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HomeMy WebLinkAbout1995-08-15 Minutes331 MINUTES OF A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, August 15, 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 Kit Williams, Cyrus Young, Steve Parker, Woody Bassett, Jimmy Hill, Len Schaper, Heather Daniel, Stephen Miller, City Attorney Jerry Rose, members of the staff, press and audience. CALL TO ORDER Mayor Fred Hanna called the meeting to order with eight aldermen present INCINERATOR LAW FIRM SELECTION Mayor Hanna announced that after discussion at the special meeting held on Monday, August 14, regarding the selection of a law firm to handle the incinerator lawsuit, the aldermen decided to think about it overnight and vote on the issue at tonight's meeting. City Attorney Rose had distributed to the aldermen the evaluation factors and the firm names, as well as a new evaluation form. He asked that the aldermen rank their choices from first to third on this form. City Attorney Rose reviewed the State law in evaluating the qualifications of each of these firms. The factors to be considered are: 1. Aldermen must consider the specialized experience and technical competence of the firm with respect to the type of professional services required; 2. Aldermen must evaluate the capacity and capability of the firm to perform the work in question, including specialized services, within the time limitations fixed for the completion of the project; 3. Aldermen must look at the past record of performance of the firm with respect to such factors as control of costs, quality of work and ability to meet schedules and deadlines; and 4. Aldermen must look at the firm's proximity to and familiarity with the area in which the project is located. 332 August 15, 1995 City Attorney..Rose.stated that:the three.. firms being considered for selection are the Patton Law Firm of Texarkana; McDermott, Will &Emery with offices in Chicago and Washington, D'.C.; and the Lisle Law Firinfrom Springdale.. CityfAttorney,Rose stated that after the evaluation formis completed and signed by each alderman, he will tally votes and the -firm that receives themost first place -votes will be the law firmrselected.. If there is a tie for first place, thefirm • receiving the most first and. second place votes will be selected. If there isstill. a. tie., the Mayer will break the• tie. it It was -decided that City .Attorney Rose would tally the votes immediately after voting was completed and then interrupt the meeting when he has thesfinal-.results. Aldermann-Bassett thanked the Committee formed by City Attorney Rose for its work in -selecting the threefarmsnow being considered and for providing; the background information brought to the Council. Alderman Bassett read from a statement indicating that when this Council. took office, the' incinerator case was already before the Arkansas:Supreme:Court and all this Council could do was wait for the Court's decision. He reminded the Council that from this point forward, towever; :this Council -will. be responsible for what happens onthe.incinerator lawsuit and.for-what course is taken. • Alderman Bassett stated that some, including himself, have been Critical • .of decisions made by City officials in the past. Alderman Bassett: stated that he felt those decisions were made by good and decent Citizens:'who were willing to serve Fayetteville as elected representatives.. However,,some-poor, though well intentioned, decisionshave left the City burdened by this incinerator -issue: Alderman Bassett stated that thou..gh;.:this•Council cannot-ahange4 the past, if it can finally put an -end to this litigation; it° will have done its job: This Council' will:be judged"on howfrit handles this -issue and-on'.the decision made here. -' • Alderman Bassett urged Council members to remember that -- clients in. this case are the citizens of Fayetteville. He,.stated' the Council has a duty and obligation .to'citizens to -set a?policy and strategy in this case to:closethis painful chapter of"the" City's history. The only consideration -At this point should be which law firm of thethree possibilities has the best chance to bring everyone together to:settle and end -this political, legal,3 and financial nightmare.. • fr 333 1,4044 4P100.14 August 15, 1995 Alderman Bassett commented on his concerns about the law firm of McDermott, Will & Emery. He stated that one of the items to be handled by the selected firm is to seek to recover attorney's fees previously paid by the City. The records indicate that McDermott, Will & Emery have been paid over $1 million in fees. He was concerned about this apparent conflict. Alderman Bassett also felt that at least two of McDermott, Will & Emery's attorneys will probably have to be witnesses in the third party claims. When and if this occurs, these attorneys will likely be disqualified and the City would probably have to hire another firm. Alderman Bassett also stated he was opposed to hiring a law firm on an hourly basis. Alderman Bassett stated John Lisle is a good lawyer and has some knowledge about this case. However, he stated many citizens are still bothered by the fact that Mr. Lisle was awarded a fee of $2.6 million in the sales tax case against the City. If Mr. Lisle is selected, the issue will be Mr. Lisle and the selection of Mr. Lisle rather than the real issue. Alderman Bassett stated Mr. Patton's firm would be the best choice. Mr. Patton is a highly skilled and effective trial lawyer. He is fair, at all times ethical, and he will command the respect and attention of the lawyers representing other parties in this case. Alderman Bassett stated Mr. Patton offers the best chance to bring all parties together in this case in an effort to settle and end the case. He stated his intention of casting his first place vote for Mr. Patton's firm. Alderman Daniel stated that she also had Firm in first place. Mr. Patton is very he would be fair and reasonable with his selected the Patton Law capable and ethical and fees. Alderman Daniel expressed her doubts about McDermott, Will & Emery. She stated she had received some input from the public regarding the issue of how the City has been burned by lawyers in the past. Alderman Parker stated his concern with the hourly rate proposed by McDermott, Will & Emery. He stated that the Lisle firm has proven it is a winner and they have knowledge of the case. The Patton firm has also been a proven winner in a number of prominent cases. 334 August 15, 1995 Alderman.:Parker expressed his approval of the proposaL=ofthe dr Patton Law.Fiim'to take their contingency fee out of the City of Fayettevi-lle's share and'not out of the .entire amount awarded. Alderman Young. said .he raised the question in the past about - contingencyor hourly payments being.made to lawyers by the City. The people were saying they were tired of paying lawyers. Alderman Young expressed»his disapproval of McDermott; Will & Emery'because they wish to`be paid hourly. This isnot what the citizens want. Alderman Young stated the one advantage the Lisle firm,has over .P theatton firm is their>familiarity with the case and their thorough knowledge of the events leading Alp to this situation. Alderman Young stated the people of Fayetteville want a local person representing them. in`this case.:::Young expressed his support for the Li1se Law -firm as his first choice. Alderman,Millerstated he liked the fact that both Patton and Lisle would work.on a contingency basis: Speaking of Mr. Patton, Miller stated he .is a. man of''integrity'-and intelligence. Alderman Miller explained that he would be satisfied with whichever choice was made bythe Council', but listed the Lisle firm as.his first choice.because of,.their familiarity with the case and because•Mr: Lisle: -has a desire:to do something right for the City in light of his past victory over the City. Alderman Williams stated.Mr. Patton'is an excellent attorney and an excellent trial lawyer.' This.case'will -have to go to trial and a home state attorney will be better able to reach a local jury. s • Alderman Hill stated that after evaluating all the information available,, he favored Mr.' Patton's firm number one. Alderman Schaper agreed with Alderman Bassett regarding the McDermott,_ wii :& Emery lavi`firm. They have too much history in this case,. including a - historyin participating in some -of the possibly bad advice received`'by the City in the past. Alderman Schaper also stated that the time issue is critical and because John Lisle has themost familiarity regarding this case; this would be an advantage.'` Schaper expressed his opinion that Mr.,Lisle feels a debt to -the City of Fayetteville; • The evaluation forms were completed and passed to City Attorney Rose for tabulation. August 15, 1995 • 4 .1 0 OLD BUSINESS 335 Mayor Hanna introduced consideration of items that have been brought before the Council but which were tabled or on which no decision was made to allow further information to be presented. A. REZONING R95-15, R95-16 & R95-17: Ordinances rezoning property located north of Joyce Blvd. and east of Highway 71 B as requested by Jim Lindsey and Southwestern Energy Corporation. Mayor Hanna introduced consideration of the three ordinances rezoning property located north of Joyce Blvd. and east of Highway 71 B as requested by Jim Lindsey and the Southwestern Energy Corporation. All three of these ordinances were tabled at the August 1 Council meeting and are on their third reading. Mayor Hanna stated that new information was given to the Council members at the special meeting last night. Planning Director Alett Little stated that Kirk Elsass deserves the credit for getting the new packet of information together and to the Council members. Little stated that correction needs to be made on the cover sheet of the packet distributed. The property which is now being withdrawn from rezoning consideration is R95-16. Little reviewed some correction with regard to acreage. R95-15 is comprised of 10.75 acres according to the legal description and R95-17 is comprised of 7.3 acres. Little stated that while the Council was meeting last night, the Parks Board was also meeting and an alternate proposal was presented to them regarding the trail. Alderman Young explained that his employer is presenting this agenda item and that he would not participate in the discussion and he would abstain from the vote. Kirk Elsass stated, to correct the record, that he is a real estate broker, not an engineer as has been reported in some newspapers. Elsass expressed his appreciation to the Butterfield Trail residents and everyone else who spent time working with him and Lindsey & Associates on the rezoning requests. 336 August 154 1995 Elsass presented some alternatives to the original proposal :made to. the Council. _Be stated because of the -neighborhood's concern with the density _of the project,the'request to.•rezone 5.3 .acres will be Withdrawn. -This-will. allow additional buffer.for..he= residents.of Butterfield -.Trail. The'remaining requests are R95- 15, C-1 to C=2 and R95-i71''':R-o to .C-2.: Elsass also statedthat.in the.packet..given to•the -aldermen, the petitioners have included a:fill of. Assurance restricting the building of retail%commercial to 350,000 square feet. The petitioners had offered to give -19.09 -acres plus an additionali'6.acres to the City. After meeting with the Parks Board and sensing their concerns.about maintenance of .this property., the petitioners offered a separate proposal to the Parks'Board last night. This -proposal,: voted on and approved by the Parks Board at last night's meeting, is to dedicate to the City approximately 19 acres:of creek area -and an additional 10 feet on the north side of this creek from Butterfield Trail to Frontage Road. There will also be an additional 10 feet going north and south along the -creek,. a. Jim Lindsey is offering. to .pave a walkway or -trail of .8 feet going the extent of the creek area from Butterfield Trail to Frontage:Rd. .,He will,' also build a bridge that will cross that ditch at the same time.- He will do. this now: or at: any-time•the-- .'Citrrequires it to.be:done: Elsass.stated they had promised the Butterfield Trail residents they`:would do some tree screening along the 2.00 foot area of the R-0 property located -between -Vantage Road -and the medical park. Mr Lindsey also offered to.`build.a.connecting sidewalk to go from the new bank being built next to Butterfield Trail all ' the way to.Lindsey offices., Alderman -Parker asked for. clarification regarding the length of the Mr. Elsass explained that the trail will extend from Butterfield property all the"way to near the Frontage Road/Front St. bridge.. .They will survey the property and have a legal - - descriptionput together for the 10 feet along the creek on the north side .and 10 feet east-of`the ditch. - • Mayor Hanna opened the discussion regarding the rezonings to -the public: Mary Burton stated she represented the Butterfield Trail Village Residents- Association, which includes all residents at Butterfield.Trail Village' Retirement Community. The.council of this association consists. of four elected officers and eight elected representatives of the various residential areas in the 337 August 15, 1995 complex. 'Ms. Burton stated as the current president of the council, she was asked to the convey the following message to the City Council: In consideration of the commitment made by Mr. Lindsey to the residents on August 11 to retain the R-0 zoning of a 5.3 acre plot extending from the proposed Vantage Rd., west to the ravine and north of Joyce Street and designated in the rezoning request as R95-16, the residents association is withdrawing its objection to the other rezoning requests. Ms. Burton stated that the residents are still concerned about the number of curb cuts in this and future developments on Joyce Street and will continue to be monitoring all relevant large scale development plans. Tom Mead, a resident of Brookhollow Subdivision, reminded the Council that he had presented to the Council a petition from the residents of the subdivision signed by 73 individuals stating that if the proposed connection of their subdivision to the new commercial development being proposed was terminated, the residents would withdraw their objection to the proposed rezonings. Mr. Mead stated the residents appreciated the support of several aldermen in stating they would oppose any such connection, but they still feel they are short of an actual assurance that this will not happen. Lois Imhoff, a resident of Butterfield Trail Village, stated that she concurs with Ms. Burton's earlier statements. She stated she understood, from comments made by Mr. Lindsey at the last meeting with the Butterfield Trail residents, that the residents would get a written Bill of Assurance stating that with any future sale of the 5.3 acres of R -O property being left as a buffer, the property would remain R -O and that any future owner would not request a rezoning. Ms. Imhoff pointed out that much of the property being discussed and the property surrounding it is actually in the Springdale School District and much of the tax money coming from these retail developments will go to support the Springdale School District. There being no further comment from the audience, Mayor Hanna closed the public hearing and turned the discussion back to the Council. Alderman Daniel asked the petitioners to address Ms. Imhoff's concerns regarding the Bill of Assurance. 338 August 15,. 1995 • x Mr.`Jim-Lindsey clarified. -that he has stated:and.will continue to assure the Butterfield Trail` residents that as long as he retains the R-0 property under discussion, he will never.•attempt to bring any type of zoning.change.to that property. He stated that if someone wants..to.buy the property in the future for commercial purposes•, he would bring this to the:Butterfield Trail Village group,and ask for theirapprpval. Only if they approved the sale for that purpose And that purpose alone, would he then come to the Council with a rezoning request.` Mr. Lindsey again assured the Butterfield Trail residents that he would never seek to rezone this property to commercial without the 100% approval of Butterfield Trail Village. He offered to put this in writing. He stated that this is the assurance he thought he was making at the.meeting with Butterfield Trail residents.. In. response to a. question from Alderman Daniel, Mr. Lindsey stated that -when referring to himself, he is also referring to the Lindsey Trust. Alderman Parker stated that he was at the meeting between Butterfield -Trail residents and Mr. Lindsey and as he recalled it,' Mr. Lindsey hah made;exactlythe•assurances-to the residents that he just stated. Alderman Parker stated;he :did.remember Ms-imhof•f voicing=:her- concerns at the time of the meeting and hehad stated that he felt any chances of getting that area rezoned from -R -O -after all the events leading up tothis current -proposal would meet with • instant disapproval, at least from the current Council. Mr-. Lindsey stated that he• is willing toput into writing that -in his time of .possession of this property, he will never seek'to rezone the property without the full/consent of the Butterfield Trail residents. . Ms. Imhoff questioned what assurance the residents would have of keeping the zoning RO if Mr. Lindsey sells the property.!= k. Mr. Lindsey stated that; as he had assured the residents before, in the event a future owner sought to rezone the property:as commercial, he would come before the Council himself•to-speak for the residents of Butterfield Trail. He did not think there was any legal means of providing a Bill of Assurance that would run past his ownership of the,property into the future-. An audience member stated that Mr.. Lindsey had used the word "guarantee" in making his statements to the•residents that he would not let the proper•tyge to .someone who would want to put something on the property that would not meet with the residents' approval. VI 339 August 15, 1995 Mr. Lindsey stated that there are certain kinds of commercial uses that an R -O zoned property can be put to under conditional use. Although he does not feel there is any way he can make any kind of legally binding assurance that will prevent a future owner of the property from requesting rezoning, Mr. Lindsey again assured the residents that if any such request is made and the residents oppose this rezoning, he will stand by the residents in that opposition and will do whatever is in his power to oppose that rezoning. Mr. Lindsey again stated that he is making two guarantees to the residents of Butterfield Trail Village. He will never seek to rezone this property without the input and approval of the residents of Butterfield Trail Village and, if someone else possesses the property in the future and requests a rezoning to which the residents are opposed, Mr. Lindsey will join with the residents in their opposition. He also stated that anyone interested in buying the property from him will be made fully aware of his opposition to any commercial use of the property. Mayor Hanna stated that he does not believe there is any way to pass any ordinances or zonings in perpetuity. The residents have received all the assurances at this point that they can be legally given. Alderman Williams asked for clarification regarding Mr. Lindsey's initial proposal versus the current proposal. In the initial proposal there was a walkway area from Joyce Street down to the creek. In the current proposal there is no such walkway. He asked if this walkway was to be included in the current proposal. Kirk Elsass stated that the proposed walkway was to be 10 feet to the east side of that ditch, connecting from the sidewalk to the trail. Alderman Williams stated his concern about whether the currently proposed area to be given to the City was adequate for screening of trees over the trail. Mr. Elsass stated there will be 10 feet of space. The Parks Board called Mr. Elsass this morning and requested 8 foot wide trails. The reason for the change from the previous proposal was because of the concerns of the Parks Board regarding maintenance problems. The Parks Board indicated to Mr. Elsass that this would be a connecting route for a trail on that side of town and not a park. Alderman Williams congratulated the petitioners on the many changes they have made in their initial proposals for these rezonings. However, he would hate to see a trail going across an open area with development on both sides and no trees or screening. August 15, .1995 Alderman Williams stated he does like the petitoners4-concept• but is a little concerned about this current trail proposal. 'He stated he does appreciate all Mr. Elsass and Mr. Lindsey have - offered and have doneto address the'many -concerns regarding this proposed rezoning. He statedhe thought there should be some space left for trees along the walkway. Kirk Elsass stated that there areadditionalpieces of property there that the City owns at this time but the information must be gathered together in order to match up the 10. feet being offered. • Alett Little stated-that.the call Mr. Elsass received this morning came from her staff and was the result of a meeting.-<, between the:Chair of: the Parks Board, the Assistant PublicWorks' Director and herself. Theithree had met.: in order to -make` a'"clear presentation to the Council regarding this offer.. They agreed to - request . 8 feet as a proper.. width forthetrail at that time.-. ' Each of the parcels remaining on the south side of Joyce St. will have to go through the large scale development process so not all of the details of land and landscaping.have<t6 be worked out at .- this .time. She stated there is a process in placefor the City to look at those developments and make those decisions and she would like to see more of those decisions left to be made-atthe proper time: "!r In responsetto a question from Alderman Williams,.Mr. Elsass•LI again,stated that there is more property there than the ten feet being. given by Mr: Lindsey tobe used for -the trail. Alderman Daniel wished to thank Kirk•Eisass and Mr. Lindsey for volunteering to put in the trail. • Alett Little stated .that this :was the :proposal before the Council as a part of the rezoning, The decision as to where the streets go and what-connections';are made are normally made by the Planning Commission., There may be some valid reasons for changing the location of that street as they get into the development phase: Alderman -Hill thanked Mr.-Elsass for trying to tie up all the loose ends.. Regarding Item D on the proposal before the Council, he stated,.that he understood Mrn..Elsass tosay they were going to plant trees along the east: side of the -200 foot strip in the R -O zonedarea Mr. Elsass,.stated it would actually be on the south side of the R-0 property from the east to west along the Joyce St. frontage. 341 August 15, 1995 Alderman Parker stated that two groups of folks in the immediate area of the proposed Sterns/Vantage connection were organized for the purpose of making their concerns known to the Council and he expressed thanks to these two groups for their comments. Alderman Parker asked Ms. Little if she had a recommendation to pass on to the Planning Commission regarding this issue. Alett Little stated that at this point all they have done is talk in concept. There is no recommendation at this time. She will have to get more specific development plans from the petitioner and put that in light of the adopted Master Street Plan and try to reconcile those two plans before a recommendation can be made to the Planning Commission. In response to a question from Alderman Williams, Ms. Little agreed that the Master Street Plan does show Sterns as going through. This has been a long standing plan of the City. Alderman Parker urged the Council and Ms. Little to keep in mind that when the residents of Sterns organized and came to the Council with their concerns, quite a number of Councilmen gave their assurance to the residents that they saw the reasoning behind the request to not connect up this neighborhood with the commercial development. Because of the assurances given by these Council members, these residents have stopped coming in large numbers to voice their opposition to the rezonings. He hoped that the Council members will not forget the assurances they made. Alderman Parker stated the residents of Butterfield Trail Village also had voiced their objections to the rezonings. At one meeting they had voted 65 to 0 to oppose the rezonings. After Mr. Lindsey listened to and acted upon their concerns, 33 residents voted to drop the objection to the rezoning; and five who still opposed, opposed only the portion that was R -O. On Monday, the Residential Council had a unanimous vote to not oppose the rezoning. Alderman Parker expressed appreciation to Mr. Elsass and Mr. Lindsey for working with the residents and overcoming their objections to the proposed rezonings. Alderman Parker also supported Alderman Williams' request that there be some way found to put trees along the trail so there is not just a trail running between two commercial developments. Alderman Daniel agreed with all that Alderman Parker said. She wished to congratulate the residents of Butterfield Trail for taking a stand and making an impact. In a response to a question from Alderman Schaper, Mr. Elsass stated that there is approximately 29.5 acres left of the C-2 property south of Joyce when the part being donated to the City is subtracted. 342 August 15, 1995 Mayor Hanna.•stated that these rezonings had.been left=on-the -. table.at the last meeting; -The proposed -rezoning -of R95-16 is now being withdrawn from consideration, leaving,R95=15 and R95-17 to be votedon. City Attorney Rose stated that the rezonings had been tabled until the time certain•.and they are now automatically off the table. City .Attorney Rose .stated R9.5-15 and R95-17 arson their third readingand are ready for a vote of the Council. Alderman .Schaper stated his reason for still objecting to the proposed rezonings. Though there has been a lot of give and take on this issueu he still feels the City is having a very high development intensity along this -portion of Joyce Street. There is 350.,000 sq. ft. of intensity on the approximately 34 acres on the north side; a potential .ofat.least 200,000 to 300,000 sq. ft. on 30 acres of land on`the south side.. This is very high development intensity fora'fbut lane street. and this still concerns him. He feels thatat;some point in.the future there will be -a need to widen Joyce and do more:improvements to handle .the intensity of traffic." Alderman Schaper stated.that even though there has.been a lot of give.and-take and ha -and Mr.. Elsass have'had a lot of honest-. , discussions regardhing-the issue., he feels he has tovote against the rezonings. He-does.not feel the rezonings of the area are in the long term best interestsof the City. Alderman Williams responded to Alderman Schaper.and expressed his opinionthat this development is_a good thing for Fayetteville. He stated that the City has been working on a draft of the 2020• Plan for Fayetteville's future.. Several principles -and - guidelines are being discussed regarding regional and commercial areas in the City which he hopes are=:going to -be adopted. Under "Guiding Policies". it is stated that we need to provide enough retail business and service space to enable Fayetteville to realize its full potential as a regional market. It is also stated that we should- ensure. that service transportation networks serving the regional' commercial area meet the acceptable levels of service and also that.large commercial sites be designed and). landscaped in a manner that preservesthe aesthetic character of their surroundings. Under "Implementation Strategies", the first strategy. is to direct new regional development into designated regional commercial centers. 343 August 15, 1995, iri!6' Alderman Williams stated this proposed development will meet all these principles and guidelines. He hopes that other developers of large commercial areas will look at all that has been done by Mr. Lindsey regarding open space and trails and will use it as an example and will also listen to the valid concerns of residents in the area as Mr. Lindsey has done. Alderman Schaper stated that he does not disagree with Alderman Williams and he is not advocating that any other council member change their position on this issue. He merely states that he does feel that within a few years the City will be faced with doing more improvements on Joyce Street and again playing catch- up. Alderman Parker stated that he hopes to avoid staying with the mindset of having all the regional commercial development in one place and all the residential in another. This only condemns the City to a traffic nightmare. He hopes that some residential development of some type will be possible near these large commercial establishments so people can live near where they work. Alderman Bassett agreed with Alderman Williams' statements and he also appreciates the fact that Mr. Elsass and Mr. Lindsey were able to work with the residents of Butterfield Trail and come up with a solution. Alderman Bassett assured Mr. Mead that, as one of the aldermen who had stated that he would be opposed to Stern St. being connected up to Vantage Square, he will oppose this connection as long as he is on the Council. Alderman Miller thought it was wonderful that everyone had been able to work through this issue and come up with a mutually agreeable compromise. He is also very happy about the proposed trail along Mud Creek. Alderman Miller also expressed his opposition to link such a quiet neighborhood as Mr. Mead's with one of the largest commercial areas in N.W. Arkansas and as long as he is on the Council, and beyond that time, he will oppose this connection. Alderman Hill also congratulated all the parties involved in this compromise. He expressed his feelings that it is very important to put an end to the "shell game" between the developers, the Council and the Planning Commission. The developers should know what is needed and make a commitment to have everything in order. In order for this to happen, the Council will have to make a commitment to make clear what is required and let the staff and the Planning Commission do their part. • 344 August 1.51. 1995 Mayor Hanna. thanked everyone for theirparticipation-:and for a.,vote *on :R95-15 Upon roll call, the ordinance passed with a vote Schaper voting no and Young.abstaining. called of 6 to 1, with ORDINANCE 3914 APPEARS ON PAGE OF ORDINANCE BOOK Mayor Manua called for a vote on -R95-17. Upon _toll call, the.ordinance passed. with. a vote of 6 to 1, with Schaper voting no and Young abstaining. ORDINANCE 3915 APPEARS ON PAGE OF ORDINANCE BOOK INCINERATOR...LAW._EIRM..SELECT.ION-CONT'.'D Mayor Hanna asked City Attorney Rose for the. results of the vote of the Council -regarding a law firm -to represent the City in the third party litigation in the incinerator lawsuit. City Attorney Rose stated that thefirst ranked law firm is the Patton Law Office with:five--first place votes. The second ranked law firm 40 the. Lisle Law Firm, and the McDermott, WilI & Emery firm ranked third City Attorney Rose explained that with the recommendation from the Council, he would proceed to negotiate:a contract with the Patton Law Office for the City's representation on the third party litigation in the incinerator -lawsuit:: B. REZONING R95 -19,:R95-20 & R95-21:Ordinances rezoning property located south of,l9th Street and east of S." School-� Avenue as requested. -by Bryan Walker III, and-Don"England.x Mayor Hanna introduced consideration of ordinances rezoning property located south.of 19th Street and east of S. School #.4 Avenue as requested by Bryan-Walker,-IIi,. and -Don England. Mayor -Hanna stated that these ordinances were left on the first! reading:. City Attorney Rose read the ordinancefor rezoning R95=19•for the second time. . City Attorney Rose read the ordinancefor rezoning R95-20 for the second time. City Attorney Rose read the ordinancefor rezoning R95-21 for the second time. 345 August 15, 1995 Ron Woodruff, an attorney acting for Don England, Sr., who is the proposed developer of this project, stated that the first two requests had received an 8 to 1 vote from the Planning Commission and the third request received a unanimous vote from the Planning Commission. Ron Woodruff also stated that they had received no negative comments from the public regarding these requests for rezoning but had received some positive comments. Mayor Hanna opened the floor to the audience for any comments. John Carey, who lives in the area of the proposed rezonings, stated that he had spoken to the owner of Ozark Steel this afternoon who stated he had some reservations about what would be going into this area. Mr. Carey stated that he was unsure what was going in here but understood it was low income housing. Ron Woodruff explained the proposal is for commercial development in the front portion of the area with affordable housing development across the back. He stated that low income housing was not being considered and would not be feasible from a financial standpoint. In response to a question from Mr. Carey regarding how many houses are proposed per acre and the lot size, Mr. Woodruff stated that there had been a plan at one point, but nothing has yet been approved. He stated that in the middle section of about 27 acres the original plan had included 127 lots. Due to park requirements, etc., this would now probably be closer to 110 lots at this point. Alett Little explained to Mr. Carey that this will go through the public hearing process at the Planning Commission level and if Mr. Carey's property does not touch any of the property being rezoned, he can let Ms. Little's office know and they will send him a notification of these meetings. Mr. Carey expressed his concern about police and fire protection for thearea with new development and inadequate through streets. Mayor Hanna stated that this is all preliminary at this point. When large scale developments come through, they will be discussed before the Planning Commission and all adjoining property owners will be notified by letter. The meeting will also be advertised in the paper. However, when these are done the Council has requested that 19th St. be extended eventually to Morningside Drive. This will be done as other land is developed. There being no further comments from the audience, Mayor Hanna turned discussion of these rezoning requests back to the Council. 396 August 151 1995 Alderman -Williams.. stated he felt this' was a good project:and there seems:.to_be na_ substantial objection to it. - Williams_; seconded by Hill, moved to suspend -the rules and move the ordinances to their third and final reading. Alderman Parker asked. Ms. tittle to review the staff . recommendations regarding these rezoning requests. fHed:understood that the staff had recommended that R95-19 be denied and'that " R95-21 be approved at R1.5. He asked for the staff recommendation. on'R9,5-20.. Ms.',Little stated that the staff had presented a dual recommendatlonnof either F2 or R1.5. 'She stated -that thet.general feeling Of 'the staff was that the request for:the rezoning:was _s made.to:provide .affordable, .single family housing and single family housing and duplexes. can be accommodated .in 111.5 -zoning. The staff made the Planning Commission aware that the stated purpose of the .rezonings•,could be achieved with R1.5 zoning. The Planning Commission chose to recommend R2 for the central 27 acres-:and.R1.5 for theeasternmostportion. Upon roll call., this motion passed on a vote of 8 to 0. City Attorney Rose read the.ordinance -for rezoning R95-19 for the third and final time. City Attorney Rose read the ordinance for rezoning R95-20 for the thirdand final time. city Attorney Rose readthe ordinance f.or rezoning R95-2,1 for the third and final time. Alderman Williams asked if it was correct that the Planning Commission had approved these requests 9=`0, 8-1 and 8-1. Alett Little agreed that this Wascorrect: She then reviewed the ordinancesand the recommendations of the. Planning Commission for the Council members # 4H. .Alderman Miller stated that the City had been asking for 1affordablehousing in Fayetteville. There has. been support for ,.developers to infill; into:areas of the City•wherednfrastructure already exists and for developers to incorporate neighborhood/commercial into their developments. --This request - meets all these criteria.'On the 'south side`of Fayetteville there is. a; great need for affordable housing. He is glad to see this _.proposal and supports- this' requested rezoning. Alderman Williams agreed with Alderman: Hiller.1 • din 347 August 15, 1995 Alderman Schaper agreed with these statements and would love to see this kind of development in this area. He stated his only concern here was the need for mixed income neighborhoods, which is very difficult for developers. He expressed hope that when large scale development is done on this, the developer can be encouraged to add a least some variety in the lot sizes, leading possibly to variety in the price of the houses built there. Alderman Daniel agreed with Alderman Schaper. Alderman Bassett stated he would lean in support of this rezoning because of the support of the aldermen familiar with this ward. He stated he was concerned about grouping of large developments of affordable housing in one area and large groupings of commercial at the other end of town. Mayor Hanna stated that the character of the land to would lend itself to houses of different sizes being expressed that he was pleased to see this area begin developed. be developed built. He to be Alderman Williams pointed out that the Planning Commission looked at this and what they are recommending to the Council is not what the developer recommended, but it is also not what the staff recommended. He felt the Planning Commission used their own independent judgement to make these recommendations to forward to the Council and their diligence is to be commended. Mayor Hanna called for a vote on R95-19. Upon roll call, the ordinance passed on a vote of 8 to 0. ORDINANCE 3916 APPEARS ON PAGE OF ORDINANCE BOOK Mayor Hanna called for a vote on R95-20. Upon roll call, the ordinance passed on a vote of 8 to 0. 3917 ORDINANCE 39*& APPEARS ON PAGE OF ORDINANCE BOOK Mayor Hanna called for a vote on R95-21. Upon roll call, the ordinance passed on a vote of 8 to 0. 301118 ORDINANCE 391+ APPEARS ON PAGE OF ORDINANCE BOOK CONSENT AGENDA 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:" 348 August 15,. 1995. Minutes of the August 1. regular. City .'Council�Meeting =' B. A• resolution -accepting Bid 95-44 and awarding a contract to Time Striping, Inc. in the amount of $59,800 for street pavement.. markings.., RESOLUTION .105-.95 AS RECORDED IN THE CITY CLERK'S OFFICE. C. A resolution accepting Bid 95-47 and.awarding a contract to Mobley Contractors,' Inc. in the amount of, $39,760 for the installationofhandicap curb ramps. RESOLUTION 106-95 AS -RECORDED IN THE CITY. CLERK'S. OFFICE. D : A resolution, approving a budget adjustment increasing the funding for settlement claims made against.the City's liability policy. RESOLUTION 107.-95 AS RECORDED IN THE. CITY CLERK'S OFFICE. E : A resolution approving a budget adjustment and awarding a 3 construction_ contract with ,Jerry D. Sweetser,Inca in the amount of $40.,482 plus a -contingency of $2,000 for the Wilson ParkAA'sphalt:Trail. RESOLUTION 108-95 AS RECORDED IN THE. CITY CLERK'S OFFICE. A resolution approving a budget .adjustment and awarding a construction contract with Building .& Utility Contractors, Inc. in the amount of $,349,600.plus a contingency of $17,500 for,the 24" Water Line Replacement..Project--on :6th 'St.°z • RESOLUTION -:109-95 AS RECORDED IN THE CITY CLERK'S OFFICE. G . A resolution approving a constructioncontract with. Red Deer, Inc: in the amount -of $56.,7.47 plus.a contingency of $3,000 for Lewis Street Soccer Complex Fields #3-&, #4. - RESOLUTION -•110 -95 -'AS RECORDED IN THE CITY CLERK':S OFFICE.' H . A resolution -approving -a change order to a contract with • Johnson Mechanical for installation -of the vehicle exhaust system, -makeup air'systemand ventilation -.system. -at the - ^J Shop/Maintenance Facility -and approving a budget adjustment for these improvements -and installation of a sprinkler' system: RESOLUTION'. 111-9.5 AS RECORDED IN THE CITY CLERK'S OFFICE. Schaper, seconded by Miner, made a motion.. to approve thei-Consent Agenda. Upon roll calliTthe-motion passed on a.vote of 8 to 0. 349 August 15, 1995 TERMINAL EXPANSION WORK ORDER Mayor Hanna introduced consideration of a resolution approving Work Order #4 with Wittenberg, Delony and Davidson for architectural services for Phase II of the Terminal Expansion Project and a budget adjustment. Alderman Williams stated that this was probably the last expansion that will need to be done on the terminal for the near future and he feels it is well needed. He understands that this will be money generated out of the airport and will not come out of general funds. In response to a question from Alderman Williams, Dale Frederick stated that they are hopeful they will be able to recoup this cost through the Passenger Facility Charge. That program is in the process of going through all the different clearinghouses and may become a reality sometime in November for implementation in January, 1996. In response to a second question from Alderman Williams, Mr. Frederick stated that they are hopeful they will be able to complete this project this year before the cold season. He also stated that this project will provide more restrooms in the terminal building and will better accommodate tenants. Mr. Frederick stated that the architect for this project has identified a need for a third phase expansion in his overall study of the needs for the next five years. This need is probably about 12 to 18 months down the line. In response to a question from Alderman Williams, Mr. Frederick explained that this phase would include closing -in the two areas from the north gates to the south gates. Alderman Parker asked if each of these phases stands on its own. He stated that he had heard the proposed $3 tax criticized by people who said it would increase expenses here and makeit more difficult to compete with the regional airport. If this was the case it could be eliminated at any time Mr. Frederick stated that the Passenger Facility Charge is only a three year program and it is earmarked for the project now being proposed. Once the three years are past, it will take a whole new project to come back in front of the Council to extend the program. Alderman Williams stated a nice, attractive and comfortable terminal is needed to compete. • 350 August 15, 1995 Alderman Parker stated that.,having been a, commuter`.pilotj' rhe- appreciated the airport's efforts to keep the 'terminal.up to high standards and make it a very attractive part of Fayetteville. • Alderman Miller stated he had just had the -opportunity to fly in and out of ;Drake Field in the last two weeks and the terminal looks very good. He asked that they consider doing something to shade the area: coming off the planes. Mr. Mike Tramill asked about accessibility improvements at the terminal. Mr. Frederick stated -that the terminal complies with all the ADA mandates and even goes above and -beyond these. Mr. Tramill stated that he would go out to the terminal to inspect it and Mr. Frederick stated they would look forward to this. In response to a question from Alderman Schaper, Mr, Frederick stated that the new restrooins will.be ADA approved and wheel chair accessible. Williams, approved. seconded by Miller, moved that the resolution be Upon roll call, the motion passed on a vote of 8 to 0. RESOLUTION 112-95 AS RECORDED IN THE CITY CLERK'S OFFICE. Mayor Hanna. announced a. five minute recess. BID WAIVER { Mayor Hanna introduced consideration of an lordinanCe approving a bid waiver to waive competitive bidding for insurance. City Attorney Rose teed the ordinence for the first time.* Alderman Williams stated thet he; Mr, Rose and Alderman Odom met' last year and looked at:eeiecting an 4hpurance'company,:They finally decided the bestAhing for 'tile City would be to .gb With a advise the City regardinq A policy. ve Williams, With A secondfrom Daniel, moved to suspend.thAtules. City Attorney Rose read the ordinance for the second time. Bassett, With a SecOnd froM Miller, moved to suspend the rules and moVe the Ordinance to the -third and'final reading. Upon roll 351 August 15, 1995 +erk: City Attorney Rose read the ordinance for the third and final time. Mayor Hanna called for a vote on this ordinance. Upon roll call, the ordinance passed on a vote of 8 to 0. ORDINANCE 3919 APPEARS ON PAGE OF ORDINANCE BOOK NOISE ORDINANCE Mayor Hanna introduced consideration of an ordinance amending Chapter 96 of the Fayetteville Code of Ordinances to provide for maximum noise levels within use districts; and to provide that noise levels be measured at any point on the boundary of the property from which the sound or noise is emanating. City Attorney Rose read the ordinance for the first time. Alderman Daniel explained that this proposed ordinance is a compromise. Though she is on the Noise Ordinance Committee; this proposed ordinance is not what the Committee recommended. She did agree that the noise should be measured from the establishment but feels this proposal is more practical. Her concern was that the old ordinance is awkward, complicated and not enforceable. She has tried to streamline this and has reduced the decibel levels considerably. Alderman Daniel stated that she based this proposal mainly on going out with a patrolman with the noise meter several times and reading the decibel levels from source of complaints and from the establishment boundaries. She stated she had received very little input. However, she was told by one person that the decibel level is too low for commercial zones; and several persons have told her that the decibel level for residential areas is too high. Alderman Miller said he had been stating for quite some time that the sound should be measured at the property line because when it comes off your property, you are responsible for it. He stated that he was very pleased that Alderman Daniel had taken that direction with her proposal. Regarding decibel levels, he did not feel any levels would please everyone but he does feel that measuring from the property line will take much of the ambiguity out of the measurement. Alderman Miller did question whether the noise levels coming from cars might also be measured with these guidelines, with the outside of the car being the boundary line. Alderman Bassett stated that Alderman Schaper at one time had proposed something separate for automobiles. 352 -August 15, 1995 City:Attorney,Rose recommended that the°Councilcome••up with something different for automobile noise. Alderman Miller stated that he does support -Alderman Daniel's -_efforts.and will support this ordinance.• Alderman --Hill stated he will support,- Alderman Daniel in this proposal... -.Re stated -he would like tooffer an amendment to the ordinance:. consisting of a change of maximum decibel levels for residentially zoned areas from 12:-00 a.m. to 7:00a.m..• to 55 dBA and of.maximum decibel levels for commercially -:zoned areas, from 12:00•a.m..to 7:00 a;.-m.'to 60 dBA seven days. a week. ,. l Hill., seconded by Miller, made amotion to`amend the proposed ordinance as stated above. There, was a brief discussion regarding this proposed amendment. Alderman Williams stated that.he agreed with Alderman Hill that there should be some difference in allowed decibel levels :between nighttime:hours and daytimeThours'. He stated he does have a problem with this particular ordinance: He stated that mowing a lawn would be in violation -of this ordinancesbecause of the level of noise. -generated while you are.mooiing close to your neighbor's property, Alderman Williams stated.that the problems in Fayetteville have been generated`by amplified music, not general noise. He feels that problem should be dealt with. directly and not create a general: noise ordinance.' • Alderman Miller stated that have' to make a complaint to feel this will happen: if Teti mow your lawn, someone will get the police there and he'doesnot Alderman Parker agreed with:Alderman Williams. that there is^a'big difference between amplified music forentertainmentand+`• ) industrial noise,'or..even the airport.noise. -Noise:coming froth° the airplanes -cannot be modified without` seriously -affecting safety:.. Alderman Parker stated he Would agree withthe change proposed by Alderman Hill and also•suggested -slight:changes could be made to apply this to amplified music or sounds.• He feels>there should' be some discrimination between amplified musicand industrial= - sounds that in most cases cannot.be changed; • Alderman', Miller stated .he.does not see this as an anti -music ordinance. He stated he would not support just going after amplified music because:there:are .a lot of other noises out there that don't need to be happening. • • • 353 • f•Ai August 15, 1995 Alderman Young clarified through City Attorney Rose that this ordinance does not specify amplified music but includes any sound. Alderman Young suggested that before any vote is taken on this amendment or the original ordinance, all aldermen should be aware of exactly what is being discussed and what the consequences are. He does not believe the Council fully understands the decibel levels and where it is being measured. Some complaints in the past involved construction projects next to houses. If the amended version of this ordinance goes through, he predicts people will be upset and calling police officers constantly, resulting in the shut down of every construction project in Fayetteville as well as many other activities in town. Alderman Williams stated that attention should be directed at a small and identifiable problem rather than using such a broad brush. He is concerned that the low decibel levels of this ordinance will cause problems. Alderman Hill agrees but looks at it from a little different perspective. He feels they can attack the problem with hour limits suggested. Alderman Williams stated that it does not matter which hours the limits are attached to, the noise levels being proposed can never be met. Alderman Parker stated that a bull dozer used on a specific property would exceed these noise levels. Alderman Young felt that the people affected by this noise ordinance may very well retaliate by reporting every infraction of the noise ordinance to the police. Alderman Parker felt this was a very good point. Alderman Young stressed that it is not the limiting of noise levels, but the unreasonably low decibel levels that he is concerned about. There is a big difference between reading the levels at the source rather than at the complaint. Alderman Bassett agreed that there was a substantial difference. He is concerned that the Council is dealing with a very narrowly defined problem and the proposed solution is going to affect noise across the board. He stated he would prefer to attack the real problem, which is outdoor amplified music. He stated he appreciates the work done by Alderman Daniel on this ordinance because something needed to be done to get things going. • • ! 354 August 15, 1995 Alderman:Bassett stated that his concern:with this proposal; since•it.is.going to'be measured at the source; the:proposed+is that thedecibel level is dust toe low. He wishedtito'make.rit clear that the decibel levels need to be low but at the same time hedoes- not.want to make them solow that outdoor music 1 '. effectively prohibited. Alderman.Basset asked if Mr.. Lawrencewould like to share with F the Council the .measurements he has madewhich might -enlighten the aldermen somewhat. Mr. Lawrence,. who lives on W. -.Lafayette. near Dickson Street, stated he had been ...in.Fayetteville all.summer andhas been following.this issue very.closely. When he has measured the level of.noise in his house and it has reached 60 to 65 decibels, it is like. having a radio on in the room..: He -has been measuring also at Georges on:the.nghts when the noise • is too loud and he has consistently been getting readings'of 80 and up: He stated that 80 dBA at Georges, which is zoned commercial, is too loud at his house. He -ieei-s that -a decibel level- of 70 seems to work. Mr. Lawrence stated that he.has been led to believe by iothers in the area that they are getting very much the same results, agreeing that 80 dBA is too loud at thesource. • i Mayor Hanna asked if there was any further comment from. the audience. Alderman.Schaper said that in changing from measuring noise levels at the complaint to measuring,at:the source; it is:of course necessary to .increase the sound levels. The problem arises when the property line is.common•between the source and Someone who is trying.to sleep. For.example, if someone's: next door neighbor is playing music so that at your common property line the dBA level is 65, -it is too loud. If Georges is -playing at 65 dBA=and you live a -few blocks away; it might -be -fine. Alderman ;Schaper noted that the Ft. Lauderdale ordinance., on which this..ordinance is modeled, the dBA levels are lower than those presented here.. Ft: Lauderdale also has some specific prohibitions. such as prohibiting the use or operation of radios, television sets, exterior loud speakers and similar devices in such a manner as to disturb the peace, quiet and comfort of the, neighborhood and vicinity thereof between the hours of 7 p.m. and 8 a.m.insuch.a manner -as to be plainly audible across property boundaries or through part•itiens.cbmmon to two parties within a building: 355 August 15, 1995 Alderman Schaper feels that in addition to general noise levels, the Council needs to consider specifics of what can and cannot be done. He also suggested the possibility of an either/or measurement where it can either be measured at the source or at the complainant. He feels there is a difference in the problems of the next door neighbor versus the person who lives three blocks away from the source of the noise. Alderman Williams agreed that this is a real problem and that is why the original ordinance would have measured at the site of the complaint because that is the person to be protected. Though it is easier to measure at the source of the noise, he still feels it is important to design an ordinance to protect the person trying to get some rest. Alderman Miller asked that the aldermen realize that the police are not going to go around property lines to measure decibels unless there is a complaint. In response to a question from Alderman Hill, City Attorney Rose stated that one ordinance presented to the Council seeks to limit or prohibit amplified music within certain hour limits and that would be his recommendation. In response to a question from Alderman Williams, City Attorney Rose stated that the ordinance he is speaking of is based on the Austin, Texas, model. Alderman Hill asked City Attorney Rose if he was recommending the decibel levels in this ordinance or simply recommending that the ordinance currently being proposed add limits specifically to amplified music. Alderman Williams stated he believed that ordinance had a specific provision on amplified music stating that if the music was plainly audible after a certain hour at about 150 feet from the property line it was a violation of the ordinance. There was a discussion regarding this particular ordinance and a copy was given to City Attorney Rose for review. Alderman Parker asked if it would be possible to take part of the above ordinance and put it in the currently proposed ordinance, inserting the portion that identifies the type of noise. Mr. Allen White spoke to the Council about the problem with measuring dBA levels at the complainant's end. They have been told many times that there is no way to adequately separate the noise of the cars, crickets, etc., from the amplified music at the site of the complaint. • August 15, 1995 • Regardingthe :dBA levels, Mr. White.stated he had no. -problem with people playing outside music as long..as it doesn't disturb. the neighbors. Some ordinance :is,needed that will al1os •a police officer, when.xnvestigating a complaint, to actually be able to do something about the problem.. He also feels there:should be an enforceable penalty for -violating that ordinance.. He suggested that if a fine is..Utilized; the owners:of"the.establishment as well as the.person(.$) causing the noise should be fined. Mayor Hanna stated that,there:isa motion and a .second before the Council at this time to amend the ,proposed ordinance. He feels that Alderman` Danielhas'gone-to a lot of trouble to draw up the proposed -ordinance and-he.does-not feel that it needs.to be rewritten at this -meeting. • Mayor Hanna. suggested •that.the issue be Left with Alderman Danielsproposed ordinance and allow each alderman to come back ,at a'future meeting withproposed amendments.to that ordinance. Alderman-Hill.withdrew his motion to amend Alderman Daniel's: piopbeed ordinance and .Alderman Miller withdrew his=second to that motion. Mayor"Hanna stated. that he does agreethat the proposed ordinance should.dealH with the problem being reported; which is the sound -- of amplified music: Alderman Daniel reminded Mayor Hanna that the old ordinance did not specify amplified music. Alderman Miller stated..that he has -heard reports'.of problems with mowing lawns: in- extremely early hours or.someone revvingthe engine of a car without a muffler for long periods'of time early in the morning...He stated'he cannot support an ordinance that simply deals with amplified music:and not the other noise'` disturbances. Mayor Hanna stated the policedepartment would have a very hard time running out to every complaint regarding a neighbor' starting his car up too early in the morning or mowing -his lawn`.too-early. Alderman. Schaper stated that the'Ft. Lauderdale ordinance specifically talks about -things: of this kind and sets•time- limitations... fl City Attorney.Rose .suggested that^the matter be.tabled and brought backup as. necessary for further discussion regarding" amendments. • Parker, seconded by Daniel, moved that the'proposed--ordinance.-be tabled. .Upon roll -call., -the motion .passed on a vote of 8'to 0. OTHER BUSINESS August 15, 1995 BID AWARD AND BUDGET ADJUSTMENT ON RAZORBACK ROAD PROJECT 357 Kevin Crosson explained that this is an approval of a contract with Basic Construction for water and sewer relocation for the Razorback Road Extension Project. He explained how the project is funded and the share to be paid by the City. There were two bidders on the project and the staff is recommending the low bidder which is Basic Construction. This is being brought before the Council tonight because the staff would like to get the project completed before the Highway Department begins construction in mid-October. In response to a question from Alderman Hill, Mr. Crosson explained the Council, in following this recommendation, will be approving acceptance of Federal Highway funds to relocate the water and sewer for this project and approving the City's contract with Basic Construction and the City's percentage of the project which is approximately $74,000. In response to a question from Alderman Hill, Kevin Crosson explained that the Council is getting this now because the staff has just finalized negotiations and thought it prudent to ask for approval at this meeting to enable the contractor to have as much time as possible to complete the project before the Highway Department begins its work in mid-October. Mayor Hanna stated that the object of this request is that the City has the responsibility of relocating these utilities. When the State Highway Department comes in with their. contractor, they will want to be able to go right to work. Alderman Hill asked for clarification regarding why the Council is just now seeing this as an "Other Business" item and has not seen it prior to this. Kevin Crossonstated that they were initially planning to bring this to the Council in September but decided to try to get it approved now in order to allow more time for the contractor. In response to a question from Alderman Hill, Mr. Crosson' explained that the second bidder was Building and Utility Contractors from Redfield, Arkansas. He stated that this bid was not in the packet given to the Council. Their bid was $45,000 higher than the low bidder. Alderman Schaper asked if this was for utility relocation for the extension of Razorback Rd. from Cato Springs to 6th St. Mr. Crosson agreed that this was the case. • 358 • August 15., 1995 In response to a question from Alderman Schaper, Mandy -Bunch stated that this road will he a five lane road from Cato Springs at the intersection.:with the. By -Pass running to 15th St. and will line up with -the existing. Razorback Rd, Alderman. Schaper stated that there had been a Corridor Study and for.several years it has been discussed that it would be -better to have. the City's entrance corridors made:morebeautiful with landscaped medians, etc. He Statedhewas very disappointed with the fact.that it does not seem to be possible to get the State Highway .Department to do something different in the City of Fayetteville. Alderman Miller echoed this._He stated that he had just returned from Blacksburg, Virginia, -and all their entrance roads. are four lanes with grass, flowers and trees along the boulevard. Driving there and driving here is the difference between -night and day. Alderman Parker stated that this was not the fault of the company bidding on this.project, but he does wish that the City could • look at the possibility of rethinking this.and get some sort of work change order if this is possible with the time available. The idea of a boulevard going in as the main entrance from -the+•, new hhighway to the south would be so much more appealing. There was a discussion between Mr..Venable and aldermen feasibility of making the road four lanes with a 'median down the middle for landscaping: Ibis would change the the road and could cause a substantial delay. Alderman Young asked when this -project was bid out. about' the goincrl'- design of Y f • Mandy Bunch explainedthat the bids were received August 12. Alderman Young questioned why, if this project has been around for a longtime, it was`-not,,bid out earlier if there was a deadline of October. Mandy Bunch explained that actual contract was dated six months ago. She received a verbal work. order on July 7 -from the Highway Department. They would riot allow the City to begin anything resembling construction:until the. right-of-way Was acquired for the road. -.The recent condemnations before the- Council -finally resolved the right-of-way issues and allowed the City to proceed. Kevin Crosson stated that the project has been budgeted, approved through the CIP process and the budget -for the water: and sewer relocation project has been approved. He will accept the.blame for bringing the'proposal to the -Council at the last -second. • • r" 359 August 15, 1995 Alderman Miller stated he has no problem approving this contract and budget adjustment; but he wants to express his disappointment at having another ugly, unimaginative road coming into Fayetteville. Alderman Hill stated that he has also recently seen some beautiful entrances into cities and hopes Fayetteville can do that sometime. Mayor Hanna stated he thinks that something can and should be done about this. This is going to be the main entrance into the University of Arkansas and is not a recent project but was started around 15 years ago and it has taken this long to get this far. Mayor Hanna stated that the City is not going to change the State Highway's method of operation. Alderman Hill stated that as a City and a Board, they would like to encourage staff, when they have a chance for input with the Highway Commissioners, to begin working with them to make changes. He also encouraged Mayor Hanna to write to the Commissioners and begin work on this. Kevin Crosson stated that this has been done. Alderman Bassett said he felt there had been some serious efforts made by the staff in the last few years to deal with all these issues. He stated he also would like to see the City's entrances look better than they do and it should be made a project of the Council. This project has been in the works for a long time. It is crucial and necessary to move forward on it. Alderman Hill clarified that he is not saying the Council should not approve this project. Mayor Hanna stated that the State Highway Department, either here or in another state, would not take care of a road like one being discussed. Alderman Hill stated that he felt there has to be a way. Mayor Hanna stressed that the way has to start at the Governor's office. Williams, seconded by Miller, moved that the budget adjustment and bid award be approved. Upon roll call, the motion passed on a vote of 8 to 0. • i 360 August -15995 x<<%'CONTINUING EDUCATION _CENTERt:BOND REPORT Ben Mayes brought the. Council .up to..date on.where the-'City'is on the refunding of the Continuing -Education Center Bonds. Bond counsel was selected in February and an Underwriterwasselected in June. _Approximately :$4.5 -million in bonds were Originally issued in 1979. There ate currently:approximately $3.2 of of bonds outstanding with interest rates ranging from7.5%-to r4 . 7.875%. These are callable on each October 1 and thegoal-was-to< call them this. Oct. 1. The revenues pledged to..these.bonds are the i'.i restaurant' tax., the money received for leasing the•Continuingw; Education Center to the-Universityof.Arkansas and the money received from the State "of Arkansas under the Tourism Turnback law. A proposed refunding is in place.. The -numbers -will be finalized when the bonds are actually marketed. It appears that it will be necessary to issue $2:.7.Mnillion in bonds to refund this. The interest rates will range from-4:5%-to.5:5% as opposed to the 7.5% to 7..875% on the current .bonds. -This will generate a cash flow savings of appro*imately,$1.2 Million. The revenue sources for these bonds will'iremain the same with the exception of removing parking deck revenue as .a pledged -source only. It willstill go -to the bonds but will be removed as a pledged source in case the City chooses to do anything with the parking deck at a future:time. . These bonds will also allow the City to;build in flexibility to issue additional bonds later if desired for a town center. A special meeting has been proposed for August:29 at which meeting the.Counctl will be asked to. approve a bond ordinance. Next week the bond ordinance;. bond purchase agreement and the preliminary. official statement will be delivered to the aldermen. If there are any -questions regarding these, Jerry Rose, David Hausam of the Llama Company, Ben Mayes or Brian Swain will be :available to answer them. The Council.w,ill be asked to approve this ordinance on August .-29th. The Llama Company will market these bonds, price them on ,-the 28th and have a bond purchase agreement available on the ,29th; and the exact numbers will be known at that time. If the ordinance:is approved, the bonds will close in 30 -days, on September 28:;•and the existing bonds will be retired in full on October 1. August 15, 1995 Mayor Hanna explained that the reason this must be way is because of the daily interest rate changes. available today wouldn't be any good for the final 361 done in this Figures bonds. Alderman Miller announced that there would be an Environmental Concerns meetings on Wednesday at 5:30. Alderman Bassett announced an Ordinance Review Committee meeting at 4:30 on Wednesday. ADJOURNMENT The meeting was adjourned at 9:39 p.m.