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HomeMy WebLinkAbout2016-09-06 - 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 September 6, 2016 A meeting of the Fayetteville City Council was held on September 6, 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. Development Services Presentation- Jeremy Pate. 2. 2016 2nd Quarter Financial Report- Paul Becker. Agenda Additions A. Consent: 1. Approval of the August 16, 2016 City Council Meeting Minutes. Approved 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov 2. FISCHER SNACKS, LLC: A resolution to approve an amendment to the contract with Fischer Snacks, LLC to provide for operation of the soccer concession stand at Kessler Mountain Regional Park. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 154-16 3. GRUBBS, HOSKYN, BARTON & WYATT, INC. AMENDMENT NO. 1: A resolution to approve Amendment No. 1 to the contract with Grubbs, Hoskyn, Barton & Wyatt, Inc. for additional construction materials testing related to the addition of a parking lot at Kessler Mountain Regional Park in an amount not to exceed$2,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 155-16 4. RFP 16-02 JOHANSON CONSULTING, INC. D/B/A JOHANSON GROUP: A resolution to award RFP 16-02 and approve a one(1)year contract with automatic renewals for four (4) additional one (1) year terms with Johanson Consulting, Inc. d/b/a Johanson Group for a classification, compensation and benefits study in the amount of$45,725.00 for the first year,to approve an annual project contingency of$4,500.00 for ongoing market reviews and consulting services each year the contract is in effect, and to approve a one(1) year software license and support agreement with automatic renewals for four (4) additional one(1)year terms with DB Squared, LLC for DBCompensation Software in the amount of$1,200.00 per month for the first three years and $250.00 per month for the last two years. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 156-16 5. RFQ NO. 16-08 - FIRST SECURITY BANK PROFESSIONAL SERVICES CONTRACT: A resolution to award RFQ No. 16-08 and approve a five (5) year professional services contract with First Security Bank for the provision of Investment Management Services. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 157-16 6. BID NO. 16-36 DONELSON CONSTRUCTION CO.,LLC: A resolution to award bid No. 16-36 and approve a contract with Donelson Construction Co., LLC in the amount of $217,855.00 for asphalt micro-surfacing of city streets at a cost of$2.33 per square yard, and to approve a project contingency in the amount of$21,786.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 158-16 7. BID NO. 16-47 COUNTRYSIDE FARM AND LAWN EQUIPMENT COMPANY, INC.: A resolution to award bid no. 16-47 and approve the purchase of a Meyer V Force Spreader from Countryside Farm and Lawn Equipment Company, Inc. in the amount of $29,395.00 for use at the Biosolids Management Site. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 159-16 8. 2016 JUSTICE ASSISTANCE GRANT LOCAL SOLICITATION AWARD : A resolution acceptance of a 2016 Justice Assistance Grant Local Solicitation Award in the 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteviIIe-ar.gov amount of $81,531.00, of which $34,748.00 will be used by the Fayetteville Police Department, with $31,014.00 to be disbursed to the City of Springdale and $15,769.00 to Washington County, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 160-16 9. FLINTLOCK DEVELOPMENT, LLC COST SHARE AGREEMENT : A resolution to approve a 50/50 cost share agreement with Flintlock Development,LLC for construction of a sewer main along a portion of South Street between South College Avenue and East Huntsville Road at a total cost of$28,238.48. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 161-16 B. Public Hearing: 1. RAZE AND REMOVAL -HOLDINGS,LLC, 1503 NORTH GARLAND AVENUE : A resolution to order the razing and removal of a dilapidated and unsafe structure on property owned by C Holdings, LLC located at 1503 North Garland Avenue in the City of Fayetteville, Arkansas, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 162-16 C. Unfinished 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 AND TABLED TO THE SEPTEMBER 20, 2016 CITY COUNCIL MEETING. D. New Business: 1. VAC 16-5519 (INTERSECTION OF MCMILLAN DR. & WEDINGTON DR./FITNESS ONE GYM): An ordinance to approve vac 16-5519 submitted by Milholland and Associates,Inc.for property located at the intersection of McMillan Drive and Wedington Drive to vacate a portion of a utility easement. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5899 2. RZN 16-5508(NORTH OF COLFAX LOOP/THE COVES SD,PH.III):An ordinance to rezone that property described in rezoning petition rzn 16-5508 for approximately 35.98 acres located north of Colfax Loop from an expired r-pzd, residential planned zoning district to nc,neighborhood conservation and r-a, residential agricultural. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteviIIe-ar.gov PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5900 3. RZN 16-5500 (335 E. 7TH ST./NIEDERMAN)APPEAL :An ordinance to rezone that property described in rezoning petition rzn 16-5500 for approximately 0.23 acres located at 335 East 7th Street from nc,neighborhood conservation to dg, downtown general. THIS ORDINANCE WAS LEFT ON THE FIRST READING. 4. AMEND § 151.01 DEFINITIONS, § 174.03 EXEMPTIONS; § 174.04, § 174.10 ON- SITE FREESTANDING SIGNS AND § 174.12 WALL SIGNS: An ordinance to amend § 151.01 definitions, § 174.03 exemptions; § 174.04, § 174.10 on-site freestanding signs and § 174.12 wall signs to more closely conform to the latest united states supreme court decisions on sign ordinances and to declare an emergency. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5901 City Council Tour Announcements Adjournment: 6:59 p.m. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting: September 6,2016 Adjourn: L5-9' Subject: Roll Schoppmeyer La Tour Long Gray l'p,F ii Marsh Kinion Petty Tennant Mayor Jordan y. g�U Subject: Motion To: Motion By: Seconded: Schoppmeyer La Tour Long Gray Marsh Kinion Petty Tennant Mayor Jordan City Council Meeting: September 6,2016 Subject: Consent Motion To: �9 Motion By: P Seconded: A.1 -A.9 Schoppmeyer f La Tour re Long t� R'1(� O Gray Marsh c/ Kinion , Off"V—AJ Petty (5 4- (U Tennant Mayor Jordan Subject: Motion To: Motion By: Seconded: Schoppmeyer La Tour Long Gray Marsh Kinion Petty Tennant Mayor Jordan City Council Meeting: September 6,2016 Subject: RAZE AND REMOVAL -HOLDINGS,LLC, 1503 NORTH GARLAND AVENUE Motion To: Motion By: Seconded: B. 1 Schoppmeyer Public La Tour �r Hearing Long Gray Marsh _�---�—� Kinion Petty " Tennant Mayor Jordan Subject: Motion To: Motion By: Seconded: Schoppmeyer La Tour Long Gray Marsh Kinion Petty Tennant Mayor Jordan City Council Meeting: September 6,2016 Subject: RZN 16-5442 (2514 W. LORI RD./RAZORBACK GOLF COURSE) Motion To: " J a Motion By: .� Seconded: C. 1 Schoppmeyer Unfinished La Tour ✓ �� Business Long Gray ' Marsh Kinion Petty Tennant * Mayor Jordan -0 Subject: Motion To: Motion By: Seconded: Schoppmeyer La Tour Long Gray Marsh Kinion Petty Tennant Mayor Jordan City Council Meeting: September 6,2016 Subject: VAC 16-5519 INTERSECTION OF MCMILLAN DR. &WEDINGTON DR./FITNESS ONE GYM) Motion To: Motion By: v yfe. Seconded: , ,. D. 1 Schoppmeyer °" New La Tour ,/ f Business Long �✓ Gray Marsh Kinion ;f. t.�w. a(� Petty t Tennant bye,. Mayor Jordan Subject: RZN 16-5508 (NORTH OF COLFAX LOOP/THE COVES SD, PH. III) Motion To: " Motion By: Seconded: D. 2 Schoppmeyer New La Tour Business Long r Gray (/ Marsh Kinion _ Petty , Tennant Mayor Jordan City Council Meeting: September 6,2016 Subject: RZN 16-5500 (335 E. 7TH ST./NIEDERMAN)APPEAL Motion To: Motion By: Seconded: D. 3 Schoppmeyer New La Tour Business Long Gray Marsh Kinion Petty Tennant Mayor Jordan Subject: AMEND § 151.01 DEFINITIONS, § 174.03 EXEMPTIONS; § 174.04, § 174.10 ON-SITE FREE TANDING SIGNSAND 6 174.12 WALL SIGNS Motion To: y � 3ya Motion By: �_e Seconded: D. 4 Schoppmeyer ,/ Al' New La Tour 6!