HomeMy WebLinkAbout2011-10-18 - Agendas - Final Aldermen
Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray
7ayve e�l e Ward 1 Position 2—Brenda Boudreaux
City Attorney Kit Williams Ward 2 Position 1 —Mark Kinwn
Ward 2 Position 2—Matthew Petty
City Clerk Sondra Smith Ward 3 Position l—Justin Tennant
ARKANSAS Ward 3 Position 2—Robert Ferrell
Ward 4 Position 1 —Rhonda Adams
Ward 4 Position 2—Sarah E.Lewis
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
October 18, 2011
A meeting of the Fayetteville City Council will be held on October 18, 2011 at 6:00 PM in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
City Council Meeting Presentations, Reports and Discussion Items:
1. America in Bloom Awards
Agenda Additions:
1. Patrick J. Tobin Settlement Agreement: A resolution approving a settlement
agreement with Patrick J. Tobin, Trustee of the Patrick J. Tobin Revocable Living Trust
U/D/T March 4, 1997, concerning condemnation litigation filed as part of the Township
Street Widening Project, in the total amount of$60,000.00
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 181-11
A. Consent:
1. Approval of the October 4, 2011 City Council meeting minutes. APPROVED
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
2. Animal Services Division Donation Revenue: A resolution approving a budget
adjustment in the amount of $31,943.12 representing citizen donation revenue to the
Animal Services Division for the first, second and third quarters of 2011.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 182-11
3. Botanical Garden of the Ozarks: A resolution approving a participation and unsecured
loan agreement with the Botanical Garden of the Ozarks to install ten (10) LED lights
and poles in the amount of $34,911.38 as part of the City of Fayetteville Community
Revolving Loan Fund for Energy Efficiency.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 183-11
4. Bid #10-36 Premier Lighting Group: A resolution authorizing purchase of ten (10)
additional LED fixtures and poles in the amount of $19,042.28 pursuant to Bid #10-36,
from Premier Lighting Group for installation at the Botanical Garden of the Ozarks as
part of the Community Revolving Loan Fund for Energy Efficiency Program.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 184-11
B. Unfinished Business:
1. RZN 11-3892 (Fayette Junction Master Plan): An ordinance rezoning that property
described in rezoning petition RZN 11-3892, for select properties located within the
Fayette Junction Master Plan area totaling approximately 225 acres. This ordinance was
left on the Second Reading at the October 4, 2011 City Council meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5448
2. RZN 11-3916 (Holcomb Heights PZD/TTO LLC: An ordinance rezoning that
property described in rezoning petition RZN 11-3916, for approximately 19.24 acres,
located at the southwest corner of Salem and Weir Road from R-PZD, Residential
Planned Zoning District (06-2281 Holcomb Heights I and 07-2613 Holcomb Heights II),
to RSF-8, Residential Single-Family, 8 units per acre. This ordinance was left on the
Second Reading at the October 4, 2011 City Council meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5449
3. ADM 11-3943 Belclaire Subdivision-Amendment to Bill of Assurance): An
ordinance to amend Section 3 of Ordinance No. 4605 to amend the Bill of Assurance to
reduce the minimum house size from 2,400 square feet to 2,000 square feet. This
ordinance was left on the Second Reading at the October 4, 2011 City Council meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5450
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. VAC 11-3931 (510 W. 111h St. & 989 S. School Ave./Campus Crest): An ordinance
approving VAC 11-3931 submitted by Morrison Shipley Engineers, Inc. for property
located at 510 West I Vh Street and 989 South School Avenue to vacate unconstructed
street right-of-way.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5451
2. VAC 11-3940 (Summit Place Subdivision): An ordinance approving VAC 11-3940
submitted by Coover Consultants for property located in the Summit Place Subdivision to
vacate a portion of a utility easement throughout the subdivision.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5452
3. ADM 11-3934 (Amend UDC Chapters 164.12 and 164.13): An ordinance amending
the Unified Development Code of the City of Fayetteville related to Nonconforming Uses
and Structures and Non Residential Uses in R Districts.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5453
4. NWA Entertainment, LLC: An ordinance waiving competitive bidding and approving
a cost-share agreement with NWA Entertainment, LLC in the amount of$75,255.00 for
water line design and construction for the Arkansas Music Pavilion.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5454
City Council Tour:
Announcements:
Adjournment: 7:20 p.m.
NOTICE TO MEMBERS OF THE AUDIENCE
All interested parties may appear and be heard before the City Council. If you wish to address
the City Council on an agenda item please queue behind the podium when the Chair asks for
public comment. Once the chair recognizes you, go to the podium and give your name and
address. Address your comments to the Chair, who is the presiding officer. The Chair will
direct your comments to the appropriate elected official, staff member or others for response.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
Please keep your comments brief, to the point and relevant to the agenda item being
considered so that everyone has a chance to speak.
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.
As a courtesy please turn off all cell phones and pagers.
A copy of the City Council agenda is available at accessfayetteville.org or in the office of the
City Clerk, 113 West Mountain, Fayetteville,Arkansas.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
City Council Meeting: October 18, 2011 Adjourn:
Subject: Roll
Tennant ✓
Ferrell ✓
Adams
Lewis ✓
Gray
Boudreaux
Kinion 1/
Petty ✓
Mayor Jordan
q-o
Subject: �e}4 (¢nn�t� 6-11-U} ul i Aa4A 'C k- J• To 6;n, 1/u�
Motion To: d d --o 4&A
AA J tv !
