HomeMy WebLinkAbout2016-08-02 - 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
August 2, 2016
A meeting of the Fayetteville City Council was held on August 2, 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 July 19, 2016 City Council Meeting Minutes.
Approved
2. UTILITY SERVICE COMPANY, INC. CHANGE ORDER NO. 3: A resolution to
approve to Change Order No. 3 to the contract with Utility Service Company, Inc. in the
amount of $22,736.00 for structural repairs to the Baxter Water Tank, to approve an
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
additional project contingency in the amount of $56,675.50, and to approve a budget
adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 141-16
3. 2016-2017 JUSTICE ASSISTANCE AND STATE DRUG CRIME
ENFORCEMENT GRANT: A resolution to authorize acceptance of the 2016-2017
Justice Assistance and State Drug Crime Enforcement Grant for federal and state funding
of the Fourth Judicial District Drug Task Force in the amount of$242,610.00, and to
authorize Mayor Jordan to sign all necessary documents to receive the grant funds.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 142-16
4. ICON ENTERPRISES, INC. D/B/A CIVICPLUS: A resolution to a one (1) year
amended contract with Icon Enterprises, Inc. d/b/a CivicPlus for website content
management system services in the amount of$18,228.55 for the first year with automatic
renewals for three (3) additional one (1) year terms with a price increase of five percent
(5%) each time the contract is renewed, and to approve a project contingency of$5,000.00
each year the contract is in effect.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 143-16
5. AUDIO-VISUAL RENOVATION: A resolution to approve a budget adjustment to move
funds from various audio-visual sub-projects to master project 13004 City Hall Audio-
Visual Renovation.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 144-16
6. OFF-STREET PARKING DISTRICT AND THE DICKSON STREET
IMPROVEMENT DISTRICT PARKING REVENUES: A resolution to approve a
budget adjustment recognizing increased parking revenues in the Off-Street Parking
District and the Dickson Street Improvement District.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 145-16
7. ARKANSAS HISTORIC PRESERVATION PROGRAM GRANT AGREEMENT:
A resolution to approve a grant agreement with the Arkansas Historic Preservation
Program for a Certified Local Government Grant in the amount of $9,030.00, and to
approve a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 146-16
8. 2017 EMPLOYEE BENEFITS PACKAGE: A resolution to approve the 2017 Employee
Benefits Package.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 147-16
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteviIIe-ar.gov
B. Unfinished Business:
1. RZN 16-5442 (2514 W. LORI RDJRAZORBACK 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.
AT THE AUGUST 2, 2016 CITY COUNCIL MEETING THIS ORDINANCE WAS
TABLED INDEFINETLY.
2. 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.
AT THE AUGUST 2, 2016 CITY COUNCIL MEETING THIS ORDINANCE WAS
TABLED INDEFINETLY.
C. New Business:
1. BAYYARI MUSIC PLAYGROUND DONATION: A resolution to accept a donation in
the amount of$30,000.00 from Fadil Bayyari to construct the David Lyle Bayyari Music
Playground at Wilson Park, and to approve a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 148-16
2. THE ROTARY CLUB OF FAYETTEVILLE AGREEMENT: A resolution to approve
an agreement with the Rotary Club of Fayetteville regarding the funding for and naming
of the Rotary Club of Fayetteville Playground at the Kessler Mountain Regional Park, to
approve a budget adjustment recognizing a donation from the Rotary Club of Fayetteville
and its members in the amount of$150,000.00 for the project contingent upon receipt of
the funds, and to express the City Council's intent to provide matching funds in an amount
of$120,000.00 toward the playground project contingent on approval of the 2017 budget.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 149-16
3. VAC 16-5494 (3641 W. WEDINGTON DR. /OZARKS ELECTRIC CO-OP): An
ordinance to approve VAC 16-5494 submitted by Crafton-Tull Engineers, Inc. for
property located at 3641 West Wedington Drive to vacate a portion of a utility easement.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5894
4. AMEND §164.23 SINGLE-FAMILY INFILL STANDARDS: An ordinance to
authorize the City Council to grant a variance in the single family infill standards to
support attainable, affordable housing.
AT THE AUGUST 2, 2016 CITY COUNCIL MEETING THIS ORDINANCE WAS
LEFT ON THE SECOND READING AND SENT TO ORDINANCE REVIEW.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteviIIe-ar.gov
City Council Agenda Session Presentations
City Council Tour
Announcements
Adjournment: 7:08 p.m.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
City Council Meeting: August 2, 2016 Adjourn:
Subject: Roll
Petty r/
Tennant
Schoppmeyer
La Tour
Long
Gray
Marsh
Kinion
Mayor Jordan
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Subject:
Motion To:
Motion By:
Seconded:
Petty
Tennant
Schoppmeyer
La Tour
Long
Gray
Marsh
Kinion
Mayor Jordan
City Council Meeting:
Subject: Consent
Motion To:
Motion By:
Seconded:
A.1-A.8 Petty
Tennant
Schoppmeyer
�✓ La Tour
Long
Grayf
Marsh
Kinion
v�� Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
Petty
Tennant
Schoppmeyer
La Tour
Long
Gray
Marsh
Kinion
Mayor Jordan
City Council Meeting:
Subject: RZN 16-5442 (2514 W. LORI RD./RAZORBACK GOLF COURSE)
Motion To:
Motion By:
Seconded: ]
n.
B. 1 Petty
Unfinished Tennant
Business Schoppmeyer
La Tour
�� Long �
oma`�/ Gray
F� ' ll Marsh
LE
Kinion y
Mayor Jordan
Subject: PROPOSALS FOR DEVELOPMENT OF SOUTH END OF WEST AVENUE PARKING LOT
Motion To: ter "� _
:. .
Motion By: �
Seconded:
B. 2 Petty
Unfinished Tennant
Business Schoppmeyer
La Tour
Long r/
Gray /
Marsh
Kinion
Mayor Jordan
City Council Meeting:
Subject: BAYYARI MUSIC PLAYGROUND DONATION
Motion To:
✓✓r00
Motion By: r` r'vl/'J ri
Seconded:
C. 1 Petty
New Tennant
Business Schoppmeyer ltl '
La Tour f°`
Long
- Gray
Marsh
i
\ Kinion I�
Mayor Jordan
Subject: THE ROTARY CLUB OF FAYETTEVILLE AGREEMENT
Motion To: 14
Motion By:
1R
Seconded:,
C. 2 Petty
New Tennant
Business Schoppmeyer
La Tour
f Long
Gray
1
Marsh
Kinion
Mayor Jordan
g--D
City Council Meeting:
Subject: VAC 16-5494 (3641 W. WEDINGTON DR./OZARKS ELECTRIC CO-OP)
Motion To: �;k kid a
Motion By:
Seconded:
C. 3 Petty
New Tennant
Business Schoppmeyer c/
La Tour
Long
Gray '
Marsh
Kinion f
Mayor Jordan
`p —i f ''
Subject: AMEND §164.23 SINGLE-FAMILY INFILL STANDARDS
Motion To:
Motion By:
Seconded:
C. 4 Petty
New Tennant 1�
Business Schoppmeyer 1�
La Tour
'al Long
Gray
Marsh
Kin ion
Mayor Jordan
i
u
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
j(
FROM: Kit Williams, City Attorne
DATE: August 3,2016 4
RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at
the City Council meeting of August 2,2016
1. A resolution to approve Change Order No. 3 to the contract with Utility Service
Company,Inc. in the amount of$22,736.00 for structural repairs to the Baxter Water Tank,
to approve an additional project contingency in the amount of$56,675.50,and to approve
a budget adjustment.
2. A resolution to authorize acceptance of the 2016-2017 Justice Assistance and State Drug
Crime Enforcement Grant for federal and state funding of the Fourth Judicial District
Drug Task Force in the amount of$242,610.00, and to authorize Mayor Jordan to sign all
necessary documents to receive the grant funds.
3. A resolution to approve a one (1) year amended contract with Icon Enterprises, Inc.
D/B/A Civicplus for website content management system services in the amount of
$18,228.55 for the first year with automatic renewals for three (3) additional one (1) year
terms with a price increase of five percent (5%) each time the contract is renewed, and to
approve a project contingency of$5,000.00 each year the contract is in effect.
4. A resolution to approve a budget adjustment to move funds from various audio-visual
sub-projects to Master Project 13004 City Hall audio-visual renovation.
5. A resolution to approve a budget adjustment recognizing increased parking revenues
in the Off-Street Parking District and the Dickson Street Improvement District.
6. A resolution to approve a grant agreement with the Arkansas Historic Preservation
Program for a Certified Local Government Grant in the amount of $9,030.00, and to
approve a budget adjustment.
7. A resolution to approve the 2017 Employee Benefits Package.
8. A resolution to accept a donation in the amount of $30,000.00 from Fadil Bayyari to
construct the David Lyle Bayyari Music Playground at Wilson Park, and to approve a
budget adjustment.
9. A resolution to approve an agreement with the Rotary Club of Fayetteville regarding
the funding for and naming of the Rotary Club of Fayetteville Playground at the Kessler
Mountain Regional Park, to approve a budget adjustment recognizing a donation from
the Rotary Club of Fayetteville and its members in the amount of $150,000.00 for the
project contingent upon receipt of the funds, and to express the City Council's intent to
provide matching funds in an amount of $120,000.00 toward the playground project
contingent on approval of the 2017 budget.
10. An ordinance to approve VAC 16-5494 submitted by Crafton-Tull Engineers, Inc. for
property located at 3641 West Wedington Drive to vacate a portion of a utility easement.
2
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
■
u
Meeting Agenda - Final Agenda
Tuesday, August 2, 2016
5:30 PM
City Hall Room 219
City Council Meeting
e s
Adella Gray Ward I
Sarah Marsh Ward I
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 August 2, 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 2015-0652
APPROVAL OF THE JULY 19, 2016 CITY COUNCIL MEETING MINUTES.
A.2 2016-0322
UTILITY SERVICE COMPANY, INC. CHANGE ORDER NO. 3:
A RESOLUTION TO APPROVE CHANGE ORDER NO. 3 TO THE CONTRACT WITH
UTILITY SERVICE COMPANY, INC. IN THE AMOUNT OF $22,736.00 FOR
STRUCTURAL REPAIRS TO THE BAXTER WATER TANK, TO APPROVE AN
ADDITIONAL PROJECT CONTINGENCY IN THE AMOUNT OF $56,675.50, AND TO
APPROVE A BUDGET ADJUSTMENT
Attachments: UTILITY SERVICE COMPANY,INC.CHANGE ORDER NO.3
UTILITY SERVICE COMPANY,INC.CHANGE ORDER NO.3_BA
A. 3 2016-0333
2016-2017 JUSTICE ASSISTANCE AND STATE DRUG CRIME ENFORCEMENT
GRANT:
A RESOLUTION TO AUTHORIZE ACCEPTANCE OF THE 2016-2017 JUSTICE
ASSISTANCE AND STATE DRUG CRIME ENFORCEMENT GRANT FOR FEDERAL
AND STATE FUNDING OF THE FOURTH JUDICIAL DISTRICT DRUG TASK FORCE
IN THE AMOUNT OF $242,610.00, AND TO AUTHORIZE MAYOR JORDAN TO SIGN
ALL NECESSARY DOCUMENTS TO RECEIVE THE GRANT FUNDS
Attachments: 2016-2017 JUSTICE ASSISTANCE AND STATE DRUG CRIME ENFORCEMENT
City of Fayetteville,Arkansas Page 2 Printed on 712812016
City Council Meeting Meeting Agenda - Final Agenda August 2, 2016
A. 4 2016-0348
ICON ENTERPRISES, INC. D/B/A CIVICPLUS:
A RESOLUTION TO APPROVE A ONE (1) YEAR AMENDED CONTRACT WITH ICON
ENTERPRISES, INC. D/B/A CIVICPLUS FOR WEBSITE CONTENT MANAGEMENT
SYSTEM SERVICES IN THE AMOUNT OF $18,228.55 FOR THE FIRST YEAR WITH
AUTOMATIC RENEWALS FOR THREE (3) ADDITIONAL ONE (1) YEAR TERMS
WITH A PRICE INCREASE OF FIVE PERCENT (5%) EACH TIME THE CONTRACT IS
RENEWED, AND TO APPROVE A PROJECT CONTINGENCY OF $5,000.00 EACH
YEAR THE CONTRACT IS IN EFFECT
Attachments: ICON ENTERPRISES,INC.D/B/A CIVICPLUS
A. 5 2016-0337
AUDIO-VISUAL RENOVATION:
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT TO MOVE FUNDS FROM
VARIOUS AUDIO-VISUAL SUB-PROJECTS TO MASTER PROJECT 13004 CITY HALL AUDIO-
VISUAL RENOVATION
Attachments: SRF SRM BA master13004 2016-0337-2
BA BUDGET ADJUSTMENT FORM LEGISTAR 071416
A. 6 2016-0349
OFF-STREET PARKING DISTRICT AND THE DICKSON STREET
IMPROVEMENT DISTRICT PARKING REVENUES:
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT RECOGNIZING
INCREASED PARKING REVENUES IN THE OFF-STREET PARKING DISTRICT AND
THE DICKSON STREET IMPROVEMENT DISTRICT
Attachments: OFF-STREET PARKING DISTRICT AND THE DICKSON STREET IMPROVEMEN
OFF-STREET PARKING DISTRICT AND THE DICKSON STREET IMPROVEMEN
City of Fayetteville,Arkansas Page 3 Printed on 712812016
City Council Meeting Meeting Agenda - Final Agenda August 2, 2016
A. 7 2016-0345
ARKANSAS HISTORIC PRESERVATION PROGRAM GRANT AGREEMENT:
A RESOLUTION TO APPROVE A GRANT AGREEMENT WITH THE ARKANSAS
HISTORIC PRESERVATION PROGRAM FOR A CERTIFIED LOCAL GOVERNMENT
GRANT IN THE AMOUNT OF $9,030.00, AND TO APPROVE A BUDGET
ADJUSTMENT
Attachments: 2016-0345 CC packet
ARKANSAS HISTORIC PRESERVATION PROGRAM GRANT AGREEMENT BA
A. 8 2016-0344
2017 EMPLOYEE BENEFITS PACKAGE:
A RESOLUTION TO APPROVE THE 2017 EMPLOYEE BENEFITS PACKAGE
Attachments: 2017 EMPLOYEE BENEFITS PACKAGE
B. Unfinished Business:
B. 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
(LEFT ON FIRST READING)
Attachments: RZN 16-5442(2514 W.LORI RD./RAZORBACK GOLF COURSE)
This ordinance was left on the First Reading at the July 19, 2016 City Council meeting.
City of Fayetteville,Arkansas Page 4 Printed on 712812016
City Council Meeting Meeting Agenda - Final Agenda August 2, 2016
B. 2 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 S, 2016 City
Council Meeting. This resolution was tabled at the July S, 2016 City Council Meeting to the
August 2, 2016 City Council Meeting.
C. New Business:
C. 1 2016-0340
BAYYARI MUSIC PLAYGROUND DONATION:
A RESOLUTION TO ACCEPT A DONATION IN THE AMOUNT OF $30,000.00 FROM
FADIL, BAYYARI TO CONSTRUCT THE DAVID LYLE BAYYARI MUSIC
PLAYGROUND AT WILSON PARK,AND TO APPROVE A BUDGET ADJUSTMENT
Attachments: BAYYARI MUSIC PLAYGROUND DONATION
BAYYARI MUSIC PLAYGROUND DONATION BA
City of Fayetteville,Arkansas Page 5 Printed on 712812016
City Council Meeting Meeting Agenda - Final Agenda August 2, 2016
C. 2 2016-0341
THE ROTARY CLUB OF FAYETTEVILLE AGREEMENT:
A RESOLUTION TO APPROVE AN AGREEMENT WITH THE ROTARY CLUB OF
FAYETTEVILLE REGARDING THE FUNDING FOR AND NAMING OF THE ROTARY
CLUB OF FAYETTEVILLE PLAYGROUND AT THE KESSLER MOUNTAIN
REGIONAL PARK, TO APPROVE A BUDGET ADJUSTMENT RECOGNIZING A
DONATION FROM THE ROTARY CLUB OF FAYETTEVILLE AND ITS MEMBERS IN
THE AMOUNT OF $150,000.00 FOR THE PROJECT CONTINGENT UPON RECEIPT OF
THE FUNDS, AND TO EXPRESS THE CITY COUNCIL'S INTENT TO PROVIDE
MATCHING FUNDS IN AN AMOUNT OF $120,000.00 TOWARD THE PLAYGROUND
PROJECT CONTINGENT ON APPROVAL OF THE 2017 BUDGET
Attachments: THE ROTARY CLUB OF FAYETTEVILLE AGREEMENT
THE ROTARY CLUB OF FAYETTEVILLE AGREEMENT BA
C. 3 2016-0346
VAC 16-5494 (3641 W. WEDINGTON DR./OZARKS ELECTRIC CO-OP):
AN ORDINANCE TO APPROVE VAC 16-5494 SUBMITTED BY CRAFTON-TULL
ENGINEERS, INC. FOR PROPERTY LOCATED AT 3641 WEST WEDINGTON DRIVE
TO VACATE A PORTION OF A UTILITY EASEMENT
Attachments: VAC 16-5494(3641 W.WEDINGTON DR./OZARKS ELEC.CO-OP)
C. 4 2016-0352
AMEND §164.23 SINGLE-FAMILY INFILL STANDARDS:
AN ORDINANCE TO AUTHORIZE THE CITY COUNCIL TO GRANT A VARIANCE IN
THE SINGLE FAMILY INFILL STANDARDS TO SUPPORT ATTAINABLE,
AFFORDABLE HOUSING
Attachments: Agenda Request Packet Infill Standards
Additional C.5 Amend 164.23 Single Family Infill Standards
D. City Council Agenda Session Presentations:
E. City Council Tour:
F. Announcements:
G. Adjournment
City of Fayetteville,Arkansas Page 6 Printed on 712812016
City Council Meeting Meeting Agenda - Final Agenda August 2, 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 7 Printed on 712812016
City Council Meeting Meeting Agenda - Final Agenda August 2, 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 8 Printed on 712812016
i
DEPARTMENTAL CORRESPONDENCE 4 .
OFFICE OF THE
CITY ATTORNEY Kit Williams
City Attorney
Blake Pennington
Assistant City Allonicy
TO: Mayor Jordan Patti Mulford
City Council Paralegal
CC: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
FROM: Kit Williams, City Attorney C/ /� —
DATE: July 22, 2016
RE: Attainable and Affordable Housing
City Plan 2025 "through a collaboration between City staff and urban design
firm,Dove,Kohl and Partners,combines citizen input and ideas with concepts and
policies that have been proven and tested in our own and other communities...."
Preface to City Plan 2025, page 3.
City Plan 2025 includes Vision and Strategies of the 2020 Long Range Plan
adopted in the 20th century. The Visions include "Housing choices for all
incomes...." The Means to reach that Vision lists "Attainable housing throughout
the City." "Attainable housing" is also shown in support of "A revitalized South
Fayetteville." Thus, for at least two decades, the Fayetteville City Council has
supported the goal of affordable and attainable housing for our citizens.
A major portion of both City Plan 2025 and City Plan 2030 has been its
Chapter 4 Housing. Both Long Range City Plans end the Housing chapter with
Housing Concerns which is devoted to the loss of affordability of housing because
of its escalating costs. The average housing cost has been increasing faster than
average household income "which significantly impacts the ability of home
ownership for many potential home buyers." City Plan 2025 and City Plan 2030.
City Plan 2025 present five overall goals or visions to guide the City Council.
City Plan 2030 adopted by the City Council unanimously in July of 2011 added
one more overall goal and vision: "Goal 6 We will create opportunities for
affordable housing." In its attempt to improve home affordability, the City
Council should be careful not to unintentionally increase the costs of attainable
homes by enacting new regulations that might unnecessarily increase housing
construction costs.
The Planning Department presented proposed U.D.C. amendments to the
Planning Commission with its memo of July 13, 2015. While the vast majority of
proposed changes allowed easier development of single family homes in multi-
family districts, reduced setbacks, lot widths and introduced the most dense
single-family district to date, RSF-18, a final provision introduced single family
design standards for any lot with less than seventy (70) feet of street frontage.
Planner Jessie Fulcher explained the rationale to require design standards for these
single family homes:
"2. Chapter 164.23 Small Lot Design Standards. Introduce a set of
design standards for single-family homes on small lots.
•
As noted above, Chapter 161 is being updated to allow greater
variability in the types of residential units constructed in multi-family
zoning districts, principally by reducing the barriers to construct
single-family homes. However, as lot width and building footprints
are reduced it becomes more difficult to design a home and maintain
visibility between the street and building. A primary goal of Crime
Prevention Through Environment Design (CPTED) is to maintain
natural surveillance, or "see and be seen." Unfortunately, poor design
choices when building smaller homes can greatly reduce and
sometimes even eliminate natural surveillance. As a result, staff is
proposing a relatively brief set of design standards for single-family
homes on small lots (see exhibit 'B' attached). The code specifies the
standards only apply to lots with less than 70 feet of street frontage.
This exempts a majority of all single-family lots in the City which are
typically located in the RSF-4 zoning district, with a minimum lot
width of 70 feet and maximum density of 4 units per acre."
For years Fayetteville has been in the top 10 of American cities to raise a
family, start a business, live and work. I think we are currently number 3 in the
nation. Our Fayetteville Police Department has done much to ensure the safety of
our citizens and neighborhoods. Our crime rate is low. Maybe other cities may
need to implement Crime Prevention Through Environment Design to try to
reduce their crime rate, but I think there is little evidence to support Fayetteville's
need for such action.
All over town in traditional neighborhoods zoned RSF-4, the City allows
front yards and does not restrict the placement of garages. Does Planning think
crime is rampant in these traditional neighborhoods or will be in the future
because garages tend to be closer to the street than the house? Does this justify
requiring home owners to move their garages back at least five feet behind the
front of their houses? Indeed, how would building a garage flush with the front
of the house impede any "surveillance" or "visibility between the street and
building"? This alleged need to maintain "natural surveillance" of the street is a
very week reed to base design requirements for home owners.
Although passed on October 6, 2015 and therefore effective on November 7,
2015, no issues concerning these design standards surfaced until around March at
the Planning Commission. Buffington Homes was two thirds of the way through
an upscale "French Cottage" subdivision whose beautifully designed and
constructed homes had garages that were not at least five feet behind the houses.
Although Planning staff recommended denial of a variance to complete the
subdivision as designed, just about the entire neighborhood appeared and
requested approval of the variance which was finally granted by the Planning
Commission.
The same issue reappeared in April after Rausch Coleman Homes, Inc. was
surprised to learn of the ordinance when building permits for its final phase of the
Coves Development were rejected. Although Rausch Coleman said it could
eventually comply, the costs per house would likely be $8,000 to $10,000.
(Planning Commission Minutes, page 5 within Final Agenda of May 9, 2016).
Eventually, Jesse Fulcher (now working for Rausch Coleman Homes, Inc.)
persuaded the Planning Commission to grant variances for 21 houses because "to
build in compliance will cost a significant amount of money." (Planning
Commission Minutes page 4 of Final Agenda of May 23, 2016 meeting).
3
Finally, I recently met with Andrew Garner, Chris Brown and Mark
Marquess over his request to build three "model" houses (with sufficient current
frontage on Broyles and access to water and sewer) prior to his Final Plat approval.
This complied with the U.D.C. so Andrew okayed his request. Andrew then told
Mark about the Single-family design standards if a lot has less than 70 feet of street
frontage (as do the vast majority of Mark's lots in his approved Preliminary Plat).
This was surprising news to Mark. None of his house designs for his development
would satisfy the moved back garage, and he agreed with Rausch Coleman Homes
that compliance would cost his home buyers thousands of dollars.
Because a principal goal adopted by the City Council in the 2030 Plan was
to "create opportunities for affordable housing," I became concerned that our
major affordable housing construction companies believe this garage location
requirement would push up the cost of their houses and endanger these homes'
affordability for our citizens. Since this would be contrary to the City Council's
adopted primary goal to support affordable housing, I believed something might
need to be done.
When I explained my concerns to Alderman Schoppmeyer, he agreed that
the City Council should empower itself to listen to the explanations of the home
builders and grant any necessary relief as to garage location that might be required
to ensure: "We will create opportunities for affordable housing." That it what his
one sentence amendment to the garage location provision of the single family
home design standards would do.
City Council Meeting Minutes
July 19,2016
Page 1 of 7
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 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.
Mayor Jordan called the meeting to order.
PRESENT: Alderman Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Martin
Schoppmeyer, John La Tour, Alan Long, Mayor Lioneld Jordan, City Attorney Kit
Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
Alderman Justin Tennant was absent.
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions: None
City Council Meeting Presentations, Reports, and Discussion Items:
Ozark Regional Transit Presentation
Jeff Hatley, Ozark Regional Transit presented the Ozark Regional Transit report.
Alderman La Tour: Can you tell me how you compute the growth rate? Are those new riders or
the same riders riding more often?
Jeff Hatley: It is ridership. It could be people riding more often or it could be additional riders.
A copy of the report is attached.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
July 19,2016
Page 2 of 7
Consent:
Approval of the July 5, 2016 City Council Meeting Minutes.
Approved
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$35,00.00 for phase two
in 2017, contingent upon approval of the 2017 annual city budget.
Resolution 137-16 as recorded in the office of the City Clerk ° b
2016-2020 Consolidated Plan, 2016 Action Plan, and CDBG Reconciliation: A resolution to
approve the 2016 Community Development Block Grant (CDG) 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.
Resolution 138-16 as recorded in the office of the City Clerk
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.
Resolution 139-16 as recorded in the office of the City Clerk
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.
Resolution 140-16 as recorded in the office of the City Clerk
Alderman Gray moved to accept the Consent Agenda as read. Alderman Marsh seconded
the motion. Upon roll call the motion passed 7-0. Alderman Tennant was absent.
Unfinished Business: None
New Business:
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
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteviIIe-ar.gov
City Council Meeting Minutes
July 19,2016
Page 3 of 7
and RSF-4, Residential Single Family, 4 units per acre to NC, Neighborhood Conservation; R-A,
Residential Agricultural and NS,Neighborhood Services.
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Director of Development Services gave a brief description of the ordinance. He
stated that in the last few days emails have been received from neighbors, some of which who
could not attend the meeting. Due to it being a large property he requested that a final decision not
be made at tonight's meeting. He stated a Bill of Assurance has not been of red. The Planning
Commission voted 8-1 in favor of the request. Staff recommends approval.:
Bart Bauer, Applicant: When I went for the zoning I was told I wouldn't be approved unless I
put in the NS. That came from the Planning Commission and my plans are nothing like that. Most
of this property is unusable. There are multiple ponds, floodplain, floodway, and huge change in
grade. The plans with NS is to do exactly what is across the street called, The Pines at Springwood,
and also doing residential lots. There's not going to ever be any density on this site.
Alderman Long: After speaking with some of my constituents, there was talk of a Bill of
Assurance being offered, if the city where to in their CIP plan for this year, improve the
infrastructure in the area to bring the streets up to a level that they could handle the amount of
traffic in the area. That hasn't been something that has been discussed by the Council. Can you
give us a little background on that discussion?
Bart Bower: In pricing the project out, I don't know if I can do it because there's not enough
density. The soil is quite bad and there is so much frontage. My infrastructure on Deane Solomon
is about$542,000. If I could get some help from the city, I would definitely do a Bill of Assurance
to do just a residential subdivision.
City Attorney Kit Williams: We can't negotiate a Bill of Assurance with you. It's either offered
with no strings attached by the developer to encourage the City Council to grant their rezoning
request or not.
A Bill of Assurance discussion followed.
Alderman Long: It is an environmentally sensitive area.
Bart Bauer: I've got a wetlands study. It eats up a lot more area too. I won't be invading into the
wetlands.
Jared Dunn, 3632 South Tower Circle requested the Council to be cautious before rezoning. He
stated he would like to have a park on the west side of town like Gulley Park.
Brian Sorensen, 2882 Purple Phlox stated his concerns about density, traffic, infrastructure, and
the environment.
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City Council Meeting Minutes
July 19,2016
Page 4 of 7
Alderman La Tour: The developer stated he may not have enough density because only half of
the land is developable. How would you address that issue?
Brian Sorensen: I don't know the economics. I would hate to force density on the property to
make a project work at the expense of the public.
Alderman Long: Can you tell us about the flooding in the area?
Brian Sorensen: I back up against Clabber Creek. The back of my property adjoins the Northwest
Arkansas Land Trust property. We see high water tables at my back fence. We have crawfish
infestations. We see water creep up over the banks of Clabber Creek and overtake the road. There
are engineering things that can be done,but the engineering requirements would be pretty great. I
don't know that any development is feasible.
Alderman Long: With the maximum density of this rezonifs- o you think the added concrete
k.
and roofs would amplify your problems?
Brian Sorensen: Certainly. It is going to send a lot more water down there.
Alderman La Tour: How far is your house from the nearest stream?
Brian Sorensen: My house is approximately 250 yards.
Alderman La Tour: Did you know the stream was there when you purchased?
affRS996S $$a. 'SSSSoo,o�_.
Brian Sorensen: I knew it was there. I had no clue about the water table. I went in knowing the
stream was there,but not exactly what the full scope of that stream meant for me and my property.
Carly Grace, 3069 Night Heron Drive wants more of a guarantee that Neighborhood Services
isn't going to turn into a 12 Alex or something denser. She discussed her environmental concerns
about developing the property. She wants the developer to offer a Bill of Assurance. She stated if
one developer were to try to get the city to help with roads it would take several months. She asked
if that would need to be done before they re-approach the City Council.
Mayor Jordan: It has to go through the budget processes that the City Council will have to decide
on. It would probably go through the Transportation Committee.
Carly Grace:-I hope the developer and the City Council can be patient so that we can develop
this area the right way.
Kyle Smith, 2801 Dove Drive stated he looks forward to the eventual development of the
Razorback Golf Course. He stated the development has to be the right development, but isn't
convinced this plan is as great as some of the neighbors think it is. He stated when a plan has
Neighborhood Services on Deane Solomon or all the way out to Mount Comfort, he will give it
his full support.
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City Council Meeting Minutes
July 19,2016
Page 5 of 7
Greg Smith, 3145 West Salem Road stated his concerns about density. He believes most of the
neighbors feel Mr. Bowers development plan is probably the best option they will ever have.
However, without some form of assurance if it falls through, it is hard to support the proposal.
JR Meeks, 2804 Purple Phlox stated he agreed with the prior speakers with concerns about
rezoning the property. He stated he would like to have a Bill of Assurance.
Wes Berry, 2875 Topaz voiced his concerns about flooding and density issues.
Jim Erwin, 2925 West Topaz voiced his concerns about flooding. He stated he would like to see
it rezoned to RSF-4.
Richard Noyce,2862 Meadowlark Drive voiced his concerns about flooding and sidewalk issues.
Lorraine O'Neal, 3001 West Wedington stated property that seems undevelopable, often times
can be developed more easily than expected. The worst case scenario could happen here.
Harold Hubbard, 2555 Vanike Drive voiced his concerns about density and flooding issues.
Linda Marquess, 2901Topaz Drive stated her concerns about sidewalks, roads, and safety.
John Thorn, 2319 Wolf Run Road voiced his concerns about not having a Bill of Assurance and
spoke in opposition of the rezoning.
Bart Bauer: In regards to flooding, there is a crossing with a bunch of culverts that are clogged.
At the north end there are two areas clogging up the water and it is caved in. If cleaned out, it
would make a big difference.
Mayor Jordan: On the north end?
Bart Bauer stated yes and gave a brief description of the area that is clogging up and not draining
well.
Don Marr, Chief of Staff. Those are on private property. They are part of this rezoning and are
not city property culverts.
Alderman Long: Are you aware that beavers were the main cause of the damage?
Bart Bauer: Yeah.
Alderman La Tour: Do you think you could put together a Bill of Assurance in the next week
or two?
Bart Bauer: Yes, I could look into it.
Alderman La Tour: It would be a wise thing to do.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteviIIe-ar.gov
City Council Meeting Minutes
July 19,2016
Page 6 of 7
City Attorney Kit Williams: Did you ever discuss rezoning through a Planned Zoning District
with the Planning Department? That is something that really doesn't require the engineering it
used too. It is just a zoning decision. You wouldn't be zoning high density any lands you believe
were undevelopable. That would bring your numbers way down and give some relief and
confidence to the neighbors that there wouldn't be a much bigger development. You could talk to
the Planning Department about that and potentially modify your current request.
Bart Bauer: Some of this wasn't my idea to get it zoned this way. I will look into that and see
what we can do.
This ordinance was left on the First Reading � �
Announcements:
Don Marr, Chief of Staff: The Gulley Park concert series has two final concerts for the summer.
The group will be F1ashBack on July 21, 2016 at 7:00 p.m.
The city is going through the first step of our technology upgrade and conversion. While the
conversion is taking place at the end of this week and over the weekend,it will have some minimal
impact on citizens' and their ability to make payments. On July 21, 2016 payments will not be
accepted after 4:00 p.m. On July 22,2016 only utility service payments will be accepted. All other
payments such as for dumpsters and impact fees will resume regular processing on July 25, 2016.
If you bring it by we will hold it,process it, and send you a receipt.You can make payments online
anytime.Payments made in that time period,prior to the due date or received by the due date,there
will be no late fees charged.
Alderman La Tour: There will be an election on August 9, 2016. It will be a new tax to the
library. Make plans to vote.
I supportthe Fayetteville Police Department.Every time they put on their uniforms they are putting
their lives in danger. They are there to protect you and me.
Alderman Long: There will be a Ward 4 meeting on July 25, 2016 at City Hall in Room 111 at
6:00 p.m.
Mayor Jordan: The tragic events in Minnesota, Louisiana, and Dallas leave me to understand
one thing, at the end of the day everybody wants to go home to their families. All lives matter and
all people matter. We need to focus our efforts on being a peaceful community. From black lives
to the lives of our police, to the lives of the LGBT community, our Latino community, and non-
native Americans as well. For all of our families, all lives matter. I believe in and work every day
to establish culture in Fayetteville. A fairness and quality to all people. We govern with an open
mind, open door, and open heart. Diversity is our strength and inclusion of all is the only way to
have a truly functional and welcoming community. I am proud of our police force for their
proactive approach to policies, protocols, and best practices in handling situations such as those
we have seen in the news recently. I continue to meet with leaders in our community on a regular
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City Council Meeting Minutes
July 19,2016
Page 7 of 7
basis to ask their assistance in helping us with our diversity and recruitment so that our police force
mirrors the types of diversity we see in our community. I want to assure all of you and the public
that all officers have appropriate training in the use of force and diversity training for all people,
regardless of skin color, religious beliefs, their dress, or who they love. Instances of brutality that
have been occurring elsewhere have no place in this community. In a time where it seems that all
we see around us is hate and violence, I see a better day. Martin Luther King Jr. said, "I believe
that unarmed truth and unconditional love will have the final word."
City Council Agenda Session Presentations:
Agenda Session Presentation- 2016 1 st and 2nd Quarter Economic Development Reports, Chung
Tan.
City Council Tour: None
Adjournment: 6:31 p.m.
Lioneld Jordan, Mayor Sondra E. Smith, City Clerk Treasurer
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov