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HomeMy WebLinkAbout1995-02-21 Minutes69 MINUTES OF A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, February 21, 1995, at 6:30 p.m., in the Council Room of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. PRESENT: Mayor Fred Hanna; Aldermen Stephen Miller, Kit Williams, Cyrus Young, Woody Bassett, Robert Prichard, Len Schaper, and Heather Daniel; City Attorney Jerry Rose; City Clerk/Treasurer Traci Paul; Administrative Services Director Ben Mayes; Planning Director Alett Little; Assistant Public Works Director Charles Venable; members of staff, press, and audience. ABSENT: Alderman Steve Parker CALL TO ORDER Mayor Hanna called the meeting to order with seven aldermen present. MEDAL OF VALOR AWARD Mayor Hanna presented a Medal of Valor to Fayetteville Fire Fighter Marty Powers for his rescue of Angelica Smith, an occupant of a fire at 309 1/2 W. Spring Street on January 31, 1995. Mayor Hanna also recognized citizens Steve Powell, Wayne Mattlock, and Danny Island for being first on the scene and trying to attack the fire with fire extinguishers. STATE OF THE CITY ADDRESS BY MAYOR FRED HANNA Mayor Hanna stated Fayetteville has lived up to its reputation for another year. It is still a hot bed of tranquility. The major issue facing the City in 1995 is growth and how to manage it. The growth over the past three years has been phenomenal. People are concerned about traffic, congestion and the consequences of the growth. Economically, things have gone well, almost too well in terms of not being able to keep up with infrastructure demands. Fayetteville is not out of control and is still a planned community. Citizens should step forward with any suggestions to make things even better. Financially, Fayetteville is in good shape. Financial Statements for 1994 are on file in the City Clerk's office for review. The accounting firm of Arthur Anderson & Company will begin an independent audit of the City's financial records in March. A formal report will be submitted to the Council and Fayetteville citizens by mid 1995. Preliminary reports are positive. 70 February 21, 1995 Mayor Hanna listed the following issues and improvements from the past 18 months and possible future improvements: • • • The -City spent six million dollars to bring the 36 -.42 inch waterline from Beaver Lake to Joyce Blvd. In 1995, the line could be extended west and south and storage tanks added near Cato Springs Road. The City replaced.ot upgraded water lines on Dickson Street, Denver, Van Buren, Poplar, Mill, Rock, Washington, --Mountain, and Finger. Additional lines will by replaced and/or upgraded in 1995. The City has spent approximately ten million dollars on EPA mandated sewer improvements. Another 2.6 million will be spent in 1995. Street improvements were made to Dickson Street, Frisco, Huntsville, South College, Morningside Drive, Fifteenth Street, Beechwood and Eighteenth Street. Twelve miles of gravel roads were paved. In 1995, improvements are planned. for Joyce, .Highway 71B, Highway 265, Salem Road, Wedington Drive, Drake Street, West -Sixth Street, Razorback Road, Stubblefield Road, Old Missouri Road, and Township Road. The City has constructed or improved sidewalks around schools and City facilities. Sidewalks should remain an issue in 1995. • The Curbside and Commercial Cardboard recycling program has been in the planning process for a year. The program will begin within the week. -In 1995, the City will build a waste transfer station and recyclable materials processing center. • As in the past, the number of police officers and fire fighters will be increased._ The: City may also provide additional jail space and fire stations.. • New soccer fields have been planned forproperty near Asbell School.. The City will continue to'improve existing parks and plan to acquire new .park land and open space. Grants have been received that will allow` improvements to Lake Fayetteville South, Gulley and Walker Parks. • More than 900 local citizens gave more than 35,000 hours of their time to City programs and activities last year. • Lights of the Ozarks has been a success. • • � Thee- City has made;, great strides` n' 'efforts to make Fayettev,iile accessible'to citiiens with' disabilities. 71 February 21, 1995 • Through Community Development efforts, 86. homes were rehabilitated last year. The City plans to rehabilitate additional homes this year. The City will also be helping the School District in constructing two community centers. Mayor Hanna stated two major goals for 1995 are to get a ruling on the incinerator lawsuit and to adopt ordinances to implement the 2010 plan as quickly as possible. Mayor Hanna explained the importance of being good neighbors. He stated he wanted to see cooperative efforts continue as they have in the past in working with the University, the public schools, and Habitat for Humanity. Mayor Hanna pledged his best efforts and stated that City staff would work with the City Council and the citizens to live up to Fayetteville's mission statement, "To protect and improve our quality of life by listening to and serving the people with pride and fairness." OLD BUSINESS Mayor Hanna introduced consideration of items that have been brought before the Council but were tabled or no decision made to allow further information to be presented. A. INCINERATOR LITIGATION: City Attorney Rose explained that the City's attorneys in the incinerator litigation need the Council to authorize, by motion, three things: 1) The City's entering into tolling agreements, 2) Filing suit against individuals or corporations who refuse to sign tolling agreements, and 3) Ms. Gay to represent the City in oral argument before the Supreme Court. Kitty Gay stated she had been in contact with the attorneys for the third party defendants who have not signed tolling agreements. They like the idea of a tolling agreement. The agreements are in the process of being developed. The City may not have to file any third party litigation until a mandate issues from the Supreme Court. Alderman Bassett stated the City should get tolling agreements from third party defendants. Alderman Williams, seconded by Daniel, made a motion to authorize tolling agreements with all of the third party defendants. In answer to a question from Alderman Young, Gay explained that some tolling agreements are renewable. Other tolling agreements are being negotiated. 72 Febrhary 21, 1995 Alderman Miller suggested.keeping third party .suits as>an option•. Upon roll -call the motion passed by a vote -of 7 to 0. Alderman Bassett, seconded by Daniel, made a motion that if in the event.one or more of the third party defendants refuse or fail, for whatever reason,. to signa tolling agreement that the Council authorise its attorney to institute a third party lawsuit against that defendant or defendants. In answer to a question from Alderman Young, Rose explained that the Council's attorneys would be Kitty -Gay and Walter Niblock. In answer to another question :from Alderman -Young regarding compensation for the Council's attorney, Rose stated the decisions need to made at the time the suits are filed against the third party defendants.: .The Council maythen decide whether to have Ms. Gay and Mr.. Niblock continue on with third party suits on an hourly basis, have other attorneys seek to represent the City on a contingency fee basis or request that the City Attorney proceed with the lawsuit. Alderman Schaper asked if the' Council wanted a report regarding tolling agreements so a decision could then be made on who should file the suits. In answer to a question from Alderman Williams, Gay stated the last day to file those suits is May 19. Alderman Bassett stated'he wanted to include.in his motion that if one or more of the third party defendants -refuse or fail to sign an agreement that the attorneys -report that to the: Council so a discussion regarding filing the suits could take place. Gay suggested the agreements on March Upon roll call, the Gay stated it was participate in oral Council discuss the status of the tolling 21. motion passed by a vote of 7 to 0. important that she- gq to Little Rock and argument but wanted the Council's approval. In answer to a question from Alderman Bassett, Gay stated the delays in the appeal have been delays that the Barnhart attorneys brought about in not filing a notice.of appeal in a timely fashion, not getting the transcript filed-in•a timely manner, a request for an additional month.of briefing:x-Other parties in the -lawsuit have caused about an eight month delay. The City has,done everything in its -power to have a decision by .now: ` ,- : 73 February 21, 1995 Alderman Bassett, seconded by Young, made a motion to authorize Ms. Gay to participate in oral arguments. Upon roll call, the motion passed by a vote of 7 to 0. In answer to a question from Alderman Young, Gay stated there is no issue of constitutionality before the court. No one has alleged that any statute is unconstitutional. Barnhart has simply said that the contract is not valid because it violates State Law. The law that empowers the contract is not being challenged. In answer to a question from Alderman Bassett, Gay stated the Northwest Arkansas Resource Recovery Authority should take action to make sure there is not any kind of loophole. Bassett suggested having a Northwest Arkansas Resource Recovery meeting after the City Council Agenda Session on Tuesday, February 28. Rose stated only four Aldermen have agreed to be on the Resource Recovery Authority. Five members are needed to have a quorum. Gay stated the lawsuit between the Authority and the Rose Law Firm is not included in the tolling agreements because that suit was dismissed years ago. With the Rose law firm, the tolling agreement is only between the Firm and the City. Joe Robson stated the Council has oaths of office that have already been sworn to. No one ever said they were running for office so they could be a director of a separate corporation. '<Robson questioned why any Council members would be directors of a separate corporation, separate corporations that the City has contracts with, and separate corporations that the City has contracts with that are being contested in the law. Council members do not have a responsibility to be a director of a separate corporation. In doing so, Council members jeopardize the primary responsibility they have to this City. When Mayor Hanna refers to our debts, that could be because he has bought into the belief that debts that are created by another corporation are the debts of the City of Fayetteville. The constitution says they shall not be. Alderman Bassett pointed out that the lower court ruled the other way. Robson quoted from old correspondence and documentation pertaining to the incinerator lawsuit and expressed concern about a contract that was altered after the City Board of Directors passed it. Alderman Bassett stated the City has a twelve million dollar debt that is going up. We are trying to get a decision from the Supreme Court so the problem can be addressed. 74 February 21, 1995 Robson also discussed concerns regarding the revenue bondtissue•t Alderman Williams -stated the City is going. to be bound by what the Supreme Court does. The :issue before. the, Council tonight was whether or not the Cityawasrgoing to authorize ts'attorneys to sue the third parties: if ;they`do• not`have a toll'ifig-fagreament. Robson stated he ..was: concerned that Ms,. rGay;:is working on the language of the.agreements ' The Council is allowing clocked in attorneys to' critihize clocked -out attorneys The attorneys for the residents and, sanitation.3rate'payers in the City of Fayetteville; ;have ; not.:made any,,money. A 0,ier three: million dollars has been'spent.i It-has`been a paper blizzard. In answer to questions from Robson regarding whether or not Alderman Bassett's sister is a partner''of Wright; Lindsey.& Jennings and whether or not Alderman.. Bassett ever intervened in behalf of the former City Attorney -for Scottsdale insurance corporation, Alderman Bassett stated,.tothe Mayor, that he would address the question at a more appropriate time. Robson accused Alderman Bassett of leading the other Aldermen in making decisions. He also accused Alderman Bassett of; behind closed doors, getting other Aldermen to -sign agreements to be on the directors of the Authority.. Alderman Bassett stated he has not done anything behind closed doors. Mayor Hanna explained that the issue before the Council is tolling agreements. HOUSE BILL 1726: Alderman Williams stated House Bill 1726 .has been proposed. This bill would cripple the City's efforts to:manage the growth and development. It claims to protect private property but itreally endangers every landowner who relies upon-Fayetteville's zoning and environmental laws to preservetheir-ne ghborhood, protect their homes and businesses. -it endangers every taxpayer-.becaiise it authorizes a flood of litigation: Alderman Williams read a resolution opposing proposed House Bill 1726 and notifying the Arkansas Legislature, Municipal League, and the Governor's Office of such opposition.' Alderman Williams, seconded by Daniel, made a motion to accept the resolution. Alderman Daniel stated House Bill 1726 is meddling in municipal affairs. 75 February 21, 1995 Alderman Schaper stated Fayetteville is trying to control the growth in our city and manage it properly.. This bill would take away the ability to control growth and cripple current zoning laws. Alderman Prichard expressed concern of how Charles .Stewart is choosing to represent the people of Fayetteville. Alderman Bassett stated the City is trying to find ways to manage our growth and to keep this one of the best cities in which to live in the country. There will always be debate about how that should be done. Decisions about how to deal with issues that directly affect Fayetteville should be made by the elected City Council. This bill would cause an explosion of litigation. Alderman Young stated people do not realize the effects this bill would have if passed. This bill would take away the one thing protecting landowners, zoning districts. Alderman Miller stated our State Representative has introduced this bill that would destroy the very city that has been represented so well for so many years. Elam Denham stated fourteen states have passed similar bills. This bill supports the United States Constitution and the Arkansas Constitution's Private Property Protection Provisions. It requires the government to pay fair market value for what it takes from its citizens. This bill will protect citizens from governmental intrusions. Harley Brigham stated he agrees with the views of the Council members and supports the proposed resolution. Tom McKinney thanked the Council for the proposal and support of the resolution. He stated a similar bill is currently working its way through Congress. McKinney pointed out laws already in place that apply to the same issues as House Bill 1726. Mayor Hanna expressed regret that the name of Representative Charlie Stewart had been discussed and stated he is an honorable man. This bill should not reach the floor of the house. Charlie Stewart probably accomplished what he intended to do here tonight. Upon roll call, the resolution passed by a vote of 7 to 0. RESOLUTION 23-95 AS RECORDED IN THE CITY CLERK/8 OFFICE. 16 t February 21, ORDINANCE 159.34 REVISION:.-.., replacing‘ Section :.159:34.; Of x regarding::guarantees in lieu -of City Attorney..Rose:read the.ordinance.for the second time. :19951 An; ordinance: repealing., and theSubdivision Regulations Metalled 'improvements. 7 Alderman Young explained that the proposed ordinance is much like a Springdale ordinance. He stated it gives the City a -guarantee that facilities in a new subdivision will be installed. Alderman Daniel expressed support for the ordinance. Schaper, seconded by Williams, made a motion to suspend the rules and place the ordinance on•its third and final reading. = Upon roll call, the motion passed by a vote of 7 to 0. The City Attorney read the ordinance for the third time. Upon roll call,, the ordinance passed by a vote of 7 to 0. ORDINANCE 3869 APPEARS OF PAGE OF ORDINANCE BOOR C. ZONING CODE AMENDMENT: An ordinance amending Chapter 160, Zoning Code, of the Code of Fayetteville to repeal off-street parking requirements set forth. in various subsections of Section 160.055; to add a definition for ',parking lots, in Section 160.002; to repeal Section 160.118 (D)(5) setting forth a minimum parking setback requirement reduction; to repeal Section 160.117, Off -Street Parking'.Requirements; and to adopt standards for parkinglots. The City Attorney read the ordinance for the first time. Alderman Schaper stated the proposed ordinance has been reviewed by the Ordinance Review Committee. Schaper, seconded by Bassett, made rules and place the ordinance on call, themotion passed by .a vote a motion to further suspend the its second reading. Upon roll of /..to O. .• The City Attorney read the ordinance for the second time. In answer to a question from Alderman Daniel regarding parking decks, Alderman Schaper stated parking decks :are not included in the ordinance. They are separate. Alderman Bassett stated the Ordinance Review Committee looked at the ordinance. It gives the City some ability t� control parking lots and how they are built. This issue has been a concern of many citizens. Several suggestions discussed at the Ordinance Review Committee meeting are not included in the ordinance but could be addressed at a later. date. 77 February 21, 1995 Mayor Hanna pointed out that handicap parking requirements are included in the ordinance in exhibit A. In answer to a question from Jim Gattis, Planning Director Alett Little stated the ordinance does not require. striping to be in conformance with MUTCD color codes. . Jim Gattis requested the ordinance be amended to require striping within parking lots be in conformance with the Manual on Uniform Traffic Control Devices. He stated markings used in private lots would be the same markings that drivers experience on public streets. In answer to a question from Alderman Miller, Little stated the City does follow the manual as required by State Law, but it would not be a problem to amend the ordinance. Alderman Williams suggested adding a sentence to Section B.4. Little stated the additional sentence would read: Such striping and marking shall be in accordance with the Manual on Uniform Traffic Control Devices. Williams, seconded by Miller, made a motion to add the sentence to Section B.4 of the proposed ordinance. Upon roll call the motion passed by a vote of 7 to 0. Bassett, seconded by Schaper, made a motion to further suspend the rules and place the ordinance on its third and final reading.. Upon roll call, the motion passed by a vote of 7 to 0. The City Attorney read the ordinance for the third time. Little stated Granville Harper submitted a letter with concerns regarding non -conforming parking lots. A section has been added to this ordinance under Section I to address that letter. Upon roll call, the ordinance passed by a vote of 7 to••0. Upon roll call, the emergency clause passed by a vote of 7 to 0. ORDINANCE 3870 APPEARS ON PAGE OF ORDINANCE BOOR 78 February 21, 1995 t' REZONING R95-1: 'Art „, Orel inance rezoning; 40 708 708 1/2 'and 721' N.' Leverett Avenue Density. Residential to C-1, Neighborhood requestedaby: Mike,Galbraith. ♦ k The City Attorney read the ordinance for the second time. acresrlocated at from R-3, High Commercial, as Mike Galbraith stated the purchase of the property on Leverett Street was madeasan investment. The options for the property are to leave it the way ib is, repair Tend upgrade the existing structures, remove the existing structures and replace them with as many living units as the current zoning allows, or replace the existing units with a service oriented, historically accurate commercial - residential structure. `The: last option seems to be the best choice. In answer to a question from Alderman Williams, Galbraith stated some possible commercialluses would be.a coffee shop, deli, typing service, copy shop, gift shop, office supplies, and/or a laundry. In answer to a question from Alderman,Miller, Galbraith stated the large tree on the property would be saved.. Williams,. seconded by Miller, made a motion.to suspend the rules and place the ordinance on its third and final reading. •Upon roll call the motion passed by a vote of 7 to 0.. Upon roll call the ordinance passed by a vote of 7 to 0. ORDINANCE:3871 APPEARS ON PAGE OF ORDINANCE BOOR E. REZONING R95-3: An ordinance rezoning 5.65 acres located west of Deane: Solomon Road and -south of Moore Lane from R-1, Low Density Residential to R-1.5-, Moderate Density Residential, as requested by E.E. Sonneman and Sarah 8. Agee.- The gee.The City Attorney read theordinancefor the second time. Little stated a bill of assurance was submitted by the property owners. The bill of assurance limits the development to 17 duplex units and states that should a subdivision under the R -I.5 zoning fail, the property would revert back to:R-1 zoning. Bill Rudasill, an engineer representing the owners, -stated the developer wants to cater to a golf course community. Alderman Schaper explained that the proposed use would not be appropriate near the RV park which is being planned for that area. Rudasill stated the intent for the property is executive duplexes. 79 February 21, 1995 In answer to a question from Mayor Hanna, Rudasill stated the size of the duplexes has not been determined. Alderman Williams suggested the request should be a conditional use before the Planning Commission rather than a rezoning before the Council. Alderman Schaper expressed concern about the developer using building plans from a book rather than plans from a local architect. Mayor Hanna stated the ordinance would be on its third reading at the next Council meeting. F. PLANNING COMMISSION ORDINANCE AMENDMENT: An ordinance amending Sections 33.105 E 33.107 of the Fayetteville Code of Ordinances and adding Sections 33.110 & 33.111 to the Fayetteville Code of Ordinances. City Attorney Rose stated the ordinance is on its third reading. Alderman Schaper stated many people haveshown to be in favor of the ordinance. Mayor Hanna stated the April 1 transition date seems to soon. He suggested changing the date to September 1. Alderman Bassett stated he was in favor of the September 1 transition date. He commended Alderman Schaper for working with the Ordinance Review Committee as the proposed ordinance was being reviewed and revised. Alderman Williams expressed his support for the ordinance. upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3872 APPEARS ON PAGE Alderman Prichard left. CONSENT AGENDA OF ORDINANCE BOOR Mayor Hanna introduced consideration of items which may be approved by motion, or contracts and leases which can be approved by resolution, and which may be grouped together and approved simultaneously under a "Consent Agenda": A. Minutes of the February 7 regular City Council meeting. B. Removed from the Consent Agenda. 80 February 21.,, 1995 C. A resolution awarding _Bid 94-99 to. Downing Sales:for the purchase of Solid Waste :containers•:to be used in the Commercial Cardboard Recycling Program -and in the Commercial Can Program"and approving a -budget adjustment." RESOLUTION 24-95 AS RECORDED IN THE CITY CLERK'S OFFICE. ,, D. A resolution awarding Bid 94-98 to Otto Industries.for the purchase: of 95 gallon carts to be.used in the Commercial Can Program and approvinga budget - adjustment. RESOLUTION 25-95 A8 RECORDED IN THE CITY CLERK'S OFFICE. E . A resolution approving an engineering contract with CEI Engineering, Inc. for the analysis_and modeling of, the Lake Fayetteville Dam and basin as necessary for staff to prepare and develop an "Emergency Action Plan" -as mandated'by the State of Arkansas. , p 9 ;10.r; f f -. RESOLUTION16-95.AS RECORDED IN THE.CITY CLERK'S OFFICE. F. A resolution awarding an engineering contract to McGoodwiri, Williams,.&JYates, Inc: In'the`amountof $47,730,. plus a 10% project contingency of $4,773 fora 24" water line replacement on 6th Street:. •.. i . RESOLUTION 27-95 AS RECORDED IN THE. CITY CLERK'S OFFICE. G . A resolution accepting the donation of a .57 acre tractof land -=located on_ the east side of ,Gregg Avenue and- south of Center Street. RESOLUTION.28=95 AS RECORDED IN THE CITY CLERKtS OFFICE.. H . Approval of a nomination from the.Advertising and Promotion Commission to appoint Alex Jerde-'to fill an unexpired term ending April 1, 1998.. Williams, seconded by Miller, made a motion to accept the consent agenda. Upon roll call, the motion passed by a vote of 6 to O. Item B A resolution: approving the use of City owned property, -;for the Transfer Station and Recycling Materials Processing Facility. - Alderman Williams stated he requested the item be removed from the Consent Agenda so the issue of siting;a transfer facility could• be discussed by thee -Council and the public. - 81 February 21, 1995 Steve Ward of the Fayetteville Chamber of Commerce stated the tenants of the Industrial Park held a meetingregarding the proposed transfer station site. As a result of that meeting, a number of questions have come up. Ward requested the item be postponed. Fran Alexander expressed her confidence in the City of Fayetteville's ability to construct an appropriate transfer station. Paul Pinneo of Marshalltown Tools, representing the Industrial Park residents, stated the center of the Industrial Park is not an appropriate place for a transfer station. Pinneo passed out and reviewed a list of economic concerns and environmental concerns. In answer to a question from Alderman Schaper, Pinneo stated if the City plans to excavate on the proposed site for the transfer station, there will be problems with water. Alderman Williams asked if Mr. Pinneo was familiar with Lot T in the Industrial Park. He stated according to a study, Lot T is the best site for the transfer station except for the fact that it would cost an additional $400,000 to develop. Alderman Williams asked if the industries in the Industrial Park might work with the City if they needed to obtain some financing to develop Lot T. Alderman Williams and Pinneo discussed pluses and minuses of different locations of the transfer station. Alderman Schaper asked if the City has other options regarding the transfer station issue. He asked if Fayetteville needs to build its own transfer station. Alderman Miller expressed support for Fayetteville having its own transfer station and materials recovery facility. He stated the Fayetteville Zoning Code requires the facilities to be located in an I-2, Heavy Industrial Zone. Alderman Miller suggested that the City Council Environmental Concerns Committee meet within the week to discuss the issues and concerns with all involved parties. Alderman Bassett expressed his support for Alderman Miller's suggestion. Alderman Young asked if there had been any discussion at any of the public hearings regarding where the City might develop a transfer station if it were not developed in the Industrial Park. Pinneo stated no. 82 February 21, 1995 Mayor -Hanna stated there is a historyTto this transfer station.. It was first recommended in 1989.. .Fayetteville's 1.3 .million dollar transfer station cannot be compared to Hot Spring's $700,000 transfer station: The proposed trinsfer station will be state of the art. It is our trash. Nobody wants it in there neighborhood. It is Fayetteville's responsibility to take care of Fayetteville's trash. Drew Holt, Director of the Four County Northwest Regional Solid Waste Management District, stated he would be glad to work with the City Council Environmental Concerns Committee in addressing the concerns regarding the transfer. station. This type of facility is going to have neighborhood:opposition no matter what. Alderman Williams., seconded by Young, made a motion to table the resolution until the City Council Environmental Concerns; committee can have a hearing. _ eo y Jack Butt, an attorney who represents$Sunray,rstated If you do not like Sunray's landfill, pick out your own. County officialswill not site a landfill in Washington County.•rWould you rather be at the mercy of the regulationsrof -a113 highways that have to be traveled between. -here` and Stillwell and the Federal regulations that are in effect when you.cross the..state:line4or would you have somebody here that lives in:your.own'coth*unity and belongs to your own Chamber of -Commerce landfillkyour'garbage. This area needs a local landfill but some government needs to take the lead in doing it. Transferring trash somewhere else. is not the answer: A transfer station is one more way to get by a few more years before a hard decision will have to be made.. upon roll call, the motion passed. by ;a vote of 6 to O. MASTER STREET PLAN REPORT FROM THE MAYOR'S PROFESSIONAL COMMITTEE Mayor Hanna introduced consideration of a Master Street Plan report from the Mayor's Professional Committee. - Bob Alguire explained that the number:of lanes and functional classifications are separate issues 'and decisions. He gave an example of a collector street that .has five lanes and minor arterials in Fayetteville that will be two lanes forever. Functional classifications are determined _by how the road ,functions. The issues of expanding roads and adding lanes are not determined by functional classifications-.. When the City is making decisions about certain roads, functional classifications should be used to establish neighborhoods. Alguire suggested the City give more thought to setting up the functional -classification system. Also, he stated, some of the kinks in the roadson the Master Street Plan should be reviewed by technical people and straightened out. 83 February 21, 1995 Alguire stated Township Road functions as a minor arterial. The City will have to decide at a later date whether to widen Township or not. The next twenty years of all State and Federal money has been allocated and Township is not in that plan: The City would have to pay the cost to make Township a four lane. The Township extension to Highway 45 is not recommended. Mt. Comfort Road west functions as a minor arterial. The By-pass should be designated as an expressway or freeway. Jim Gattis stated the Planning Commission plan shows Rolling Hills as an unworkable intersection. There should be an alternative plan for that intersection. Skelton Street seems to be unnecessary. Mt. Comfort Road should be realigned. Kinks in roads on the plan should be straightened out. More planning needs to be done in the area of Salem Road and Mt. Comfort. There is an unnamed east - west minor arterial that is too close to Mission. Also, the City should not give up the existing alignment for Salem Road before the new minor arterial alignment is in place. Alguire gave suggestions for improving some of the major traffic problems in the mall area. Gattis added that kinks should be taken out of roads for safety, convenience and capacity. - Gattis stated there has been talk about needing a loop around Fayetteville to help get traffic out of the middle of town. Most of the proposed loops are not viable alternatives. The Fulbright Expressway extension would offer, in the future, a viable alternative. The other parts of the loop would be the east side freeway by-pass and possibly a south side loop. A detailed study needs to be made to determine the most feasible alternative regarding this issue. The current Fayetteville Cross Section Standards are grossly out of date and inadequate. A draft set of standards has been submitted to Planning Director Alett Little. The issue of how to deal with some of the future rights-of-way preservation needs to be better addressed. Alguire suggested converting frontage roads to one way in the areas of Highways. 16 West and 62 West. He stated by using the one way system at Highway 16 and the by-pass, two intersections could be eliminated. One way roads are much easier to signalize. The same type of system would work at Highway 62 and the by-pass also. The type of arrangement currently in place is a disaster. A Master Street Plan document needs to be submitted to the Northwest Arkansas Regional Planning Commission. February 21, 1995 In answer to -a question from Mayor Hanna, Alguire stated.the Professional Committee recommends that the Council adopt:the Master Streets -Plan as it is.•presented and have a technical -.'review committee look at"making'amendments to the. .plan as needed. The Council needs to make a decision on the Township extension to Highway 45.. In answer to a question from Alderman. Schaper, Alguire..stated Porter Road would be the logical extension in the west. Gattis stated a proliferation of'cul-de-sacs is bad for traffic and neighborhoods. As a general rule, these cul-de-sacs should not be allowed. There needs to a an interconnectivity between the various small subdivisions. Jeannie Hill stated she was pleased to hear that the City may not extend.Township to. Highway 4.5. There"has been some concernthat all the public input that has been given regarding the .Master Street Plan was going to be forgotten when the Mayor's Professional Committee .was appointed. Shea Lastra stated she understood that there would not'be•an open hearing tonight. There are many people who did not show up. Brian, a resident of Township extension, .expressed concern -that he might lose a large registered tree. He requested something be worked out so that the tree could be saved.. • Gattis stated the tree could be reviewed by a technical. committee. Alderman Miller stated he would look at the tree.. Ed Walker, a -Mission Blvd. resident, asked if the map currently up for adoption has an extension. platted' for'Township to connect to Highway 45. Planning Director Alett Little stated. it -:did. not. Walker stated if Township were extended: to -Highway ,45, it would become a. through street:. Safety' factors,shouldbe}considered when making this,decisionsc 'Walkenasked what-happened'to`the west exit into. Johnson that was to be developed with the mall. i -g T ' -r - 7 € •F` .. In answer to Walker's questions, Mayor:HannW stated if Township were extended it would have to.bemade a,- minor.;arterial: =Joyce will be extended to Gregg Street in':the=near'rfuture. s J..f• a.S,soy.. Jack Butt, a resident ofLafayette, stated, residents have attended many meetings in the past. The City.•is going backwards in approving the December plan with the Professional -Committee's changes. 85 February 21, 1995 Mayor Hanna stated there is a misunderstanding. The committee has recommended that the Master Street Plan be accepted as presented. Then the City will take the suggestions made by the committee and review them. Possible amendments could'be made later. Butt stated when College Avenue was widened to four lane it separated a neighborhood into two. If Lafayette is widened to four lane it would separate the neighborhood. The neighborhood does not want Lafayette classified as a minor arterial. It should never be a four lane street. Gattis explained that heavy, through volume on a two lane street is considered a minor arterial. The right-of-way should be preserved in case a need arises. Butt explained that what a street is labeled can make a difference as to what will be developed in the area in the future. Jack Springbornstated the Master Street Plan is just what it says it is. If a street is labeled a certain way, that is the way it is going to be regarded until the Master Street Plan is changed. Jim Kimbrough, 2420 N. Salem Road, stated he would like to discuss the issue of realigning street further at the next meeting. Alderman Williams announced that the City Council Street Committee will have a working meeting to discuss the Master Street Plan on Tuesday, February 28, around 5:30 p.m. He stated it would not be a public hearing. Alderman Williams, seconded by Miller, made a motion to table the Master Street Plan until the Council's next meeting. Upon roll call, the motion passed by a vote of 6 to 0. BUDGET ADJUSTMENT Mayor Hanna introduced consideration of a resolution approving a budget adjustment allowing for the rollforward of all projects or items in progress which were appropriated in the 1994 budget to become part of the 1995 budget. Miller, seconded by Williams, made a motion to pass the resolution. Upon roll call, the motion passed by a vote of 6.to 0.. • w . RESOLUTION 29-95 AS RECORDED IN THE CITY. CLERK'S OFFICE. 86 February 21, 1995 BID WAIVER . An ordinance approving a .bid waiver for Johnson Mechanical Contractors, to allow for :the continuation -of work on the new maintenance center in accordance with Resolution 2-94. This request will complete the work items on the original bid and isnot to exceed.$357512. City Attorney_Roseread .:the ordinance for the first time. Miller, seconded by Schaper., madea motion to suspendthe rules and place the Ordinance on its second .reading. Upon roll call, the motion passed by a vote of 6 to 0. The City Attorney read the ordinance -for the second time. Schaper, seconded by Miller, made a motion to further suspend the rules and place to ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 6 to -0. The City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 6 to 0. ORDINANCE 3873 APPEARS ON PAGE OF ORDINANCE BOOK BID_ WAIVER An ordinance approving a bid waiver for Multi - Craft/Contractors, to allow for.the continuation of work an the new maintenance center inaccordance..with resolution 3-94. 'This request will complete the work items on -'the original bid 93-51 and -is not to exceed $70,000 City Attorney Rose read the ordinance for the first time. Williams, seconded by Schaper, made a motion to suspend the rules and place the ordinance on its second reading....Upon roll call, the motion passed by.a vote of:6+to,0: 1.3` +`.s 9 t Y The City,Attorney read the ordinance for the second time. Williams, seconded by,Miller; made•a motion°to:further suspend the rules and place the ordinance -on is third and final reading. IIpon roll call, the motion passed:by=a:.:vote,of -5- to .i,. with Miller voting no. The City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 6 to 0: ORDINANCE 3874 APPEARS ON PAGE OF ORDINANCE BOOR February 21, 1995 EQUIPMENT PURCHASE 87 A resolution accepting low Bid 94-95 from Shipley. Motor Co. for the purchase of 5 new sanitation vehicles at $650,393 07,. less a trade allowance of $21,500, for a net amount of.$628,893.07.and accepting the purchase offer from Independent Garbage for a unit for $30,100. Alderman Miller explained that the Equipment Committee reviewed and approved of the three equipment purchases. Alderman Williams, seconded by Daniel, made a motion to accept the recommendation of the Committee. Upon roll call, the motion passed by a vote of 6 to 0. RESOLUTION 30-95 AS RECORDED IN THE CITY CLERK'S OFFICE. EQUIPMENT PURCHASE A resolution accepting low Bid 94-101 from Shipley Motor Co. for the purchase of 2 new dump trucks at $157,242.26, accepting the purchase offer from Mountain Mechanical for a unit for $6,800, and accepting the purchase offer from Tomlinson Asphalt for a unit for $12,851. Alderman Miller, seconded by Young, made a motion to accept the resolution. Upon roll call, the motion passed by a vote of 6 to 0. RESOLUTION 31-95 AS RECORDED IN THE CITY CLERK'S OFFICE. EQUIPMENT PURCHASE A resolution accepting low Bid 95-1 from Williams Ford Tractor for the purchase of a new tractor at $59,469, less a trade allowance of $22,000, for a net amount of $37,469. Alderman Miller, seconded by Williams, made a motion to accept the resolution. Upon roll call, the motion passed by a vote of 6 to 0. RESOLUTION 32-95 AS RECORDED IN THE CITY CLERK'S OFFICE. ANNEXATION & REZONING R95-4 An ordinance annexing 40 acres located north of Mt. Comfort Road and west of .Salem Road and .rezoning the property from A-1, Agricultural to R-1, Low Density Residential, as requested by Robert Whitfield on behalf of Helen Dunlap. Mayor Hanna stated there is a procedural difficulty with this item and the Council will not be able to take it past the first reading. City Attorney Rose read the annexation ordinance for the first time. 88 • 'February ,21,:;1995 Alderman Williams stated.as the MasterStreetPlan is drawn tthis time. It appears the property might abutthe'projected Salem Road. Robert Whitfield stated it looks like it.goes through the middle. of the 40. The adjoining property owner to the west believes that it runs on the 40 line. It would then be 1,320 feet from Salem Road to the west. • Alderman Schaper asked that someone look into that. Alett Little stated it probably cuts the 40 in a north - .south direction. Whitfield stated when property is condemned and cut in half, there will be severance damages.. Some details should be worked out by the next reading. Bradford White expressed concerns about drainage. Whitfield stated this particular project has seven and one half acres of flood way that will not be touched and south of the flood way is five and onehalf acres that will -not be touched.. There will be 13 acres untouched. In answer to a question from Alderman Schaper, Little stated extensive filling of flood plain is anticipated by,the•:Corps of Engineers. The way that they set the,floed way is to assume 100% fill of the flood plain. The streets are designed to carry a 25 year storm. In most cases they would be under water. Whitfield stated in this case there is a 13 acres basin. The houses will be approximately two feet above the lot elevation. The curb level will be at a lower grade and will carry the water down to the 13 acre basin then it will move into the retention pond. Bill Rudasill stated the streets in the project will be designed such that even though water may cover some of the streets, there will be access in other directions. City Attorney Rose confirmed that the. Council did not want to go forward with the rezoning ordinance until after the annexation. In answer to a question from Rose, Bradford White stated he did not receive mailed notice of the annexation --and .rezoning. Mr. White stated he understood that the Council, at its next meeting, will be considering both the annexation and the rezoning. White statedhe now had sufficient notification: 89 February 21, 1995 JUVENILE CONCERNS COMMITTEE An ordinance establishing a Juvenile Concerns Committee; providing for its composition; and providing for rules and regulations. City Attorney Rose read the ordinance for the first time. Williams, seconded by Miller, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 6 to 0. The City Attorney read the ordinance for the second time. Miller, seconded by Daniel, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 6 to 0. The City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 6 to 0. ORDINANCE 3975 APPEARS ON PAGE ADJOURNMENT The meeting adjourned at 11:15 p.m. OF ORDINANCE BOOR