HomeMy WebLinkAbout2014-02-04 - Agendas - Final Aldermen
Mayor Lioneld Jordan Ward l Position I —Adella Gray
Fae e l e Ward l Position 2—Sarah Marsh
City Attorney Kit Williams Ward 2 Position 1 —Mark Kimon
Ward 2 Position 2—Matthew Petty
City Clerk Sondra E.Smith Ward 3 Position I—Justin Tennant
ARKANSAS Ward 3 Position 2—Martin W. Schoppmeyer,Jr.
Ward 4 Position 1 —Rhonda Adams
Ward 4 Position 2—Alan T.Long
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
February 04, 2014
(This meeting was rescheduled to a Special City Council meeting to be held on
Wednesday, February 5, 2014 due to inclement weather conditions)
A meeting of the Fayetteville City Council will be held on February 04, 2014 at 6:00 PM in
Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
City Council Meeting Presentations, Reports and Discussion Items:
Agenda Additions:
1. David Clark McClinton Settlement Agreement: A resolution to approve a settlement
agreement with David Clark McClinton concerning condemnation litigation filed as part
of the Van Ashe Drive construction project in the total amount of$1,420.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 22-14
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
A. Consent:
1. Approval of the January 21, 2014 City Council meeting minutes. APPROVED
2. Bid #14-12 Hanson Pipe & Precast and Scurlock Industries: A resolution to award
Bid#14-12 to Hanson Pipe & Precast and Scurlock Industries authorizing the purchase of
drainage pipe for varying unit prices and authorizing the use of other bidders based on
price and availability as needed through the end of calendar year 2014.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 23-14
3. George Nunnally Chevrolet of Bentonville: A resolution to authorize the purchase of
one (1) Chevrolet Equinox at the same price as the state procurement contract, in the
amount of $21,699.00, from George Normally Chevrolet of Bentonville for use by the
Wastewater Treatment Plant, and approving a budget adjustment in the amount of
$21,699.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 24-14
4. Caldwell Toyota of Conway: A resolution to authorize the purchase of one (1) 2014
Toyota Camry Hybrid from Caldwell Toyota of Conway in the amount of$25,498.00 for
use by the Fayetteville Police Department, and approving a budget adjustment in the
amount of$25,498.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 25-14
5. North Point Ford of North Little Rock: A resolution to authorize the purchase of two
(2) Ford F-150 2x4 pickup trucks from North Point Ford of North Little Rock in the
amount of $34,128.00, pursuant to a state procurement contract, for use by the Solid
Waste and Transportation Divisions.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 26-14
6. Landers Toyota of Little Rock: A resolution to authorize the purchase of three (3)
Toyota Tacoma pickup trucks from Landers Toyota of Little Rock in the amount of
$76,585.00, pursuant to a state procurement contract, for use by the Meter and
Transportation Divisions.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 27-14
7. Bid #13-55 S.M.I.L.E.S of Fort Smith: A resolution to award Section C and Section F
of Bid #13-55 and authorizing the purchase of light bars and cameras from S.M.I.L.E.S.
of Fort Smith in the amount of $22,726.00 for the upfitting of Police Department
vehicles.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 28-14
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
8. Animal Services Donation Revenue: A resolution to approve a budget adjustment in
the total amount of$35,287.00 representing donation revenue to Animal Services for the
third and fourth quarters of 2013.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 29-14
9. Fayetteville District Court Technology Upgrades: A resolution approving a budget
adjustment for the Fayetteville District Court in the amount of $20,000.00 to recognize
revenue from the Court Automation Fund for the purchase of technology upgrades
including computer monitors, hard drives, printers and wireless components.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 30-14
10. Bid #13-58 ARCO Excavation & Paving, Inc.: A resolution to award Bid #13-58 and
authorizing a contract with ARCO Excavation & Paving, Inc. for the construction of the
Town Branch Trail in the amount of$779,645.25, and approving a contract contingency
in the amount of$93,557.43.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 31-14
11. Gordon Long Park: A resolution expressing the willingness of the City of Fayetteville
to utilize federal-aid funds for the design of restrooms and expanded parking at Gordon
Long Park, and to approve a budget adjustment in the amount of$22,314.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 32-14
B. Unfinished Business:
1. RZN 13-4538 (Razorback RoadNictory Commons): An ordinance rezoning that
property described in rezoning petition RZN 13-4538, for approximately 5.09 acres,
located at 731 S. Razorback Road from I-1, Heavy Commercial and Light Industrial, to
UT, Urban Thoroughfare. This ordinance was left on the First Reading at the
December 17, 2013 City Council meeting. This ordinance was left on the Second
Reading at the January 7, 2014 City Council meeting and Tabled to the February 4,
