City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
479-575-8323
City Council Meeting
October 6, 2015
5:30 p.m.
City Hall Room 219
City Council
Adella Gray Ward 1
Sarah Marsh Ward 1
Mark Kinion Ward 2
Matthew Petty Ward 2
Justin Tennant Ward 3
Martin W. Schoppmeyer, Jr. Ward 3
John S. La Tour Ward 4
Alan Long Ward 4
ELECTED OFFICIALS:
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Treasurer Sondra Smith
Call To Order
Roll Call
Pledge of Allegiance
Mayor’s Announcements, Proclamations and Recognitions
City Council Meeting Presentations, Reports and Discussion Items:
| 1. | 2015-0374 CITY COUNCIL MEETING PRESENTATION - FAYETTEVILLE NATURAL HERITAGE ASSOCIATION CHECK PRESENTATION RELATED TO KESSLER MOUNTAIN RESERVE |
| 2. | 2015-0451 CITY COUNCIL MEETING PRESENTATION - OZARK REGIONAL TRANSIT PRESENTATION |
Agenda Additions:
| A. | 1 2014-0512 APPROVAL OF THE SEPTEMBER 15, 2015 CITY COUNCIL MEETING MINUTES. |
| A. | 2 2015-0418 2015 JUSTICE ASSISTANCE GRANT LOCAL SOLICITATION AWARD: A RESOLUTION AUTHORIZE ACCEPTANCE OF A 2015 JUSTICE ASSISTANCE GRANT LOCAL SOLICITATION AWARD IN THE AMOUNT OF $72,774.00, OF WHICH $29,576.00 WILL BE USED BY THE FAYETTEVILLE POLICE DEPARTMENT, WITH $28,943.00 TO BE DISBURSED TO THE CITY OF SPRINGDALE AND $14,255.00 TO WASHINGTON COUNTY, AND TO APPROVE A BUDGET ADJUSTMENT |
| A. | 3 2015-0420 2015 BULLETPROOF VEST PARTNERSHIP PROGRAM MATCHING GRANT AWARD: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A FIFTY PERCENT (50%) MATCHING GRANT AWARD FROM THE 2015 BULLETPROOF VEST PARTNERSHIP PROGRAM IN THE AMOUNT OF $6,056.00 FOR THE REPLACEMENT OF BODY ARMOR VESTS FOR FAYETTEVILLE POLICE OFFICERS, AND TO APPROVE A BUDGET ADJUSTMENT |
| A. | 4 2015-0445 FAYETTEVILLE POLICE DEPARTMENT POLICIES: A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES 1.1.1, LAW ENFORCEMENT ROLE; 1.2.3, BIAS BASED PROFILING PROHIBITED; 1.3.4, LESS- LETHAL WEAPONS AND DEFENSIVE TACTICS; 12.1.1, ORGANIZATIONAL STRUCTURE, FUNCTIONS AND DIRECTION; 12.2.1, POLICIES, PROCEDURES AND RULES DEVELOPMENT AND REVIEW PROCEDURES; 22.2.8, MILITARY ACTIVATIONS; 25.1, GRIEVANCE PROCEDURES; 33.1, TRAINING; 35.1.1, PERFORMANCE EVALUATIONS/PERSONNEL EARLY WARNING SYSTEM; 41.2.5, MISSING PERSONS; 41.2.7, DEPARTMENT RESPONSE TO MENTALLY ILL SUBJECTS; 41.3.5, GROOMING AND UNIFORM REQUIREMENTS; 42.1.1, CRIMINAL INVESTIGATIONS; 44.1.1, JUVENILE OPERATIONS; AND 84.1.1, PROPERTY MANAGEMENT, ACQUIRED AND IN-CUSTODY |
| A. | 5 2015-0411 BID NO. 15-48 ALLIANCE PUMP & MECHANICAL, INC.: A RESOLUTION TO AWARD BID NO. 15-48 AND AUTHORIZE A CONTRACT WITH ALLIANCE PUMP & MECHANICAL, INC. IN THE AMOUNT OF $78,950.00 PLUS APPLICABLE TAXES TO REBUILD SEVEN (7) GEARBOXES AT THE NOLAND WASTEWATER TREATMENT PLANT |
| A. | 6 2015-0424 BLUEINGREEN, LLC CHANGE ORDER NO. 1: A RESOLUTION TO APPROVE CHANGE ORDER NO. 1 TO THE CONTRACT WITH BLUEINGREEN, LLC IN THE TOTAL AMOUNT OF $58,269.06 TO FUND THE SALES TAXES FOR OZONE EQUIPMENT NECESSARY FOR THE PROJECT AND AN INCREASE OF BLUEINGREEN, LLC’S WARRANTY BOND FROM ONE YEAR TO TWO YEARS, AND TO APPROVE A BUDGET ADJUSTMENT |
| A. | 7 2015-0429 TRIMARK STRATEGIC EQUIPMENT, INC.: A RESOLUTION TO AUTHORIZE THE PURCHASE OF A HYDROVECTION OVEN FROM TRIMARK STRATEGIC EQUIPMENT, INC. IN THE AMOUNT OF $21,848.40 PLUS APPLICABLE TAXES, PURSUANT TO A NATIONAL JOINT POWERS ALLIANCE COOPERATIVE PURCHASING AGREEMENT, FOR USE BY THE FAYETTEVILLE SENIOR CENTER |
| A. | 8 2015-0427 GARVER, LLC TASK ORDER NO. 4: A RESOLUTION TO APPROVE TASK ORDER NO. 4 WITH GARVER, LLC IN THE AMOUNT OF $27,500.00 FOR DESIGN, BIDDING AND CONSTRUCTION OVERSIGHT SERVICES FOR THE DRAKE FIELD AIRFIELD ROOF REHABILITATION PROJECT |
| A. | 9 2015-0447 HI-LITE AIRFIELD SERVICES, LLC CHANGE ORDER NO. 1: A RESOLUTION TO APPROVE CHANGE ORDER NO. 1 TO THE CONTRACT WITH HI-LITE AIRFIELD SERVICES, LLC IN THE AMOUNT OF $8,895.00 TO INCREASE THE QUANTITIES OF AIRFIELD PAVEMENT MARKINGS TO BE REHABILITATED |
| A. | 10 2015-0414 WASHINGTON COUNTY VIDEO SERVICES CONTRACT: A RESOLUTION TO APPROVE A ONE YEAR VIDEO SERVICES CONTRACT WITH WASHINGTON COUNTY IN THE AMOUNT OF $750.00 PER MONTH FOR THE CITY’S MEDIA SERVICES DIVISION TO RECORD, TELECAST, STREAM AND ARCHIVE MEETINGS OF THE WASHINGTON COUNTY QUORUM COURT AND CERTAIN COMMITTEES, AND TO APPROVE A 0.25 FULL TIME EQUIVALENT POSITION INCREASE |
| A. | 11 2015-0446 SWEPCO UTILITY RELOCATIONS: A RESOLUTION TO APPROVE A UTILITY RELOCATION AGREEMENT WITH AEP/SWEPCO FOR UTILITY RELOCATIONS AS PART OF THE OLD WIRE ROAD/HIGHWAY 45 INTERSECTION IMPROVEMENTS PROJECT, WITH THE TOTAL AMOUNT TO BE PAID BY THE CITY OF FAYETTEVILLE NOT TO EXCEED $46,718.86 |
| B. | 1 2015-0330 ADM 15-5093 (UDC CHAPTERS 161, 164 AND 172 - SINGLE FAMILY AND TWO FAMILY INFILL) AN ORDINANCE AMENDING TITLE XV UNIFIED DEVELOPMENT CODE OF THE CITY OF FAYETTEVILLE TO AMEND CHAPTERS 161, 164 AND 172 TO MODIFY THE BULK AND AREA REGULATIONS TO ENCOURAGE SMALL LOT SINGLE FAMILY AND TWO FAMILY INFILL IN MULTI-FAMILY ZONING DISTRICTS AND TO INCLUDE MINIMUM DESIGN STANDARDS FOR THIS TYPE OF DEVELOPMENT |
| B. | 2 2015-0372 AMEND 172.05 (ADM 15-5088 UDC AMENDMENT CHAPTER 172.05 NON-RESIDENTIAL PARKING REQUIREMENTS: AN ORDINANCE TO AMEND SECTION 172.05 OF THE UNIFIED DEVELOPMENT CODE TO REMOVE MINIMUM PARKING STANDARDS FOR NON-RESIDENTIAL USES |
| B. | 3 2015-0405 2015 MILLAGE LEVY: AN ORDINANCE LEVYING A TAX ON THE REAL AND PERSONAL PROPERTY WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS, FOR THE YEAR 2015 FIXING THE RATE THEREOF AT 2.3 MILLS FOR GENERAL FUND OPERATIONS, 0.4 MILLS FOR THE FIREMEN’S PENSION AND RELIEF FUND, 0.4 MILLS FOR THE POLICEMEN’S PENSION AND RELIEF FUND AND 1.0 MILL FOR THE FAYETTEVILLE PUBLIC LIBRARY; AND CERTIFYING THE SAME TO THE COUNTY CLERK OF WASHINGTON COUNTY, ARKANSAS |
| C. | 1 2015-0423 NABHOLZ OF BIXBY, OKLAHOMA: A RESOLUTION TO AUTHORIZE THE PURCHASE OF A ROTARY LIFT SYSTEM FROM NABHOLZ OF BIXBY, OKLAHOMA IN THE AMOUNT OF $45,990.85 PLUS APPLICABLE TAXES PURSUANT TO A NATIONAL JOINT POWERS ALLIANCE COOPERATIVE PURCHASING AGREEMENT FOR USE BY FLEET OPERATIONS |
| C. | 2 2015-0422 BID NO. 15-47 PETERBILT OF FORT SMITH: A RESOLUTION TO AWARD BID NO. 15-47 AND AUTHORIZE THE PURCHASE OF A PETERBILT 320 DIESEL TRUCK WITH LABRIE/WITTKE SUPERDUTY FRONT LOADER FROM PETERBILT OF FORT SMITH IN THE AMOUNT OF $243,520.00 FOR USE BY THE RECYCLING AND TRASH COLLECTION DIVISION |
| C. | 3 2015-0428 BID NO. LSC-2015 BENCHMARK CONSTRUCTION: A RESOLUTION TO AWARD BID NO. LSC-2015 AND AUTHORIZE A CONTRACT WITH BENCHMARK CONSTRUCTION IN THE AMOUNT OF $37,000.00 FOR A KITCHEN REHABILITATION PROJECT AT LIFESOURCE INTERNATIONAL USING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS |
| C. | 4 2015-0454 APPLE SEEDS, INC.: A RESOLUTION TO AUTHORIZE THE SALE OF APPROXIMATELY 0.75 ACRE OF CITY-OWNED REAL PROPERTY LOCATED AT 2648 OLD WIRE ROAD TO APPLE SEEDS, INC. FOR THE AMOUNT OF $200,000.00, AND TO APPROVE A TWENTY (20) YEAR LEASE AGREEMENT WITH APPLE SEEDS, INC. FOR APPROXIMATELY TWO (2) ACRES ON THE NORTH END OF GULLEY PARK FOR THE PURPOSE OF OPERATING A TEACHING FARM |
| C. | 5 2015-0453 BRETT MICHAEL MAGUIRE AND KIMBERLY ANN MAGUIRE REAL ESTATE CONTRACT: A RESOLUTION TO AUTHORIZE THE SALE OF APPROXIMATELY 0.50 ACRE OF CITY-OWNED REAL PROPERTY LOCATED AT 2634 OLD WIRE ROAD TO BRETT MICHAEL MAGUIRE AND KIMBERLY ANN MAGUIRE FOR THE AMOUNT OF $111,500.00 |
| C. | 6 2015-0433 CITY SALES AND USE TAX BONDS: AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF THE CITY’S SALES AND USE TAX CAPITAL IMPROVEMENT BONDS, SERIES 2015, FOR THE PURPOSE OF FINANCING A PORTION OF THE COSTS OF CERTAIN STREET IMPROVEMENTS; AUTHORIZING THE EXECUTION AND DELIVERY OF A FOURTH SUPPLEMENTAL TRUST INDENTURE PURSUANT TO WHICH THE BONDS WILL BE ISSUED AND SECURED; AUTHORIZING THE EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT PURSUANT TO WHICH THE BONDS WILL BE OFFERED; AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT PROVIDING FOR THE SALE OF THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT; AND PRESCRIBING OTHER MATTERS RELATING THERETO |
| C. | 7 2015-0407 THEATRE SQUARED CITY COUNCIL SUPPORT: A RESOLUTION TO EXPRESS THE CITY COUNCIL’S SUPPORT OF THEATRE SQUARED AND ITS INTENT TO LEASE 0.8 ACRE OF CITY PROPERTY AT THE SOUTHEAST CORNER OF WEST AND SPRING AS THEATRE SQUARED’S NEW PERMANENT PERFORMANCE FACILITY |
| C. | 8 2015-0438 RZN 15-5179 (324 N. HORNSBY DR./MARKHAM HILL REZONE): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5179, FOR APPROXIMATELY 1.39 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION, AND RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE |
| C. | 9 2015-0442 RZN 15-5156 (1220 W. CLEVELAND ST./EXPIRED PZD 12-4079): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5156, FOR APPROXIMATELY 2.71 ACRES, LOCATED AT 1220 AND 1226 W. CLEVELAND STREET AND 725, 727 AND 805 HALL AVENUE FROM R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT TO RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE AND P-1, INSTITUTIONAL |
| C. | 10 2015-0441 RZN 15-5165 (1118 S. DUNN AVE./PEARSON DEVELOPMENT): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5165, FOR APPROXIMATELY 0.23 ACRES, LOCATED AT 1118 S. DUNN AVENUE FROM I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL TO NC, NEIGHBORHOOD CONSERVATION |
| C. | 11 2015-0432 RZN 15-5174 (S. END OF RUPPLE RD./STRIKER DEVELOPMENT): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5174, FOR APPROXIMATELY 102 ACRES, LOCATED AT THE SOUTHERN END OF RUPPLE ROAD FROM NC, NEIGHBORHOOD CONSERVATION; CS, COMMUNITY SERVICES; R-A, RESIDENTIAL-AGRICULTURAL; RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE; AND RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE TO R-A, RESIDENTIAL-AGRICULTURAL; RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE; RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE; NC, NEIGHBORHOOD CONSERVATION AND CS, COMMUNITY SERVICES |
| C. | 12 2015-0440 VAC 15-5087 (1005 E. ROCKWOOD TRAIL/ L & F CONSTRUCTION): AN ORDINANCE TO APPROVE VAC 15-5087 SUBMITTED BY FRED PATRICK FOR PROPERTY LOCATED AT 1005 ROCKWOOD TRAIL TO VACATE AN ALLEY RIGHT OF WAY |
| C. | 13 2015-0437 VAC 15-5157 (688 N. WHITHAM AVE./1ST WESTERN BANK): AN ORDINANCE TO APPROVE VAC 15-5157 SUBMITTED BY GENE BUESCHER FOR PROPERTY LOCATED AT 688 WHITHAM AVENUE TO VACATE AN ALLEY RIGHT OF WAY |
| C. | 14 2015-0436 VAC 15-5161 (2055 E. SIGNAL HILL DEPOT/BUTTERFIELD TRAIL VILLAGE): AN ORDINANCE TO APPROVE VAC 15-5161 SUBMITTED BY JOE PERME FOR PROPERTY LOCATED AT 2055 E. SIGNAL HILL DEPOT TO VACATE A PORTION OF A UTILITY EASEMENT |
| C. | 15 2015-0434 VAC 15-5176 (MARK MILLS LANE/SUMMIT PLACE SD): AN ORDINANCE TO APPROVE VAC 15-5176 SUBMITTED BY BLEW & ASSOCIATES, INC. FOR PROPERTY LOCATED ALONG MARK MILLS LANE TO VACATE PORTIONS OF A CONSERVATION EASEMENT |
| C. | 16 2015-0439 VAC 15-5177 (1375 N. LEVERETT AVE./NOBLE OAKS APTS.): AN ORDINANCE TO APPROVE VAC 15-5177 SUBMITTED BY JORGENSEN & ASSOCIATES, INC. FOR PROPERTY LOCATED AT 1375 N. LEVERETT AVENUE TO VACATE A PORTION OF A UTILITY EASEMENT |
| C. | 17 2015-0443 VAC 15-5178 (SW CORNER JOYCE & STEELE BLVDS./CMN LOTS 3 & 4): AN ORDINANCE TO APPROVE VAC 15-5178 SUBMITTED BY JORGENSEN & ASSOCIATES, INC. FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF JOYCE & STEELE BOULEVARDS TO VACATE PORTIONS OF UTILITY, DRAINAGE AND TRAIL EASEMENTS |
| C. | 18 2015-0435 AMEND § 156.03 DEVELOPMENT, PARKING AND LOADING: AN ORDINANCE TO AMEND § 156.03 DEVELOPMENT, PARKING AND LOADING OF THE VARIANCES CHAPTER OF THE UNIFIED DEVELOPMENT CODE TO ESTABLISH A VARIANCE PROCEDURE FOR COMMERCIAL, OFFICE AND MIXED USE DESIGN AND DEVELOPMENT STANDARDS |
| C. | 19 2015-0425 PARKING DIVISION FULL TIME EQUIVALENT POSITION: A RESOLUTION TO AUTHORIZE THE ADDITION OF 1.0 FULL TIME EQUIVALENT POSITION TO THE PARKING DIVISION TO PROVIDE FOUR PART TIME EMPLOYEES TO STAFF EVENT PARKING IN THE SPRING STREET PARKING DECK |
| D. | City Council Agenda Session Presentations: |
NOTICE TO MEMBERS OF THE AUDIENCE