6vpn P4 14-
Motion By: u�lur4
Seconded: /dill ion k i n i
UcCv4w Tennant ✓ f
Ferrell i/ W011-
Adams
/Adams ✓
Lewis ,/
tsec:�
Gray ✓ ✓
Boudreaux i/ ✓
1 D 1 Kinion �/ ✓
Petty ✓ Al
Mayor Jordan
g-o 7-/
City Council Meeting: October 18,2011
Subject: Consent
Motion To: q
Motion By:
Seconded: G'n
Tennant ✓
M num QbSen� G@tu�in�
Ferrell
Adams
P� Lewis
Gray
Boudreaux
r Kinion ✓
Petty ✓
Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
Tennant
Ferrell
Adams
Lewis
Gray
Boudreaux
Kinion
Petty
Mayor Jordan
City Council Meeting: October 18, 2011
Subject: RZN 11-3892 (Fayette Junction Master Plan)
Motion To: rda n n
Motion By: 11 PO-W
Seconded:
B. 1 Tennant ✓
Unfinished Ferrell c(cNrn� ✓
Business Adams ✓ ✓
Pat Lewis ✓ ✓
Gray ✓ ✓
L' Q Boudreaux �/ ✓
�414 U Kinion ✓ ✓
Petty ✓ ✓
Mayor Jordan
7 -0 8-0
Subject: RZN 11-3916 (Holcomb Heights PZD/TTO LLC
Motion To:
r 1 A,, .�
Motion By:
Seconded: l
B 2 Tennant ✓
Unfinished Ferrell ✓ ✓
Business Adams ✓
� j Lewis
-` Gray V �/
5 �Q Boudreaux �/ �✓
1 Kinion �/ ✓
Petty ✓
Mayor Jordan
F-0 f�'-D
City Council Meeting: October 18, 2011
Subject: ADM 11-3943 Belclaire Subdivision-Amendment to Bill of Assurance)
Motion To:
Motion By:
Seconded:
B 3 Tennant
Unfinished Ferrell �/ ✓
Business Adams
Lewis ✓ ✓
`.�
Gray 0/
Boudreaux ✓ ✓
L�50 Kinion ✓ ✓
Petty
Mayor Jordan
9-0
Subject:
Motion To:
Motion By:
Seconded:
Tennant
Ferrell
Adams
Lewis
Gray
Boudreaux
Kinion
Petty
Mayor Jordan
City Council Meeting: October 18, 2011
Subject: VAC 11-3931 (510 W. 11`h St. & 989 S. School Ave./Campus Crest)
Motion To:
a �
Motion By:
Seconded:
C. 1 Tennant ✓ ✓
New Ferrell �/ ✓
Business Adams to '
Lewis r L,s' ✓
�T Gray , . ✓ ✓
551 Boudreaux
Kinion
Petty ✓ r ✓
Mayor Jordan
P-O
Subject: VAC 11-3940 (Summit Place Subdivision)
Motion To: IQnd aaj
Motion By: I !
Seconded:
C.2 Tennant ✓ f
New Ferrell
Business Adams �/ ✓
�Qoatd Lewis ✓ �/
Gray ✓ ✓ ti/
5 L Boudreaux ✓ �/
'1 Kinion
Petty y� ✓ ✓
Mayor JordaJn
City Council Meeting: October 18,2011
Subject: ADM 11-3934(Amend UDC Chapters 164.12 and 164.13)
Motion To:
0.
Motion By:
Seconded: 4-AAAA--
C.
Al AAC. 3 Tennant ✓ ! ,/
New Ferrell ✓
Business Adams
Lewis I/ ✓ i/
pa�A
Gray Vol' �✓ ✓
Boudreaux 6/ 10 ✓
3 Kinion vl� ✓`' ✓
Petty ✓ ✓ ✓
Mayor Jordan
Subject: NWA Entertainment,LLC
Motion To: j}
Motion By:
Seconded: EC&i c(!tn/lard Q
C 4 Tennant ✓ �/
New Ferrell
Business Adams ✓ �/
Lewis ✓ ✓ i/
Gray i✓ ✓
r Boudreaux ✓ &/ ✓
'J Kinion ✓ Wool-
Petty Petty ✓ ✓
Mayor Jordan
$ -0
•
a e evl le Departmental Correspondence
y ARKANSAS
LEGAL
DEPARTMENT
TO: Mayor Jordan Kit Williams
City Attorney
THRU: Sondra Smith, City Clerk Jason R.Kelley
Assistant City Attorney
FROM: Kit Williams, City Attorney
DATE: October 19,2011
RE: Resolutions and Ordinances prepared by the City Attorney's Office and
passed at the City Council meeting of October 18,2011
1. Motion to Approve Settlement: A resolution approving a settlement
agreement with Patrick J. Tobin, Trustee of the Patrick J. Tobin Revocable Living
Trust U/D/T March 4, 1997, concerning condemnation litigation filed as part of the
Township Street Widening Project, in the total amount of$60,000.00.
2. Animal Services Donation Revenue: A resolution approving a budget
adjustment in the amount of $31,943.12 representing citizen donation revenue to
the Animal Services Division for the first, second and third quarters of 2011.
