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HomeMy WebLinkAbout2013-09-03 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye eelle Ward 1 Position —Sarah Marsh City Attorney Attorney Kit Williams Ward 2 Position —Mark Kinwn Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Martin W. Schoppmeyer,Jr. Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Alan T.Long Final Agenda City of Fayetteville Arkansas City Council Meeting September 03, 2013 A meeting of the Fayetteville City Council will be held on September 03, 2013 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the August 20, 2013 City Council meeting minutes. APPROVED 2. 2013 Community Development Block Grant: A resolution approving a budget adjustment in the total amount of $46,209.00 recognizing a 2013 Community Development Block Grant revenue increase. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 182-13 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Transportation Department Message Sign: A resolution approving a budget adjustment in the amount of $14,500.00 for the purchase of a portable changeable message sign for the Transportation Department. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 183-13 4. What My Eyes Have Seen Photography: A resolution awarding RFP #13-12 and authorizing a contract with What My Eyes Have Seen Photography for the provision of Parks and Recreation Department youth soccer and softball team and individual photographs. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 184-13 5. Planet Footprint Utility Bill Management Software: A resolution approving a budget adjustment in the total amount of$1,987.00 to allow purchase of Planet Footprint Utility Bill Management Software. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 185-13 6. Bid #13-36 Mahoney's Equipment, LLC: A resolution awarding Bid #13-36 and authorizing the purchase of one (1) 3T Equipment Prowler Easement Machine with Doolitle Trailer from Mahoney's Equipment, LLC of Arnold, Missouri in the amount of $48,536.00 for use by the Water and Sewer Division, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 186-13 7. Ozark Regional Transit Bench and Transit Shelter Pads: A resolution approving a memorandum of understanding with Ozark Regional Transit as a sub-grantee for a Federal Transit Administration Grant in the amount of $154,315.08 to fund bench and transit shelter pads and sidewalks, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 187-13 B. Unfinished Business: 1. RZN 13-4410 (2468 N. Crossover Rd./Lynnwood Estates): An ordinance rezoning that property described in rezoning petition RZN 13-4410, for approximately 4.66 acres located at 2468 North Crossover Road from RSF-2, Residential Single-Family, 2 units per acre, to NS, Neighborhood Services subject to a Bill of Assurance. This ordinance was left on the First Reading at the August 6, 2013 City Council meeting. This ordinance was left on the Second Reading at the August 20, 2013 City Council meeting. THIS ITEM FAILED 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. §72.73 Regulation of Wheel Clamps or Booting: An ordinance to enact §72.73 Regulation of Wheel Clamps or Booting on private pay to park lots within the Entertainment District Parking Zone and the Downtown Business Parking District Zone into the Fayetteville code. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5610 2. Amend §72.70 Application of the Parking Regulations Chapter: An ordinance to amend §72.70 Application of the Parking Regulations Chapter of the Fayetteville Code to extend the application of Nonconsensual Towing Regulations for Private Pay to Park Lots to the Downtown Business District Parking Zone. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5611 3. §96.02 Unreasonable or Excessive Noise Prohibited: An ordinance to amend §96.02 Unreasonable or Excessive Noise Prohibited; Exceptions to restrict late night construction activity noises near residences. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5612 4. §94.06 Flammable and Combustible Liquids: An ordinance amending Section 94.06 Flammable and Combustible Liquids; Liquefied Petroleum Gases of the Code of Fayetteville to permit above-ground propane and natural gas tanks for the exclusive purpose of fueling vehicles. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5613 5. Revolving Fund for Interdepartmental Resource Efficiency Loans: A resolution to request the Fayetteville City Administration to investigate the feasibility and potential operational benefits of establishing a Revolving Fund for Interdepartmental Resource Efficiency Loans. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 188-13 6. Fayetteville Animal Shelter Funding: A resolution to place within the 2014 Budget $60,200.00 to provide funding for various improvements to the Fayetteville Animal Shelter. THIS ITEM WAS TABLED INDEFINITELY 7. Fayetteville Government Channel's Mission Statement Amendment: A resolution amending the Fayetteville Government Channel's Mission Statement, Goals Statement and Operating Policies, as approved by Resolution No. 180-10, to prohibit the recording or televising of meetings of the Nominating Committee of the City Council by the Fayetteville Government Channel. TABLED TO THE OCTOBER 1, 2013 CITY COUNCIL MEETING 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 D. City Council Agenda Session Presentations: E. City Council Tour: F. Announcements: Adjournment: 10:03 p.m. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter, please call 575-8330. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting: September 3,2013 Adjourn: T im Subject: Roll Kinion Petty Tennant Schoppmeyer Adams Long Gray Marsh Mayor Jordan Subject: Motion To: Motion By: Seconded: Kinion Petty Tennant Schoppmeyer Adams Long Gray Marsh Mayor Jordan City Council Meeting: September 3,2013 Subject: Consent Motion To: Motion By: T Seconded: Kinion Petty Tennant Schoppmeyer Adams r Long 9rt ,-Gray Qj2.13 Marsh �IYU Mayor Jordan Subject: Motion To: Motion By: Seconded: Kinion Petty Tennant Schoppmeyer Adams Long Gray Marsh Mayor Jordan City Council Meeting: September 3,2013 Subject: RZN 13-4410 (2468 N. Crossover Rd./Lynnwood Estates) Motion To: �Yd k I Motion By: 111 Seconded: �' t B. 1 Kinion V/ Unfinished Petty Business Tennant N Schoppmeyer Adams r Long U'Um Gray kd ' Marsh Mayor Jordan leo Subject: Motion To: Motion By: Seconded: Kinion Petty Tennant Schoppmeyer Adams Long Gray Marsh Mayor Jordan City Council Meeting: September 3,2013 Subject: §72.73 Regulation of Wheel Clamps or Booting Motion To: �,W�i"Ib Vics:(d Ia ,.Pd �v htr d Motion By: U Seconded: i� C. 1 Kinion 4Y�LT�all, New Petty V, -6/ Business Tennant IOL,i Schoppmeyer Adams Long f Gray s/ Marsh Mayor Jordan S - O Subject: Amend §72.70 Application of the Parking Regulations Chapter Motion To: rA , 1 � &d Motion By: Seconded: J )v OJIA C 2 Kinion New Petty Business Tennant Schoppmeyer f� Adams Long 1 Gray r Marsh I Mayor Jordan City Council Meeting: September 3,2013 �^ Subject: �' 11 , 5 �ti f(fit O P "&--,/ jO(dY1 b 600p' 't - rr Motion To: a Motion By: Seconded: Kinion I Petty W-0 Tennant Schoppmeyer i / Adams Long Gray Marsh D Mayor Jordan C . Subject: Motion To: Motion By: Seconded: Kinion Petty Tennant Schoppmeyer Adams Long Gray Marsh Mayor Jordan City Council Meeting: September 3, 2013 Subject: §96.02 Unreasonable or Excessive Noise Prohibited r Motion To: Motion By: C� Seconded: C. 3 Kinion a New Petty Business Tennant Schoppmeyer Adams Long Gray Marsh VII Mayor Jordan Subject: §94.06 Flammable and Combustible Liquids Motion To: ) A Motion By: Seconded: C. 4 Kinion New Petty Business Tennant Schoppmeyer Adams m Long �I Gray Marsh I?j Mayor Jordan City Council Meeting: September 3,2013 Subject: Revolving Fund for Interdepartmental Resource Efficiency Loans Motion To: � Motion By: Seconded: C. 5 Kinion New Petty Business Tennant Schoppmeyer Adams Long Gray Marsh i3 Mayor Jordan Subject: Fayetteville Animal Shelter Funding Motion To: Jb-bw Lodaf Motion By: Seconded: C. 6 Kinion New Petty Business Tennant Schoppmeyer Adams Long 0 Gray Marsh Mayor Jordan 17-1 City Council Meeting: September 3,2013 Subject: Fayetteville Government Channel's Mission Statement Amendment Motion To: -rcL � C'+ 1 -*G lb Atif Motion By: Seconded: C. 7 Kinion New Petty Business Tennant ok !-VaAvk Schoppmeyer LM6 AD Adams Long ' Gray f Marsh Mayor Jordan Subject: Motion To: Motion By: Seconded: Kinion Petty Tennant Schoppmeyer Adams Long Gray Marsh Mayor Jordan • aye evl a Departmental Correspondence di LEGAL ARKANSAS teville.org DEPARTMENT Kit Williams City Attorney Jason B.Kelley Assistant City Attorney TO: Mayor Jordan THRU: Sondra Smith, City Clerk ^� FROM: Kit Williams, City Attorney �Jt DATE: September 4,2013 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of September 3,2013 1. 2013 Community Development Block Grant: A resolution approving a budget adjustment in the total amount of $46,209.00 recognizing a 2013 Community Development Block Grant revenue increase. 2. Transportation Department Message Sign: A resolution approving a budget adjustment in the amount of $14,500.00 for the purchase of a portable changeable message sign for the Transportation Department. 3. What My Eyes Have Seen Photography: A resolution awarding RFP #13-12 and authorizing a contract with What My Eyes Have Seen Photography for the provision of Parks and Recreation Department youth soccer and softball team and individual photographs. 4. Planet Footprint Utility Bill Management Software: A resolution approving a budget adjustment in the total amount of$1,987.00 to allow purchase of Planet Footprint Utility Bill Management Software. 5. Bid #13-36 Mahoney's Equipment, LLC: A resolution awarding Bid #13-36 and authorizing the purchase of one (1) 3T Equipment Prowler Easement Machine with Doolitle Trailer from Mahoney's Equipment, LLC of Arnold, Missouri in the amount of $48,536.00 for use by the Water and Sewer Division, and approving a budget adjustment. 6. Ozark Regional Transit Bench and Transit Shelter Pads: A resolution approving a memorandum of understanding with Ozark Regional Transit as a sub-grantee for a Federal Transit Administration Grant in the amount of$154,315.08 to fund bench and transit shelter pads and sidewalks, and approving a budget adjustment. 7. §72.73 Regulation of Wheel Clamps or Booting: An ordinance to enact §72.73 Regulation of Wheel Clamps or Booting on private pay to park lots within the Entertainment District Parking Zone and the Downtown Business Parking District Zone into the Fayetteville code. 8. Amend §72.70 Application of the Parking Regulations Chapter: An ordinance to amend §72.70 Application of the Parking Regulations Chapter of the Fayetteville Code to extend the application of Nonconsensual Towing Regulations for Private Pay to Park Lots to the Downtown Business District Parking Zone. 9. §96.02 Unreasonable or Excessive Noise Prohibited: An ordinance to amend §96.02 Unreasonable or Excessive Noise Prohibited; Exceptions to restrict late night construction activity noises near residences. 10. §94.06 Flammable and Combustible Liquids: An ordinance amending Section 94.06 Flammable and Combustible Liquids; Liquefied Petroleum Gases of the Code of Fayetteville to permit above-ground propane and natural gas tanks for the exclusive purpose of fueling vehicles. 11. Revolving Fund for Interdepartmental Resource Efficiency Loans: A resolution to request the Fayetteville City Administration to investigate the feasibility and potential operational benefits of establishing a Revolving Fund for Interdepartmental Resource Efficiency Loans. 2 Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye eelle Ward 1 Position —Sarah Marsh City Attorney Attorney Kit Williams Ward 2 Position —Mark Kinwn Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Martin W. Schoppmeyer,Jr. Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Alan T.Long Final Agenda City of Fayetteville Arkansas City Council Meeting September 03, 2013 A meeting of the Fayetteville City Council will be held on September 03, 2013 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the August 20, 2013 City Council meeting minutes. 2. 2013 Community Development Block Grant: A resolution approving a budget adjustment in the total amount of $46,209.00 recognizing a 2013 Community Development Block Grant revenue increase. 3. Transportation Department Message Sign: A resolution approving a budget adjustment in the amount of $14,500.00 for the purchase of a portable changeable message sign for the Transportation Department. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 4. What My Eyes Have Seen Photography: A resolution awarding RFP #13-12 and authorizing a contract with What My Eyes Have Seen Photography for the provision of Parks and Recreation Department youth soccer and softball team and individual photographs. 5. Planet Footprint Utility Bill Management Software: A resolution approving a budget adjustment in the total amount of$1,987.00 to allow purchase of Planet Footprint Utility Bill Management Software. 6. Bid #13-36 Mahoney's Equipment, LLC: A resolution awarding Bid #13-36 and authorizing the purchase of one (1) 3T Equipment Prowler Easement Machine with Doolittle Trailer from Mahoney's Equipment, LLC of Arnold, Missouri in the amount of $48,536.00 for use by the Water and Sewer Division, and approving a budget adjustment. 7. Ozark Regional Transit Bench and Transit Shelter Pads: A resolution approving a memorandum of understanding with Ozark Regional Transit as a sub-grantee for a Federal Transit Administration Grant in the amount of $154,315.08 to fund bench and transit shelter pads and sidewalks, and approving a budget adjustment. B. Unfinished Business: 1. RZN 13-4410 (2468 N. Crossover Rd./Lynnwood Estates): An ordinance rezoning that property described in rezoning petition RZN 13-4410, for approximately 4.66 acres located at 2468 North Crossover Road from RSF-2, Residential Single-Family, 2 units per acre, to NS, Neighborhood Services subject to a Bill of Assurance. This ordinance was left on the First Reading at the August 6, 2013 City Council meeting. This ordinance was left on the Second Reading at the August 20, 2013 City Council meeting. Left on the Second Reading C. New Business: 1. §72.73 Regulation of Wheel Clamps or Booting: An ordinance to enact §72.73 Regulation of Wheel Clamps or Booting on private pay to park lots within the Entertainment District Parking Zone and the Downtown Business Parking District Zone into the Fayetteville code. 2. Amend §72.70 Application of the Parking Regulations Chapter: An ordinance to amend §72.70 Application of the Parking Regulations Chapter of the Fayetteville Code to extend the application of Nonconsensual Towing Regulations for Private Pay to Park Lots to the Downtown Business District Parking Zone. 3. §96.02 Unreasonable or Excessive Noise Prohibited: An ordinance to amend §96.02 Unreasonable or Excessive Noise Prohibited; Exceptions to restrict late night construction activity noises near residences. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 4. §94.06 Flammable and Combustible Liquids: An ordinance amending Section 94.06 Flammable and Combustible Liquids; Liquefied Petroleum Gases of the Code of Fayetteville to permit above-ground propane and natural gas tanks for the exclusive purpose of fueling vehicles. 5. Revolving Fund for Interdepartmental Resource Efficiency Loans: A resolution to request the Fayetteville City Administration to investigate the feasibility and potential operational benefits of establishing a Revolving Fund for Interdepartmental Resource Efficiency Loans. 6. Fayetteville Animal Shelter Funding: A resolution to place within the 2014 Budget $60,200.00 to provide funding for various improvements to the Fayetteville Animal Shelter. 7. Fayetteville Government Channel's Mission Statement Amendment: A resolution amending the Fayetteville Government Channel's Mission Statement, Goals Statement and Operating Policies, as approved by Resolution No. 180-10, to prohibit the recording or televising of meetings of the Nominating Committee of the City Council by the Fayetteville Government Channel. D. City Council Agenda Session Presentations: E. City Council Tour: F. Announcements: Adjournment: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter, please call 575-8330. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 B. 1 RZN 13-4410(2468 N.Crossover Rd./Lynnwood Estates) ayerKdOUe Pa e1 ETHE CITY OF FAYETTEVILLE,ARKANSASDEPARTMENT CORRESPONDENCES CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff ��pp Jeremy Pate, Development Services Directorg From: Andrew Gamer, Senior Planner Date: August 23, 2013 Subject: Revised Request for RZN 13-4410 (2468 N. Crossover/Lynnwood Estates) The applicant for the subject rezoning has revised their request to rezone to NS, Neighborhood Services. While the NS zoning district would likely result in lower impacts compared with the previous R-O request in terms of building size and scale and the potential for reduced traffic volume, staff still has similar concerns with the current request and recommends denial of the rezoning. Staff s primary concerns with the NS zoning request at this location are as follows: • The proposal is not consistent with the Future Land Use Plan Map (FLUM) designation of this area of Crossover Road. When staff proposed the FLUM as part of City Plan 2030, which was adopted by City Council in 2011, we anticipated a nodal plan for the build-out of Crossover Road implementing transect planning, an important part of traditional neighborhood development. The Transect is an ordering system, ranging from natural space to the most urban. Along Crossover Road, this plan, as opposed to a continuous corridor build-out, concentrates mixed use and non-residential development primarily at the major intersections of Crossover Road. In particular, the intersections of Huntsville Road, Mission Boulevard, Joyce Boulevard, and Zion Road are all planned with a high potential for mixed use development, redevelopment, and infill. The intent is to maintain the typology of the neighborhoods, with the distinct character of the urban areas at the intersections quickly transitioning into general residential neighborhoods, and the more rural residential and open space character of Crossover Road. The subject property is not in the vicinity of any of these nodes, or `urban' neighborhoods. The zoning introduces a new non-residential zoning and building type in the middle of an established residential area. This potentially pulls future development, redevelopment, and infill opportunities away from the major intersections, and starts to spread it out along Crossover Road, which then reduces the capacity of these nodes to redevelop more densely over time. • The proposal would introduce a non-residential zoning into a section of Crossover Road that is predominantly single family and estate lot in nature with deep setbacks, low intensity, and a residential and rural-residential character in certain areas. While staff does not anticipate that all undeveloped areas of Crossover Road will remain rural, the general character of the subject area is anticipated to remain primarily residential, and helps create a certain sense of place, and the unique character to this area of east Fayetteville. • The NS zoning is not appropriate in this location, being sensitive to the context of the corridor. While non-residential, mixed use and form-based zoning codes are appropriate in many areas of the City, they are not always appropriate in others. Sub-urban and rural environments also exist within cities, and at B. 1 THE CITY OFWAYffftf1.. 6 Ak FqgMer Page 2 of 6 times along major thoroughfare corridors. With a high-speed state highway (45-50 mph) being recently redeveloped and widened, traffic speeds and traffic volume will likely increase in this area. The NS zoning has a build-to zone between 10 and 25 feet from the right-of-way. Placing a building in close proximity to Crossover Road may not be appropriate in terms of safety, scale, or use, and would be out of character with the building setbacks of much of this vicinity, without a coordinating plan for a larger area in context with this site. Non-residential form-based zonings are appropriate when attempting to create a pedestrian-friendly, mixed use, and traditional neighborhood environment. This area of Crossover Road does not appear to meet the general criteria for this type of zoning, nor does the context of the environment surrounding it support it at this time. It should be noted that staff does not share some of the concerns cited by the neighborhood as reasons for denial of the rezoning. The gating of neighborhoods, creating areas of exclusivity or making decisions on land use policy based on home or property value as a primary factor is not something that is supported by City Council policies or general planning policy for connectivity, openness and neighborliness. The traffic generated by this development as proposed is also not a concern, based on the infrastructure in place to accommodate vehicles in the area. In fact, the median that is being constructed will provide safer turning movements and reduce the potential for vehicle crashes, as a proven access management tool. 40 B. 1 RZN 13-4410(2468 N.Crossover Rd./Lynnwood Estates) Page 3 of 6 2468 N. Crossover Rd. Fayetteville,AR 72703 August 21,2013 The Honorable Mayor Lionel Jordan Members, Fayetteville City Council City Administration Building 113 West Mountain St. Fayetteville,AR 72701 Re: Rezoning of LynnWood Estates at 2468 N. Crossover Rd., Fayetteville,AR 72703 Dear Mayor Jordan and City Council Members: This letter is to serve as an amendment to our previous zoning request:changing from Zone R-O to Zone NS(Neighborhood Services).Our Bill of Assurances will continue to apply to NS.Thank you for your attention in this matter. Sincerely, Jury W.Jones Lynn B. Rogers B. 1 RZN 13-4410(2468 N.Crossover Rd./Lynnwood Estates) Page 4 of 6 BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE,ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification,the owner,developer, or buyer of this property, (hereinafter"Petitioner")Jerry W.Jones& Lynn B. Rogers Revocable Trust LynnWood Estates,hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville,Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioners heirs, assigns, or successors violate any term of this Bill of Assurance,substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioners rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioners property shall be restricted as follows IF Petitioners rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to Professional Office Space or Single Family Residences 2. Other restrictions including number and type of structures upon the property are limited to: a. Height of any building constructed is not to exceed 40 feet b. Materials used will be brick,stone or similar material c. Structures must have no less than a 6/12 roof pitch d. Fencing will separate the property on the east side from adjoining neighbors and must be approved by Petitioner. 3. Specific activities will not be allowed upon Petitioner's property include: a. No loud or obnoxious noise b. No outdoor animals c. No bars or alcohol serving businesses including clubs etc. d. No late night businesses e. No sexual related businesses f. No residential rentals g. No multi-family dwellings 4. (Any other terms or conditions)Street side landscaping plus landscaped yards,parking and other outside lighting will be minimal height and not disturbing to neighbors. 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. B. 1 RZN 13-4410(2468 N.Crossover Rd./Lynnwood Estates) Page 5 of 6 6. IN WITNESS WHEREOF and in final agreement with all the terms and conditions stated above, we Jerry W.Jones& Lynn B. Rogers Trustees of the Jerry W.Jones& Lynn B. Rogers Revocable Trust Lynnwood Estates, as the owner(Petitioner)voluntarily offer all such assurances and sign our names below. Jerry W.Jones&Lynn B. Rogers Trustees Date Address 2468 Crossover Road Fayetteville,AR 72703 NOTARY OATH STATE OF ARKANSAS J.ss COUNTY OF WASHINGTON } r And now on this the�day of 2013 appeared before me,Jerry W.Jones & Lynn B. Rogers Trustees of the Jerry W.Jones& Lynn B. Rogers Revocable Trust Lynn Wood Estates, a Notary Public,and after being placed upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. OF= IC 1:172049 TA ASyr ? -ARKANLA3 N Wh'�NG ` 3OUNTY MY CO M6.. =CLNIY ..�iO1V cXh�i FiES:07-02-79 NOTARY PUBLIC My Commission Expires: O o2 �l Umruvl,td - > "dqw,li .: Page 1 of 1 B. 1 fi �4 RZN 13-4410(2468 N.Crossover �'�lks Rd./Lynnwood Estates) City Clerk Fwd: Rezoning hearing on hwy 265 near Township Page 6 of 6 From: Andrew Garner To: City Clerk Date: 8/27/2013 11:46 AM Subject: Fwd: Rezoning hearing on hwy 265 near Township To be added to the packet for this rezoning for the next council meeting. Andrew M. Garner,AICP Senior Planner City of Fayetteville 125 West Mountain Street Fayetteville,Arkansas 72701 Tel.479.575.8262 Fax.479.575.8202 agarner@ci.fayetteville.ar.us www.accessfayetteville.org Telecommunications Device for the Deaf.(479)521-1316 >>> Mike Yates <myates@us.ibm.com> 8/27/2013 10:58 AM >>> We live at 2431 Candlewood Dr For many reasons I urge you to vote against rezoning the parcel. The area should remain Residential given that the entire area is residential. Mike and Sandy Yates Sent from my iPhone Mike Yates Sent from my iPhone file:///C:/Users/ssmith/AppData/Local/Temp/XPgrpwise/521 C919DFAYETTEVILLECIT... 8/27/2013 C.2 Amend§72.70 Application of the Parking Regulations Chapter Page 1 of I2ril F AGENDA REQUEST FOR: COUNCIL MEETING OF September 3, 2013 FROM: CITY COUNCIL MEMBER ALAN LONG CITY ATTORNEY KIT WILLIAMS ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance to amend § 72.70 Application of the Parking Regulations Chapter of the Fayetteville Code to extend the application of nonconsensual towing regulations for private pay to park lots to the Downtown Business District Parking Zone APPROVED FOR AGENDA: City 1 tuber Alan Long Da 9J4 21 Z..)43 City Attorne Kit Williams Date C.2 Amen tion of the � Pa 'ng R gulat' s Chapter Ta e evl le age 2 of 4 Departmental Correspondence ARKANSAS LEGAL • • DEPARTMENT Kit Williams City Attorney Jason B.Kelley Assistant City Attorney TO: Mayor Jordan City Council FROM: Kit Williams, City Attorney DATE: August 26, 2013 RE: Extending towing regulations to all pay to park lots within the Downtown Business District Parking Zone The Fayetteville City Council Ordinance Review Committee and City Staff have recommended that the new Wheel Clamp regulation ordinance be applied not only in the Entertainment District Parking Zone but also to the Downtown Business Development Parking Zone in an effort to reduce complaints generated by a pay to park lot in the Downtown Business District Parking Zone. I have, thus, amended the proposed Wheel Clamp regulation ordinance. Because of the extension of the Wheel Clamp regulation ordinance, the towing regulation ordinance for private pay to park lots should also be extended to the Downtown Business District Parking Zone so we do not encourage nonconsensual towing at unregulated (and formerly exorbitant rates) for a private pay to park lot whose wheel clamp removal fees will be reduced from $100.00 to $40.00. Accordingly, I have drafted and Chairman Alan Long of the Ordinance Review Committee has agreed to sponsor an amendment to § 72.70 Application of the Parking Regulation Chapter of the Fayetteville Code to extend the nonconsensual towing regulations for pay •to •park lots to match the new Wheel Clamp regulations. C.2 Amend§72.70 Application of the Parking Regulations Chapter Page 3 of 4 ORDINANCE NO. AN ORDINANCE TO AMEND § 72.70 APPLICATION OF THE PARKING REGULATIONS CHAPTER OF THE FAYETTEVILLE CODE TO EXTEND THE APPLICATION OF NONCONSENSUAL TOWING REGULATIONS FOR PRIVATE PAY TO PARK LOTS TO THE DOWNTOWN BUSINESS DISTRICT PARKING ZONE WHEREAS, the Wheel Clamp regulations for private pay to park lots should be applicable in both the Entertainment District Parking Zone and the Downtown Business District Parking Zone; and WHEREAS, the nonconsensual towing regulations and its sign requirement should be extended to the Downtown Business District Parking Zone for private pay to park lots. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby amends § 72.70 Application of the Parking Regulations Chapter of the Fayetteville Code by placing all existing wording in subsection(A) and enacting subsection (B) as shown below: "(B) Private pay to park lots within the Downtown Business District Parking Zone. Owners/managers of private pay to park lots within the Downtown Business District Parking Zone shall follow and obey all requirements set forth in §§ 72.71, 72.72, and 72.73 of the Parking Regulations Chapter. These regulations do not apply to removal of vehicles from publically owned or leased property, to police initiated tows, nor to other than private pay to park lots. PASSED and APPROVED this 3rd day of September, 2013. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer C.2 G u rk"t rg0 Amend R Application of the ( Parkinging Regulations Chapter Page 4 of 4 I FAYETTEVILLE CODE OF ORDINANCES .._. TITLE VII TRAFFIC CODE issued to park in any valid paid parking space 72.70 Application in the District, without the requirement of paying any pay station or meter. These nonconsensual towing regulations shall apply (2) The annual parking pass shall not be valid for within the Entertainment District Parking Zone shown'on parking in any public gated lots which require Exhibit A for the nonconsensual towing of a vehiple payment upon exit. subject to registration under the laws of Arkansas if it is found abandoned, parked without the consent of the (3) The annual parking pass shall not be valid for property owner or the owners'agent,parked in violation parking in any residential parking zone. of the time period or location agreed to by the owner,or owner's agent, or for whatever reason the ownerior (4) The annual parking pass shall not guarantee a owner's agent believes a vehicle, which is not the parking space to a vehicle with an annual property of the owner or owner's agent, should be towed. These regulations do not apply to removal'lof parking pass. vehicles from publicly owned or leased property,nor to (5) The annual parking pass shall not be valid for police initiated tows. The sign requirements do not any parking space marked as"No Parking'. apply to residential driveways or parking lots designed for four or fewer vehicles. These regulations shall apply (6) The annual parking pass shall visible from the city-wide where indicated in§72.72. exterior of the vehicle while it is parked in the (Ord.5322.6-1-10) District, and it shall display an identifying number. qq/��pp / (B) Issuance,Transfer&Costs F)I✓✓I/ y /V ) (1) An annual parking pass,valid from August 1�' ' through July 31st the following year and issued �----' pursuant to this section, shall cost $600.00. The total cost shall be reduced if purchased after August 1s' but before June 1s' the ...- following year by an amount equal to the total ' annual cost divided by the total number of days remaining before the next August 1$'. Any annual parking pass purchased on or after June 1s' shall only become valid on the following August 1st. (2) An annual parking pass is vehicle specific in that it shall be tied to only one vehicle license plate number,and not to any particular person. (3) An annual parking pass may be transferred to another vehicle upon payment of a $25.00 processing fee. (4) No refunds shall be issued for any annual parking pass. (Ord.5371, 12-7-10) 72.60-72.69 Reserved ARTICLE IV NONCONSENSUAL TOWING REGULATIONS CD72:16 i ri� #F _ `lH^�-e'v �pcvvr�n'VLt�^l C.5 U Revolving Fund for Interdepartmental Resource Efficiency Loans r � Page 1 of 12 Green Revolving Fund Local examples Street lights • Current cost: $575,000 annually • Low bound of savings: 40%or$230000 Buildings built before 1991 • 45 buildings • —340,000 sf • Some buildings built in the 20's and 30's. • 10%utility savings is typical (but we can't even find that out right now) Stats Medians from university GRF's: • Project ROI: 32% o If city established a$500k fund, annual ROI would be$150klyear. • Project payback period: 4 years In simple terms 1. GRF tracks savings explicitly 2. spends at least half of savings on new efficiency projects 3. an administrative fee is included in all project cost sheets 4. other half goes to: a. immediate operational needs, or b. loans to employees, or c.- new programs, or d. loans to outside.institutions Multiple models Simple(can be done administratively): • New line-item on each divisional budget to account for savings • Commitment to revolve at least 50%of the savings to new energy efficiency projects More complex, but also more flexible(requires legislative action): • Establishment of Green Revolving Fund makes interdepartmental loans • Provides central accounting for efficiency projects • Ability to charge interest on loans allows us to protect X dollars against inflation Implementation steps • Research case studies of the various models • Perform an energy audit on at least 10%of our air-conditioned square footage o Hard to estimate costs at this stage but auditing 10%of our air conditioned space built before 1991 would be—$80k.