HomeMy WebLinkAbout1998-02-17 Minutes11P1
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A MEETING OF THE FAYETTEVILLE CITY COUNCIL
A meeting of the Fayetteville City Council was held on Tuesday,
February 17, 1998, at 6:30 p.m., in the Council Room of the City
Administration Building, 113 W. Mountain, Fayetteville, Arkansas..
PRESENT: Aldermen Heather Daniel, Cyrus Young, Randy Zurcher,
Trent Trumbo, Donna Pettus, and Kit Williams; City
Attorney. Jerry Rose; Deputy City Clerk Jane Heth;
staff; press; and audience.
ABSENT: Mayor Fred Hanna and Aldermen Stephen Miller and Len
Schaper
Alderman Williams, acting'as Assistant Mayor, called the meeting
to order with six aldermen present.
STATE OF THE CITY ADDRESS
Alderman Williams read Mayor Hanna's State of the City Address.
The State of the City Address is included here as written:
In past years, I stated that Fayetteville's biggest
challenge was managing its growth. Each time Fayetteville
is named as one of the most livable cities in America, the
challenges of managing that growth and maintaining that
livability increase. I think we have done both.
I feel 1997 was an excellent year for Fayetteville and I
continue to believe that three things account for this: a
dedicated city staff, a responsive City Council, and the
cooperative citizens of Fayetteville, all with the best
interests of our city at heart.
► I believe a great step forward in 1997 was the
confidence shown by voters in approving the issuance of
bonds to finance a Town Center and Parking Garage in
downtown Fayetteville, a joint effort between the City
and the Advertising & Promotion Commission. The Town
Center will be the crown jewel in a revitalized
downtown area in which we can all take pride.
► We are in excellent financial health. The preliminary,
unaudited financial statements for 1997 are available
for City Council and public :inspection, with;an
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February 17, 1998
independent audit to be
have a balanced budget,
continuing to increase,
over $9 34 million.
conducted later this year. We
with sales tax revenues
up over 5% from 1996, totaling
► The Hotel/Motel/Restaurant, or HMR tax, added just
under $2 million, with half pledged to promote tourism
to our city. The other half is being used for the City
Park Development Fund to help keep our city green and
beautiful for its citizens.
► The city's inspection division issued over 5,000
permits and completed over 30,000 inspections in 1997.
Almost a hundred Planning Commission items were
processed last year, including more than two dozen
large scale developments.
► We presented to the City Council last February a
comprehensive wastewater master facilities plan to
identify and evaluate options for the much-needed
improvements to our wastewater collection and treatment
facilities. While the voters did not approve the
annexation for a new wastewater treatment plant, we
will continue to look at options for the placement of a
plant to meet the increased demands place% ur
wastewater system as we grow.
► With the City of Springdale, we jointly purchased the
White River Rural Water System's southern portion which
will greatly expand water service capability.
► Traveling around our city became easier and safer for
our citizens this year. Consider the road construction
projects we've completed. the four -lane Joyce Boulevard
extensions both east and west, the Razorback Road
construction leading to the University, and the Mission
Boulevard/North Street intersection which will help
travelers through those busy areas.
► Along with new road construction and improvement was
our in-house overlay program. I continue to hear more
compliments from our citizens on that program than just
about any other. Over 15 miles of city streets were
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February 17, 1998:
smoothed and resurfaced, including popular sections of
School Avenue, Dickson, Maple; West Street and Zion Rd.
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► Not all of our progress had to do with streets. In
Fayetteville we value our people; Consider the Yvonne,
Richardson Center during its first°fullTear of-'
operation. It hosted almost 20 special or neighborhood'
events which attracted almost a thousand,people.. Each =.
day during the school year, almost a'hundred children &
young adults enjoy the use'of this remarkable Center. -
► Fayetteville is a city which cares about what we will
leave to our children. This includes preserving our
resources forfuture generations. This past November,
a major water leak was discovered in a heavily
populated area of the city. We were losing hundreds of
thousands of gallons of precious water. About a half
hour after locating the leak, your city crews repaired
it and kept water service at•full pressure for our
citizens.
► Fayetteville continues to be served well by our
excellent police force. Citizens made over 16,000 calls
to the 911 Emergency Center. The average response time
for an officer to arrive at the scene was under 4
minutes. This year we formally opened our Northwest
Arkansas Mall Police Substation with three full-time
bicycle patrol officers in the business area around the
Mall and Veteran's Memorial Park.
► We continue to be proud of our Fire Department. While
we had one fire fatality in 1997, citizen injuries from
fires were down to one this past year compared to
fourteen the year before. 1997 was also the first time
during the '90s that there was not an increase in
annual fire loss. Our citizens are now also protected
by the new Hazardous Materials Response Unit which will
greatly help protect citizens from toxic substances.
► Fayetteville became even more pleasant through the
efforts of our Parks and Recreation Division. Wilson
Pool was renovated, Gordon Long Park was dedicated, and
the first year of our Summer Concert Series at Gulley
February 17, 1998
Park was overwhelmingly successful, with over 7000
citizens enjoying live music under the summer skies.
► Our city has benefitted by progress in Sidewalks and
Trails. A number of sidewalks were built, repaired or
replaced, with areas for trails and greenspace being
developed. New overhead street markers and efficient
traffic signals were installed to keep our citizens
safe as they travel our streets.
► Even the four -legged residents of Fayetteville were
served well during 1997 by such projects as the "Park
for People & Pets," in its first full year of operation
near our Animal Shelter. We entered into sheltering
agreements with the County and several smaller cities
in this area for better animal control. Over 60 safety
programs for animals and humans were conducted.
► Fayetteville citizens have responded overwhelmingly to
our recycling efforts. Residential recycling continues
to be popular, joined this year by residents of
apartments. Two new programs especially for commercial
customers went into service this year, including
curbside commercial pickup in selected areas and
- commercial white ledger paper program throughout the
city.
► Last year, our airport at Drake Field again saw an
increase, with over 500,000 passengers served, up
almost 10%. A Precision landing system for approaching
aircraft was completed, with a snowplow & ramp sweeper
added for greater service to passengers. Our airport
terminal is open 24 hours a day to accommodate 45
commercial flights from early morning through late
night.
► 1 often receive positive comments from our citizens
about Fayetteville Government Channel 3 on the cable
system. The Government Channel has increased its
broadcasting from 29 hours a week to 42 per week with
more new programs. Over 200 informational programs and
live meetings were produced this year, up from 146 the
year before.
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February 17, 1998
A program which we can all be especially proud of is
our Free Health and Dental Clinic. After a disastrous
flood in 1996, this past year saw the rebuilding and
renovation of the Old Courthouse Annex where the Free
Clinic can continue to help those who so desperately
need its services.
► It's always nice when others commend our efforts.
During 1997 we received various awards, including our
second Tree City USA Award and EPA Award for
Environmental Excellence.
< HOW DO WE INTEND TO GO FORWARD? >
► Certainly major construction projects will bring about
benefits for our citizens?as— we grow, including road
work at the intersection of Township and College, the
Sunbridge Street extension, and the Highway 45 area
water system improvements. We plan to contract for
projects on Sycamore, Poplar, and the intersection of
Zion. and Old Missouri Road, and we will be installing
traffic signals at Highway 265, Zion Road, Joyce Street
and Old Missouri Road very soon.
► An additional fire station will be located near Sixth &
Hollywood Street, and Station #4, which has been
outgrown, will be relocated to better serve our
citizens and keep them safe. Our police will be among
the best -trained in the state and our DARE program, or
Drug Abuse Resistance Education, will reach more and
more fifth graders to help them make positive choices.
► We will cooperate with other agencies such as the
Arkansas Highway & Transportation Department as we
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acquire right-of-way for Highway 265, construct the Mud
Creek bridge, and plan fort=the Highway 16 West,cost-„
share project ; '
We will complete construction of streets,:sidewalks and
storm drainage improvements for a neighborhood- in_the:'
Southeast Target area. Ten homes will be acquired and
rehabilitated for sale to our low and moderate income
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February 17, 1998
neighbors. We will provide moderate rehabilitation of
substandard housing for a dozen low and moderate income
home owners, with emergency repairs to be provided for
15 low and moderate income home owners city-wide.
► Plans will be developed for the expansion of the
Garland Street Head Start and Project for Victims of
Family Violence Shelter facilities also located on
Garland St.
► We will implement the recently approved curbside bin
recycling program, and consolidate our remaining public
works operations to our Happy Hollow Road facility area
in order to provide more streamlined service to
customers. We will complete the City's first Unified
Development Ordinance as we look toward the future.
► We will also maintain and improve our remarkable
quality of life with a full-time superintendent for our
Parks & Recreation program, renovation and construction
of better facilities for sheltering our animals,
progress toward a new Senior Center and of course a
Town Center as we work together to preserve
Fayetteville's past and keep our faith in the future of
the City we love. With everyone pulling together, we
will certainly have a great 1998!
NOMINATING COMMITTEE REPORT
Alderman Daniel explained that the Housing Authority Board
of Commissioners elects their members. Their choice is
confirmed by the Council.
Alderman Pettus moved to nominate Christine Childress.
Alderman Trumbo seconded. Upon roll call the motion carried
on a vote of 6 to O.
Alderman Daniel reported the Nominating Committee met in a
special meeting open to all the aldermen to select an
interim city clerk.
Alderman Daniel nominated Heather Woodruff. Alderman
Williams seconded.
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Alderman Zurcher moved to_go to executive'session to discuss
this.
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Alderman Williams stated six alderman had interviewed the
four candidates. A vote was made in open session and Ms.
Woodruff was nominated andtrece ved allthe.'votes •with no,
dissents at that point in time. He did-not•seeia purpose*
for executive session.
Alderman Zurcher stated he'dmissed the meeting and Len
Schaper was out of town. Hestated the most qualified
candidate and the person who has been doing the job unaided
for the last few weeks and already knows the job has been
overlooked. He stated he would like to table it or he would
be voting no.
Alderman Williams did not see what would be served by
tabling it at this point. It was a difficult decision and
he would hate to elongate it. He informed the Council that
Alderman Miller, who was absent do to illness, had informed
the Mayor's office he would like the vote delayed.
Alderman Zurcher stated if this was tabled, it would give
- him and Alderman Schaper an opportunity to interview the
candidates.
Alderman Trumbo stated that when there was a spot open for
the Parks Board and he was out of town he requested an
opportunity to interview the individuals. In light of that,
he was in favor waiting two weeks because two aldermen have
requested more time.
Alderman Pettus did not think this would be fair. She
stated the Nominating Committee has spoken. There are many
times the Council takes action without aldermen being
present. We need to stick by the nomination.
Alderman Daniel stated Alderman Miller was at the special
meeting.
Alderman Zurcher moved to table the nomination. Alderman
Trumbo seconded. Upon roll call, the motion failed on a
vote of 3 to 3, with Aldermen Daniel, Pettus, and Williams
voting no.
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February 17, 1998
Upon roll call, the motion to nominate Woodruff carried on a
vote of 5 to 1, with Alderman Zurcher voting no.
CONSENT AGENDA
Alderman Williams introduced consideration of items which
may be approved by motion or contracts and leases which can
be approved by resolution and which may be grouped together
and approved simultaneously under a consent agenda:
A. Minutes of the February 3 regular City Council meeting;
B. A resolution approving a budget adjustment which will
allow for the roll forward of all projects or items in
progress which were appropriated in the 1997 budget;
RESOLUTION 20-98 AS RECORDED IN THE CITY CLERK'S OFFICE.
C. Bid 97-73. Removed from consent agenda. See first
item under new business.
D. A resolution accepting the lowest qualified bidder for
Item 1, Bid 98-1, Ron Blackwell Ford, Bentonville,
replacement unit for traffic sign maintenance vehicle;
RESOLUTION 21-98 AS RECORDED IN THE CITY CLERK'S OFFICE.
E. A resolution approving a contract with Milholland
Engineering Company in the not -to -exceed amount of
$38,000 for the design and construction observation of
drainage improvements in the Boardwalk Subdiv'_- u
along Ridgely and Manor Drives;
RESOLUTION 22-98 AS RECORDED IN THE CITY CLERK'S OFFICE.
F. A resolution approving amendment 3 to the engineering
agreement with Development Consultants, L.L.C., for the
design of the Mud Creek Bridge replacement;
RESOLUTION 23-98 AS RECORDED IN THE CITY CLERK'S OFFICE.
Alderman Young moved to approve the consent agenda.
Alderman Pettus seconded. Upon roll call, the motion
carried on a vote of 6 to 0.
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OLD BUSINESS
REZONING RZ97-22.10 & RZ97-23.10
Alderman Williams introduced an ordinance rezoning 5.61
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. This item was left on first reading at the
February 3 meeting.
City Attorney Rose read the ordinance for the second time.
Alderman Williams stated the next item on the agenda is a
companion rezoning. It was decided to hear bothof them at
the same time.
City Attorney Rose read RZ97-23..10 for the second time.
Alderman Williams statedthis was recommended by staff and
approved by the Planning Commission.
Alett Little, Planning Director, explained how this is not
another commercial strip center. The. R -O zone is the
closest thing we have to a mixed use zone. It allows
everything from homes, offices, and some types of
professional sales. With this type of rezoning on
Wedington, we have the opportunity to look at everything
under large scale. The Planning Commission has been doing a
good fob of limiting the amount of curbcuts and types and
number of signs. This will not create the same type of
strip that we have been cautious not to create in this area.
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There were no comments from the audience^.-''; d
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Rose explained it would take six,votes to -move .it on to the,
third and final reading and five.votes to pass its ‘ 1
Alderman Young stated he was probably,going totvote against
these rezonings but wouldrather•hold.them over°because"' we* f1 .
need more people here. ` ' t _ • '• *• V' -4S `
RZ97-22.10 and RZ97-23.10 were left on second reading.
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February 17, 1998
REZONING RZ98-2
Alderman Williams 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.
This was left on first reading at the February 3 meeting.
City Attorney Rose read the ordinance for the second time.
Alett Little, Planning Director, stated this is a revised
request. They originally requested 9.9 acres, all of it C-
2. The difference will be left zoned R-2. This is adjacent
to Salem Road. The Planning Commission made a condition
that there be only one additional curbcut to Wedington Drive
and one to Salem This was a 6-2-0 vote by the Planning
Commission.
Kurt Jones, representing Sam Rogers, asked how many votes it
would take to pass this.
Alderman Williams explained it would take five votes to pass
it but six votes to move it to the third reading.
Alderman Zurcher pointed out that Alderman Young would be
abstaining.
City Attorney Rose stated the abstention would go with the
majority.
Alderman Zurcher asked about the project.
Mr. Jones stated the owner has filed a lot split for
approximately an acre and a half on the corner of Salem and
Wedington. He is planning to sell that property to a bank.
There were no plans for the rest of the land.
Alderman Zurcher asked if the lot split would affect
curbcuts.
Little stated it is at the time of lot split that issues of
curbcuts and signage get decided. The request for lot split
is being processed now. Having two businesses or residences
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would not affect the curbcuts. The Planning Commission has
said one curbcut to Wedington and one curbcut to Salem. She
stated the plan she has seen and worked on with the
potential developer honors that. It included the lot split.
There were no comments from the audience.
RZ98-2 was left on second reading.
NEW BUSINESS
BID 97-73
A resolution accepting the lowest qualified bidder for Item
1, Bid "97-73, Barton Freightliner, Inc., North Little Rock,
for HD cab/chassis with mounted compartmentalized recycling
body, six units for a total bid award of $619,044.
Alderman Trumbo stated the Equipment Committee met and
looked at the process that was used to select what type of
vehicle the City would like for the new recycling program.
There was extensive study of equipment used in other cities.
The Equipment Committee feels very comfortable with the
amountofhours and the homework that Cheryl Zotti and her
committee spent to find the most cost efficient vehicle.
Alderman Williams explained the blue bag program cannot be
continued because the company„.that does our pick line is
going to stop that. After a lot,of•study''it$has been
recommended that we go to a curbside sorting system, •.which"..,
requires these new vehicles.
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Kevin Crosson, Public Works Director, stated the lowest
qualified bidder meeting the specifications is being
recommended - • tom¢.,
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There were no comments from the audience.
Alderman Young moved
seconded. Upon roll
to O.
the resolution. Alderman 'Daniel
call, the motion carried on a vote of 6
RESOLUTION 24-98 AS RECORDED IN THE CITY CLERK'S OFFICE.
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February 17, 1998
VA98-1.00
Alderman Williams introduced an ordinance vacating a utility
easement as requested by Arkansas Book Service for property
located north of Point West Drive and west of Shiloh Drive.
The requested vacation is to abandon an existing sanitary
sewer and 25' easement which will be replaced in the
construction of the new building
Alett Little, Planning Director, stated there is a sewer
line in this easement that runs diagonally across the lot
that the applicant wants to develop. This sewer line serves
the existing building and will have to serve the new
building. They will first reconstruct the sewer, so it will
be connected, and this line and easement may be vacated.
That is the request.
City Attorney Rose read the ordinance for the first time.
There were no comments from the public.
Alderman Young moved to suspend the rules and go to the
second reading. Alderman Pettus seconded. Upon roll call,
the motion carried on a vote of 6 to 0.
City Attorney Rose read the ordinance for the second time.
Alderman Zurcher asked if this would fall in the bypass
overlay.
Little replied this is one of the subdivisions that was
exempt at the time of the original ordinance. It is a large
building but is well designed. The elevations are in the
planning office.
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 6 to 0.
City Attorney Rose read the ordinance for the third time.
Alderman Williams called for the vote.
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Upon roll call, the ordinance passed on.a vote of 6 to M.
ORDINANCE 4079 AS RECORDED IN THE CITY CLERK'S OFFICE.
ANNEXATION RZA.98.-4.00 & REZONING RZ 98-5.00
Alderman Williams introduced 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.
City Attorney Rose read the ordinance for the first time.
Alderman Williams stated the next item relates to this. It
is a rezoning request from A-1, Agricultural, to R-1, Low
Density Residential. It was decided to talk about the two
items at the same time.
City Attorney Rose read RZ98-5.00 for the first time.
Michele Harrington•, attorney for the petitioner, passed out
maps and overlays showing. how this property ties in with
adjacent property, topographical features,. and master street
plan.
Alderman Trumbo asked about the status of the legalities of
having the developers pay the City back for street
improvements..
Ms. Harrington replied that was discussed at the agenda
session. City Attorney Rose had indicated that he would
begin working on that when the Council requests him to. The
developer will do that on the school's portion. At this
point in time, he is the sole developer of the project.
This can't be worked out until it passes annexation and
rezoning.
Alderman Trumbo asked what the Planning Commission's view is
on who should bear the cost of acquiring easement to the
road to go north 700' to the school property.
Alett Little, Planning Director, stated the school is a
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February 17, 1998
developer as the developer is a developer. The school, at
the time they bring the lot split, will be assessed off-site
improvements. The developer has offered to pay for the
school's share of costs. It has not been fully discussed at
Planning Commission. The acquisitions of right of way have
not been discussed. There is a small piece in the county
that involves two property owners. The City and School
District have powers of eminent domain.
Alderman Williams stated there was a representative from the
church present at the Street Committee meeting. The church
building is not actually in the cemetery land. There was
some question about whether or not they would have to be
taking some of their land for this road.
Tim Reynolds, developer, stated there would be a 40' section
of property taken when the road goes through, if the full
90' is acquired. There is about a half acre of property
below the current easement that would be affected and the
church joins that. This has been discussed with the
minister and some of the congregation. Ta cemetery is just
north. An arrangement is being worked out for a 40'
portion.
Roy Karr, Fayetteville Public Schools, stated plans are to
open the middle school in January of 2000. Site development
will start this summer. _The school board has decided on 20
acres of the highest ground in that area. It will allow use
of the same plan in each middle school. Eight sites were
looked at. This site offers the best choice economically.
Wilson Kimbrough, Mt. Comfort Road, reported there ar- a lot
of people concerned about this. He stated he will study
sewage needs and the traffic situation between now and when
this is voted on. He asked the Council to study these
issues, too. He asked for a calculation of the traffic
increase to Mt. Comfort Road. He stated he will also study
the business about taxpayers paying for a street to go into
a subdivision, since he is generally opposed to that.
Terri Mullen, Meadowlark Drive, stated the traffic would not
all come down Mt. Comfort Road. This is the type of
positive growth we need to look at in Fayetteville.
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February 17, 199E
Bill Ackerman, Chairman of the Parks & Recreation•Advisory
Board, stated this is a long-term development project,
taking between six and ten years to be done. That gives our
community opportunity to dictate how these things come
about. The developer has shown a willingness to work
closely and cooperate with the City. This is a prime
example of planned development. The Board has been looking
for land in this quadrant for some months. If this project
comes forward, 44 acres would come to us as greenspace. The
money saved in acquiring land could be used to develop this
park. It could be developed into a multi -use facility
serving the community and adjacent. school. Traffic will
have to be addressed regardless of what happens on this
tract of land.. The same thing is true for the sewage
problem.
Mr. Ackerman described the land and how easily it would lend
itself to being developed as a multi -use park. We could use
a 10' or 12' wide, hard surfaced trail for the physically
handicapped, walkers, joggers, bikers, skateboarders, etc.
It would not interfere with vegetation. An extended
engineering study would be done in the development phase.
Reed Greenwood, School Board member, encouraged the Council
to support this and to expedite it if at all'.possibie. .He.
explained the need for two new middle schools. This;s-a
reasonable proposal. The school district would have to
partner the City to make it work, 'but it is a'win/win.
situation for everybody.
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A resident of Double Springs"Road stated-:the•road-situation
is dangerous now and adding-a"lot of -new traffic`'will Create
a bottleneck. It would make sense to address the load ' " r Y -
situation now. Also, It does not make sense to put many
more houses on a sewer system that is already overloaded.
Alderman Pettus stated the Street Committee had asked for a
traffic count on Mt. Comfort Road.
Charles Venable, Assistant to the Public Works
replied this would be done this week.
Alderman Pettus stated there was a suggestion
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made at the
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February 17, 1998
Planning Commission that the school should be north of
Serenity Way instead of south of it. She asked about plans
to extend Serenity Way.
Venable stated this would be addressed at large scale
development.
Little stated it is a requirement at the time of
development.
Alderman Young stated 200 acres would provide for an awful
lot of houses. He asked what the capacity of the existing
sewer plant is.
Kevin Crosson, Public Works Director, replied the sewer
system has capacity for normal growth until the expansion of
the plant occurs. There would be reason for concern
regarding future development if we are not able to expand.
There is no capacity figure. The design capacity was 17
million gallons per day. The permit is run on a loading
basis. We are able to treat beyond the hydraulic loading of
the plant because of our treatment process. As long as
there is a plan and we keep DPC informed of the progress of
the plan and something doesn't block us, we will be able to
proceed.
Alderman Daniel asked how many pump stations will be needed
for this development.
Crosson anticipated needing one pump station for the
and subdivision.
Alderman Zurcher stated the City would be doing itself a
favor if it developed permanent or semi-permanent urban
growth boundaries.
Alderman Williams stated he would like to see this go on to
the second reading so at the next meeting, when there would
be a full Council, people could expect a decision to be
made. This way, all those involved would not have to come
to three meetings to state the same things.
Alderman Pettus stated the figures needed may not be
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February 17, 1998 -
available at the next meeting and the decision would have to
be made without them, if this was on third reading. She
stated the main issues are sewer treatment and traffic
figures.
Michele Harrington invited the Council to tour the property
before the next meeting. She reiterated this development
will not spring up overnight. The residential part will go
in over a ten-year period.
Mr. Kimbrough disagreed with moving this through at the next
meeting. It takes a while•forcitizens to become aware of
the implications of anything this big and to make decisions.
It should not be rushed through.
Alderman Williams asked City Attorney Rose to meet with
attorney Michele Harrington.
City Attorney Rose responded there is no way to do that at
this point in time. Until we go through the large scale
process, we don't know how much road is being discussed; we
don't know what it will entail; we don't know how many
bridges; we don't know what the relationships are. Until we
go through the process, there is no point in trying to work
out something
Alderman Williams stated that on the recent annexation to
the east, a bill of assurance was offered to the Council.
He hoped the City could be protected if we go through with
this particular agreement. The developer has offered to pay
the school's share and their share of the cost of the road.
He asked how this is different from what the developer
offered on the eastern annexation and rezoning.
Rose replied it will have to come back to the Council for a
number of decisions. He does not yet know the length of the
road or what requirements will be placed on the road by the
Planning Commission. Until that is done, he would not know
what he can guarantee for the City. He stated the Council
is ahead of the process and is trying to provide something
that is the purview of the Planning Commission and large
scale development.
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February 17, 1998
Alderman Williams stated we seemed to enter into an
agreement with the developer on the annexation to the east
for him to pay the cost to extend Township Road.
Rose stated he wants to give the Council whatever it is they
want. He asked what they want from the developers.
Alderman Williams replied the Council wants the offer made
by the developer to be binding.
Little stated this is not quite the same situation as the
annexation to the east. The developer to the east offered
to pay for the road extension. This developer has offered
to pay another developer's share and to pay the City back
over time. It has to be related to the number of lots
developed, and we don't know that number now.
Rose stated the Council can deny the developer PUD or LSD
approval if agreement is not reached. He did not think the
annexation and rezoning could be done contingent on
something that has not occurred, which is LSD approval.
Alderman Pettus asked if there were any way this could go
through large scale development and the street des_ :sot
happen.
Little stated there is no way it will go through PUD or the
subdivision process without the access issues being decided
by the Planning Commission. The business about the
repayment of the construction of the street is different.
We don't normally do that. It is normally a developer cost.
That would require Council approval. It may not be proper
for the Planning Commission to be involved in that.
Alderman Williams stated he just wants, before voting on the
annexation and rezoning, protection or an enforceable
agreement similar to what we got for the 80 acres to the
east.
Michele Harrington stated that at the appropriate time, Mr.
Reynolds, the developer, would make a specific written
statement of what he is proposing. The information needed
is available but has not been put together.
18
foU Udd
February 17, 1998.
Rose stated the Council would be committing the Planning
Commission to a planned unit development and a procedure
prior to them having looked at it. The Council may have
that power butit is unusual.. He stated he would work with
Ms. Harrington and have something by the next meeting that
will nail down for sure what the developer is willing and
proposing to do.
Ms. Harrington stated it will be voluntary and the developer
will stand by what he proposes.
The annexation and rezoning were left on first reading.
ANNOUNCEMENTS
Alderman Daniel announced a Nominating Committee meeting.
Alderman Williams reminded the Council of a joint meeting
with the Election Commission regarding ward boundaries.
ADJOURNMENT
.
The meeting adjourned at 8:20 p.m.
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