2014 City Council meeting.
LEFT ON THE SECOND READING AND TABLED TO THE FEBRUARY 18,
2014 CITY COUNCIL MEETING
C. New Business:
1. New World Systems: An ordinance to waive competitive bidding and to approve a three
year contract with New World Systems for Public Safety Software Maintenance in the
total amount of$341,760.00 payable over three years.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5655
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
2. RZN 13-4571 (Northwest Corner of W. Wedington Drive and N. Golf Club
Drive/Wedington): An ordinance rezoning that property described in rezoning petition
RZN 13-4571, for approximately 11.30 acres, located at the northwest corner of West
Wedington Drive and North Golf Club Drive from R-A, Residential Agricultural and
RSF-1, Residential Single-Family, 1 unit per acre to UT, Urban Thoroughfare
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5656
3. RZN 13-4572 (Northwest Corner of W. Wedington Drive and N. Rupple
Road/Wedington Neighborhood Plan Zone): An ordinance rezoning that property
described in rezoning petition RZN 13-4572, for approximately 5.65 acres, located at the
northwest corner of West Wedington Drive and North Rupple Road from R-O,
Residential-Office, C-1,Neighborhood Commercial, and C-2, Thoroughfare Commercial,
to CS, Community Services.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5657
4. RZN 13-4573 (825 S. Stonebridge Road/Hammans): An ordinance rezoning that
property described in rezoning petition RZN 13-4573, for approximately 0.84 acres,
located at 825 South Stonebridge Road from R-A, Residential Agricultural, to NS,
Neighborhood Services.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5658
5. RZN 13-4578 (6316 W. Wedington Drive/Morlan): An ordinance rezoning that
property described in rezoning petition RZN 13-4578, for approximately 0.87 acres,
located at 6316 West Wedington Drive from R-A, Residential Agricultural, to RSF-4,
Residential Single-Family, 4 units per acre.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5659
6. VAC 13-4567 (1851 E. Huntsville Road/Kum and Go): An ordinance approving VAC
13-4567 submitted by CEI Engineering for property located at 1851 East Huntsville Road
to vacate water/sewer easement, a total of 7,193 square feet.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5660
7. VAC 13-4587 (1285 E. Millsap Road/Christian Life Cathedral): An ordinance
approving VAC 13-4587 submitted by Jorgensen and Associates for property located at
1285 East Millsap Road, to vacate unconstructed right-of-way for Millsap Road, a total
of 1.58 acres.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5661
D. City Council Agenda Session Presentations:
1. Spring Street Municipal Parking Deck discussion—Jeremy Pate
E. City Council Tour:
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
F. Announcements:
Adjournment: 6:55 p.m.
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
Februray 4,2014 City Council
City Council Meeting: Meeting rescheduled to February 5, Adjourn: 5 5
2014 Special Meeting
Subject: Roll
Tennant /
Schoppmeyer ✓
Adams
W� Long t �/
Q&&,t` Gray "
Marsh
Kinion
Petty
Mayor Jordan
8-a
Subject: (}(,t,);1 llU �iooion � br
Motion To: a4id To�
a e.
Motion By:
Seconded:
Tennant
Schoppmeyer i- ✓
Adams
Long
Gray O�6Sewt Q 6SGr
"g Marsh
Kinion ✓
Petty
Mayor Jordan
7-J 7-19
Februray 4,2014 City Council
City Council Meeting: Meeting rescheduled to February 5,
2014 Special Meeting
Subject: Consent
Motion To:
4
Motion By:
Seconded:
Tennant
Schoppmeyer
Adams
Long
Gray losewt
Marsh ✓
Kinion
Petty
Mayor Jordan
7�
Subject:
Motion To:
Motion By:
Seconded:
Tennant
Schoppmeyer
Adams
Long
Gray
Marsh
Kinion
Petty
Mayor Jordan
Februray 4,2014 City Council
City Council Meeting: Meeting rescheduled to February 5,
2014 Special Meeting
Subject: RZN 13-4538 (Razorback RoadNictory Commons)
Motion To:
Jam^ 14 .9004
Motion By:
Seconded:
B. 1 Tennant
Unfinished Schoppmeyer ✓
Business Adams r/
Long
Gray S
Marsh
. lei
aaD� Kinion
Petty ✓~
Mayor Jordan
'7 d!
Subject: None
Motion To:
Motion By:
Seconded:
Tennant
Schoppmeyer
Adams
Long
Gray
Marsh
Kinion
Petty
Mayor Jordan
Februray 4,2014 City Council
City Council Meeting: Meeting rescheduled to February 5,
2014 Special Meeting
Subject: New World Systems
Motion To:
A40'.1.
Motion By:
Seconded:
C. 1 Tennant ✓ ✓ 60.0
New Schoppmeyer ✓
Business Adams ,/
Long / ✓ W--�
Gray ( "-w6E
Marsh ✓ ✓
Kinion
Petty
Mayor Jordan
Subject: RZN 13-4571 (Northwest Corner of W. Wedington Drive and N. Golf Club Drive/Wedin ton)
Motion To:
Motion By:
Seconded: ma-wok
C.2 Tennant ,/ ✓ �/
New Schoppmeyer ✓ ✓ �'
Business Adams ✓ ✓
Long
Gray Q�f2w� Gtcf c (�.tSSer
Marsh
a.✓ Kinion
Petty
�i ly Mayor Jordan
7-0 7-a 7-0
Februray 4,2014 City Council
City Council Meeting: Meeting rescheduled to February 5,
2014 Special Meeting
Subject: RZN 13-4572 (NW Corner of W.Wedington Dr and N. upple Rd/Wedin ton Neighborhood Plan Zone)
Motion To: a Ptdin -FAUAf .3 rd RJA4 /044"
Motion By:
Seconded: hutwe�
C.3 Tennant �/ ✓
New Schoppmeyer ✓ ,/ ✓
Business Adams ,/ ✓ ✓
Long
Gray �SP.wt
QQ/11� Marsh O/
PettyD P61-
Mayor Jordan
Subject: RZN 13-4573 (825 S. Stonebridge Road/Hammans)
Motion To: A n d &d 3 rd QR�J
Motion By: Jtv� I
Seconded:
C.4 Tennant
New Schoppmeyer ,/ ✓ ✓`
Business Adams f
Long ✓ ✓ " r
Gray FiteF6 Sin�t rpt
Marsh ✓ °� ✓�'
Kinion
✓ w"
Petty
Mayor Jordan
79 7a ��
Februray 4,2014 City Council
City Council Meeting: Meeting rescheduled to February 5,
2014 Special Meeting
Subject: RZN 13-4578 (6316 W. Wedington Drive/Morlan)
Motion To: rcr
Motion By: 44 110144tJ
if
Seconded:
C. 5 Tennant �/ s/
New Schoppmeyer ✓ ✓' c✓
Business Adams ✓ r v/'
Long ✓ c✓ Vol'
Gray A�3 t as&lp
Marsh ✓ '-'`
Kinion ✓ S 5tAw.