/ Business Long Gray /V -~''� Marsh ° Al ,d Kinion r � Petty Tennant Mayor Jordan City Council Meeting: Subject: �� d Motion To: Motion By: Seconded: Schoppmeyer La Tour /V /✓ Long Gray Marsh 'pion Petty 1/ Tennant Mayor Jordan Subject: Motion To: Motion By: Seconded: Schoppmeyer La Tour Long Gray Marsh Kinion Petty Tennant Mayor Jordan AL 41 X DEPARTMENTAL CORRESPONDENCE � OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington TO: Mayor Jordan Assistant CityAttorney Patti Mulford THRU: Sondra Smith, City Clerk Paralegal FROM: Kit Williams,City Attorney DATE: September 7,2016 - RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of September 6,2016 1. A resolution to approve an amendment to the contract with Fischer Snacks, LLC to provide for operation of the soccer concession stand at Kessler Mountain Regional Park. 2. A resolution to approve amendment no. 1 to the contract with Grubbs,Hoskyn,Barton & Wyatt, Inc. for additional construction materials testing related to the addition of a parking lot at Kessler Mountain Regional Park in an amount not to exceed $2,000.00. 3. A resolution to award RFP 16-02 and approve a one (1) year contract with automatic renewals for four(4)additional one(1)year terms with Johanson Consulting,Inc. D/B/A Johanson Group for a classification, compensation and benefits study in the amount of $45,725.00 for the first year, to approve an annual project contingency of $4,500.00 for ongoing market reviews and consulting services each year the contract is in effect,and to approve a one (1) year software license and support agreement with automatic renewals for four (4) additional one (1) year terms with DB Squared, LLC for dbcompensation software in the amount of $1,200.00 per month for the first three years and $250.00 per month for the last two years. 4. A resolution to award RFQ no. 16-08 and approve a five (5) year professional services contract with First Security Bank for the provision of investment management services. 5. A resolution to award Bid No. 16-36 and approve a contract with Donelson Construction Co., LLC in the amount of $217,855.00 for asphalt micro-surfacing of city streets at a cost of $2.33 per square yard, and to approve a project contingency in the amount of$21,786.00. 6. A resolution to award Bid No. 16-47 and approve the purchase of a Meyer V Force Spreader from Countryside Farm and Lawn Equipment Company, Inc. in the amount of $29,395.00 for use at the Biosolids Management Site. 7. A resolution authorize acceptance of a 2016 Justice Assistance Grant Local Solicitation Award in the amount of$81,531.00, of which $34,748.00 will be used by the Fayetteville Police Department, with $31,014.00 to be disbursed to the City of Springdale and $15,769.00 to Washington County, and to approve a budget adjustment. 8. A resolution to approve a 50/50 cost share agreement with Flintlock Development, LLC for construction of a sewer main along a portion of South Street between South College Avenue and East Huntsville road at a total cost of$28,238.48. 9. A resolution to order the razing and removal of a dilapidated and unsafe structure on property owned by C Holdings, LLC located at 1503 North Garland Avenue in the City of Fayetteville, Arkansas, and to approve a budget adjustment. 10. An ordinance to approve VAC 16-5519 submitted by Milholland and Associates, Inc. for property located at the intersection of Mcmillan Drive and Wedington Drive to vacate a portion of a utility easement. 11. An ordinance to rezone that property described in rezoning petition RZN 16-5508 for approximately 35.98 acres located north of Colfax Loop from an expired R-PZD, Residential Planned Zoning District to NC, Neighborhood Conservation and R-A, Residential Agricultural. 12. An ordinance to amend § 151.01 Definitions, § 174.03 Exemptions; § 174.04, § 174.10 On- Site Freestanding Signs and § 174.12 Wall Signs to more closely conform to the latest United States Supreme Court decisions on sign ordinances and to declare an emergency. 2 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 e 0\_ 0 e�. Y u Meeting Agenda - Final Agenda Tuesday, September 6, 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 September 6,2016 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations,Reports and Discussion Items: 1. 2016-0366 DEVELOPMENT SERVICES PRESENTATION-JEREMY PATE 2. 2016-0381 2016 2ND QUARTER FINANCIAL REPORT-PAUL BECKER Agenda Additions: A. Consent: A. 1 2015-0654 APPROVAL OF THE AUGUST 16, 2016 CITY COUNCIL MEETING MINUTES. A. 2 2016-0371 FISCHER SNACKS,LLC: A RESOLUTION TO APPROVE AN AMENDMENT TO THE CONTRACT WITH FISCHER SNACKS, LLC TO PROVIDE FOR OPERATION OF THE SOCCER CONCESSION STAND AT KESSLER MOUNTAIN REGIONAL PARK Attachments: FISCHER SNACKS,LLC City of Fayetteville,Arkansas Page 2 Printed on 91112016 City Council Meeting Meeting Agenda-Final Agenda September 6,2016 A. 3 2016-0384 GRUBBS,HOSKYN,BARTON&WYATT,INC.AMENDMENT NO. 1: A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE CONTRACT WITH GRUBBS, HOSKYN, BARTON & WYATT, INC. FOR ADDITIONAL CONSTRUCTION MATERIALS TESTING RELATED TO THE ADDITION OF A PARKING LOT AT KESSLER MOUNTAIN REGIONAL PARK IN AN AMOUNT NOT TO EXCEED $2,000.00 Attachments: GRUBBS,HOSKYN,BARTON&WYATT,INC.AMENDMENT NO. 1 A. 4 2016-0372 RFP 16-02 JOHANSON CONSULTING,INC.D/B/A JOHANSON GROUP: A RESOLUTION TO AWARD RFP 16-02 AND APPROVE A ONE (1) YEAR CONTRACT WITH AUTOMATIC RENEWALS FOR FOUR (4) ADDITIONAL ONE (1) YEAR TERMS WITH JOHANSON CONSULTING, INC. D/B/A JOHANSON GROUP FOR A CLASSIFICATION, COMPENSATION AND BENEFITS STUDY IN THE AMOUNT OF $45,725.00 FOR THE FIRST YEAR, TO APPROVE AN ANNUAL PROJECT CONTINGENCY OF $4,500.00 FOR ONGOING MARKET REVIEWS AND CONSULTING SERVICES EACH YEAR THE CONTRACT IS IN EFFECT, AND TO APPROVE A ONE (1) YEAR SOFTWARE LICENSE AND SUPPORT AGREEMENT WITH AUTOMATIC RENEWALS FOR FOUR (4) ADDITIONAL ONE (1) YEAR TERMS WITH DB SQUARED, LLC FOR DBCOMPENSATION SOFTWARE IN THE AMOUNT OF $1,200.00 PER MONTH FOR THE FIRST THREE YEARS AND $250.00 PER MONTH FOR THE LAST TWO YEARS Attachments: RFP 16-02 JOHANSON CONSULTING,INC.D/B/A JOHANSON GROUP A. 5 2016-0387 RFQ NO. 16-08-FIRST SECURITY BANK PROFESSIONAL SERVICES CONTRACT: A RESOLUTION TO AWARD RFQ NO. 16-08 AND APPROVE A FIVE (5) YEAR PROFESSIONAL SERVICES CONTRACT WITH FIRST SECURITY BANK FOR THE PROVISION OF INVESTMENT MANAGEMENT SERVICES Attachments: FIRST SECURITY BANK PROFESSIONAL SERVICES CONTRACT City of Fayetteville,Arkansas Page 3 Printed on 91112016 City Council Meeting Meeting Agenda-Final Agenda September 6,2016 A. 6 2016-0373 BID NO. 16-36 DONELSON CONSTRUCTION CO.,LLC: A RESOLUTION TO AWARD BID NO. 16-36 AND APPROVE A CONTRACT WITH DONELSON CONSTRUCTION CO., LLC IN THE AMOUNT OF $217,855.00 FOR ASPHALT MICRO-SURFACING OF CITY STREETS AT A COST OF $2.33 PER SQUARE YARD, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF$21,786.00 Attachments: BID NO. 16-36 DONELSON CONSTRUCTION CO.,LLC A. 7 2016-0379 BID NO. 16-47 COUNTRYSIDE FARM AND LAWN EQUIPMENT COMPANY, INC.: A RESOLUTION TO AWARD BID NO. 16-47 AND APPROVE THE PURCHASE OF A MEYER V FORCE SPREADER FROM COUNTRYSIDE FARM AND LAWN EQUIPMENT COMPANY, INC. IN THE AMOUNT OF $29,395.00 FOR USE AT THE BIOSOLIDS MANAGEMENT SITE Attachments: BID NO. 16-47 COUNTRYSIDE FARM AND LAWN EQUIPMENT COMPANY,IN A. 8 2016-0383 2016 JUSTICE ASSISTANCE GRANT LOCAL SOLICITATION AWARD: A RESOLUTION AUTHORIZE ACCEPTANCE OF A 2016 JUSTICE ASSISTANCE GRANT LOCAL SOLICITATION AWARD IN THE AMOUNT OF $81,531.00, OF WHICH $34,748.00 WILL BE USED BY THE FAYETTEVILLE POLICE DEPARTMENT, WITH $31,014.00 TO BE DISBURSED TO THE CITY OF SPRINGDALE AND $15,769.00 TO WASHINGTON COUNTY,AND TO APPROVE A BUDGET ADJUSTMENT Attachments: SRP-JAG Local 2016 BA-JAG Local 2016 City of Fayetteville,Arkansas Page 4 Printed on 91112016 City Council Meeting Meeting Agenda-Final Agenda September 6,2016 A. 9 2016-0407 FLINTLOCK DEVELOPMENT,LLC COST SHARE AGREEMENT: A RESOLUTION TO APPROVE A 50150 COST SHARE AGREEMENT WITH FLINTLOCK DEVELOPMENT, LLC FOR CONSTRUCTION OF A SEWER MAIN ALONG A PORTION OF SOUTH STREET BETWEEN SOUTH COLLEGE AVENUE AND EAST HUNTSVILLE ROAD AT A TOTAL COST OF $28,238.48 Attachments: Agenda Packet Flintlock Development B. Public Hearing: B. 1 2016-0377 RAZE AND REMOVAL-HOLDINGS,LLC, 1503 NORTH GARLAND AVENUE: A RESOLUTION TO ORDER THE RAZING AND REMOVAL OF A DILAPIDATED AND UNSAFE STRUCTURE ON PROPERTY OWNED BY C HOLDINGS, LLC LOCATED AT 1503 NORTH GARLAND AVENUE IN THE CITY OF FAYETTEVILLE, ARKANSAS,AND TO APPROVE A BUDGET ADJUSTMENT Attachments: RAZE AND REMOVAL-HOLDINGS,LLC, 1503 NORTH GARLAND AVENUE BA RAZE AND REMOVAL-HOLDINGS,LLC, 1503 NORTH GARLAND AVEN C. Unfinished Business: C. 1 2016-0328 THIS ORDINANCE MAY BE REMOVED FROM THE TABLE AT THE SEPTEMBER 6,2016 CITY COUNCIL MEETING 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) City of Fayetteville,Arkansas Page 5 Printed on 91112016 City Council Meeting Meeting Agenda-Final Agenda September 6,2016 At the August 2, 2016 City Council Meeting this ordinance was tabled indefinetly. At the July 19, 2016 this ordinance was left on the first reading. D. New Business: D. 1 2016-0376 VAC 16-5519(INTERSECTION OF MCMILLAN DR. &WEDINGTON DR./FITNESS ONE GYM): AN ORDINANCE TO APPROVE VAC 16-5519 SUBMITTED BY MILHOLLAND AND ASSOCIATES, INC. FOR PROPERTY LOCATED AT THE INTERSECTION OF MCMILLAN DRIVE AND WEDINGTON DRIVE TO VACATE A PORTION OF A UTILITY EASEMENT Attachments: VAC 16-5519(INTERSECTION OF MCMILLAN DR.&WEDINGTON DR./FITNE; D. 2 2016-0378 RZN 16-5508(NORTH OF COLFAX LOOP/THE COVES SD,PH.III): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5508 FOR APPROXIMATELY 35.98 ACRES LOCATED NORTH OF COLFAX LOOP FROM AN EXPIRED R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT TO NC, NEIGHBORHOOD CONSERVATION AND R-A, RESIDENTIAL AGRICULTURAL Attachments: RZN 16-5508(NORTH OF COLFAX LOOP/THE COVES SD,PH.III) D. 3 2016-0382 RZN 16-5500 (335 E. 7TH ST./NIEDERMAN)APPEAL: AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5500 FOR APPROXIMATELY 0.23 ACRES LOCATED AT 335 EAST 7TH STREET FROM NC, NEIGHBORHOOD CONSERVATION TO DG, DOWNTOWN GENERAL Attachments: 16-5500 RZN CC Appeal City of Fayetteville,Arkansas Page 6 Printed on 91112016 City Council Meeting Meeting Agenda-Final Agenda September 6,2016 D. 4 2016-0380 AMEND § 151.01 DEFINITIONS,§ 174.03 EXEMPTIONS; § 174.04,§ 174.10 ON-SITE FREESTANDING SIGNS AND § 174.12 WALL SIGNS: AN ORDINANCE TO AMEND § 151.01 DEFINITIONS, § 174.03 EXEMPTIONS; § 174.04, § 174.10 ON-SITE FREESTANDING SIGNS AND § 174.12 WALL SIGNS TO MORE CLOSELY CONFORM TO THE LATEST UNITED STATES SUPREME COURT DECISIONS ON SIGN ORDINANCES AND TO DECLARE AN EMERGENCY Attachments: AMEND§ 151.01 DEFINITIONS,§ 174.03 EXEMPTIONS;§ 174.04,§ 174.10 ON-S. E. City Council Agenda Session Presentations: F. City Council Tour: G. Announcements: H. 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 91112016 City Council Meeting Meeting Agenda-Final Agenda September 6,2016 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 91112016 Added at the August 30, 2016 City Council Agenda Session Legistar ID No.: 2016-0407 AGENDA REQUEST FORM FOR: Council Meeting of September 6, 2016 FROM: City Council Member Mark Kinion ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO APPROVE A 50/50 COST SHARE AGREEMENT WITH FLINTLOCK DEVELOPMENT, LLC FOR CONSTRUCTION OF A SEWER MAIN ALONG A PORTION OF SOUTH STREET BETWEEN SOUTH COLLEGE AVENUE AND EAST HUNTSVILLE ROAD AT A TOTAL COST OF $28,238.48 APPROVED FOR AGENDA: City ouncil Mein er Mark Kinion Date Assistant City Attorney Blake Pennington Date (as to form) CITY OF • , l STAFF MEMO ARKANSAS TO: Mayor and City Council THRU: Don Marr, Chief of Staff Water & Sewer Committee FROM: Tim Nyander, Utilities Director DATE: August 30, 2016 SUBJECT: Cost Share Agreement with Flintlock Development, LLC RECOMMENDATION: Staff recommends approval of a cost-share agreement between the City of Fayetteville and Flintlock Development, LLC, to share the costs of installing a sewer main in South Street between E. College Avenue and E. Huntsville Road. The estimated total cost of the project is $28,238.48, with a 20% contingency. The cost share for Flintlock is one-half the estimated project cost and contingency, in the amount of is $14,119.24. BACKGROUND: Flintlock Development has requested that the City construct and share in the cost of installing an 8-inch sewer main on a portion of South Street between S. College Avenue and E. Huntsville Road, a distance of approximately 390 feet, so that the Flintlock may further develop the property adjacent to South Street. DISCUSSION: This cost-share is providing sewer service to an infill project, increasing the population density in this area. This area is not currently provided sewer service. Additionally, the addition of the 8- inch main will also allow for ample future capacity which will be necessary for that area. BUDGET/STAFF IMPACT: The Water& Sewer Division will be able to provide the labor and equipment needed without impeding upon the overall mission of the Utilities Department. Attachments: Staff Review Form Cost-Share Agreement Map of Area Mailing Address: 113 W. Mountain Street www.fayettevilie-ar.gov Fayetteville, AR 72701 CONTRACTUAL AGREEMENT FOR COST SHARE OF SEWER MAIN INSTALLATION COSTS This Agreement, made and entered into on this day of September, 2016, by and between the City of Fayetteville, Arkansas ("City") and Flintlock Development, LLC ("Flintlock"), witnesseth: WHEREAS, Flintlock has requested that the City construct and share in the cost of constructing an 8-inch sewer main along a portion of South Street between S. College Ave. and E. Huntsville Road, a distance of approximately 390 feet, so that Flintlock may further develop the property adjacent to South St.; and WHEREAS, constructing this segment of 8-inch main will allow Flintlock to develop the property, and also allow for ample future capacity which the City recognizes will be necessary for the area that is served by this sewer main; and WHEREAS, § 51.113 of the Fayetteville City Code provides that"the City shall pay the excess material cost of facilities of a size larger than required to service subdivisions when such excess size is specified and required by the water and wastewater director for the general benefit of the sewerage system." NOW, THEREFORE, the City of Fayetteville, Arkansas and Flintlock Development, LLC agree as follows: 1. The City of Fayetteville, Arkansas agrees to: A. Furnish the labor, materials, and equipment to install approximately 390 linear feet of 8-inch sewer main on South Street between S. College Ave. and E. Huntsville Rd. B. Bear any costs associated with the sewer main installation that exceed the amount Flintlock agrees to pay below. 2. Flintlock Development, LLC agrees to: A. Reimburse the City for one-half of the cost of the sewer main installation up to a maximum-not-to-exceed amount of$14,119.24 which represents one-half of the project cost and one-half of the contingency cost estimated by the City of Fayetteville. B. Make payment to the City of Fayetteville within thirty(30)days after receipt of a valid invoice. Page 1 of 2 IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: FLINTLOCK DEVELOPMENT, LLC CITY OF FAYETTEVILLE, ARKANSAS �' By. �_ By: AI,L 'ON THURMOND QUINLAN LIONELD JORDAN,Mayor ivianaging Member ATTEST: ATTEST: By-! t.' By: SONDRA SMITH, City Clerk HAILEY KING Arkansas-Washington County Notary Public -Comm # 12696403 My Commission Expires Jan 18,2026 Page 2 of 2 2 ~ � o _ � o e La � z � . k %A � � k a _ . � -- � 6 � . , � La L& _ zIn _ \ L : -1 -j ., � fin 40C , L"WX \ | u u LL � z - � � � - a ■ , ■ _ « - $ 2 5 "j.© a q 3 2 > / x La LOL, - q � wu � L& La A Ll o e 2 L | b � ) � k m _ ` [ City Council Meeting Minutes August 16,2016 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 August 16, 2016 A meeting of the Fayetteville City Council was held on August 16, 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: Fayetteville Natural Heritage Association Check Presentation Jennifer Ogle,Chair of the Fayetteville Natural Heritage Association: We are a local organization that is committed to conserving natural areas in Fayetteville. We are a funding partner in the acquisition of Kessler Mountain. We have committed to raising $300,000 to help cover a portion of the purchase price of this important urban natural area. Thank you for reserving a portion of that money towards doing some really great opportunities for Kessler Mountain. Thank you for your dedication to conservation in Fayetteville. I would like to present a check for $60,000. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 16,2016 Page 2 of 10 Mayor Jordan: This is not the first time we have partnered with the Fayetteville Natural Heritage Association. You have always been a great partner for us. You always put your heart into this city and your investments. Thank you on behalf of myself, citizens, and the City Council for this wonderful check. Consent: Approval of the August 2, 2016 City Council Meeting Minutes. Approved NWA Regional Airport and NWA Council Foundation Coop Agr.: A resolution to approve the cooperative agreement between the City of Fayetteville,Northwest Arkansas Regional Airport (XNA), and the Northwest Arkansas Council Foundation regarding the placement of wayfinding signs directing travelers to and from the airport within the public rights-of-way at no cost to the city. Resolution 150-16 as recorded in the office of the City Clerk Mitchell,Williams,Selig,Gates&Woodyard,PLLC: A resolution to approve Amendment No. 4 to the contract with Mitchell, Williams, Selig, Gates & Woodyard, PLLC in the amount of $15,000.00 for additional legal services related to the White River water quality standards petition to the Arkansas Pollution Control and Ecology Commission, and to approve a budget adjustment. Resolution 151-16 as recorded in the office of the City Clerk CDI Contractors,LLC: A resolution to approve a budget adjustment in the amount of$11,820.00 recognizing revenue from CDI Contractors, LLC for its share of costs for repairs to Wilson Avenue. Resolution 152-16 as recorded in the office of the City Clerk Alderman Petty moved to accept the Consent Agenda as read. Alderman Marsh seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: 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 Committee. Alderman Tennant: The Ordinance Review Committee met. We heard from members of the public. We had a good discussion with the committee members as well as city staff. Thank you to 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 16,2016 Page 3 of 10 city staff for their participation. Kit and Andrew gave us some good changes I thought needed to be made and the committee voted unanimously in that same way. Kit will give an overview of a couple of proposed changes. City Attorney Kit Williams: The committee favored what Planning had suggested. They focused the ordinance and code section on truly small lots, which are now 50 feet wide and smaller. This resolves a lot of the issues that we had. Secondly, in the purpose section, I kept what was in there already,but added aesthetics,that was something that can support this ordinance.As City Attorney I would like to see this because that has been recognized by the Supreme Court as a valid concern of the cities. If this ordinance was ever challenged I would like to have that in there to defend the ordinance. I spoke to the Ordinance Review Committee and said I might want to put back in some of the wording that Planning had initially removed. That wording was, when a garage opening might be more than 50% of the front of the facade of the house, which if you are going to have a two car garage and a very small lot it might be more than 50%. It might be impossible not to build it that way. What Planning had in before we replaced. It has to be a two story house so that the second story would have windows facing the front and/or you could have a deck or balcony that would extend up to be flush with the garage for both aesthetic reasons and to keep eyes on the street. Rather than reading an ordinance we don't need anymore, I would like a motion to do what the Ordinance Review Committee unanimously recommended and to change the current ordinance to the one that has been presented to you tonight. Alderman Tennant stated these changes need to be made for both the current developer that has the situation and anything else. He stated some hard work is going to have to go into making some big changes and this is the way to do it right now. A discussion followed about the amendment procedure. Alderman La Tour: I voted as part of the unanimous vote in the Ordinance Review Committee for this change. We are losing our freedom when the city can tell you where to place your garage. That decision should be made by the homeowner, his builder, and architect. I voted for this provision because it is lessening the impact. It is disrespectful to people to call their home a snout house. Some people enjoy having their garages a little ahead of their front door. I would like for City Council to refrain from calling it a snout house in our publications and discussions. Alderman Marsh: What happened to the part about affordable housing?It was my understanding that was the primary motivation behind looking at this ordinance. City Attorney Kit Williams: The affordable housing was in relation to if we were going to have a variance procedure in front of the City Council. The variance procedure will no longer be part of this ordinance if you agree to this amendment. I thank Alderman Schoppmeyer for sponsoring the previous proposed amendment. Part of the reason for that was to make sure the City Council knew there had been some problems with this particular ordinance. I didn't want to suggest any real substantive changes. This is the recommendation of the Planning Department to make these modifications and I join in that recommendation. This is the reason I didn't talk about affordable or attainable housing since that variance procedure is no longer part of that ordinance. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 16,2016 Page 4 of 10 Alderman Marsh: This is no longer about creating affordable housing.It is about making it easier for developers? City Attorney Kit Williams: It does help affordable housing. If we had continued with the ordinance where it's less than 70 feet and you have to have the garages recessed and not just flush, then that could be expensive for homebuyers. Even though this isn't the major purpose of this particular ordinance, it is one affect in helping affordability and attainability of houses. Mark Marquess,Riverwood Homes thanked staff,Kit Williams,Mayor Jordan, and City Council for being a champion of affordable housing. He spoke in favor of the amendment. Aaron Worth, Cobblestone Homes voiced his concerns about the ordinance. He believes that 50 foot is a step in the right direction. He stated he is building houses as affordable as possible. Lorraine O'Neal,3001 West Wedington thanked the Ordinance Review Committee for their work on the ordinance. She stated it is a step in the right direction. 4'. Alderman Marsh: We just received this information today. I have an issue with sending it to the third reading. When we pass these too quickly the media doesn't have time to report it. Citizens aren't aware of what we are doing and don't have an opportunity to give feedback. A discussion followed about leaving it on the third reading or tabling the item. Alderman La Tour stated it shouldn't be delayed another two weeks. a°�258868. 8$a. 'SSSSop o�: Alderman Petty moved to amend the ordinance to the new ordinance that City Attorney Williams presented. Alderman Schoppmeyer seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams: The only reason I'm asking for you to suspend the rules and go to the third and final reading is because we haven't actually read this before. If anybody would want to challenge this procedurally, that motion would be enough to qualify for three readings at this point. Alderman Marsh: Because we haven't read it before it is important to hold it where it is and give the community an opportunity to learn what we are doing. Alderman Schoppmeyer moved to suspend the rules and go to the third and final reading. Alderman Long seconded the motion. Upon roll call the motion passed 7-1. Alderman Marsh voting no. City Attorney Kit Williams read the ordinance. Alderman Petty: I am going to support this. This is part of a broader recognition we need to have as a Council and as administration. Our design standards are written incorrectly, if not broken. I'm not saying we should throw them out,but they need to be recalibrated according to what we already 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov