HomeMy WebLinkAbout2016-07-19 - 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 19, 2016
A meeting of the Fayetteville City Council was held on July 19, 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.
1. Ozark Regional Transit Presentation.
Agenda Additions
A. Consent:
1. Approval of the July 5, 2016 City Council Meeting Minutes.
Approved
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
2. ALLISON ARCHITECTS, INC.: A resolution to approve a two-year contract with
Allison Architects,Inc. for professional architectural services for the Woolsey Homestead
Historic Restoration Project in the amount of$15,000.00 for phase one in 2016, and in
the amount of$35,000.00 for phase two in 2017, contingent upon approval of the 2017
annual city budget.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 137-16
3. 2016-2020 CONSOLIDATED PLAN, 2016 ACTION PLAN, AND CDBG
RECONCILIATION: A resolution to approve the 2016 Community Development
Block Grant (CDBG) action plan, to authorize the Mayor to execute the CDBG
agreement for 2016 when received in the amount of$619,098.00, to approve the 2016-
2020 five year consolidated CDBG plan,and to approve a budget adjustment contingent
upon receipt of the grant funds.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 138-16
4. ARKANSAS FIREWISE GRANT: A resolution to authorize acceptance of an Arkansas
Firewise Grant from the Arkansas Forestry Commission in the amount of$500.00 for use
by the fire department, and to approve a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 139-16
5. INNERPLAN, INC: A resolution to authorize the purchase of office furnishings from
Innerplan, Inc. D/B/A Innerplan Office Interiors in the amount of$64,491.62,pursuant to
a state procurement contract, for the recycling and trash collection.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 140-16
B. Unfinished Business: None
C. New Business:
1. RZN 16-5442 (2514 W. LORI RD. /RAZORBACK GOLF COURSE): An ordinance
to rezone that property described in rezoning petition RZN 16-5442 for approximately
99.10 acres located at 2514 West Lori Road from R-A, residential agricultural; RSF-1,
residential single family, one unit per acre and RSF-4,residential single family,4 units per
acre to NC, neighborhood conservation; R-A, residential agricultural and NS,
neighborhood services.
THIS ORDINANCE WAS LEFT ON THE FIRST READING
D. City Council Agenda Session Presentations:
1. Agenda session presentation - 2016 1st and 2nd quarter economic development reports,
Chung Tan.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteviIIe-ar.gov
City Council Tour
Announcements
Adjournment: 6:31 p.m.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
City Council Meeting: July 19, 2013 Adjourn:
Subject: Roll
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Petty
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Schoppmeyer i
La Tour
Long
Gray
Marh
Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
Kinion
Petty
Tennant
Schoppmeyer
La Tour
Long
Gray
Marh
Mayor Jordan
City Council Meeting:
Subject: Consent
Motion To: 01"V
Motion By:
Seconded:
A.1 - A. 5 Kinion
Petty
Tennant
Schoppmeyer
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Long
Gray
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Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
Kinion
Petty
Tennant
Schoppmeyer
La Tour
Long
Gray
Marh
Mayor Jordan
City Council Meeting:
Subject: NONE
Motion To:
Motion By:
Seconded:
B.1 Kinion
Unfinished Petty
Business Tennant
Schoppmeyer
La Tour
Long
Gray
Marh
Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
Kinion
Petty
Tennant
Schoppmeyer
La Tour
Long
Gray
Marh
Mayor Jordan
City Council Meeting:
Subject: RZN 16-5442 (2514 W. LORI RD./RAZORBACK GOLF COURSE)
Motion To:
Motion By:
Seconded:
C. 1 Kinion
New Petty
Business Tennant
Schoppmeyer
U
La Tour
Long
Gray
Marh
Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
Kinion
Petty
Tennant
Schoppmeyer
La Tour
Long
Gray
Marh
Mayor Jordan
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DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
TO: Mayor Jordan Patti Mulford
THRU: Sondra Smith, City Clerk Paralegal
FROM: Kit Williams, City Attorne
DATE: July 20,2016
RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at
the City Council meeting of July 19, 2016
1. A resolution to approve a two-year contract with Allison Architects, Inc. for
professional architectural services for the Woolsey Homestead Historic Restoration
Project in the amount of$15,000.00 for phase one in 2016, and in the amount of$35,000.00
for phase two in 2017, contingent upon approval of the 2017 annual city budget.
2. A resolution to approve the 2016 Community Development Block Grant(CDBG) action
plan, to authorize the Mayor to execute the CDBG Agreement for 2016 when received in
the amount of $619,098.00, to approve the 2016-2020 five year consolidated CDBG plan,
and to approve a budget adjustment contingent upon receipt of the grant funds.
3. A resolution to authorize acceptance of an Arkansas Firewise Grant from the Arkansas
Forestry Commission in the amount of $500.00 for use by the Fire Department, and to
approve a budget adjustment.
4. A resolution to authorize the purchase of office furnishings from Innerplan,Inc. d/b/a
Innerplan Office Interiors in the amount of $64,491.62, pursuant to a State Procurement
Contract, for the Recycling and Trash Collection Division.
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
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Meeting Agenda - Final Agenda
Tuesday, July 19, 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 19,2016
Call To Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions
City Council Meeting Presentations,Reports and Discussion Items:
1. 2016-0317
OZARK REGIONAL TRANSIT PRESENTATION
Attachments: 06-09-16 ORT Operating Statistics-May 2016
Agenda Additions:
A. Consent:
A. 1 2015-0651
APPROVAL OF THE JULY 5,2016 CITY COUNCIL MEETING MINUTES.
A. 2 2016-0313
ALLISON ARCHITECTS,INC.:
A RESOLUTION TO APPROVE A TWO-YEAR CONTRACT WITH ALLISON
ARCHITECTS, INC. FOR PROFESSIONAL ARCHITECTURAL SERVICES FOR THE
WOOLSEY HOMESTEAD HISTORIC RESTORATION PROJECT IN THE AMOUNT OF
$15,000.00 FOR PHASE ONE IN 2016, AND IN THE AMOUNT OF $35,000.00 FOR
PHASE TWO IN 2017, CONTINGENT UPON APPROVAL OF THE 2017 ANNUAL CITY
BUDGET
Attachments: Woolsey Professional Agreement Phase 1
City of Fayetteville,Arkansas Page 2 Printed on 7/13/2016
City Council Meeting Meeting Agenda-Final Agenda July 19,2016
A. 3 2016-0316
2016-2020 CONSOLIDATED PLAN,2016 ACTION PLAN,AND CDBG
RECONCILIATION:
A RESOLUTION TO APPROVE THE 2016 COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) ACTION PLAN, TO AUTHORIZE THE MAYOR TO EXECUTE THE
CDBG AGREEMENT FOR 2016 WHEN RECEIVED IN THE AMOUNT OF $619,098.00,
TO APPROVE THE 2016-2020 FIVE YEAR CONSOLIDATED CDBG PLAN, AND TO
APPROVE A BUDGET ADJUSTMENT CONTINGENT UPON RECEIPT OF THE
GRANT FUNDS
Attachments: Con Plan-Action Plan-Reconciliation Agenda Packet
BA-Con Plan-Action Plan-Reconciliation
A. 4 2016-0321
ARKANSAS FIREWISE GRANT:
A RESOLUTION TO AUTHORIZE ACCEPTANCE OF AN ARKANSAS FIREWISE
GRANT FROM THE ARKANSAS FORESTRY COMMISSION IN THE AMOUNT OF
$500.00 FOR USE BY THE FIRE DEPARTMENT, AND TO APPROVE A BUDGET
ADJUSTMENT
Attachments: SRF SRM 2016 Firewise Grant
BA BUDGET ADJUSTMENT FORM Firewise Grant 2016
A. 5 2016-0329
INNERPLAN,INC.:
A RESOLUTION TO AUTHORIZE THE PURCHASE OF OFFICE FURNISHINGS FROM
INNERPLAN, INC. D/B/A INNERPLAN OFFICE INTERIORS IN THE AMOUNT OF
$64,491.62, PURSUANT TO A STATE PROCUREMENT CONTRACT, FOR THE
RECYCLING AND TRASH COLLECTION DIVISION
Attachments: 2016-0329 RTC Office Furnishings
RTC PO
B. Unfinished Business: NONE
C. New Business:
City of Fayetteville,Arkansas Page 3 Printed on 7/13/2016
City Council Meeting Meeting Agenda-Final Agenda July 19,2016
C. 1 2016-0328
RZN 16-5442 (2514 W.LORI RD./RAZORBACK GOLF COURSE)
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 16-5442 FOR APPROXIMATELY 99.10 ACRES LOCATED AT 2514
WEST LORI ROAD FROM R-A, RESIDENTIAL AGRICULTURAL; RSF-1,
RESIDENTIAL SINGLE FAMILY, ONE UNIT PER ACRE AND RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION;
R-A,RESIDENTIAL AGRICULTURAL AND NS,NEIGHBORHOOD SERVICES
Attachments: 16-5442 CC Report
C. 1 Additional Razorback Golf Course City Attorney Memo
D. City Council Agenda Session Presentations:
D. 1 2016-0261
AGENDA SESSION PRESENTATION-2016 1 ST AND 2ND QUARTER ECONOMIC
DEVELOPMENT REPORTS, CHUNG TAN
E. City Council Tour:
F. Announcements:
G. Adjournment
City of Fayetteville,Arkansas Page 4 Printed on 7/13/2016
City Council Meeting Meeting Agenda-Final Agenda July 19,2016
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.
City of Fayetteville,Arkansas Page 5 Printed on 7/13/2016
City Council Meeting Meeting Agenda-Final Agenda July 19,2016
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 6 Printed on 7/13/2016
DEPARTMENTAL CORRESPONDENCE ►__
OFFICE OF THE
CITY ATTORNEY Kit Williams
City Attorney
Blake Pennington
TO: Mayor Jordan Assistant City Attorney
City Council Patti Mulford
Paralegal
CC: Andrew Garner, Planning Director
Harris Davis, Planner-Current Planning
FROM: Kit Williams, City Attorney I
DATE: July 8, 2016
RE: Razorback Golf Course Proposed Rezoning (Sequel)
I am relieved to inform the City Council that you have your usual broad
discretion to determine whether or not it is in the best interests of Fayetteville to
approve the rezoning requested by the owner of the former Razorback Golf
Course. I see no constitutional or legal issues that would hamper or limit your
discretion in this case. Whatever your decision will be, it will be granted great
deference by the Courts and cannot be overturned without proof of arbitrary,
capricious or unreasonable action.
As most of you will remember, the owner of the Razorback Golf Course
sought to rezone his property a few months ago. Just like in the current, revised
rezoning request, the Planning Department had recommended approval and the
Planning Commission followed that recommendation (except for the multi-
family portion of the request). The City Council, however, listened to the very
significant neighborhood opposition based primarily on the requested density
and that impact on Deane Solomon Road and unanimously denied the
Razorback Golf Course rezoning on March 1, 2016.
The revised rezoning application omitted about 29 acres north of the creek
(closest to the neighborhoods adjoining the former golf course along its norther
border). That area might not be developed (with a connection to Topaz Drive
and/or Nevermore Lane) until the southern 87.5 acres of high density residential
is developed.
Because the density that the first proposed rezoning would have allowed
was a major concern for the neighbors and City Council, I thought you should
understand how much increased density this applicant is requesting. The
Planning Department's City Council Agenda Memo does not report how much
of the 99 acre parcel is currently zoned RSF-1, Residential Single Family, one unit
per acre or R-A, Residential Agricultural, one unit per two acres. However, the
map on page 23 of the Planner's Memo (also attached here) shows a single, fairly
small strip of Residential Single Family, 4 units per acre zoning running along
Deane Solomon Road with the vast majority of the property currently zoned
Residential Single Family, 1 unit per acre of Residential Agricultural, 1 unit per
two acres. The total allowed residential density for the developable land within
the 99 acre parcel would likely be under 150 houses.
The 87.5 acres of requested Neighborhood Conservation and
Neighborhood Services would allow a density of 875 houses (with duplexes
and triplexes in the bottom 15 acres). This is almost six times the currently
allowed density.
The previous rezoning request which was unanimously rejected by the
City Council because of density and traffic concerns was limited to 730
residential units by its Bill of Assurance. This newly proposed rezoning would
actually authorize 145 more residential units than the one rejected by the City
Council in March of this year. Despite allowing more housing units, apartment
complexes would not be authorized by this newly proposed rezoning.
Even rezoning this 87.5 acres to Residential Single Family, 4 units per acre
(which is the predominant zoning west of Deane Solomon Road adjoining this
property) would more than double the currently authorized density of this 99
acre parcel to about 350 homes. Such rezoning would appear to make
development economically feasible for the property owner. Of course, the
property owner could do as before and offer a Bill of Assurance for maximum
residential density. But as the proposed rezoning now is presented, the City
Council should understand that granting the rezoning is authorizing the
construction of 875 housing units (homes, duplexes and triplexes).
For your decision whether or not to rezone, you may not rely upon any
statements of intent by the property owner. You may only rely upon a signed
Bill of Assurance if one is offered.
2
The last discussion about rezoning the Razorback Golf Course land
involved substantial concerns about flooding. Although traffic and limited roads
have been acknowledged by the Arkansas Supreme Court as legitimate rezoning
concerns, I have found no zoning case in which zoning was denied for possible
flooding or drainage issues. The City has extensive regulations concerning
flooding and drainage that are implemented during actual development.
Flooding and drainage problems, floodplain issues and low impact development
are development concerns and should not be a major (if any) factor in a rezoning
discussion. (It is possible that a potential increased flooding danger might be
recognized by the Supreme Court as a legitimate zoning consideration in the
future.)
Please apply any or all of the zoning considerations that have been
sanctioned by A.C.A. § 14-56-403 Purpose of plans or Arkansas Supreme Court
decisions. Another summary of these recognized zoning considerations is below.
Factors that may be considered in rezoning issues:
1. Compatibility with adjacent zones
2. Public opposition that is logical and reasonable
3. Traffic
4. Safety and Fire protection
5. Good civic design and efficiency
6. Adequacy of public facilities (sewage, water)
7. Noise
8. Litter
9. Decrease in value of adjoining land
10. Appropriate and best use of land
11. 2030 Plan objectives
RZN 16-5442 RAZORBACK GOLF COURSE
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I _ Design Overlay District ®Commercial,Industrial,Residential
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1 inch = 600 feet P-1
City Council Meeting Minutes
July 5,2016
Page 1 of 10
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
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.
Mayor Jordan called the meeting to order.
PRESENT: Alderman Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Justin
Tennant, Martin Schoppmeyer, John La Tour, Alan Long, Mayor Lioneld Jordan, City
Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions: None
City Council Meeting Presentations, Reports, and Discussion Items: None
Consent:
Approval of the June 21, 2016 City Council Meeting Minutes.
Approved
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
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
July 5,2016
Page 2 of 10
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.
Resolution 128-16 as recorded in the office of the City Clerk
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.
Resolution 129-16 as recorded in the office of the City Clerk
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.
Resolution 130-16 as recorded in the office of the City Clerk
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.
Resolution 131-16 as recorded in the office of the City Clerk
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.
Resolution 132-16 as recorded in the office of the City Clerk
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.
Res. tion 133-16 as recorded in the office of the City Clerk
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.
Resolution 134-16 as recorded in the office of the City Clerk
Alderman Marsh moved to accept the Consent Agenda as read. Alderman Petty seconded
the motion. Upon roll call the motion passed unanimously.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
July 5,2016
Page 3 of 10
Unfinished Business:
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 at the June 21, 2016 City Council Meeting to the July 5, 2016 City Council Meeting.
Alderman Petty gave a brief description of the resolution. He passed out a petition signed by
downtown business and property owners that are in support of something happening on the south
side. He stated a lot was being centered on the parking study. He stated they have the draft in hand
of the existing and future demand analysis relative to this property. He believes there is a
discussion to be had about whether on street parking works. He stated having on street parking on
certain portions such as West Avenue is compelling. He stated there is a speeding problem on West
Avenue. He stated some people think it is unfair for one portion of the lot to be considered. He
believes if it is Council's desire to consider the entire lot that would be fine. He believes it is
important to maintain a piece of the lot for festivals. He stated the resolution is to consider all
proposals for the parcels identified. He suggested after public comment to table the item until
August 2, 2016. UK
Brian Reindl, Developer spoke in favor of the resolution. He believes it will be a signature
building and an asset for downtown.
Alderman Petty moved to table the resolution to the August 2, 2016 City Council meeting.
Alderman Marsh seconded the motion. Upon roll call the motion to table passed
unanimously.
C-PZD 16-5408 (Wedington & Marinoni Dr/Cross Church): An ordinance to rezone that
property described in rezoning petition RZN 16-5408 for approximately 24.60 acres at Wedington
Drive and Marioni Drive from C-2, Thoroughfare Commercial and UT,Urban Thoroughfare to C-
PZD, Commercial Planned Zoning District. This Ordinance was left of the first reading at the June 21,
2016 City Council Meeting.
Alderman Petty moved to suspend the rules and go to the second reading. Alderman Gray
seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
City Attorney Kit Williams: I have a copy of the Bill of Assurance that had been submitted to
you all with an exhibit showing the basic diagram,which they say they are going to be substantially
compliant with.
Jeremy Pate, Director of Development Services gave a brief description of the ordinance.
Greg Taylor Representing Cross Church gave a brief description about the relocation of the
church and background information on the property. He stated it is the churches intent to comply
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
July 5,2016
Page 4 of 10
with the most applicable zoning provided by the city for a single use church campus and church
related activities. He believes the new campus will be a landmark for the City of Fayetteville and
will offer a multitude of community services.
Alderman Marsh: The Bill of Assurance references the site plan. Does that tie us to that specific
site plan before Planning Commission has had the opportunity to go through the large scale
development process?
Jeremy Pate: Generally, no. When we see a Bill of Assurance it would tie conceptually to the
building location. I think that is the intent here. It does not relieve the applicant or the city of
following the city's ordinances that we have in place. The Planning Commission would review it,
just like any other large scale development, and apply those same standards. If it changed
dramatically because of those standards, we would need to bring that before the Council.
Alderman Marsh: If the Planning Commission decided they wanted to pull the building to one
side of the site or the other,would they be tied in by the site plan attached to the Bill of Assurance?
Jeremy Pate: The Planning Commission is limited to reviewing a project to meet the minimum
standards of the site, not necessarily recommending a building be moved around or changed in its
nature if it meets those minimum requirements. By law the Planning Commission is required to
approve that.
Alderman La Tour: I would like for us to be respectful of the church and their members. Right
now they are putting up with parking in various parking lots. These parking lots are dangerous to
worshipers. I ask you to rezone this property to P-1 as the church has requested.
Kevin Carpenter,4506 West Flagstick Drive stated he served the church as the Volunteer Parking
Director. He spoke about all of the parking lots being utilized on Wedington. He spoke about the
challenges of parking and safety being a constant factor. He spoke in favor of the rezoning.
Phil McMichael, 4478 Brightwater in Springdale stated he is one of the pastors on staff at Cross
Church. He spoke about the many ways the church is currently serving the City of Fayetteville on
the church campus. He spoke in favor of the rezoning.
Steve Clark, Fayetteville Chamber of Commerce President spoke about the way the church
provides economic development opportunities in the community. He spoke in favor of the
rezoning.
Lorraine O'Neal, 3001 West Wedington stated she attends Cross Church. She spoke about the
good works the church does for the community. She spoke in favor of the rezoning.
Alderman Petty: I received a memo today from our City Attorney. Could you please provide a
summary?
City Attorney Kit Williams gave a brief description of the memo he wrote. He cited the case of
Fortress Bible Church v. Town of Greenburgh. City Attorney Williams conclusion is that Cross
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
July 5,2016
Page 5 of 10
Church can construct by right a church on its own property on lots which are currently zoned
Urban Thoroughfare and C-2, Thoroughfare Commercial. However, the burden of trying to build
on lots with split zoning and opposing set back and build-to-requirements and whose property lines
and road frontages will be moved back by the takings needed by the Arkansas Highway
Department appear to be significant. Granting Cross Church's request for a single zoning district
P-1,Institutional,especially designed and designated for church related organizations,would solve
those development problems.
The location of the church on its property (like the proposed church in Greenburgh) seems to be
only possible justification for a possible denial of Cross Church's rezoning request. He fears such
a denial would result in the same reception in the Courts as the Town of Greenburgh received: an
injunction to force approval and the imposition of substantial assessments for attorney's fees and
costs and possible compensatory damages for delay. He recommends approval of this requested
rezoning to comply with the First Amendment, federal and state law.
Alderman Kinion moved to suspend the rules and go to the third and final reading.
Alderman Schoppmeyer seconded the motion. Upon roll call the motion passed
unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Kinion and Alderman Schoppmeyer spoke in favor of the rezoning.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5889 as recorded in the office of'the City Clerk
New Business:
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.
Jeremy Pate, Director of Development Services gave a brief description of the resolution. Staff is
recommending approval.
Alderman Tennant: This is a wonderful project. It was one of the first things people asked about
years ago. It connects many neighborhoods.
Alderman Petty moved to approve the resolution. Alderman Tennant seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 135-16 as recorded in the office of the City Clerk
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
July 5,2016
Page 6 of 10
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.
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Director of Development Services gave a brief description of the ordinance. The
Planning Commission voted 7-0 in support of the request. Staff is recommending approval.
Alderman Gray moved to suspend the rules and go to the second reading. Alderman Long
seconded the motion. Upon roll call the motion passed 7-0. Alderman Petty was absent
during the vote.
City Attorney Kit Williams read the ordinance.
Alderman Gray moved to suspend the rules and go to the third and final reading. Alderman
Marsh seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5890 as recorded in the office of the City Clerk
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.
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Director of Development Services gave a brief description of the ordinance. The
Planning Commission and staff are recommending approval.
Neal Pendergraft,Property Owner stated he would appreciate the support of City Council for the
rezoning.
Alderman Marsh moved to suspend the rules and go to the second reading. Alderman Petty
seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Marsh moved to suspend the rules and go to the third and final reading.
Alderman Long seconded the motion. Upon roll call the motion passed unanimously.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
July 5,2016
Page 7 of 10
City Attorney Kit Williams read the ordinance.
Mayor Jordan: I look forward to this development.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5891 as recorded in the office of the City Clerk
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.
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Director of Development Services gave a brief description of the ordinance. The
Planning Commission voted 5-1 in support of the request. Staff is recommending approval.
Bill Reed,2555 North Trafalger Drive stated he was President of the Property Owners Association
for Salem Heights. He voiced his concerns about property values,traffic safety, and aesthetics. He
spoke in opposition of the rezoning.
Kyle Smith, 2801 West Dove Drive believes the type of business that goes in is going to set the
tone for this corner and the general area. He hopes when the property is rezoned it will be
developed with walkability and safety in mind.
Alderman Long: After getting feedback from residents in the area, it has taken us all the way
back to the rezoning of the Kum & Go on Mount Comfort Road and what we as a Council
communicated to a lot of the people here that came to speak that night. When we went forward
with that Kum & Go, we didn't want to push commercial development any farther down Mount
Comfort at the time. We are still at that same point in time because we don't have a resolution on
Rupple Road, at least the portion that goes from Mount Comfort to Wedington. It leaves some
uncertainty for us because of traffic patterns. Looking at this specific place in between the Kum&
Go and where we are going to be building the road on Rupple is all residential. There is no
commercial portions there. I don't think it fits with the neighborhood at this time. It could be
revisited years from now when this area starts to develop a sense of community and has more
services integrated.
Alderman La Tour: I think we are ready for development there. We need services in the area.
This is a major four lane road. I share your concerns Alderman Long with traffic flows, but
somebody has to be first. Wedington is fully developed, commercially. You can go over to
Wedington pretty quickly,but during high traffic time it can be difficult to get there in five minutes.
I don't like traffic any more than the next person, but traffic is a good thing to have. This is a cost
we pay to live in a city. I support the request.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
July 5,2016
Page 8 of 10
Alderman Long: I'm going to support my constituents that don't want this developed at this time.
The main reason is for public safety. Rupple is a two lane road where there has been more than
one traffic death on the portion that is two blocks away. It connects Mount Comfort Road to
Wedington. It is a very heavily traveled road and we haven't been able to complete that area. In
the last few months in the Transportation Committee we have heard about the plans and when it
may move forward. In the Transportation Committee we have heard from people in the
surrounding neighborhoods who have had large issues with traffic around the two schools on
Rupple and Salem.
Alderman Marsh moved to suspend the rules and go to the second reading. Alderman La
Tour seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Marsh moved to suspend the rules and go to the third and final reading.
Alderman La Tour seconded the motion. Upon roll call the motion passed 6-2. Alderman
Marsh, Kinion, Petty, Schoppmeyer,La Tour, and Gray voting yes. Alderman Tennant and
Long voting no.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-2.
Alderman Marsh, Kinion, Petty, Schoppmeyer, La Tour, and Gray voting yes. Alderman
Tennant and Long voting no.
Ordinance 5892 as recorded in the office of the City Clerk
e
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.
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Director of Development Services gave a brief description of the ordinance. The
Planning Commission voted 7-0 in support of the request. Staff is recommending approval.
Alderman Marsh: I am excited to see this proposal for the change in zoning to bring more
services and housing down to this area.
Alderman Marsh moved to suspend the rules and go to the second reading. Alderman Gray
seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
July 5,2016
Page 9 of 10
Alderman Marsh moved to suspend the rules and go to the third and final reading.
Alderman Gray seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5893 as recorded in the office of the City Clerk
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.
Connie Edmonston, Parks & Recreation Director gave a brief description of the resolution. Staff
is recommending approval.
City Attorney Kit Williams: Thank you, Mayor, for coming to our Rotary Club and accepting a
$100,000 check. Approving this parking lot to be built earlier and larger is going to inspire the
Rotary Club to work even harder. We have another$50,000 to go. This will show the City Council
is on board and we're going to get the playground done as well as the parking lot.
Mayor Jordan: Thank you, Kit.
Don Marr, Chief of Staff: Thank you to the staff. The Council looks for us to bring cost savings
opportunities to you. This is an opportunity for us to build this lot while we are already deployed
on site constructing the park.
Alderman Long moved to approve the resolution. Alderman Tennant seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 136-16 as recorded in the office of the City Clerk
Announcements:
Don Marr, Chief of Staff: The Gulley Park Concert will be July 7, 2016 at 7:00 p.m. The
entertainment will be Danielle Nicole.
The Greedy Goats will be eating invasive plants at Wilson Park. The public is invited to attend. It
will be July 6-9, 2016.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
July 5,2016
Page 10 of 10
We opened our 40 space new trail head parking lot south of the Botanical Gardens. It is accessed
from Highway 265 for additional parking for trail users. There is a new trail hydration station at
this location.
City Council Agenda Session Presentations: None
City Council Tour: None
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Adjournment: 7:10 p.m.
Lioneld Jordan, Mayor Sondra E Smith, City Clerk Treasurer
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
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Meeting Agenda - Tentative Agenda
Tuesday, July 12, 2016
4:30 PM
City Hall Room 326
City Council Agenda Session
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 Agenda Session Meeting Agenda-Tentative July 12,2016
Agenda
Call To Order
Roll Call
Pledge of Allegiance
Mayor's Announcements,Proclamations and Recognitions
City Council Meeting Presentations,Reports and Discussion Items:
1. 2016-0317
OZARK REGIONAL TRANSIT PRESENTATION
Attachments: 06-09-16 ORT Operating Statistics-May 2016
Agenda Additions
A. Consent:
A. 1 2015-0651
APPROVAL OF THE JULY 5,2016 CITY COUNCIL MEETING MINUTES.
A. 2 2016-0313
ALLISON ARCHITECTS,INC.:
A RESOLUTION TO APPROVE A TWO-YEAR CONTRACT WITH ALLISON
ARCHITECTS, INC. FOR PROFESSIONAL ARCHITECTURAL SERVICES FOR THE
WOOLSEY HOMESTEAD HISTORIC RESTORATION PROJECT IN THE AMOUNT OF
$15,000.00 FOR PHASE ONE IN 2016, AND IN THE AMOUNT OF $35,000.00 FOR
PHASE TWO IN 2017, CONTINGENT UPON APPROVAL OF THE 2017 ANNUAL CITY
BUDGET
Attachments: Woolsey Professional Agreement Phase 1
City of Fayetteville,Arkansas Page 2 Printed on 7/7/2016