Razorback
Road.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
3. Hazardous Materials Incident Response Services Interlocal Cooperation
Agreement: A resolution providing notice pursuant to Article V of the Interlocal
Cooperation Agreement for the Provision of Hazardous Materials Incident Response
Services in Benton and Washington Counties of the intention of the City of Fayetteville
to withdraw its participation in the agreement effective six (6) months from the date of
written notification of the adoption of this resolution to the remaining participants.
4. Arkansas Firewise Grant: A resolution authorizing acceptance of an Arkansas Firewise
Grant in the amount of$500.00 from the Arkansas Forestry Commission for use by the
Fire Department, and approving a budget adjustment.
5. Bid #12-75 Insituform Technologies, LLC: A resolution to approve Bid #12-75 for a
construction contract with Insituforin Technologies, LLC for service lateral and sewer
main cured in place lining in the amount of$330,000.00.
6. Operations and Management Plan for Razorback Regional Greenway: A resolution
to approve the Northwest Arkansas Razorback Greenway Operations and Management
Plan for Razorback Greenway Trails within Fayetteville.
7. Bid #12-74 Vance Brothers, Inc.: A resolution awarding Bid #12-74 and approving a
contract with Vance Brothers, Inc. in the amount of $72,470.00 for asphalt micro-
surfacing, and approving a ten percent(10%) project contingency.
8. City Depository Board: A resolution designating members of the City Depository
Board, as established by Arkansas Code §19-8-106.
9. 2013 Community Access Television Contract: A resolution approving a contract in the
amount of$105,000.00 with Community Access Television, Inc. to provide public access
services and operate the Fayetteville Public Access Television Channel throughout the
2013 year.
10. Regional Wayfinding Program: A resolution to express the Fayetteville City Council's
intent to implement the Regional Wayfinding Program.
11. Wayfinding Program Implementation: A resolution to approve the cooperative
agreement between the City of Fayetteville and the Northwest Arkansas Regional
Planning Commission regarding Wayfinding Program Implementation at a potential cost
of approximately $125,000.00.
12. Johnson Property Zoning Change: A resolution agreeing to the change in zoning from
commercial to residential for property located in Johnson that adjoins parcels in
Fayetteville.
B. Unfinished Business:
1. 2013 Annual Budget and Work Program: A resolution adopting the 2013 Annual
Budget and Work Program. The motion to approve the budget failed. Then a motion to
reconsider was approved. Then the resolution to approve the budget was tabled to the
December 4, 2012 City Council meeting.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
C. New Business:
1. ADM 12-4259 (UDC Amendment Subdivision Regulations in the Planning Area):
An ordinance to Amend §166.05 Required Infrastructure Improvements — Development
in the Planning Area and to repeal §166.08 (1) of the Unified Development Code of
Fayetteville.
2. Clear Creek Trail: A resolution approving a request by the City of Fayetteville to
modify the geographic extent and location of certain tree preservation areas pursuant to
§I67.04(L)(2), Tree Preservation and Protection, Unified Development Code of the Code
of Fayetteville, to construct a section of Clear Creek Trail.
3. Grant Thornton Annual Audit Services: A resolution to approve a contract with Grant
Thornton, LLP in the amount of$82,500.00 to audit the financial statements of the City.
4. City of West Fork Wastewater Service: A resolution expressing the intent of the City
of Fayetteville to provide wholesale wastewater service to the City of West Fork.
5. Entertainment District Parking Deck Site Selection: A resolution to select the site of
the Entertainment District Parking Deck.
6. RZN 12-4252 (Center Street Rezoning for Eco New): An ordinance rezoning that
property described in rezoning petition RZN 12-4252, for approximately 2.75 acres,
located along West Center Street, near Duncan Avenue and the northwest corner of Hill
Avenue and Treadwell Street, from RMF-40, Residential Multi-Family, 40 units per acre
to DG, Downtown General.
7. Repeal §31.46 Freezing Elected City Officials' Compensation: An ordinance to repeal
§31.46 Freezing Elected City Officials' Compensation if in Excess of$80,000.00.
D. City Council Agenda Session Presentations:
1. Parking Deck Presentation — The Parking Deck Team (including both staff and
consultants)
E. City Council Tour:
F. Announcements:
G: 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 aides 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
n- . A. 12
AGENDA REQUEST A JyYAgpPpr/aZoning Change
Page 1 of 12
FOR: COUNCIL MEETING OF DECEMBER 4, 2011
FROM:
ALDERMAN BOBBY FERRELL
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A Resolution Agreeing To The Change In Zoning From Commercial To
Residential For Property Located In Johnson That Adjoins Parcels In Fayetteville
APPROVED FOR AGENDA:
Bobby Ferrell Date
Alderman
City Attorneyl Date
A. 12
Johnson Property Zoning Change
Page 2 of 12
October 30, 2012
City of Fayetteville
Attn: Kit Williams. City Attorney
113 W. Mountain
FirstSecurity Fayetteville, AR 72701
Bank
RE: Rezoning of Parcel#785-18132-001 &Parcel#785-18155-001
in the City of Johnson, Washington County, AR
Dear Mr. Williams:
Please let this letter serve as notice that First Security Bank is requesting a
rezoning of the above-referenced property, which is located near the City's
property identified as parcels numbered 765-28354-000, 765-22232-001,
765-22233-000, 785-18155-003 &785-18155-002.
The Bank is requesting that the current zoning of C-1 be changed to R-1.
The City of Johnson Planning Commission meeting on this proposal will be
held on November 26, 2012 at 7:00 p.m. at the Johnson City Hall located at
2904 Main Drive in Johnson, Arkansas.
Thank you for your kind consideration.
Sincerely,
Tonya L. Patrick
A. 12
Zoning Change
Plr2p
ae evle Departmental Correspondence
ARKANSASLEGAL
www.accessfayetteville.org DEPARTMENT
Kit Williams
TO: Mayor Jordan CityAttorney
City Council
Jason B.Kelley
Assistant City Attorney
CC: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Andrew Garner, Senior Planner—Current Planning
FROM: Kit Williams, City Attorney
DATE: November 14, 2012
RE: Rezoning request for land abutting the City of Fayetteville
A.C.A. §14-56-306 Land Use in adjacent and contiguous cities to be compatible
First Security Bank has notified the City of Fayetteville through my office (letter
attached) that it will seek rezoning of a couple of parcels of land in the City of Johnson
adjoining some parcels within the City of Fayetteville. The bank will present this rezoning to
the City of Johnson Planning Commission on November 26, 2012 at 7:00 p.m.
Pursuant to A.C.A. §14-56-306 (b):
"Adjoining lands within the boundary area shall remain zoned with a
compatible land use until the governing body of each municipality
which is adjacent and contiguous to the boundary area adopts a
resolution agreeing to a change in the zoning of the lands or
properties that adjoin one another and stating that the rezoning to a
land use which is not compatible will not adversely impact the
adjoined land or property."
Therefore, the Fayetteville City Council will need to pass a Resolution agreeing with
this proposed rezoning in order for the rezoning (if passed by the City of Johnson) to go into
effect. First Security Bank should present a request for such Resolution detailing the
rezoning it is requesting, the uses allowed for the proposed as well as current zoning and any
other information you may need to decide whether or not to approve such rezoning.
A. 12
Johnson Property Zoning Change
Page 4 of 12
November 16,2012
Mayor Lioneld Jordan&
RI'StS@Curity The Fayetteville City Council
113 W. Mountain
Bank
Fayetteville,AR 72701
RE: Rezoning of Parcel#785-18132-00t &Parcel#785-18155-001
Dear Mayor Jordan and Council:
First Security Bank owns approximately 20 acres located at the southern
boundary of the City of Johnson and as set out on the attached survey. The
property is also adjacent to a few parcels owed by the City of Fayetteville and
other parties,which are located within the city limits of Fayetteville. The
Bank has made application to the City of Johnson requesting the current
zoning of C-1 be changed to R-1 or another appropriate classification which
would allow the building of a single family residence on the property. The
property was previously zoned residential until it was changed a few years
ago to commercial.
The Bank currently has the property under contract with Mr. Harvey Smith,
whose intent is to build a personal residence on the property. In fact,the
contract is contingent upon him being able to do so.
As you can see from the survey,a good portion of the property is in the flood
plain or floodway. This makes any commercial use of the property quite
difficult if not impossible. Its highest and best use would be for a residence,
which would leave much of the property in its natural state. This would be
highly consistent with the other surrounding residential properties and with
the general'rural like'setting of the area and its proximity to the proposed
A. 12
Johnson Property Zoning Change
Page 5 of 12
bike trail. It is my understanding that utilities are readily available,and
further, a change to a residential zoning would not increase the traffic in the
area or unduly increase the load on public services such as schools,water and
sewer facilities as would a commercial development.
Please consider this letter as a formal request for the City of Fayetteville to
pass a resolution agreeing with the proposed rezoning if said rezoning is
adopted by the City of Johnson.