3. Botanical Garden of the Ozarks: A resolution approving a participation
and unsecured Loan Agreement with the Botanical Garden of the Ozarks to install
ten LED lights and poles in the amount of $34,911.38 as part of the City of
Fayetteville Community Revolving Loan Fund for Energy Efficiency.
4. Bid #10-36 Premier Lighting Group: A resolution authorizing purchase of
ten additional LED fixtures and poles in the amount of$19,042.28 pursuant to Bid
#10-36, from Premier Lighting Group for installation at the Botanical Garden of
the Ozarks as part of the Community Revolving Loan Fund for Energy Efficiency.
5. ADM 11-3943 Belclaire Subdivision Amendment to Bill of Assurance:
An ordinance to amend Section 3 of Ordinance No. 4605 to amend the Bill of
Assurance to reduce the minimum house size from 2,400 square feet to 2.000
square feet.
6. NWA Entertainment, LLC: An ordinance waiving competitive bidding
and approving a cost-share agreement with NWA Entertainment, LLC in the
amount of $75,255.00 for water line design and construction for the Arkansas
Music Pavilion.
Aldermen
Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray
7ayve e�l e Ward 1 Position 2—Brenda Boudreaux
City Attorney Kit Williams Ward 2 Position 1 —Mark Kinwn
Ward 2 Position 2—Matthew Petty
City Clerk Sondra Smith Ward 3 Position l—Justin Tennant
ARKANSAS Ward 3 Position 2—Robert Ferrell
Ward 4 Position 1 —Rhonda Adams
Ward 4 Position 2—Sarah E.Lewis
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
October 18, 2011
A meeting of the Fayetteville City Council will be held on October 18, 2011 at 6:00 PM in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
City Council Meeting Presentations, Reports and Discussion Items:
1. America in Bloom Awards
Agenda Additions:
A. Consent:
1. Approval of the October 4, 2011 City Council meeting minutes.
2. Animal Services Division Donation Revenue: A resolution approving a budget
adjustment in the amount of $31,943.12 representing citizen donation revenue to the
Animal Services Division for the first, second and third quarters of 2011.
3. Botanical Garden of the Ozarks: A resolution approving a participation and unsecured
loan agreement with the Botanical Garden of the Ozarks to install ten (10) LED lights
and poles in the amount of $34,911.38 as part of the City of Fayetteville Community
Revolving Loan Fund for Energy Efficiency.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
4. Bid #10-36 Premier Lighting Group: A resolution authorizing purchase of ten (10)
additional LED fixtures and poles in the amount of $19,042.28 pursuant to Bid #10-36,
from Premier Lighting Group for installation at the Botanical Garden of the Ozarks as
part of the Community Revolving Loan Fund for Energy Efficiency Program.
B. Unfinished Business:
1. RZN 11-3892 (Fayette Junction Master Plan): An ordinance rezoning that property
described in rezoning petition RZN 11-3892, for select properties located within the
Fayette Junction Master Plan area totaling approximately 225 acres. This ordinance was
left on the Second Reading at the October 4, 2077 City Council meeting.
Left on the Second Reading
2. RZN 11-3916 (Holcomb Heights PZD/TTO LLC: An ordinance rezoning that
property described in rezoning petition RZN 11-3916, for approximately 19.24 acres,
located at the southwest corner of Salem and Weir Road from R-PZD, Residential
Planned Zoning District (06-2281 Holcomb Heights I and 07-2613 Holcomb Heights II),
to RSF-8, Residential Single-Family, 8 units per acre. This ordinance was left on the
Second Reading at the October 4, 2011 C Council meeting.
Left on the Second Reading
3. ADM 11-3943 Belclaire Subdivision-Amendment to Bill of Assurance): An
ordinance to amend Section 3 of Ordinance No. 4605 to amend the Bill of Assurance to
reduce the minimum house size from 2,400 square feet to 2,000 square feet. This
ordinance was left on the Second Reading at the October 4, 2011 City Council meeting.
Left on the Second Reading
C. New Business:
1. VAC 11-3931 (510 W. 11`h St. & 989 S. School Ave./Campus Crest): An ordinance
approving VAC 11-3931 submitted by Morrison Shipley Engineers, Inc. for property
located at 510 West 11`h Street and 989 South School Avenue to vacate unconstructed
street right-of-way.
2. VAC 11-3940 (Summit Place Subdivision): An ordinance approving VAC 11-3940
submitted by Coover Consultants for property located in the Summit Place Subdivision to
vacate a portion of a utility easement throughout the subdivision.
3. ADM 11-3934 (Amend UDC Chapters 164.12 and 164.13): An ordinance amending
the Unified Development Code of the City of Fayetteville related to Nonconforming Uses
and Structures and Non Residential Uses in R Districts.
4. NWA Entertainment, LLC: An ordinance waiving competitive bidding and approving
a cost-share agreement with NWA Entertainment, LLC in the amount of$75,255.00 for
water line design and construction for the Arkansas Music Pavilion.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
City Council Tour:
Announcements:
Adjournment:
NOTICE TO MEMBERS OF THE AUDIENCE
All interested parties may appear and be heard before the City Council. If you wish to address
the City Council on an agenda item please queue behind the podium when the Chair asks for
public comment. Once the chair recognizes you, go to the podium and give your name and
address. Address your comments to the Chair, who is the presiding officer. The Chair will
direct your comments to the appropriate elected official, staff member or others for response.
