HomeMy WebLinkAbout2016-07-05 - Agendas - Archive Alderman Adella Gray Alderman Justin Tennant
Ward 1 Position 1
— Ward 3 Position 1
Alderman Sarah Marsh Alderman Martin W. Schoppmeyer,Jr.
Ward 1 Position 2
Ward 3 Position 2
Alderman Mark Kinion Alderman John La Tour
Ward 2 Position 1
Ward 4 Position 1
Alderman Matthew Petty Alderman Alan T.Long
Ward 2 Position 2
Mayor Lioneld Jordan Ward 4 Position 2
City Attorney Kit Williams
City Clerk Sondra E.Smith
City of Fayetteville Arkansas
City Council Meeting
July 5, 2016
A meeting of the Fayetteville City Council was held on July 5,2016 at 5:30 p.m.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 June 21, 2016 City Council Meeting Minutes.
Approved
2. MCCLELLAND CONSULTING ENGINEERS, INC.: A resolution to approve a
contract with McClelland Consulting Engineers, Inc. in the amount of $93,000.00 for
surveying services associated with the Garden Park Apartments Water Line Project, The
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
Poplar Street/Easy Street Sewer Line Project, The Gregg Street/Fulbright Sewer Project,
and The Kitty Creek Sewer Line Project.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 128-16
3. BID # 16-35 CARNAHAN-WHITE OF ARKANSAS, LLC: A resolution to award
bid# 16-35 and approve a contract with Carnahan-White of Arkansas,LLC in the amount
of$49,983.00 for the construction of the Noland Wastewater Treatment Plant Effluent
Pond Security Fence Project, and to approve a project contingency in the amount of
$5,000.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 129-16
4. BID # 16-40 STEARMAN ROOFING AND SHEET METAL, LLC: A resolution to
award bid# 16-40 and approve a contract with Stearman Roofing & Sheet Metal, LLC in
the amount of$30,540.00 for the installation of a new roof for the Central Fire Station at
303 West Center Street.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 130-16
5. HAZMAT SERVICES REVENUE: A resolution to approve a budget adjustment
recognizing Hazmat Services revenue received by the fire department from Washington
County in the amount of$4,356.00 and increasing the related expense budget.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 131-16
6. BID # 16-41 STEVE LANDERS TOYOTA NWA: A resolution to award bid # 16-41
and authorize the purchase of two 2016 Toyota Tacoma's from Steve Landers Toyota
NWA of Rogers,Arkansas in the total amount of$42,800.00 for use by the water and sewer
operations division.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 132-16
7. GOVDEALS, INC.: A resolution to approve a contract with Govdeals, Inc. for online
auction services through June 22, 2017, and any future renewal periods, pursuant to a
National Joint Powers Alliance Cooperative Purchasing Agreement.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 133-16
8. ECONOMIC DEVELOPMENT CONTRACT FOR SERVICES - EXTENSION: A
resolution to approve an extension to the contract with the Fayetteville Chamber of
Commerce for Economic Development Consulting Services for up to three (3) months in
an amount not to exceed $41,250.00, and to approve a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 134-16
B. Unfinished Business:
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteviIIe-ar.gov
1. PROPOSALS FOR DEVELOPMENT OF SOUTH END OF WEST AVENUE
PARKING LOT : A resolution to clarify and extend the timeframe to solicit proposals for
development of the West Avenue Parking Lot and to consider parking neutral proposals
for sale of smaller parcels on southern end.
THIS RESOLUTION WAS TABLED TO THE AUGUST 2, 2016 CITY COUNCIL
MEETING.
2. C-PZD 16-5408 (WEDINGTON & MARINONI DR/CROSS CHURCH): An
ordinance to rezone lots 7, 8, 9 and 10 of the McMillan Estates Subdivision of the City of
Fayetteville encompassing approximately 16.2 acres located at McMillan Drive from C-2,
thoroughfare commercial and UT, urban thoroughfare to P-1, institutional subject to the
attached Bill of Assurances.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5889
C. New Business:
1. BID # 16-38 APAC-CENTRAL, INC.: A resolution to award bid# 16-38 and approve a
contract with APAC-Central, Inc. in the amount of$2,574,815.20 for the construction of
improvements to Old Wire Road from Mission Boulevard to Ash Street, to approve a
project contingency in the amount of$386,222.00, and to approve a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 135-16
2. VAC 16-5440 (2514 N. NEW SCHOOL PLACE/THE NEW SCHOOL): An
ordinance to approve VAC 16-5440 submitted by Jorgensen and Associates, Inc. for
property located at 2514 North New School Place to vacate portions of a utility easement.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5890
3. RZN 16-5438 (1094 DRAKE ST./PENDERGRAFT): An ordinance to rezone that
property described in rezoning petition RZN 16-5438 for approximately 185 acres located
at 1094 East Drake Street from R-O,residential office,R-A,residential agricultural and C-
2, commercial thoroughfare to UT, urban thoroughfare.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5891
4. RZN 16-5441 (NW CORNER OF MT. COMFORT & SALEM RD./GHAN-
COOPER): An ordinance to rezone that property described in rezoning petition RZN 16-
5441 for approximately 2.71 acres located at the Northwest corner of Mount Comfort and
Salem Road from R-A, residential agricultural to CS, community services.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5892
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteviIIe-ar.gov
5. RZN 16-5448 (2050 S. SCHOOL AVE./HARMON): An ordinance to rezone that
property described in rezoning petition RZN 16-5448 for approximately 8.08 acres located
at 2050 South School Avenue from RSF-4, residential single family, 4 units per acre and
C-2, commercial thoroughfare to CS, community services.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5893
6. CROSSLAND CONSTRUCTION COMPANY, INC. CHANGE ORDER NO. 12: A
resolution to approve Change Order No. 12 to the contract with Crossland Construction
Company, Inc. in the amount of $436,555.00 to add the construction of a parking lot,
sidewalk and associated road improvements at the Regional Park, to approve an additional
project contingency in the amount of$80,202.00, and to approve a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 136-16
City Council Agenda Session Presentations:
City Council Tour
Announcements
Adjournment: 7:10 p.m.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
City Council Meeting: July 5, 2016 Adjourn:
Subject: Roll
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City Council Meeting:
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Schoppmeyer
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Mayor Jordan
City Council Meeting:
Subject: PROPOSALS FOR DEVELOPMENT OF SOUTH END OF WEST AVENUE PARKING LOT
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Subject: C-PZD 16-5408 (WEDINGTON & MARINONI DR/CROSS CHURCH)
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Mayor Jordan
City Council Meeting:
Subject: BID # 16-38 APAC-CENTRAL, INC.
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Subject: VAC 16-5440 (2514 N. NEW SCHOOL PLACE/THE NEW SCHOOL)
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Subject: RZN 16-5438 (1094 DRAKE ST./PENDERGRAFT)
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City Council Meeting:
Subject: RZN 16-5448 (2050 S. SCHOOL AVE./HARMON)
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Seconded:
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Subject: CROSSLAND CONSTRUCTION COMPANY, INC. CHANGE ORDER NO. 12
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41
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY Kit Williams
City Attorney
Blake Pennington
TO: Mayor Jordan Assistant City Attorney
Patti Mulford
THRU: Sondra Smith, City Clerk Paralegal
FROM: Kit Williams, City Attorney
DATE: July 6,2016
RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed
at the City Council meeting of July 5,2016
1. A resolution to approve a contract with McClelland Consulting Engineers, Inc. in the
amount of $93,900.00 for surveying services associated with the Garden Park
Apartments water line project, the Poplar Street/Easy Street sewer line project, the
Gregg Street/Fulbright sewer project, and the Kitty Creek sewer line project.
2. A resolution to award bid # 16-35 and approve a contract with Carnahan-White of
Arkansas, LLC in the amount of $49,983.00 for the construction of the Noland
Wastewater Treatment Plant effluent pond security fence project, and to approve a
project contingency in the amount of$5,000.00.
3. A resolution to award bid # 16-40 and approve a contract with Stearman Roofing &
Sheet Metal, LLC in the amount of $30,540.00 for the installation of a new roof for the
Central Fire Station at 303 West Center Street.
4. A resolution to approve a budget adjustment recognizing hazmat services revenue
received by the Fire Department from Washington County in the amount of $4,356.00
and increasing the related expense budget.
5. A resolution to award bid # 16-41 and authorize the purchase of two 2016 Toyota
Tacomas from Steve Landers Toyota NWA of Rogers, Arkansas in the total amount of
$42,800.00 for use by the Water and Sewer Operations Division.
6. A resolution to approve a contract with Govdeals, Inc. for online auction services
through June 22, 2017, and any future renewal periods, pursuant to a National joint
Powers Alliance Cooperative Purchasing Agreement.
7. A resolution to approve an extension to the contract with the Fayetteville Chamber of
Commerce for economic development consulting services for up to three (3) months in
an amount not to exceed $41,250.00, and to approve a budget adjustment.
8. An ordinance to rezone lots 7, 8, 9 and 10 of the McMillan Estates Subdivision of the
City of Fayetteville encompassing approximately 16.2 acres located at McMillan Drive
from C-2, Thoroughfare Commercial and UT, Urban Thoroughfare to P-1, Institutional
subject to the attached bill of assurance.
9. A resolution to award bid # 16-38 and approve a contract with APAC-Central, Inc. in
the amount of $2,574,815.20 for the construction of improvements to Old Wire Road
from Mission Boulevard to Ash Street, to approve a project contingency in the amount
of$386,222.00, and to approve a budget adjustment.
