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HomeMy WebLinkAbout2019-08-06 - Agendas - ArchiveCouncil Member Sonia Gutierrez Ward 1 Position 1 Council Member Sarah Marsh Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Matthew Petty Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra E. Smith City of Fayetteville Arkansas City Council Meeting August 6, 2019 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Kyle Smith Ward 4 Position 2 A meeting of the Fayetteville City Council was held on August 6, 2019 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: None City Council Meeting Presentations, Reports, and Discussion Items Paul Becker, 2018 CAFR Report Monthly Financial Report - Paul Becker Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov Agenda Additions: Northwest Arkansas Nutrient Trading Research and Advisory Group (NANTRAG): A resolution to request that the Northwest Arkansas Nutrient Trading Research and Advisory Group (NANTRAG) consider amending the proposed regulation for nutrient trading to more closely conform to the attached. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 173-19 A. Consent 1. Approval of the July 16, 2019 City Council Meeting Minutes. APPROVED 2. Fleming Electric, Inc.: A resolution to authorize the purchase of four electrical junction boxes and the repair of an electrical conduit for the biological treatments units at the West Side Wastewater Treatment Facility for the total amount of $18,704.00 plus applicable taxes and freight charges, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 174-19 3. Jack Tyler Engineering, Inc.: A resolution to authorize the purchase of a pump for the solids handling odor control system at the Paul R. Noland Wastewater Treatment Facility from Jack Tyler Engineering, Inc. in the amount of $10,900.00 plus applicable taxes and freight charges, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 175-19 4. Nabholz Industrial Services: A resolution to accept a quote in the amount of $9,423.36 plus applicable taxes from Nabholz Industrial Services for the installation of a fill auger and scrubber -condenser for the thermal dryer at the Biosolids Management Site, to approve a project contingency in the amount of $1,500.00, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 176-19 5. Bid #19-36 AVO Multi -Amp Corporation d/b/a Megger: A resolution award Bid #19-36 and authorize the purchase of water leak detection equipment from AVO Multi -Amp Corporation d/b/a Megger Group in the amount of $60,990.00 for use by the Water and Sewer Operations Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 177-19 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov 6. Bid # 19-34 Kansas Salt, LLC: A resolution to award Bid # 19-34 and authorize the purchase of bulk crushed rock salt from Kansas Salt, LLC for $50.00 per ton for materials picked up and $95.00 per ton for materials delivered as needed, and to authorize the use of Central Salt, LLC as a secondary supplier. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 178-19 7. American Electric Power: A resolution to authorize a contract with AEP/SWEPCO for utility relocations associated with the construction of the Cedarwood and Glenwood Drainage Improvements Project, with the amount to be paid by the City of Fayetteville not to exceed $30,697.03. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 179-19 8. NWA Trailblazers: A resolution to authorize a contract with Bentonville/Bella Vista Trailblazer's Association, Inc. d/b/a NWA Trailblazers for the design and construction of Phase 1 of the soft surface cycling infrastructure for Centennial Park at Millsap Mountain. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 180-19 B. Unfinished Business: RZN 19-6666 (119 & 127 S. West St./Canfield): An ordinance to rezone that property described in rezoning petition RZN 19-6666 for approximately 0.40 acres located at 119 and 127 South West Avenue from NC, Neighborhood Conservation to MSC, Main Street/Center. At the July 2, 2019 City Council Meeting this item was left on the first reading. At the July 16, 2019 City Council Meeting this item was left on the second reading. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6210 2. Amend §161.29 Neighborhood Conservation: An ordinance to amend §161.29 Neighborhood Conservation of the Fayetteville Unified Development Code to change the lot width minimum for all dwelling types to 40 feet. At the July 16, 2019 City Council Meeting this item was left on the first reading. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6211 3. Amend §72.18, Residential Parking Permit Program for the Entertainment District Parking Zone: An ordinance to amend §72.18, Residential Parking Permit Program for the Entertainment District Parking Zone of the Fayetteville City Code to convert portions of restricted residential -only parking along Locust Avenue and Lafayette Street and portions of paid -only on -street parking along Vandeventer Avenue, Lafayette Street, and Church Avenue to mixed-use parking areas. At the July 16, 2019 City Council Meeting this item was left on the first reading. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov THIS ITEM WAS LEFT ON THE SECOND READING 4. Amend Chapter 157, Notification and Public Hearings: An ordinance to amend Chapter 157, Notification and Public Hearings of the Fayetteville Unified Development Code by expanding the notification requirements for public hearings on applications for developments, annexations, zoning map amendments, conditional use permits, zoning variances, and large site improvement plans. At the July 16, 2019 City Council Meeting this item was left on the first reading. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6212 C. New Business: 1. 2020 Employee Benefits Package: A resolution to approve the 2020 Employee Benefits Package. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 181-19 2. RZN 19-6708 (NW of Rupple Rd. & Faith St./Sloanbrooke Ph. IV): An ordinance to rezone that property described in rezoning petition RZN 19-6708 for approximately 3.08 acres located Northwest of Rupple Road and Faith Street from R -A, Residential Agricultural and NC, Neighborhood Conservation to NC, Neighborhood Conservation and R -A, Residential Agricultural. THIS ITEM WAS LEFT ON THE FIRST READING 3. RZN 19-6710 (1520 E. Huntsville Rd./Tamijani): An ordinance to rezone that property described in rezoning petition RZN 19-6710 for approximately 0.80 acres located at 1520 East Huntsville Road from RSF-4, Residential Single Family, 4 units per acre to NS -G, Neighborhood Services -General. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6213 4. VAC 19-6712 (155 N. Fletcher Ave./Enlighten Homes): An ordinance to approve VAC 19- 6712 for property located at 155 North Fletcher Avenue to vacate a portion of street right-of- way. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6214 5. Blocker Wallace Service, LLC: An ordinance to waive competitive bidding and accept a quote in the amount of $31,550.00 plus applicable taxes and freight charges from Blocker & Wallace Service, LLC for the repair of two cyclo -blowers for the Westside Wastewater Treatment Facility, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6215 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov 6. Washington County Northwest Arkansas Crisis Stabilization Unit MOU: A resolution to approve a Memorandum of Understanding between the City of Fayetteville and Washington County for the city to use the Northwest Arkansas Crisis Stabilization Unit at no cost through 2019 with a fee of $40.00 per day for each individual the city sends for treatment beginning on January 1, 2020. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 182-19 Announcements City Council Agenda Session Presentations Agenda Session Presentation — Police Department Presentation City Council Tour: None Adjournment: 8:03 p.m. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting: August 6, 2019 Adjourn: 8 ; ✓ 3 pM Subject: Roll 77 n --- -- P' - Bunch �Ojd( Turk L Smith a ,i Snn r Gutierrez Walk On �. ) V d 41f \�3f Bunch Marsh Turk �/ Kinion f Smith Petty Gutierrez Scroggin Marsh Mayor Jordan ✓ Kinion f J Subject: NORTWEST ARKANSAS NUTRIENT TRADING RESEARCH AND ADVISORY GROUP (NANTRAG) PROPOSED REGULATION 2019-0473 Motion To: �Ojd( Motion By: L Seconded:'-(-� Snn r Walk On �. ) V d 41f \�3f Bunch Turk �/ ✓ Smith Gutierrez Marsh Kinion Petty Scroggin Mayor Jordan City Council Meeting: August 6, 2019 Subject: Consent Motion To: Motion By: M? Seconded: A. 1- A. 8 g d _ Bunch Turk U/ Smith Gutierrez Marsh Kinion �l Petty-,�- Scroggin Mayor Jordan Mayor Jordan `7 v Subject: Motion To: Motion By: Seconded: Bunch Turk Smith Gutierrez Marsh Kinion Petty Scroggin Mayor Jordan City Council Meeting: August 6, 2019 Subject: RZN 19-6666 (119 & 127 S. WEST ST./CANFIELD) 2019-0379 Motion To: leo-O 3 „Lf ),&C C/ u� Motion By: 1 Seconded: Unfinished Business B.1 �y 1 Bunch �- Turk-�7►.-^• Smith Gutierrez f Marsh v Kinion Petty�jj,Q/�, L7{ Scroggin // �✓ f Mayor Jordan w Subject: AMEND §161.29 NEIGHBORHOOD CONSERVATION 2019-0415 Motion To: leo-O 3 „Lf ),&C C/ u� Motion By: Seconded: Unfinished Business B.2 ✓� l ` Bunch Turk Smith Gutierrez f Marsh Kinion Petty Scroggin // �✓ f Mayor Jordan 7-o 1'�-D City Council Meeting: August 6, 2019 Subject: AMEND §72.18, RESIDENTIAL PARKING PERMIT PROGRAM FOR THE ENTERTAINMENT DISTRICT PARKING ZONE 2019-0401 Motion To: a �9 � V U JI Motion By: / Seconded:�� Unfinished Business B.3 p Bunch Turk f f 1i Smith Gutierrez s Marsh r '� Kinion Petty Scroggin Scroggin r/ Mayor Jordan Mayor Jordan -7-U Subject: AMEND CHAPTER 157, NOTIFICATION AND PUBLIC HEARINGS 2019-0358 Motion To: e rl ! Pt' Motion By: Seconded: Unfinished Business B.4 ►,, �� d Bunch Turk f 1i Smith Gutierrez L - Marsh r '� Kinion Petty Scroggin Mayor Jordan City Council Meeting: August 6, 2019 Subject: 2020 EMPLOYEE BENEFITS PACKAGE 2019-0446 Motion To: Motion By: Kin Seconded:'P/12 r New Business C.1 Bunch v� Turk 1 -- Smith " Gutierrez Marsh Kinion L Petty Scroggin Mayor Jordan Subject: RZN 19-6708 (NW OF RUPPLE RD. & FAITH ST./SLOANBROOKE PH. IV) 2019-0435 Motion To: Motion By: Seconded:' , New Business C. 2 .e ,Y 01 --�-' Bunch v� Turk 1 -- Smith " Gutierrez Marsh Kinion L Petty Scroggin Mayor Jordan City Council Meeting: August 6, 2019 Subject: RZN 19-6710 (1520 E. HUNTSVILLE RD./TAMIJANI) 2019-0449 Motion To: Motion By: ell Vl v kl Seconded:' "nv,N- New Business C. 3 1 Bunch Turk r� ✓ -' Smith Gutierrez �- Marsh �,•% Kinion �- Petty Scroggin -' Mayor Jordan To r/ -r. Subject: VAC 19-6712 (155 N. FLETCHER AVEJENLIGHTEN HOMES) 2019-0434 Motion To: Motion By:� Seconded: "nv,N- New Business C. 4 Aft (n Bunch Turk Smith Gutierrez Marsh �,•% Kinion Petty Scroggin -' Mayor Jordan City Council Meeting: August 6, 2019 Subject: BLOCKER WALLACE SERVICE, LLC. 2019-0438 Motion To: —ark n n Motion By: Motion By: C, (-,- -41VkQ Z I VE Seconded: Seconded: ' �i �/ A New Business C. 6 R OBJ nr� I � New Business C. 5 l� Bunch Turk Turk / Smith Smith Gutierrez Gutierrez Marsh Marsh _-- Kinion Petty Petty Scroggin Scroggin V-' Mayor Jordan Mayor Jordan WASHINGTON COUNTY NORTHWEST ARKANSAS CRISIS STABILIZATION UNIT Subject: MOU 2019-0453 Motion To: —ark n n Motion By: Seconded: ` New Business C. 6 R OBJ nr� I � Bunch Turk / Smith l/ Gutierrez Marsh Kinion Petty Scroggin /D V-' Mayor Jordan e7-2 © - /F City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 lr City Council Agenda Session Tentative Agenda Tuesday, July 30, 2019 4:30 PM City Hall Room 326 City Council Members Council Member Sonia Gutierrez Ward I Council Member Sarah Marsh Ward I Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Kyle Smith Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith City Council Agenda Session Agenda Session Tentative Agenda Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 2018-0678 MONTHLY FINANCIAL REPORT - PAUL BECKER 2019-0441 2018 CAFR REPORT - PAUL BECKER Agenda Additions 41-A60nsent: Li!1 2019-0013 APPROVAL OF THE JULY 16, 2019 CITY COUNCIL MEETING MINUTES 2019-0422 FLEMING ELECTRIC, INC.: July 30, 2019 A RESOLUTION TO AUTHORIZE THE PURCHASE OF FOUR ELECTRICAL JUNCTION BOXES AND THE REPAIR OF AN ELECTRICAL CONDUIT FOR THE BIOLOGICAL TREATMENT UNITS AT THE WEST SIDE WASTEWATER TREATMENT FACILITY FOR THE TOTAL AMOUNT OF $18,704.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 2 Printed on 7/25/2019 City Council Agenda Session Agenda Session Tentative Agenda 2019-0436 JACK TYLER ENGINEERING, INC.: July 30, 2019 A RESOLUTION TO AUTHORIZE THE PURCHASE OF A PUMP FOR THE SOLIDS HANDLING ODOR CONTROL SYSTEM AT THE PAUL R. NOLAND WASTEWATER TREATMENT FACILITY FROM JACK TYLER ENGINEERING, INC. IN THE AMOUNT OF $10,900.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES, AND TO APPROVE A BUDGET ADJUSTMENT 2019-0387 NABHOLZ INDUSTRIAL SERVICES: A RESOLUTION TO ACCEPT APPLICABLE TAXES FROM INSTALLATION OF A FILL THERMAL DRYER AT THE PROJECT CONTINGENCY IN BUDGET ADJUSTMENT 2019-0442 A QUOTE IN THE AMOUNT OF $9,423.36 PLUS NABHOLZ INDUSTRIAL SERVICES FOR THE AUGER AND SCRUBBER -CONDENSER FOR THE BIOSOLIDS MANAGEMENT SITE, TO APPROVE A THE AMOUNT OF $1,500.00, AND TO APPROVE A BID #19-36 AVO MULTI -AMP CORPORATION D/B/A MEGGER: A RESOLUTION TO AWARD BID #19-36 AND AUTHORIZE THE PURCHASE OF WATER LEAK DETECTION EQUIPMENT FROM AVO MULTI -AMP CORPORATION D/B/A MEGGER GROUP IN THE AMOUNT OF $60,990.00 FOR USE BY THE WATER AND SEWER OPERATIONS DIVISION City of Fayetteville, Arkansas Page 3 Printed on 7/2512019 City Council Agenda Session Agenda Session Tentative Agenda July 30, 2019 W.6 2019-0424 BID # 19-34 KANSAS SALT, LLC: A RESOLUTION TO AWARD BID # 19-34 AND AUTHORIZE THE PURCHASE OF BULK CRUSHED ROCK SALT FROM KANSAS SALT, LLC FOR $50.00 PER TON FOR MATERIALS PICKED UP AND $95.00 PER TON FOR MATERIALS DELIVERED AS NEEDED, AND TO AUTHORIZE THE USE OF CENTRAL SALT, LLC AS A SECONDARY SUPPLIER A!'7 2019-0440 AMERICAN ELECTRIC POWER: A RESOLUTION TO AUTHORIZE A CONTRACT WITH AEP/SWEPCO FOR UTILITY RELOCATIONS ASSOCIATED WITH THE CONSTRUCTION OF THE CEDARWOOD AND GLENWOOD DRAINAGE IMPROVEMENTS PROJECT, WITH THE AMOUNT TO BE PAID BY THE CITY OF FAYETTEVILLE NOT TO EXCEED $30,697.03 2019-0447 NWA TRAILBLAZERS: A RESOLUTION TO AUTHORIZE A CONTRACT WITH BENTONVILLE/BELLA VISTA TRAILBLAZER'S ASSOCIATION, INC. D/B/A NWA TRAILBLAZERS FOR THE DESIGN AND CONSTRUCTION OF PHASE IOF THE SOFT SURFACE CYCLING INFRASTRUCTURE FOR CENTENNIAL PARK AT MILLSAP MOUNTAIN B. Unfinished Business: City of Fayetteville, Arkansas Page 4 Printed on 7125/2019 City Council Agenda Session Agenda Session Tentative Agenda 2019-0379 RZN 19-6666 (119 & 127 S. WEST ST./CANFIELD): July 30, 2019 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6666 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 119 AND 127 SOUTH WEST AVENUE FROM NC, NEIGHBORHOOD CONSERVATION TO MSC, MAIN STREET/CENTER At the July 2, 2019 City Council Meeting this item was left on the first reading. At the July 16, 2019 City Council Meeting this item was left on the second reading. 2019-0415 AMEND §161.29 NEIGHBORHOOD CONSERVATION: AN ORDINANCE TO AMEND §161.29 NEIGHBORHOOD CONSERVATION OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO CHANGE THE LOT WIDTH MINIMUM FOR ALL DWELLING TYPES TO 40 FEET f "'At the July 16, 2019 City Council Meeting this item was left on the first reading. r 13./3 2019-0401 AMEND §72.18, RESIDENTIAL PARKING PERMIT PROGRAM FOR THE ENTERTAINMENT DISTRICT PARKING ZONE: AN ORDINANCE TO AMEND §72.18, RESIDENTIAL PARKING PERMIT PROGRAM FOR THE ENTERTAINMENT DISTRICT PARKING ZONE OF THE FAYETTEVILLE CITY CODE TO CONVERT PORTIONS OF RESTRICTED RESIDENTIAL -ONLY PARKING ALONG LOCUST AVENUE AND LAFAYETTE STREET AND PORTIONS OF PAID -ONLY ON -STREET PARKING ALONG VANDEVENTER AVENUE, LAFAYETTE STREET, AND CHURCH AVENUE TO MIXED-USE PARKING AREAS At the July 16, 2019 City Council Meeting this item was left on the first reading. City of Fayetteville, Arkansas Page 5 Printed on 7/25/2019 City Council Agenda Session Agenda Session Tentative Agenda 2019-0358 AMEND CHAPTER 157, NOTIFICATION AND PUBLIC HEARINGS: July 30, 2019 AN ORDINANCE TO AMEND CHAPTER 157, NOTIFICATION AND PUBLIC HEARINGS OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE BY EXPANDING THE NOTIFICATION REQUIREMENTS FOR PUBLIC HEARINGS ON APPLICATIONS FOR DEVELOPMENTS, ANNEXATIONS, ZONING MAP AMENDMENTS, CONDITIONAL USE PERMITS, ZONING VARIANCES, AND LARGE SITE IMPROVEMENT PLANS At the July 16, 2019 City Council Meeting this item was left on the first reading. C. New Business: CSI 2019-0446 2020 EMPLOYEE BENEFITS PACKAGE: A RESOLUTION TO APPROVE THE 2020 EMPLOYEE BENEFITS PACKAGE 2019-0435 RZN 19-6708 (NW OF RUPPLE RD. & FAITH ST./SLOANBROOKE PH. IV): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6708 FOR APPROXIMATELY 3.08 ACRES LOCATED NORTHWEST OF RUPPLE ROAD AND FAITH STREET FROM R -A, RESIDENTIAL AGRICULTURAL AND NC, NEIGHBORHOOD CONSERVATION TO NC, NEIGHBORHOOD CONSERVATION AND R -A, RESIDENTIAL AGRICULTURAL City of Fayetteville, Arkansas Page 6 Printed on 7/25/2019 City Council Agenda Session Agenda Session Tentative Agenda C. 3 V.O 2019-0449 RZN 19-6710 (1520 E. HUNTSVILLE RD./TAMIJANI): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED PETITION RZN 19-6710 FOR APPROXIMATELY 0.80 ACRES LOCATED HUNTSVILLE ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, ACRE TO NS -G, NEIGHBORHOOD SERVICES -GENERAL 2019-0434 VAC 19-6712 (155 N. FLETCHER AVE./ENLIGHTEN HOMES): July 30, 2019 IN REZONING AT 1520 EAST 4 UNITS PER AN ORDINANCE TO APPROVE VAC 19-6712 FOR PROPERTY LOCATED AT 155 NORTH FLETCHER AVENUE TO VACATE A PORTION OF STREET RIGHT-OF-WAY 2019-0438 BLOCKER WALLACE SERVICE, LLC: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND ACCEPT A QUOTE IN THE AMOUNT OF $31,550.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM BLOCKER & WALLACE SERVICE, LLC FOR THE REPAIR OF TWO CYCLO -BLOWERS FOR THE WESTSIDE WASTEWATER TREATMENT FACILITY, AND TO APPROVE A BUDGET ADJUSTMENT 2019-0453 WASHINGTON COUNTY NORTHWEST ARKANSAS CRISIS STABILIZATION UNIT MOU: A RESOLUTION TO APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FAYETTEVILLE AND WASHINGTON COUNTY FOR THE CITY TO USE THE NORTHWEST ARKANSAS CRISIS STABILIZATION UNIT AT NO COST THROUGH 2019 WITH A FEE OF $40.00 PER DAY FOR EACH INDIVIDUAL THE CITY SENDS FOR TREATMENT BEGINNING ON JANUARY I, 2020 City of Fayetteville, Arkansas Page 7 Printed on 7/25/2019 City Council Agenda Session Agenda Session Tentative Agenda D. City Council Agenda Session Presentations: D.1 2019-0429 AGENDA SESSION PRESENTAITON - POLICE DEPARTMENT PRESENTATION E. City Council Tour: F. Announcements: G. Adjournment July 30, 2019 City of Fayetteville, Arkansas Page 8 Printed on 712512019 (71a4 City of Fayetteville, Arkansas 11.3 West Mountain Sired Fayetteville, AR 72701 (479) 575-8323 City Council Abenda Session Tentative Agenda Tuesday, July 30, 2019 4:30 PM City Hall Room 326 City Council Members Council Member Sonia Cartierrex Ward I C.ouncY Member Sarah Marsh Ward t Council Member Mark Kinion Ward 2 Council Member Matthew Petty Werrd 2 Council Member Sloon Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Cuuneil Member Teresa Turk Ward 4 Council Alember Kyle Smith Ward 4 Mayor Lir►meld Jordan City Attorney Kit Williams QV Clerk Sondra Smith City Council Agenda Session Agenda Session Tentative Agenda Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 1. 2018-0678 MONTHLY FINANCIAL REPORT - PAUL BECKER 2. 2019-0441 2018 CAFR REPORT - PAUL BECKER Agenda Additions A. Consent: A. 1 2019-0013 APPROVAL OF THE JULY 16, 2019 CITY COUNCIL MEETING MINUTES A.2 2019-0422 FLEMING ELECTRIC, INC.: July 30, 2019 A RESOLUTION TO AUTHORIZE THE PURCHASE OF FOUR ELECTRICAL JUNCTION BOXES AND THE REPAIR OF AN ELECTRICAL CONDUIT FOR THE BIOLOGICAL TREATMENT UNITS AT THE WEST SIDE WASTEWATER TREATMENT FACILITY FOR THE TOTAL AMOUNT OF $18,704.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 2 Printed on 712412019 City Council Agenda Session Agenda Session Tentative Agenda A. 3 A. 4 A. 5 2019-0436 JACK TYLER ENGINEERING, INC.: July 30, 2019 A RESOLUTION TO AUTHORIZE THE PURCHASE OF A PUMP FOR THE SOLIDS HANDLING ODOR CONTROL SYSTEM AT THE PAUL R. NOLAND WASTEWATER TREATMENT FACILITY FROM JACK TYLER ENGINEERING, INC. IN THE AMOUNT OF $10,900.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES, AND TO APPROVE A BUDGET ADJUSTMENT 2019-0387 NABHOLZ INDUSTRIAL SERVICES: A RESOLUTION TO ACCEPT APPLICABLE TAXES FROM INSTALLATION OF A FILL THERMAL DRYER AT THE PROJECT CONTINGENCY IN BUDGET ADJUSTMENT 2019-0442 A QUOTE IN THE. AMOUNT OF $9,423.36 PLUS NABHOLZ INDUSTRIAL SERVICES FOR THE AUGER AND SCRUBBER -CONDENSER FOR THE BIOSOLIDS MANAGEMENT SITE, TO APPROVE A THE AMOUNT OF $1,500.00, AND TO APPROVE A BID 419-36 AVO MULTI -AMP CORPORATION D/B/A MEGGER: A RESOLUTION TO AWARD BID #19-36 AND AUTHORIZE THE PURCHASE OF WATER LEAK DETECTION EQUIPMENT FROM AVO MULTI -AMP CORPORATION D/B/A MEGGER GROUP IN THE AMOUNT OF $60,990.00 FOR USE BY THE WATER AND SEWER OPERATIONS DIVISION City of Fayetteville, Arkansas Page 3 Printed on 712412019 City Council Agenda Session Agenda Session Tentative Agenda A. 6 A. 7 A. 8 2019-0424 BID # 19-34 KANSAS SALT, LLC: July 30, 2019 A RESOLUTION TO AWARD BID # 19-34 AND AUTHORIZE THE PURCHASE OF BULK CRUSHED ROCK SALT FROM KANSAS SALT, LLC FOR $50.00 PER TON FOR MATERIALS PICKED UP AND $95.00 PER TON FOR MATERIALS DELIVERED AS NEEDED, AND TO AUTHORIZE THE USE OF CENTRAL SALT, LLC AS A SECONDARY SUPPLIER 2019-0440 AMERICAN ELECTRIC POWER: A RESOLUTION TO AUTHORIZE A CONTRACT WITH AEP/SWEPCO FOR UTILITY RELOCATIONS ASSOCIATED WITH THE CONSTRUCTION OF THE CEDARWOOD AND GLENWOOD DRAINAGE IMPROVEMENTS PROJECT, WITH THE AMOUNT TO BE PAID BY THE CITY OF FAYETTEVILLE NOT TO EXCEED $30,697.03 2019-0447 NWA TRAILBLAZERS: A RESOLUTION TO AUTHORIZE A CONTRACT WITH BENTONVILLE/BELLA VISTA TRAILBLAZER'S ASSOCIATION, INC. D/B/A NWA TRAILBLAZERS FOR THE DESIGN AND CONSTRUCTION OF PHASE IOF THE SOFT SURFACE CYCLING INFRASTRUCTURE FOR CENTENNIAL PARK AT MILLSAP MOUNTAIN B. Unfinished Business: City of Fayetteville, Arkansas Page 4 Printed on 7/2412019 City Council Agenda Session Agenda Session Tentative Agenda B. 1 2019-0379 RZN 19-6666 (119 & 127 S. WEST ST./CANFIELD): July 30, 2019 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6666 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 119 AND 127 SOUTH WEST AVENUE FROM NC, NEIGHBORHOOD CONSERVATION TO MSC, MAIN STREET/CENTER At the July 2, 2019 City Council Meeting this item was left on the first reading. At the July 16, 2019 City Council Meeting this item was left on the second reading. B.2 2019-0415 AMEND §161.29 NEIGHBORHOOD CONSERVATION: AMU q/ AN ORDINANCE TO AMEND §161.29 NEIGHBORHOOD CONSERVATION OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO CHANGE THE LOT WIDTH MINIMUM FOR ALL DWELLING TYPES TO 40 FEET At the July 16, 2019 City Council Meeting this item was left on the first reading. B.3 2019-0401 AMEND §72.18, RESIDENTIAL PARKING PERMIT PROGRAM FOR THE ENTERTAINMENT DISTRICT PARKING ZONE: AN ORDINANCE TO AMEND §72.18, RESIDENTIAL PARKING PERMIT PROGRAM FOR THE ENTERTAINMENT DISTRICT PARKING ZONE OF THE FAYETTEVILLE CITY CODE TO CONVERT PORTIONS OF RESTRICTED RESIDENTIAL -ONLY PARKING ALONG LOCUST AVENUE AND LAFAYETTE STREET AND PORTIONS OF PAID -ONLY ON -STREET PARKING ALONG VANDEVENTER AVENUE, LAFAYETTE STREET, AND CHURCH AVENUE TO MIXED-USE PARKING AREAS At the July 16, 2019 City Council Meeting this item was left on the first reading City of Fayetteville, Arkansas Page 5 Printed on 712412019 City Council Agenda Session Agenda Session Tentative Agenda B.4 2019-0358 AMEND CHAPTER 157, NOTIFICATION AND PUBLIC HEARINGS: July 30, 2019 AN ORDINANCE TO AMEND CHAPTER 157, NOTIFICATION AND PUBLIC HEARINGS OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE BY EXPANDING THE NOTIFICATION REQUIREMENTS FOR PUBLIC HEARINGS ON APPLICATIONS FOR DEVELOPMENTS, ANNEXATIONS, ZONING MAP AMENDMENTS, CONDITIONAL USE PERMITS, ZONING VARIANCES, AND LARGE SITE IMPROVEMENT PLANS At the July 16, 2019 City Council Meeting this item was left on the first reading. C. New Business: C. 1 2019-0446 2020 EMPLOYEE BENEFITS PACKAGE: A RESOLUTION TO APPROVE THE 2020 EMPLOYEE BENEFITS PACKAGE C.2 2019-0435 RZN 19-6708 (NW OF RUPPLE RD. & FAITH ST./SLOANBROOKE PH. IV): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6708 FOR APPROXIMATELY 3.08 ACRES LOCATED NORTHWEST OF RUPPLE ROAD AND FAITH STREET FROM R -A, RESIDENTIAL AGRICULTURAL AND NC, NEIGHBORHOOD CONSERVATION TO NC, NEIGHBORHOOD CONSERVATION AND R -A, RESIDENTIAL AGRICULTURAL City of Fayetteville, Arkansas Page 6 Printed on 7/24/2019 City Council Agenda Session Agenda Session Tentative Agenda C.3 2019-0449 RZN 19-6710 (1520 E. HUNTSVILLE RD./TAMIJANI): July 30, 2019 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6710 FOR APPROXIMATELY 0.80 ACRES LOCATED AT 1520 EAST HUNTSVILLE ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS -G, NEIGHBORHOOD SERVICES -GENERAL C.4 2019-0434 VAC 19-6712 (155 N. FLETCHER AVE./ENLIGHTEN HOMES): AN ORDINANCE TO APPROVE VAC 19-6712 FOR PROPERTY LOCATED AT 155 NORTH FLETCHER AVENUE TO VACATE A PORTION OF STREET RIGHT-OF-WAY C.5 2019-0438 BLOCKER WALLACE SERVICE, LLC: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND ACCEPT A QUOTE IN THE AMOUNT OF $31,550.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM BLOCKER & WALLACE SERVICE, LLC FOR THE REPAIR OF TWO CYCLO -BLOWERS FOR THE WESTSIDE WASTEWATER TREATMENT FACILITY, AND TO APPROVE A BUDGET ADJUSTMENT D. City Council Agenda Session Presentations: D. 1 2019-0429 AGENDA SESSION PRESENTAITON - POLICE DEPARTMENT PRESENTATION E. City Council Tour: F. Announcements: City of Fayetteville, Arkansas Page 7 Printed on 7/2412019 City Council Agenda Session Agenda Session Tentative Agenda G. Adjournment July 30, 2019 City of Fayetteville, Arkansas Page 8 Printed on 7/2412019 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington Assistant City Attorney TO: Mayor Jordan Jodi Batker THRU: Sondra Smith, City Clerk Pnrnlegnl n/ FROM: Kit Williams, City Attorney DATE: August 7, 2019 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of August 6, 2019 1. A RESOLUTION TO REQUEST THAT THE NORTHWEST ARKANSAS NUTRIENT TRADING RESEARCH AND ADVISORY GROUP (NANTRAG) CONSIDER AMENDING THE PROPOSED REGULATION FOR NUTRIENT TRADING TO MORE CLOSELY CONFORM TO THE ATTACHED PROPOSED REVISION 2. A RESOLUTION TO AUTHORIZE THE PURCHASE OF FOUR ELECTRICAL JUNCTION BOXES AND THE REPAIR OF AN ELECTRICAL CONDUIT FOR THE BIOLOGICAL TREATMENT UNITS AT THE WEST SIDE WASTEWATER TREATMENT FACILITY FOR THE TOTAL AMOUNT OF $18,704.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES, AND TO APPROVE A BUDGET ADJUSTMENT 3. A RESOLUTION TO AUTHORIZE THE PURCHASE OF A PUMP FOR THE SOLIDS HANDLING ODOR CONTROL SYSTEM AT THE PAUL R. NOLAND WASTEWATER TREATMENT FACILITY FROM JACK TYLER ENGINEERING, INC. IN THE AMOUNT OF $10,900.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES, AND TO APPROVE A BUDGET ADJUSTMENT 4. A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $9,423.36 PLUS APPLICABLE TAXES FROM NABHOLZ INDUSTRIAL SERVICES FOR THE INSTALLATION OF A FILL AUGER AND SCRUBBER -CONDENSER FOR THE THERMAL DRYER AT THE BIOSOLIDS MANAGEMENT SITE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $1,500.00, AND TO APPROVE A BUDGET ADJUSTMENT 5. A RESOLUTION TO AWARD BID #19-36 AND AUTHORIZE THE PURCHASE OF WATER LEAK DETECTION EQUIPMENT FROM AVO MULTI -AMP CORPORATION D/B/A MEGGER GROUP IN THE AMOUNT OF $60,990.00 FOR USE BY THE WATER AND SEWER OPERATIONS DIVISION 6. A RESOLUTION TO AWARD BID # 19-34 AND AUTHORIZE THE PURCHASE OF BULK CRUSHED ROCK SALT FROM KANSAS SALT, LLC FOR $50.00 PER TON FOR MATERIALS PICKED UP AND $95.00 PER TON FOR MATERIALS DELIVERED AS NEEDED, AND TO AUTHORIZE THE USE OF CENTRAL SALT, LLC AS A SECONDARY SUPPLIER 7. A RESOLUTION TO AUTHORIZE A CONTRACT WITH AEP/S WEPCO FOR UTILITY RELOCATIONS ASSOCIATED WITH THE CONSTRUCTION OF THE CEDARWOOD AND GLENWOOD DRAINAGE IMPROVEMENTS PROJECT, WITH THE AMOUNT TO BE PAID BY THE CITY OF FAYETTEVILLE NOT TO EXCEED $30,697.03 8. A RESOLUTION TO AUTHORIZE A CONTRACT WITH BENTONVILLEBELLA VISTA TRAILBLAZER'S ASSOCIATION, INC. DB/A NWA TRAILBLAZERS FOR THE DESIGN AND CONSTRUCTION OF PHASE 1 OF THE SOFT SURFACE CYCLING INFRASTRUCTURE FOR CENTENNIAL PARK AT MILLSAP MOUNTAIN 9. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6666 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 119 AND 127 SOUTH WEST AVENUE FROM NC, NEIGHBORHOOD CONSERVATION TO MSC, MAIN STREET/CENTER SUBJECT TO THE ATTACHED BILL OF ASSURANCE 10. AN ORDINANCE TO AMEND § 161.29 NEIGHBORHOOD CONSERVATION OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO CHANGE THE LOT WIDTH MINIMUM FOR ALL DWELLING TYPES TO 40 FEET 1 I. AN ORDINANCE TO AMEND CHAPTER 157, NOTIFICATION AND PUBLIC HEARINGS OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE BY EXPANDING THE NOTIFICATION REQUIREMENTS FOR PUBLIC HEARINGS ON APPLICATIONS FOR DEVELOPMENTS, ANNEXATIONS, ZONING MAP AMENDMENTS, CONDITIONAL USE PERMITS, ZONING VARIANCES, AND LARGE SITE IMPROVEMENT PLANS 12. A RESOLUTION TO APPROVE THE 2020 EMPLOYEE BENEFITS PACKAGE 13. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6710 FOR APPROXIMATELY 0.80 ACRES LOCATED AT 1520 EAST HUNTSVILLE ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS -G, NEIGHBORHOOD SERVICES -GENERAL 14. AN ORDINANCE TO APPROVE VAC 19-6712 FOR PROPERTY LOCATED AT 155 NORTH FLETCHER AVENUE TO VACATE A PORTION OF STREET RIGHT-OF- WAY 15. AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND ACCEPT A QUOTE IN THE AMOUNT OF $31,550.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM BLOCKER & WALLACE SERVICE, LLC FOR THE REPAIR OF TWO CYCLO -BLOWERS FOR THE WESTSIDE WASTEWATER TREATMENT FACILITY, AND TO APPROVE A BUDGET ADJUSTMENT 16. A RESOLUTION TO APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FAYETTEVILLE AND WASHINGTON COUNTY FOR THE CITY TO USE THE NORTHWEST ARKANSAS CRISIS STABILIZATION UNIT AT NO COST THROUGH 2019 WITH A FEE OF $40.00 PER DAY FOR EACH INDIVIDUAL THE CITY SENDS FOR TREATMENT BEGINNING ON JANUARY 1, 2020 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Meeting Final Agenda Tuesday, August 6, 2019 5:30 PM City Hall Room 219 City Council Members Council Member Sonia Gutierrez Ward 1 Council Member Sarah Marsh Ward 1 Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Kyle Smith Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith City Council Meeting Meeting Final Agenda August 6, 2019 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items 1. 2018-0678 MONTHLY FINANCIAL REPORT - PAUL BECKER 2. 2019-0441 2018 CAFR REPORT - PAUL BECKER Agenda Additions A. Consent A. 1 2019-0013 APPROVAL OF THE JULY 16, 2019 CITY COUNCIL MEETING MINUTES A.2 2019-0422 FLEMING ELECTRIC, INC.: A RESOLUTION TO AUTHORIZE THE PURCHASE OF FOUR ELECTRICAL JUNCTION BOXES AND THE REPAIR OF AN ELECTRICAL CONDUIT FOR THE BIOLOGICAL TREATMENT UNITS AT THE WEST SIDE WASTEWATER TREATMENT FACILITY FOR THE TOTAL AMOUNT OF $18,704.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 2 Printed on 81112019 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council Kit Williams City Attorney Blake Pennington Assistant City Attorney CC: Don Marr, Chief of Staff Jodi Batker Garner Stoll, Development Services Director Paralegal FROM: Kit Williams, City Attorney DATE: July 30, 2019 RE: Amendment of "Who gets notice" provisions of U.D.C. Pursuant to the City Council's suggestion that development/ rezoning notices are also furnished to possible tenants of structures within 200 feet of the boundary line on which the use or development is proposed, Development Services Director Garner Stoll has suggested the following amendment for all such notice provisions in the U.D.C. "Who gets notice. Notice of the proposed development shall be given to all landowners and renters with se arate addresses within 200 feet of the boundary line of the property for which the use is proposed. Renters with separate addresses shall be notified 12y first class letter addressed to the "current resident" to each address found in the City's address point file." If this language is satisfactory, a Council Member will need to move to amend the currently proposed language to this amended version at the City Council meeting. If anyone desires different language, please consult with Garner or me. Council Member Sonia Gutierrez Ward 1 Position 1 Council Member Sarah Marsh Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Matthew Petty Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra E. Smith City of Fayetteville Arkansas City Council Meeting July 16, 2019 City Council Meeting Minutes July 16, 2019 Page 1 of 21 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Kyle Smith Ward 4 Position 2 A meeting of the Fayetteville City Council was held on July 16, 2019 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: Council Members Sonia Gutierrez, Sarah Marsh, Mark Kinion, Matthew Petty, Sloan Scroggin, Sarah Bunch, Teresa Turk, Kyle Smith, 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 Meetinu Presentations, Reports and Discussion Items Monthly Financial Report - Paul Becker Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report. Agenda Additions: None 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 16, 2019 Page 2 of 21 Consent: Approval of the June 18, 2019 and July 2, 2019 City Council Meeting Minutes. Approved 2019 Community Development Block Grant: A resolution to approve the 2019 Community Development Block Grant (CDBG) Action Plan, to authorize Mayor Jordan to execute the CDBG agreement for 2019 in the amount of $702,439.00 when received, and to approve a budget adjustment. Resolution 163-19 as recorded in the office of the City Clerk Community Development Block Grant Program Income: A resolution to approve a budget adjustment in the total amount of $2,047.00 representing Community Development Block Grant program income received from a lien payoff and donations from citizens and local businesses. Resolution 164-19 as recorded in the office of the City Clerk RFP 19-29 American Soccer Company Inc. d/b/a Score Sports: A resolution to award RFP 19- 29 and authorize a contract for the purchase of youth soccer uniforms from American Soccer Company Inc. d/b/a Score Sports in the amount of $12.10 plus applicable taxes per uniform for the Fall 2019 and Spring 2020 seasons with an option to renew for up to four additional one-year terms. Resolution 165-19 as recorded in the office of the City Clerk Crossland Construction Company, Inc. Change Order No. 4: A resolution to approve Change Order No. 4 to the contract with Crossland Construction Company, Inc. in the amount of $2,575,959.00 for additional trade packages associated with the Fayetteville Public Library Expansion Project, and to approve a project contingency of 14.5% to be held by the Fayetteville Public Library. Resolution 166-19 as recorded in the office of'the City Clerk Crafton, Tull & Associates, Inc.: A resolution to approve a professional engineering services agreement with Crafton, Tull & Associates, Inc., pursuant to RFQ #19-01, in the total amount of $110,400.00 for street, drainage and waterline design services for a portion of the Rupple Road Project. Resolution 167-19 as recorded in the office of the City Clerk McClelland Consulting Engineers, Inc.: A resolution to approve a professional engineering services agreement with McClelland Consulting Engineers, Inc., pursuant to RFQ #14-01, in the total amount of $167,610.00 for updated street, drainage and water line design services for the Zion Road — Vantage to Crossover Project. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council Kit Williams City Attorney Blake Pennington Assistant City Attorney CC: Don Marr, Chief of Staff Jodi Batker Garner Stoll, Development Services Director Paralegal FROM: Kit Williams, City Attorney DATE: July 30, 2019 RE: Amendment of "Who gets notice" provisions of U.D.C. Pursuant to the City Council's suggestion that development/ rezoning notices are also furnished to possible tenants of structures within 200 feet of the boundary line on which the use or development is proposed, Development Services Director Garner Stoll has suggested the following amendment for all such notice provisions in the U.D.C. "Who gets notice. Notice of the proposed development shall be given to all landowners and renters with se arate addresses within 200 feet of the boundary line of the property for which the use is proposed. Renters with separate addresses shall be notified 12y first class letter addressed to the "current resident" to each address found in the City's address point file." If this language is satisfactory, a Council Member will need to move to amend the currently proposed language to this amended version at the City Council meeting. If anyone desires different language, please consult with Garner or me. 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council Kit Williams City Attorney Blake Pennington Assistant City Attorney CC: Don Marr, Chief of Staff Jodi Batker Garner Stoll, Development Services Director Paralegal Andrew Garner, Planning Director Blake Pennington, Assistant City Attorney FROM: Kit Williams, City AttorneyC DATE: July 23, 2019 RE: Bill of Assurance from William Canfield Mr. Canfield has supplied my office with his signed and notarized Bill of Assurance (attached) for his requested rezoning from Neighborhood Conservation to Main Street/Center. As you can see, Mr. Canfield limited his property in two ways by his offered Bill of Assurance. He first stated that: "(t)he Height of structures shall be limited to 3 -story maximum in the established 25' Build -to Zone as measured from the top of curb. The buildable area outside of said Build -to Zone shall allow the construction of additional stories, but the height of any portion of the building cannot exceed the maximum height established by the portion of the development within the 25' Build -to Zone." Thus, as the land slopes down toward the multiuse trail and creek, an additional story or two can be added as long as the height of the structure as measured from the curb does not surpass the height of the structure within the build -to zone. When I pointed out to Mr. Canfield the potentially incompatible uses for his neighbors allowed in Main Street/Center for Use Unit 17 Transportation Trades and Services such as automotive sales, car washes, used car lots, body shops and garages, etc., he agreed that he did not want such uses for his property and expressly excluded all such uses if his property is rezoned to Main Street/ Center. We will need to amend the rezoning ordinance at the next meeting to make it reliant upon Mr. Canfield's proposed Bill of Assurance if the rezoning is approved by the City Council. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Agenda Session Tentative Agenda Tuesday, July 30, 2019 4:30 PM City Hall Room 326 City Council Members Council Member Sonia Gutierrez Ward 1 Council Member Sarah Marsh Ward 1 Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Kyle Smith Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith in. Maintaining adequate insurance from the date of commencement until the date of acceptance of the work by the City. Trailblazers shall maintain the following minimum amount of insurance coverage: i. Commercial general liability, $1 million minimum ii. Workers Compensation, as required by state statute iii. $1 million minimum Commercial automobile liability n. Consulting with the City if any public funds are received for any portion of the project related to the soft surface trails prior to the expenditure or pledge of such public funds to ensure compliance with all applicable state and local laws. 2. The City of Fayetteville agrees that it shall: a. Provide access to the project site at hours approved by the Parks & Recreation Director. b. Reasonably cooperate with Trailblazers during the application and approval process for any required permits if applicable. 3. Trailblazers agrees that the City of Fayetteville has no responsibility or liability for any of the obligations listed in paragraph 1 and that the City of Fayetteville's responsibility is to manage, coordinate, and fund the construction of the remaining park infrastructure identified in Phase One of the Master Plan as shown on Attachment B. 4. Trailblazers shall follow all federal, state and local laws for the entire contract term of this project including but not limited to applicable licensing and regulations required by the Arkansas Contractor's Licensing Board. 5. Trailblazers agrees to indemnify and hold harmless the City of Fayetteville, its officers and employees from any and all claims, demands, liabilities, and costs including attorney fees related to the design and/or construction of the soft surface trails. 6. Trailblazers agrees to fully and promptly comply with the Arkansas Freedom of Information Act and acknowledges that any documents, reports, statements, etc. relating to the use of public funds for this project are subject to the Freedom of Information Act. In agreement with all the terms, conditions, promises and agreements previously stated, we sign our names below and expressly covenant that we are legally empowered to bind the entity for which we sign. NWA TRAILBLAZERS CITY OF FAYETTEVILLE By: Cuf By: R. Erin Rushing Printed name Title: Executive Director Date: 2019 WITNESS: By: q�61 Gina Nida Printed name Title: Executive Assistan Date: 2019 LIONELD JORDAN Mayor ATTEST: Sondra E. Smith, City Clerk Date: 2019 .19 Attachment A - Master Plan `SOF oW _;Ian `o oa �. 1. X s F y 3 i ee E \N DI k -- '1S NOWWIS83d M ' I O W W J TRAIL o o ° �a *Z s s 'toy- o� ' W gat 8z 5a ' AM A901ONHDh \N DI k -- '1S NOWWIS83d M ' I O W W J TRAIL o o ° �a *Z Attachment S - Phase One to §!! \\§ _ woISNvmETRAIL � � �o/( 6 |/ \� \; H|. LU � e CD ƒ a / < �[2 �ZLU CL- �`/ Lui z / v IT ~ § |!■ %�� , �� - r - x//.39/ 17}90 tNm# 0» §� #NowwA@% 2 /§|r § d | 6 |/ \� \; H|. LU � e CD ƒ a / < �[2 �ZLU CL- �`/ Lui z / v IT 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 125-18 File Number: 2018-0278 CENTENNIAL OPEN SPACE: A RESOLUTION TO ACKNOWLEDGE THE CITY COUNCIL'S CONTRACTUAL OBLIGATION AND INTENT TO MAINTAIN THE 228 ACRE CENTENNIAL OPEN SPACE AS PUBLIC RECREATION LAND IN PERPETUITY WHEREAS, the City of Fayetteville, with significant financial assistance from the Walton Family Foundation in the form of a 50/50 matching grant and a no interest five-year loan, purchased 228 acres of land near I-49 and Martin Luther King, Jr. Boulevard; and WHEREAS, the grant agreement with the Walton Family Foundation requires the City to "permanently place the 228 acres in the public domain and preserve the land as greenspace/open space in perpetuity, sufficiently allowing for natural surface and greenway trail development and other open space amenities typical for a park or open space." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby acknowledges the City of Fayetteville's contractual duty and intent to maintain the 228 acres known as the Centennial Open Space in the public domain and preserve the land as greenspace/open space in perpetuity with the expectation that the property will be used for natural surface and greenway trail development and other amenities typical for a park or open space. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby agrees to provide to the Walton Family Foundation a proposed master plan for the property to ensure that the plan appropriately preserves, protects and maintains the property, including trails, park amenities, and reserved natural areas, in accordance with the grant agreement. Page 1 Printed on 615118 Resolution: 125-18 File Number- 1 - 27 PASSED and APPROVED on 6/5/2018 Attest: Sondra E. Smith, City Clerk Treasurc4,jj1tfIjif,0 ,• C' `•��� Y oc'..c'''. FAYETI FViLLE, Page 2 Printed on 615118 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 64-18 File Number: 2018-0105 CENTENNIAL OPEN SPACE ACQUISITION: A RESOLUTION TO APPROVE THE ATTACHED REAL ESTATE CONTRACT IN WHICH CENTENNIAL BANK AGREES TO SELL AND CONVEY TO THE CITY OF FAYETTEVILLE APPROXIMATELY 228 ACRES PURSUANT TO A SPECIAL WARRANTY DEED FOR $3,302,250.00, TO AUTHORIZE MAYOR JORDAN TO APPLY FOR AND ACCEPT A GENEROUS 50/50 MATCHING GRANT FROM THE WALTON FAMILY FOUNDATION FOR THIS ACQUISITION, TO AUTHORIZE MAYOR JORDAN TO ENTER INTO A NO INTEREST FIVE YEAR LOAN FROM THE WALTON FAMILY FOUNDATION IN THE AMOUNT OF $1,651,125.00 AND TO APPROVE THE ATTACHED BUDGET ADJUSTMENT WHEREAS, the Walton Family Foundation has generously offered the City of Fayetteville a 50/50 matching grant to assist the City to obtain parcels of land containing about 228 acres known as portions of Mountain Ranch; and WHEREAS, Centennial Bank has agreed to sell and convey marketable title to these parcels for a total sale price of $3,302,250.00; and WHEREAS, these parcels will be primarily used as parkland for mountain biking and hiking trails and accessory uses with efforts to eventually connect these parcels to Kessler Mountain Regional Park and possibly other city property to both preserve much of the natural scenic beauty of these areas and to create an unsurpassed mountain biking destination and experience. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Sectiait 1. That the City Council of the City of Fayetteville, Arkansas hereby approves the attached Real Estate Contract with Centennial Bank to purchase about 228 acres for a price of $3,302,250.00 and authorizes Mayor Jordan to sign this Contract. Page 1 Printed on 2121118 Resolution: 64-18 Ek ftrnb 2018-0105 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to apply for and accept a generous 50/50 matching grant from the Walton Family Foundation to enable the City to afford to acquire these 228 acres by furnishing about $1,661,215.00 of the purchase price. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a no interest loan in the amount of about $1,651,125.00 from the Walton Family Foundation to be paid back within five (5) years with the first $275,187.50 payment due upon closing of the property and authorizes Mayor Jordan to execute all necessary documents for this loan. Section 4. That the City Council of the City of Fayetteville, Arkansas hereby approves an attached budget adjustment necessary for accepting the grant and paying for the purchase of these 228 acres. PASSED and APPROVED on 2/20/2018 Approved: Attest: A Lioneld Jordan, + a r Sondra E. Smith, City Clerk Treasurer Page 2 Printed on 2121119 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 140-19 File Number: 2019-0305 CENTENNIAL PARK CONCEPTUAL MASTER PLAN: A RESOLUTION TO APPROVE AND ADOPT THE CENTENNIAL PARK AT MILLSAP MOUNTAIN CONCEPTUAL MASTER PLAN CREATED BY NWA TRAILBLAZERS, CEI ENGINEERING ASSOCIATES, INC., AND CITY OF FAYETTEVILLE STAFF WHEREAS, on February 20, 2018, the City Council accepted a generous 50150 matching grant from the Walton Family Foundation to purchase 288 acres of property west of I-49 on Millsap Mountain to be "used as parkland for mountain biking and hiking trails and accessory uses", to provide connections for residents and visitors to Kessler Mountain Regional Park and other parks and City property, and to preserve the natural scenic beauty of the area; and WHEREAS, staff from the Mayor's Office, Parks and Recreation Department, Engineering Division, Trail Coordination Division, and Transportation Department worked with the NWA Trailblazers and CEI Engineering Associates, Inc. to develop the proposed Conceptual Master Plan of Centennial Park at Millsap Mountain, which envisions a cycling -activated park with state of the art cyclo -cross and mountain biking courses; and WHEREAS, the master plan was unanimously approved by the Parks and Recreation Advisory Board on May 6, 2019. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves and adopts the Centennial Park at MiIlsap Mountain Conceptual Master Plan created by NWA Trailblazers, CEI Engineering Associates, Inc. and City of Fayetteville staff, a copy of which is attached to this Page 1 Printed on 615119 �o� I �U -19 File Number. 2019-0305 Resolution. PASSED and APPROVED on 6/4/2019 Attest: Sondra E. Smith, City Clerk Treas t$'yE;!K I T,•*,'�t, �.�• �• • GIT Y 0 C NPON Page 2 Printed on 615119 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2019-0379 Agenda Date: 8/6/2019 Version: 1 Status: Second Reading In Control: City Council Meetinq File Type: Ordinance Agenda Number: B. 1 RZN 19-6666 (119 & 127 S. WEST ST./CANFIELD): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6666 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 119 AND 127 SOUTH WEST AVENUE FROM NC, NEIGHBORHOOD CONSERVATION TO MSC, MAIN STREET/CENTER BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from NC, Neighborhood Conservation to MSC, Main Street/Center. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 7/25/2019 City of Fayetteville Staff Review Form 2019-0379 Legistar File ID 7/2/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 6/14/2019 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN 19-6666: Rezone (119 & 127 S. WEST AVE./CANFIELD, 523): Submitted by CAL CANFIELD for properties located at 119 & 127 S. WEST AVE. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contain approximately 0.40 acres. The request is to rezone the properties to MSC, MAIN STREET/CENTER. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Approval Date: 201 0321 CITY OF FAYETTEVILLE r4ff ARKANSAS MEETING OF JUL 2, 2019 TO: Mayor, Fayetteville City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Andrew Garner, Planning Director FROM: Jonathan Curth, Senior Planner DATE: June 14, 2019 STAFF MEMO SUBJECT: RZN 19-6666: Re one 119 127 S. EST A E. CANFIELD, 523 : Submitted by CAL CANFIELD for properties located at 119 & 127 S. WEST AVE. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contain approximately 0.40 acres. The request is to rezone the properties to MSC, MAIN STREET/CENTER. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the subject property to MSC, Main Street/Center, as shown in the attached Exhibits `A' and `B'. BAC GROUND: The subject properties are located on the west side of West Avenue, between Mountain Street to the north and South Street to the south. Both properties are developed with single-family dwellings, built in 1886 and 1916 according to Washington County records. In 2004, the property was rezoned to NC, Neighborhood Conservation, as a part of the Downtown Master Plan. Request. The request is to rezone the subject properties at 118 and 127 West Avenue from NC, Neighborhood Conservation, to MSC, Main Street/Center. The applicant has stated in their request letter that this rezoning is necessary to expand the development options of the property, including the potential for an art gallery, office, restaurant, or bar. Although the NC zoning district does allow UU-12a, Limited Business, which includes small offices, restaurants, and retail as conditional uses, there is no allowance for bars or similar facilities. Public Comment: Staff has received public comment in support of the request from the adjacent property owner to the north. Land Use Compatibility: A rezoning to MSC will allow for residential and commercial development that is generally comparable to other housing and businesses in the vicinity. Furthermore, while the MSC zoning district allows for commercial activities of greater intensity than would generally be appropriate at this location, the size and terrain of the property can limit the scale of any new development. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 On the other hand, the Fayetteville Downtown Master Plan and its associated rezoning were deliberately enacted to preserve pockets of single-family housing that have existed for decades, and in some cases over a century. In addition to the Mount Nord area along Lafayette Street, the block of single-family homes that range southward from the subject property along West Avenue were deliberately zoned NC, Neighborhood Conservation. The Illustrative Master Plan (attached) indicated preservation of the subject property as two single-family dwellings. A rezoning to MSC comes with no density requirements, no side setbacks, and a higher building height maximum than the requirements in an NC district. Coupled with multi -family dwellings and numerous commercial uses being permitted in the DG zoning district, the requested rezoning has the potential to dramatically change the character of this portion of downtown. That said, there are numerous properties in close proximity to the subject address that are not single-family in use or appearance. Although there are several single-family homes to the north, the Razorback Greenway Trail passes to the west along the future Cultural Arts Corridor, large duplexes are being developed to the south, and to the east is the Fayetteville Public Library and its approximately 100,000 square foot expansion that is under construction. Other uses along West Avenue vary, including many residential structures that have been modified to house multiple tenants or businesses. Given the variety of surrounding land uses, staff finds the MSC zoning would be compatible. Land Use Plan Analysis: The Downtown Master Plan led to the current zoning that was approved by City Council with the support of many Downtown residents. This NC zoning seeks to preserve the existing single-family housing stock in pockets of the downtown area. The Neighborhood Conservation zoning currently applied to the subject property and those south of it are evidence of that objective. The Downtown Master Plan also identified the goal of pursuing redevelopment opportunities along West Avenue. Classified in the Plan as a "signature connection" in downtown, West Avenue is called -out as important to the area's pedestrian network with redevelopment needed to fully leverage amenities like the Frisco Trail, the library, and future Cultural Arts Corridor. The Plan goes even further by outlining an implementation strategy that involves a policy to "target properties along West Avenue for infill development." Rezoning the subject property to the proposed Main Street/Center district can support this goal by allowing for increased housing opportunities through redevelopment to a greater density or, alternatively, permitting a greater spectrum of retail and service uses that can serve the neighborhood or greater downtown. While the goals of infill redevelopment and preservation may often seem at odds, in this instance they are complementary. Just as the Neighborhood Conservation zoning district was adopted to preserve the single-family nature of particular areas, so to can the Main Street/Center zoning district preserve the character of the Fayetteville downtown. Both are designed with build -to -zones that complement the area's historic growth pattern. Development under either zoning is subject to the Downtown Design Overlay District's architectural standards. On the balance, staff finds that the proposed zoning is consistent with the overall goals and policies of the Downtown Master Plan. Finally, the City Council has recently rezoned similar properties along West Avenue to allow mixed-use and higher density. These decisions aid staff in recommending that this rezoning is consistent with the Council's vision for the Downtown Master Plan. DISCUSSION: On June 10, 2019, the Planning Commission heard the rezoning request and forwarded the proposal to City Council with a recommendation for approval by a vote of 9-0-0. In addition to recommending approval, the Commission also recommends that Council evaluate a design overlay or broader rezoning in the Cultural Arts Corridor. There was no public comment at the meeting. BUDGET STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN 19-6666 CAN FI ELD 19-6666 Close Up view EXHIBIT 'A' W a } H W W z i CENTER ST Lill 5t v� W w a > _- H z w i I MOUNTAIN ST i �i RMF -24 �I RMF -40 RSF-7 Legend � Planning Area - - L _ _ Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Design Overlay District Building Footprint W Feet 0 75 150 300 450 1 inch = 200 feet •11 ROCK ST SOU' A& 'k NORTH Zoning Acres MSC 0.4 Total 0.4 19-6666 EXHIBIT 'B' S'URVEYDESQUPTTON #ti9. s, tV6Sr ALlGPVCr A PART OF BLOCK NUMBERED THIRTY-FIVE (3 5) OF THE ORIGINAL TOWN PLAT OF FAYETTEVILLE, ARKANSAS, BEING M ROE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK THIRTY- FIVE (35), SAID POINT BEING AN EXISTING IRON PIPE; THENCE SOUTH 251.35 FEET (DEED=252.5 FEET) ALONG THE EAST LINE OF SAID BLOCK THIRTY-FIVE (35) TO A SET 1/2" IRON REBAR FOR THE TRUE POINT OF BEGINNING, SAID POINT BEING THE POSITION OF A DESTROYED IRON PIPE AS REFERENCED IN SURVEY BOOK "J" AT PAGE 772; THENCE N89°58'43"W 141.39 FEET TO AN EXISTING IRON ON THE EAST RIGHT-OF-WAY LINE OF THE ARKANSAS & MISSOURI RAILROAD; THENCE S03019'42"E 62.52 FEET ALONG SAID RIGHT-OF-WAY LINE TO AN EXISTING IRON; THENCE LEAVING SAID RIGHT-OF-WAY LINE S89°56'28"E 138.19 FEET TO A SET 1/2" IRON REBAR ON THE EAST LINE OF SAID BLOCK THIRTY-FIVE (35); THENCE N00023'52"W 62.50 FEET TO THE POINT OF BEGINNING, CONTAINING 0.20 ACRES (8717.0 SQ.. FT.), MORE OR LESS. SUR VEYDESC"T70N#/"Z-7 S> IV& -ST ,2CVWOF A PART OF BLOCK NUMBERED THIRTY-FIVE (3 5) OF THE ORIGINAL TOWN PLAT OF FAYETTEVILLE, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK THIRTY- FIVE (35), SAID POINT BEING AN EXISTING IRON PIPE; THENCE SOUTH 251.35 FEET (DEED=252.5 FEET) ALONG THE EAST LINE OF SAID BLOCK TBIRTY-FIVE (35) TO A SET 1/2" IRON REBAR, SAID POINT BEING THE POSITION OF A DESTROYED IRON PIPE AS REFERENCED IN SURVEY BOOK "J" AT PAGE 772; THENCE S00023'52"E 62.50 iEL"1 TO A SET %z" iis-V1d REBAk FOR THC TRUE POhN F OE BEGINNING; THENCE N8905 6'28"W 138.19 FEET TO AN EXISTING IRON ON THE EAST RIGHT-OF-WAY LINE OF THE ARKANSAS & MISSOURI RAILROAD; THENCE S03°19'42"E 62.47 FEET ALONG SAID RIGHT-OF-WAY LINE TO A SET %2" IRON REBAR; THENCE LEAVING SAID RIGHT-OF-WAY LINE EAST 135.00 FEET TO AN EXISTING IRON PIPE ON THE WEST RIGHT-OF-WAY LINE OF WEST AVENUE; THENCE N00°23'52"W 62.23 FEET TO THE POINT OF BEGINNING, CONTAINING 0.19 ACRES (8468.0 SQ. FT.), MORE OR LESS. OWNER: JEAN BESCHAUD ADDRESS., 119,127 S. WEST AVENUE FAYETTEVILLE, ARKANSAS O EXISTING IRON PIPE O SET 1/2" IRON REBAR. 0 EXISTING IRON PIN 4- C'.nKAPI iTFn rnRNFR CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner MEETING DATE: June 10, 2019 Updated with Planning Commission Results SUBJECT: RZN 19-6666: Re one 119 127 S. EST A E. CANFIELD, 523 : Submitted by CAL CANFIELD for properties located at 119 & 127 S. WEST AVE. The properties are zoned NC, NEIGHBORHOOD COMMERCIAL and contain approximately 0.40 acres. The request is to rezone the properties to MSC, MAIN STREET CENTER. RECOMMENDATION: Staff recommends forwarding RZN 19-6666 to City Council with a recommendation of approval based on the findings contained in this report. RECOMMENDED MOTION: "I move to forward RZN 19-6666 to City Council with a recommendation for approval." BAC GROUND: The subject properties are located on the west side of West Avenue, between Mountain Street to the north and South Street to the south. Both properties are developed with single-family dwellings, built in 1886 and 1916 according to Washington County records. In 2004, the property was rezoned to NC, Neighborhood Conservation, as a part of the Downtown Master Plan. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single-family Residential NC, Neighborhood Conservation South Single-family Residential RI -U, Residential Intermediate, Urban East Fayetteville Public Library MSC, Main Street Center; DG, Downtown General West Razorback Greenway P-1, Institutional Request: The request is to rezone the subject properties at 118 and 127 West Avenue from NC, Neighborhood Conservation, to MSC, Main Street Center. The applicant has stated in their request letter that this rezoning is necessary to expand the development options of the property, including the potential for an art gallery, office, restaurant, or bar. Although the NC zoning district does allow UU-12a, Limited Business, which includes small offices, restaurants, and retail as conditional uses, there is no allowance for bars or similar facilities. Public Comment: Staff has received no public comment regarding the request. Planning Commission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 1 of 15 INFRASTRUCTURE: Streets: Both parcels within the subject property have access to South West Avenue, a Master Street Plan -designated ST -45 street. South West Avenue is partially - improved with on -street parking in front of both parcels, but inadequate sidewalk width and without street trees do not meet the Master Street Plan minimums. Any street improvements required in this area will be determined at the time of development proposal. ater: Public water is available to the site. A 6 -inch water main runs along the West Avenue right-of-way. Sewer: Public sanitary sewer is available to the site. A 8 -inch sanitary sewer main runs along the West Avenue right-of-way. Drainage: Any additional improvements or requirements for drainage would be determined at the time of development. No portion of the subject property lies within a FEMA designated 100 -year floodplain, a Streamside Protection Zone, or the Hillside - Hilltop Overlay District (HHOD). Additional, no hydric soils are present on this site. Fire: The Fire Department has noted that the subject properties are protected by Station 1, located at 303 West Center Street, with an anticipated response time of approximately 3 minutes. This is below the 6 minute response time goal of the Fayetteville Fire Department. Police: The Police Department did not express any concerns with this request. CIT PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Map designates the properties as part of a Complete Neighborhood Plan Area associated with the Fayetteville Downtown Master Plan. FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: In staff s opinion, the re uested re oning is generally consistent and compatible with both current land use and City land use plans. Land Use Compatibility: A re oning to MSC will allow for residential and commercial development that is generally comparable to other housing and businesses in the vicinity. Furthermore, while the MSC oning district allows for commercial activities of greater intensity than would generally be appropriate at this location, the si a and terrain of the property can limit the scale of any new development. On the other hand, the Fayetteville Downtown Master Plan and its associated re oning were deliberately enacted to preserve pockets of single-family housing that have existed for decades, and in some cases over a century. In addition to the Mount Nord area along Lafayette Street, the block of single- G:\ETC\Development Services Review\2019\Development Services\19-6666 RZN 119 & 127 S. West Ave. (Canfield) 523\03 Planning Commission\6-10-2019 Planning Commission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 2 of 15 family homes that range southward from the sub ect property along est Avenue were deliberately oned NC, Neighborhood Conservation. The Illustrative Master Plan attached indicated preservation of the sub ect property as two single-family dwellings. A re oning to MSC comes with no density re uirements, no side setbacks, and a higher building height maximum than the re uirements in an NC district. Coupled with multi -family dwellings and numerous commercial uses being permitted in the DG oning district, the re uested re oning has the potential to dramatically change the character of this portion of downtown. That said, there are numerous properties in close proximity to the sub ect address that are not single-family in use or appearance. Although there are several single-family homes to the north, the Ra orback Greenway Trail passes to the west along the future Cultural Arts Corridor, large duplexes are being developed to the south, and to the east is the Fayetteville Public Library and its approximately 100,000 s uare foot expansion that is under construction. Other uses along est Avenue vary, including many residential structures that have been modified to house multiple tenants or businesses. Given the variety of surrounding land uses, staff finds the MSC oning would be compatible. Land Use Plan Analysis: The Downtown Master Plan led to the current oning that was approved by City Council with the support of many Downtown residents. This NC oning seeks to preserve the existing single- family housing stock in pockets of the downtown area. The Neighborhood Conservation oning currently applied to the sub ect property and those south of it are evidence of that ob ective. The Downtown Master Plan also identified the goal of pursuing redevelopment opportunities along est Avenue. Classified in the Plan as a signature connection in downtown, est Avenue is called -out as important to the area s pedestrian network with redevelopment needed to fully leverage amenities like the Frisco Trail, the library, and future Cultural Arts Corridor. The Plan goes even further by outlining an implementation strategy that involves a policy to target properties along est Avenue for infill development. Re oning the sub ect property to the proposed Main Street Center district can support this goal by allowing for increased housing opportunities through redevelopment to a greater density or, alternatively, permitting a greater spectrum of retail and service uses that can serve the neighborhood or greater downtown. hile the goals of infill redevelopment and preservation may often seem at odds, in this instance they are complementary. Just as the Neighborhood Conservation oning district was adopted to preserve the single-family nature of particular areas, so to can the Main Street Center oning district preserve the character of the Fayetteville downtown. Both are designed with build -to- ones that complement the area s historic growth pattern. Development under either oning is sub ect to the Downtown Design Overlay Districts architectural standards. On the balance, staff finds that the proposed oning is consistent with the overall goals and policies of the Downtown Master Plan. Finally, the City Council has recently re oned similar G:\ETC\Development Services Review\2019\Development Services\19-6666 RZN 119 & 127 S. West Ave. (Canfield) 523\03 Planning Commission\6-10-2019 Planning Commission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 3 of 15 properties along est Avenue to allow mixed-use and higher density. These decisions aid staff in recommending that this re oning is consistent with the Council s vision for the Downtown Master Plan. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Based on the applicants submittal, the re oning is ustified and needed to enhance the development opportunities for the sub ect property. The existing Neighborhood Conservation oning only permits development of the property with single-family dwellings, accessory dwellings, and City- wide uses by -right. All other uses allowed in the district, including but not limited to 2- and 3 -family dwellings, offices, and limited businesses are only permitted with the approval of a conditional use permit. The applicant feels that a re oning to Main Street Center will positively address the goals of City Plan 2030. Staff agrees, finding that despite the conditional use permit process provision of detail that can assure compatibility, this may not be necessary given the wide variety of existing and potential uses and intensities in close proximity to the site. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The sub ect property has access to est Avenue, which was classified during the Downtown Master Plan process as ST 45. This classification includes two lanes for traffic movement and one for on -street parking in addition to tree wells and sidewalks. Given this, a re oning of the property to Main Street Center, with its lack of density re uirements, has the potential to increase traffic in this area as the site develops. However, given the small si a of the property, any increase in vehicular trips in the area will likely not appreciably increase traffic danger or congestion. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: The MSC oning district includes no density limitation, as compared to the 10 units per acre of the existing NC oning district. Despite this, and with due consideration for site constraints such as the si a of the property and the 15 to 25 slope along the western third of both parcels, staff does not anticipate an undesirable increase in potential impact on City or Fayetteville Public Schools facilities. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even G:\ETC\Development Services Review\2019\Development Services\19-6666 RZN 119 & 127 S. West Ave. (Canfield) 523\03 Planning Commission\6-10-2019 Planning Commission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 4 of 15 though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N A RECOMMENDATION: Planning staff recommends forwarding RZN 19-6666 to the City Council with a recommendation for approval. PLANNING COMMISSION ACTION: Re uired ES Date: June 10, 2019 O Tabled 0 Forwarded O Denied I Motion: Hoffman Second:Johnson 9-0-0, recommending in favor and also recommending the City Council evaluate a ote: design overlay district and or a broader re oning in the Cultural Arts Corridor. BUDGET STAFF IMPACT: None Attachments: • Unified Development Code: o §161.27 — MSC, Main Street/Center o §161.29 - NC, Neighborhood Conservation • Request letter • Downtown Illustrated Plan Exhibit • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map G:\ETC\Development Services Review\2019\Development Services\19-6666 RZN 119 & 127 S. West Ave. (Canfield) 523\03 Planning Commission\6-10-2019 Planning Commission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 5 of 15 161.27 - Main Street Center (A) Purpose. A greater range of uses is expected and encouraged in the Main Street/Center. The Center is more spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood Conservation. Multi -story buildings in the Center are well-suited to accommodate a mix of uses, such as apartments or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time are appropriate for the Main Street/Center. The Center is within walking distance of the surrounding, primarily residential areas. For the purposes of Chapter 96: Noise Control, the Main Street/Center district is a commercial zone. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Unit 13 Unit 14 Three (3) and four (4) family dwellings Eating places Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Unit 34 Unit 41 Multi -family dwellings Liquor stores Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit2 Unit3 City-wide uses by conditional use permit Public protection and utility facilities Unit Gasoline service stations and drive-in/drive Unit Center for collecting recyclable materials Unit Dance halls Unit Outdoor music establishments G:\ETC\Development Services Review\2019\Development Services\19-6666 RZN 119 & 127 S. West Ave. (Canfield) 523\03 Planning Commission\6-10-2019 Planning Commission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 6 of 15 Unit Wireless communication facilities Unit Sidewalk Cafes Unit Clean technologies (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling (all unit types) (2) Lot Area Minimum. None. (E) Setback Regulations. 18 feet A build -to zone that is located Front between the front property line and a line 25 feet from the front property line. Side None Rear 5 feet Rear, from center line of 12 feet an alley (F) Minimum Buildable Street Frontage. 75% of lot width. (G) Building Height Regulations. Building Height Maximum 5 stories/7 stories* A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of seven (7) stories. (Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5042, 8-07-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4- 20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800 , § 1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§ 5, 7-9, 1-17- 17; Ord. No. 6015 , §1(Exh. A), 11-21-17) G:\ETC\Development Services Review\2019\Development Services\19-6666 RZN 119 & 127 S. West Ave. (Canfield) 523\03 Planning Commission\6-10-2019 Planning Commission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 7 of 15 161.29 - Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12a Limited business" Unit 24 Home occupations Unit 25 Unit 28 Unit 36 Offices, studios, and related services Center for collecting recyclable materials Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single Family 1 40 feet Two Family 1 80 feet Three Family 1 90 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. A build -to zone that is located Front between the front property line and a line 25 feet from the front property line. G:\ETC\Development Services Review\2019\Development Services\19-6666 RZN 119 & 127 S. West Ave. (Canfield) 523\03 Planning Commission\6-10-2019 Planning Commission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 8 of 15 Side 5 feet Rear 5 feet Rear, from center line of 12 feet an alley (F) Building Height Regulations. Building Height Maximum 3 stories G:\ETC\Development Services Review\2019\Development Services\19-6666 RZN 119 & 127 S. West Ave. (Canfield) 523\03 Planning Commission\6-10-2019 Planning Commission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 9 of 15 REZONING 119 127 S. est avenue Statement of Compatibility This rezoning request is being made in the interest of adding options for the property owner. Currently zoned NC — Neighborhood Conservation, this ensures the existing character and fabric of the neighborhood is maintained. Our request does not seek to change that in spirit, but to reinforce it. By allowing uses that can operate in a residential type of setting and structure, are compatible with and complimentary to residential uses, yet are not residences. Some examples would be small professional offices, studios, live/work units, biking and trail -related services and food and beverage options. Our `Requested Zoning District' for the purposes of this submittal has been defined as `MSC' Main Street/Center. On first glance that seems to fit. But it is possible to have a district that supports more diversity by allowing uses compatible with and complimentary to residential uses, and found in that MSC district, while maintaining the desirable character and fabric of the existing streetscape in keeping with the spirit of the NC district. The problem is that I'm not sure that district currently exists in our playbook. The activity levels on this portion of West avenue are currently high and only going to increase with the current development of both the library and the Arts Corridor along the bike trail. The existing residential character of the neighborhood is desirable to maintain. The people who live in this area do so expecting a dynamic, active, urban experience and thus want services they can access quickly and easily without involving vehicular travel. Could this possibly be addressed by merely expanding the Use by Right category in the NC district? This would ensure the preservation of the current residential character and feel of the street while acknowledging the use and activity levels here are more in keeping with a district allowing opportunity for a more diverse mix of uses. As with any district aiming to provide a diverse mix of services and activities, it is reasonable to assume that the potential for conflict is always there. That is why we have these codes, ordinances and regulations to ensure that opportunity for those conflicts to arise is minimal. Our zoning regulations have become quite thorough and well thought-out here in Fayetteville because they are constantly evolving and becoming more specialized and defined as our community grows and its wants and needs are further defined and addressed. This portion of West avenue does represent a last remaining vestige of the character and feel of the old town of Fayetteville as it was. And it is important that we preserve that. But there is no reason we cannot maintain that aspect of this area while simultaneously expanding the possibilities and opportunities available to the property owner by expanding the list of allowable uses. As both a property owner in this community and a licensed Architect in the State of Arkansas, I thank you for the opportunity to bring this matter before the Commission for your consideration. W. Cal Canfield Planning Commission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 10 of 15 *0 low 11 t -• it l� r- ifsM. Mt 16 Win h d d _ p � 3 N � LL ir9y`_, N � O anue M r s 0 N *0 low 11 t -• it l� r- ifsM. Mt 16 Win h d d _ p � LL ir9y`_, .j anue M r s 1 f anuaAW AemueaaE) 3joegao ea ilea i oosiaa VT r] r..Fig?s 3t4 A NEW #: ...�.... i �, •fit i,,''; s r?� € C- Ulm e � 013 B nin�mmission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 11 of 15 ir9y`_, r..Fig?s 3t4 A NEW #: ...�.... i �, •fit i,,''; s r?� € C- Ulm e � 013 B nin�mmission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 11 of 15 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 WASTEWATER TREATMENT (730) 2019 Requestor: Cheryl Partain BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A Budget Adjustment is needed in the Plant Pumps and Equipment - WWTP project for the repair of Cyclo -Blowers at the Westside WWTP. Budgeted funds from the Sanitary Sewer Rehabilitation project will be transferred to this project to cover the cost of this item. The budgeted funds being transferred are for sewer rehabilitation/replacement and maintenance. COUNCIL DATE: LEGISTAR FILE ID#: 8/6/2019 2019-0438 L ik H Utd Qivl k 7/19/2019 7:30 AM Budget Director TYPE: JOURNAL #: Date D - (City Council) RESOLUTION/ORDINANCE I GLDATE: CHKD/POSTED: TOTAL Account Number - _ Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20190516 Account Name 5400.730.5800-5414.00 34,627 - 02069 1 EX Plant Equipment Maintenance 5400.720.5700-5815.00 (34,627) - 02017 1 EX Sewer Improvements H:\Budget Adjustments\2019_Budget\City Council\08-06-2019\2019-0438 BA Blocker & Walker Service LLC 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2019-0453 Agenda Date: 8/6/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: C. 6 File Type: Resolution WASHINGTON COUNTY NORTHWEST ARKANSAS CRISIS STABILIZATION UNIT MOU: A RESOLUTION TO APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FAYETTEVILLE AND WASHINGTON COUNTY FOR THE CITY TO USE THE NORTHWEST ARKANSAS CRISIS STABILIZATION UNIT AT NO COST THROUGH 2019 WITH A FEE OF $40.00 PER DAY FOR EACH INDIVIDUAL THE CITY SENDS FOR TREATMENT BEGINNING ON JANUARY 1, 2020 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves and authorizes Mayor Jordan to sign a Memorandum of Understanding with Washington County for the City to participate in the use of the Northwest Arkansas Crisis Stabilization Unit, at no cost to the City through 2019, with a daily fee of $40.00 per day for each individual the City sends for treatment beginning on January 1, 2020. City of Fayetteville, Arkansas Page 1 Printed on 7/25/2019 City of Fayetteville Staff Review Form 2019-0453 Legistar File ID 8/6/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Don Marr, Chief of Staff 7/24/2019 Submitted By Submitted Date Action Recommendation: POLICE (200) Division / Department Approval of a Memorandum of Understanding between the City of Fayetteville and Washington County for the use and participation with Northwest Arkansas Crisis Stabilization Unit with no budget impact cost for 2019. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Previous Ordinance or Resolution # Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title $ - Approval Date: V20140716 CITY OF FAYETTEVILLE ARKANSAS TO: Mayor Lioneld Jordan City Council THRU: City Attorney City Clerk Mayor Lioneld Jordan FROM: Don Marr, Chief of Staff Greg Tabor, Chief of Police DATE: July 24, 2019 STAFF MEMO SUBJECT: Approval of Memorandum of Understanding with Northwest Arkansas Crisis Stabilization Unit RECOMMENDATION: To approve the memorandum of understanding for the City of Fayetteville to utilize the Northwest Arkansas Crisis Stabilization Unit. BACKGROUND: In June of this year, the County Judge Joseph Woods and County Attorney Brian Lester requested the City of Fayetteville to sign a memorandum of understanding with Washington County and the Northwest Arkansas Stabilization Unit to assist in the maintenance and operation of the NWA Crisis Stabilization Unit The State of Arkansas enacted Act 423 of 2017, otherwise known as the Criminal Justice Efficiency and Safety Act of 2017, which authorized the opening of regional crisis stabilization units and provided partial funding for the staffing of these units. Washington County recognizes that they have a responsibility to maintain and operate jails and acknowledge that there is an ever-increasing number of persons incarcerated in the Washington County Jail with mental health and co-occurring substance abuse issues. The City of Fayetteville and Washington County are searching for alternative solutions to incarceration. Washington County has secured an appropriate facility for the Northwest Arkansas Crisis Stabilization Unit which will help people stay out of jail by offering mental health and co- occurring substance treatment. These individuals tend to stay longer in jail and upon release, are at a higher risk of recidivism than people without these disorders. DISCUSSION: Washington County Judge Joseph Woods received state funding through State of Arkansas grant to establish a Crisis Stabilization Unit to provide services to individuals suffering from mental health and co-occurring substance treatment for a four (4) County area, which includes Washington County and the City of Fayetteville AR. In order for the City of Fayetteville to utilize Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 the NWACSU and have options for taking individuals to a location other than the Washington County Jail the City will need to approve the attached MOU. BUDGET/STAFF IMPACT: This request will cost the City $40.00 per day up to the length of stay for each individual the City delivers to the NWACSU for treatment. The medical services provider shall determine the length of stay necessary. The length of stay for an individual admitted to the Unit shall not exceed the amount of time allowed by state and federal law. (The average length of stay shall not exceed 72 hours, and under no circumstances shall the length of stay exceed 96 hours.) This fee is waived in Section 3 of the MOU for 2019, stating "The payments identified ... shall commence on January 1, 2020". The Washington County Judge and the Criminal Justice Advisory Board shall review the fee amount annually and send notice of modifications by September 1 St of each year and these modifications shall go into effect January 1 st of the following year. All modifications shall be given in writing and shall be signed by the participating counties, cities and law enforcement agencies. If the City of Fayetteville fails to appropriate funds for subsequent periods within the term of this agreement, the City shall not be obligated to make payments beyond the then current fiscal appropriation period. So, the City Council will approve funding each year and if it chooses not to, the agreement ends. Additionally, the City can exercise its right to terminate this agreement if the conflict cannot be resolved or by notifying all other agencies in writing at least thirty (30) days prior to such termination. Attachments: Memorandum of Understanding with Northwest Arkansas Crisis Stabilization Unit, Attachment 1 (Data Sharing), Attachment 2 (Criteria for Admission), Admission and Exclusion Criteria for Law Enforcement MEMORANDUM OF UNDERSTANDING NORTHWEST ARKANSAS CRISIS STABILIZATION UNIT This Memorandum of Understanding ("MOU") is entered into by and between Washington County, Arkansas ("Washington County") and the City of Fayetteville ("Fayetteville"). WITNESSETH: WHEREAS, counties routinely provide treatment services to the estimated 2 million people with serious mental illnesses booked into jail each year; and, WHEREAS, prevalence rates of serious mental illnesses in jails are three to six times higher than for the general public; and, WHEREAS, almost three-quarters of adults with serious mental illnesses in jails have co-occurring substance use disorders; and, WHEREAS, adults with mental illnesses tend to stay longer in jail and, upon release, are at a higher risk of recidivism than people without these disorders; and, WHEREAS, county jails spend two to three times more on adults with mental illnesses that require interventions compared to those without these treatment needs; and, WHEREAS, without the appropriate treatment and services, people with mental illnesses continue to cycle through the criminal justice system, often resulting in tragic outcomes for these individuals and their families; and, WHEREAS, all counties take pride in their responsibility to protect and enhance the health, welfare, and safety of its residents in efficient and cost-effective ways; and, WHEREAS, Washington County has secured an appropriate facility for the Northwest Arkansas Crisis Stabilization Unit ("NWACSU"), which will help people stay out of jail by offering mental health and co-occurring substance treatment; and, WHEREAS, through Stepping Up, the National Association of Counties, The Council of State Governments Justice Center, and the American Psychiatric Association Foundation are encouraging public, private, and nonprofit partners to reduce the number of people with mental illnesses in jails; and, WHEREAS, the Counties recognize that they have a responsibility to maintain and operate jails and acknowledge that there are increasing numbers of persons incarcerated in their respective county jails with mental health and co-occurring substance abuse issues and that jails are searching for alternative solutions to incarceration; and, WHEREAS, in an attempt to address these growing concerns the State of Arkansas enacted Act 423 of 2017, otherwise known as the Criminal Justice Efficiency and Safety Act of 2017, which authorized the opening of regional crisis stabilization units and provided partial funding for the staffing of said units; and, 7/24/2019 C:\Users\dmarr\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\2EB91TG8\MOU Fayetteville.docx WHEREAS, the Counties and Cities acknowledge that Washington County alone cannot, and should not, be solely responsible for the maintenance and operations of the NWACSU; and, WHEREAS, the Counties and Cities desire to enter into a contractual agreement whereby County and City funds are made available to Washington County to assist in the maintenance and operation of the NWACSU. IT IS THEREFORE HEREBY AGREED THAT: Section 1. Payments. To help defray the cost of personnel, supplies, and services provided by the NWACSU, the City of Fayetteville agrees to pay forty dollars ($40.00.) per day, up to the length of stay, for each individual it delivers to the NWACSU for treatment. The medical services provider shall determine the length of stay necessary. A day is defined as any amount of time, during a calendar day, after acceptance for admission into the NWACSU. Section 2. Annual Review. The Washington County Judge and the Criminal Justice Advisory Board shall review the amount listed in Section 1 annually and send notice of modifications by September 1St of each year and said modifications shall go into effect January 1St of the following year. All modifications shall be in writing and signed by the participating counties, cities and law enforcement agencies. Section 3. Payment Due Date. Washington County shall send an itemized bill to each County and City by the fifteenth (15th) day of each month. The payments identified above shall commence on January 1, 2020. Section 4. Use. Each County and City shall be responsible for transporting individuals to the NWACSU. If the NWACSU is at maximum capacity and unable to accept new individuals, the medical services provider will provide verbal notification to each CIT officer that calls in while the facility is closed to admissions. Section 5. Ratification. If a County or City fails to ratify this agreement, that County or City may not participate in the NWACSU. Section 6. Duration. The duration of this agreement shall be perpetual, unless and until the State of Arkansas reduces or withdraws funding of the NWACSU. Section 7. Non -appropriation. Notwithstanding anything contained in this Agreement to the contrary, if a County or City fails to appropriate funds for subsequent periods within the term of this Agreement, the County or City shall not be obligated to make payment(s) beyond the then -current fiscal appropriation period provided that once an appropriation is made, the County or City is obligated to provide funds for that appropriation period. Section 8. Change of Designee. Should a County or City need to change its designee, the County or City shall immediately provide written notice to Washington County and the contracted medical services provider, so as to ensure that said County or City is provided with updates regarding current billing information. 7/24/2019 C:\Users\dmarr\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\2EB91TG8\M0U Fayetteville.docx Section 9. Ownership and Disposition of Property. Washington County owns and will continue to own, or will enter into a lease agreement, for the facility that will house the NWACSU. All personal property, i.e. furniture, medical equipment, computer equipment, etc., provided at the facility is, and will continue to be, the property of Washington County. Cities and counties will have no legal authority, right, or title to the facility that houses the NWACSU or the personal property contained therein. Section 10. Len th of Stay., The length of stay for an individual admitted to the NWACSU shall not exceed the amount of time allowed by state and federal law. The average length of stay shall not exceed 72 hours, and under no circumstances shall the length of stay exceed 96 hours. Section 11. Program Goal. The goal of the program is to improve the lives of individuals with behavioral health issues by assisting them to gain access to case management and other appropriate resources in the community. Section 12. Criminal Justice Advisory Board. The Northwest Arkansas Criminal Justice Advisory Board ("CJAB") will periodically review data and records of the participating jails and the NWACSU in order to assist with the transfer of data and/or make recommendations for protocols for the efficient use of criminal justice resources when applicable. Additionally, the Board will provide information regarding NWACSU activities and accomplishments to the Washington County Quorum Court upon request. Members of the Advisory Board will be appointed by the Washington County Judge. Section 13. Individual Agency Responsibilities and Staff Commitments: WASHINGTON COUNTY 1. Washington County will contract for and fund the construction of the NWACSU facility. 2. Washington County will provide ongoing maintenance and utilities for the NWACSU. 3. Washington County will enter into and manage the services contract with a medical services provider for the NWACSU. 4. Initially, only mental health and co-occurring substance abuse services will be provided at the NWACSU. In the future, sobering beds may added to the scope of services. 5. Washington County will participate as an active member in the CJAB. 6. Washington County will provide necessary training to new or replacement committee members. 7. Washington County will receive, analyze, and report all required data as required by the State of Arkansas ("State") in order to receive reimbursement for funding of the NWACSU. 8. Washington County will ensure that the medical services provider reports all data necessary to continue participation in the State CSU pilot program. PARTICIPATING COUNTIES, CITIES AND LAW ENFORCEMENT AGENCIES 1. The designated representative of each county and law enforcement agency shall contribute data to the program as defined in Attachment 1, Data Collection and Sharing. 7/24/2019 C:\Users\dmarr\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\2EB91TG8\MOU Fayetteville.docx 2. The Counties and law enforcement agencies will ensure that its officers receive CIT training as required by state law. 3. The Counties and law enforcement agencies shall provide funding as agreed upon herein. 4. The law enforcement agencies shall provide transportation to the facility by a CIT trained officer, or his or her designee, for any individual who meets the agreed upon criteria for admission to the NWACSU as defined in Attachment 2, Criteria for Admission. 5. The law enforcement agencies agree that individuals may be sent to the NWACSU from jails or community mental health centers. At this time, the NWACSU shall prioritize services for individuals with whom CIT trained officers have made contact with during the normal course of their business and a determination that the individual meets the agreed upon criteria for admission to the NWACSU as defined in Attachment 2, Criteria for Admission is made. These individuals have not been charged with a crime or booked into a jail. 6. The Counties and law enforcement agencies will abide by all policies and procedures developed and agreed to between Washington County and the medical services provider, including but not limited to submittal of basic information prior to drop-off at the CSU; criteria for admissions. Section 14. Agreement. In creating this partnership and uniting around the goal of improving public safety, we are pledged to enhance communication and cooperation among regional counties, law enforcement agencies, and the medical services provider. Through this linkage of services, we expect improved outcomes and effectiveness in addressing the needs of persons with behavioral health issues. Section 15. Data Sharinpl. The partners agree that sharing data between and among themselves is crucial to the success of the NWACSU. Thus, the partners agree to develop a plan and protocols for the collection and sharing of program data, and to share all needed data, as long as doing so does not violate any law or regulation. Any information used and collected will be for the sole purpose of the NWACSU. Confidentiality of the program participant is paramount. However, compiled data, absent any individually identifying information, will be provided to State as required for continued participation in the State's crisis stabilization unit pilot program, for reimbursement purposes from the State, and to seek other funding sources, such as grants. Section 16. Conflict Resolution. Any conflict that arises will be referred to the Washington County Judge's Office for resolution. Washington County shall attempt to resolve the problem to ensure continuation of the Program. If unable to resolve the conflict, the individual county or city can exercise its right to terminate. Section 17. Agreement Modifications. Any individual county or city wishing to amend and/or modify this Agreement will notify the Washington County Judge's Office. Washington County will address the issue(s) for the purpose of modifying and/or amending the Agreement. Otherwise, the MOU shall be reviewed annually, beginning on January 1, 2020, by the Washington County Judge's Office to ensure compliance with best practices. All modifications shall be in writing and signed by the participating counties and law enforcement agencies. 7/24/2019 C:\Users\dmarr\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\2EB91TG8\MOU Fayetteville.docx Section 18. Termination of A reement.' Individual counties or law enforcement agencies contemplating termination of their participation in this Agreement shall first notify Washington County of their concerns. Washington County shall attempt to resolve the problem to ensure continuation of the program. If unable to resolve the problem, the individual county or city can exercise its right to terminate this Agreement for a material breach of this Agreement or by notifying all other agencies in writing a minimum of thirty (30) days prior to such termination. Section 19. Term. This MOU is effective when it is signed by all the parties and shall remain in effect until terminated. IN WITNESS WHEREOF, the parties have executed this Agreement. Washington County Judge Date Mayor of Fayetteville 7/24/2019 Date C:\Users\dmarr\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\2EB91TG8\MOU Fayetteville.docx MEMORANDUM OF UNDERSTANDING NORTHWEST ARKANSAS CRISIS STABILIZATION UNIT ATTACHMENT 1 DATA SHARING This attachment to the Memorandum of Understanding ("MOU") for the Northwest Arkansas Crisis Stabilization Unit ("NWACSU") provides detail as to the data -sharing component of the MOU. The details below are subject to modification upon negotiation among and agreement between the parties to the MOU. Considerations There are several points of common understanding that convey the spirit of this attachment: 1. "Data" means individual -level and comprehensive information housed in the party's records management system(s), to include, but not limited to, the following field descriptors; name, age, date of birth, race, sex, Social Security Number, individual's address, location of arrest, type hold, type charge, classification (felony or misdemeanor), court information, dispatch information (e.g., how the call was initiated, how many officers were deployed, how many ambulances were deployed, was a Crisis Intervention Team Officer involved, if not was a an officer with Crisis Intervention Training on scene, was the arrestee violent or did the officers use force), total number of individual's incarcerated, total number of incarcerated individuals with a serious mental illness, total number of individuals who screen positive on a mental health screen, total number of individuals who screen positive on a substance abuse screen, number of individuals who are diagnosed with a serious mental illness while incarcerated, average length of stay for individuals without a serious mental illness, average length of stay for individuals with a serious mental illness, recidivism rate for those without a serious mental illness, and recidivism rate for those with a serious mental illness. 2. "De -identify" means that parties will be responsible for removal of individual identifiers (name, Social Security Number, address) and, when necessary, replace them with alternative unique identifiers prior to the transfer of arrest information to Washington County. 3. Parties shall deliver Data through a mutually agreed upon format and secured data transmission process. Counties and law enforcement agencies are responsible for the security of the Data prior to and during transmission. Recipient is responsible for the security of the Data after transmission. 4. Whenever possible, the parties will share existing Data, rather than having to collect/ create new Data that does not exist at the time of this agreement. 5. All of the parties agree that, to the extent possible, the parties wish to operate the Deflection Program efficiently, while avoiding the creation of new work for their individual staff. 6. The Data provided to the Program will be restricted to that which is needed for the Program's purposes. 7. Parties may not use the Data to contact any individual who is the subject of the information. 7/24/2019 C:\Users\dmarr\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\2EB91TG8\MOU Fayetteville.doa 8. At all times, the parties in the Program will be the owners of their own Data. 9. At all times, the parties in the Program will de -identify mental health information received in the course of Program activities and shall be kept such Data confidential and nonpublic, and in accordance with applicable federal, state, and local laws. See Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH) (PL - 111 -5), (collectively referred to hereinafter as "HIPAA"); Ark. Code Ann. § 25-19-105. 10. All parties to the MOU are bound by applicable laws and regulations at the federal, state, and local levels. 11. Parties shall report to the involved party within twenty-four (24) hours of becoming aware of any security breach or use or disclosure of the party's Data in violation of this Agreement or applicable law. Data specifies 1. The initial Data that will be provided to the medical services provider, as the central point for the Program, includes the following as available: • Name • Date of birth • Contact information for the individual • Date, time and location of call • Time spent on call • Case notes- including previous law enforcement contact with the individual • Answer to questions: o "Would this person benefit from behavioral health/substance abuse services?" o "Is the person open to treatment and follow-up contact?" The above Data will be provided by the law enforcement agency prior to dropping off the individual at the CSU. 2. Each participating county/local jail shall immediately provide medical records to the NWACSU upon receipt of a signed authorization and/or release provided by the NWACSU or pursuant to a simple request from NWACSU, if a Business Associate Agreement has been entered into. 3. Each participating county/local jail and law enforcement agency shall provide Data and records as requested by the CJCC. 4. Each participating county/local jail and law enforcement agency shall provide Data and records as requested by Washington County for the purpose of seeking reimbursement from the State and/or compiling data to seek additional opportunities to grow the NWACSU Program. 5. Each participating county/local jail and law enforcement agency shall provide Data and records in accordance with the rules promulgated by the Arkansas Crime Information Center (ACIC) pursuant to Act 423 of 2017. Modifications The specifics of this attachment are subject to modification by the partners to the MOU. Requested/proposed modifications will be subject to the modification provision in the MOU. 7/24/2019 C:\Users\dmarr\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\2EB91TG8\MOU Fayetteville.docx MEMORANDUM OF UNDERSTANDING NORTHWEST ARKANSAAS CRISIS STABILIZATION UNIT ATTACHMENT 2 CRITERIA FOR ADMISSION DEFINITION: A Crisis Stabilization Unit (CSU) is defined as a program of non -hospital emergency services, with sixteen or fewer beds, providing crisis stabilization for individuals who are experiencing a behavioral health crisis and/or detained by law enforcement, as authorized by Act 423 of 2017. CSUs provide observation, evaluation and emergency treatment and referral, when necessary, for inpatient psychiatric or substance use disorder treatment services. DESCRIPTION OF SERVICE: This level of care provides a facility -based program where patients with an urgent/emergent need can receive crisis stabilization services in a safe, structured setting. It provides continuous 24-hour observation and supervision for individuals who do not require intensive clinical treatment in an inpatient setting and would benefit from a short-term structured stabilization setting. The primary objective of the CSU is to promptly conduct a comprehensive assessment of the patient and to develop a treatment plan with emphasis on crisis intervention services necessary to stabilize and restore the patient to a level of functioning that requires a less restrictive level of care. CSU stays are short-term, with efficient and coordinated transfer of the individual to a less restrictive level of care following stabilization or a more restrictive level of care as needed. Prior to discharge, there is a documented active attempt at coordination of care with appropriate community-based services or agencies. Licensure and credentialing requirements specific to facilities and individual practitioners do apply and are found in the Arkansas Department of Human Services, Behavioral Health Acute Crisis Unit Certification. ADMISSION CRITF;RIA: All the following criteria are necessary for admission to this level of care. 1. A law enforcement officer, employed by a participating county and/or law enforcement agency, who has received crisis intervention training ("CIT") as mandated by state law, makes contact with the individual and determines that the CSU is an appropriate option for the individual. 2. Law enforcement has not made contact with the individual due to the commission of a felony level offense. 3. The individual is eighteen (18) years old or older. 4. The individual presents with acute onset or exacerbation of a behavioral health related condition, not constituting an immediate substantial likelihood or harm, but if left untreated may deteriorate into a behavioral health emergency. 5. There is clinical evidence that the individual's active symptomology is consistent with a DSM 5 diagnosis that is primarily psychiatric in nature (i.e., not solely due to developmental disability, neurological condition, or substance abuse disorder). 7/24/2019 C:\Users\dmarr\AppData\Local\Microsoft\Windows\INetCache\Content.0 utlook\2EB91TG8\MOU Fayetteville.docx 6. The individual's condition can be reasonably expected to respond to intensive, structured intervention and stabilization, allowing the individual to continue to receive services at a less restrictive level of care. 7. The individual voluntarily consents to receive services at this level of care. 8. The individual is presently on an involuntary commitment but is without a current pick up order issued by the court. 9. Priority of admission shall be given to individuals in the "Cohort Group" established by Washington County as required by DHS for participation in the CSU Pilot Program. The "Cohort Group" shall consist of all individuals in the counties of Washington, Madison, Benton, and Carroll. 10. If the NWACSU is at maximum capacity and unable to accept new individuals, the medical services provider will provide verbal notification to each CIT officer that calls in while the facility is closed to admissions. EXCLUSION CRITERIA: Any of the following criteria are sufficient for exclusion from this level of care: 1. The individual's psychiatric and/or medical condition is of such severity that it can only be safely treated in an inpatient setting, including, but not limited to: a. The individual demonstrates suicidal/assaultive/destructive ideas, threats, or plans, which present risk to self or others as evidenced by degree of intent, lethality of plan, means, hopelessness or impulsivity. b. The individual is imminently unable to care adequately for his/her own physical needs due to disordered/bizarre behavior to the extent that immediate stabilization is required. c. The individual meets InterQual criteria for admission to a hospital for planned medical detox. d. The individual is presently on conditional release under Act 911. e. The individual is presently on involuntary commitment with a current pick up order that has been issued by the court. 2. The individual has a history of poorly controlled epilepsy as show by seizures in the last seven (7) days. 3. The individual has had a recent head injury, which was observed by the referring party. 4. Individuals with casts, canes, or who are otherwise non-ambulatory. 5. Individuals with open wounds requiring extensive wound care. 6. The individual can be safely maintained and effectively treated in a less intensive and less restrictive level of care. 7. The primary problem is socioeconomic (i.e., family conflict, lack of housing etc.) or one of physical health without a concurrent major psychiatric episode meeting criteria for this level of care. 8. The care being provided to the individual is primarily custodial in nature. 9. Individuals who attempt to "walk -into" the NWACSU. 7/24/2019 C:\Users\dmarr\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\2EB91TG8\MOU Fayetteville.docx CONTINUED STAY CRITERIA: All the following criteria are necessary for continuing treatment at this level of care: 1. The individual's condition continues to meet admission criteria at this level of care and does not require a more intensive level of care. 2. Care is rendered in a clinically appropriate manner, is focused on the individual's behavioral and functional outcomes and is carefully structured to achieve optimum results in the most time efficient manner possible consistent with sound clinical practice. 3. Progress in relation to specific symptoms or impairments is clearly evident and can be described in objective terms, but goals of treatment have not yet been achieved or there has been clinically appropriate treatment plan adjustments to address the lack of progress. 4. There is a documented active attempt at coordination of care with appropriate community-based services or agencies. DISCHARGE CRITERIA: Any of the following criteria are sufficient for discharge at this level of care: 1. The individual's documented treatment plan goals and objectives have been substantially met. 2. The individual has clinically improved and stabilized to the point where they can be safely maintained and effectively treated in a less intensive and less restrictive level of care. 3. The individual is not making progress toward treatment goals and there is no reasonable expectation of progress at this level of care. 4. The member is not likely to respond or is not responding to stabilization efforts and requires a more structured, monitored, and locked unit in order to assure the member's or others' safety. 5. The individual is in need of acute medical treatment requiring a hospital setting. 7/24/2019 C:\Users\dmarr\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\2EB91TG8\MOU Fayetteville.docx ADMISSIONS AND EXCLUSION CRITERIA FOR LAW ENFORCEMENT The NWACSU will perform admissions twenty-four hours a day, seven days a week, three - hundred and sixty-five days of the year. ADMISSION CRITERIA: 1. A law enforcement officer, employed by a participating county and/or law enforcement agency, who has received crisis intervention training ("CIT") as required by state law, makes contact with the individual and determines that the NWACSU is an appropriate option for the individual. 2. The individual is eighteen (18) years old or older. 3. The individual is exhibiting symptoms of a mental health disorder. 4. The individual's behavior is not solely due to intoxication. 5. The individual is not actively suicidal or homicidal (i.e. does not have an immediate plan or intent to hurt self or others). 6. The individual would benefit from NWACSU services. 7. The individual voluntarily consents to receive services at the NWACSU. 8. The individual is presently on an involuntary commitment but is without a current pick up order issued by the court. 9. Priority of admission shall be given to individuals in the Cohort Group as established by Washington County. EXCLUSION CRITERIA: 1. Acute intoxication that results in inability to walk. 2. Gross functional impairment for any reason, medical or psychiatric (i.e. unable to speak or manage basic needs, such as basic hygiene, toileting, etc.). 3. Medical conditions that would warrant the NWACSU an unsafe facility for the individual (i.e. individuals with casts, canes, open wounds that require wound care, etc.). 4. History of aggressive acts toward staff in facility settings. 5. The individual is presently on conditional release under Act 911. 6. The individual is presently on involuntary commitment with a current pick up order that has been issued by the court. 7/24/2019 C:\Users\dmarr\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\2EB91TG8\MOU Fayetteville.docx City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2019-0429 Agenda Date: 8/6/2019 Version: 1 Status: Agenda Ready In Control: City Council Meeting File Type: Presentation Agenda Number: D. 1 AGENDA SESSION PRESENTAITON - POLICE DEPARTMENT PRESENTATION City of Fayetteville, Arkansas Page 1 Printed on 7125/2019