444 tx C, vo,
Petty
5 Mayor Jordan
Subject: VAC 13-4567(1851 E. Huntsville Road/Kum and Go)
Motion To: RAd n a
Motion By: P
Seconded: �-psLA
C. 6 Tennant vo-� ✓
New Schoppmeyer L/ ,f r/
Business Adams ✓ �'
Long r/ ,n�/[� ✓�_ L
Gray
Marsh �/ ✓ ✓
Kinion �'f ✓® t'
Petty ✓ ✓ ✓
Mayor Jordan
Februray 4,2014 City Council
City Council Meeting: Meeting rescheduled to February 5,
2014 Special Meeting
Subject: VAC 13-4587(1285 E. Millsa Road/Christian Life Cathedral)
Motion To: And � 3rd � PL�.-
Motion By: _
Seconded:
C 7 Tennant ✓ ,� t/
New Schoppmeyer d/ t/
Business Adams '� ✓ ✓
Long ✓ ✓ 90�'
Gray (1.15 Gv�O- Oh4v,4- 44S4.k
Marsh ✓ ✓
Kinion I
� q�
Petty ✓
Mayor Jordan
Subject: None
Motion To:
Motion By:
Seconded:
Tennant
Schoppmeyer
Adams
Long
Gray
Marsh
Kinion
Petty
Mayor Jordan
)0 7
ft
aye LVIe Departmental Correspondence
LEGAL
• • DEPARTMENT
Kit Williams
CityAttorney
Jason B.Kelley
Assistant City Attorney
TO: Mayor Jordan
THRU: Sondra Smith, City Clerk ^
FROM: Kit Williams, City Attorney
DATE: February 6, 2014
RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the
City Council meeting of February 5,2014
1. David C. McClinton Condemnation Settlement: A resolution to approve a settlement
agreement with David Clark McClinton concerning condemnation litigation filed as part
of the Van Asche Drive construction project in the total amount of$1,420.00.
2. Bid #14-12 Hanson Pipe & Precast and Scurlock Industries: A resolution to award
Bid#14-12 to Hanson Pipe &Precast and Scurlock Industries authorizing the purchase of
drainage pipe for varying unit prices and authorizing the use of other bidders based on
price and availability as needed through the end of calendar year 2014.
3. George Normally Chevrolet of Bentonville: A resolution to authorize the purchase of
one (1) Chevrolet Equinox at the same price as the state procurement contract, in the
amount of $21,699.00, from George Nunnally Chevrolet of Bentonville for use by the
Wastewater Treatment Plant, and approving a budget adjustment in the amount of
$21,699.00.
4. Caldwell Toyota of Conway: A resolution to authorize the purchase of one (1) 2014
Toyota Camry Hybrid from Caldwell Toyota of Conway in the amount of$25,498.00 for
use by the Fayetteville Police Department, and approving a budget adjustment in the
amount of$25,498.00.
5. North Point Ford of North Little Rock: A resolution to authorize the purchase of two
(2) Ford F-150 20 pickup trucks from North Point Ford of North Little Rock in the
amount of $34,128.00, pursuant to a state procurement contract, for use by the Solid
Waste and Transportation Divisions.
6. Landers Toyota of Little Rock: A resolution to authorize the purchase of three (3)
Toyota Tacoma pickup trucks from Landers Toyota of Little Rock in the amount of
$76,585.00, pursuant to a state procurement contract, for use by the Meter and
Transportation Divisions.
7. Bid #13-55 S.M.I.L.E.S of Fort Smith: A resolution to award Section C and Section F
of Bid #13-55 and authorizing the purchase of light bars and cameras from S.M.I.L.E.S.
of Fort Smith in the amount of $22,726.00 for the upfitting of Police Department
vehicles.
8. Animal Services Donation Revenue: A resolution to approve a budget adjustment in
the total amount of$35,287.00 representing donation revenue to Animal Services for the
third and fourth quarters of 2013.
9. Fayetteville District Court Technology Upgrades: A resolution approving a budget
adjustment for the Fayetteville District Court in the amount of$20,000.00 to recognize
revenue from the Court Automation Fund for the purchase of technology upgrades
including computer monitors,hard drives, printers and wireless components.