10. An ordinance to approve VAC 16-5440 submitted by Jorgensen and Associates, Inc.
for property located at 2514 North New School Place to vacate portions of a utility
easement.
11. An ordinance to rezone that property described in rezoning petition RZN 16-5438
for approximately 185 acres located at 1094 East Drake Street from R-O, Residential
Office, R-A, Residential Agricultural and C-2, Commercial Thoroughfare to UT, Urban
Thoroughfare.
12. An ordinance to rezone that property described in rezoning petition RZN 16-5441
for approximately 2.71 acres located at the northwest corner of Mount Comfort and
Salem Road from R-A, Residential Agricultural to CS, Community Services.
13. An ordinance to rezone that property described in rezoning petition RZN 16-5448
for approximately 8.08 acres located at 2050 South School Avenue from RSF-4,
Residential Single Family, 4 Units Per Acre and C-2, Commercial Thoroughfare to CS,
Community Services.
14. A resolution to approve change order no. 12 to the contract with Crossland
Construction Company, Inc. in the amount of $436,555.00 to add the construction of a
parking lot, sidewalk and associated road improvements at the Regional Park, to
approve an additional project contingency in the amount of $80,202.00, and to approve
a budget adjustment.
2
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
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Meeting Agenda - Final Agenda
Tuesday, July 5, 2016
5:30 PM
City Hall Room 219
City Council Meeting
Adella Gray Ward I
Sarah Marsh Ward 1
Mark Kinion Ward 2
Matthew Petty Ward 2
Justin Tennant Ward 3
Martin W. Schoppmeyer,Jr. Ward 3
John S. La Tour Ward 4
Alan Long Ward 4
ELECTED OFFICIALS:
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Sondra Smith
City Council Meeting Meeting Agenda-Final Agenda July 5,2016
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:
A. 1 2015-0650
APPROVAL OF THE JUNE 21,2016 CITY COUNCIL MEETING MINUTES.
A. 2 2016-0303
MCCLELLAND CONSULTING ENGINEERS,INC.:
A RESOLUTION TO APPROVE A CONTRACT WITH MCCLELLAND CONSULTING
ENGINEERS, INC. IN THE AMOUNT OF $93,900.00 FOR SURVEYING SERVICES
ASSOCIATED WITH THE GARDEN PARK APARTMENTS WATER LINE PROJECT,
THE POPLAR STREET/EASY STREET SEWER LINE PROJECT, THE GREGG
STREET/FULBRIGHT SEWER PROJECT, AND THE KITTY CREEK SEWER LINE
PROJECT
Attachments: MCCLELLAND CONSULTING ENGINEERS,INC.
A. 3 2016-0279
BID# 16-35 CARNAHAN-WHITE OF ARKANSAS,LLC:
A RESOLUTION TO AWARD BID # 16-35 AND APPROVE A CONTRACT WITH
CARNAHAN-WHITE OF ARKANSAS, LLC IN THE AMOUNT OF $49,983.00 FOR THE
CONSTRUCTION OF THE NOLAND WASTEWATER TREATMENT PLANT
EFFLUENT POND SECURITY FENCE PROJECT, AND TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $5,000.00
Attachments: BID#16-35 CARNAHAN-WHITE OF ARKANSAS,LLC
City of Fayetteville,Arkansas Page 2 Printed on 6/30/2016
City Council Meeting Meeting Agenda-Final Agenda July 5,2016
A. 4 2016-0295
BID# 16-40 STEARMAN ROOFING AND SHEET METAL,LLC:
A RESOLUTION TO AWARD BID # 16-40 AND APPROVE A CONTRACT WITH
STEARMAN ROOFING & SHEET METAL, LLC IN THE AMOUNT OF $30,540.00 FOR
THE INSTALLATION OF A NEW ROOF FOR THE CENTRAL FIRE STATION AT 303
WEST CENTER STREET
Attachments: BID#16-40 STEARMAN ROODING AND SHEET METAL,LLC
A. 5 2016-0304
HAZMAT SERVICES REVENUE:
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT RECOGNIZING HAZMAT
SERVICES REVENUE RECEIVED BY THE FIRE DEPARTMENT FROM
WASHINGTON COUNTY IN THE AMOUNT OF $4,356.00 AND INCREASING THE
RELATED EXPENSE BUDGET
Attachments: HAZMAT SERVICES REVENUE
BA HAZMAT SERVICES REVENUE
A. 6 2016-0301
BID# 16-41 STEVE LANDERS TOYOTA NWA:
A RESOLUTION TO AWARD BID # 16-41 AND AUTHORIZE THE PURCHASE OF
TWO 2016 TOYOTA TACOMAS FROM STEVE LANDERS TOYOTA NWA OF
ROGERS, ARKANSAS IN THE TOTAL AMOUNT OF $42,800.00 FOR USE BY THE
WATER AND SEWER OPERATIONS DIVISION
Attachments: BID#16-41 STEVE LANDERS TOYOTA NWA
A. 7 2016-0310
GOVDEALS,INC.:
A RESOLUTION TO APPROVE A CONTRACT WITH GOVDEALS, INC. FOR ONLINE
AUCTION SERVICES THROUGH JUNE 22, 2017, AND ANY FUTURE RENEWAL
PERIODS, PURSUANT TO A NATIONAL JOINT POWERS ALLIANCE COOPERATIVE
PURCHASING AGREEMENT
Attachments: GOVDEALS,INC.