I have attached the application submitted to the City of Johnson and other
pertinent information. This matter is currently set for consideration at the
City of Johnson Planning Commission meeting scheduled for November 26,
2012.
Please let me know what further you might need in this matter.
Thank you for your kind consideration.
Sincerely, ,I
GI to#V
Tonya L. Patrick
cc: Jeremy Pate,Development Services Director
Jesse Fulcher,Planning
Quinn Thompson, Planning
Kit Williams,City Attorney
A. 12
Johnson Property Zoning Change
Page 6 of 12
RESOLUTION NO.
A RESOLUTION AGREEING TO THE CHANGE IN ZONING FROM
COMMERCIAL TO RESIDENTIAL FOR PROPERTY LOCATED IN
JOHNSON THAT ADJOINS PARCELS IN FAYETTEVILLE
WHEREAS, A.C.A. §14-56-306(b) requires that when adjoining land within a boundary
area between two cities is sought to be rezoned, the city council of the city in which the
adjoining property is located must agree to any such rezoning; and
WHEREAS, the City Council has determined that the rezoning from commercial to
residential recommended by the City of Johnson Planning Commission is compatible with the
adjoining lots within the City of Fayetteville.
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 determines
that the rezoning requested by the applicants, First Security Bank and Dr. and Mrs. Harvey
Smith, as described on Exhibit A and as shown on the map attached as Exhibit B, is compatible
with the adjoining lots within the City of Fayetteville and further hereby agrees to this proposed
change in zoning of the applicants' lots.
PASSED and APPROVED this 4th day of December, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
A. 12
Johnson Property Zoning Change
Page 7 of 12
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
A. 12
Johnson Property Zoning Change
Page 8 of 12
E"19664
A PART OF THE NE IA OF THE HE 114 AMA PART OF THE SE 14 OF
THE HE 1/4 OF SECTION 27,TOWNSHIP 17 NORTH,RANGE 30 lNEST,
WASHINGTON COUNTY,ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS,TO-WT:BEGINNING ATA POINTWGIN 1S
SOUTH OL'48'S I"EAST 89213 FEET FROM THE NE CORNER OF SAID
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FEET,NORTH 11.08rW WEST 2220.42 FEET,NORTH C6'S2'81"WEST
89.12 FEET,NORTH 51.20'51`WEST 113.40 FEET,NORTH 67'54'32'
WEST 316.17 FEET, NORTH 4O'38'29" 'Al ST 19044 FEET TO THE
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25°25'20'EAST 363.91 FEET;THENCE NORTH 04'2910'EAST 710.80
FEET TO THE POINT OF BEGINNING, CONTAINING 17.80 ACRES,
MORE OR LESS. LE86 AND EXCEPT:THAT PART THAT 15 WITHIN A
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ARKANSAS, ,A MUNICIPAL CORPORATION, RECOROCD AS LAND
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THE CITY OF FA,YETTEVILLE.. ARKANSAS, A. MUNICIPAL.
CORPORA"IlON,RECOROECAS iA"IODCCUMENTNUM2F_R98039316
OF THE RECORDS OF WASHINGTON COUNTY,ARKANSAS
AND,
A PART OF SECTIONS 22 AND 27,TOl^?1SHIP 17 NORTH,RANGE 30
WEST, WASHINGI"ON COUKrY, AR.aNSAS, BEING MORE
PARTICULARLY DESOMED AS FOLLOWS,T41MT;BEGINNING AT
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(11127/2012) Kit Williams-Johnson Planning Commission 11128/12 Seite 1
A. 12- '
Johnson Property Zoning Change
Page 11 of 12
From: Jennifer Allen <gotreceipts@g mail.com>
To: <smith@smithdds.net>, <kwilliams@ci.fayetteville.ar.us>
Date: 11/27/2012 11:55 AM
Subject: Johnson Planning Commission 11/26/12
Dear Mr. Williams,
Please be advised that the City of Johnson Planning Commission approved
rezoning of property located at 6711 Wilkerson from C-2 to R-2 at the
meeting last night, 11126/2012. This approval will go before the Johnson
City Council at the December meeting on 12111/12. No opposition is expected
and we hope to get this rezoning passed with an emergency clause at this
meeting.
If you need any more information, please don't hesitate to contact me by
email or call me at the number listed below.
Respectfully,
Jennifer Allen, CAMC
Recorder/Treasurer
City of Johnson
(479) 521-7291
(479) 521-7292 fax