10. Bid #13-58 ARCO Excavation & Paving, Inc.: A resolution to award Bid #13-58 and
authorizing a contract with ARCO Excavation & Paving, Inc. for the construction of the
Town Branch Trail in the amount of$779,645.25, and approving a contract contingency
in the amount of$93,557.43.
11. Gordon Long Park: A resolution expressing the willingness of the City of Fayetteville
to utilize federal-aid funds for the design of restrooms and expanded parking at Gordon
Long Park, and to approve a budget adjustment in the amount of$22,314.00.
12.New World Systems: An ordinance to waive competitive bidding and to approve a three
year contract with New World Systems for Public Safety Software Maintenance in the
total amount of$341,760.00 payable over three years.
2
Aldermen
Mayor Lioneld Jordan Ward 1 Position 1 —Adella Gray
aTyveTeVlle Ward l Position 2—Sarah Marsh
City Attorney Kit Williams Ward 2 Position 1—Mark Kinion
Ward 2 Position 2—Matthew Petty
City Clerk Sondra E.Smith Ward 3 Position 1—Justin Tennant
ARKANSAS Ward 3 Position 2—Martin W. Schoppmeyer,Jr.
Ward 4 Position 1 —Rhonda Adams
Ward 4 Position 2—Alan T. Long
(This meeting was rescheduled to a
Final Agenda Special City Council meeting to be
City Of Fayetteville Arkansas held on Wednesday, February 5, 2014
City Council Meeting due to inclement weather conditions)
February 04, 2014
A meeting of the Fayetteville City Council will be held on February 04, 2014 at 6:00 PM in
Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
City Council Meeting Presentations, Reports and Discussion Items:
Agenda Additions:
A. Consent:
1. Approval of the January 21, 2014 City Council meeting minutes.
2. Bid #14-12 Hanson Pipe & Precast and Scurlock Industries: A resolution to award
Bid#14-12 to Hanson Pipe & Precast and Scurlock Industries authorizing the purchase of
drainage pipe for varying unit prices and authorizing the use of other bidders based on
price and availability as needed through the end of calendar year 2014.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
3. George Nunnally Chevrolet of Bentonville: A resolution to authorize the purchase of
one (1) Chevrolet Equinox at the same price as the state procurement contract, in the
amount of $21,699.00, from George Nunnally Chevrolet of Bentonville for use by the
Wastewater Treatment Plant, and approving a budget adjustment in the amount of
$21,699.00.
4. Caldwell Toyota of Conway: A resolution to authorize the purchase of one (1) 2014
Toyota Camry Hybrid from Caldwell Toyota of Conway in the amount of$25,498.00 for
use by the Fayetteville Police Department, and approving a budget adjustment in the
amount of$25,498.00.
5. North Point Ford of North Little Rock: A resolution to authorize the purchase of two
(2) Ford F-150 2x4 pickup trucks from North Point Ford of North Little Rock in the
amount of $34,128.00, pursuant to a state procurement contract, for use by the Solid
Waste and Transportation Divisions.
6. Landers Toyota of Little Rock: A resolution to authorize the purchase of three (3)
Toyota Tacoma pickup trucks from Landers Toyota of Little Rock in the amount of
$76,585.00, pursuant to a state procurement contract, for use by the Meter and
Transportation Divisions.
7. Bid #13-55 S.M.I.L.E.S of Fort Smith: A resolution to award Section C and Section F
of Bid #13-55 and authorizing the purchase of light bars and cameras from S.M.I.L.E.S.
of Fort Smith in the amount of $22,726.00 for the upfitting of Police Department
vehicles.
8. Animal Services Donation Revenue: A resolution to approve a budget adjustment in
the total amount of$35,287.00 representing donation revenue to Animal Services for the
third and fourth quarters of 2013.
9. Fayetteville District Court Technology Upgrades: A resolution approving a budget
adjustment for the Fayetteville District Court in the amount of $20,000.00 to recognize
revenue from the Court Automation Fund for the purchase of technology upgrades
including computer monitors, hard drives, printers and wireless components.
10. Bid #13-58 ARCO Excavation & Paving, Inc.: A resolution to award Bid #13-58 and
authorizing a contract with ARCO Excavation & Paving, Inc. for the construction of the
Town Branch Trail in the amount of$779,645.25, and approving a contract contingency
in the amount of$93,557.43.
11. Gordon Long Park: A resolution expressing the willingness of the City of Fayetteville
to utilize federal-aid funds for the design of restrooms and expanded parking at Gordon
Long Park, and to approve a budget adjustment in the amount of$22,314.00.
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. RZN 13-4538 (Razorback Road/Victory Commons): An ordinance rezoning that
property described in rezoning petition RZN 13-4538, for approximately 5.09 acres,
located at 731 S. Razorback Road from I-1, Heavy Commercial and Light Industrial, to
UT, Urban Thoroughfare. This ordinance was left on the First Reading at the
December 17, 2013 City Council meeting. This ordinance was left on the Second
Reading at the January 7, 2014 City Council meeting and Tabled to the February 4,
2014 City Council meeting.
Left on the Second Reading
C. New Business:
1. New World Systems: An ordinance to waive competitive bidding and to approve a three
year contract with New World Systems for Public Safety Software Maintenance in the
total amount of$341,760.00 payable over three years.
2. RZN 13-4571 (Northwest Corner of W. Wedington Drive and N. Golf Club
Drive/Wedington): An ordinance rezoning that property described in rezoning petition
RZN 13-4571, for approximately 11.30 acres, located at the northwest corner of West
Wedington Drive and North Golf Club Drive from R-A, Residential Agricultural and
RSF-1, Residential Single-Family, 1 unit per acre to UT, Urban Thoroughfare
3. RZN 13-4572 (Northwest Corner of W. Wedington Drive and N. Rupple
Road/Wedington Neighborhood Plan Zone): An ordinance rezoning that property
described in rezoning petition RZN 13-4572, for approximately 5.65 acres, located at the
northwest corner of West Wedington Drive and North Rupple Road from R-O,
Residential-Office, C-1,Neighborhood Commercial, and C-2, Thoroughfare Commercial,
to CS, Community Services.
4. RZN 13-4573 (825 S. Stonebridge Road/Hammans): An ordinance rezoning that
property described in rezoning petition RZN 13-4573, for approximately 0.84 acres,
located at 825 South Stonebridge Road from R-A, Residential Agricultural, to NS,
Neighborhood Services.
5. RZN 13-4578 (6316 W. Wedington Drive/Morlan): An ordinance rezoning that
property described in rezoning petition RZN 13-4578, for approximately 0.87 acres,
located at 6316 West Wedington Drive from R-A, Residential Agricultural, to RSF-4,
Residential Single-Family, 4 units per acre.
6. VAC 13-4567 (1851 E. Huntsville Road/Kum and Go): An ordinance approving VAC
13-4567 submitted by CEI Engineering for property located at 1851 East Huntsville Road
to vacate water/sewer easement, a total of 7,193 square feet.
7. VAC 13-4587 (1285 E. Millsap Road/Christian Life Cathedral): An ordinance
approving VAC 13-4587 submitted by Jorgensen and Associates for property located at
1285 East Millsap Road, to vacate unconstructed right-of-way for Millsap Road, a total
of 1.58 acres.
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:
1. Spring Street Municipal Parking Deck discussion—Jeremy Pate
E. City Council Tour:
F. Announcements:
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.
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.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
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.9
Fayetteville District Court Technology Upgrades
Page 1 of 2
RESOLUTION NO.
A RESOLUTION APPROVING A BUDGET ADJUSTMENT FOR THE
FAYETTEVILLE DISTRICT COURT IN THE AMOUNT OF $20,000.00 TO
RECOGNIZE REVENUE FROM THE COURT AUTOMATION FUND FOR
THE PURCHASE OF TECHNOLOGY UPGRADES INCLUDING
COMPUTER MONITORS, HARD DRIVES, PRINTERS AND WIRELESS
COMPONENTS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment for the Fayetteville District Court in the amount of$20,000.00 to recognize
revenue from the Court Automation Fund for the purchase of technology upgrades including
computer monitors, hard drives,printers and wireless components.
PASSED and APPROVED this 4th day of February 2014.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
A.9
Fayetteville District Court Technology Upgrades
Page 2 of 2
City Council Meeting Minutes
January 21,2014
Page 1 of 12
Aldermen
Ward 1 Position 1—Adella Gray
Mayor Lioneld Jordan Ward l Position 2—Sarah Marsh
Ci Attorney Kit Williams Ward 2 Position 1 —Mark Kinion
ry y lle Ward 2 Position 2—Matthew Petty
Ward 3 Position 1—Justin Tennant
City Fayve Clerk Sondra Smith Ward 3 Position 2—Mattin W. Schoppmeyer,Jr.
ARKANSAS Ward 4 Position 1 —Rhonda Adams
Ward 4 Position 2—Alan T. Long
City of Fayetteville Arkansas
City Council Meeting Minutes
January 21, 2014
A meeting of the Fayetteville City Council was held on January 21, 2014 at 6:00 p.m. in
Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville,Arkansas.
Mayor Jordan called the meeting to order.
PRESENT: Alderman Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Justin
Tennant, Martin Schoppmeyer, Rhonda Adams, Alan Long, Mayor Lioneld Jordan, City
Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
City Council Meetine Presentations, Reports and Discussion Items:
State of the City Address—Mayor Lioneld Jordan
Mayor Lioneld Jordan read the State of the City Address. A copy is attached.
City Attorney Kit Williams thanked the Mayor and City Council for all their hard work and
leadership.
Presentation of the City of Fayetteville Martin Luther King Brotherhood Award- Presented
by City Attorney Kit Williams
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
City Council Meeting Minutes
January 21,2014
Page 2 of 12
City Attorney Kit Williams: Since March 2001 it has been my honor and pleasure to select a
City of Fayetteville employee to receive the Dr. Martin Luther King Jr. Brotherhood award. This
year's honoree exemplifies Dr. Martin Luther King's spirit of equality and legacy of service. She
has managed one of our most important community outreach facilities and has worked diligently
and creatively to expand its services to even more of our citizens.
Mr. Williams presented the Dr. Martin Luther King Jr. Brotherhood award to Tenisha Gist,
Director of the Yvonne Richardson Community Center.
Tenisha Gist, Director of the Yvonne Richardson Community Center thanked everyone and was
honored to receive the award. She stated she had a lot of support and accepts the award for all
those who believe in equality and trying to do what is right.
Mayor Jordan: Tenisha has done a tremendous job at the Yvonne Richardson Center. She has a
great heart for people and an understanding for what their needs are. Congratulations and thank
you for your service.
Agenda Additions: None
Consent:
Approval of the January 07, 2013 City Council meeting minutes.
Approved
Bid #13-59 NAFECO: A resolution to award Bid #13-59 and to approve the purchase of
wildland fire gear backpacks from NAFECO in the amount of $22,319.64 and to approve a
budget adjustment.
Resolution 19-14 as recorded in the office of the City Clerk
Bid #13-59 Emergency Vehicle Specialists: A resolution to award Bid #13-59 and to approve
the purchase of wildland fire gear which includes helmets, goggles, gloves, shelters, coats and
trousers from Emergency Vehicle Specialists in the amount of$115,190.86.
Resolution 20-14 as recorded in the office of the City Clerk
Gulf State Distributors: A resolution to approve the purchase of ammunition needed by the
Fayetteville Police Department during 2014 from Gulf State Distributors in the amount of
$50,770.35 pursuant to the State of Arkansas ammunition contract.
Resolution 21-14 as recorded in the office of the City Clerk
Alderman Long moved to approve the Consent Agenda as read. Alderman Adams
seconded the motion. Upon roll call the motion passed unanimously.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
City Council Meeting Minutes
January 21,2014
Page 3 of 12
Unfinished Business:
VAC 13-4516 (Brenda Drive, Court and Walton Street/University of Arkansas): An
ordinance to approve the University of Arkansas' petition to vacate Brenda Drive, Court Street,
Walton Street and a thirty foot wide alley all within property owned by the University of
Arkansas. This ordinance was left on the Second Reading at the November 19, 2013 City
Council meeting. This was left on the Second Reading and Tabled to the December 17, 2013
City Council meeting. This ordinance was left on the Third Reading at the December 17, 2013
City Council meeting and Tabled to the January 21, 2014 City Council meeting.
Mayor Jordan: This went to the Transportation Committee.
Alderman Petty: We voted on a recommendation as an unanimous vote to restrict access on the
northern border of the property.
City Attorney Kit Williams: We would need to change one of the conditions for approval. It is
my understanding that they do not want Condition #1 any longer. You do not want to have a
document showing how you will design the lot.
Jay Young, Development Consultants: That is correct. The Exhibit that was in the packet was a
conceptual site plan to show our idea of how this would come together. That Exhibit is no
longer reflecting how that is going to be designed. If you are going to suggest an amendment
that is going to restrict access to Heitz that would be the condition.
City Attorney Kit Williams: Does this meet your approval? There shall be no entrance or exit
to Holz from this parcel now or in the future without express City Council approval in the form
of a resolution. Would that meet the requirements you would like?
Jay Young, Development Consultants: Yes.
City Attorney Kit Williams: Then I suggest you change Condition#1 to that condition.
Alderman Petty moved to amend the ordinance to state there shall be no entrance or exit to
Hotz from this parcel now or in the future without express City Council approval in the
form of a resolution. Alderman Adams seconded the motion.
David Boddington, Holz Drive and Ward 4 resident stated we believe that the Transportation
Committees recommendation to not allow any vehicle or bus to enter or exit on to Heitz from the
north end of the proposed project is a wise and responsible recommendation. Tonight we urge
you to listen to the recommendation of the Transportation Committee and to vote against any
northern egress on to Holz Drive.
City Attorney Kit Williams: I want to make sure that the Council understands that originally
Planning had worked with the University and had come to an agreement for the construction
dedication of two public streets as shown on Exhibit C. This new change would say the
University does not have to build any public streets in this parking lot. I have one minor change
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
City Council Meeting Minutes
January 21,2014
Page 4 of 12
to what my suggestion was. I want to put there should be no motor vehicle entrance or exit,
rather than no entrance or exit. Obviously, I don't think anybody here wants to restrict
pedestrians. I want to give our Development Services Director an opportunity to weigh in with
any comments he might have before City Council votes.
Jeremy Pate, Director of Development Services: We have stated our recommendation position
on the record before. We made the recommendation for the connection to Holz based on your
policy of connectivity. We understand the circumstances surrounding each and every connection
to any street are contact sensitive. We respect the Transportation Committees recommendation in
this particular case, from our perspective we still support the connection. I think the pedestrian
enhancement for a future trail and/or pedestrian connection there will certainly be positive and
warranted. I think leaving it up to the City Council or a future City Council possibly to open this
up to a Meadow Drive signal in the future could come back to you all as an item. We believe the
neighborhood will want that in the future. We are not in the future, we are here today so we
respect that decision.
Alderman Petty: Do we need to change the motion to reflect your new language?
City Attorney Kit Williams: This will be Condition of Approval #1. There shall be no motor
vehicle entrance or exit to Holz from this parcel now or in the future without express City
Council approval in the form of a resolution.
After discussion the previous motion was changed to say there shall be no motor vehicle
entrance or exit to Holz from this parcel now or in the future without express City Council
approval in the form of a resolution. Upon roll call the motion to amend passed
unanimously.
Alderman Adams: This was a very good exercise between Town and Gown relationships. The
University came to a Ward 4 meeting and listened to the residents. Thank you Mike and your
team for doing that. You showed us that the University cares about our Town and Gown
relationship. We listened to citizens on the street and that live in the neighborhood. Alderman
Long and I both have had emails and input. I met with Jeremy and we talked about the future.