City of Fayetteville,Arkansas Page 3 Printed on 6/30/2016
City Council Meeting Meeting Agenda-Final Agenda July 5,2016
A. 8 2016-0298
ECONOMIC DEVELOPMENT CONTRACT FOR SERVICES-EXTENSION:
A RESOLUTION TO APPROVE AN EXTENSION TO THE CONTRACT WITH THE
FAYETTEVILLE CHAMBER OF COMMERCE FOR ECONOMIC DEVELOPMENT
CONSULTING SERVICES FOR UP TO THREE (3) MONTHS IN AN AMOUNT NOT TO
EXCEED $41,250.00,AND TO APPROVE A BUDGET ADJUSTMENT
Attachments: ECONOMIC DEVELOPMENT CONTRACT FOR SERVICES-EXTENSION
BA ECONOMIC DEVELOPMENT CONTRACT FOR SERVICES-EXTENSION
B. Unfinished Business:
B. 1 2016-0294
PROPOSALS FOR DEVELOPMENT OF SOUTH END OF WEST AVENUE
PARKING LOT:
A RESOLUTION TO CLARIFY AND EXTEND THE TIMEFRAME TO SOLICIT
PROPOSALS FOR DEVELOPMENT OF THE WEST AVENUE PARKING LOT AND TO
CONSIDER PARKING NEUTRAL PROPOSALS FOR SALE OF SMALLER PARCELS
ON SOUTHERN END
Attachments: Alderman Petty-West Avenue Parking Lot Resolution
Exhibit A-Proposal
ADDITIONAL: PROPOSALS FOR DEVELOPMENT OF SOUTH END OF WEST A
This resolution was tabled at the June 21, 2016 City Council Meeting to the July 5, 2016 City Council
Meeting.
City of Fayetteville,Arkansas Page 4 Printed on 6/30/2016
City Council Meeting Meeting Agenda-Final Agenda July 5,2016
B. 2 2016-0225
C-PZD 16-5408 (WEDINGTON&MARINONI DR/CROSS CHURCH):
AN ORDINANCE TO REZONE LOTS 7, 8, 9 AND 10 OF THE MCMILLAN ESTATES
SUBDIVISION OF THE CITY OF FAYETTEVILLE ENCOMPASSING
APPROXIMATELY 16.2 ACRES LOCATED AT MCMILLAN DRIVE FROM C-2,
THOROUGHFARE COMMERCIAL AND UT, URBAN THOROUGHFARE TO P-1,
INSTITUTIONAL SUBJECT TO THE ATTACHED BILL OF ASSURANCES
(LEFT ON FIRST READING)
Attachments: C-PZD 16-5408:(WEDINGTON&MARINONI DR/CROSS CHURCH)
Exhibit C-RZN 16-5408 Updated PZD Bookletl
Exhibit D-RZN 16-5408 Updated Master Plan Drawing
ADDITIONAL: C-PZD 16-5408 WEDINGTON&MARINONI DR CROSS CHURCI
This Ordinance was left of the first reading at the June 21, 2016 City Council Meeting.
C. New Business:
C. 1 2016-0302
BID# 16-38 APAC-CENTRAL,INC.:
A RESOLUTION TO AWARD BID # 16-38 AND APPROVE A CONTRACT WITH
APAC-CENTRAL, INC. IN THE AMOUNT OF $2,574,815.20 FOR THE
CONSTRUCTION OF IMPROVEMENTS TO OLD WIRE ROAD FROM MISSION
BOULEVARD TO ASH STREET, TO APPROVE A PROJECT CONTINGENCY IN THE
AMOUNT OF $386,222.00,AND TO APPROVE A BUDGET ADJUSTMENT
Attachments: BID#16-38 APAC-CENTRAL,INC.:
BA BID# 16-38 APAC-CENTRAL,INC.:
C. 2 2016-0306
VAC 16-5440(2514 N.NEW SCHOOL PLACE/THE NEW SCHOOL):
AN ORDINANCE TO APPROVE VAC 16-5440 SUBMITTED BY JORGENSEN AND
ASSOCIATES, INC. FOR PROPERTY LOCATED AT 2514 NORTH NEW SCHOOL
PLACE TO VACATE PORTIONS OF A UTILITY EASEMENT
Attachments: VAC 16-5440 (2514 N.NEW SCHOOL PLACE/THE NEW SCHOOL)
City of Fayetteville,Arkansas Page 5 Printed on 6/30/2016
City Council Meeting Meeting Agenda-Final Agenda July 5,2016
C. 3 2016-0308
RZN 16-5438(1094 DRAKE ST./PENDERGRAFT):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 16-5438 FOR APPROXIMATELY 185 ACRES LOCATED AT 1094
EAST DRAKE STREET FROM R-O, RESIDENTIAL OFFICE, R-A, RESIDENTIAL
AGRICULTURAL AND C-2, COMMERCIAL THOROUGHFARE TO UT, URBAN
THOROUGHFARE
Attachments: RZN 16-5438:(1094 Drake St./Pendergraft)
C. 4 2016-0307
RZN 16-5441 (NW CORNER OF MT. COMFORT& SALEM RD./GRAN-COOPER):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 16-5441 FOR APPROXIMATELY 2.71 ACRES LOCATED AT THE
NORTHWEST CORNER OF MOUNT COMFORT AND SALEM ROAD FROM R-A,
RESIDENTIAL AGRICULTURAL TO CS,COMMUNITY SERVICES
Attachments: RZN 16-5441 (NW CORNER OF MT.COMFORT&SALEM RD./GHAN-COOPER
C. 5 2016-0309
RZN 16-5448(2050 S. SCHOOL AVE./HARMON):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 16-5448 FOR APPROXIMATELY 8.08 ACRES LOCATED AT 2050
SOUTH SCHOOL AVENUE FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS
PER ACRE AND C-2, COMMERCIAL THOROUGHFARE TO CS, COMMUNITY
SERVICES
Attachments: RZN 16-5448:(2050 S.School Ave./Harmon)
City of Fayetteville,Arkansas Page 6 Printed on 6/30/2016
City Council Meeting Meeting Agenda-Final Agenda July 5,2016
C. 6 2016-0311
CROSSLAND CONSTRUCTION COMPANY,INC. CHANGE ORDER NO. 12:
A RESOLUTION TO APPROVE CHANGE ORDER NO. 12 TO THE CONTRACT WITH
CROSSLAND CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $436,555.00
TO ADD THE CONSTRUCTION OF A PARKING LOT, SIDEWALK AND ASSOCIATED
ROAD IMPROVEMENTS AT THE REGIONAL PARK, TO APPROVE AN ADDITIONAL
PROJECT CONTINGENCY IN THE AMOUNT OF $80,202.00, AND TO APPROVE A
BUDGET ADJUSTMENT
Attachments: CROSSLAND CONSTRUCTION COMPANY,INC.CHANGE ORDER NO. 12
BA CROSSLAND CONSTRUCTION COMPANY,INC.CHANGE ORDER NO. 12
ADDITIONAL: CROSSLAND CONSTRUCTION COMPANY,INC.CHANGE ORI
D. City Council Agenda Session Presentations:
E. City Council Tour:
F. Announcements:
G. Adjournment
NOTICE TO MEMBERS OF THE AUDIENCE
All interested persons may address the City Council on agenda items of New and Old Business. Please wait for
the Mayor to request public comment and then come to the podium, give your name, address, and comments
about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen
or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is
only allowed one turn at the microphone for discussion of an agenda item.
All cell phones must be silenced and may not be used within the City Council Chambers.
Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City
Council meetings:
Agenda additions: A new item which is requested to be added to the agenda at a City Council meeting should
only be considered if it requires immediate City Council consideration and if the normal agenda setting process
is not practical. The City Council may only place such new item on the City Council meeting's agenda by
suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda.
Consent Agenda: Consent Agenda items shall be read by the Mayor and voted upon as a group without
discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that
item shall be removed and considered immediately after the Consent Agenda has been voted upon.
City of Fayetteville,Arkansas Page 7 Printed on 6/30/2016
City Council Meeting Meeting Agenda-Final Agenda July 5,2016
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 479-575-8330.
A copy of the complete City Council agenda is available at www.fayetteville-ar.gov or in the office of the City
Clerk, 113 W.Mountain,Fayetteville,Arkansas.
City of Fayetteville,Arkansas Page 8 Printed on 6/30/2016
RECEIVED
JUN 2 9'2016
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
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")Cross Church,
Inc., 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 Petitioner's 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 reasonable rely upon all of the terms and conditions within this Bill of
Assurance in considering whether to approve Petitioner's rezoning request.
Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's
property shall be restricted as follows IF Petitioner's rezoning is approved by the
Fayetteville City Council..
1. The use of Petitioner's property shall be limited to Zoning District P-1
Institutional Uses,primarily church related uses.
2. The structure upon the property will be a single principal structure which
will initially be constructed substantially as shown on attached Exhibit A (the"Church
Building"). The Church Building will be used as a church, pre-school and other church
related activities. Petitioner reserves the right to expand the Church Building,including
the expansion(s) as shown on attached Exhibit A, and further reserves the right to
construct ancillary structures which are related to the mission of the church.
3. Specific activities will not be allowed upon Petitioner's property include
4. (Any other terms or conditions):
5. Petitioner specifically agrees that all such restrictions and -terms shall ran
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 Petitions property.
IN WITNASS WHEREOF and in agreement with all the terms and conditions
stated above, I, Q.W C s the owner, developer
or buyer(Petitioner)voluntardy oder all such assurances and sign my name below.
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Date Printed Name
1-70 VO�NSea
Address
U Signature
NOTARY OATH
STATE OF ARKANSAS }
COUNTY OF WASHINGTON }
Ancl now on this the S7\' day of 2016, appeared before me,
r� Notary Public, and after being placed upon his/her oath
swore or affirmed that he/s ie agreed with the germs of the above Bill of Assurance and
signed his/her name above.
6TPNUBLIC
My Commission Expires:
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WASHINGTON COUNTY
WMYPUSUC-ARKANSAS
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City Council Meeting Minutes
June 21,2016
Page 1 of 22
Alderman Adella Gray Alderman Justin Tennant
Ward 1 Position 1
Ward 3 Position 1
Alderman Sarah Marsh Alderman Martin W. Schoppmeyer,Jr.
Ward 1 Position 2
Ward 3 Position 2
Alderman Mark Kinion Alderman John La Tour
Ward 2 Position 1
Ward 4 Position 1
Alderman Matthew Petty A erman Alan T.Long
Ward 2 Position 2
Mayor Lioneld Jordan d 4 Position 2
City Attorney Kit Williams
City Clerk Sondra E.SmithBs
City of Fayetteville Arkansas 4,
City Council Meeting
June 21, 2016
A meeting of the Fayetteville City Council was held on June 21, 2016 at 5:30 p.m. in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Mayor Jordan called the meeting to order.
PRESENT: Alderman Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Justin
Tennant, Martin Schoppmeyer, John La Tour, Mayor Lioneld Jordan, City Attorney Kit
Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
Alderman Long was absent. N,N
Pledge of Allegiance`s
Mayor's Announcements, Proclamations and Recognitions: None
City Council Meeting Presentations, Reports, and Discussion Items:
International Institute of Municipal Clerks Certified Municipal Clerk Presentation and Arkansas
City Clerks, Recorders, and Treasurers Association Certified Arkansas Municipal Clerk
Presentation- Sherri Gard, Fort Smith City Clerk and ACCRTA President.
Sherri Gard, Fort Smith City Clerk and ACCRTA President: The reason for my visit is to
recognize one of your employees. We are so proud of Kim Johnson, Senior Clerk Codifier in the
City Clerk office. She has attained designations of Certified Municipal Clerk and Certified
Arkansas Municipal Clerk. It takes at least three years of education and training to attain those
designations. It is my honor to recognize Kim for the hard work and dedication to achieve this.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
June 21,2016
Page 2 of 22
Kim Johnson, Senior Clerk Codifier: Thank you very much.
Mayor Jordan: The Clerk's office does a wonderful job here. Thank you Sondra and Sherri.
Congratulations, Kim.
Consent:
Approval of the June 7, 2016 City Council Meeting Minutes.
Approved
CDBG Program Income: A resolution to approve a budget adjustment in the total amount of
$7,375.00 representing CDBG program income received from a housing program lien payoff plan,
energy efficiency rebates from SourceGas and donations from citizens and local businesses.
Resolution 123-16 as recorded in the office of the City Clerk
Assistance to Firefighters Grant (FEMA): A resolution to authorize the acceptance of a 90/10
Assistance to Firefighters Grant from the Federal Emergency Management Agency in the amount
of$613,637.00 for the purchase of a Mobile Training Simulator System for the Fire Department,
and to approve a budget adjustment to provide for matching funds in the amount of$61,363.00
and a project contingency in the amount of$27,000.00.
Resolution 124-16 as recorded in the office of the City Clerk
Federal and State Law Enforcement Forfeitures and a Refund: A resolution to approve a
budget adjustment in the total amount of$23,435.00 recognizing revenue associated with federal
and state law enforcement forfeitures and a refund from EOTech for defective rifle optics.
Resolution 125-16 as recorded in the office of the City Clerk
Fayetteville Police Department Donations: A resolution to approve a budget adjustment in the
total amount of$2,400.00 recognizing donation revenue to the Fayetteville Police Department in
support of officer recognition.
Resolution 126-16 as recorded in the office of the City Clerk
Gallagher Benefits Services: A resolution to approve the annual renewal contract with Gallagher
Benefits Services in the amount of$57,600.00 for the provision of city employee benefits broker
services.
