Board of Directors

2nd REVISED AGENDA SILOAM SPRINGS BOARD OF DIRECTORS JUNE 16, 2015 - 6:30 P.M. ADMINISTRATION BUILDING, 400 N. BROADWAY I. Opening of Regularly Scheduled Meeting Call to Order Roll Call Prayer Pledge of Allegiance II. Approval of Minutes Regular Meeting of June 2, 2015 III. Public Input Items from the Public not on the Agenda (public may address any City business not listed on the agenda) IV. Regularly Scheduled Items Contracts and Approvals A. Agreement / Economic Development Coordinator / Siloam Springs Chamber of Commerce B. 2015 Affidavit for Destruction C. Contract Extension / Arkansas Blue Cross Blue Shield Ordinances D. Ordinance 15- 14 / 2nd Reading / Amending Municipal Code Section 102-50(e)(3) Residential Driveway Widths in the H-1 Zoning Overlay District E. Ordinance 15-15 / 2nd Reading / Amend Section 102-21 of the City Municipal Code/ Rezone I-2 to R-4 / 2220 Block E. Sherwood St. and E. Little John / CAP REO, LLC / John Schmelzle F. Ordinance 15-17 / Waive Competitive Bidding for Property Insurance /Mike Moss Agency / $78,220.22 / Declaring an Emergency Resolutions G. Resolution 28-15 / Commit City to Installing Water, Sewer and Electrical Utilities / Brashears Rd. W. Extension V. Staff Reports H. City Attorney / Special Election I. Administrator’s Report VI. Directors Reports VII. Adjournment  MINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF SILOAM SPRINGS, BENTON COUNTY, ARKANSAS, HELD JUNE 2, 2015 The Board of Directors of the City of Siloam Springs, Arkansas, met in regular session at the City of Siloam Springs Administration Building, on June 2, 2015. The Meeting was called to order by Mayor Turner. Roll Call: Johnson, Smiley, Bums, Brown, Smith, Coleman -Present Jones - Absent Phillip Patterson, City Administrator; Jay Williams, City Attorney; Renea Ellis, City Clerk; James Wilmeth, Police Chief; Greg Neely, Fire Chief; and Justin Bland, City Engineer; all present. Opening prayer was led by Director Coleman. Mayor John Turner led the Pledge of Allegiance. A copy of the May 19, 2015, minutes of the regular meeting had previously been given to each Director. A Motion was made by Smiley and seconded by Brown to accept the minutes. Mayor called for a voice vote. Motion passed unanimously. The first agenda item was the Open Hearing for Citizens Present. Karl Mounger, 708 Katie Lane, asked if plaques with historic value couldn't be donated to museum. Don Cundiff, 601 W. Tahlequah, talked about Senate Bill 223, and that he believes a vote is more appropriate than appointing a vacant seat. The next item on the agenda was Approval of a Purchase of Traffic Signal Upgrade Equipment from Pinkley Sales Company in the amount of $57,692.27. A Motion to approve was made by Smiley and seconded by Bums. Discussion: Bums asked what the necessity was for replacement. Glen Severn, Service Superintendent with the Electric Dept., stated video equipment is failing and will be replaced. Brown asked about a signal tech. Severn said 3 level 2 techs, and 1 apprentice are on staff at this time. Roll Call: Smiley, Burns, Brown, Smith, Coleman, Johnson - Aye. 6 Ayes. No Nays. Motion passed. The next agenda item on the agenda was Approval of the Purchase of a Bucket Truck for the Electrical Department from Nationa.1 Joint Power Alliance in the amount of $209,685.00. A Motion to approve was made by Smiley and seconded by Burns. Discussion: Brown asked what will be done with old one. Art Farine, Electric Director, stated it has over l 0,000 hours. They will use until end of year, then auction. Roll Call: Bums, Brown, Smith, Coleman, Johnson, Smiley - Aye. Board of Directors Meeting June 6, 2015 Page2 6 Ayes. No Nays. Motion passed. The next agenda item on the agenda was the Approval of an Agreement for Professio;nal Services for Water Plant Assessment with Garver Engineers, Inc. The Mayor pointed out the agreement is not to exceed $69K. A Motion to approve the agreement was made by Smiley and seconded by Bums. Discussion: Smith stated good idea to access. Brown asked why failures are occurring. Steve Gorszczyk, Water!Wastewater rnrector, stated equipment failure is due to age and addressed questions of Director Brown. Roll Call: Brown, Smith, Coleman, Johnson, Smiley, Bums- Aye. 6 Ayes. No Nays. Motion passed. The next item on the agenda was the Approval an Agreement for Professional Services for Wastewater Reuse at the Water Plant with Garver Engineers, Inc. The Mayor pointed out the agreement is not to exceed $90K. A Motion to approve was made by Smiley and seconded by Bums. Roll Call: Smith, Coleman, Johnson, Smiley, Bums, Brown- Aye. 6 Ayes. No Nays. Motion passed. The next item on the agenda was to Approve Proposed Revisions to the 2015 Budget with regard to 3 slots for Reserve Life Guards. A Motion to approve was made by Smiley and seconded by Johnson. Discussion: Phillip Patterson, City Administrator, stated there won't be any significant cost. Johnson asked if they rotate. Troy Kirkendall, Parks and Recreation Manager, stated yes, rotation increases the employee pool. Roll Call: Coleman, Johnson, Smiley, Burns, Brown, Smith- Aye. 6 Ayes. No Nays. Motion passed. The next agenda item was Ordinance 15-14 I 1st Reading I Amending Municipal Code Section 105- 50( e)(3) Residential Driveway Widths in the H-1 Zoning Overlay District. A Motion to Place Ordinance 15-14, suspending the rules and reading title only was made by Smiley and seconded by Johnson. Discussion: Jay Williams, City Attorney, pointed out a Scrivener' s error that will be con-ected. Patterson explained the proposed changes and their benefits. After lengthy discussion, the Mayor called for a vote. Roll Call: Johnson, Smiley, Bums, Brown, Smith, Coleman - Aye. 6 Ayes. An Ordinance entitled: AN ORDINANCE AMENDING CERTAIN ZONING DISTRICT REGULATIONS OF THE CITY WITH RESPECTS TO DRIVEWAY WIDTHS WITHIN THE H-1 (HISTORIC) Board of Directors Meeting June 6, 2015 Page 3 OVERLAY DISTRICT; AMENDING SECTIONS 102-50, 102-77AND102-78 OF THE MUNICIPAL CODE Was read. A Motion was then made by Smiley and seconded by Coleman to suspend the rule, reading title only, and place Ordinance 15-14, on its first, second and third reading. After further discussion, the Mayor called for a vote. Roll Call: Smiley, Bums, Coleman - Aye. Brown, Smith, Johnson-Nay. 3 Ayes. 2 Nays. Motion failed . Ordinance 15-14 will come back to the next board meeting for its 2nd reading. The next agenda item was Ordinance 15-15 I l st Reading I Amend Section 102-21 of the City Municipal Code I Rezone 1-2 to R-4 I 2200 Block E. Sherwood St. and E. Little John I CAP REO, LLC I John Schmelze. A Motion to Place Ordinance 15-15, suspending the rules and reading title only, on its first reading was made by Smiley and seconded by Bums. Roll Call: Bums, Brown, Smith, Coleman, Johnson, Smiley- Aye. 6 Ayes. No Nays. Motion passed. An Ordinance entitled: AN ORDINANCE AMENDING SECTION 102-21 OF THE SILOAM SPRINGS MUNICIPAL CODE (CITY ZONING MAP); REZONING (FROM 1- 2 TO R-4) THE PROPERTY LOCATED AT 2220 BLOCK OF E. SHERWOOD ST. AND 2220 BLOCK OF E. LITTLE JOHN ST. Was read on its first reading. The next agenda item was Ordinance 15-16 I Approve Sole Source Purchase of Grader I Stribling John Deere of Arkansas I $140,000.00. A Motion to Place Ordinance 15-16, suspending the rule and reading title only, was made by Smiley and seconded by Bums. Discussion: Phillip Patterson, City Administrator, stated a 1975 grader needs replaced and a 2010 model had been found for $140K and that sole sourcing would allow a $28K - $45,000 savings to the City. Randy Atkinson, Public Services Manager, stated the purchase would come from street capital but will be used by construction. Questions by Directors Smiley and Smith were also answered by Atkinson. Roll Call: Brown, Smith, Coleman, Johnson, Smiley, Bums-Aye. 6 Ayes. No Nays. Motion passed. Board of Directors Meeting June 6, 2015 Page4 An Ordinance Entitled: AN ORDINANCE AUTHORIZING ACQUISITION BY THE STREET DEPARTMENT OF A 2010 JOHN DEERE MOTOR GRADER ON A SOLE-SOURCE BASIS Was then read. A Motion to Adopt Ordinance 15-16 was then made by Smiley and seconded by Bums. Roll Call: Smith, Coleman, Johnson, Smiley, Bums, Brown-Aye. 6 Ayes. No Nays. Motion passed. The next agenda item was Resolution 24-15 I Approve Traffic Signal for Hico Street and Che1i Whitlock Intersection. A Motion to Approve was made by Johnson and seconded by Smiley. Discussion: Art Farine, Electric Director, explained the need and process to proceed. He also pointed out hazards and explained the wanant study and amount of traffic. Faiine went on to address questions from several directors including the distance between the proposed light and the future overpass. Roll Call: Coleman, Johnson, Smiley, Burns, Brown, Smith- Aye. 6 Ayes. No Nays. Motion passed. The next agenda item was Resolution 25-15 I Amend Section 210 of the Mw1icipal Employee Handbook I Residency Policy. A Motion to Approve was made by Smiley and seconded by Brown. Discussion: Chiefs Wilmeth and Neely explained the benefits to the fire and police departments this change would accommodate. After questions from the Board were addressed, the Mayor called for a vote. Roll Call: Johnson, Smiley, Bums, Brown, Smith, Coleman- Aye. 6 Ayes. No Nays. Motion passed. The next agenda item was Resolution 26-15 I Approve Significant Development Permit for 2909 Cheri Whitlock Drive I First Assembly of God. God. A Motion to Approve was made by Smiley and seconded by Bums. Discussion: Ron Homeyer, Civil Engineering, 701 S. Mt. Olive was present for the applicant and addressed the changes from the previous application. Coleman had questions about the availability of future parking which were satisfactorily addressed. Roll Call: Smiley, Bums, Brown, Smith, Coleman, Johnson- Aye. 6 Ayes. No Nays. Motion passed. The next agenda item was Resolution 27-15 / Approve Main Street Siloam Springs Public Art Location Agreement. A Motion to Approve was made by Smiley and seconded by Johnson. Board of Directors Meeting June 6, 2015 Page 5 Discussion: Phillip Patterson, City Administrator, gave background of request. He expressed concerns and stated they had been addressed and satisfied. Smiley stated she attended rural unveiling. She appreciates Main Street bringing Beyond the Frame. Cammie Hevener from Main Street stated the unveiling and balloon release would be on June l 31h. She stated will announce then the July plans. Brown asked where it will be placed. Patterson stated on sidewalk. Bums stated he hopes it gets more press attention and a larger attendance. Roll Call: Bums, Brown, Smith, Coleman, Johnson, Smiley-Aye. 6 Ayes. No Nays. Motion passed. Administrator's Repmt: Phill ip Patterson, reminded everyone that the City Auction will be held this Friday, June 5th at 1108 E. Ashley, between the Animal Shelter and Transfer Station. He stated the outdoor warning system test will be Friday, June 5th at noon. Patterson stated AR One-call is used by hospital for scheduling transports. He explained proposed City Protocol and asked for suppo11 or direction. After lengthy discussion, a Motion to place the proposed City Protocol on the agenda was made by Coleman and seconded by Smiley. Roll call: Brown, Smith, Coleman, Johnson, Smiley, Bums - Aye. 6 Ayes. No Nays. Motion passed. After fmther discussion, a Motion to Allow Patterson to revise the wording on the proposal was made by Coleman and seconded by Smiley. Smith asked Bums about his concerns which Burns addressed. Patterson read the proposed wording aloud, and a vote was called by the Mayo r. Roll Call: Smith, Coleman, Johnson, Smiley, Brown - Aye. Bums-Nay. 5 Ayes. 1 Nays. Motion passed. Mayor thanked Tom and Donnie for the tour of Water and Wastewater Plants. He also thanked Bob Coleman for stepping in for him. He stated he attended a Memmial Day Observation and 2 senators had explained what the purpose of the observance was. He stated Wastewater Plant open house was last week. Mayor expressed his condolences to Gravette Mayor on his house fire. He welcomed new reporter to Herald Leader, Landon Reeves. Open Heming of Directors: Burns thanked the VFW and American Legion for the placement of flags at Oak Hill Cemetery. He also reminded everyone to tum in trash fonns by June 15th for the new once a week collection system. Johnson stated he went on a tour at the Water and Wastewater Plant. Smith thanked staff for addressing some sidewalk issues. Smiley stated she as well attended the Water and Wastewater tours and stated her approval of items added to the website. Coleman thanked staff and board for support while he filled in. Thanked Patterson for memo. He asked Karl Mounger to provide for a fish fry if he comes again after fishing. Board of Directors Meeting June 6, 2015 Page 6 Coleman then made a motion to adjourn; seconded by Smiley. The Mayor called for a voice vote. All Ayes. Motion passed. Meeting adjourned. APPROVED: ATTEST: John Mark Turner, Mayor Renea Ellis, City Clerk {seal}  silO'am - - sp _ 1il __:_Jg QS_ It's a 111!11md Memorandum TO: Mayor and Board of Directors FROM: Phillip Patterson, City Administrator DATE: June 10, 2015 RE: Agreement I Economic Development Coordinator I Siloam Springs Chamber of Commerce Background: On May 17, 2015, the City published a request for Statement of Qualifications for professional service activities related to an Economic Development Coordinator. In addition to publishing the request, staff also emailed copies to 29 different vendors located all across the country. Staff received responses from three (3) vendors: Marlene Dial of Springdale, AR; Thomas P. Miller and Associates of Indianapolis, IN; and the Siloam Springs Chamber of Commerce. Analysis: Based on the specific scope of services (copy attached) that were included as part of the request, it is staffs opinion that only one (1) vendor has the qualifications to provide the required service, the Siloam Springs Chamber of Commerce. On June 8, 2015, staff met with the Chamber and negotiated a price for the Chamber to provide the service for the remainder of 2015 and for 2016. The 2015 price is $25,000 and the 2016 price is $45,000. The remaining deal points of the agreement include: • Payments will be made quarterly; • The vendor will track, log and report hours and expenses directly related to the agreement and submit such report along with the quarterly invoice for payment; • The City Administrator will administer the agreement; • The 2016 portion of the agreement is subject to budget appropriation by the Board; and • The agreement may be cancelled by either party at any time with 30-day notice. Recommendation: Staff recommends approval of an agreement with the Siloam Springs Chamber of Commerce to provide the services as outlined in the attached Scope of Services for 2015 and 2016. Attachments: Scope of Services for Economic Development Coordinator - . - P.O. Box 80 •Siloam Springs, AR 72761 • www.siloamsprings.com - - - - -  SCOPE OF SERVICES ECONOMIC DEVELOPMENT COORDINATOR • Act as City liaison to the Arkansas Economic Development Commission (AEDC). This is to include: o Attending various meetings with the AEDC staff; o Responding to inquiries from AEDC staff; o Having a working knowledge of the various state economic development incentives that are available to new and expanding businesses through AEDC; o Maintaining information on the Arkansas Site Selection Center website and assuming responsibilities as the Property Manager, Community Editor, and Economic Developer for the purposes of managing the Site Section Center website. • Act as City liaison to the Northwest Arkansas Economic Development District, Inc. • Act as City liaison to the Northwest Arkansas Council. Assist NWAC with maintenance of available prope1ty information on their website. • Act as City liaison to any third pa1ty consultant whose services may be determined necessary by the City of Siloam Springs to develop and execute strategies that will assist existing and attract new, industrial, commercial and retail businesses. • Develop, maintain, and annually publish a 4 to 6 page Community Profile containing general demographic information regarding the following, but not limited to: o Population/households/median and average household incomes; o Employment statistics o Economic trends o Education levels of the population o Major employer list o Annual household expenditures o Major development information o Traffic count o Transportation information o Home ownership rates o Medical facilities o Schools o City services Such data is to be obtained from various sources, including the City of Siloam Springs. • Participate as a staff member of any economic development committee or commission established by the City Administrator (potential for weekly or bi-weekly meetings). • Maintain a list of all available industrial and commercial properties, and lands available for larger scale residential development within the City. Upload and maintain such data on a City created website specific to economic development. • Attend local and regional economic development conferences and trade shows to promote the City of Siloam Springs on the behalf of the City. • Work to strengthen relationships with local, state and regional economic development partners. • Investigate opportunities for capturing economic development-related data through public sources (Center for Business and Economic Research, University of Arkansas). • At the direction of the City Administrator perfonn analysis of various economic development and market data for trends. MEASURABLES/DELIVERABLES 1. Attend 2-4 meetings per year with AEDC (in central or northwest Arkansas). 2. Attend 2 or more meetings per year with Northwest Arkansas Economic Development District (in northwest Arkansas). 3. Create and print 500 Community Profiles on high quality glossy paper. 4. Update list of available sites and buildings on state and local websites on a monthly basis. 5. Have 95%+ Chamber attendance at City economic development team meetings. 6. Attend 2 or more retail and/or economic development trade shows per year. 7. Create marketing materials to promote economic development of Siloam Springs for up to 5 targeted industries.  siloam ---- s1JiiI __igs b'samtuml. MEMORANDUM To: Phillip R. Patterson, City Administrator From: Renea Ellis Date: June 10, 2015 Re: 2015 Affidavit for Destruction Background: A Destruction Order is prepared each year for destruction of records. The changes made from year to year are the years noted for destruction. Analysis: This year '"Maintenance" has been added. It has not appeared on previous lists and the addition is to allow the destruction of maintenance records of vehicles no longer owned by the City. Recommendation: It is staffs recommendation to approve the 2015 Affidavit for Destruction attached hereto.  AFFIDAVIT 2015 Pursuant to Arkansas Statutes 14-59-114, I, Renea Ellis, City Clerk of Siloam Springs, Benton County, Arkansas, do hereby state under oath that the records listed below should be destroyed. The method of destruction of physical records shall be by shredding. Electronic records shall be deleted by the IT Department under the supervision of the City Clerk. Electric Pem1its Prior to 2008 Plumbing Pem1its P1ior to 2008 Gas Permits Prior to 2008 Building Permits Prior to 2008 Bank Statements and Cancelled Checks P1ior to 2012 Sales Tax Rep011s Prior to 2009 Payroll Registers Prior to 2008 Receipt Books Prior to 2011 Bank Draft Edits Prior to 2008 Payment Stubs for Adjustments Prior to 2014 Meter Reading Edits Prior to 2008 Large Power Billings-Electronic P1ior to 2012 Service Orders Prior to 2013 Large Power Edits - Electronic Prior to 2008 Daily Cash Reports Prior to 2012 Bi11ing Edits- Electronic Prior to 2008 Monthly Adj Reports Prior to 2012 Disconnects for Non-pay Prior to 2014 Timesheets Prior to 2011 Aged Accounts Prior to 2014 Pagelof5 Telephone Logs Prior to 2014 Delinquent/ Late Notices-Electronic Prior to 2014 Insurance Files Prior to 2014 Workers· Comp Prior to 2013 Tax Exempt Forms Priorto 2013 Statement of Qualifications Prior to 2012 Utility Applications Prior to 2012 Accounts Payable Invoices Prior to 2012 Cash Receipts Posted Prior to 2014 Employment Applications Prior to 2014 I-9 Fonns Beyond Retention Requirements Personnel Records: Seven (7) years after termination/maintain retirees & disabled Purchase Order Books Prior to 2012 Accounts Receivable Ledgers Prior to 2008 Occupation License Applications/Receipts Prior to 2008 Ambulance Billing/Records Prior to 2012 Payroll Recap Prior to 2012 Summary Benefit Hours Prior to 2012 General Ledgers Prior to 2008 Correspondence Prior to 2008 Fire Reports - Fire Dept. Prior to 2004 Bids (unawarded) Prior to 2008 Statement of Financial Interest Prior to 2010 Planning Commission Meetings Disk P1ior to 2013 Page 2of5 Board of Directors' Meetings Disk & Video Prior to 2013 Duplicate set of Board of Directors' Agenda Packets Prior to 2014 Water Dept.: Distribution Samples Prior to 2004 Sampling & Analysis Records Prior to 2004 For Example: HHA5' s, THM' s, PCB's Consumer Confidence Prior to 20 l 0 Con-espondence to/from Health Dept. Prior to 2010 Circular Flow Charts 2004- 2011 Wastewater Dept.: Flow Related Records Prior to 2010 Sampling & Analysis Prior to 2010 For example DMR 's, Analytical records, SSO' s, Sludge --wee Test Effient Influent Industiial Pretreatment Records Prior to 2010 Con-espondence to/from ADEQ Prior to 20 l 0 District Court Records : Bank Reconciliations Prior to 2012 Check Book Registers Prior to 20 12 Cancelled Checks Prior to 2012 Bank Statements Prior to 2012 Receipts Prior to 2012 Deposit Collection Records Prior to 2012 Budget Packets or Books Prior to 2012 Accounts Payable Prior to 2012 Payroll Time Sheets Prior to 2012 Infmmation Concerning Vacation/Sick Leave Prior to 2012 Month-End Payroll Prior to 2012 Unifonn Traffic Ticket Books from Each Police Department & Sheriffs Office Prior to 2012 Records & Reports of Court Costs Prior to 2008 Fines & Fees Assessed and Collected Prior to 2008 Complete Case Files & Written Exhibits Prior to 2008 Month-end Settlements Prior to 2008 Monthly Distribution Reports Prior to 2008 Page 3of5  Show Cause Orders Prior to 2008 Case lnfonnation, Including Anest Reports And Affidavits Prior to 2008 Alternative Service or Community Service Excluding the following District Court Records, which shall be maintained: Case Indices Case Dockets Wan-ants Waivers Expungement and Sealed Records Circuit Court Judgments Files concerning Convictions under the Omnibus DWI Act. Section 5-65-101 et. seq. Files Concerning Cases Resulting in Suspended Imposition of Sentence Domestic Battering Files Police Dept.: Closed Citations Prior to 2007 Daily Transaction Reports Prior to 2007 Offense/Incident Reports for non-violent crimes Prior to 2008 Closed Citations for non-violent crimes Prior to 2008 Warning Tickets Prior to 2008 Daily Transaction Reports Prior to 2008 Cash Register Receipts Prior to 2008 Bank Deposit Records Prior to 2012 Bank Statements Prior to 2012 DHS & Scan Rep01is Prior to 1999 Prisoner Photos Prior to 2002 Miscellaneous Dispatch Logs Prior to 2007 Monthly Bond Receipts Prior to 2008 Payments to Outside Departments Prior to 2008 Hot Checks Prior to 2008 Cassette Tapes & Diskettes Prior to 2009 Miscellaneous Orders of Supplies Prior to 2009 Dispatch Radio Logs Prior to 201 0 Accident Reports Prior to 2011 VIN Verifications Prior to 2012 Exclude the following records which shall be maintained: Felony offenses Crimes of violence or threats of violence Violations of protection orders Child endangerment Drug possession or distribution Case files with active warrants Page 4of5  Airport: Fuel Farm Bids Prior to 2010 Fuel Purchase Quotes Prior to 2008 Fuel Sales Tickets Prior to 2013 Fuel Truck Bids Prior to 20 l 0 Maintenance: Maintenance records for vehicles no longer owned by the city Renea Ellis, City Clerk John Mark Turner, Mayor Page 5 of5 Memorandum To: Phillip Patterson, City Administrator From: Becky Gibbons, HR Manager Date: 6/12/2015 Re: Contract Extension / Arkansas Blue Cross Blue Shield Background: In September 2014, the City contracted with Arkansas Blue Cross Blue Shield (ABCBS) to provide employee health insurance through September, 2015. Open enrollment was in August, 2014. Typically, open enrollment, and the ability to make changes in one’s insurance coverage, occurs prior to the beginning of the year. However, in December 2014, employees were not allowed to make changes to their benefits and this created a number of issues and concerns for the employees. Analysis: The current contract will expire on 8/31/2015. ABCBS has offered a rate hold through 12/31/2015. This will allow the City to be in line with most employers and will our employees to make better decisions regarding their benefits by allowing the City to hold open enrollment in 11/2015 for changes that go into effect 1/1/2016. Recommendation: Staff recommends the extension through 12/31/2015 with ABCBS. There is no additional cost to the City.  ORDINANCE NO. 15-14 AN ORDINANCE AMENDING CERTAIN ZONING DISTRICT REGULATIONS OF THE CITY WITH RESPECTS TO DRIVEWAY WIDTHS WITHIN THE H-1 (HISTORIC) OVERLAY DISTRICT; AMENDING SECTIONS 102-50, 102-77 AND 102-78 OF THE MUNICIPAL CODE. Whereas, the following amendments to the zoning code are hereby found to be in the best interests of public safety, and of the City's aesthetic appearance, and of the orderly growth and economic well-being of the City; and Whereas, amending the maximum driveways width is deemed to be in the best interest of sound planning within the historical district; Now Therefore: Be It Enacted, by the Board of Directors of the City of Siloam Springs, as follows: SECTION I. Chapter 102 of the City Code is hereby amended as follows (added terms are underlined; deleted terms are struck through): Sec. 102-50. - H-1 Overlay District (Historic). (a) Pwpose. The district is established to enhance and protect the utility, beauty, enjoyment, and value of historic residential pmiions of the neighborhoods sun-ounding the downtown of the city, and to operate as an overlay zone to all existing (base) zones for the purpose of allowing al1 stated provisions herein to be applied in place of any less restrictive base zoning provisions or other affected provisions stated in the Municipal Code. (b) Land uses. If the present land use is deemed illegal nonconforn1ing, through the action of a lot split, the said use may be maintained on the newly created lot as long as both lots are retained under the same ownership, if the administrator deems the nonconforming use to be in concord with the existing land uses of the neighborhood. Upon the sale of either lot separate from the other, the nonconforming use shall be made conforn1ing within six months. (c) Lot dimensions: (1) Minimum lot swface area: a. 4,000 square feet for lots containing Use Unit 3 and 2,200 square feet per dwelling unit for lots containing Use Units 4 and 5. (2) Minimum lot width: a. All platted lots must be consistent in size and configuration with the surrounding neighborhood, as reasonably detern1ined by the administrator.  b. 40 feet for lots containing Use Unit 3 and 50 feet for lots containing Use Unit 4. (3) Maximum lot coverage: a. Use Unit 3: 50 percent. b. Use Units 4 and 5: 60 percent. (d) Residential building limits: ( 1) Setback required: a. All setbacks must be within five feet of the setback of adjacent strnctures on all sides, as detem1ined by the administrator. b. Front: 20 feet. c. Sides (except side on comer): Eight feet, unless and except where the rear yard is served by an alley, or an alternative means of access having a width of at least eight feet is available on the subject prope11y, in which case the setback may be five feet. d. Side on corner: 12 feet. e. Rear: 15 feet. (2) Height limit: a. No building shall exceed 35 feet in height, unless each exceeding portion of the building is set back by the above-listed distances, plus an additional one foot for each one foot that its height exceeds 35 feet. b. In no event shall any building exceed 45 feet in height. (3) Floor/area ratio: a. Use Unit 3: One-half (maximum). b. Use Unit 4: Three-quarters (maximum). c. Use Unit 5: One (maximum). (4) Densi~v. Development shall not exceed a density of 20 dwelling units per acre. (e) Residential driveways. ( 1) Setback: a. Two feet from all boundaries of the lot, except the boundary abutting the intersected subcollector street; and b . 25 feet from the nearest boundary of any other street that intersects the same subcollector street. (2) Swface: Shall be paved with asphalt, concrete or paver stones meeting load standards as reasonably determined by the administrator as sufficient to caITy fire apparatus, unless the drive accesses an unpaved alleyway. On open center vehicular wheel tread driveways, the surface per paved tread shall be no less than three feet in width. (3) Width: 2  a. The width shall not exceed ten feet for all driveways~ that access onto the public right-of-way (local street class or higher), for lots that abut an alleyway suitable for vehicular travel; b. If no alleyyvay suitable for vehicular travel abuts the lot, the driveway width accessing the public right-of-way (local street or higher) shall not exceed twenty (20) feet. .£. For open center vehicular tread driveways, width is measured on the outer edge of each wheel tread. (f) Residential bulk. No new residential building or structure shall be constructed or reconstructed in the H-1 zoning district, unless the design and fabrication of those portions of the building or structure which are visible from any public thoroughfare are visually compatible with the bulk and height of the neighborhood (adjacent within one block) buildings or structures. Sec. 102-77. - Driveway design standards. Access to all parking spaces shall be provided by a driveway (or parking area traffic lane) meeting the following standards: ( 1) Sur.face. The surface shall be paved with asphalt, concrete, or paver stones, meeting load standards as determined by the Administrator, unless the lot size exceeds one acre and the parking spaces are for Use Units 3, 4, or 6 only. (2) Width: a. Residential: 1. The width shall not exceed 30 feet in the A-1, R-E, R-1, R-2, R-3, R- 4, M-H, R-0 and P-D zoning districts, and shall not exceed ten feet in the H 1 overlay zoning district. See Code Section 102-50(e)(3) for H-1 zoning district driveway width standards. Sec. 102-78. - Driveway intersection with street. (a) Spacing. The centerline of each driveway in every zoning district, at its intersection with any street or right-of-way, shall be located a minimum of: (1) Arterial (and larger) streets: a. 150 feet from the centerline of any other driveway which intersects the same arterial (or larger) street from the same side; b. 150 feet from the nearest boundary of any other street which intersects the same atierial (or larger) street; and c. I 00 feet from all boundaries of the lot, except the boundary abutting the intersected arterial (or larger) street. (2) Collector streets: 3  a. 100 feet from the centerline of any other driveway which intersects the same collector street from the same side; b. 100 feet from the nearest boundary of any other street which intersects the same collector street; and c. 50 feet from all boundaries of the lot, except the boundary abutting the intersected collector street. (3) All suh-collector streets: a. Multiple-dwelling, commercial, industrial uses. On all lots partly or entirely occupied by uses other than Use Units 3, 4, and 8, with access to a sub-collector street, the same spacing as provided for collector streets (above). b. Singlefctmizv, two-famizv, and small (~{/ice uses: 1. Five feet from all boundaries of the lot, except the boundary abutting the intersected sub-collector street; and 2. 25 feet from the nearest boundary of any other street which intersects the same sub-collector street. (b) Number: ( 1) Minimum number of' driveways. The spacing requirements of subparagraph (a) (above) notwithstanding, each properly-platted and pern1itted lot may contain one driveway accessing a public street. Driveway intersections which cannot meet the spacing standards in subparagraph (a) (above), shall be located where most nearly consistent with the spacing requirements, and may be located to allow shared access. (2) Maximurn number of driveways. The spacing requirements of subparagraph (a) (above) notwithstanding, each properly-platted and permitted lot shall contain: a. Arterial streets. No more than one driveway per each 300 feet (or portion) of a lot on any arterial (or larger) street; provided, however, that each driveway may be split into two one-way driveways each having a width not exceeding 20 feet. b. Collectors. No more than one driveway per each 200 feet (or portion) of a lot on any collector street; provided, however, that the driveway may be split into two one-way driveways having a combined width not exceeding the width design standard for a single driveway in that zoning district. (c) Location: ( 1) Proximity to easements. No driveway shall be constructed or maintained across public utility or drainage easements, except upon approval by the Administrator, or except when crossing at right angles an easement abutting and parallel to the primary access street, or except as specifically shown on a development pennit. (2) Alignment with facing driveways. Each driveway's intersection with any street shall align directly across the street from driveways of facing properties, unless the alignment is impossible or is inconsistent with 4  other requirements of this chapter, or unless the driveway is in the A-1, R-E, R-1, R-2, or R-3 zoning districts. (d) Angie. Each driveway's centerline shall be at a right angle to the street centerline, at any point where the driveway intersects the street right-of-way; provided, however, that the angle may deviate up to 15 degrees where public safety and convenience are not reduced. (e) Grade. No driveway shall exceed a fi ve percent slope within 50 feet of its intersection with any street, except upon a showing of hardship and where public safety and convenience are not reduced. Driveway Design Width: Distance from: Number: Stnnclnrcl" Zone Districts Maximum Minimum Property Street Next Maximum Tint> TntPr<:Pr.tinn f1rivt>wnv A- I, All "R" Districts, 30 ft M-H P-n A-1, R-E, R-1, R-2, R-3 12 ft R-4, M-H, R-0, P-D 18 ft H-1 (residential only) H20 ft* 7 ft** 2 ft 25 ft H-1 (non-residential), C- 36 ft 20 ft T C-lA, C-1, C-2 36 ft 25 ft J-1 , 1-2 50 ft 25 ft Street Type Arterial 100 ft 150 ft 150 ft l per 300 ft Collector 50 ft 100 ft 100 ft I per 200 ft Sub-collector (Multifamily, 50 ft 100 ft 100 ft n/a Commercial, and Industrial) (Single-Family, two- 5 ft 25 ft n/a n/a family, small office) 5  * Unless neighboring driveways are ofa greatenvidth See Section 102-50(e)(3) for additional standards. ** See Section 102-50 (d)(b ). See Section 102-50(d)(b) or 102-77 ( 1) for surface standards. SECTION II. Repealer and severability. Prior Ordinances in conflict with the provisions enacted herein are repealed to the extent of the conflict. If any provision of a section of this Ordinance or the application thereof to any person or circumstances is held invalid by a court of competent jurisdiction, the invalidity does not affect the provisions or applications of the section or related sections which can be given effect without the invalid provision or application, and to this end the provisions are severable. ORDAINED AND ENACTED this ~~- day of -~~~~~~~~~~~ , 2015. (SEAL) ATTEST: APPROVED: Renea Ellis, City Clerk John Mark Turner, Mayor 6  .~~·-· -.- -. - ,- -_ ~-- . . - - . -~ siloam --·- sp1-n ___Jggs Tl ~ a 1111/im1! Memorandum To: Phillip Patterson, City Administrator From: Ben Rhoads, AICP, Senior Planner ~/2 Cc: Steve Gorszczyk, Water/Waste water Director Date: May 20, 2015 Subject: Ordinance 15- 14 / 1st Reading/ Amending Municipal Code Section 102- SO(e)(3} Residential Driveway Widths in the H-1 Zoning Overlay District Background Staff was asked to look into adjusting the existing maximum driveway width requirements housed within the H-1 (Historic) overlay zone district. The direction given was to seek alternatives to provide relief for driveways servicing a two-car garage. Analysis When the H-1 overlay zone district was established in 2008, various Code amendments were made in order to achieve two goals within the older, historical neighborhoods immediately surrounding the downtown core. These were 1) to better foster in-fill development, so sub- standard lots could be buildable without the need for a variance, and 2) to develop height and bulk requirements to better control the visual compatibility of new development within the historic areas. Along with the general changes made to the Code, driveway widths were reviewed . The primary purpose of regulating driveway widths came back to attempting to preserve the historical contexts of the built environment, namely to reduce drive widths to what would have been common place at the early to mid-201h century, when these older neighborhoods were initially developed. The concept looked to encourage open center driveways that would typically serve for a single-car garage. However, it has come apparent through the redevelopment of these areas, that modern building standards lead to a two-car garage as typical for new single-family residential construction. With this building standard in place, the practicality of mandating a 10 ft . maximum drive width (the current standard) has been put into question. 1 The reality of what occurs when implementing the current driveway width standards is that the home builder will meet the drive width at the front building setback line, but then immediately flair the drive outwards to increase its width to allow for the paved surface and step-out area for a two-car garage, see image below as an example . ·- ---... . To address this issue, staff suggests that the maximum driveway width be increased from 10 ft. to 20 ft., however the maximum width would remain at 10 ft. in cases where there is a serviceable alleyway abutting some portion of the lot. This is kept as a means to encourage the home builder to use the alleyway, if usable for vehicles. Driveways that access alleyways are not regulated in the same way as driveways that access onto the main street, so the 10 ft. maximum width would not impact drives access directly onto an alley, but would apply to drives accessing the main street. In summary, staff believes the proposed change will preserve the historic character of the H-1 District while still allowing for increased flexibility for the home builder when an alley is not ava ilable. Recommendation Staff recommends the changes as presented in the attached ordinance. Attachments Ordinance updating H-1 Code. 2  ORDINANCE NO. 15-15 AN ORDINANCE AMENDING SECTION 102-21 OF THE SILOAM SPRINGS MUNICIPAL CODE (CITY ZONING MAP); REZONING (FROM 1-2 TO R-4) THE PROPERTY LOCATED AT 2220 BLOCK OF E. SHERWOOD ST. AND 2220 BLOCK OF E. LITTLE JOHN ST. Whereas, the landowner, CAP REO 1, LLC, has requested that the below-described land be changed from the present zoning districts of I-2 (Light Industrial), to R-4 (Residential, multi- family); and Whereas, a public heming on the proposed changes was held on the 12111 day of May 20 15, before the City of Siloam Springs Planning Commission, after proper notice required by law; and Whereas, no objections were registered at said hearing, and a motion approving the rezone was approved by the Planning Commission; and Whereas, the proposal is consistent with the City' s comprehensive land use plan; and Whereas, upon review and deliberation it appears that the zoning change is in the best interest of the City of Siloam Sp1ings; Now Therefore: Be It Enacted by the Siloam Springs Board of Directors, as follows: The zoning map of the City (Municipal Code Section 102-21) is hereby amended to include within the R-4 zoning district the property located at the 2220 Block of E. Sherwood Street and 2220 Block of E. Little John Street, and desc1ibed as: Lots I, 2, and 3 of Nottingham Addition to the City of Siloam Springs, Benton County, Arkansas, as per Final Plat filed on or about the 13 111 day of February 2007 with the Benton County Circuit Clerk, in Plat Book 2007 at Page 156, containing 5.05 acres more or less." Ordained and Enacted this ~~~ day of ~~~~~~- 2015. APPROVED: ATTEST: John Mark Turner, Mayor Renea Ellis, City Clerk (SEAL)  siloain. - - sL--~· )Iii gs !i's a 1]Jlfu111!. Memorandum To: Phillip Patterson, City Administrator From: Ben Rhoads, AICP, Senior Planner ~/2 cc: Don Clark, Community Services Director Steve Gorszczyk, Water/Wastewater Manager Date: May 13, 2015 Subject: RZlS-10 Rezoning Development Permit SUBJECT PROPERTY ADDRESS 2220 BLOCK OF E. SHERWOOD ST. AND E. UTILE JOHN ST. INTERNET MAP INFORMATION Planning staff has created a map on Google Maps ©2015. http://goo.gl/mzK6mq PROJECT INTENT The applicant desires to rezone Lots 1-3 of the Nottingham Subdivision, the total consisting of 5.05 acres, from 1-2 District (Light industrial) to R-4 District (Residential, multi-family). EXISTING LAND USES AND ZONING EXISTING LAND USE EXISTING ZONING Vacant 1-2 District (Light industrial) SURROUNDING LAND USE SURROUNDING ZONING North : Residential, single-family North: Benton County - No zoning South: Industrial - Webb Wheel South: 1-1 District (Industrial) East: Residential, two-family I Vacant East: R-3 District (Residential, two-family) West: Residential, single-family I Agricultural West: Benton County - No zoning ZONING USE UNIT CONSISTENCY Multi-family residential use falls within Use Unit 5. Use Unit 5 is permitted in the proposed R-4 District. 1 5/20/15 P.N. 03-05873-000, 03-05874-000 and 03 -05875-000. LOT STANDARDS CONSISTENCY The minimum R-4 zones standards are compared with the subject property's tracts below. MINIMUM (R-4) ZONING REQUI REMENTS SUBJECT PROPERTY PRO POSAL (Approximate) Lot Area: 6,000 sq. ft. Nottingham Add. Lot 1: 1.26 acres Nottingham Add. Lot 2: 2.52 acres Nottingham Add . Lot 3: 1.27 acres Lot Width: 60 ft. Nottingham Add . Lot 1: 180 ft. Nottingham Add . Lot 2: 360 ft. Nottingham Add . Lot 3: 180 ft. Maximum Lot Coverage: SO% Nottingham Add. Lot 1: N/A Nottingham Add. Lot 2: N/A Nottingham Add. Lot 3: N/A Maximum Floor to Area Ratio : 0.50 (50%) Nottingham Add. Lot 1: N/A Nottingham Add. Lot 2: N/A Nottingham Add. Lot 3: N/A STAFF DISCUSSION The applicant requests rezon ing Lots 1-3 of the Nottingham Addition from 1-2 to R-4. The purpose of the rezone is to allow for greater residential density for the vacant lots in front of the addition. The location of this area is directly north of Webb Wheel on N. Country Club Rd. The area is primarily described as a developing industrial area, w ith a transition to single-family residential uses to the north . The subject property lots are less than three acres, which is generally considered ill-suited for larger industrial users, and would be appropriate for small sca le operations or warehousing. Given thi s limitation, the applicant is presently requesting that these lots be rezoned to high density residential in order to better facilitate future development. The applicant has no plans at this time to develop the property, but is speculating that the rezoning will increase the property value. There is a market need for multi-fam ily developme nt in the commun ity. The future land use map indicates this area as industrial, however, when the Nottingham Addition was proposed, staff advocated that these lots be kept as residential. Nonetheless, the original developer of the Nottingham Addition request ed that the su bject property be industria l, and so the 1-2 zoning w as applied. This is due to the size of the lots and their positioning in front of established two-family housing. Residents would prefer to be in an area of like uses, with less of an im pact on their general quality of life. In summary, staff is supportive of the prese nt request due to the unique circumstances of the location and surrounding uses around the subject property. LEGAL NOTICE Staff received no information that: • the proposal interferes with the reasonable peace or enjoyment of the neighboring properties; • th e property values may be substantially damaged; • the proposal may impact the present or future uses of neighboring properties; • the proposal is not adequately supported by infrastructure. • Site posted : April 2, 2015. • Newspaper legal notification : April 25, 2015 (Herald-Leader) . • Letter legal notification: April 21-24, 2015. • Staff received no phone calls or correspondence on the request . 2 5/20/15 P.N. 03·05873-000, 03-05874 -000 and 03-05875-000. COMPREHENSIVE PLAN CONSISTENCY The 2030 Land Use Map describes this area as industr ial. Given the unique circumstances of the lots in question, staff believes the rezoning request is consistent w ith the overall intent of the plan . It should be noted that the future land use map is intended as a general guide to land use decisions, but is one of many tools one would use to make an informed decision regarding land use. PLANNING COMMISSION The Plann ing Commission reviewed the Rezone Development Permit application at the May 12, 2015 regular meeting. The Planning Commission recommended the rezone for approval by a 7-0 vote, with no abstentions. STAFF RECOMMENDATION Staff recommends approval of RZlS-10 (Rezone Development Permit). ATIACHMENTS 1. Site Specific Proposal. 2. General Area Map. 3 5/20/15 P.N. 03-05873-000, 03-05874-000 and 03-05875-000.  J.. I ::0 N ~ (J1 I ~ 0 ::0 ('!) 8 N ~. :m -~ 0 ~ ~~ :; ~~L ::J :I •i ::J it LOCATION MAP .... , .~ co lJ ,., >z ~ 0 ""O 0 CJ) 0 so 100 ISO 200 Q) sc.-...r· 1·· • 100- I N •...,,,.~. . ·~•tOon.(llt ·-~ ••a....•11...a~rv I •Mt,.... •., ~ ·- ....... . .. _ ,...,,,.. rMl ...... lE!)l.01 AQlllCQ ~ -o..oio .tt11.1t010tia..,.c; ioo? 15c.. ..'-C,;( \• .,. ~J'H• ~ !)' !r.:.ir. 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Tt-\E,i-.:t SOJ~Ob4&~ w 1089.Ja. · ··t. ·~cl. ...4&•461S~ .., 082. 15'·. lof(NC( ....u • 1J·o~·r 11!> 9• I:) t1 it PO·'-' ' or O!C...~;t, t; J.J~ c ONr • ~·t"'..; ' .)..9.S .t.e.;;t s -'NcPnt1 v 1-:. :.uo.rtcr ·o 1. -L ~·' O' wJ." DI :.1:Jt.C._,., \- .J8 "'0A.: r:·~ '*'!t :,.i rs1 SOf \_ ~~ ,. · --+---;..;,,,._..~ I I •) GENERAL AREA MAP Rezoning - RZ15-1 O w N RU IAL URAL RURA r--=--..--- RUR AL -3 R- -3I R- Subject Property -3 ' -3 R- RURAL Rwooo2 z 0 -3gR- 12 0 :n c z -! -~ R- -3 R- 1 BILL YOUN Cl a: o 0.025 0.05 0.1 Miles I I I I I  ORDINANCE NO. 15-17 AN ORDINANCE AUTHORIZING AN AGREEMENT WITH THE MIKE MOSS AGENCY FOR THE PROVISION OF PROPERTY INSURANCE FOR THE CITY, WAIVING THE REQUIREMENT OF COMPETITIVE BIDDING AND DECLARING AN EMERGENCY WHEREAS, it is in the public interest that the City of Siloam Springs maintain uninterrupted property insurance coverage; and WHEREAS, the City must move quickly to obtain necessary insurance to cover its ongoing iisk and minimize the potential for significant financial loss, and WHEREAS, Ark. Code Ann. § 14-58-304 provides that the purchase of all types of insurance by cities of the first class be governed by the provisions of Ark. Code Ann. § 14-58- 303 regarding competitive bidding, and Ark. Code Ann. §14-58-303(b) (2) (B) provides that the Board of Directors may, by ordinance, waive the requirements of competitive bidding in exceptional situations where the bidding procedure is deemed not feasible or practical; and WHEREAS, the Mike Moss Agency has sought competitive quotes from various insurance providers on the City's behalf, and has secured offers of coverage having sufficient scope and in such amounts as desired by staff; and WHEREAS, the need to make a provision for property insurance is immediately necessary to protect the health, safety and welfare of the citizens of the City. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF SILOAM SPRINGS, ARKANSAS: SECTION 1. Authorization. The City Administrator or his designee is hereby authorized to negotiate with the Mike Moss Agency to contract for the provision of City property insurance coverage. The Mayor is authorized to sign any necessary contracts for said insurance ifthe contract amount exceeds the Administrator' s lawful spending authority. SECTION 2. Waiver. The requirement of formal competitive bidding regarding these contracts is hereby deemed not feasible or practical, and is therefore waived. SECTION 3. Repealer and severability. Prior Ordinances in conflict with the provisions enacted herein are repealed to the extent of the conflict. If any provision of a section of this Ordinance or the application thereof to any person or circumstances is held invalid by a court of competent jurisdiction, the invalidity does not affect the provisions or applications of the section or related sections which can be given effect without the invalid provision or application, and to this end the provisions are severable.  ORDINANCE N0.15-17, PAGE 2 SECTION 4. Emergency Clause. The need to enter into this contract and provide this insurance for the City is immediate and necessary for the health, safety, and welfare of the citizens of the City. Therefore, an emergency is hereby declared to exist and this ordinance shall be deemed in full force and effect from and after its passage by the Board of Directors and approval by the Mayor. Ordained and Enacted this _ _day of_ _ _ ___, 2015. Approved: John Mark Turner, Mayor (seal) ATTEST: Renea Ellis, City Clerk  Siloam - - Sf?:ril __Jg gs It's a 1111ttn11l. MEMORANDUM To: Board of Directors; Mayor Turner From : Christina Petriches, Finance Director; Phillip Patterson, City Administrator Date: June 8, 2015 Subject: Ordinance No. 15-17/ Waive Competitive Bidding for Property Insurance /Mike Moss Agency/ $78,220.22/ Declaring an Emergency. Background : The State provides property insurance to all governmental entities but will not cover any valuable papers including monies. In order to have coverage in case our valuable papers are destroyed (including petty cash), the City has used a brokerage firm to acquire property insurance. This coverage offsets the costs of reproducing the papers that are destroyed and/or monies lost for reasons other than theft. Mike Moss Agency has been the City's insurance broker for many years. In 2014, our cost for property insurance through Mike Moss Agency was $78,876 and approximately $3,500 more than what the State insurance would have cost. Analysis: With the changes in the City Clerk's office and moving the insurance to another department, the timing of the insurance renewal was overlooked . Insurance renews each year July 15', but the process of bidding the insurance begins for our broker in March. Waiving competitive bidding allows us to accept what our current broker bid out to the insurance providers on our behalf and declaring an emergency will ensure that City property maintains uninterrupted insurance coverage . The proposed cost for our property insurance for 2015 through Mike Moss Agency is $78,220.22 . Recommendation: Staff recommends waiving competitive bidding, declaring an emergency, and authorizing the Mayor to enter into an agreement with Mike Moss Agency for property insurance. For the reasons set forth above, I certify that brokering property insurance through Mike Moss Agency constitutes an exceptional situation whereby the requirements of competitive bidding are not feasible, pursuant to Sec. 14- 48-129 of the Arkansas Statutes and Sec. 2-223 of the Siloam Springs City Code. I therefore request that you approve an ordinance authorizing waiver of competitive bidding requirements, selecting Mike Moss Agency to broker our property insurance on a sole-source basis. Fl{J~b Phillip Patterson, City Administrator - - - - P.O. Rox 80 •Siloam Springs, AR 72761 • www.siJoamsprings.com ~- . - - -  RESOLUTION NO. 28 - 15 A RESOLUTION COMMITTING TO INSTALLATION OF CITY-PROVIDED UTILITIES AT CITY EXPENSE, AT THE TIME OF THE WESTERN EXTENSION OF BRASHEARS RD. FROM HICO STREET TO THE WESTERN PROPERTY LINE OF TAX PARCEL IDENTIFICATION NUMBER 03-03534-000. Whereas, a future arterial street connecting Brashears Road. to Lawlis Road is indicated on the Master Street plan map; and Whereas, the right-of-way for a portion of the future arterial street connection is contained on land that was approved for a lot split by the Siloam Springs Planning Commission on June 9, 2015; and Whereas, in exchange for dedication of such right-of-way as shown on the lot split survey, the City has agreed to install such City-provided utilities as may be necessary to service the adjacent property, along the frontage of the future street at the time of its construction, at City expense; Now Therefore: Be It Resolved, by the Board of Directors of the City of Siloam Springs: 1.) The City of Siloam Springs shall install, in good order, water, sewer and electric infrastructure as may be necessary to service the adjacent property, within the right- of-way of the arterial connector street extending westward from North Hico St. to the west boundary of the parcel identified as Tax Parcel ID Number 89-03-03534- 000. 2.) The above stated commitment is contingent upon the actual construction of a street within the right-of-way dedicated on the referenced lot split survey. The timing of any such construction will be detennined by the future growth, expansion and needs of the City. The City of Siloam Sp1ings does not commit to such construction at any particular time, if ever. Done and Resolved this ~~~- day of -~~~~~~~~~- , 2015. Approved: (SEAL) Attest: John Mark Turner, Mayor Renea Ellis, City Clerk  siloam. _ _ sp,~fl. TA a nahr.ml Memorandum To: Phillip Patterson, City Administrator From : Ben Rhoads, AICP, Senior Planner @:<,,/12 Cc: Steve Gorszczyk, Water/Waste water Director Date: May 20, 2015 Subject: Resolution 28-15 /Commit City to Installing City Utilities/ Brashears Rd W. Extension Background On June 3, 2015 City staff entered into negotiations with Dr. Bob Roberts regarding making a dedication of a future arterial street right-of-way on his land, as indicated on the Master Street Plan map. The dedication is coming about due to a lot split that was approved at the Planning Commission on June gth. Analysis In order to ensure the willing dedication of the needed right-of-way, Dr. Roberts requested that the City commit to installing all City supplied utilities at the time of the future street construction. The utilities include water, sewer and electric and will service the land. The City has no plans at this time to build the street, this will likely occur when the area develops further. It should be noted that utilities are typically provided at the time of new street construction, following normal practices. City Engineering does not see any issues with this resolution. Recommendation Staff recommends adoption of the ord inance. Attachments 1.) Map Showing right-of-way location 2.) Master Street Plan Map. 1 Dr. Roberts Dedication  . .. ~ ,..• .... ~~ . Major Local (ROW Width 52-70' ) Future Major Local Collectors (ROW Width 67-80') Future Collectors Minor Arterial (ROW Width 78-100') Future Arterial Principal Arterial (ROW Width 69-100') Future Principal Arterial State Hlghway US Numbered Roads 1tffttttt RailRoads v- Hydrography N + C::J National B,ydrocraphy Dataset Waterbody National Hydrography Dataset Flowllne Municipal c=i City Limits of Siloam Springs MASTER STREET PLAN Memorandum To: Phillip Patterson, City Administrator From: Jay Williams, City Attorney Date: May 26, 2015 Re: Ward 1 vacancy election procedures and dates Phillip: I’ve set forth the relevant State requirements below, as well as tentative election dates, pending confirmation by the County Election Board. As the law now stands, in the event of a vacancy in the office of City Director, the board may appoint a person to fill the vacancy if it occurs less than six months prior to the next general municipal election, at which the remainder of the unexpired term shall be filled. As those circumstances are inapplicable in this case, a special election to fill the vacancy is required. Such elections are called by resolution of the Board of Directors (A.C.A. § 14-48-109(a)(1)(B)(i) and proclamation of the Mayor. (A.C.A. § 14-48-115.) Per state statute, A.C.A. § 7-11-102, the proclamation calling the special election must set forth, at minimum: 1) The date of the election. 2) The date of the special primary election. 3) The candidate filing deadline. 4) Deadline for drawing of ballot position by county election commissioners. 5) The date the election shall be certified by the county board. The proclamation is required to be filed with the county clerk, who is responsible for transmitting it to the county board of election commissioners. The county board is responsible for publication of the proclamation in a county newspaper of general circulation. A.C.A. § 7-11-104. State law requires that special elections (and associated special primary elections) must always be called on the second Tuesday of a month, with certain exceptions for holidays, and etc. A.C.A. § 7-11-105 (a) through (c). If the special election is called for a month with a general or primary election, they are to be held on the same date. A.C.A. § 7-11-105 (d)(1). Special elections are not allowed less than 70 days following the date established in the proclamation for drawing of ballot position, if the special election coincides with a primary or general election. Otherwise, it may not occur less than 60 days following the date for drawing of ballot position. A.C.A. § 7-11-105(e)(2). According to the County Election Commission, there are no qualifying general or primary elections scheduled for 2015. Per law, the filing period deadline must be at 12:00 noon, and the 15-day filing period must run from not more than 90 to no less than 75 days prior to the primary, per A.C.A. § 14-48-109(a)(3). However, the statutes don’t specify a date for special election primaries. (For regular elections, it is specified as the 2nd Tuesday of August preceding the municipal general election.) The filing period dates set forth below are based on an October 13th primary election, the first “2nd Tuesday” date that allows the above specified time periods to run. Certification of results by the county board of election commissioners is mandated to occur no earlier than forty-eight (48) hours after the election and no later than the fifteenth calendar day after the election, per A.C.A. § 7-5-701 (a)(1) (Although not set forth here, please be aware that there are special procedures applicable in the event of a single, unopposed candidate.) Relevant special election dates: (subject to confirmation by County Election Board.) Tuesday, July 7, 2015: Proclamation/Resolution: (First Board of Directors meeting following occurrence of vacancy.) Wednesday, July 15, 2015: Candidate filing period opens (90th day before primary.) A.C.A. § 14-48-109(a)(3). Thursday, July 30, 2015, 12:00 Noon: Candidate filing deadline. (75th day before primary.) A.C.A. § 14-48-109(a)(3). Tuesday, August 4, 2015: Deadline for city clerk to certify eligible candidates to county board of election commissioners. A.C.A. § 14-48-109(a)(6)(B). Thursday, August 6, 2015, 6:00 p.m.: Drawing for ballot position. Statutes don’t specify when this should be, other than must be at least 60 days prior to special general election (or 70 days if the special election coincides with a primary or general election) A.C.A. § 7-11-105(e)(2) and obviously must be after the eligible candidates have been determined. The drawing date and time were provided by the Benton County Election Commission. Friday, September 11, 2015: Deadline for drawing of ballot position. (60 days prior to special general election.) A.C.A. § 7-11-105(e)(2). Tuesday, October 13, 2015: Special primary election. (First “2nd Tuesday” which provides sufficient time for required filing period.) A.C.A. § 14-48-109(a)(3). All special elections must be on 2nd Tuesdays, per A.C.A. § 7-11-102, unless they are in a month with a scheduled general or primary election, in which case they are held together. (Not applicable here.) Wednesday, October 28, 2015: Deadline for certification of special primary election results by county board, per A.C.A. § 7-5-701 (a)(1). Tuesday, November 10, 2015: Special general election. (If required.) Wednesday, November 25, 2015: Deadline for certification of special general election results by county board, per A.C.A. § 7-5-701 (a)(1).