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Home My WebLink About1998-04-07 - Agendas - Final AGENDA FAYETTEVILLE CITY COUNCIL MEETING APRIL 7, 1998 A meeting of the Fayetteville City Council will be held on April 7, 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: NOMINATING COMMITTEE REPORT 1. CONSENT AGENDA: 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. APPROVAL OF MINUTES: B. MUD CREEK WATER LINE RELOCATION: Approval of the contract for Water Line Relocation for Mud Creek Str. and Apprs. with United Plumbing in the amount of $80,050.00. Approval of 15% contingency amounting to $12,000. The total funds requested being $92,050. Pg 1.1-1.16 C. FULTON SANITATION SERVICES, INC.: Review of Amendment 2 of contract with Fulton Sanitation Services, Inc. for processing and marketing of the City's collected curbside recyclables. Pg 1.17-1 .28 D. OLD ANIMAL SHELTER RENOVATION: Approval of a project with Johnson Mech for installation of plumbing and HVAC systems in Old Animal Shelter Renovation. Rates per annual plumbing contract (Res 45-96). Not to exceed $44,500.00. Pg 1.29-1.52 E. CHANGE ORDERS 6 AND 7 FOR 24TH STREET: Approval of Change orders 6 and 7 to the Contract for Reconstruction of 24th Street with APAC Arkansas Inc., McClinton-Anchor Div, in the amount of $61 ,420.86. Approval of a budget adjustment for $ 130,000. Pg 1.53-1.62 F. SUMMIT WATER TANK: Approval of a contract with Avanti Demolition to demolish Summit water tank and water filter building and approval of a Budget Adjustment. Pg 1.63-1.78 G. CLEVELAND ST. IMPROVEMENTS: A resolution authorizing the execution of a contract with Crafton, Tull, and Associates for engineering services in connection with the design of improvements to Cleveland Street from Garland Avenue to Gregg Street in the amount of $58,431 .83 plus a contingency of $ 15,000.00. Pg 1.79-1 .94 H. CONSIDERATION OF 240 E. CENTER STREET: Approval of the Offer and Acceptance Contract with Mary and Barbara Carr for acquisition of the property at 240 E. Center. In addition, staff request a resolution to donate the property to Habitat for Humanity of Fayetteville, Inc. Pg 1.95-1.110 2. OLD BUSINESS: Items that have been brought before the Council, but were tabled or no decision was made to allow further discussion or more information to be presented. A. VOLUME BASED GARBAGE COLLECTION: An ordinance approving a change to our garbage collection program and approving a budget adjustment. B. WARD BOUNDARIES: Discussion of Ward Boundaries presented by Alderman Williams and Alderman Zurcher. NEW BUSINESS: 3. SEWER USE ORDINANCE AMENDMENT: Revision of Chapter 51 ; Water and Sewers, Discharge and Pretreatment Regulations, of The Code of Fayetteville. 4. RAZE AND REMOVAL: Approval for raze and removal of structure at 2173 W. Deane as per Ordinance 3948. 5. GREENSPACE WAIVER FOR DINERSTEIN APARTMENTS: A resolution waiving the greenspace land requirement in part and accepting 1 .28 acres and $34,800 money in lieu for the proposed Dinerstein Apartment Complex. 6. RZ 98-6.00: Rezoning request for property located at the southeast corner of Cato Springs Road and Razorback Road. The property is zoned I- 1 , Heavy Commercial-Light Industrial and contains approximately 19.47 acres. The request is to rezone the property R-2, medium Density Residential. 7. AD 98-5.00: Administrative item (Advanced Towing) A request submitted by Nick Jeffries of Advanced Towing for property located at 331 West Poplar Street. The request is to allow barbed wire on the fence surrounding the impound lot for a towing business. 8. IMPROVEMENT DISTRICT No. : Petition to form Fayetteville Municipal Property Owner's Improvement District No. 4-Hawg Heaven Subdivision Project. 9. AFFIRMING PLANNING COMMISSION FINDINGS: An ordinance requiring the Planning Commission to take a separate vote to affirm findings. 10. ENTRY PLAZA FOR PROPOSED TOWN CENTER: Recommendation from the City Council on whether or not to proceed with negotiations of a long-term lease with Mr. F.G. Bradberry for the entry plaza into the proposed Town Center. it. PROPOSED CHANGES TO TOWN CENTER: Proposed changes to Town Center from the Advertising and Promotion Committee. 12. TOWN CENTER BOND ISSUANCE: To approve an ordinance providing for the execution of documents needed to complete the issuance of the Hotel and Restaurant Gross Receipts Tax Bonds, Series 1998, the proceeds of which will be used to partially finance the construction of the Town Center and Parking Garage on the south side of the downtown square. In addition, the City Council is requested to grant the authority for the Budget Coordinator to execute any budget adjustments necessary to recognize the bond proceeds and bond issuance costs. 13. INFORMATIONALS 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. VOTING RECORD Meeting of the City Council i April 7 , 1998 ''nn PETTUS L 7iN V WILLIAMS SCHRPER v/ QANTFL YOUNG ZURCHER TRUMBO MAYOR HANNA ✓ 2"- O-(7 . Co MI LER WILLIAMS DANIELSCHAPER YOUNG ZURCHER TRU BO MAYOR HANN �' 0 VOTING RECORD Meeting of the City Council April 7 , 1998 PETQ� MILLER WILLIAMS SCHAPER D ------ YOUNG ZURCHER T UM O MAYOR HANNA i�- MILLER WIL IAMS DANIEL YOUNG URCHE TRU BO MAYOR HANNA VOTING RECORD Meeting of the City Council April 7 , 1998 002 tti? PET Tjq ✓ ✓ V ✓ WILLIAMSMILLER V� YOUNG ✓ SCHAPER ✓ ✓ ZUR HER TRUMBO MAYOR HANNA d- m PET US MTLLER WILLIAMS YOUNGSCHAPER DANIEL ZURCHER TRUMBO MAYOR VOTING RECORD Meeting of the City Council April 7 , 1998 Gz�,vsp�. PETTUS WILLIAMSMILLER SCHAPER DANIEL YOUNG h / ZURCHER V WILLIAMSTRUMBO mAyog HANNA MILLER DANIEL YOUNG MAYORZURCHER TRUMBO VOTING RECORD Meeting of the City Council / April 7 , 1998 PETTUS MILLER W SCHAPER V YOUNG TRUMBO MAYOR HANNA PET US / V m . N V ✓ MIL ER WILLIAMS SCH PER /� ✓ DAN EL YOU Q ✓ ✓/ �/ ZURCHFR ✓ v TRU BO ✓ �/ MAY R HANNA I VOTING RECORD Meeting of the City Council April 7 , 1998 P6 . D/N PETTUS MILLER WTLLTAMS SCHAPER DANIEL YOUNG ZURCHER TRU BO MAYOR HANNA RETTUS MIL ER WILLIAMS SCH PER DANIEL /✓ YOUNG URCHER TRU O YOR HANNAI `�� VOTING RECORD Meeting of the City Council April 7 , 1998 C 614 PETTUS WILLIAMSMILLER DANIELSCHAPER YOUNG �V Z HER WILLIAMSTRU BO MAY R HANNA PETTUS MILLER DANIELSCHAPER MAYORYOUNG ZURCHER TRUMBO �isl FINAL AGENDA INFORMATION for April 7 , 1998 , Council Meeting Handouts and Changes made at agenda session : - Add memo re Dilapidated properties number this 4 . 17 - 4 . 21 - Remove request for fireworks ord . , item 7 Replace with AD98 - 5 , Advanced Towing number this 7 . 01 - 7 . 09 - Remove Parking Requirement for C - 3 & C - 4 , item 8 Replace with Petition , Hawg Heaven Subdivision number this 8 . 01 - 8 . 14 Attached here : - Final Agenda - Minutes of March 17 meeting - Replacement page 1 . 96 Additional info re Center Street ( 1 . 109 - 1 . 110 ) - Information items - - # 13 A MEETING OF THE FAYETTEVILLE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday , March 17 , 1998 , at 6 : 30 p . m . , in the Council Room of the City Administration Building , 113 W . Mountain , Fayetteville , Arkansas . PRESENT : Mayor Fred Hanna ; Trent Trumbo , Donna Pettus , Stephen Miller , Kit Williams , Len Schaper , Heather Daniel , Cyrus Young , and Randy Zurcher ; City Attorney Jerry Rose ; City Clerk / Treasurer Heather Woodruff ; staff ; press ; and audience . ABSENT : None Mayor Hanna called the meeting to order with eight aldermen present . NOMINATING COMMITTEE REPORT Alderman Daniel moved to nominate to the Advertising and Promotion Commission , Alex Jerde ; Civil Service , John Middleton ; Historic Commission , Alan Ostner , Terrell Rohrbach , Mark Corley , Suzie Stephens ; Construction Board , James Key ; Library , Michael Thomas ; Parks & Recreation , Gail Eads ; Planning Commission , John Forney , Conrad Odom , Sharon Hoover . Alderman Zurcher seconded . Upon roll call , the motion carried on a vote of 8 to 0 . 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 March 3 regular 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 . Request for approval of a project contingency of $ 20 , 000 . RESOLUTION 30 - 98 AS RECORDED IN THE CITY CLERK ' S OFFICE . C . Wedington Water & Sewer Relocation : 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 relocation project . RESOLUTION 31 - 98 AS RECORDED IN THE CITY CLERK ' S OFFICE . 1 March 17 , 1998 Alderman Daniel moved the consent agenda . Alderman Williams seconded . Upon roll call , the motion carried on a vote of 8 to 0 . OLD BUSINESS RZA98 - 4 . 00 & RZ98 - 5 . 00 Mayor Hanna introduced ordinances approving annexation request RZA98 - 4 . 00 and rezoning request 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 the second reading at the March 3 , 1998 , meeting . Alderman Trumbo 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 8 to 0 . City Attorney Rose made certain the motion was for both ordinances . City Attorney Rose read RZA98 -4 . 00 for the third time . City Attorney Rose read RZ98 -5 . 00 for the third time . Alderman Daniel stated she has received a number of letters and a lot of calls . Just one or two opposed this project . Alderman Williams stated this project makes a lot of sense . It will be a nice park that the City needs in that part of town . It is a beautiful site for a school . Alderman Trumbo stated that , in a complicated issue like this and as an elected representative , he first looks to the Planning staff ' s recommendation , then at the Planning Commission ' s recommendation , then at the Park ' s recommendation . He stated a majority of these governing bodies are in favor of this annexation and rezoning . Alderman Schaper stated if this were a simple annexation and rezoning , the Council would turn it down because of problems with the capacity of our current sewage treatment plant and the uncertainty as to whether or not we will be able to build another plant or will have to expand the one we have . It would be turned down because we already have numerous subdivisions approved up and down Salem Road and there is no clear need for additional land . It would be turned down because of the fragility of the infrastructure in that area . This has been complicated by the fact that there is a substantial amount of land going to Parks and the School Board has determined this is an attractive site 2 March 17 , 1998 for a middle school and are under pressure to get that school built . The school is what most of the calls he has received have been about . Alderman Schaper pointed out this would be the first time a major public facility is located west of the bypass . Most of the kids attending this school will live east of the bypass and be bused out to the far northwest corner of town . He stated the traffic is not his concern . His concern is the long- term impact of a major public facility and the development pressure that the location will have . As a result of the development that will occur , there will be a need for substantial improvements to the infrastructure out there . The cost of providing this will fall on the taxpayers . Alderman Schaper stated one of the goals of the 2020 Plan is to maximize development in areas which have existing infrastructure and to minimize the pressure to create new infrastructure at public expense . The 2020 Plan says there are already several thousand acres of potential residential development . Some of these are in areas developers aren ' t excited about developing . Instead , it is cheaper for them to develop at the fringes where some of the cost of their development gets borne by the taxpayer . That is the situation faced by the Council . The developer has sweetened the deal with the help of the School Board . Alderman Schaper stated he did not expect to convince anyone , in this election year , to go against the wishes of the School Board . He felt it necessary to point out the long- term ramifications of continually allowing intense development at the fringes of our city . This will create a lot of development in an area of town with very fragile infrastructure , the least well - connected area of town . Mt . Comfort is a City street . We will bear the entire cost of widening it and its connecting streets . Alderman Trumbo responded that the fact this is an election year does not affect his decision . He stated his theory is that Dr . New runs schools for a living and the School Board manages schools . They say where the most appropriate place for a school is . The City ' s job is to provide the infrastructure for the schools . Alderman Pettus stated there is no one on the Council who is not dealing with long- term issues . This is a wonderful location for the school . The city will grow whether we want it to or not . The Council has to plan for that growth . We can solve our infrastructure problems . Alderman Miller reiterated his support for this . He agreed with Alderman Schaper ' s remarks regarding the infrastructure , but this looks to the future and getting a good park out there . Anything built will strain water and sewer . 3 March 17 , 1998 Alderman Zurcher stood with Alderman Schaper on this . He stated he is not against middle schools . He is for park land on the west side . He reminded the Council this would not even have come before them if this had been within city limits . The reason the Council has to talk about School Board business is because the School Board wants land that is not in city limits . There will be a lot more development in that part of town because of the school going in . This will encourage sprawl . He noted voters turned down an annexation less than a year ago on this side of town . Alderman Young stated if something came before the Council he thought was wrong for the city , he would vote against it , even if the majority was in favor of it . Lacking information to make that vote , he must represent the majority view of Ward 2 . He is concerned that if the guesses about the sewer plant are wrong , we would be in a bad way . He hoped the School Board will assume responsibility for their actions , if the guesses are wrong . Alderman Williams responded to Alderman Schaper ' s remarks . Regarding annexations , he stated the Council recently approved an 80 - acre annexation on the east side of town . A couple of months before that , an even larger annexation was approved on the east side . He agreed it is incumbent on the Council to be careful about annexations because of the sewer plant problem . However , in 20 or 30 years , this site will have a school , a trail from the school to a city park , and a park connected through greenspace to other - city parks . This will eventually develop into one of the nicest places to live in Fayetteville . When you look at the 2010 Plan and 2020 Plan , the village concept was encourage . He hoped there would be some supporting neighborhood commercial in this area . Alderman Williams stated he understands the developer has agreed to pay the cost of the 28 ' road all the way to 100 ' north of Serenity Place , over time . This is more than what a developer would normally have to pay . A lot of this road does not border the developer ' s property . Alderman Daniel agreed there will be traffic problems and hopes the City can convince the State Highway Department to widen Wedington past Rupple Road . It makes sense to improve Rupple up to Mt . Comfort , as there will be traffic to schools that way . She stated growth seems balanced between the two halves of Fayetteville . She suggested revisiting the 2020 Plan . Mayor Hanna stated he has confidence in the School Board . They have done a good job . There is no sense in putting schools in the center of town and busing kids from the west , as we are doing now . Existing schools also have traffic problems . Reed Greenwood , School Board member , stated the Board has been 4 March 17 , 1998 working on this about a year and a half . There are many issues to be dealt with . He is much concerned about long- term issues . Several years ago , the school district added to the existing elementary schools to preserve their characters and to make neighborhood elementary schools possible . We are now beyond what we can do with those facilities . The junior highs are bursting at the seams and we need these middle schools . He stated the School Board feels their responsibility very deeply . They have been through six sites and are aware of all the issues . This is the best deal for the school district . Wilson Kimbrough , Mt . Comfort Road , stated he has not heard much about people ; it has all been about business . He has been talking to people in this area . He stated the reason others aren ' t present is because they know the vote has already taken place in a secret meeting . They are not here because they know they wouldn ' t be heard and that he had been laughed at at the previous meeting . He stated careful attention has not been given to the feelings of the people this decision impacts . Alderman Pettus stated there has not been a secret meeting . Mr . Kimbrough stated he did not know about the meeting the Council had in order to see this acreage . Alderman Williams informed Mr . Kimbrough the meeting had been included on the weekly meetings list and members of the press had been there . It was a normal Council tour . Mr . Kimbrough stated his main point is that people who are deeply concerned about the traffic situation did not show up . Jeff Erf , 2711 Woodcliff Road , asked if it is reasonable to assume that the residential development in this part of the city will be subsidized by the City for police and fire protection and trash . Alderman Williams replied this would be no more than anywhere else in the city . In this case , the City is requiring the developer to build more roads than a regular developer would have to do . Laura Underwood , Fayetteville Board of Education , stated elected officials have to make difficult decisions based on facts . When the City experts and the School Board say yes to this , the facts speak for themselves . The benefits are all people oriented . There are traffic problems out there now . The City will come up with a plan . Growth will not stop . Any development will impact the sewer . A teacher from the audience stated this is a quality of life issue . A child ' s education affects quality of life later on . 5 March 17 , 1998 Our ability to provide a quality education depends on how well we use our resources . She gave examples of ways the money saved by going ahead with the middle school project in this manner could be spent on quality education . She stated the City has met infrastructure needs in the past and this is following that course . In one sense , development helps develop infrastructure . Alderman Zurcher stated lateral growth that sprawls into the county is not the same as economic growth or the same as getting more people here . There is a way to grow economically and with more people without growing in a sprawling fashion . He stated he has not voted for any annexation except one that was already surrounded by city . Mayor Hanna called for the vote on RZA98 - 4 . 00 , the annexation . Upon roll call , the ordinance passed on a vote of 6 to 2 , with Aldermen Schaper and Zurcher voting no . ORDINANCE 4085 AS RECORDED IN THE CITY CLERK ' S OFFICE . Mayor Hanna called for the vote on RZ98 - 5 . 00 , the rezoning . Upon roll call , the ordinance passed on a vote of 6 to 2 , with Aldermen Schaper and Zurcher voting no . ORDINANCE 4086 AS RECORDED IN THE CITY CLERK ' S OFFICE . City Attorney Rose stated Prestige Properties has presented an agreement which is their offer of what they intend to do to Rupple Road . He recommended passing a resolution to adopt the agreement . Alderman Young stated this was not made part of the agenda packet . Michele Harrington , representing Prestige Properties , reminded the Council that at the agenda session , the possibility of such an agreement was brought up . She stated they have worked with City Attorney Rose and City staff and worked out an agreement so the Council would have certainty about the contribution being made . Alderman Young stated he ' d just received it that day and , not having had time to read it , would vote against it at this time . City Attorney Rose explained this came about because Alderman Williams asked for an agreement in which these promises made by Prestige properties are ensured and if the promises are not kept that this issue will be revisited . What is before the Council is a voluntary assertion on behalf of Prestige Properties on what they intend to do on the Rupple Road development . 6 March 17 , 1998 Alderman Williams added that not only has staff worked on this , but he has , too . The City is trying to get as good a deal as possible and still be fair to the developer . The developer offered to take the school ' s portion of the development , and staff felt that the City needed the full cost of the road from Mt . Comfort to 100 ' north of where it would intersect Serenity Way , which would be paid as the project developed . The school needs that road in place when the school is finished , and we needed to go forward on this . The costs have been looked at . The proposed agreement includes , on the first part of the road , a commitment to spend $ 140 , 000 as their cost . It includes the remainder of the cost above that , the developer ' s normal cost of the bridge plus other costs of the 28 ' road to their northern border . The developer would have to pay the costs as they present the phases of the development to the Planning Commission . There are four phases . Alderman Schaper asked why No . 7 says Prestige agrees to convey a minimum of 30 acres to be annexed by the City as park land . He thought it was to be 44 acres . Ms . Harrington replied 30 acres was suggested to cover the minimum . They don ' t have an analysis on this yet . She stated there is a lien that goes with this . If the City doesn ' t want the developer to put his obligations on paper , he would be happy not to ; but the City asked for something in writing , including a lien that the developer has no choice but to discharge . She stated copies of the agreement were distributed as soon as the final numbers were available . They were put in the aldermen ' s boxes at one or two o ' clock that afternoon . This has been talked about at several meetings . It was done in an effort to please the City and obligates the developer far above and beyond what most developers would ever agree to . Alderman Zurcher moved a resolution that in effect says we accept this agreement with an amendment on No . 7 changing 30 acres to a minimum of 40 acres . Alderman Miller seconded . Alderman Young asked over what period of time would the developer reimburse the City . Alderman Williams replied the developer has to pay back 25 % for each phase they present . There is a 12 - year time limit . Upon roll call , the resolution with one amendment passed on a vote of 7 to 1 , with Alderman Young voting no . RESOLUTION 32 - 98 AS RECORDED IN THE CITY CLERK ' S OFFICE . VOLUME BASED GARBAGE COLLECTION Mayor Hanna introduced an ordinance approving a change to our 7 March 17 , 1998 garbage collection program and approving a budget adjustment . Alderman Miller moved to suspend the rules and go to the second reading . Alderman Trumbo seconded . Upon roll call , the motion carried on a vote of 8 to 0 . City Attorney Rose read the ordinance for the second time . Alderman Williams reminded the Council he had presented a proposal that would not require the bag situation . He noted Alderman Zurcher had another proposal that does not require the bag system . He stated it would be a mistake to go forward and pass anything at this time . It deserves more study . Our citizens deserve direct notification . He would like to see a notice go out to all customers in their water bill with a brief synopsis of what is being proposed . Robert Hunter , State Recycling Coordinator and Education Specialist from the DPC &E , addressed the issue of pay as you throw . He reviewed some information he had provided the Council from Resource Recycling , a magazine DPC &E relies on for figures and general information . Pay as you throw is an equitable way for people to learn to manage their solid waste . He encouraged the City to continue to look at pay as you throw . The issue is how to figure a rate for this program to be successful . His department has been working with the City on options available across the United States . The Environmental Protection Agency has put together a kit for a community to look at the issues . Mr . Hunter stated Fayetteville needs to look at what is fair for the citizen . We need to look at what kind of monies are in place . Some systems are costly to start . The staff ' s proposal will take some money . It is an encouragement to give bags out the first year . It is like an education program . It will take time to encourage and educate citizens . Staff is looking at an 8 to 9 month period before this is kicked off . A two -hour workshop program for citizens is available . Alderman Schaper stated the differences we are seeing in the counter-proposals have to do with how we meter the volume . The alternatives are a can-based system or tag-based system . He asked Mr . Hunter what works . Mr . Hunter replied he thought the City would see a larger percentage go with the fixed container or bag . It is difficult to ask busy sanitation people to decide what size the bag is . The bag is a simple way to do it . Alderman Zurcher stated a bag system needs to be equitable for everybody . A lot of the discussion at the Environmental Concerns Committee centered around this . He is concerned a base price will not be equitable . We have not settled on some sort of a 8 March 17 , 1998 rebate for people who have bags left over . He would like a way to pay only when you throw it out . We have not had enough input about this from citizens . Mr . Hunter had no knowledge of an existing return system . Mayor Hanna thought it might be wise for the Environmental Concerns Committee to have a public hearing on this issue . Alderman Williams thought every household in town ought to be notified through their water bill about what the proposal is . A two-hour education presentation is too long for the average citizen . We need to listen to our citizens on this and make sure they don ' t think we are dictating to them . Alderman Miller stated there have been three meetings and a public hearing . It has been in the press for months . Mr . Hunter stated the two-hour workshop has been very successful across the state . Alderman Williams thought the workshop would not reach a large number of the people . We need a brief synopsis of what is being proposed so the public can respond with input of their own . Alderman Schaper agreed we need more public education , but the number of citizens we hear from on any issue is small . We need to listen to experts in the field . Mr . Hunter stated there are fact sheets , newsletters , and press releases provided in the material that can be copied and handed out . Steven Parker , Four-County Solid Waste Management District , stated the District fully supports and backs volume based collection systems . He asked why garbage should be any different from water charges . Volume based collection gives people the opportunity to determine how much waste they want to throw away and how much they are willing to pay for that . In order to make this system work , you need to reward those people who produce the least amount of waste with lower rates and charge higher rates to those who generate the most waste . There are many ways to implement this . This is the trend in the United States . Dan Coody , audience member , questioned the method . He asked why we want to change the system we have now . He read from Ordinance 3993 , which gives rates for two cans not exceeding 32 gallons each . He suggested enforcing the ordinance on the books . If a citizen produces more than two cans of trash , he can buy the required bags for the excess . The easiest thing to do is to modify what is on the books already , rather than start over on something else . 9 March 17 , 1998 Kevin Crosson , Public Works Director , stated over the years attempts to enforce this ordinance have resulted in irate citizens . Also , overstuffed cans lead to lifting injuries for route workers . Bags cannot be overstuffed . Alderman Young stated it is not always clear how many bags belong to which house . Alderman Trumbo moved to table the ordinance to send it back to the Environmental Concerns Committee for further review and more public input . Alderman Daniel seconded . A citizen of Fayetteville stated the Council is negating what the Environmental Committee has spent many hours trying to do . She advised the Council to trust their committees and staff . The time for introducing other ideas was two or three months ago . Citizens don ' t want to join these committees if what they do goes for nothing . She advocated adding the practice of composting to the education material . Fran Alexander , citizen , stated the discussion is with the Council , not the committee . She gave an overhead presentation showing the three things required for recycling . It needs to be consistent , convenient , and simple . Programs , publicity , and public relations are very important . She compared the good and bad points of bags and cans . Lonnie Gibson , citizen , stated good government asks citizens what should be done and does not dictate . He is not sure people who want to sell their ideas are experts . He thinks the current system is working but would like to go back to twice - a-week pickup . He stated many people interested in this missed the meetings held before it got to this level . Alderman Young asked if the purpose of Alderman Trumbo ' s motion was to send this back to the Environmental Committee for a public hearing . Alderman Trumbo replied this was one of many other things . There are many good ideas to add to what ' s been put in place . Alderman Williams amplified his suggestion to have a mailer included in the water bills . It should be one sheet with equal space given to each idea . He suggested tabling this until the mailer could be sent out and having a public hearing after the mailing was done . Alderman Miller addressed the idea of a rebate for bags not used . He stated paying $ 8 . 50 a month for trash is a real deal . He stated a problem with Alderman Williams ' proposal is that a person could throw one bottle in a bin and claim to be recycling then want a third bag picked up free . Also , a person could 10 March 17 , 1998 follow the requirements on a regular basis then a one- time event could cause him to put out more than is allowed . He asked if the extras would be left on the curb or charged for and who would keep track of this . He stated we would not be adding bags , just replacing what people usually buy . The average retail price for 25 heavy gauge bags , which is what we ' d be giving , is about $ 3 . 50 , or $ . 14 a bag . Two million bags would cost $ 280 , 000 . Having the City supply the bags would save $ 17 . 50 per year per household . Savings in disposal costs brings the total up to $ 19 . 75 . Alderman Miller stated every other utility has a minimum . If you don ' t use that minimum, you still pay for it . We gave the citizens blue bags . We are giving citizens recycling bins . He asked why choke on the garbage bags . This is an integral part of a holistic program . Alderman Zurcher moved to table this item . Alderman Trumbo seconded . Mayor Hanna confirmed the motion was to send this back to the Environmental Concerns Committee . Upon roll call , the motion failed on a vote of 4 to 4 . This item was left on its second reading . WARD BOUNDARIES Mayor Hanna introduced discussion of ward boundaries . Alderman Miller supported Alderman Schaper ' s configuration , because it does not drastically affect ward boundaries and makes Ward 1 slightly higher in population but is still within the 10 % allowed . Ward 1 is not growing as fast as Ward 3 or Ward 4 . Alderman Williams stated Alderman Schaper ' s configuration has Ward 1 stretching from the farthest west to the farthest east . He would rather see more compact wards , like his proposal . He noted two precincts were separated compared to only one in his proposal . Alderman Schaper pointed out that three of the four proposals have Ward 1 going from the east to the west . Alderman Young compared his proposal to Alderman Schaper ' s , noting there is not much difference . Alderman Schaper stated Alderman Williams ' proposal radically changes ward boundaries . Alderman Zurcher discussed his proposal , stating it maintains the 11 March 17 , 1998 character of the wards . Alderman Schaper acknowledged that Alderman Zurcher ' s proposal got the numbers a little better than his . Alderman Schaper suggested that his proposal and Alderman Zurcher ' s proposal divide up the population best . Alderman Zurcher moved Ward Configuration G . Alderman Miller seconded . Alderman Schaper thought the process was to narrow it down to two . He suggested a straw poll . The motion and second were withdrawn . Mayor Hanna called for a show of hands . The results were : Configuration D , Alderman Schaper ' s 0 Configuration E , Alderman Williams ' 4 Configuration F, Alderman Young ' s 1 Configuration G , Alderman Zurcher ' s 3 Configuration E , Alderman Williams ' , and Configuration G , Alderman Zurcher ' s , were chosen . This was left for public comments . RECONSTRUCTION OF ARLINGTON TERRACE Mayor Hanna introduced 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 . Rick McKinney , citizen , stated this is a two block street that has been there since about 1967 . It is a mixture of asphalt , shifting concrete , and oozing sub-base . He urged the Council to approve this and get another 30 years out of the street . Alderman Williams explained this costs so much because it is the steepest street in town . Fran Alexander , audience member , stated it is not safe to go down the hill . It has been dug up for water and sewer , which is the reason it needs to be put back . She asked for immediate repair . Alderman Schaper moved the resolution . Alderman Miller seconded . Upon roll call , the resolution passed on a vote of 7 to 0 , with Alderman Zurcher absent for the vote . RESOLUTION 33 - 98 AS RECORDED IN THE CITY CLERK ' S OFFICE . 12 March 17 , 1998 GAS BOY FUELING SYSTEM Mayor Hanna introduced an ordinance providing for a bid waiver to purchase replacement items , parts , supplies , etc . , pertaining to the Gas Boy Fueling System currently in use by the City of Fayetteville . City Attorney Rose read the ordinance for the first time . Alderman Schaper 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 absent 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 8 to 0 . City Attorney Rose read the ordinance for the third time . Alderman Williams asked why the normal requirements for bids need to be waived . Bill Oestreich , Fleet Maintenance Superintendent , replied this is patterned after Ord . 3586 that applies to our specialized radio equipment and Ord . 3606 that applies to traffic control equipment . There is only one manufacturer . If we go to another , it would require extensive modification and not be economical . There being no further comments , Mayor Hanna called for the vote . Upon roll call , the ordinance carried on a vote of 8 to 0 . ORDINANCE 4087 AS RECORDED IN THE CITY CLERK ' S OFFICE . PROPOSED EXTENSION OF PLAINVIEW AVENUE Mayor Hanna introduced a resolution approving the proposed project between the City and Lewis Brothers Leasing Company , Inc . , wherein Lewis Brothers conveys a one - acre tract of land to the City for a new fire station site and a one - acre site for the extension of Plainview Avenue from the current termination south of Milsap to Longview Street . The City will design and construct the proposed extension of Plainview Avenue , approximately 7301 . No exchange of monies between the parties is anticipated on this project . Mickey Jackson , Fire Chief , explained that the need for this is caused by city growth and its demand on the north fire station , 13 March 17 , 1998 Fire Station No . 4 . To meet the need, this fire company operates two fire trucks instead of one , which means using a minimum of four people . They are operating out of a station built in 1964 for a two -man crew operating one truck . There is not enough room for four people . A proposal was made to remodel and expand the station and $ 150 , 000 was appropriated . An architect was hired . The architect ' s estimate , made over two years ago , was about $ 350 , 000 . This would have been an old building with a new wing and would have the ongoing maintenance problems associated with an old building . At that time , the suggestion was made to appropriate more money to relocate and build a new facility . Approval was given to investigate the idea . Chief Jackson stated finding a piece of property in that part of town was difficult . This location is good and the street is needed by the community . A final plan for this station and Fire Station No . 6 is being worked on . Projected costs have not been discussed . Bids for Fire Station No . 3 were staggering . The best bid was considerably over $ 600 , 000 . Alternatives have been looked at , and relocating Fire Station No . 4 is the most practical . Alderman Williams stated this has been before the Street Committee . The proposed cost of the street is about $ 140 , 000 to $ 150 , 000 . The lot is worth about the same amount of money . The Street Committee voted to recommend this agreement . Alderman Miller moved the resolution . Alderman Williams seconded . There were no comments from the audience . Upon roll call , the resolution passed on a vote of 8 to 0 . RESOLUTION 34 - 98 AS RECORDED IN THE CITY CLERK ' S OFFICE . RIGHT OF WAY ENCROACHMENT BY HMT Mayor Hanna introduced a resolution approving an encroachment into the Dickson Street and Rollston Avenue rights of way by the HMT large scale project . Alderman Pettus asked if the balconies extend beyond a sidewalk into the street . Greg House , representing HMT , replied the balconies on Rollston are shorter than the distance of the sidewalk . The one on Dickson would be over what is presently The Grill and would not stick out past the depth of the sidewalk and is shorter . Alderman Young commented that this changes the character of Dickson Street . 14 March 17 , 1998 Mr . House responded there are other balconies that are part of Dickson Street and are larger and protrude more and have columns that come down into the street right of way . Alderman Schaper approves of this kind of investment in this area and this kind of density improvement in the downtown area . Alderman Zurcher noted a local independent paper is against this development . He agreed only the balconies are being discussed at this time and stated he personally likes it and thinks it will be good . Mr . House pointed out some of the facade on the second story sticks out , too , as do some column pilasters up against the building . Alett Little , Planning Director , reported the Planning Commission recommended this by a vote of 5- 2 - 1 . Alderman Schaper moved the resolution . There were no comments from the audience . Alderman Zurcher seconded . Upon roll call , the resolution passed on a vote of 7 to 1 , with Alderman Young voting no . RESOLUTION 35 - 98 AS RECORDED IN THE CITY CLERK ' S OFFICE . AMENDMENT TO THE MASTER STREET PLAN Mayor Hanna introduced a resolution approving an amendment to the Master Street Plan , changing the required right of way for Dickson Street from 70 ' to 55 ' for a distance of 250 ' on the north side of the 200 block of Dickson Street . Alderman Pettus stated she has significant property on Dickson and would abstain from this issue . Alett Little , Planning Director , explained this is the portion of Dickson that is right in front of the 200 block . It is a distance of 250 ' on the north side . Our current Master Street Plan specifies a width of 70 ' for collector streets . We want to recognize that the Dickson Street area will not be widened for traffic purposes and that it will probably be amended for pedestrian purposes . The request is to reduce the total requirement from 70 ' to 551 . In conjunction with this , we have placed on the April 13 Planning Commission Agenda a consideration of Dickson Street as a whole . This is a recognition that we want to change the character of Dickson Street . We do not want it to be traffic oriented . We want it to be pedestrian oriented . Alderman Miller moved the resolution . 15 March 17 , 1998 Greg House , HMT , stated there are a lot of buildings within what the Master Street Plan calls for . It would be onerous to move everything back . Alderman Zurcher seconded the resolution . Upon roll call , the resolution carried on a vote of 7 -0 - 1 , with Alderman Pettus abstaining . RESOLUTION 36 - 98 AS RECORDED IN THE CITY CLERK ' S OFFICE . OTHER BUSINESS Rick McKinney , Airport Board , stated that a number of years ago the community was asked to vote on having a voice in the Regional Authority . Later , the Authority presented to the Mayor a non- compete agreement saying the other airports in this vicinity would not compete for airline service . It was later disclosed this is against FAA regulations and is illegal . He referred to American Airline ' s American Eagle contract with the regional authority . He felt paragraph 3 , Airline Service , is close to a non- compete agreement . The City of Fayetteville needs to voice this to the authorities and request that they omit this paragraph . Mayor Hanna explained this should be presented at agenda session to be put on the agenda . ADJOURNMENT Mayor Hanna adjourned the meeting at 10 : 00 p . m . 16 1 . 96 FAYETTEVI LLE THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Fayetteville City Council THRU: Mayor Fred Hanna FROM: Ben Mayes, Administrative Services Director DATE: March 23, 1998 SUBJECT: Approval of an Offer and Acceptance Contract Background Community Development staff requests the City Council's consideration of a real estate contract with Barbara Carr and Mary Carr to purchase real property in the Southeast Target Area. Barbara and Mary are sisters and became heirs to the property after the death of their mother last year. The subject property is located on the southwest corner of Willow and Center Streets and contains approximately 10,260 square feet. There is a dwelling on the property that staff has determined cannot be rehabilitated. An appraisal was completed that established the Fair Market Value of the parcel at $ 12,000 and that is the offering price. Staff plans to remove the structure, clear the lot, and donate it to Habitat for Humanity of Fayetteville, Inc. Habitat for Humanity will construct a new home on the lot for a low and moderate income family. Eligibility The acquisition and removal of the structure are eligible activities under Community Development Block Grant regulations 24CFR570.201 (a), Acquisition, and 24CFR570.201 (d), Clearance. The activity meets the National Objective of Prevention or Elimination of Slum and Blight on a Spot Basis, 24CFR570.208(b)(2). The donation of real property for construction of housing for low/moderate income persons is eligible under 24CFR570.201 (b), Disposition, and meets the National Objective at 24CFR570.208(a)(3), Construction of Housing. StaffReeommendation Staff requests approval of the Offer and Acceptance Contract with Mary and Barbara Carr for acquisition of the property. In addition, staff requests a resolution to donate the property to Habitat for Humanity of Fayetteville, Inc. Please call me or Jan Simco if you have questions or if you need additional information. BRM/js Attachments: Offer and Acceptance Contract Appraisal Report Location Map and Photograph of Exterior of Subject Property 1 . 109 OR N N � W L Q Z �. . U W N� ❑ Io U).WALNUT AV Y m a .O w Luj m ^ ` U VJ m Y.1 E C4 x S.. E /fBKil�l71�V1 E N U � a O = WASHINGTON-AVE -�-� u �� CX ILL A ^"6�N►H�vM� S 37'► . \. � . , A } : / 2 . • . w \'�\ • , � » \ ƒ � _ a , : » � � :\ . , . • - ot . . � . 13 . 01 CITY OF FAYETTEVILLE BID QUOTATIONS #1 Purchase Date March 12, 1998 Investment Offered $500,000.00 ($515,000.00 It T - BIlI) Maturity Date Requested September 10, 1998 Number of Days 182 Days AWARDED NATIONSBANK MCILROY BANK OF FAYE BANK OF ARK SETTLEMENT DATE 03/12/98 03/12/98 03/12/98 03/12/98 MATURITY DATE 09/10/98 09/10/98 09/10/98 09/10/98 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 5.300 CD INTEREST EARNINGS 13,548.02 INTEREST ON INTEREST BASIS CD EFFECTIVE YIELD 5.434 T- BILL EFFECTIVE YIELD T- NOTE/OTHER EFFECTIVE YIELD INVESTMENT NUMBER 5660001121 LOGGED ON COMPUTER BY LOGGED OFF COMPUTER BY 3 - iz - 9B ADMINISTRATIVE SERVICES DIRECTOR OR DESIGNEE