Resolution 127-16 as recorded in the office of the City Clerk
Alderman Marsh moved to accept the Consent Agenda as read. Alderman Tennant
seconded the motion. Upon roll call the motion passed 7-0. Alderman Long was absent.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
June 21,2016
Page 3 of 22
Unfinished Business:
Amend §72.58 Off-Street Parking Facilities; Rules and Rates: An ordinance to amend §72.58
Off-Street Parking Facilities; Rules and Rates (M) to limit the Mayor's authority to assign any
city owned paid parking lots or on-street paid parking spaces within the Entertainment District or
the closure of city streets for the use of a permitted special event to not more than two (2) days per
year without express approval of the City Council.At the May 17, 2016 City Council Meeting this item
was moved to the June 21, 2016 meeting. Left on the Second Reading at the April 5, 2016 City Council
Meeting and Tabled until the May 17, 2016 City Council Meeting.At the March 1, 2016 City Council Meeting,
this ordinance was left on the second reading and. Tabled to April 5, 2016. This Ordinance was left on the
first reading at the February 16, 2016 City Council meeting.
City Attorney Kit Williams: The Ordinance Review Committee has met and they have a
recommend amendment.It has been submitted to all the City Council members. If it is satisfactory,
I would like to see a motion to amend.
Alderman Petty moved to amend to the version recommended by the Ordinance Review
Committee. Alderman Tennant seconded the motion. Upon roll call the motion passed 6-1.
Alderman Gray,Marsh,Kinion,Petty,Tennant and Schoppmeyer voting yes. Alderman La
Tour voting no. Alderman Long was absent.
City Attorney Kit Williams read the ordinance.`
Peter Nierengarten, Sustainability & Resilience Director gave a brief description of the
ordinance.
Alderman La Tour: I have reservations about this proposal. All of the notification provisions of
the proposal, I like. I like that people know what is going on in their neighborhood. I would not
even object to an appeals process, but by bringing it to the City Council,you open that process up
to some possible undesirable results. During the debate we were having at the Ordinance Review
Committee, somebody made the comment that this would give the people of Fayetteville the
opportunity to decide what really fits for Fayetteville. That can be a thinly disguised question of
do we like the promoter's politics or do we like the promoter at all. I don't want it to become a
political event. If we bring it before the City Council,it will be a political event. I feel better having
it in the Mayor's office. I trust Mayor Jordan and his staffs' ability to choose things that are good
enough for our city. I didn't see any big problems with the existing festivals and events that we
have. The Mayor's email and phone number are on the internet and you can contact him to talk
about any concerns.
Alderman Marsh: Members of the Council have been presented with a petition of over 800
signatures of citizens and stakeholders that do not feel the existing permitting process for large
scale events is adequate.We are attempting to provide additional screening and notification as part
of that process by putting the burden on the festival owners to go out and notify the community. It
also allows feedback whether the community is supportive or not of that event on the form. They
would submit that to a clerk's office and the City Council would have an opportunity to see if this
event is popular or unpopular. If we are finding it is an unpopular event, we have the opportunity
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
June 21,2016
Page 4 of 22
to come together as a community and figure out what we can do to make that event more palatable
to the people who are most directly affected by it in the downtown area. It is a good compromise
that puts the burden of notification on the event organizer. It gives an opportunity for the
community to weigh in and for the people's representatives to step in and call for additional
reviewer oversight. It is a good compromise that can help us better manage our festival policy.
Alderman Tennant: As Chairman of the Ordinance Review Committee, I wasn't convinced that
there was anything wrong with the current situation we had. Mayor Jordan does a really good job
with weighing the pros and the cons before he does the festivals. I don't have a problem with the
current situation.When I started thinking about the future,it made me compromise. At some point,
we will have another Mayor. If that Mayor doesn't like motorcycles or coffee, you never know
what is going to happen. This could at least give us another mechanism. It is important to keep the
appeal process quick, so it wouldn't be a big burden on the festival organizers.
Alderman Gray: I agree with Alderman Tennant. Thank you to Peter Nierengarten and our staff
who have worked so hard to come up with these rules and regulations. They are excellent. I will
be supporting the ordinance.
Alderman Marsh moved to suspend the rules and go to the third and final reading.
Alderman Tennant seconded the motion. Upon roll call the motion passed 6-2. Alderman
Gray, Marsh, Kinion, Petty, Tennant and Mayor Jordan voting yes. Alderman
Schoppmeyer and La Tour voting no. Alderman Long was absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan: I'm dealing with the 2010 Council direction. I have pretty much let you all decide
what you want to do on your own property. You are the landlords of the property and we manage
it the best that we can. If there is anything over eight hours, we will send you out a notification,
telling you that I've signed off on it, so we don't get any breakdowns in communication. I will tell
you I have signed off on a particular festival,that goes over eight hours, and then you've got seven
days to do whatever you think you need to do.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 5-2.
Alderman Gray, Marsh,Kinion,Petty and Tennant voting yes. Alderman Schoppmeyer and
La Tour voting no. Alderman Long was absent.