We do think when Razorback Drive is made into a four lane there may come a day when we
need to cross over to go north and we will be glad that we can get out of there from that
neighborhood in different ways. Thank you Council for supporting what Alderman Long and I
want to see done, that is to protect our neighborhood from more cars and encourage traffic to go
to the main roads.
Alderman Tennant: This is a great example of compromise between a neighborhood that is
feeling the effects of growth and a University that is dealing with the effects of growth. Thank
you to the University.
Alderman Long: The University spent an incredible amount of time and I appreciate it. It
shows that the University wanted to be a part of our neighborhood. I appreciate the
Transportation Committee listening to all the concerns and the City Council being flexible.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
City Council Meeting Minutes
January 21,2014
Page 5 of 12
Alderman Gray: I want to thank Mike Johnson and his team for his patience in letting us work
through this. This particular option, that we bring forward tonight, might seem a little bit drastic,
but at this particular time in this particular situation this is the best way to go for our
neighborhood. It is a great example of us working together. I wanted to listen to Ward 4,
especially Mrs. Adams who lives in the midst of these streets.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5652 as Recorded in the office of the City Clerk
Amend Chapter 178: An ordinance to repeal §178.03 Sidewalk Vendors and enact a
replacement §178.03 Sidewalk Vendors and Food Trucks and to repeal §178.04 Outdoor Mobile
Vendors Located on Private Property and enact a replacement §178.04 Outdoor Mobile Vendors
Located on Private Property. This ordinance was left on the First Reading at the November 19,
2013 City Council meeting and tabled to the December 17, 2013 City Council meeting. This
ordinance was left on the First Reading at the December 17, 2013 City Council meeting and
Tabled to the January 21, 2014 City Council meeting.
Jeremy Pate, Director of Development Services: We would like to table this item. It is going to
the February 5, 2014 Ordinance Review Committee meeting. We request this be tabled to
February 18, 2014.
Alderman Petty: I think we should table it, but we have a couple of members in the audience
tonight who would like to address the full Council.
Suzanne Clark, Fayetteville Resident and Lawyer for the Yacht Club: The Yacht Club is
located at 617 North College. As the ordinance is currently drafted, this ordinance will put the
Yacht Club out of business. There are three things I would like for you to consider in terms of
how it is drafted. First, the requirement that these permits be granted to both mobile vendor and
the property owner jointly be decoupled. Also, to ensure that the language imposing obligations
on the property owner are reasonable based on the use of the property. Finally, consider whether
or not it is appropriate to include language regarding the American with Disabilities Act in this
particular section of code.
Imposing obligations on the property owner as that section of the ordinance reads it is
exceptionally broad and allows the Planning Commission as a condition of granting a permit to a
mobile vendor to impose requirements for permanent or semi-permanent improvements on the
property owner that may include sidewalk improvements, permanent bathrooms, and
landscaping. At the whim of what the Planning Commission may decide to impose, it opens the
door to any manner of obligation that will put the Yacht Club out of business. At the December
9, 2013 Planning Commission meeting there was discussion about what obligations potentially
should be imposed specifically on the Yacht Club. A vacant lot with temporary structures is not
the same as a large scale development. There has been a lot of discussion about that particular
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
City Council Meeting Minutes
January 21,2014
Page 6 of 12
issue and there are some Commissioners on the Planning Commission who believe they should
be treated identically.
Alderman Petty: I agree with everything you said. Some of the things that the Planning
Commission has required, that I actually think are okay, are temporary landscaping
improvements. Do you think that crosses the line?
Suzanne Clark: Not at all. In fact, Ms. Morris did temporary landscaping entirely voluntarily.
This is something she wanted to do to spruce up the property.
Alderman Petty: I was at the Planning Commission meeting where we discussed the ordinance.
In talking with other Commissioners, I know that some of them think that vendors at the Yacht
Club are practically permanent. They don't move every night like a food truck might. Can you
explain why we should consider them strictly temporary?
Suzanne Clark: When you can hitch a trailer up to it and move it off and it is no longer an
operational business there, it is temporary. It is not a brick and mortar business. It is not
something the owner has invested in as a permanent operation. It can be moved off sight in a
day.
Alderman Adams: In your research, is there any other time that we drive up and down College
and say we need you to improve your property? Do we have any other examples of that?
Suzanne Clark: No and that is part of my concern with the language. Paragraph C (3) opens up
the door to let's decide what we want the property owner to do. It doesn't reference any specific
code. I don't see that there is any other surrounding business that is under the same requirement.
The comparisons I think unfairly have been made to say that this is a business operation that
should have to comply with what the brick and mortar businesses are doing, this even goes
beyond that and is requiring things that those brick and mortar businesses are not seeing. We
don't say you have to show up before Planning and we decide if there are some other
improvements we need you to make this year.
City Attorney Kit Williams: I agree with many of the comments that Mrs. Clark has stated.
The thing that the city has that's most comparable to the Yacht Club is a mobile home park. The
city can place requirements on a mobile home park for certain infrastructure improvements in
order to be able to have mobile homes placed on the pads and pay rent. Everything must be
proportional. I share a lot of concerns with some of the things that have been talked about,
especially restrooms which seems to be kind of contrary to mobile vending. Most mobile
vendors don't contemplate having restrooms. If they have food they need to have a place to
wash, but that is required by the Health Department, not us. A lot of this is a matter of degree.
They were asked to dedicate right of way to the city. The city is going to use the right of way that
was dedicated to build new sidewalks there and increase the value of their property by taxpayer
money to build the sidewalks. That would have been more difficult if we had not got this
dedication. We appreciate the dedication, but I don't think that was an onerous burden. I do
agree that there are problems with the way this particular ordinance has been drafted and that is
why it is up before Ordinance Review Committee. I would encourage you to look at section
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
City Council Meeting Minutes
January 21,2014
Page 7 of 12
178.04 very carefully. There are some things that I would like to change in it and will suggest at
the Ordinance Review Committee meeting. I hope this will be one of the provisions that you will
be looking at as well as the food trucks.
Alderman Tennant: There is a RV park in south Fayetteville that I consider a recreational
vehicle that you can go in and stay for a week. Do we put the same burden on the owner of that
RV Park as we would on somebody with a trailer park?
City Attorney Kit Williams: I doubt it. I would have to defer to our Planning Department to
give you the firm answer. I think what Planning Commissioners look at when they talk about
permanent is not whether it can be moved or not, but whether they are moved. Year after year
there are these airstream trailers that are sitting at the lots. They aren't exactly the same as an RV
or mobile home. I think they are in between. I would ask Jeremy if he knows about what we
require if there is an establishment of an RV park in Fayetteville.
Jeremy Pate: We haven't seen one in many years. The Planning Commission did approve one
several years ago that was never constructed. We looked at the traffic generated by that and
looked it as a Large Scale Development.
Alderman Petty: The way we regulate mobile home parks, is that a use unit or a conditional
use permit?
Jeremy Pate: It is a use unit and it has its own specific chapter. Most of them now are federally
regulated and we have very little oversight in terms of the construction. We don't issue building
permits for the homes. However, in connection to our utility systems, ADA accessible
requirements we do inspect. That is part of our parking and building code.
Alderman Petty: Is it fair to say that the Council regulates mobile home parks in zoning
decisions?
Jeremy Pate: It is both in zoning decisions and development. You can have a Large Scale
Development that we look at and require improvements. We haven't had one of those since the
70's I think. We have them and there have been improvements required of them as part of the
development process. Generally there aren't requirements for later tenants, which is what the
point here is. The improvements are made up front. Like a retail strip center along College
Avenue, each tenant we don't look at for future improvements because the decision was made
for those improvements at the time when the use and development was established.
Alderman Petty: That is exactly the point I wanted to make. If we want to treat them similarly
to mobile home parks, for the property it is a zoning decision and development decision. Beyond
that it is just checking to make sure the vendor is putting together the right application, that they
have gone to the Health Department and have gotten their business license. Beyond that, I am not
sure what the city needs to be looking at. I know there are Commissioners that feel differently,
but if you go back and watch the video, seven out of nine of them were adamant that the
ordinance that proposed had these sorts of problems and needed to be fixed. They passed it to us
the same night with the understanding that we were going to send it to Ordinance Review and
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
City Council Meeting Minutes
January 21,2014
Page 8 of 12
address these things. I am pleased to hear some of these concerns being brought up in such a
clear manner.
Suzanne Clark: In regards to the ADA compliance. The accessibility issues under ADA require
access that is readily achievable. In terms of how these businesses operate, the ADA specifically
contemplates circumstances where providing that access could put that particular business
operator out of business and allows for those exceptions. If that language is included, I ask that
there also be language that specifically says that it is not intended to detract from or remove any
exceptions that also exist within the ADA.
Cynthia Morris, Property Owner of the Yacht Club at College: Back in March 2012 I
purchased this as a vacant lot. There were already three airstream trailers on the property when I
purchased it. The money that I have received from rent I have put back into the property for
improvements. I have added water, more electricity and movable landscaping.
On Friday, January 10, 2014 I got a message from the city that in order to renew the soup girls'
permit on that Monday night I had to agree to take up concrete in front of my parking lot and add
trees. I was given a 24 hour notice to get this done. I had no time to talk to the Urban Forester to
see what they would want. There was no way to get a bid to know what kind of cost we were
talking about. If I didn't say that was okay, then they would not renew her permit. That was also
the kind of thing that happened when I deeded the property over to the city. I was given 30 days
to get that completed.
Mayor Jordan: You had a 24 hour notice to take out your drive and plant trees?
Cynthia Morris: I had to agree to it. I got the notice on Friday morning, January 10, 2014. The
Planning Commission meeting was going to be that Monday night. I had a person up to redo
their permit. When there's a permit up, they think of what they want to tell me I have to do next.
I feel that was an unreasonable amount of time for me to make a business decision.
Jeremy Pate: What improvements have the Planning Commission required on that property?
Cynthia Morris: I have done everything myself. I have tried to stay ahead of the curve. I have
kept them informed on what 1 have done. The deeding of 2,000 square feet of my property to the
city has been the biggest thing. They have discussed what kind of awning should be on the
trailers, what kind of materials they should be made out of, should they use the original airstream
fabric. They are always coming up with ideas off the cuff at Planning Commission. This is not
the way a Planning Commission should work. There has been a lot of micromanagement items
that have been unique to our lot and not to other businesses in the city.
Mayor Jordan: We will look into that.
A discussion followed on the proposed improvements to the property that were requested by the
Planning Commission.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316