Please keep your comments brief, to the point and relevant to the agenda item being
considered so that everyone has a chance to speak.
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.
As a courtesy please turn off all cell phones and pagers.
A copy of the City Council agenda is available at accessfayetteville.org or in the office of the
City Clerk, 113 West Mountain, Fayetteville,Arkansas.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
A.3
Botanical Garden of the Ozarks
Page 1 of 4
COMMUNITY REVOLVING LOAN FUND FOR ENERGY EFFICIENCY
PARTICIPATION AND UNSECURED LOAN AGREEMENT
THIS AGREEMENT, made and entered this XC?4L day of
. �tc.mbelr 201 by and between the City of
Fayetteville, Arkansas, an Arkansas municipal corporation with
its principal offices at 113 W. Mountain Street, Fayetteville,
Arkansas 72701 ( "City" ) , and .a4ir��
an Arkansas (corporation/limited liabilit`� compan with its
principal offices at `} s� N-r (�xu> �J�� 1t�1 r��w 16—, 7z7�`f
( "Borrower") , herein collectively referred to as a "parties" .
IN CONSIDERATION OF THE MUTUAL OBLIGATIONS AND COVENANTS
CONTAINED HEREIN, AND OTHER GOOD AND VALUABLE CONSIDERATION, THE
PARTIES HEREBY AGREE AS FOLLOWS:
1 . Borrower agrees to participate in the City' s Community
Revolving Loan Fund for Energy Efficiency ( "fund" ) for the
provision of e ergy efficiency upgra es to real estate located
at 4kk B�, =4 C2 G +--%A ,�{� F�� Oxcr-h ( "property" ) pursuant
to its approved application and description of work which are
incorporated into this Agreement as Exhibit 1 .
2 . Borrower covenants that it is financially sound, and
has not, within the past ten (10) years, filed for bankruptcy
protection under Title 11 of the United States Code, and has no
plans to do so.
3 . Borrower agrees that the provision of energy
efficiency upgrades to the property by the City is made pursuant
a fund program established by the City and funded by a federal
grant . Usage of said fund is governed by local, state and
federal law and regulations, as well as conditions in the City' s
grant agreement with the federal government . Borrower agrees
that it will, in all ways, comply with any and all requirements
imposed as a condition of the grant, or as otherwise required by
law.
4 . Borrower agrees to pay to the City the costs incurred
by the City for energy efficiency upgrades to the property, and
further agrees to execute a promissory note, payable to the City
of Fayetteville, upon completion of the work, in the full amount
of the costs of the upgrades performed on the property.
5 . City agrees to procure and effectuate energy
efficiency upgrades for the property pursuant to the approved
application and description of work incorporated as Exhibit 1,
1
A.3
Botanical Garden of the Ozarks
Page 2 of 4
and agrees to accept a promissory note from Borrower in an
amount equal to the cost of all energy efficiency improvements
performed by the City and/or its contractors or agents on the
property.
6 . Default. The occurrence of any of the following shall
constitute default under this Agreement :
(a) Borrower' s failure to pay the City the costs
incurred by the City for energy efficiency
upgrades to the property;
(b) Borrower' s failure to execute a promissory
note payable to the City in the total amount
of the cost of the energy efficiency
upgrades to the property;
(c) Borrower' s failure to observe, perform, or
comply with any non-monetary conditions or
covenants of this Agreement, including
failure to abide by applicable local, state
or federal law, or applicable federal grant
requirements of the City, or any other
condition of the fund;
(d) Any change in the status of the Borrower as
an Arkansas corporation or limited liability
company authorized to do business in the
State of Arkansas;
(e) Borrower' s failure to pay any debt when due
or Borrower' s filing for bankruptcy
protection under Title 11, United States
Code.
(f) Any sale, pledge, assignment, transfer or
hypothecation of the property in any manner
without the City' s prior written consent;
(g) Borrower' s failure to comply with any
requirement relating to its corporate status
or qualification; and
(h) Borrower' s failure to comply with any
condition, requirement or purpose of the
City' s fund, as created and authorized
pursuant to federal grant funding provided
pursuant to the American Recovery and
Reinvestment Act of 2009 and applicable
federal regulations .
7 . This Agreement represents the entire agreement between
the parties with respect to the subject matter hereof and
supersedes all prior oral and written agreements .
2
A.3
Botanical Garden of the Ozarks
Page 3 of 4
8 . This Agreement and all other documents, including the
promissory note to be executed by Borrower, shall be governed by
the laws of the State of Arkansas . No change, modification or
waiver of any provision thereof shall be valid unless in
writing, and signed by the party to be charged. The parties
hereby agree that the forum for any and all legal disputes
arising regarding this Agreement shall be in the Circuit Court
of Washington County, Arkansas, with Arkansas law to apply.