Ordinance 5881 as recorded in the office of the City Clerk
Falling Waters Appeal: An ordinance to rezone that property described in Rezoning Petition
RZN 16-5385 for approximately 35.31 acres on Dead Horse Mountain Road from R-A,Residential
Agriculture to RSF-2, Residential Single Family, 2 units per acre subject to a Bill of Assurance
limiting development to 51 homes. At the June 7, 2016 City Council Meeting this item was left on first
reading until the June 21, 2016 City Council Meeting. At the May 17, 2016 this item was left on the first
reading.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
June 21,2016
Page 5 of 22
Alderman Tennant moved to suspend the rules and go to the second reading. Alderman La
Tour seconded the motion. Upon roll call the motion passed 7-0. Alderman Long was absent.
City Attorney Kit Williams read the ordinance.
City Attorney Kit Williams: There are some additional limitations in the new Bill of Assurance
that was submitted to us today.
Jonathan Curth, Senior Planner: The new Bill of Assurance has a new section. In addition to
limiting the number of homes built on the site to 51, it now proposes to include two rain barrels
for any house being built and also the reasonable efforts to incorporate low impact development.
Robert Rhoads, Attorney Representing Buffington Homes stated that in the interest of time he
was going to have the engineer for the project give a presentation. He asked everyone in the
audience that was in support of the project to please stand. °#H <.
Tom Henley, Engineer for Crafton Tull gave a brief history and description of the project. He
spoke about water drainage and flooding in the area and how it will be addressed. He stated that
the developers are responsible and they do the right thing.
Alderman Marsh: What is the approximate square foot range of these homes?
Clay Carlton, Developer: We don't have the zoning yet. It is going to be 3,000 to 4,000 square
feet.
Alderman Marsh: If these are 3,000 to 4,000 square foot homes, how big are each of those rain
barrels going to have to be to handle the 1 year, 24-hour storm?
Tom Henley: The rain barrels won't be designed to handle the 1 year, 24-hour storm. This is why
we will be incorporating the rain gardens and bioswales.
Alderman Marsh: My house is about 825 square feet.I've got 2,000 gallons of rain water storage
on two outlets and that fills up regularly on a monthly basis. When I see something about
committing to doing rain barrels on large houses, it looks like there is not a good understanding of
the actual implications of this volume and quantity of water on this site. When I hear the phrase
light impact development, instead of low impact development, it makes me doubt that you have a
good understanding of what is going to be required.
Tom Henley: I assure you I have a good understanding of it.
Alderman Marsh: Are you a Structural Engineer?
Tom Henley: No, I am a Civil Engineer. I have worked with and continue to work with the city
for the past 20 years.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
June 21,2016
Page 6 of 22
Alderman La Tour: Did you ever intend the rain barrels to be the exclusive remedy for the runoff
problem?
Tom Henley: Absolutely not.
Tom Henley gave a brief description of additional remedies for water runoff that will be in
conjunction with the rain barrels.
Alderman La Tour: Thank you.
Alderman Kinion: It says that they will make reasonable efforts to incorporate low impact
development features. I don't know what the definition of reasonable is.
Tom Henley: We can't make a blanket commitment. There are areas on the site where you can't
use that type of low impact development. There is a significant ravine over on the western end of
the site.
Alderman Kinion: The velocity is what I'm most concerned about. I think this is a good plan,
but just the vagueness of it is where my concern is. It makes me feel that I can more likely support
this knowing the sensitive nature of the management of the runoff there right into an impaired
waterway. We need to manage the velocity. I'm looking for a better definition of what one might
find reasonable and practicable in order to make their decision.
Tom Henley: The intent is to give you some sort of assurance that we are making a good faith
effort to work with staff. We are dealing with a piece of property that is adjacent to a traditional
development. We can discharge water into a pipe and that pipe may not be able to handle what we
are throwing at it. We are required to not exceed what the capabilities of that drainage system is,
whether it is a pipe,ravine, or a creek on the golf course. We fully intend on coordinating with the
course manager to find out where the problem areas are and to do whatever we can. I know we are
speaking in vague terms, but this site has not had a preliminary drainage report done. I can't
commit to anything other than we will do everything we can to incorporate those where they make
sense and where they are practical.
Alderman Kinion: I'll certainly take that for the record. I still have to think about it. When we
worked on the revision of the low impact development stormwater drainage,we talked extensively
about this so that it could be incorporated if someone committed to it, to manage this type of flow.
It would be nice if you were committed to that.
Tom Henley: We are committed to incorporating low impact development features in this
development. To what level, I can't speak to that. There are so many other things that play into
that such as tree preservation, slopes and utility locations.
Alderman Kinion: Thank you.
Alderman Petty: I appreciate the Bill of Assurance. I take it on good faith you are going to do
what you say you are going to do. I have a request of staff. I realize that this is just zoning and
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov