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HomeMy WebLinkAbout1998-01-06 - Agendas - Final AGENDA FAYETTEVILLE CITY COUNCIL MEETING January 6, 1998 THE AGENDA FOR THE COUNCIL MEETING WAS SET ON THE TUESDAY BEFORE THIS MEETING. ANY ITEM A CITIZEN WANTS PRESENTED TO THE COUNCIL NOT ON THIS AGENDA MUST BE INTRODUCED AT THE NEXT AGENDA SESSION OR BE BROUGHT UP BY AN ALDERMAN AT THAT SESSION FOR DISCUSSION AT THE FOLLOWING MEETING. 1 CONSENT AGENDA: Consideration of items which may be approved be motion, or contracts and leases which can be approved be resolution, and which may be grouped together and approved simultaneously under a "Consent Agenda": A. Minutes of the December 16, regular City Council meeting; B. A resolution approving an engineering contract with Anderson - Green Engineers, Inc. in an estimated amount of $30,500 for engineering services in conjunction with the proposed HVAC System Upgrade project; 01-14 C. Removed from consent agenda; COPS MORE grant; now 3A; 15-60 D. Approval of the application for a continuation of the Federal grant to support the Fourth Judicial District Drug Task Force and a funding resolution in the amount of $42,247.00; 61-88 E. A resolution approving the acquisition ($50,000) plus closing costs for the property and improvements from the estate of Ella Elizabeth Caudle located at 295 North Crossover Road in association with the widening of Highway 265 and approval of a budget adjustment; 89-108 2 OLD BUSINESS: Items that have been brought before the Council but were tabled or no decision made to allow further discussion or more information to be presented. A. ANNEXATION RZA97-17 & REZONING RZ97-20: Ordinances annexing and rezoning 76.95 acres located north of Mission Blvd. and east of Blue Mesa Drive as submitted by Marc Crandall on behalf of Gary Atha. Request is to annex the property and rezone it from A- 1 , Agricultural to R- 1 , Low Density Residential. These ordinances were left on the fust reading at the December 16 Council meeting. January 6, 1998 Page 2 3A COPS MORE GRANT: A resolution accepting the COPS MORE Grant in the amount of $80,999 for the purchase of mobile computing equipment, the hiring of a civilian report taker, and approving a budget adjustment; 1.15-1.60 3 REZONING RZA97-24: An ordinance annexing 1 .68 acres located at 4015 East Huntsville Road as submitted by William Greenhaw on behalf of Wanda Sims. The Planning Commission voted 8-0-0 to recommend the annexation. 4 REZONING RZ97-25: An ordinance rezoning 1 .68 acres located at 4015 East Huntsville Rd. from A- 1 , Agricultural to R-1 , Low Density Residential as requested by William Greenhaw on behalf of Wanda Sims. The Planning Commission Voted 8-M to recommend the rezoning. 5 EQUIPMENT PURCHASE: A resolution awarding Bid 97-60 to the qualified bidder meeting specifications, Shipley Motor Co., for the purchase of a cement truck in the amount of $ 130,317 and approving a budget adjustment. 6 WATER & SEWER SYSTEM IMPROVEMENTS: A resolution approving a construction contract with Fayette Tree and Trench in the amount of $ 115,489.50 plus a project contingency of $20,000 for water and sanitary sewer system improvements on Sherman Ave. and Fifth St. and approving a budget adjustment. 7 ALDERMEN/STAGGERED TERMS: An ordinance to bring aldermanic elections into compliance with state law requiring staggered terms. January 6, 1998 Page 3 8 HIGHWAY DEPARTMENT: A resolution concurring in the Arkansas Highway and Transportation Department's proposed design of State Highway 265. 9 CONDEMNATION: An resolution authorizing the City Attorney to seek condemnation of certain lands along Gregg Avenue in Fayetteville and Wilkerson Avenue in the City of Johnson, Arkansas, in conjunction with the required right of way and temporary easements for the Mud Creek Bridge improvement and approaches thereto. 10 NOMINATING COMMITTEE: A resolution making the nominating committee a committee of the whole of the Fayetteville City Council. 11 PARKING REQUIREMENTS: An ordinance repealing Ord. 3962 (parking waivers in C-3 and C-4) and adopting sections of Ord. 3870 repealed by Ord. 3962, thereby returning parking requirements in C-3 and C-4 to the original requirements in Ord. 3870. 12 OTHER BUSINESS: Consideration by the Council of items that may have been presented after the agenda was prepared and distributed. Only items presented by the City Council or City Staff may be discussed at this time. If the public has an item they wish the Council to consider, the item has to be presented at a Council Agenda Session which is held on Tuesday preceding the Council meeting at 4:30 p.m. in Room 326 of City Hall. Or, a citizen may contact an alderman and request the item be presented at the Agenda Session to be placed on an agenda. VOTING RECORD Meeting of the City Council January 6 , 1998 lenu MILLER WILLIAMS SCHAPER DANIEL \/ YOUNG 1 ZURCHER TRUMBO I PETTUS MAYOR HANNA MILLER WILLIAMS SCHAPER DANIEL YOUNG / ZURCHER Y PETTUS I?E5 , IZES . l2ES. w VOTING RECORD Meeting of the City Council January 6 , 1998 O MILLER WILLIAMS / SCHAPER DANIEL 7 YOUNG ZURCHER -�PPi�R4H� PETTUS L If r ON 2nJ12 LEFT ON 2N1? F2ES • VMAb1NG- We At ING- MILLER 7 WILLIAMS v y v SCHAPER DANIEL YOUNG ZURCHER [ y PETTUS LEFT ON 2nlb LEFT' ON QZNb t:?E'AbING REFAI:;)ING VOTING RECORD Meeting of the City Council January 6 , 1998 TAeLEOKD MILLER y 7 WILLIAMS `/ Y SCHAPER DANIEL YOUNG 1 YID' ZURCHERTmUvjDy 9— `I I PETTUSIr I 1 1zE5 - fzes . ►2E5. 7 AOA.E WEE . O MILLER WILLIAMS SCHAPER DANIEL Y YOUNG / ZURCHER Y PETTUS NO FAIL LEFT- Ont 2�.Ib floc i�DgbING FINAL AGENDA Council Meeting Jan . 6 Given to you at agenda session : - Drug Task Force Grant ( number this 1 . 61 - 1 . 88 ) - Acquisition of Caudle property ( number this 1 . 89 - 1 . 108 ) - Condemnation - - replace w/ information attached here ( # 9 ) - Nominating Committee ( number this 10 . 01 ) Note : - COPS MORE Grant was removed from consent agenda . It is now 3A of regular agenda . Attached here : - Minutes of the Dec . 16 Council meeting - Ordinance re aldermen ' s terms ( 7 . 09 ) - Highway Department ( # 8 ) - Condemnation - - replaces agenda session info ( # 9 ) - Parking ordinance ( # 11 ) - Informationals ( # 13 ) AGENDA SESSION DISTRIBUTION CHECKLIST DATE: A C - 6- / r2 HANDOUTS:R{. rw A/om ;na E1'bg Chir, _ -1-5 1? 0vrv1 Tina . rind R(.C . ri _O ratj 4 ruj, 4 cohd.om 134 fin DISTRIBUTED TO: Stephen Miller Jerry Rose Kit Williams _X Alett Little Cyrus Young ✓ Steve Davis Randy Zurcher t/ NWAT Trent Trumbo --X M. News Donna Pettus ✓ KIX Len Schaper Democrat-Gazette V/ Heather Daniel Robyn/Lana ✓ Mayor Hanna ✓ Jane Phyllis Rice X Ben Mayes Y Kevin Crosson _ Charlie Venable NOTES: A MEETING OF THE FAYETTEVILLE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday , December 16 , 1997 , at 6 : 30 p . m . , in the Council Room of the City Administration Building , 113 W . Mountain , Fayetteville , Arkansas . PRESENT : Aldermen Donna Pettus , Stephen Miller , Kit Williams , Len Schaper , Heather Daniel , Cyrus Young , Randy Zurcher , and Trent Trumbo ; City Attorney Jerry Rose ; Deputy City Clerk Jane Heth ; staff ; press ; and audience . ABSENT : Mayor Hanna Acting as Assistant Mayor , Alderman Kit Williams called the meeting to order with eight aldermen present . NOMINATING COMMITTEE REPORT Alderman Daniel moved to nominate Charles Wallace and Truman Smith to the Airport Board and Jan Judy and Bill Ackerman to the Parks & Recreation Board . Alderman Zurcher seconded . Upon roll call , the motion carried on a vote of 8 to 0 . CONSENT AGENDA Alderman Williams 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 December 2 regular City Council meeting ; B . A resolution authorizing the Mayor and City Clerk to execute a lease with Fayetteville School District No . 1 for a park at Washington Elementary School ; RESOLUTION 115 - 97 AS RECORDED IN THE CITY CLERK ' S OFFICE . C . A resolution approving payment of $ 25 , 000 plus a contingency of $ 5 , 000 to the Arkansas Highway and Transportation Department for acquisition of road right of way and temporary construction easements by the AHTD in association with the Mud Creek Bridge Improvement Project on Gregg Avenue ; RESOLUTION 116 - 97 AS RECORDED IN THE CITY CLERK ' S OFFICE . Alderman Trumbo stated a citizen who lives west of Washington Elementary School has asked if this would be a more utilized city park in a residential area . Alderman Williams thought it might increase the use . The City has done this around schools all over town and it is not unusual . 1 Alderman Schaper moved the consent agenda . Alderman Miller seconded . Upon roll call , the motion carried on a vote of 8 to 0 . OLD BUSINESS NEW PAY RANGES AND STEP RATES Alderman Williams introduced a request to reconsider a resolution adopting new step rates for civil service fire and police and adopting revised pay ranges for hourly , salaried , and executive employees as recommended by staff and Hay Management Consultants effective with 1998 payroll No . 2 beginning December 29 , 1997 . This resolution failed with a vote of 4 - 2 at the December 2 Council meeting . Alderman Young moved to reconsider . Alderman Daniel seconded . Upon roll call , the motion carried on a vote of 7 to 1 , with Alderman Zurcher voting no . Ben Mayes , Administrative Services Director , gave a history of this process . In 1989 , the City and the Hay Consultant Group undertook a comprehensive pay plan study , which was adopted January 1 , 1990 . The primary objective of the pay plan was to allow the City , as an employer , to be competitive in the marketplace . As a part of the plan , the City does a survey to make sure the pay ranges are competitive . This is the biannual update . This has been successful in reducing turnover and attracting good employees . Mayes stated that even though there is one plan that covers the City , there are two groups of employees within the plan . The first group is non - civil service employees . They are paid on a merit system . Civil service includes police and fire uniformed officers only . Every non - civil service job is graded based on qualifications , education requirements , etc . Each grade is assigned a salary range . On an employee ' s anniversary date , an appraisal is done . Raises are based on that appraisal . An adjustment in the pay range for non - civil service employees will slide that scale by the requested amount , 6 % . There is no immediate raise . Mayes stated the civil service employees have a step and grade scale . An officer starts on step A . Step B is paid on the first anniversary . You go to step C on the second anniversary , etc . If you are promoted , you move up to the next higher step . Mayes stated that when the Council approves a pay plan adjustment for the step people , the civil service people , all the steps go up , this year 3 °s and 5 % . What that means is that everyone will receive a raise the day the increase is approved . This is different from non - civil service . Additionally , they will go to the next step on their anniversary date . 2 Mayes stated that this year in comparing the survey results to the current City pay , we used the City ' s 20 - year pay , the maximum paid for a ranked position . He apologized for not disclosing this change . It was done for a good reason and should have been better explained . In the past , the City took these surveys and tried to make them equivalent to our step G . This year we attempted to make the survey equivalent to our 20 -year highest pay by rank . It was done to simplify and to get better results . It just happens that the percentages are not as high this year as they have been the last couple of years . He stated this is not a result of the way the survey was done , but is what the marketplace shows . This is factual , with no political pressure . It is non - biased . No one has a problem with the survey itself . They are just asking us to use step G as opposed to the 20 - year step . Mayes stated it is staff ' s opinion that it is a good survey and the raises are appropriately calculated . He proposed having the Council pass the pay plan as presented . If the Council is uncomfortable doing that , he asked them to allow staff until the second meeting in January to go back to the 36 cities and change the surveys from 20 - year back to our step G equivalent . He stated he is not comfortable using our survey with our current step G . Mayes stated the firefighters agree that if the Council wants to not pass it the way it is , the Council can give staff until the second meeting in January to go back and make the surveys equivalent to the step G . The surveys and calculations will be redone and submitted to the Hay Group , as always , then brought back to the Council . He stated there are no guarantees on what the percentages would do . Mayes stated the impact on the budget of changing it to step G today would be an impact of approximately $ 103 , 000 on the general fund . A way to fund this would be to delay the hiring of all new positions in the general fund by two months . This will allow us to save the money needed , if the percentages go up a point or two . Mayes stated they ' d tried to make the survey simpler and better in order to get good participation . He stated everyone supports the pay plan and are working together . The only disagreement is on this one piece of it . Alderman Young asked if Mayes was suggesting taking police and fire out of the plan right now and passing the rest of it . Mayes agreed , but only if the Council is not comfortable passing the entire change . If the civil service was not passed , he would like to see the other passed in order to cover any January anniversary dates and so that a retroactive calculation won ' t have to be done . If it is not passed until January , it will be made retroactive . 3 Don Bailey , Personnel Director , stated it may be optimistic to suggest a re - survey could be done by January . What has been questioned is the fire and police survey techniques . Bailey stated the fire survey is more complicated than the police survey because of the types and kinds of compensation . Analyzing raw pay data is not routine or straightforward . There are a great number of differing methodologies of paying fire employees , and they are not administered in any uniform manner . He listed many variables . The perception of what base pay is varies from jurisdiction to jurisdiction . Bailey stated if you complicate the survey and make it more lengthy , you heighten chances it won ' t be completed and returned . The survey was expanded from 21 to 36 cities , which gives enough breadth to compensate for any lack of depth in the survey . The size was increased so the anomalies would be worked out in the arithmetic . Bailey stated this pay plan did not define or place limitations on survey methodology or additional employee compensation . As an example , 70 % the firefighters receive and annual amount of $ 520 more than the stated step amount because they are EMT qualified now . That $ 520 is not utilized in determining whether they are underpaid or overpaid . He stated there are pluses and minuses in the survey , but on balance the recommended pay ranges are an accurate representation of the market . He stated he holds to the recommendation originally made to the Council . Alderman Young stated he had assumed the Hay Group had done this and asked why they hadn ' t . Bailey responded he is operating under their guidelines . He stated they charge $ 200 an hour . Mayes added that the City has always done the work and then submitted it to Hay . It is a matter of economics . Bailey stated that over a two - month period , he had spent between 80 and 120 hours working on this . Bailey agreed the bottom line is that basically the way the question was asked this year is different from the way it was asked in the past . Five things were asked : What is your highest paid person ; what is your entry rate ; what is your middle rate , what is the low ; and what is the high . Alderman Young asked if this was in compliance with the Hay Group guidelines . Bailey replied there are many ways to approach this . The Hay Group does not direct any one way . As long as it is within the parameters , they will approve it . The end result is essentially the same . 4 Alderman Williams stated this appears to be a more objective and easier way to do it . Mark Stephens , President of the Firefighters Association , stated this was brought to the Council ' s attention because they feel that comparing the 20 - year longevity top out was unfair based on other cities ' policies of instituting longevity pay . We are penalized every time we promote and change positions . He stated they are asking that it be eliminated for comparison in the survey and for comparison on our part . They prefer a simple question asking for the pay excluding longevity , that it not be considered at all . Alderman Young asked if Stephens would prefer to have the fire left in if the Council passes it or be left out and redone . Stephens replied they prefer it to be set aside , pass it for the non - civil service and redo the survey and come back later for civil service . Stephens stated that in the past surveys , the 10 - , 15 - , and 20 - year have not been increased proportionally with the percentages presented by the Hay Group . They have stayed at a consistent level of $ 500 above the G or H step and $ 500 more for 15 - year and $ 500 more for 20 - year . They have not increased percentage - wise with the other steps on the page . He asked if the longevity pay would be increased and made like a regular step . It hasn ' t been in the past . It was a bonus reward for dedicated service in that rank . Alderman Daniel asked if the Council votes to exclude the civil service , would it be refigured and the Council have a choice . Stephens stated the choice is the Council ' s . They are not questioning the figures . They support having it redone , honoring the other employees , and passing the budget . They are just asking for the longevity to be taken out . Alderman Williams pointed out the only disadvantage would be to the battalion chief ; but since 1992 , the battalion chief ' s pay has been raised more than any other City employee ' s pay , an average of more than 5 °s a year . The firefighter ' s pay has been raised the second highest , an average of 4 . 316 a year . Alderman Schaper stated these numbers are the range changes . It is in addition to the step . The actual increase has been considerably more . Alderman Schaper stated the issue is how the question was asked . If you ask what the absolute maximum pay is , the answer you get is what you use to compare to our person doing the same thing . He stated he would not like to put our personnel folks through redoing a survey to come up with what might be a more subjective answer and one that may not make any difference at all . 5 Alderman Miller moved to pass the pay raises for non - civil service and to refer the civil service back to restudy , as was offered by staff . Alderman Pettus seconded . Alderman Young verified that would be sending the civil service back for restudy . Upon roll call , the motion carried on a vote of 6 to 2 , with Aldermen Williams and Schaper voting no . RESOLUTION 117 - 97 AS RECORDED IN THE CITY CLERK ' S OFFICE . Mayes stated they would make every effort to have this by the second meeting in January . He confirmed this motion included both fire and police departments . 1998 BUDGET Alderman Williams introduced a resolution adopting the 1998 City of Fayetteville Annual Budget and Work Program . This resolution was tabled at the December 2 Council meeting . Ben Mayes , Administrative Services Director , agreed the budget could still be passed . He stated all hiring of new positions in the general fund would be delayed by an average of two months . This could be done administratively . Alderman Williams asked for audience comment . Jeff Erf , 2711 Woodcliff Road , suggested removing from the general fund expenditures , under general government departments , Chamber of Commerce economic development services . He stated the Chamber of Commerce is given up to $ 100 , 000 a year to administer and manage our economic development program . He stated he is concerned about their position on the Drake Field Marketing Plan . Apparently , the Chamber has decided not to support the plan . They have decided not to assist in maintaining Drake Field as a viable regional air carrier airport . Alderman Zurcher proposed looking at this more thoroughly but passing the budget with that in there . Mayes explained the contract has a termination clause of 30 days written notice . Alderman Schaper stated we would like to keep economic development services in the budget . The question is whether the Chamber of Commerce is who should be doing it , if they disagree with the Council ' s marketing plan for the airport . Rudy Purr , Airport Marketing & Development Coordinator , stated that when he joined the Chamber through the City , he was appointed to the subcommittee on Drake Field . At that point , he noticed there were two plans . One was the one adopted by the 6 Council , with the priority of retaining the airline service as a regional airport . The other plan is identical , except it does not address retaining Drake Field as a regional air carrier airport . The subcommittee voted 8 - 0 to send it to the full committee . At that point in time , the vote was to send it to the board of directors for adoption of the Council ' s plan . It was decided by the executive board and recommended back to the full Chamber board not to do that . Furr stated he has dealt with this through some of the language in the other marketing plan . He stated it is difficult . The attitude is that Drake Field will be replaced . Richard McKinney , chairman of the Airport Board and incoming chairman of the transportation committee for the Chamber of Commerce , stated the failure of the ratification concerns him . He stated the Chamber needs to be 100a behind Drake Field . Mayes stated this is more a contract issue than a budget issue . He stated a meeting would be set up with the respective parties . He cautioned that in hiring a marketing firm , we may hire the same one that represents the regional airport . In hiring the Chamber , you cannot always assume that their stand will be the same as what they are doing for us as a marketer . We need to meet with them and clarify this . Their membership represents more than just the City . Alderman Williams stated he was very surprised when the Chamber decided they could not buy into what the Council thought was best . He stated the economic development committee would address this with the Chamber . He noted times when the Chamber has supported Drake Field . Alderman Young stated that the Downtown Dickson Street Enhancement Project had a meeting a week ago . The question came up as to whether the City would approve some of the things they want to do . He stated that Bootsie Ackerman had said the City is behind it and was setting aside funds . He wondered where these funds are in the budget . Mayes stated it is not in the budget . Kevin Crosson , Public Works Director , stated he has never heard Bootsie Ackerman say that . He ' d met with her last week and she did not indicate that she has the City ' s support of a conceptual plan . Mayes stated that the City contributed $ 15 , 000 in 1997 , which was matched with membership dues and other fund raising . The City does not pay her a salary . Crosson stated his impression is that they fully intend to involve this Council in the decision making process , because they will ask for a substantial amount of the funds to develop the 7 project . This is a community - based project . Once the conceptual plan is done , it will be brought to the Council and to the people who will be funding it . Alderman Zurcher stated they have taken a lot of public comment ; but a voting membership on the Dickson Street Downtown Enhancement Project is $ 100 to join a group which is going to make development suggestions to the City and use City funds . Alderman Pettus asked if the Council wants to clean up the water tower on Mt . Sequoyah , would there be funds available . Crosson replied the budget adjustment process allows the budget to be amended at any time . Alderman Schaper moved to pass the budget . Alderman Miller seconded . Upon roll call , the motion carried on a vote of 8 to 0 . RESOLUTION 118 - 97 AS RECORDED IN THE CITY CLERK ' S OFFICE . MILLAGE ROLLBACK Alderman Williams introduced a resolution requesting Washington County to provide the City with the reappraisal figures necessary to determine how much the City ' s millage rate should be rolled back to comply with Amendment 59 . This resolution was tabled at the December 2 Council meeting . City Attorney Rose reiterated remarks made previously at agenda meetings . This resolution simply requests that the County provide the City with the reappraisal figures necessary to determine whether and how much the City ' s millage rate should be rolled back . He pointed out that the third whereas clause , while not a part of the resolution , would appear to commit the City to rolling back their millage rates based on these figures , without waiting for any action from the courts . Alderman Williams agreed that was his intent . Ben Mayes , Administrative Services Director , stated the County provides the City with a preliminary estimate of the increase . It has been less than 101; except for 194 - ' 95 , the year in question , where it went up approximately 38 % . He stated you are allowed to back out newly discovered property , new construction , utility properties , and others . He stated he understands that once you back those out , you are very close to the allowed 10 % . We don ' t have the final numbers yet . Alderman Williams stated this resolution is asking the County to give us those numbers so we ' ll know what to back out . Rose stated the newspaper reported that the County is seeking to provide these figures . They might be ready in approximately 30 8 days . The County would like a written request for the figures . Steve Davis , Budget Coordinator , stated the problem is that the revenues received also include personal property . We don ' t have information that separates what taxes were paid on real property versus personal property . We are allowed a 10; increase . To get to whether a rollback is determined or not , we have to back out our newly found , newly constructed property . Looking at our records for 1993 and 1994 , we issued building permits of approximately $ 210 million to $ 220 million . A house built and occupied in 1997 does not go on the tax rolls until the assessor sees the house and puts it on the tax rolls , as of January 1 , 1998 . Davis stated that Mr . Butler , County Attorney , indicated that the County is preparing the numbers to determine if the school districts have a rollback . Davis stated that Mr . Butler said the City would have to send something in writing to get the numbers . Alderman Trumbo stated he would be in favor of a resolution just asking for those figures , something that wouldn ' t require the City to roll back the millage until it is decided in the courts . Alderman Schaper stated a resolution is not necessary for the staff to make the request . Alderman Daniel asked the Council to consider an amendment or rewording that stated , " A resolution requesting Washington County to provide the City with the appraisal figures necessary to determine if the City ' s millage rate should be rolled back . " Alderman Schaper agreed the Council should not assume there will be a rollback . He stated the third whereas clause should be stricken then the resolution passed if the Council wants it in writing . Alderman Schaper moved to strike whereas clause three . Alderman Daniel seconded . Alderman Williams opposed this . He stated he put the third whereas clause in because when it comes to the government taxing its citizens and there is an amendment that says the government is limited to 10 % more a year after reassessment , excluding new construction , we ought to follow that and not wait for the courts to decide . Alderman Schaper stated he does not want to wait for the courts , but does want the data on which to base it . Alderman Williams stated the resolution does not say it would be done without any data . It asks for the data and at the bottom says if the data shows that the increase is there , then we should determine whether and how much the City would roll it back . He stated there is some intent that we would resolve questionable 9 issues in favor of the taxpayers rather than in favor of the government . Pete Reagan , firefighter and Fire Pension Board member , urged the Council to look at this with an open mind and to see if more money could be found through the budget adjustment process . Upon roll call , the motion to strike whereas clause three carried on a vote of 6 to 2 , with Aldermen Pettus and Williams voting no . Alderman Williams supported submitting his resolution as amended . Rose stated that , in addition to striking the third whereas clause , the title would be changed to read : . . necessary to determine whether and how much the City ' s millage rate should be rolled back . He stated he could make this change without action by the Council . Upon roll call , the resolution passed on a vote of 8 to 0 . RESOLUTION 119 - 97 AS RECORDED IN THE CITY CLERK ' S OFFICE . NEW BUSINESS Annexation RZA97 - 17 Alderman Williams introduced an ordinance annexing 76 . 95 acres located north of Mission Blvd . and east of Blue Mesa Dr . , as submitted by Marc Crandall on behalf of Gary Atha . City Attorney Rose read the ordinance for the first time . Alderman Williams stated the Planning Commission voted 7 - 0 - 0 to recommend the rezoning . Marc Crandall , representing Mr . Atha , stated this is nicely situated to become part of the City and the best and logical use would be low - density residential , as proposed . Alderman Miller asked if the neighbor to the east , Mr . Brown , had been approached about this . Mr . Crandall replied they have met with Mr . Brown many times . He stated Mr . Brown has taken the position that this property will be developed eventually and he is happy with these preliminary designs . Mr . Crandall showed a drawing of the latest design , close to what they will go to preliminary plat with . Alderman Williams stated there is some concern about access . There is access to Highway 45 , but the other access goes over land not owned by the developer . 10 Mr . Crandall stated similar discussions have been had with the Planning Commission and planning staff . They have tried to accommodate the most logical spots for future connection . The Planning Commission felt this could be resolved when they get to it in the preliminary plat and planning part . He stated that with the help of the City , they would try to get to the Brookbury stubout to the north and get some type of Township extension to the south . They have had good discussion with the people along Township but have hit a brick wall with the lady who owns the land between this and Brookbury . Alderman Williams had concerns about building such a large cul - de - sac . It would be expensive to change in the future and people may look to the City to do it . Alderman Pettus asked about the Planning Commission ' s approval . Mr . Crandall stated that when the Planning Commission approved it , they decided that this was better addressed at the point when real plans and real roads are done . They made it clear they would look for a second form of ingress and egress . Alderman Williams reminded the Council the City is nearing sewer capacity at its plant . Mr . Crandall stated he ' d received a letter from the water and sewer department which stated they did not see any problem with the sewer capacity . Alderman Miller stated this would have a 24 " inch main right to the plant and would have minimal impact on our sewer and collecting system . Alderman Trumbo stated the Timbercrest homeowners are concerned about drainage and Savannah residents are concerned about density . Mr . Crandall stated the lot size and density are comparable to Timbercrest and Brookbury , about 54 "s of what is allowed in R - 1 zoning . REZONING RZ97 - 20 Alderman Williams asked City Attorney Rose to put the rezoning on its first reading . City Attorney Rose read RZ97 - 20 for the first time . Alderman Williams suggested leaving both the annexation and rezoning on their first readings . SPRING PARK SUBDIVISION EASEMENT VACATION Alderman Williams introduced an ordinance vacating and abandoning 11 platted utility easements in Spring Park Subdivision as requested by Jim McCord on behalf of Clary Development . City Attorney Rose read the ordinance for the first time . Jim McCord , attorney , stated that when the Planning Commission approved the large scale development plat it required that Mall Avenue be extended to the south through this development , which necessitated the vacation of an existing easement . The other easement vacation is a small encroachment discovered after the building was built . Alderman Young moved to suspend the rules and go to the second reading . Alderman Miller seconded . Upon roll call , the motion carried on a vote of 7 to 0 , with Alderman Zurcher not present for the vote . City Attorney Rose read the ordinance for the second time . Alderman Trumbo moved to suspend the rules and go to the third and final reading . Alderman Pettus seconded . Upon roll call , the motion carried on a vote of 7 to 0 , with Alderman Zurcher not present for the vote . City Attorney Rose read the ordinance for the third time . Upon roll call , the ordinance passed on a vote of 7 to 0 , with Alderman Zurcher not present for the vote . ORDINANCE 4071 IS RECORDED ON PAGE OF ORDINANCE BOOK RAILROAD BID WAIVER Alderman Williams introduced an ordinance approving a bid waiver for a cost - sharing agreement with A & M Railroad for the upgrade of railroad crossings on Cato Springs Road . Kevin Crosson , Public Works Director , stated this is one of our worst crossings in town . This is a standard agreement . We are paying for materials only , at a cost of $ 35 , 610 . This has been the most effective way to leverage action on crossings . Alderman Schaper stated the railroad is required to keep these crossing in decent repair . Crosson stated this will be an upgraded crossing from what the railroad would typically put in . It will last much longer . City Attorney Rose read the ordinance for the first time . Alderman Daniel moved to suspend the rules and go to the second reading . Alderman Miller seconded . Upon roll call , the motion carried on a vote of 7 to 0 , with Alderman Zurcher not present for the vote . 12 City Attorney Rose read the ordinance for the second time . Alderman Schaper moved to suspend the rules and go to the third reading . Alderman Daniel seconded . Upon roll call , the motion carried on a vote of 7 to 0 , with Alderman Zurcher not present for the vote . City Attorney Rose read the ordinance for the third time . There were no comments from the public . Randy Allen , Street Superintendent , stated there are actually three crossing that will be repaired on Cato Springs Road . This has been a very bad crossing for many years . Alderman Williams called for the vote . Upon roll call , the ordinance passed on a vote of 8 to 0 . ORDINANCE 4072 IS RECORDED ON PAGE OF ORDINANCE BOOK WEDINGTON DRIVE WIDENING Alderman Williams introduced a resolution authorizing the City of Fayetteville to enter into a 50 - 50 cost sharing agreement with the Arkansas State Highway and Transportation Department for the widening of an approximate one - mile section of State Highway 16 located west of U . S . Highway 71 . Charles Venable , Assistant to the Public Works Director , stated he ' d received a phone call from the State highway department . The State wanted to know if the City is interested in a 50 - 50 cost share to do a section of Highway 16 West . Venable stated this would widen Highway 16 to four lanes out to Rupple Road and then taper it back to Meadowlands Drive , about a mile altogether . It would be left up to the State on how they want to do it . Venable stated he ' d asked if they could get four lanes across the bridge on Highway 71 and was told the bridge is 50 ' wide and they could get four lanes across there . The State also said they would like to get this under contract by the end of next year . Venable stated there are no plans now to widen the bridge for bike or pedestrian lanes . Venable stated the cost , including right of way , utilities , engineering costs for design and construction , and actual construction would be about $ 2 . 25 million . Alderman Williams stated the Street Committee has discussed this . This is a major problem area and this project would go a long way in solving that . 13 Alderman Schaper stated this is classified as a major arterial and we have certain standards for this type road . He stated he would like the resolution to say that the design of this highway should meet all our standards for major arterials . Alderman Williams stated he would like to see some sort of multi - use trail along it . Venable stated that on the east section , the outside lanes are wider than normal . He did not think anything would be marked but will be 14 ' lanes . Alderman Williams thought this would be subject to administrative discussions . Venable stated there will be 6 ' sidewalks integral with the curb . The state has 80 ' of right of way there now . To have four lanes , plus the planting strips , plus sidewalks , they would need 1001 . Alderman Schaper stated he would like to keep the planting strip between the sidewalk or trail and the roadway . Alderman Zurcher stated this is not an optional thing , but is how we are to build our major arterials . Alderman Williams urged passing the resolution now and covering the technical details later on . Alderman Miller questioned spending this much money on this when there are traffic problems all over town . Alderman Williams stated the City is trying to work on problems all over town . This is an opportunity to solve one of the longer lasting problems . Russell Black , owner of Westwood Gardens on Wedington Drive , applauded efforts to do something about the traffic flow out there . He suggested going a little further to the west , possibly to Double Springs Road , to avoid a bottleneck . He also hoped to eliminate at least one set of lights at the bridge . He stated the drainage in that area would have to be carefully addressed . A resident of Double Springs Road stated that by the time this road is done , the subdivisions out there will be filled up . There will be potential for traffic to be backed up to Gregg Street . She suggested telling the State there is almost no point in doing just a mile , to see if they won ' t extend their offer to Double Springs Road . Cyrus Kooshesh , North 46th Ave . , stated building this road will mean a year of construction in the area ; yet when it is done , it won ' t have solved much of the problem . He and his neighbors are willing to petition the Highway Department to extend to Double Springs Road . He asked that the City try to negotiate this with 14 the Highway Department . Mr . Kooshesh asked the Council to reconsider its decision regarding S . Rupple Road , allowing the school board to consider it as one of the sites of the school . Alderman Williams stated this issue is not before the Council at this time and the Council is not prepared to discuss it . Alderman Schaper moved the resolution . Alderman Young seconded . Upon roll call , the motion carried on a vote of 8 to 0 . RESOLUTION 120 - 97 AS RECORDED IN THE CITY CLERK ' S OFFICE . OTHER BUSINESS Alderman Daniel read an open letter to the City of Fayetteville from a citizen regarding the quick , courteous , and professional service provided by the City when a home was flooded with raw sewage . ADJOURNMENT There being no further business , Alderman Williams adjourned the meeting at 8 : 56 p . m . 15 7 0 ORDINANCE NO. AN ORDINANCE PROVIDING A METHOD TO STAGGER THE FOUR YEAR ALDERMANIC TERMS REQUIRED BY STATUTE WHEN A MAYOR-COUNCIL CITY REACHES A POPULATION OF 501,000 OR MORE. WHEREAS, the City of Fayetteville has reached a population greater t1jW 50,000, as determined by special federal census, and; WHEREAS, cities of the first class having a popula of 50 is i 0 • ore are required to elect aldermen for four year terms, with one of the two al en fro d being elected every two years, and; WHEREAS, state law provides no method fo st a the terms o a e • in the situation where a city subsequently reaches a populatio 00, as stated in a ey general Opinion 97-283, which concludes that such a procedure a in a city's powers relating to "municipal affairs", and; WHEREAS, the public interest will best b d by follo egislative preference found in Act 176 of 1959 which provided thaI fffffffgenera election , 60 one alderman from each ward be elected to a four year term an aide trot a eac d be elected to a two year term until 1962 when staggered four ye rms w d c NOW, THEREFORE, B # RD D BY CITY COUNCIL OF THE CITY OF FAYETTEVILLE, Section 1 . At e ral elec • t ar 1998 one alderman (either position one or positiJ2 bliXiform I o , • ch war I I ity will be elected to a four year term and one alderm ition o jon two uniformly) from each ward of the city will be elected to a two ye ener ction in the year 2000 and each general election thereafter alderme h be el e o year terms as set forth in A.C.A.§ 14-43-303 . Th e erm'nation of whether position one in all wards shall be two years or • • ition two in all w • s shall be two years in the 1998 general election shall be made by lot at t xt regular meeti of the city council following the passage of this ordinance. D APPROVED this day of 51998. APPROVED: By: Fred Hanna, Mayor ATTEST: By: Traci Smith, City Clerk 8 , 01 RESOLUTION NO, A RESOLUTION CONCURRING IN THE ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT' S PROPOSED DESIGN OF STATE HIGHWAY 265 FROM STATE HIGHWAY 16 TO STATE HIGHWAY 45, WHEREAS, the State Highway and Transportation Department (AHTD) has programmed the section of State Highway 265 between State Highway 16 and State Highway 45 for widening; and WHEREAS, AHTD's first proposal was to construct a four-lane with a continuous left turn lane for the entire length of the project; and WHEREAS, the AHTD conducted a public hearing on April 23 , 1996, to discuss the proposed project; and WHEREAS, many comments were received, including Resolution 17-96 from the City in opposition to a five-lane section; and WHEREAS, the AHTD notified the City by letter dated December 15, 1997, that the review and evaluation of the comments received had been completed and that the design had been changed to provide (1) a four-lane undivided section from State Highway 16 to a point just south of Lovers' Lane with left-tum lanes provided only at selected streets and (2) a four-lane undivided section with a continuous left-turn lane from a point just south of Lovers' Lane to State Highway 45. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . The City of Fayetteville concurs in the design of the Highway as set forth in the December 15, 1997 letter. Section 2. The City of Fayetteville pledges to work with and assist the AHTD in all things necessary to complete the Highway 265 widening project as soon as possible. PASSED AND APPROVED this day of APPROVED: By: Fred Hanna, Mayor ATTEST: By: Traci Smith, City Clerk OR 14 9 . 01 STAFF REVIEW FORM X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of January 6. 1998 FROM: Ed Connell oA& i Engineering Public Works Name Division Department ACTION REOUIRED:Passage of a resolution authorizing the City attorney to seek condemnation of certain lands along Gregg Avenue in Fayetteville and Wilkerson Avenue in the City of Johnson, AR in conjunction with the required right of way and temporary easements for the Mud Creek Bridge Improvement and approaches thereto. Such properties are owned by Marjorie Brooks and NANCHAR Inc. (Tract # 1); Unknown ownership (Tract #4); Walter S. Robinson, III and Carol Van Scyoc (Tract #5); and Thomas K. and Cheryl Bramlett (Tract #9). Approval of a budjet adjustment reappropating the project funding for 1998 from 1997. COST TO CITY: * Mud Creek Bride Improvement ost of thiss e�uesi ategory ro ect udget ateggor ro ect Name * Court de osits aid by Ark. State Highway & Transportation Dept. with monies pro videdy y the City. 447 - 4 - 1 - Account Number Funs Used To Dale Program Name 93078-0030 $ -Q- Sales Tax CIP Pro ect Number ReAin B— a an Fun icnvinw : u gee em x Budget Adjustment Attached use[ oor m Administrative Services erector CONTRACT/GRANT/LEASE REVIEW: ANTING Y: ri AA c�tm a era er Date rna Auditor Date Iz - 3i City At rney Date ADA Coordinator Date Purchasing is -3 1 - q'1 icer Date STAFF RECOMMENDATION:Immediate approval to seek condemnation in order to obtain possession prior to AHTD February bid letting for construction. City and AHTD will continue to work with clients in an effort to reach a settlement prior to any trial date. / Z - 3131 277 to Hea � Date Criss Reference Reference New Item: Yes No lepartmentDale d 31 97 Prev Ord/Res #: A mmistrative Services Dire c Date Mayor Dale Orig Contract Date: 9 , 02 City of Fayetteville, Arkansas Budget Adjustment Form Budget Year Department: Sales Tax Capital Date Requested Adjustment # 1998 Division: 12 /31/97 Program: Project or Item Requested: Project or Item Deleted: Reappropriation of unencumbered project funding None . This project was funded as part of the for the Mud Creek/Gregg Avenue Bridge Project 1997 Amended Budget . from 1997 to 1998 . Justification of this Increase: Justification of this Decrease: The project is scheduled for bid by the Sufficient cash & investments exist to fund Arkansas Highway and Transportation this request . Department in January and is a cost share project . Increase Expense (Decrease Revenue) Account Name Amount Account Number Project Number Bridge & Drainage Imp . 138 , 269 4470 9470 5817 00 93078 Decrease Expense (Increase Revenue) Account Name Amount Account Number - Project Number Use of Fund Balance 138 , 2694470 " 0947 4999 99 • ApprovalSignaturesBudget Office Use Only / Requested By ¢`x o- ate ype A� � B C D4. �A 97 , udget oordinator t• .,� . . - s . .,� Date of Approval ' � fy�`a ----- Denartmext Director Da' ' Costed to General Ledger '``�`�1`' '� s 31 47 �« Admin. Services Director Date Posted to Project Accounting Mayor Date Entered in Category Log " H:\BUDGET\STEVED\MUDCRKBA.W K4 FAYETTEVI LLE 9 . 0 3 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE DATE: December 30, 1997 TO: Kevin Crosson, Public Works Director n - // THRU : Charles Venable, Assistant Public�(orks Di ctor (� Donald R. Bunn, City Engineer FROM : Ed ConnelldoAgent RE: Mud Creek Bridge Improvement AHTD Job No. 040179 City Project No. 93078-0030 Condemnation Cases The Mud Creek Bridge Improvement project involves the replacement of the single lane bridge across Mud Creek along Gregg Avenue in Fayetteville and Wilkerson Avenue in the City of Johnson. (The centerline of Mud Creek being the boundary between Johnson and Fayetteville.) The new bridge will eventually provide for four lanes of traffic. The project further provides for the relocation of the approaches to the new bridge, all of which involve the acquisition of private property for this purpose. The Arkansas State Highway and Transportation Department (AHTD) was engaged by the City of Fayetteville to survey the lands for acquisition, appraise said lands to be acquired and negotiate said acquisitions. Nine (9) parcels were involved, two (2) of which belonged to the City of Fayetteville. Of the remaining seven, acquisition was successful on three parcels; however, such has not been the case on the last four parcels. Timing on this project is extremely critical. Therefore, we recommend the use of the Power of Eminent Domain to secure possession of said lands so that the project can go to bid in February of 1998. Before any AHTD project can go to bid, all required lands and/or easements must be secured, either with signed documents or court ordered possession. The City and the AHTD intend to continue efforts to negotiate settlements in each of these cases prior to any scheduled trial. The specific properties involved herein for condemnation are: Tract #1 : Owners: Marjorie Steele Brooks and NANCHAR, INC. Address: Phone: Agent: James Irwin Address: 10800 Financial Center, Suite 125 Little Rock, AR 72211 Phone: 501 -225-5700 9 . 04 Mud Creek Improvement Condemnation Cases Memo, Page 2 Tract # 1 : NANCHAR-Brooks Property -- continued Property: Part of Parcel No. 765-15733-000 Part of the Nlh-SES/4 and part of the NEIA, all in Section 27, Township 17 North, Range 30 West. (See attachment for details as contained in part of Deed filed in Book 1349 at Page 739). Acquisition Required : 2. 11 acres by fee simple, of which 0.93 acre is currently in Gregg Avenue right of way; net compensable acquisition equals 1 . 18 acres. See attached description. Offered Compensation: $5 ,900.00 Negotiations: AHTD has had conversations with Mr. Irwin. The owners have not rejected the AHTD offer; however, Mr. Irwin has not been able to secure the approval of all of the owners at the time of this writing. The appraisal on this taking is considerably below the asking price on this land ; however, the anticipated improvement to the roadway should have considerable benefit to the parcel . There also is a movement involved to expand the right of way acquisition for Gregg Avenue beyond the scope of this project, i .e. going from the end of this project to the South line of the NANCHAR-Brooks property. The expansion of the scope of this acquisition should, in itself, not cause a delay in reaching an agreement with these owners. Mr. Irwin has expressed an opinion that the owners do not want to be part of this condemnation process; however, trying to get agreement and signatures from all of the parties may not occur in a timely manner to meet the possession requirement of January 15, 1998. If documentation is received prior to the time that the City Attorney seeks possession from the courts, this parcel will be pulled. Tract #4: Owners: UNKNOWN Address: Property: Unidentified by County Assessor's Office Part of the NY -NEI/4, Section 27, Township 17 North, Range 30 West. No deed available. Acquisition Required: 1 .47 acres fee simple, 0.32 acre temporary construction easements in two tracts. See legal description in the attached deed and easements. 9 , 05 Mud Creek Improvement Condemnation Cases Memo, Page 3 Tract #4 -- continued Compensation: $2 ,050.00 Negotiations: AHTD has done an extensive title search relative to this tract of land and has come up with some vague references in deeds prior to 1905. Sam Mathias claims he owns the land but has been unable to produce a document to that effect. Condemnation will identify such land as having unknown ownership. Tract #5: Owners: Walter S. Robinson III & Carol Van Scyoc Address: 330 Baxter Street Fayetteville, AR 72701 Phone: 501 -575-0968 Property: Part of Parcel No. 785-18133-000 Part of the Nlh-NEI/4, Section 27, Township 17 North, Range 30 West AND a part of the SI/2-SEI/4, Section 22, Township 17 North , Range 30 West as described in Deed Book 1396 at Page 549. Acquisition Required: 2. 15 acres by fee simple, of which 0.40 acre is currently in Wilkerson Avenue right of way; net compensable acquisition equals 1 .75 acres. See attached description. Offered Compensation : $7,700.00 Negotiations: AHTD met with owners and presented offer. Robinson says appraisal and offer too low. Said he wanted to get his own appraisal but will take more time than allowed for this project without going to condemnation. City will continue to work with Mr. Robinson, however this should go through the condemnation channels. Tract # 9: Owners: Tom K. Bramlett and Cheryl L. Bramlett Address: 6554 Wilkerson Road Fayetteville, AR 72704 Phone: 501 -582-1527