HomeMy WebLinkAbout1999-02-02 MinutesMINUTES OF A MEETING
OF THE `
FAYETTEVILLE CITY COUNCIL `
k A regular meeting of the Fayetteville City Council was held at 5:30 p.m. February 2, 1999, in
room 219 of the City Administration Building, 113 West Mountain, Fayetteville, Arkansas.
R
1
ITEM CONSIDERED
Approval of the Minutes
Gregg Avenue
Trolley Operations Agreement
Bid 99-11
Airport Lease Modifications
Fire Station #4
ADS Environmental Services
LDS and Glide Slope
Library Master Plan
Northwest Arkansas Aviation
Water and Sewer Bonds
RZ 98-23.00
VA 98-13.00
RZ 98-24.00
Backflow Prevention
Stonegate Subdivision Greenspace Waiver
OMI Amendment No. 4
PRESENT
Mayor Fred Hanna
Aldermen:
Robert Reynolds
Ron Austin
Bob Davis
Trent Trumbo
Heather Daniel
Kevin Santos
Cyrus Young
Kyle Russell
City Attorney
Jerry Rose
City Clerk
[-leather Woodruff
Staff, Press and Audience
ACTION TAKEN
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Res.
10-99
Res.
11-99
Res.
12-99
Res.
13-99
Res,
14-99
Res.
15-99
Res.
16-99
Res.
17-99
Res.
18-99
Res.
19-99
Ord.
4137
Ord.
4138
Ord.
4139
Ord.
4140
Res.
20-99
Res.
21-99
A
435
MINUTES
OF THE
FAYETTEVILLE CITY COUNCIL
FEBRUARY 2, 1999
A meeting of the Fayetteville City
Council was held on
February 2, 1999 at
5:30 p.m. in the City
Administration Building
located
at
113 West
Mountain
Street, Fayetteville,
Arkansas.
PRESENT: Mayor Hanna, Aldermen Reynolds, Austin, Davis, Trumbo, Daniel, Santos, Young
and Russell; City Attorney Jerry Rose; City Clerk Heather Woodruff, Public Works Director
Charles Venable, Administrative Services Director Kevin Crosson, Planning Director Alett
Little, press and audience.
ABSENT: None.
Alderman Daniels announced a former alderman, Joan Chapman, had died January 26, 1999.
She recognized her accomplishments and services.
CONSENT AGENDA I Mayor Hanna stated they would be removing item E. Water and Sewer Refunding Bonds from
the Consent Agenda.
APPROVAL OF THE MINUTES
The approval of the minutes from the January 19, 1999 meeting.
GREGG AVENUE
A resolution approving partial payment of $35,000 to the Arkansas Highway and Transportation
Department for preliminary engineering for the design of improvements and widening of Gregg
Avenue from Highway 71 B north to Mud Creek Bridge,
RESOLUTION 10-99 AS RECORDED LV THE OFFICE OF THE CITY CLERK
TROLLEY OPERATION AGREEMENT
A resolution approving an agreement between the City and Jones Transportation Services for the
provision of trolley operations services for March 1, 1999 through December 31, 1999 and
providing for four one-year renewals.
RESOLUTION 11-99 AS RECORDED LV 7'1 -IE OFFICE OF THE CITY CLERK
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City Council Meeting
February, 2, 1999
BID 99-11
A resolution awarding Bid 99-11 to Ferrara Fire Apparatus, Inc., in the amount of $167,747 for a
new fire department pumper.
RESOLUTION 12-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK
AIRPORT LEASE MODIFICATIONS
A resolution approving the modification of lease agreements with all four car rental agencies
currently serving Drake Field.
RESOLUTION 13-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK
FIRE STATION #4
A resolution awarding Bid 99-14 to Heckathorn Construction in the amount of $611,520 and
approval of a 5% contract contingency.
RESOLUTION 14-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK
ADS ENVIRONMENTAL SERVICES
' A resolution awarding contract for flow monitoring and services to ADS Environmental
Services, in the amount of $235,455, approval of a contingency of $9,400 and sales tax of
$10,945, less a trade in of $31,000, for a net cost of $224,800.
RESOL UTION 15-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK
LDA AND GLIDE SLOPE
A resolution approving a lease and transfer agreement with Federal Aviation Administration in
the amount of $627,220 providing for the Localizer-Type Directional Aid (LDA) with Glide
Slope (GS) facility site and transfer of associated equipment, and approval of a budget
adjustment.
RESOLUTION 16-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK
LIBRARY MASTER PLAN ;_ 7 L ' ' t
A resolution amending a contract with Meyer Scherer and Rockcastle, LTD. in the amount of
$34,465 to extend the Master Plan for Library Services and Facilities to evaluate two design
options; and the approval of a budget adjustment. `' f ..
RESOLUTION 17-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK
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City Council Meeting
February, 2, 1999 '
NORTHWEST ARKANSAS AVIATION
A resolution approving a lease with Northwest Aviation Technologies Center to lease an
executive hanger located at 4248 south School Avenue and approval of a budget adjustment to
bring the building up to current building code standards.
RESOLUTION 18-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK
There were no comments.
Alderman Daniel moved to approve the Consent Agenda. Alderman Davis seconded the
motion. The motion carried unanimously.
OLD BUSINESS
NEW BUSINESS
WATER AND SEWER BONDS
The Mayor introduced a resolution approving a letter agreement with Stephens, Inc. to perform
underwriting services in connection with the proposed issuance of water and sewer refunding ,
bonds. The cost is $9.50 per $1,000 of bonds issued to be paid from bond proceeds.
Mayor Hanna stated there would be no cost to the city, unless they decided to refinance the
bonds. If they did, then it would come back before the city council for approval. Before any
money or decisions were made it would have to come before the Council. This would only allow
the bond firm to get bids on the bonds.
Mr. Crosson explained in 1992 the city had issued bonds to help finance the reinforcement of
their system. Their first call date would be in 1999. They would be allowed to call the bonds at
103 % at that point. They were taking this as a opportunity to refinance. They were estimating
their issuance expense at $150,000, a net savings would be approximately $600,000. They
would bring the issue back to the council when they were ready to make a decision.
Alderman Trumbo thought it would be the prudent thing to do.
Alderman Young asked if there would be any out of pocket expenses if they did not float the
bonds.
Mr. Brain Swain replied there could be a small fee of a couple of thousand dollars.
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City Council Meeting
° February, 2, 1999
Alderman Daniel proved to approve the resolution.' Alderman Austin seconded Upon roll call
the motion carrier! unanimously.
RESOLUTION 19-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK
BID WAIVER
The Mayor introduced an ordinance providing fora bid `waiver to purchase aiself propelled
wedge foot roller for use in the Street Maintenance Program.
City Attorney Rose read the ordinance for the first time.
Alderman Austin moved to suspend the rules and go to the second reading. Alderman Davis
seconded the motion. Upon roll call the motion carried unanimously.
City Attorney Rose read the ordinance for the second time.
Alderman Santos moved to suspend the rules and go to the third and final reading. Alderman
Daniel seconded Upon roll call the motion carried unanimously.
' Mayor Hanna recognized the good job the Street Department had been doing.
Mayor Hanna called for the vote. Upon roll call the motion carrier! unanimously.
ORDIXANCE 4136 AS RECORDED IN THE OFFICE OF THE CITY CLERK-
RZ 98-23
Mayor Hanna introduced an ordinance approving rezoning request RZ 93-23 changing 19.74
acres from A-1, Agricultural, to R-0, Residential Office. This request was submitted by Kurt
Jones of Crafton, Tull on behalf of Washington Regional.
Alderman Young stated he would be abstaining because he worked for the firm representing the
item.
Alderman Trumbo stated this would be a nice addition.
City Attorney Rose read the ordinance for the first time.
Mr. Jones stated they had submitted a large scale development for this
property. They were
planning to make improvements to
the existing
ponds. The developer
was willing to make
assurances not to disturb the pond.
He thought
the pond
would be classified
as a wet land.
4 City Council Meeting
February, 2, 1999 ,
Alderman Daniels expressed concern about the springs being disturbed during construction.
She thanked them for preserving the pond.
Mr. Jim Tim? stated they were going to try and make the pond a focal feature and they had hoped
to make it a park like setting.
Alderman Davis moved to suspend the rules and move to the second reading. Alderman
Reynolds seconded the motion. Upon roll call the motion carried 7-0-1, Alderman Young
abstaining.
City Attorney Rose read the ordinance for the second time.
Alderman Russell moved to suspend the rules and move to the third and final reading.
Alderman Davis seconded Upon roll call the motion carried by a vote of 7-0-1. Alderman
Young abstaining.
Mayor Hanna called for the vote. Upon roll call the ordinance carried by a vote of 7-0-1.
Alderman Young abstaining.
ORDINANCE 4137 AS RECORDED IN THE OFFICE OF THE CITY CLERK '
VA 98-13.00
Mayor Hanna introduced an ordinance approving vacation request VA 98-13.00 as submitted by
Andre and Marcos Gies vacating a portion of the 50' wide Cedar Street right-of-way located
between lots 5 and 6 of the Garner-Larimore Addition, Block B subject to the existing utility
easements and sewer easements were required.
City Attorney Rose read the ordinance for the first time.
Alderman Daniel noted the Planning Commission had approved the vacation unanimously.
Alderman
Davis
moved to suspend the rules
and go the second reading. Alderman Daniel
seconded
Upon
roll call the motion carried
unanimously.
City Attorney Rose read the ordinance for the second time.
Alderman Santos moved to suspend the rules and go to the third and final reading. Alderman
Daniel seconded. Upon roll call the motion carried unanimously.
City Attorney Rose read the ordinance for the third and final time. '
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City Council M9e1ing
' February, 2, 1999
Mayor Hanna called for the vote. Upon roll call the motion carried unanimously.
i RZ 98=24
Mayor Hanna introduced an ordinance approving rezoning request RZ 98-24, submitted by
Deborah and Calvin Laningham for property located at 731 North Leverett to rezone .40 acres
from C-1, Neighborhood Commercial to R-3, High Density Residential.
City Attorney Rose read the ordinance for the firs! time.
Alderman Daniel stated the staff had been concerned about parking. She asked if there was a bill
of assurance that the developer would only construct eight units.
Ms. Little, Planning Director, stated they did not have a bill of assurance, but they had seen the
initial plans for the site and only eight units had been planned. She stated there was room for
only eight. They would not be able to approve the building permit unless there was adequate
parking. She did not know that a bill of assurance should be required. She had noted the parking
to caution the developer not to expect a large number of units._ She reiterated a building permit
`would not be issued unless there was adequate parking.
Alderman Daniel stated she was very interested in limiting the size of this development.
In response to questions from Alderman Reynolds, Ms. Little stated there had been a rezoning
request for this property three years ago to rezone the.property from R-3 to C- 1. The previous
.plan did:not come.to pass. »They were requesting the property be rezoned back to its original
'zoning: She added this would allow for the reuse of the property. The Planning Department did
not have an official submission of the plans. She had looked at the plans and most of the units
were one bedroom.
Alderman
Austin thought this
was the type of improvement
the city should encourage, by
replacing
old
buildings with new and increasing the density
in the downtown area.
Alderman Reynolds moved to suspend the rules and move to the second reading. Alderman
Young seconded. The motion carried unanimously.
City Attorney Rose read the ordinance for the second time.
In response to questions from Alderman Russell, Ms. Little explained the parking ordinance
required one parking space per bed room, whether the apartments were two bedroom or one
bedroom. The parking would be based on the number of bedrooms.
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440 City Council Meeting
February, 2, 1999
Alderman Russell proved to suspend the rules and move to the third and final reading.
Alderman Reynolds seconded Upon roll call the motion carried unanimously.
City Attorney Rose read the ordinance for the third and final time.
Alayor Hanna called for the vote. Upon roll call the ordinance passed unanimously.
ORDINANCE 4139 AS RECORDED IN THE OFFICE OF THE CITY CLERK
BACKFLOW PREVENTION
Mayor Hanna introduced an ordinance amending Chapter 51, Water and Sewers, of the Code of
Fayetteville, to add Section 51.146, Backflow Prevention, providing for Cross Connection
Control Standards and requirements for the design, construction and maintenance of connections
to the public water supply.
City Attorney Rose read the ordinance for the first time.
In response to comments from aldermen, Mr. Crosson stated the city had increased staff to
accommodate the requirements of the Federal Government and the Arkansas Department of
Health. The city had been following their requirements for some time. The city had been
waiting for them to finalize their requirements before passing an ordinance.
In response to questions from Alderman Daniels, Mr. Jim Smith gave several examples where
the backflow prevention would be beneficial. He added this would help protect the public water
supply. He thought there would be approximately 1500 accounts which would be affected by
this. He added a large majority of them would already meet this requirement.
Alderman Daniel moved to suspend the rules and go to the second reading. Alderman Davis
seconded. Upon roll call the motion carried unanimously.
City Attorney Rose read the ordinance for the second time.
Alderman Santos moved to suspend the rules and go the third and final reading. Alderman
Austin seconded. Upon roll call the motion carried unanimously.
City Attorney Rose read the ordinance for the third and final time.
Mayor Hanna calledfor the vote. Upon roll call the motion carrier/ unanimously.
ORDINANCE 4140 AS RECORDED IN THE OFFICE OF THE CITY CLERK
City Council Me 1(ng
' + February, 2, 1999
' STONEGATE SUBDIVISION
Mayor Hanna introduced a resolution waiving Ordinance 3793 and accepting money in lieu of
park land as a requirement for.Stonegate Subdivision.
Alderman Daniel stated she was not in favor of this waiver because this was a large development.
She noted the Parks Department would only be receiving $20,000. She added the Parks
department's reasoning for their recommendation had been based on the fact there was no other
land for them to connect to increase the size of the park. She noted the existing parking land was
not conveniently located. She felt the new residents would be land locked. She added they did
not have to spend a lot of money on the park and suggested paths and park benches.
Mr. Terry Gulley, Parks Department, stated there would be two entrances into the subdivision
one by Manor Drive, the other.would be in Boardwalk Subdivision. He noted Park Place and
Boardwalk also had greenspace. He noted this property was very steep and there was the
possibility there would be a retention pond located on the property. He noted this would be the
smallest amount of park land they would have ever taken. He continued they were looking for a
larger piece of land in that area. They were wanting something along Hwy 265.
Ms. Brenda Theil, Parks Board, stated the proposed lots were three quarter acre lots. The park
' would only be one and one quarter acres. She noted the yards would almost be as large as the
park. She noted the development would only have fifty-one lots. She noted the property had a
steep slope. She added the Parks Board had voted 6-1 for the greenspace waiver. She thought it
would be pointless to have such a small park with such large lots.
Alderman Trumbo thought the city needed to increase the dollar amount. He felt the land had
been undervalued.
Alderman Daniel stated they did not have to be formal park. It could be left greenspace, which
would be environmentally friendly.
Ms. Theil replied in the type of subdivision proposed the residents would complain. She did not
believe that it would work in that area.
Mr. Crosson stated a
lot of the complains the city received
was
that these parks that were taken in
subdivision was that
they resembled -vacant lots when
they
did
not mow them.
Alderman Austin thought a private individual would do a betterjob than the city could.
Nls. Theil stated the land proposed for the park was a low area where a pond might be located.
She thought the land would be.maintained as greenspace for that reason. The property owners
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association would have to maintain them.
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4 4 2 City Council Meeting
'Alderman Trumbo thought the money should be more like $40,000 per acre. February, 2, 1999
Ms. Theil replied they had to take an average cost of land across town.
Mr. Tom McKinney, Sierra Club, supported small neighborhood parks because a maintained
yard did not have the same benefits as a natural area. He stated the monetary value was too
small for this acreage.
Mr. Dave Jorgensen, Developer's representative, stated it would have been easier to dedicate the
park land, however, the parks department was having a difficulty in maintaining them. He noted
the lots were going to be large.
Alderman Russell thought the solution would be to require the home owners association to set
aside land and maintain it or to increase the budget for the Parks Department so they maintain the
smaller parks.
Alderman Austin moved to approve the resolution. Alderman Davis seconded. Upon roll call
the motion carried by a vote of 7-1-0. Alderman Daniel voting nay.
RESOLUTION 20-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK
I
OMI
Mayor Hanna introduced a resolution authorizing the execution of amendment number four for
the operation of the Paul Noland Treatment Plant, and the approval of a budget adjustment. The
amendment provides for a total of $3,632,992 for operations services during 1999.
Alderman Trumbo moved to approve the resolution. Alderman Austin seconded the motion.
Upon roll call the motion carried unanimously.
Meeting adjourned at 6:45 p.m.