9 . Indemnification. Borrower shall indemnify City and
its officers, employees, and agents and defend and hold each
harmless from and against all claims, injury, damage, loss and
liability, cost and expense (including attorneys, fees, costs,
and expenses) of any and every kind to any persons or property
by reason of (i) the work procured by this Agreement or the
operation or maintenance of the property, (ii) any construction
on or about the property, (iii) any environmental matters or
hazardous materials located on or about the property, (iv) any
Default, as defined herein, or (v) any other matter arising in
connection with the loan, Borrower, the property or the work
procured by this Agreement as a whole.
10 . Insurance. Borrower shall at all times maintain
liability insurance on the property.
11 . All notices, requests, demands, consents, waivers and
other communications given under any of the provisions of this
Agreement shall be in writing and shall be delivered by first-
class U. S . Mail, addressed as stated below or to such other
address as the addressee may have specified in a notice duly
given to the other addresses.
To City: City of Fayetteville
Office of Mayor
113 W. Mountain
Fayetteville, ARS 72701 y
Qb, Cp7C, CKJ—
To Borrower: 'A
to gerA It412�7
vij ems,, IIS 4�2 -2zy�3
12 . Severability. If any provision of this Agreement
shall, for any reason, be held to be illegal, invalid or
unenforceable, such illegality, invalidity or unenforceability
3
A.3
Botanical Garden of the Ozarks
Page 4 of 4
shall not affect any other provision of the Agreement, the
Agreement shall be construed as if such illegal, invalid or
unenforceable provision had never been contained herein.
13 . No delay or failure on the part of the City in
exercising any rights under this Agreement, or the promissory
note to be executed pursuant hereto, and no partial or single
exercise thereof, shall constitute a waiver of such rights or of
any other rights under the Agreement or promissory note.
14 . Freedom of Information Act . City contracts and
documents prepared while performing city contractual work are
subject to the Arkansas Freedom of Information Act. If a
Freedom of Information Act request is presented to the City,
Borrower will do everything possible to provide the documents in
a prompt and timely manner as prescribed in the Arkansas Freedom
of Information Act (Ark. Code Ann. § 25-19-101, et seq. ) . Only
legally authorized photo copying costs pursuant to the FOIA may
be assessed for this compliance.
IN WITNESS WHEREOF, each party hereto has caused this
Agreement to be executed by its duly-authorized representative
as of the day and year first above written.
CITY OF FAYETTEVILLE, ARKANSAS,
An Arkansas Municipal Corporation
By:
Mayor
Attest :
City Clerk/Treasurer
An Arkansas corp��o-orati n11/limited liability company
By:� CA*
Name
Authorized Agent
4
C.4
NWA Entertainment,LLC
Page 1 of 2
CONTRACTUAL AGREEMENT
This Agreement, made and entered into this by and between the City
of Fayetteville, Arkansas and NWA Entertainment, LLC, Witnesseth:
WHEREAS,NWA Entertainment, LLC,will be hiring an engineer for the design and a
contractor for the construction of the Arkansas Music Pavilion at the southwest corner of the
Northwest Arkansas Mall property; and
WHEREAS,there is an existing 8"water line on the west side of this site that connects
to the 8"main along Steele Blvd. The developer will be extending this 8"main through the
project site to provide service and fire protection to the Arkansas Music Pavilion development;
and
WHEREAS,there is an existing system of water mains that serves the businesses on
Mall Avenue, Steele Boulevard, and other businesses in the area. One such main ends
approximately 850 feet east of the Arkansas Music Pavilion development; another main ends
approximately 115 feet west of the proposed Arkansas Music Pavilion water main extension.
This entire network of mains create numerous dead ends; and
WHEREAS, it will benefit the City of Fayetteville to extend this 8"water main to
connect to the existing mains west and east of the development at the same time, designed by the
same engineer and installed by the same contractor. These extensions will create a loop in this
area and prevent numerous businesses, including the Mall, from having the water shut off in case
of a water main break, and will improve the long term water quality of service in the area.
NOW, THEREFORE,the City of Fayetteville and NWA Entertainment, LLC agree as
follows:
1. Upon the City Council and/or the Mayor approving the Water Main Cost-Share,
the City of Fayetteville agrees to:
A. Pay for 50% of the actual documented construction costs &engineering
costs for the 8"water main loop proposed with this development.
B. Pay a maximum-not-to-exceed cost of$75,255.00 for the afore mentioned
water main construction as was provided by NWA Entertainment, LLC
engineer and made a part of this agreement.
C. Reconsider the costs if the future and actual construction& engineering
prices exceed the maximum-not-to-exceed amount that was furnished by
NWA Entertainment,LLC. The contractual agreement shall be required to
be reevaluated and re-approved by the Mayor and/or City Council as
appropriate prior to proceeding with construction.
C.4
NWA Entertainment,LLC
Page 2 of 2
D. Make all efforts to provide payment to NWA Entertainment, LLC within
thirty (30) days after receipt of the invoice(s) but cannot guarantee the
thirty day schedule.
2. NWA Entertainment, LLC agrees to:
A. Provide the necessary and normal project management, inspection, and
testing as necessary for a complete and acceptable water main installation.
B. Provide a copy of the invoice(s) from the Contractor and a completed lien
waiver executed by the Contractor upon acceptance of the water main
installation.
C. Not proceed with the proposed construction unless/until the proposed
contractual agreement is approved by the City Council and/or the Mayor.
3. It is further understood that the contract for construction is between NWA
Entertainment, LLC and his Contractor and that the City has no contractual
obligation with either the Contractor or the Engineer. The City's only obligation
shall be to participate in a contractual agreement with a not-to-exceed amount of
$75,255.00 for the water main installation.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE,WE
SIGN BELOW:
CITY OF FAYETTEVILLE NWA Entertammen LLC
By: By
LIONELD JORDAN, Mayor
City Council Meeting Minutes
October 4,2011
Page 1 of 12
Aldermen
Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray
7ayve e�l e Ward 1 Position 2—Brenda Boudreaux
City Attorney Kit Williams Ward 2 Position 1 —Mark Kinwn
Ward 2 Position 2—Matthew Petty
City Clerk Sondra Smith Ward 3 Position l—Justin Tennant
ARKANSAS Ward 3 Position 2—Robert Ferrell
Ward 4 Position 1 —Rhonda Adams
Ward 4 Position 2—Sarah E.Lewis
City of Fayetteville Arkansas
City Council Meeting Minutes
October 4, 2011
A meeting of the Fayetteville City Council was held on October 4, 2011 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 Gray, Boudreaux, Kinion, Petty, Tennant, Ferrell, Adams, Lewis,
Mayor Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and
Audience.
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
Mayor Jordan read a proclamation announcing Aviation Day in Fayetteville and presented the
proclamation to Ray Boudreaux, Airport Director.
Ray Boudreaux introduced members of the Airport Board.
Alderman Adams: I think it is wonderful that the Airport is allowing events to be held there.
Mayor Jordan welcomed the Spring International Students from the University of Arkansas and
asked that they stand and be recognized.
City Council Meeting Presentations, Reports and Discussion Items: None
Agenda Additions:
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City Council Meeting Minutes
October 4,2011
Page 2 of 12
JWC Environmental (Channel Monster Grinder): An ordinance waiving competitive
bidding and approving an agreement with JWC Environmental in the amount of$28,472.37 for
repair of a channel monster grinder.
Alderman Petty moved to amend the agenda and add JWC Environmental (Channel
Monster Grinder). Alderman Adams seconded the motion. Upon roll call the motion
passed 7-0. Alderman Ferrell was absent during the vote.
City Attorney Kit Williams read the ordinance.
Lynn Hyke, Construction and Contract Manager gave a brief description of the equipment. He
states the grinder prevents blockages and overflows.
Mayor Jordan apologized to the Council for the late notice.
Alderman Lewis read a list of things that the grinder chews up. We have to pay to chew up this
stuff so that it doesn't get into the pumps.
Lynn Hyke: That is correct.
Alderman Ferrell questioned how some of the items listed were able to get into the sewer.
Lynn Hyke: People dump things into the manholes.
Alderman Ferrell: There are prevent screens aren't there?
Lynn Hyke: There is a prevent screen in front of it.
Alderman Boudreaux moved to suspend the rules and go to the second reading. Alderman
Lewis seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Gray moved to suspend the rules and go to the third and final reading.
Alderman Tennant seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
A discussion followed on the dollar amount of the equipment.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5443 as Recorded in the office of the City Clerk
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City Council Meeting Minutes
October 4,2011
Page 3 of 12
Consent:
Approval of the September 20, 2011 City Council meeting minutes.
Approved
2011 Justice Assistance Grant (JAG): A resolution approving acceptance of a 2011 Justice
Assistance Grant through the U.S. Department of Justice in coordination with other Washington
County law enforcement agencies and approving a budget adjustment in the amount of
$88,866.00.
Resolution 172-11 as recorded in the office of the City Clerk.
Internal Revenue Service (IRS) Task Force: A resolution approving a budget adjustment in
the amount of$41,405.00 to recognize revenue and expenses related to city participation in the
local Internal Revenue Service (IRS) Task Force for the fiscal years of 2010-2011 and 2011-
2012.
Resolution 173-11 as recorded in the office of the City Clerk.
Bid #11-49 Second Nature Property Management, LLC: A resolution awarding Bid #11-49
and approving a contract with Second Nature Property Management, LLC in the amount of
$151,371.34 for the construction of a modular block retaining wall near the Garland Avenue U
of A Farm Trail tunnel, and approving a twenty percent (20%)project contingency.
This resolution was removed from the Consent Agenda for discussion.
Bid #11-54 Alarmtec Systems: A resolution awarding Bid#11-54 and approving a contract and
change order with Alarmtec Systems in the total amount of $166,500.00 for construction of
security improvements at Drake Field.
Resolution 175-11 as recorded in the office of the City Clerk.
Bid #11-55 All Around Landscaping, Inc.: A resolution awarding Bid #11-55 and approving a
contract with All Around Landscaping, Inc. in the amount of $66,704.00 from the tree escrow
fund for the purchase and planting of trees, and approving a ten percent (10%) project
contingency.
Resolution 176-11 as recorded in the office of the City Clerk.
Police Department Policies: A resolution approving Fayetteville Police Department Policies
25.1 Grievance Procedures, 35.1 Performance Evaluation, and 61.4.3 Towed Vehicles.
Resolution 177-11 as recorded in the office of the City Clerk.
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City Council Meeting Minutes
October 4,2011
Page 4 of 12
Washington Regional Medical Center Real Estate Conveyance Agreement: A resolution to
approve the Real Estate Conveyance Agreement with Washington Regional Medical Center.
Resolution 178-11 as recorded in the office of the City Clerk.
Alderman Tennant moved to approve the Consent Agenda as read with Bid #11-49 Second
Nature Property Management, LLC removed for discussion. Alderman Adams seconded
the motion. Upon roll call the motion passed unanimously.
The following resolution was removed from the Consent Agenda for discussion:
Bid #11-49 Second Nature Property Management, LLC: A resolution awarding Bid #11-49
and approving a contract with Second Nature Property Management, LLC in the amount of
$151,371.34 for the construction of a modular block retaining wall near the Garland Avenue U
of A Farm Trail tunnel, and approving a twenty percent (20%)project contingency.
Chris Brown, City Engineer gave a brief description of the resolution and stated the dollar
amount needed to be changed.
Alderman Boudreaux moved to amend the dollar amount of the resolution to $138,555.00.
Alderman Lewis seconded the motion. Upon roll call the motion passed unanimously.
Alderman Boudreaux moved to approve the resolution. Alderman Gray seconded the
motion. Upon roll call the resolution passed unanimously.
Resolution 174-11 as recorded in the office of the City Clerk.
Unfinished Business:
Revised Ward Boundaries: An ordinance to approve revised Ward Boundaries to equalize ward
populations after the 2010 Federal Census and to amend §32.03 of the Fayetteville Code. This
ordinance was left on the Second Reading at the September 20, 2011 City Council meeting.
Alderman Gray moved to suspend the rules and go to the third and final reading.
Alderman Tennant seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Boudreaux expressed her concerns about changing the effective date to July 1, 2011.
City Attorney Kit Williams: The amendment to change the effective date was discussed but it
was not made.
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City Council Meeting Minutes
October 4,2011
Page 5 of 12
Alderman Lewis: The request was to look at changing the date and discuss if it made sense to
align it with other deadlines that are related with the election.
Alderman Ferrell: Anyone that would go to the trouble to run would study and know where the
wards are.
Alderman Lewis: I like the idea of aligning it with when everyone will be thinking of the new
ward map and it would officially begin when people are allowed to run which is after July 1.
A discussion followed on when the first day to file for the election would be.
Alderman Lewis: I would propose we make this effective by the filing deadline.
A discussion followed on when signatures can be obtained on the paperwork that is required to
run for election.
Alderman Lewis stated there was a perception at the last Ward 4 meeting that they would not be
a part of Ward 4. Can you talk about how the boundaries were decided on the southern part of
Ward 4?
John Goddard, GIS Coordinator explained the process that was used to determine the ward
boundaries on the new proposed map. When we re-district our goal is to balance the population
in the wards and at the same time try to keep the precincts in tack as much as possible.
A discussion followed on the map.
Alderman Lewis: This method is a strategic, scientific, neutral and methodical way of doing
this so that you don't get into politics and picking and choosing who is where. GIS software is a
great tool for doing this kind of thing. Anyone in the whole city can come to the Ward 4
meetings. You do not have to live in Ward 4 to come to the meetings.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5444 as Recorded in the office of the City Clerk
RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights): An ordinance rezoning that property
described in rezoning petition RZN 11-3866, for approximately 28.93 acres located at 2013 East
Mission Boulevard from R-PZD, Residential Planned Zoning District (R-PZD 06-2299 Ruskin
Heights), to CS, Community Services; NC, Neighborhood Conservation; and RSF-4, Residential
Single Family, 4 units/acre, subject to a Bill of Assurance. This ordinance was left on the
Second Reading at the September 20, 2011 City Council meeting.
Alderman Gray moved to suspend the rules and go to the third and final reading.
Alderman Tennant seconded the motion. Upon roll call the motion passed unanimously.
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City Council Meeting Minutes
October 4,2011
Page 6 of 12
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Development Services Director gave a brief description of the ordinance.
Fred Sherman,resident of 2134 East Camelot Place: I am not opposed to this development but I
ask that you do it in accordance with the Hillside Ordinance. I ask that you not allow street
parking in this development.
Don Conner, resident of 1686 Shadowridge Drive: I want to make sure that the hillside is
respected and that the forest is conserved. We would like to make sure that the City Council
does not change the Bill of Assurance later on.
Mayor Jordan: I don't think we can tie the hands of any future Councils.
City Attorney Kit Williams: This Council or any future Council can change this.
Don Conner: I just want to make sure, that as this is brought forward, they keep the flavor of
what happened here.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5445 as Recorded in the office of the City Clerk
New Business:
Arkansas State Highway (Crossover Road): A resolution authorizing payment of
$1,306,160.16 to the Arkansas State Highway and Transportation Department as the City's
portion of construction costs associated with the widening of State Highway 265 (Crossover
Road) from Mission Boulevard to Joyce Street, and approving a $200,000.00 contingency.
Chris Brown gave a brief description of the resolution.
Alderman Ferrell: This has been through the Street Committee and when we looked at the
potential savings we loved it.
Alderman Lewis: Is that a new strategy for the incentive for early completion. We are paying
half of that with the potential to save almost$1 million.
Chris Brown: The Highway Department has used the incentive on other projects. I am not sure
if they have used an incentive in the City before. They have never done one where we
participated in the project. They typically use it in high traffic areas that is where they can
justify paying that additional amount because there is a cost to the users for not being able to
have full access to the road.
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October 4,2011
Page 7 of 12
Alderman Gray moved to approve the resolution. Alderman Boudreaux seconded the
motion. Upon roll call the resolution passed unanimously.
Resolution 179-11 as recorded in the office of the City Clerk.
RZN 11-3892 (Fayette Junction Master Plan): An ordinance rezoning that property described
in rezoning petition RZN 11-3892, for select properties located within the Fayette Junction
Master Plan area totaling approximately 225 acres.
City Attorney Kit Williams read the ordinance.
Jeremy Pate gave a brief description of the ordinance.
Alderman Boudreaux: I was a little concerned that this might affect some of the neighborhoods
but it really doesn't. This makes perfectly good sense to me and I am very much in favor of
getting the hilltop and hillside rezoned out of the multi-family.
Alderman Adams: On the Treat property the problem was resolved right?
Jeremy Pate: Yes, there is a letter in your packet. We talked with them and everything was
resolved.
Alderman Adams: The process that you all used is to be commended and I appreciate that very
much.
Jeremy Pate: I would be remiss to not mention the Arkansas Research and Technology Park
and their support from the University of Arkansas on that campus. They are not within our
boundary but they certainly played a huge role in this plan.
Alderman Boudreaux moved to suspend the rules and go to the second reading. Alderman
Lewis seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Ferrell asked that this be left on the second reading.
This ordinance was left on the Second Reading.
RZN 11-3916 (Holcomb Heights PZD/TTO LLC: An ordinance rezoning that property
described in rezoning petition RZN 11-3916, for approximately 19.24 acres, located at the
southwest corner of Salem and Weir Road from R-PZD, Residential Planned Zoning District
(06-2281 Holcomb Heights I and 07-2613 Holcomb Heights II), to RSF-8, Residential Single-
Family, 8 units per acre.
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October 4,2011
Page 8 of 12
City Attorney Kit Williams read the ordinance.
Jeremy Pate gave a brief description of the ordinance. This property has changed hands. The
PZD's have expired. Planning Commission approved this 5-4.
Alderman Ferrell: Did you say what size the lots were at Salem Village?
Jeremy Pate: I believe some of those lots are about 40 to 45 foot wide and at the front they are
actually only about 35.
Alderman Ferrell: That is a nice area.
Alderman Adams: Some residents of Salem Meadows heard that this was going to be rezoned
and planned to be high-rise apartments. Has that been clarified?
Jeremy Pate: I was forwarded that information but this zoning district would not allow any type
of multi-family uses. It does allow a duplex by conditional use just like RSF-4 does but it is the
same exact type of land use pattern as RSF-4.
City Attorney Kit Williams: It did not appear at the Planning Commission meeting as a fear.
Alderman Lewis: People do not always understand what RSF-8 means and what that looks like.
Can you explain that?
Jeremy Pate briefly explained the zoning classifications.
Justin Jorgensen with Jorgensen Associates gave a brief explanation of their goals for the
project. The reason for the RSF-8 request is to have the ability to do a 50 foot lot.
Alderman Lewis: There is an existing pond. Do you think that will stay?
Justin Jorgensen: On the concept plan we utilized that pond for that plan. That is a goal and it
would be a neat feature for the area.
Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman
Tennant seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Adams: We would like to hold this please.
This ordinance was left on the Second Reading.
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City Council Meeting Minutes
October 4,2011
Page 9 of 12
ADM 11-3943 Belclaire Subdivision-Amendment to Bill of Assurance): An ordinance to
amend Section 3 of Ordinance No. 4605 to amend the Bill of Assurance to reduce the minimum
house size from 2,400 square feet to 2,000 square feet.
City Attorney Kit Williams read the ordinance.
Jeremy Pate gave a brief description of the ordinance.
Jeff Roth with Roth Custom Homes and ADR Homes by Roth: We have had a fair amount of
demand for a smaller home.
Alderman Ferrell: Do the inhabitants out there seem to be all right with the change?
Jeff Roth: Everybody is great with it.
Alderman Ferrell: Understanding that times change I think this is a good day for this.
Alderman Lewis: It looks like there is an existing drainage area that runs out of there.
Jeff Roth: Right, there are actually a couple of them that runs through the Subdivision.
Alderman Lewis: Is that going to be part of your plan? The footprint is the same.
Jeff Roth: Absolutely, we are not going to change any of that. We will position the houses so
they fit on the lots.
Alderman Lewis: So the infrastructure is there with streets and everything?
Jeff Roth: Correct.
Alderman Petty: Have you laid out your plats and your properties in a way that has been built
with our plans for the street in mind.
Jeff Roth: The streets are already in and the subdivision is completely finished as far as utility,
streets, curb and guttering.
Jeremy Pate: The right of way for the subdivision was dedicated with the plat so we measure
all building setbacks off of that right of way. This is within the City so we have a lot more
control.
Alderman Petty: If you noticed a trend of perspective buyers and some of them wanting
smaller homes, why 2,000 square feet and not 1,800 square feet or less than that?
Jeff Roth: Our money is not made in small houses. We have a lot of the same fixed cost in a
2,000 square foot house as we have in a 2,400 square foot square foot home. A 2,000 square
foot home is at the bottom level of my comfort home.
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