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Home My WebLink About1998-03-17 - Agendas - Final AGENDA FAYETTEVILLE CITY COUNCIL MEETING MARCH 17, 1998 A meeting of the Fayetteville City Council will be held on March 17, 1998 at 6:30 p.m. in the City Administration Building, 113 West Mountain Street, Room 219, Fayetteville, Arkansas. The following items will be considered: I . NOMINATING COMMITTEE REPORT 2. CONSENT AGENDA: Consideration of items which may be approved by 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 March 3, 1998 City Council meeting; B. BID 98-06: Resolution authorizing the water line extension for Salem Road. Request for additional funding and to combine project with no. 95039 into 97021 (cost share). Request for approval of a construction contract with Fayette Tree and Trench in the amount of $56,395.00. Request for approval of a project contingency of $20,000.00. Pages 5.00-5.12 C. WEDINGTON WATER & SEWER RELOCATION: A resolution approving change order #3 and Final to the contract with Edwards Design & Construction, Inc. Amendment #2 to the Engineering contract with C.E.I. Consulting Engineers. Related Budget Adjustment $30,000 for any project expenses. All referenced to Wedington Water and Sewer relocations project. Pages 6.00-6.14 3 . 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. RZA 98-4.00: An ordinance approving annexation request RZA 98-4.00 submitted by Michele Harrington, attorney, on behalf of Prestige Properties for property located north of Mt. Comfort Road and east of Hugh Mount Road. The property contains 200 acres. Item was left on the second reading at the March 3, 1998 meeting B. RZ 98-5.00: An ordinance approving rezoning request RZ 98-5 .00 submitted by Michele Harrington on behalf of Prestige Properties for property located north of Mt. Comfort Road and east of Hugh Mount Road. The property contains 200 acres. The request is to change zoning from A- 1 , Agricultural, to R- 1 , Low Density Residential. Item was left on the second reading at the March 3, 1998 meeting. C. VOLUME BASED GARBAGE COLLECTION: An ordinance approving a change to our garbage collection program and approving a budget adjustment. D. WARD BOUNDARIES: Discussion of Ward Boundaries. Pages 3.01-3.08 4. RECONSTRUCTION OF ARLINGTON TERRACE: A resolution authorizing the execution of a construction contract with Mobley construction for $ 195,509. 16 with a $30,000 contingency, and approval of a budget adjustment for $226,000.00; all in connection with the reconstruction of Arlington Terrace in Fayetteville. 5 . BID 98-06: ITEM MOVED TO CONSENT AGENDA; ITEM B. 6. WEDINGTON WATER & SEWER RELOCATION: ITEM MOVED TO CONSENT AGENDA; ITEM C. 7. GAS BOY FUELING SYSTEM: Approval of an Ordinance providing for a Bid Waiver to purchase replacement items, parts, supplies etc., pertaining to the GAS BOY Fueling system I currently in use by the City of Fayetteville. 8. PROPOSED EXTENSION OF PLAINVIEW AVENUE: Approval of a proposed project between the City and Lewis Brothers Leasing Company, Inc., wherein Lewis Brothers conveys ( 1 ) a 1 .0 acre tract of land to the City for a new fire station site and a 1 .0 acre site for the extension of Plainview Avenue from the current termination (South of Milsap) to Longview Street. The City, in turn, will design and construct the proposed extension of Plainview Avenue (approx. 730 feet). No exchange of monies between the parties are anticipated on this project. 9. RIGHT-OF-WAY ENCROACHMENT BY HMT: To approve an encroachment into the Dickson Street and Rollston Avenue rights-of-way by the HMT large scale project. 10. AMENDMENT TO THE MASTER STREET PLAN: A resolution to approve an amendment to the Master Street Plan, changing the required right-of-way for Dickson Street from 70 feet to 55 feet for a distance of 250 feet on the north side of the 200 block of Dickson Street. 11 . OTHER BUSINESS: Consideration by the Council of items that may have been presented after the agenda was prepared and distributed . 12. INFORMATIONAL Only items presented by the City Council or City Staff may be discussed during the meeting. If you have an item you wish to discuss, please contact your alderman to have it presented at the next City Council Agenda Session. For further assistance, please contact Heather Woodruff, City Clerk, at 575-8323. FINAL AGENDA INFORMATION for Mar . 17 , 1998 , Council Meeting Handouts and Changes made at agenda session : - Ward maps - - 8 maps ( 2 of each configuration D - G ) - Item 5 - - moved to consent agenda - Item 6 - - moved to consent agenda - Map for Plainview Extension number this 8 . 13 - HMT additional info - goes with item 9 Attached here : - Final Agenda - Minutes of March 3 meeting - Information items - - item # 12 VOTING RECORD Meeting of the City Council March 17 , 1998 0 TRU B ✓ PETTUS MILLER WILLIAM �✓ APER DANIEL / YO N v ZU HER MAYOR HANN LZ GoN6ENT UMBO I� PETTUS MILLER A/ WILLIAM SCHAPER DANIEL YOUNG MAYOR ' VOTING RECORD Meeting of the City Council March 17 , 1998 y ,�0 OU L au5ii✓t3s - 'I � TRU B ✓ maw �\ �0� PETTUS MILLER WILLIAMS SCHAPER DANIEL YOUNG Zug HER MAYOR HANNI 22 98-s. vo TRUMBO v / PETTUS MILLER WILLIAMS SCHAPER JDANIEL YOUNG �— MAYO HANN VOTING RECORD Meeting of the City Council March 17 , 1998 U00A M& 6;dea ZOL TRUMBO V/ 5 PET S MILLER w SCHAPER DANIEL ZOO- TRUYOU Q ZUR HER MAY R HANNA �pG PETTUS MILLER WILLTAMS ' VOTING RECORD Meeting of the City Council March 17 , 1998 3ed TRU BO PETIUS MILLER WILLIAMS SCHAPER NIEL YOUNG ZURCHER MAYOR �- car. Cas TRU ?� MBO PETTUS ✓/ ✓ ✓ MILLER ✓ ve� WILLIAMS SCH PER / �/ DANIEL 100,/ ✓ YO L/ ✓ AY R HANN VOTING RECORD Meeting of the City Council March 17 , 1998 ,�La��1✓iE �x7. L TRU BO PETTUS MILLER WILLIAMS SCH PER / DAN EL ✓ YOUNG Z R MAY R HANNP H.. 00 TRUMBO 1/ to V ZAID PETTUS LLE VLLLIAMS SCHAPER DAN EL YOU Q MAYOR HANN VOTING RECORD Meeting of the City Council March 17 , 1996 rYY� A7 ZNo 312-0 TRUMBO ✓ PETTUS MIL E / w SCHAPER DAN EL YOU Q ZURCHER - b - TRUMBO PE WILLIAMSMILLER SCH PER DANIEL YOUNG MAY OR H A MEETING OF THE FAYETTEVILLE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday , March 3 , 1998 , at 6 : 30 p . m . , in the Council Room of the City Administration Building , 113 W . Mountain , Fayetteville , Arkansas . PRESENT : Mayor Fred Hanna ; Cyrus Young , Randy Zurcher , Trent Trumbo , Donna Pettus , Stephen Miller , Kit. Williams , and Heather Daniel ; City Attorney Jerry Rose ; City Clerk/Treasurer Heather Woodruff ; staff ; press ; and audience . ABSENT : Alderman Len Schaper Mayor Hanna called the meeting to order with seven aldermen present . NOMINATING COMMITTEE REPORT Alderman Daniel nominated James Gibson to the Tree & Landscape Committee . Alderman Trumbo seconded . Upon roll call , the motion carried on a vote of 7 to 0 . Alderman Daniel reported that the Nominating Committee wishes to re - interview two candidates for the Parks & Recreation Board and should have a nominee for this board by the next Council meeting . 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 : A . Minutes of the February 17 regular City Council meeting ; B . A resolution approving an amendment to the engineering contract with Milholland and Company for the addition of right of way and easement plat preparation . Total increase will be $ 4 , 425 . 00 for Poplar Street improvements project . RESOLUTION 25 - 98 AS RECORDED IN THE CITY CLERK ' S OFFICE . Alderman Miller moved the consent agenda . Alderman Young seconded . Upon roll call , the motion carried on a vote of 7 to 0 . OLD BUSINESS REZONINGS RZ97 - 22 . 10 & RZ97 - 23 . 10 Mayor Hanna introduced ordinances rezoning 5 . 61 and 3 . 24 acres located on the north side of Wedington Drive west of Rupple Road from A- 1 , Agricultural , to R- 0 , Residential - Office , as requested by Lew Steenken on behalf of Shahryar Khajehnajafi . These were left on second reading at the February 17 meeting . 1 March 3 , 1998 Mayor Hanna explained these were being done separately because these parcels are split by a piece of land . City Attorney Rose read both ordinances for the third time . Alderman Williams announced he would be abstaining on the discussion and vote regarding this issue because a client of his has a small interest in these rezonings . Alderman Zurcher declared this is more creeping sprawl . Alderman Trumbo responded that this is sustainable commercial growth adding a tax - paying base to the City . we make money off sales tax and the school makes money off property tax . Alderman Zurcher defined sustainable growth as not growing faster than the infrastructure . Alderman Young stated the land use plan does not designate this to be commercial . There were no comments from the audience . Stephen Miller stated this area will be four - laned soon and there is commercial on the other side . There is not a more appropriate use for the area . He stated he would like to see a small commercial area there to serve that part of town . Mayor Hanna called for the vote . Upon roll call , RZ97 - 22 . 10 carried on a vote of 4 - 2 - 1 , with Aldermen Young and Zurcher voting no and Alderman Williams abstaining . ORDINANCE 4080 AS RECORDED IN THE CITY CLERK ' S OFFICE . Upon roll call , RZ97 - 23 . 10 carried on a vote of 4 - 2 - 1 , with Aldermen Young and Zurcher voting no and Alderman Williams abstaining . ORDINANCE 4081 AS RECORDED IN THE CITY CLERK ' S OFFICE . REZONING RZ98 - 2 Mayor Hanna introduced an ordinance rezoning 5 . 20 acres located north of Wedington Drive west of Salem Road from R - 2 , Medium Density Residential , to R - 0 , Residential - Office , requested by Kurt Jones on behalf of Sam Rogers . Item was left on the second reading at the February 17 meeting . Alderman Williams moved to suspend the rules and go to the third and final reading . Alderman Miller seconded . Upon roll call , the motion carried on a vote of 6 - 0 - 1 , with Alderman Young abstaining . 2 March 3 , 1998 City Attorney Rose read the ordinance for the third time . Alderman Zurcher asked if this would change the density much . Alett Little , Planning Director , replied it depends on the type of development and how much they would have developed the R - 2 . It is probably not over a 30 % change one way or the other . There were no comments from the audience . Mayor Hanna called for the vote . Upon roll call , the ordinance passed on a vote of 6 - 0 - 1 , with Alderman Young abstaining . ORDINANCE 4082 AS RECORDED IN THE CITY CLERK ' S OFFICE . RZA98 - 4 . 00 & RZ98 - 5 . 00 Mayor Hanna introduced ordinances approving annexation RZA98 - 4 . 00 and rezoning RZ98 - 5 . 00 submitted by Michele Harrington , attorney , on behalf of Prestige Properties for property located north of Mt Comfort Road and east of Hugh Mount Road . The property contains 200 acres . Item was left on first reading at the February 17 meeting . Alderman Miller moved to suspend the rules and go to the second readings . Alderman Williams seconded . Upon roll call , the motion carried on a vote of 7 to 0 . City Attorney Rose read RZA98 - 4 . 00 and RZ98 - 5 . 00 for the second time . Alderman Trumbo reported he has received many calls from citizens in this area who have concerns about the infrastructure here . He stated the City can address and work out these problems over time . A lot of time and effort has gone into this decision . This is the best site for this school . The City will acquire a Gulley - Park - size park on the west side of town . The alternative site next to Holcomb would require a great deal more money to develop . Alderman Williams agreed this is a good site for the school and good for the City , economically and aesthetically . Alderman Daniel stated the site is attractive and the park would be a good addition to that part of town . She asked how the traffic counts compare to other roads in town . Mt . Comfort road has an average of 5 , 513 cars per day . Charles Venable , Assistant to the Public Works Director , responded that Sang Avenue west of Wedington has around 5 , 000 . Drake Street north of the University has around 5 , 000 . Zion Road has over 5 , 000 . Huntsville Road has over 6 , 000 . Old Wire has 3 March 3 , 1998 71500 . Old Missouri has around 5 , 000 . Poplar and Sycamore are about 5 , 000 . These are all two lane . College has 30 , 000 . Wedington has around 16 , 000 . Crossover Road has around 16 , 000 . Venable stated Mt . Comfort has always carried a good amount of traffic . This average is less than one done before . The recent count was taken over a three - day period . The traffic light at Salem and Wedington has affected some of the traffic . Alderman Trumbo asked if this development would make that road very dangerous to pedestrians and students . Venable replied if everything out there developed within two years , the traffic would probably increase about 1 , 000 vehicles a day . In five years , there would be between 2 , 000 and 3 , 000 vehicles a day . He stated these roads can carry more than that . Mt . Comfort is narrow and some work will have to be done on it sooner or later . when we get to around 10 , 000 vehicles a day , we ' ll need to look at widening . The right of way is very narrow . Additional rights of way will have to be acquired . There could be other connections made . Alderman Pettus asked about sewer and water capacity . Kevin Crosson , Public Works Director , replied he believes we can handle this . Regarding stream studies , he stated our consultant is getting the assumptions we are using pre - approved with DPC&E . Alderman Young asked about the flood way and flood plain . Alett Little , Planning Director , stated this flood plain data takes into account all the recent development in Fayetteville . Alderman Zurcher stated he thought there had been a consensus to read this at three meetings . Alderman Williams stated this has been considered for a long time and the school would like to move forward , so he would rather make a decision at this meeting . Malcolm McNair , representing the Fayetteville School Board , stated they wish to purchase property in this area for a new middle school . They have looked long and hard for a site on the west side that is comparable in topography to the Vandergriff site , in order to build two identical schools , which will save money . This site provides a site similar to Vandergriff . It is estimated it will save $ 350 , 000 . Mr . McNair read a resolution written by the School Board last week which urged the Council to advance its deliberations and approve the annexation and rezoning request at this Council meeting . Bobby New , School Superintendent , explained how critical this vote is . The School District is at a crossroads . Several months ago the School Board approached the Council with another proposed 4 March 3 , 1998 site . The District took note of what the Council said at that time : to go back and look at another site and that the City was not interested in approving a road that would create problems and cost the taxpayers approximately $ 500 , 000 . He stated the School Board voted unanimously to approach the Council to recommend approving this annexation and rezoning . Dr . New informed the Council that the School Board had met that afternoon . At that meeting , he told the Board the second option is no longer an option . The Holcomb site will cost in excess of $ 350 , 000 more . It is not the same quality site as this one is , nor is it equitable to the Vandergriff site . It does not have room for expansion . This leaves only one option , the site being discussed . If this site is not approved , the project could be put back as much as a year . Kathy Phoenix , Presidents Council of the Fayetteville School District , asked the City Council to support this annexation and rezoning . It will benefit all citizens of Fayetteville . The 44 acre park is a wonderful opportunity to mesh classroom theory and practical application for data collection and field study . She urged that the vote be taken at this meeting . Rob Dzur , Ward 1 , stated the DPC&E is holding up information needed to make a clearly evaluated decision . He encouraged getting all the information about the infrastructure . Mayor Hanna stated staff has calculated we have the capacity to handle this . Alderman Trumbo noted it is planned for this to take ten years to be completely built . Tim Reynolds , developer , stated it could be 2 . 5 to 3 . 5 years before construction of the first phase . Alderman Daniel pointed out there will be other development impacting the sewer system . Terri Mullen , Meadowlark Drive , asked the Council to approve this annexation and rezoning . This is the type of growth she would like to see and is much preferred to a grocery store . She asked the Council to decide on this at this meeting , as the next meeting would be during spring break . She stated she did not notice a negative increase in traffic when Holcomb opened , because many students are bused from the west . A resident of Double Springs Road stated safe roads need to be considered . Regarding making the decision at this meeting , she said the announcement for the first reading did not mention the amount of acres . The second notice , which did mention the acreage , came out the same day as the Council meeting . She stated people have not received the kind of notice they should have and it does not look good to be pushing it through . . 5 March 3 , 1998 Alderman Daniel stated there have been many articles about this annexation . Alderman Trumbo stated before this gets to the Council , it goes through Planning Commission . Alett Little stated Planning notifies adjoining landowners by letter and two notices are put in the paper . A teacher with the Fayetteville School District stated the Council is faced with the essential question of is this a good choice of land use for the City of Fayetteville . She asked the Council to think about this as smart growth . The developer is making concessions , which are park land in excess of greenspace and the road from the school to Rupple Road . This sends a message to developers to come to the Council with the City ' s needs in mind . She stated this middle school is needed to meet student needs . The money saved on this site could be used for start - up funds . This site would provide a useful outdoor laboratory . Wilson Kimbrough , Mt . Comfort Road , stated he did not see the City counting the traffic . The City did not see the hundred or more dump trucks using Mt . Comfort Road . If this 200 acres gets developed , there will be a lot more trucks . He asked if the majority of the Council had voted to not let high density be annexed on the northeast side of Fayetteville . Alderman Trumbo replied that annexation was passed but the Council did not approve the R - 1 zoning that was requested . Mr . Kimbrough stated the attention given to the people of that section is not being given to the northwest and never has been . He pointed out there has not been any expression of people ' s feelings of concern about this high density annexation . He stated this should be put off for two more weeks . He pointed out that Alderman Schaper , who is highly verbal and understanding of the people who live in that section , was not present at this meeting . Mr . Kimbrough stated several people are depending on him to give their views that they do not want this annexation in this fashion . He reported there have been quite a few car wrecks in this area recently . This needs to be discussed . More traffic means more wrecks . Mr . Kimbrough stated he detected meetings have taken place that have caused members of the Council to make up their minds and these meetings have not been public . Alderman Zurcher responded that the Council tours sites the day before a Council meeting , which is also a public meeting . The press was present when the Council toured this site . He stated nothing secret is going on . Mr . Kimbrough stated the knowledge of what is going on with this 6 March 3 , 1998 200 acres is slowly increasing . Not everyone reads the paper and it is not always easy to find out what is going on . It is very proper to carry this out over three meetings and not two . People are just beginning to know what is going on . Jack Butt , citizen , stated the School District has the complete legal and fiscal ability to take an unacceptable site and cram a school onto it and put the same amount of traffic on Mt . Comfort that will be at the new site anyway . That ' s the choice if the City won ' t cooperate . On the other hand , we could take a pristine site that will be developed no matter what and get a wonderful park and a school built cheaply and have controlled , supervised , well - planned growth . He could not see any benefit to forcing the School District to do something that has been characterized as not even an option . We need more parks like Wilson and Walker , where you see hundreds and thousands of people using them all the time . He could not see any conceivable better choice than this . Alderman Daniel reported that all the calls she has received about this have been in favor of the project . Alderman Williams stated the Council has been looking at this issue quite a while . The same arguments have been heard . It has been before the Council once before . Many aldermen have been contacted by many people . The School Board has taken action . The PTA has taken action . He did not think delaying the vote would serve any purpose . Alderman Zurcher stated reasons for waiting include the absence of Alderman Schaper and the fact that this is a large annexation . He agreed with the need for middle schools . His only problem with this site is the annexation of 200 acres for a 20 acre site , which is what the State says is necessary . He noted the City recently sold 20 acres for $ 1 . 5 million and maybe the School Board and City need to work closer together . We could have made a good deal with the School Board instead of paying for a road . He stated the State could probably work something out , like shared use of Ramay . He urged the Council not to vote on this until both aldermen from the ward are present . Alderman Trumbo stated he would not respond positively to a request to vote at this meeting if it came from the developer , but the School Board ' s concerns are different and we should be expedient . He stated two weeks would not change his vote . Alderman Miller stated this developer is saying they will build what the Councils he ' s sat on have demanded through the years . Linking this to the parks and School Board was a shrewd move . He stated he supports the School Board ' s ability to make this decision and would not change his mind in two weeks . James Shumate , Mt . Comfort Road , stated a middle school next to Holcomb would mean more congestion and become a safety factor . 7 March 3 , 1998 Alderman Pettus stated the site is a beautiful site that will benefit the City greatly and developers will help pay for the road . In time , we can deal with our infrastructure problems . Alderman Williams moved to suspend the rules and go to the third and final reading . Alderman Pettus seconded . Upon roll call , the motion failed on a vote of 4 to 3 , with Aldermen Young , Zurcher , and Daniel voting no . RZA98 - 4 . 00 and RZ98 - 5 . 00 were left on second reading . NEW BUSINESS VA97 - 11 . 00 Mayor Hanna introduced an ordinance approving a utility easement vacation , VA97 - 11 . 00 , as requested by Virginia Davis for property located at 3033 North Quail Creek Drive . The requested vacation is for the east 8 ' of the west 20 ' , excluding both the north 10 ' and the south 10 ' of Lot 5 . City Attorney Rose read the ordinance for the first time . Alderman Daniel moved the ordinance to the second reading . Alderman Miller seconded . Upon roll call , the motion carried on a vote of 7 to 0 . City Attorney Rose read the ordinance for the second time . There were no comments from the audience . Alderman Trumbo moved to suspend the rules and go to the third and final reading . Alderman Daniel seconded . Upon roll call , the motion carried on a vote of 7 to 0 . City Attorney Rose read the ordinance for the third time . Mayor Hanna called for the vote . Upon roll call , the ordinance passed on a vote of 7 to 0 . ORDINANCE 4083 AS RECORDED IN THE CITY CLERK ' S OFFICE . RZ98 - 3 . 00 Mayor Hanna introduced an ordinance approving rezoning request RZ98 - 3 . 00 , as submitted by Dale Frederick on behalf of the City of Fayetteville for property located at 4500 South School Avenue . The property contains 525 . 40 acres . The request is to change the zoning from A- 1 , Agricultural , and C - 1 , Neighborhood Commercial , to I - 1 , Heavy Commercial and Light Industrial . City Attorney Rose read the ordinance for the first time . 8 March 3 , 1998 Alderman Williams noted that the Planning Commission voted 8 - 0 - 0 to recommend this rezoning . Alderman Miller stated this is a large rezoning , but having an airport that ' s A- 1 and C - 1 doesn ' t make sense . Alderman Daniel stated she has received no input from the public . It does not seem to be a concern . Mayor Hanna stated this is just to straighten out something that should have been done many years ago . Alderman Young pointed out that the Planning Commission said this land can be rezoned again if it ceases to be used as an airport . Mayor Hanna asked for comments from the audience . Alderman Trumbo asked the Airport Marketing Director if there are plans to develop this other than for passenger usage . Rudy Purr , Airport Marketing Director , stated the Airport Board voted unanimously for this . The infrastructure is in place to handle the development on the east side . This is a continuation of following the City ' s guidelines in developing the corporate industrial purposes of the airport . There was a roadblock to further development because of the zoning . Alderman Williams moved to suspend the rules and go to the second reading . Alderman Miller seconded . Upon roll call , the motion carried on a vote of 6 to 0 , with Alderman Daniel absent for the vote . City Attorney Rose read the ordinance for the second time . Alderman Miller moved to go to the third and final reading . Alderman Pettus seconded . Upon roll call , the motion carried on a vote of 6 to 0 , with Alderman Daniel absent for the vote . City Attorney Rose read the ordinance for the third time . There being no further comments , Mayor Hanna called for the vote . Upon roll call , the ordinance carried on a vote of 6 to 0 , with Alderman Daniel absent for the vote . ORDINANCE 4084 AS RECORDED IN THE CITY CLERK ' S OFFICE VOLUME - BASED GARBAGE COLLECTION Mayor Hanna introduced an ordinance approving a change to our garbage collection program and approving a budget adjustment . City Attorney Rose read the ordinance for the first time . 9 March 3 , 1998 Mayor Hanna stated this is a good idea as we need to make our garbage fees equitable . However , we should be giving out 104 bags and make arrangements for the elderly and people who live alone . Also , asking a family to use one bag one week and two bags the next is not practical . It may lead to people disposing of garbage on their own . He had no objection to charging $ 1 . 50 per bag over what we allow , but we should give 104 bags rather than 78 . Alderman Zurcher agreed . He favors finding a way for people to get credits on the bags they don ' t use or some sort of rebate . Alderman Miller stated an entire meeting of the Environmental Concerns Committee was spent discussing the number of bags to allow . Staff had asked to be allowed to determine the number of bags so they could get a year of data on how this is going to work . He stated Cheryl Zotti has agreed to look into the needs of low income and elderly citizens . He mentioned after Christmas might be a time for the City to pick up more than what is generally allowed . Alderman Daniel also had concerns about the number of bags . She asked how it was chosen . Cheryl Zotti , Environmental Affairs Administrator , passed around a sample of the bag to be used . She stated staff recommended 104 bags in order to provide 2 bags per week . Sixty gallons per household was planned for in the rate study . The first year would be a time of teaching about waste control in the home . We do not want to make it too restrictive . There are a lot of people who generate a lot more than two bags a week . Our goal is to teach them to use these bags the first year . It will most likely change over the next few years . Alderman Williams asked if the primary purpose for going to the volume based plan is that we have to collect more money now . Zotti replied that is one of the reasons . The timing of this is related to the fact that we are implementing a new recycling program which will cost an additional $ 162 , 000 per year . This program will generate revenue . Alderman Williams stated the waste audit showed households are placing an average of five to six bags out each week . With the new system , the average resident will not be able to put out as much trash . Zotti agreed it would be difficult . They would need to be conscious of how they recycle . Alderman Williams asked how much money this program is supposed to raise . Zotti replied it is estimated that through decreased disposal 10 March 3 , 1998 rates and selling at least one additional roll of bags to 30 % of the residents , it will generate approximately $ 189 , 000 per year . Alderman Williams questioned the statement in the report that 301 of the residents buying one roll of bags a year at $ 30 would generate $ 153 , 000 . The cost of the bags will cost the City $ 131 , 000 , so the net increase would be about $ 22 , 000 . Zotti responded that we won ' t have the expense of purchasing the blue bags , approximately $ 60 , 000 per year . Alderman Williams stated this is a savings on the recycling end but has nothing to do with volume metric pricing . We ' ve already agreed to go to the bin program and so already have that $ 60 , 000 in savings . Zotti stated that when the bin program was presented , it was stated there would be two choices to raise the additional revenue : a rate increase or this type of program . Alderman Williams questioned how much will actually be raised according to this plan . If you raise $ 153 , 000 more from residents by requiring them to buy additional bags , but are paying $ 131 , 000 to supply bags plus $ 7 , 000 for the bags to be sold , the only revenue being realized is $ 14 , 800 . We are collecting $ 153 , 000 but 901 and more is going to the bag sellers . That is not good management . We are not realizing much money but are taking a lot from our citizens to make this work ; and that is just the cost of the bags , not the administration or anything else . Zotti stated they did not approach it this way , deducting expenses . We first said we would provide a bag program and recognized it would cost $ 131 , 000 to purchase the bags . We had the savings from not purchasing the blue bags to do this . Alderman Williams stated we already have that savings anyway and it is one of the reasons we are going to the bin program . That savings helps that project make more sense . It should not be tied into this pricing . Alderman Zurcher stated that to make it equitable would be to have a basic charge for recycling then put it on subscription service and charge the exact cost of the bags and landfilling . Alderman Williams stated there is an estimated $ 36 , 000 saving if we reduce trash flow by 101 . If you add that to the $ 14 , 800 revenue , you then get about $ 50 , 000 . If we decide not to go to volume based bags and don ' t spend the money on bags , we could raise our rates by $ . 25 for every household and not change anything else - - not buy the bags - - and we ' d still get the $ 50 , 000 in savings . If you don ' t get that $ 36 , 000 and only collect the $ 14 , 800 , it is $ 1 a year per household that we ' d have to raise our rates . We need to look closely at the finances on this . 11 March 3 , 1998 Kevin Crosson , Public Works Director , stated the bags are not necessarily a vehicle to get the trash into the landfill ; they are a tool to educate the public about recycling . This was taken as a unified proposal to the Environmental Concerns Committee coupled with the curbside recycling program . On the volume rate proposal , the Committee was given two options . The Committee chose the volume metric rate proposal over the rate increase . Alderman Miller wondered why the solid waste department is expected to make money when no other department is . Lonnie Gibson , audience member , remembered a few years back when garbage was picked up twice a week . Now it is picked up once a week and you pay separately for yard waste . He felt paying $ 1 . 50 for a bag is an insult and the bags are not needed . He would rather see a rate increase and use his own bags . He thought the bag system could be a burden under circumstances like landlords cleaning up after tenants . Bill Stiles , 117 Rock , does not want to be charged for half a bag of trash . He had concerns about dogs getting into the garbage bags and was told the bags will fit in garbage cans . He stated he has a problem with dumpsters being picked up at 5 : 30 in the morning , which disturbs his bed and breakfast customers . He thought this might violate the noise ordinance . Kevin Crosson offered to pick this up later in the day . This item was left on first reading . AERIAL DATA SERVICES CONTRACT Mayor Hanna introduced a resolution awarding a one - year contract with annual renewals subject to budget approvals to Aerial Data Services for aerial photography , digital , and planimetric data . John Goddard , Data Processing , stated this is black and white photography and digital imagery . Alderman Miller moved the resolution . Alderman Trumbo seconded . Upon roll call , the motion carried on a vote of 5 to 0 , with Aldermen Young and Pettus absent for the vote . RESOLUTION 26 - 98 AS RECORDED IN THE CITY CLERK ' S OFFICE . 4 - COUNTY REGIONAL SOLID WASTE MANAGEMENT DISTRICT BOARD Mayor Hanna introduced a resolution approving the appointment of Cheryl Zotti , Environmental Affairs Administrator , as the City of Fayetteville ' s representative on the 4 - County Regional Solid Waste Management District Board . Mayor Hanna explained that Ms . Zotti is the one who keeps up with the 4 - County Solid Waste Management District and goes to all the 12 March 3 , 1998 meetings . Alderman Williams moved the resolution . Alderman Daniel seconded . Upon roll call , the motion carried on a vote of 7 to 0 . RESOLUTION 27 - 98 AS RECORDED IN THE CITY CLERK ' S OFFICE COMMUNITY ROOM PROPOSAL Mayor Hanna introduced a letter submitted by Cyrus Young on behalf of Michael H . Thomas , Library Board President , regarding an alternate plan for a Community Meeting room at the Fayetteville Public Library . Michael Thomas , Library Board President , stated this is the proposal , not an alternative . It is part of a long - range development plan for expansion . Because of the town center issue coming up , the Library was persuaded to do this now . He explained the current policy has been changed regarding use of the existing room . There is no charge for use of the room when the library is open . There is a $ 25 clean - up deposit , which is returned if the room is returned to its original order . After hours , there will be a charge of $ 10 an hour for an employee to be there . Mr . Thomas stated the plan provides for a 1 , 440 sq . ft . , self - contained meeting room , raised stage , and handicap access . It will hold 75 adults or 160 children . Adjacent to that will be an 850 sq . ft . area for the entrance lobby/gallery , restrooms , kitchen preparatory facility , and a staff breakroom . The entire area can be sealed off from the rest of the library , giving 24 - hour access for events and programs . Improved lighting is needed for the parking lot . The estimated cost is from $ 150 , 000 to $ 225 , 000 . Mr . Thomas stated he is asking the Council to consider providing funding for an architect to do the initial design work and cost estimation . Architect fees for a project this size are from $ 15 , 000 to $ 22 , 000 plus about $ 2 , 000 for reimbursable expenses . Initial schematics design and development require from $ 6 , 500 to $ 9 , 200 . Mr . Thomas referred to the town center proposal regarding a meeting room . The library is two to three times larger and will cost much less . Louise Schaper , Library Director , gave a presentation using the overhead . She showed the existing space of the library that will be involved . Because of the bathroom arrangement , in the past the library had to remain open ; without staff present , items have been lost , which is why there is a charge for staff to be present when the library is not open . 13 March 3 , 1998 Ms . Schaper showed a rough conceptual plan for the proposed community room . A possible long - range plan would be to use a currently rented - out space for a corporate boardroom to be used by small businesses for meetings . This is now rented by the Ozark Regional Library System . Alderman Williams was concerned about making decisions based on a rough conceptual plan . The staff may need to look at it . Normally , proposals don ' t come to the Council outside budgeting and the CIP . Ms . Schaper stated this came forward out of concern that the City is considering spending the money somewhere else . There is no hurry . If not now , they would be coming back when the budget is set . Now , they are simply asking for the ability to get started with an architect . Ben Mayes , Administrative Services Director , stated this would come out of fund balance . Ms . Schaper stated they are asking for architectural services for initial schematics and design development , the $ 6 , 500 to $ 9 , 200 . Kevin Crosson , Public Works Director , stated the project itself would have to go through the CIP . Mayor Hanna suggested having staff draw up a proposal showing where the money would come from and what we would need and then present it as an agenda item . Alderman Zurcher asked what the Regional Library does and if it needs the space it rents . Mr . Thomas asked to put that question on hold . Alderman Trumbo asked what the mechanism is to approve the money for hiring an architect . Mayor Hanna replied that the necessary information and a budget adjustment for the architectural services will be included in the next agenda under old business . TIBETAN NATIONAL INDEPENDENCE DAY Mayor Hanna introduced a resolution proclaiming March 10 , 1998 , Tibetan National Independence Day in Fayetteville , Arkansas . Frank Parigi , Students for a Free Tibet , read the resolution . He stated that as a result of the past activities of visiting Tibetan monks , the people of Northwest Arkansas have contributed $ 18 , 000 directly to the Tibetan people and have studied Tibet . The story of Tibet is one that reflects what can happen to a nation when freedom is denied . Fayetteville has an opportunity to play a part in on - going , peaceful efforts of the Tibetan 14 March 3 , 1998 people to gain the rights we know are crucial to peace and happiness of individuals and nations . The more people who become involved in creating a better world , the sooner that world will happen . Bill Sims , Fayetteville resident , Congregationalist minister , and President of the Northwest Arkansas Buddhist Association , stated this is a unique situation for a city government . This is an international issue that has been going on for 39 years and has received increased attention in the past five years . It is important because this is a group of people who represent a native culture that has been active for 1 , 200 years and uninterrupted until 1958 . This is a case where local folks can make an international impact . They are not getting recognition from major governments because of the Chinese government ' s influence . This is why the monks have been coming here for the last four years . Alderman Williams moved the resolution . Alderman Miller seconded . Alderman Trumbo noted that resolutions of this type could be directed to many places in the world and wondered if this is where the Council is going . He was concerned about discriminating against other causes . Alderman Zurcher stated that any group who has this kind of point about repression of human rights deserves to have the Council consider it . Alderman Williams stated Tibet is fairly unique . Tibet ' s problem has gone on for a longer time and a larger part of their population has been killed or exiled than any other place . Rev . Sims stated that the visiting monks have been made honorary citizens of Fayetteville . He stated Amnesty International has indicated that an effective means for change is through local support . Alderman Daniel stated this would be setting a precedent and the Council may receive resolutions that are not as clear as this and very political . Upon roll call , the resolution passed on a vote of 7 to 0 . RESOLUTION 28 - 98 AS RECORDED IN THE CITY CLERK ' S OFFICE . MUD CREEK BUDGE ADJUSTMENT Mayor Hanna introduced a resolution approving the contract for Construction of AHTD Job 040179 , F . A . P . BRN - 9142 ( 7 ) , Mud Creek Str . and Apprs . ( Fayetteville ) Washington County with Souter Construction co . , approval for the City ' s matching funds , and budget adjustment in the amount of $ 540 , 000 . Matching funds for 15 March 3 , 1998 the construction of this project total $ 454 , 498 . 71 . Mayor Hanna informed the Council that if this is passed at this meeting , the only thing preventing this from being completed this year would be procuring the steel . Charles Venable , Assistant to the Public Works Director , stated the traffic count taken just after Joyce Street opened was 7 , 000 cars a day on this one - lane bridge . It has increased since then . This project will provide four lanes . Alderman Williams moved to accept the resolution . Alderman Daniel seconded . Upon roll call , the resolution passed on a vote of 7 to 0 . RESOLUTION 29 - 98 AS RECORDED IN THE CITY CLERK ' S OFFICE . USE OF SQUARE GARDENS FOR OUTSIDE DINING Mayor Hanna introduced consideration of a conceptual plan for outdoor dining on park property located within the Square Gardens . Mike O ' Brien , Cafe Company , stated there is an area where they have an existing easement that is part of the Parks Department that they would like to turn into outdoor dining . He passed out a handout regarding what is being proposed . He asked that the Council review this and recommend that the staff negotiate an agreement for the purpose of using this area for outdoor dining . Richard Alderman , architect , used a drawing to walk through the area . He pointed out how this would provide convenient access for the handicapped . He stated this would not impact any of the existing gardens , except for moving a potting shed . Mr . O ' Brien stated this area would be closed to the public during non business hours . They are looking at the screening requirements . Alderman Williams stated he would hate to see a tall fence . Outdoor dining was recommended in town meetings to enhance the downtown area . The attractiveness of this would be in sitting by the garden . Mr . Alderman stated the screening is required and dictated by ABC . He stated he wanted the Council ' s approval to begin negotiation with the City staff to come up with what the City requires . They would also work with the historic people . Mr . O ' Brien stated the State law requires the classification of private club if open and serving alcohol on Sundays . Alderman Williams stated he has a problem with making a public space into a private club . He pointed out that Jose ' s is both a 16 March 3 , 1998 private club and not a private club . Mr . O ' Brien stated an integral part of their concept is the ability for people to imbibe and have choices of where they want to sit . The screening is a requirement for the liquor license . Mr . Alderman stated there is no need to explore what the exact screening requirements are unless the Council gives some indication they are interested in this concept . Alderman Young stated the Council would want to have that information . Alderman Zurcher expressed reservations about having alcohol out in the Square Gardens . Alderman Miller cautioned the Council about setting a precedent for leasing park land to a business . Mayor Hanna stated the request is for approval for this business to work out with staff a plan to lease the easement and to have it presented to the Council . Alderman Trumbo moved this approval . Alderman Pettus seconded . Lonnie Gibson , former owner of the Old Post Office Restaurant , encouraged the Council to support this club . He stated he would like to be able to have a drink outside . This will bring people and money to the Square . Upon roll call , the motion carried on a vote of 7 to 0 . WARD BOUNDARIES Mayor Hanna introduced discussion of ward boundaries . Mayor Hanna suggested that each alderman chose a configuration from the four suggested and submit it at the agenda session . This would be added first under old business at the next meeting . Alderman Pettus asked for population trends . Ben Mayes , Administrative Services Director , stated the choices are Alderman Schaper ' s , configuration D ; Alderman Williams ' s , configuration E ; Alderman Young ' s , configuration F ; and Randy Zurcher ' s , configuration G . Adjournment Mayor Hanna adjourned the meeting at 10 : 05 p . m . 17 CITY OF FAYETTEVILLE BID QUOTATIONS #1 Purchase Date March 5, 1998 Investment Offered $875,000.00 ($895,000.00 ifT—Bill) Maturity Date Requested August 27, 1998 Number of Days 175 Days AWARDED NATIONSBANK MCILROY BANK OF FAYE BANK OF ARK SETTLEMENT DATE 03/05/98 03/05/98 03/05/98 03/05/98 MATUR ITY DATE 08/27/98 08/27/98 08/27/98 08/27/98 DISCOUNT OR COUPON RATE YIELD DAYS BID 175 175 175 175 T—BILL BIDS CALCULATED YIELD FACE VALUE BOOK VALUE HANDLING FEE 2.00 T—BILL INTEREST EARNINGS T— NOT /OTHER BIDS FACE VALUE BOOKVALUE HANDLING FEE 2.00 T—NOTE INTEREST EARNINGS CALCULATED YIELD DISCOUNT/(PREMIUM) PURCHASE INTEREST CD BID No Bid No Bid No Bid 5.250 CD INTEREST EARNINGS 22,588.15 INTEREST ON INTEREST BASIS CD EFFECTIVE YIELD 5.380 T—BILL EFFECTIVE YIELD T— NOTE/OTHER EFFECTIVE YIELD INVESTMENT NUMBER 5660001113 LOGGED ON COMPUTER BY LOGGED OFF COMPUTER BY ADMINISTRATIVE SERVICES DOR OR DESIGNEE 12 . 02 Page 2 of 2 CITY OF FAYETTEVILLE BID OUOTATIONS #1 Purchase Date March 5, 1998 Investment Offered $875,000.00 ($895,000.00 ifT—Bill) Maturity Date Requested August 27, 1998 Number of Days 175 Days A. G. EDWARDS DEAN WITTER LLAMA CO. MERRILL LYNCH SETTLEMENT DATE 03/05/98 03/05/98 03/05/98 03/05/98 MATURITY DATE 08/27/98 08/27/98 08/27/98 08/27/98 DISCOUNT OR COUPON RATE 5.030 5.000 YIELD 5.230 5.198 DAYS BID 175 175 175 175 T—BILL BIDS CALCULATED YIELD 5.231 5.198 FACE VALUE 895,000.00 895,000.00 BOOK VALUE 873,104.00 873,248.53 HANDLING FEE 2.35 T—BILL INTEREST EARNINGS 21 ,898.00 21 ,753.47 T—NOTE/OTHER BIDS FACE VALUE BOOKVALUE HANDLING FEE 2.35 T— NOTE INTEREST EARNINGS CALCULATED YIELD DISCOUNT/(PREMIUM) PURCHASE INTEREST CD BID No Bid No Bid CD INTEREST EARNINGS INTEREST ON INTEREST BASIS CD EFFECTIVE YIELD T—BILL EFFECTIVE YIELD 5.231 5.195 T— NOTE/OTHER EFFECTIVE YIELD INVESTMENT NUMBER 5660001113 LOGGED ON COMPUTER BY LOGGED OFF COMPUTER BY ADMINISTRATIVE SERVICES DIPtR OR DESIGNEE 12 . 03 Pagel of 2 CITY OF FAYETTEVILLE BID QUOTATIONS #2 Purchase Date March 5, 1998 Investment Offered $895,000.00 ($920,000.00 if T— Bill) Maturity Date Requested September 3, 1998 Number of Days 182 Days AWARDED NATIONSBANK MCILROY BANK OF FAYE BANK OF ARK SETTLEMENT DATE 03/05/98 03/05/98 03/05/98 03/05/98 MATURITYDATE 09/03/98 09/03/98 09/03/98 09/03/98 DISCOUNT OR COUPON RATE YIELD DAYS BID 182 182 182 182 T—BILL BIDS CALCULATED YIELD FACE VALUE BOOK VALUE HANDLING FEE 2.00 T—BILL INTEREST EARNINGS T— NOTE/OTHER BIDS FACE VALUE BOOK VALUE HANDLING FEE 2.00 T—NOTE INTEREST EARNINGS CALCULATED YIELD DISCOUNT/(PREMIUM) PURCHASE INTEREST CD BID No Bid No Bid No Bid 5.300 CD INTEREST EARNINGS 24,250.98 INTEREST ON INTEREST BASIS CD EFFECTIVE YIELD 5.434 T—BILL EFFECTIVE YIELD T— NOTE/OTHER EFFECTIVE YIELD INVESTMENT NUMBER 5660001114 LOGGED ON COMPUTER BY LOGGED OFF COMPUTE1n\TERBY J v ADMINISTRATIVE SERVICES DIREC OR DESIGNEE 12 . 04 Page 2 of 2 CITY OF FAYETTEVILLE BID QUOTATIONS #2 Purchase Date March 5, 1998 Investment Offered $895,000.00 ($920,000.00 HT—Bill) Maturity Date Requested September 3, 1998 Number of Days 182 Days A. G. EDWARDS DEAN WITTER LLAMA CO. MERRILL LYNCH SETTLEMENT DATE 03/05/98 03/05/98 03/05/98 03/05/98 MATUR ITY DATE 09/03/98 09/03/98 09/03/98 09/03/98 DISCOUNT OR COUPON RATE 5.020 5.010 YIELD 5.230 5.212 DAYS BID 182 182 182 182 T—BILL BIDS CALCULATED YIELD 5.226 5.212 FACE VALUE 920,000.00 920,000.00 BOOK VALUE 896,633.38 896,697.93 HANDLING FEE 2.35 T—BILL INTEREST EARNINGS 23,366.62 23,302.07 T— NOTE/OTHER BIDS FACE VALUE BOOKVALUE HANDLING FEE 2.35 T— NOTE INTEREST EARNINGS CALCULATED YIELD DISCOUNT/(PREMIUM) PURCHASE INTEREST CD BID No Bid No Bid CD INTEREST EARNINGS INTEREST ON INTEREST BASIS CD EFFECTIVE YIELD T—BILL EFFECTIVE YIELD 5.226 5.211 T— NOTE/OTHER EFFECTIVE YIELD INVESTMENT NUMBER 5660001114 LOGGED ON COMPUTER BY LOGGED OFF COMPUTER BY ADMINISTRATIVE SERVICES DIRECTR OR DESIGNEE