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HomeMy WebLinkAbout2000-02-15 - Agendas - Final I _ FAVETTENATLLE J THE CITY OF FAYETTEVILLE, ARKANSAS FINAL AGENDA FAYETTEVILLE CITY COUNCIL FEBRUARY 15, 2000 A meeting of the Fayetteville City Council will be held on February 15, 2000 at 5:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. • STATE OF THE CITY ADDRESS • NOMINATING COMMITTEE REPORT • EMPLOYEE OF THE MONTH A. CONSENT AGENDA 1 . APPROVAL OF THE MINUTES: Approval of the February 1 , 2000 City Council minutes. 2. SURVEY SERVICES: A resolution approving a contract in the amount of $29,735 .00 to Garver Engineers to provide surveying services for the City's use to design three trails (Joyce, Mud Creek, and Mud Creek Tributary) "in-house". 3. PILOT TROLLEY ROUTE: A resolution approving a contract amendment in the amount of $37,500 with Jones Transportation to initiate a pilot trolley route from south Fayetteville. An additional $ 12,000 is requested for fuel, maintenance and other expenses. 4. CLEVELAND SIDEWALK: A resolution awarding a construction contract to APAC- Arkansas, Inc., McClinton Anchor Division in the amount of $ 114,025 .00; approval of a contract contingency funding of $ 17, 104.00 (15%); approval of $20,000.00 for contract administration, construction inspection and materials testing; and approval of a budget adjustment. 5, WIMBERLY DRIVE: A resolution not requiring the dedication of 10 feet of additional right-of-way based on the Master Street Plan for Wimberly Drive classified as a collector street. The request was submitted by Crafton, Tull, and Associates on behalf of Danny Smith for property located at 3380 Wimberly Drive as LSD 99-27. 113 WEST MOUNTAIN 72701 501521-7700 FAX 501575-8257 - j B. OLD BUSINESS 1. RZA 99-5.00: An ordinance approving annexation request RZA 99-5.00 submitted by Engineering Design Associates on behalf of Arkansas Oaks, Inc. for property located at the southeast corner of Bridgeport Drive and Mount Comfort Road. The property is in the planning growth area and contains approximately 13 .39 acres. The request is to annex the subject property into the City of Fayetteville. The ordinance was left on the second reading at the February 1 , 2000 City Council meeting. 2. RZ 99-35.00: An ordinance approving RZ99-35 submitted by Engineering Design Associates on behalf of Arkansas Oaks Inc. for property located at the southeast corner of intersection of Bridgeport Drive and Mount Comfort Road. The property is zoned A- 1 , Agricultural and contains approximately 13 .39 acres. The request is to rezone the property to R- 1 , Low Density Residential. The ordinance was left on the second reading at the February 1 , 2000 City Council meeting. 3. PARKING REGULATIONS: An ordinance amending Chapter 72, Parking Regulations, of the Code of Fayetteville, to amend the rates for parking meter zones and rates for parking in the city parking garages; to define the term 'Parking Meter Zones" ; and allow the parking meter zones to be described, established and altered by the Mayor or his duly authorized representative. The ordinance was left on the second reading at the February 1 , 2000 City Council meeting. 4. WATER AND SEWER RECONNECT FEES: An ordinance amending chapter 51 : Water and Sewers, of the code of Fayetteville, to amend the fee for service reconnections; provide for a minimum billing; and amend the charge for broken locks and couplings. The ordinance was left on the second reading at the February 1 ,2000 City Council meeting. C. NEW BUSINESS 1. H & H CARRIAGE COMPANY: A resolution approving a Certificate of Public Convenience and Necessity for H & H Carriage Company 2. MULTI-PURPOSE SPORTS ARENA: A. Approval of an ordinance awarding a contract to Questec Corporation for preparation of a business plan, waiving competitive bidding, and appropriating up to $200,000 for preparation of business plan. B. Approval of a ordinance to expand the role of the Public Facilities Board to include recreational facilities and multi-family housing as provided by state law. 3. MALLY WAGNON ROAD: An ordinance approving a cost share and bid waiver in the amount of $26,380.00 with James Martin for the cost difference to construct a two inch water line and an eight inch water line along Mally Wagnon Road. 4, SUMMERSBY SUBDIVISION: An ordinance approving a cost share and bid waiver in the amount of $33 ,205.00 with Mark Foster and J.B. Hayes, the developers of the Summersby Subdivision, for the cost difference to construct an eight inch water line and a twelve inch waterline within this development. 5. SIGN ORDINANCE: An ordinance amending Chapter 151 of the Code of Fayetteville to define and provide for the regulation of monument signs; and define and clarify the use of joint identification and area signs. 6. SOLID WASTE EXTRA TRASH BAGS: A resolution requesting the Director of the Solid Waste Division to consider the possibility that citizens will not have used their full allotment of 104 - 30 gallon trash bags in his proposed revisions of solid waste collection structure for the year 2001 . CHECKLIST FOR CITY COUNCIL MEETING: ././2000 AGENDA DUE: Draft Tentative Agenda Session Final DATE: DISTRIBUTION& T A F Staff T A F Bob Reynolds Mayor Hanna U Ron Austin John Maguire kI Cyrus Young Nancy Hendricks Kyle Russell Charles Venable Trent Trumbo Don Bunn Bob Davis 71� Marilyn Cramer Kevin Santos 71 L19 VFSteve Davis Heather Daniel V Yolanda Fields Jerry Rose Northwest AR Times Tim Conklin Morning News ,� Alett Little AR Democrat-Gazette Draft Agenda e'� Check for Additional Items ❑ Mail Notification Letters to Applicants / Property Owners Loe��Tentative Agenda Include all contracts m� Include budget adjustments tam- All signatures on Staff Review Form Er Page numbers correct 24 copies of agenda packet distributed to Distribution m� 34 copies of agenda cover distributed to general staff m� 10 copies of agenda cover placed in City Clerk's office agenda cubbybox 0 Put minutes cover (items approved) on front of agenda Continued: CHECKLIST FOR CITY COUNCIL MEETING: / /2000 ❑ Agenda Session ❑ Attendance ❑ Additional Information ❑ New Information ❑ Requested Information ❑ Distribute Agenda Session packet to anyone absent ❑ Make sure Lana / Marilyn have their copies ❑ Fina genda Additional Information ❑ Minutes ❑ All signatures on Staff Review Form and executed contracts (other side) ts� Include all contracts Include budget adjustments tam 24 copies of agenda packet distributed to Distribution ❑ 34 copies of agenda cover distributed to general staff ❑ 15 copies of agenda cover placed in City Council entry box M— Adve 'sement Display ad faxed to NWAT, Friday, 11 :00 a.m. �_ Fax proof checked / returned to NWAT by Friday afternoon p/ Cut out Final Agenda from Monday newspaper t1� Internet disk: approved minutes, agenda, public meetings to Kevin Springer ❑ City Council Roll tally Assemble and bring full agenda d Resolutions / Ordinances: IT' Resolutions / Ordinances assembled and signed 9� Update Resolutions / Ordinances Book off� Attach correspondence / conversations to Resolutions / Ordinances tr Resolutions / Ordinances indexed and microfilmed Publish ordinances File ordinances at Washington County Courthouse Distribute originals and copies with cover letters Send ordinances for codification ❑ Thank you letters to speakers ❑ Send notification letters to applicants ❑ Index City Council minutes ❑ Distribute City Council minutes ❑ Planning ❑ Marilyn Cramer ❑ Arthur Andersen 0 Public Library S � Gag �A1 �- g . ,? AT JqIIN TRTIMRO DANTEI SANTOS REYNOLDS MAYOR RAN-NA o DAVIS TRUMBO RllqqFf 1 , REYNOLDS MAYOR HANNA � / , u �S ALLSTTM IRITMRO DANIFT RFYNOTDS MAYOR 14ANNA /ZZ r✓ ✓ r/ 1✓ ✓ ,� RFYNOI DSA ✓ ✓ Al TSTIN DA TIq TR I IMBO DA IPT SANTOS VOI NCY RT JqqFT .T RFVN(')T DR MAYOR HANNA AUSTIN IRIIMRQ DANIFf qANT(-),q YQT TNCT RT TqVFT ,T . REYNOLDS MAYOR 14ANNA A I 1$�E DA TRITMBC) DANIEL SANTOR YQI FNCT R T T IS Ps Fl .T RF,YN(-)T .D.q MAYOR HANNA �,� .i l� . 1- 1� /, ATNTIN nAVIS TRTJMRO DANIEL SANTOS VM TNCT RFVWOT DR MAVQR HANNA �. DANIEL MAYOR HANNA ATNTIN TRIJMRn DANTFT SANTOR VC)l INC, REVNOI DR MAYOR 14ANNA a FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS FINAL AGENDA FAYETTEVILLE CITY COUNCIL FEBRUARY 15, 2000 A meeting of the Fayetteville City Council will be held on February 15, 2000 at 5:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. • STATE OF THE CITY ADDRESS • NOMINATING COMMITTEE REPORT • EMPLOYEE OF THE MONTH A, CONSENT AGENDA 1 . APPROVAL OF THE MINUTES: Approval of the February 1 , 2000 City Council minutes. 2, SURVEY SERVICES: A resolution approving a contract in the amount of $29,735 .00 to Garver Engineers to provide surveying services for the City' s use to design three trails (Joyce, Mud Creek, and Mud Creek Tributary) "in-house". 3, PILOT TROLLEY ROUTE: A resolution approving a contract amendment in the amount of $37,500 with Jones Transportation to initiate a pilot trolley route from south Fayetteville. An additional $ 12,000 is requested for fuel, maintenance and other expenses. 4, CLEVELAND SIDEWALK: A resolution awarding a construction contract to APAC- Arkansas, Inc., McClinton Anchor Division in the amount of $ 114,025.00; approval of a contract contingency funding of $ 17, 104.00 ( 15%); approval of $20,000.00 for contract administration, construction inspection and materials testing; and approval of a budget adjustment. 5. WIMBERLY DRIVE: A resolution not requiring the dedication of 10 feet of additional right-of-way based on the Master Street Plan for Wimberly Drive classified as a collector street. The request was submitted by Crafton, Tull, and Associates on behalf of Danny Smith for property located at 3380 Wimberly Drive as LSD 99-27. 113 WEST MOUNTAIN 72701 501521-7700 FAX 501575-8267 B. OLD BUSINESS 1. RZA 99-5.00: An ordinance approving annexation request RZA 99-5 .00 submitted by Engineering Design Associates on behalf of Arkansas Oaks, Inc. for property located at the southeast comer of Bridgeport Drive and Mount Comfort Road. The property is in the planning growth area and contains approximately 13 .39 acres. The request is to annex the subject property into the City of Fayetteville. The ordinance was left on the second reading at the February 1 , 2000 City Council meeting. 2. RZ 99-35.00: An ordinance approving RZ99-35 submitted by Engineering Design Associates on behalf of Arkansas Oaks Inc. for property located at the southeast corner of intersection of Bridgeport Drive and Mount Comfort Road. The property is zoned A- 1 , Agricultural and contains approximately 13.39 acres. The request is to rezone the property to R- 1 , Low Density Residential. The ordinance was left on the second reading at the February 1 , 2000 City Council meeting. 3. PARKING REGULATIONS: An ordinance amending Chapter 72, Parking Regulations, of the Code of Fayetteville, to amend the rates for parking meter zones and rates for parking in the city parking garages; to define the term "Parking Meter Zones" ; and allow the parking meter zones to be described, established and altered by the Mayor or his duly authorized representative. The ordinance was left on the second reading at the February 1 , 2000 City Council meeting. 4. WATER AND SEWER RECONNECT FEES: An ordinance amending chapter 51 : Water and Sewers, of the code of Fayetteville, to amend the fee for service reconnections; provide for a minimum billing; and amend the charge for broken locks and couplings. The ordinance was left on the second reading at the February 1 ,2000 City Council meeting. C. NEW BUSINESS 1 . H & H CARRIAGE COMPANY: A resolution approving a Certificate of Public Convenience and Necessity for H & H Carriage Company 2. MULTI-PURPOSE SPORTS ARENA: A. Approval of an ordinance awarding a contract to Questec Corporation for preparation of a business plan, waiving competitive bidding, and appropriating up to $200,000 for preparation of business plan. B. Approval of a ordinance to expand the role of the Public Facilities Board to include recreational facilities and multi-family housing as provided by state law. 3. MALLY WAGNON ROAD: An ordinance approving a cost share and bid waiver in the amount of $26,380.00 with James Martin for the cost difference to construct a two inch water line and eight inch water line along Mally Wagnon Road. 4. SUMMERSBY SU DI : An ordinance approving a cost share and bid waiver in the amount of $33 ,205.00 with Mark Foster and J.B. Hayes, the developers of the Summersby Subdivision, for the cost difference to construct an eight inch water line and a twelve inch waterline within this development. 5. SIGN ORDINANCE: An ordinance amending Chapter 151 of the Code of Fayetteville to define and provide for the regulation of monument signs; and define and clarify the use of joint identification and area signs. 6. SOLID WASTE EXTRA TRASH BAGS: A resolution requesting the Director of the Solid Waste Division to consider the possibility that citizens will not have used their full allotment of 104 - 30 gallon trash bags in his proposed revisions of solid waste collection structure for the year 2001 . 1 CITY OF FAYETTEVILLE CITY COUNCIL GENDA A the Fayetteville City Council will be bold on Feh Q rua y 15, 2000 at 5:00 p.m. Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkmtsas. t1 . • STATE OF THE CITY ADDRESS Rog 6C X107G • NOMINATING C0MMrrrEE REPOICl' 7j/�7E CHN.U6E/• Cr po EMPLOYEE OF THE MONTH y OS A. CONSENT AGENDA 1. APPROVAL OF MINUTES: Approval of the February], 2000 City Council minutes. Q 2. SURVEY SERVICES: A resolution approving a contnwt in the amount of $29,735.00 to Garver Engineers to provide surveying service for the City's use to 0� ,.,� • . design dace trails (Joyce, Mod Creek, and Mud Beck Tributary) 'In-house' 3. PILOT TROLLEY ROUTE: A resolution approving a contract amrndmrnt in the w a > .� amount of $37, 500 with Jones Transportation to idda: a pilot trolley route from south Faycaevitle. An additional $12,1100 is reyuesled for fuel, maintenance and 0 i Other cxpmacs. r, 4. CLEVELAND SIDEWALK: A resolution awarding a txmntrutdiou contract to 17 •.1 iD . APAC-Arkansas, Inc., McClinton Anchor Division in the amount of $114,025.00; tyt a approval of a contract contingency funding of $17. 104.00 (1595); approval of ? $20,000.00 for contract administtaion, construction inspection and materials testing; W y ✓✓✓tit and approval of a budget adjustment. S. WIMBERLY DRiVR: A resolution tat requiring the dedication of 10 Poet of addi- tional right-of-way based on the Master Street Plan for Wimberly Drive classified as j a collector street. The request was submitted by Ceaflon, TUI, and Associates on 11.S,j behalf of Danny Staith for property located at 3350 Wimberly Drive as LSD 99-27, B. OLD BUSINESS 1. RZA 995.00: M ordinance approving annexation request RZA 99-5.00 submitted by Eagincering Design Associates on behalf of Arkarm Oaks, Inc, for property located at the southeast comer of Bridgeport Drive and Mount Comfort Road. The property A is in the planning growth area and contains approximately 13.39 awes. The request is m annex the subject property into the City ttf Fayetteville. Tbc ordinance was left on 'rL the second reading at the February 1, 20M Chy Council Meeting. In 2. R7, 99-35.00. An ordinance approving RZ 99-35 submitted by fr ia*oring Design J `"'+ Associates on behalf of Aekaosas Oaks, Inc. for properly located at the southeast cor- ner of Bridgeport Drive and Mount Comfort Road. The property is 'zoned A-1, Agricultural and contains approximately 13.39 acres. The request is to remne the r properly to R-1, Low Densely Residential. The adinarce was lark on the seemul ,C reading at the February 1, 2000 City Council Meeting. 3. PARKING REGULATIONS: An Ordinance amending Chapter 72, Parking Regulations, of the Code of Fayetteville, to amend the rata for parking meter zones ' 1 and rates for parking in city parking garages; to define the tenn "Parking Moan t.� Zoos": and allow the parking motor nmes to be described, established and altered by the Mayor or his duly authorized cepresentative. The ordinance was left on the second reading at the February 11 2000 City Council Meeting, 4. WATER AND SEWER RECONNECT FF-F5. An ordinance amending Chapter 51, Water and Sewers, of the Code of Fayetteville, to amend the fix for service recoa mo- tions; provide for a tllinimum billing; and anead the charge for broken locks mad eoupfiogs. The ordinance was left on the second reading a the February 1, 2000 City Council Meeting. C. NEW BUSINESS 1. H Ar R CARRIAGE COMPANY: A resolution approving a Certificate of public Convenience and Necessity for H & H Carriage Company. 2. MULTI-PURPOSE SPORTS ARENA: A. preparatiof an on of a businessce plan, wtaivin comp tivcto �biddin we Corporation for : upp x,000 for preparation of bei eras plan. S. appropriating B. Approval of an ordnance to expand the role of the Public Facilities Board to include recreational facilities and multi-family housing as provided by sale law. 3. MALTY WAGNON ROAD: M ordinance approving a cost sham and bid waiver in the amount of SA380.00 with James Martin for the cost difference to construct a . two inch water tine and an eight inch water line along Mally Wagnon Road. 41 4. SUMMERSBY SUBDIVISION: An ordinaaa approving a cost share sad bid waiv- er in the amount of $33,205.00 with Mak Posta and J.B. Hayma, the developers of . the Summcrsby Subdivision, for the cost difference to construct an eight inch water . line and a twelve inch water line within this develOpMOOL S, SIGN ORDINANCE: An o linnew amending Chapter 151 of the Code of Fayetteville to dell= and provide regulation of monument signs; and define and clar- ify the use of joint identification and arca signs. : 6. SOLID WASTE E)CMA TRASH BAGS: A resolution requesting the Director of the Solid Waste Division to consider the possibility that citizens will not have used their full allotment of 104- - 30 gallon trash bags in bis proposed revisions Of solid waste collection structure for the year 2001 . only items presented by the City Council or City Stair may be discacscd during the meeting. B you have sultans rat wish to discuss, please contact your alderman to have it Presented at the next City Comnil Agenda Session. Far further assistance, PIS contact Heather Woodruff, City Clerk, at 575.8323. Td Wd80 : 170 0002 ST 'qaj LLVSZVV 'ON XC3 S3WI1 SUSNOAHU 1S3f1HidON WONJ 0 0 FayeWiriile CHAMBER OF COMMERCE February 15, 2000 TO: Heather Woodruff City Clerk FROM: Marilyn Johnson Director, Convention aYd Visitor Development RE: Appointments to A & P Commission As provided by law, the A & P Commission submits for approval of the City Council, the following names: Ching Mong, general manager of Quality Inn, to fill the unexpired term of Carl Maguire (term expires 3-31 -2001 ) John Gilliam, owner Ozark Brewing Company, for full term beginning 4- 1 -2000 (will replace Jim Waselues) RECF ! VF= D FEB 1 '� 2000 CITY OF r^. cii "V $�LE ��cgoi�m CITY CLERK'S OFFICE 123 WEST MOUNTAIN • P.O. Box 4216 9 FAYETTEVILLE, ARKANSAS 72702.4216 • (501 ) 521-1710 • FAX (501 ) 521 . 1791 A140 /9 l/1J6 �"vim qiv"er out- f}2� • _ �. fi t�2 � i� Sir•. sued if' � awl�✓ dam' � ' Jo C Pruett 2152 S Clover Dr / Fayetteville, AR 72701-6925 - hh t �vAA GAet4 ' N. Smith 2201 S Clover Dr. Fayetteville, AR 72701-6974 a y •y - � i A i • TO ,4� JETT" igs • THE CITY OF FAYETTEVILLE, ARKANSAS FINAL AGENDA FAYETTEVILLE CITY COUNCIL FEBRUARY 159 2000 A meeting of the Fayetteville City Council will be held on February 15, 2000 at 5:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. • STATE OF THE CITY ADDRESS • NOMINATING COMMITTEE REPORT • EMPLOYEE OF THE MONTH A. CONSENT AGENDA 1. ;/APPROVAL OF THE MINUTES: Approval of the February 1 , 2000 City Council minutes. 2. 1/SURVEY SERVICES: A resolution approving a contract in the amount of $29,735 .00 1l1 , pD to Garver Engineers to provide surveying services for the City' s use to design three trails (Joyce, Mud Creek, and Mud Creek Tributary) "in-house" . 3. IiPILOT TROLLEY ROUTE: A resolution approving a contract amendment in the amount of $37,500 with Jones Transportation to initiate a pilot trolley route from south Z0 ' 00 Fayetteville. An additional $ 12,000 is requested for fuel, maintenance and other expenses. 4. v�`CLEVELAND SIDEWALK: A resolution awarding a construction contract to APAC- _ op Arkansas, Inc., McClinton Anchor Division in the amount of $ 114,025 .00; approval of ?i1 a contract contingency funding of $ 17, 104.00 (15%); approval of $20,000.00 for contract administration, construction inspection and materials testing; and approval of a budget adjustment. , 5. V'WIMBERLY DRIVE: A resolution not requiring the dedication of 10 feet of Z_ OD additional right-of-way based on the Master Street Plan for Wimberly Drive classified 2 as a collector street. The request was submitted by Crafton, Tull, and Associates on behalf of Danny Smith for property located at 3380 Wimberly Drive as LSD 99-27. 113 WEST MOUNTAIN 72701 501521-7700 FAX 501575-8257 t B. OLD BBUSINESS 1, RZA 99-5.00: An ordinance approving annexation request RZA 99-5 .00 submitted by Engineering Design Associates on behalf of Arkansas Oaks, Inc. for property located at 1 �10 the southeast comer of Bridgeport Drive and Mount Comfort Road. The property is in the planning growth area and contains approximately 13 .39 acres. The request is to annex the subject property into the City of Fayetteville. The ordinance was left on the second reading at the February 1 , 2000 City Council meeting. 2, ✓RZ 99-35.00: An ordinance approving RZ99-35 submitted by Engineering Design Associates on behalf of Arkansas Oaks Inc. for property located at the southeast comer rJ of intersection of Bridgeport Drive and Mount Comfort Road. The property is zoned V A- 1 , Agricultural and contains approximately 13 .39 acres. The request is to rezone the V\�/ property to R- 1 , Low Density Residential. The ordinance was left on the second reading at the February 1 , 2000 City Council meeting. 3. / PARKING REGULATIONS: An ordinance amending Chapter 72, Parking V/ Regulations, of the Code of Fayetteville, to amend the rates for parking meter zones and n rates for parking in the city parking garages; to define the term "Parking Meter Zones"; l\' and allow the parking meter zones to be described, established and altered by the Mayor or his duly authorized representative. The ordinance was left on the second reading at the February 1 , 2000 City Council meeting. 4. J WATER AND SEWER RECONNECT FEES: An ordinance amending chapter 51 : Water and Sewers, of the code of Fayetteville, to amend the fee for service reconnections; provide for a minimum billing; and amend the charge for broken locks and couplings. The ordinance was left on the second reading at the February 1 ,2000 \� City Council meeting. L C. NEW BUSINESS 1. , / H & H CARRIAGE COMPANY: A resolution approving a Certificate of Public V Convenience and Necessity for H & H Carriage Company 2. MUFTI-PURPOSE SPORTS ARENA: l A. Approval of an ordinance awarding a contract to Questec Corporation for dI preparation of a business plan, waiving competitive bidding, and appropriating up to $200,000 for preparation of business plan. B11 Approval of a ordinance to expand the role of the Public Facilities Board to „ include recreational facilities and multi-family housing as provided by state law. 3. MALLY WAGNON ROAD: An ordinance approving a cost share and bid waiver in C-7 na the amount of $26,380.00 with James Martin for the cost difference to construct a two a✓y inch water line and an eight inch water line along Mally Wagnon Road. 4. 1/ SUMMERSBY SUBDIVISION: An ordinance approving a cost share and bid waiver in the amount of $33 ,205 .00 with Mark Foster and J.B. Hayes, the developers of the Summersby Subdivision, for the cost difference to construct an eight inch water line and a twelve inch waterline within this development. 5. /SIGN ORDINANCE: An ordinance amending Chapter 151 of the Code of Fayetteville Z� to define and provide for the regulation of monument signs; and define and clarify the use of joint identification and area signs. 6. OLID WASTE EXTRA TRASH BAGS: A resolution requesting the Director of the Solid Waste Division to consider the possibility that citizens will not have used their full allotment of 104 - 30 gallon trash bags in his proposed revisions of solid waste collection structure for the year 2001 . V, AGENDA SESSION February 8, 2000 FOR CITY COUNCIL MEETING FEBRUARY 15, 2000 ADDITIONAL INFORMATION 1 . PILOT TROLLEY ROUTE: Additional information for A. 3 . 2. H & H Taxi: Additional information for item C. 1 . 3, SOLID WASTE EXTRA TRASH BAGS: Additional information for item C. 7. NEW ITEMS 1. QUESTEC CORPORATION: An ordinance awarding a contract to Questec Corporation for preparation of a business plan, waiving competitive bidding, and appropriating up to $200,000 for preparation of a business plan. THE CITY OF FAYETTEVILLE, ARKANSAS TENTATIVE AGENDA FAYETTEVILLE CITY COUNCIL FEBRUARY 15, 2000 A meeting of the Fayetteville City Council will be held on February 15, 2000 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. • STATE OF THE CITY ADDRESS • NOMINATING COMMITTEE REPORT A. CONSENT AGENDA 1. APPROVAL OF THE MINUTES: Approval of the February 1 , 2000 City Council minutes. 2. SURVEY SERVICES: A resolution approving a contract in the amount of $29,735 .00 to Garver Engineers to provide surveying services for the City' s use to design three trails (Joyce, Mud Creek, and Mud Creek Tributary) "in-house". . 3. PILOT TROLLEY ROUTE: A resolution approving a contract amendment in the amount of $37,500 with Jones Transportation to initiate a pilot trolley route from south Fayetteville. An additional $ 12,000 is requested for fuel, maintenance and other expenses. 4. CLEVELAND SIDEWALK: A resolution awarding a construction contract to APAC-Arkansas, Inc., McClinton Anchor Division in the amount of $ 114,025.00; approval of a contract contingency funding of $ 17, 104.00 (150/o); approval of $20,000.00 for contract administration, construction inspection and materials testing; and approval of a budget adjustment. B. OLD BUSINESS 1. RZA 99-5.00: An ordinance approving annexation request RZA 99-5 .00 submitted by Engineering Design Associates on behalf of Arkansas Oaks, Inc. for property located at the southeast corner of Bridgeport Drive and Mount Comfort Road. The property is in the planning growth area and contains approximately 13 .39 acres. The request is to annex the subject property into the City of Fayetteville. The ordinance was left on the second reading at the February 1 , 2000 City Council meeting. 113 WEST MOUNTAIN 72701 501521-7700 2. RZ 99-35.00: An ordinance approving RZ99-35 submitted by Engineering Design Associates on behalf of Arkansas Oaks Inc. for property located at the southeast corner of intersection of Bridgeport Drive and Mount Comfort Road. The property is zoned A- 1 , Agricultural and contains approximately 13 .39 acres. The request is to rezone the property to R-1 , Low Density Residential. The ordinance was left on the second reading at the February 1 , 2000 City Council meeting. 3. PARKING REGULATIONS: An ordinance amending Chapter 72, Parking Regulations, of the Code of Fayetteville, to amend the rates for parking meter zones and rates for parking in the city parking garages; to define the term "Parking Meter Zones" ; and allow the parking meter zones to be described, established and altered by the Mayor or his duly authorized representative. The ordinance was left on the second reading at the February 1 , 2000 City Council meeting. 4. WATER AND SEWER RECONNECT FEES: An ordinance amending Chapter 51 : Water and Sewers, of the Code of Fayetteville, to amend the fee for service reconnections; provide for a minimum billing; and amend the charge for broken locks and couplings. The ordinance was left on the second reading at the February 1 , 2000 City Council meeting. C. NEW BUSINESS 1 . H & H CARRIAGE COMPANY: A resolution approving a Certificate of Public Convenience and Necessity for H & H Carriage Company. 2, WIMBERLY DRIVE: A resolution not requiring the dedication of 10 feet of additional right-of-way based on the Master Street Plan for Wimberly Drive classified as a collector street. The request was submitted by Crafton, Tull, and Associates on behalf of Danny Smith for property located at 3380 Wimberly Drive as LSD 99-27. 3, MALLY WAGNON ROAD: An ordinance approving a cost share and bid waiver in the amount of $26,380.00 with James Martin for the cost difference to construct a two inch water line and an eight inch water line along Mally Wagnon Road. 4, SUMMERSBY SUBDIVISION: An ordinance approving a cost share and bid waiver in the amount of $33 ,205.00 with Mark Foster and J.B . Hayes, the developers of the Summersby Subdivision, for the cost difference to construct an eight inch water line and a twelve inch waterline within this development. 5. SIGN ORDINANCE: An ordinance amending Chapter 151 of the Code of Fayetteville to define and provide for the regulation of monument signs; and define and clarify the use of joint identification and area signs. 6. TRANSIENT MERCHANT LICENSE: A report and discussion on the proposed Transient Merchant License. 7. SOLID WASTE EXTRA TRASH BAGS: A resolution requesting the Director of the Solid Waste Division to consider the possibility that citizens will not have used their full allotment of 104 - 30 gallon trash bags in his proposed revisions of solid waste collection structure for the year 2001 . DRAFT TENTATIVE AGENDA FAYETTEVILLE CITY COUNCIL FEBRUARY 15, 2000 A meeting of the Fayetteville City Council will be held on Tuesday, February 15, 2000 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. l- 7f�7� o� A. CONSENT AGENDA 1. APPROVAL OF THE MINUTES: Approval of the minutes of the February 1 , 2000 City Council meeting. 2. SURVEY SERVICES: A resolution approving a contract in the amount of $29,735 .00 with Garver Engineers to provide surveying services for the City' s use to design three trails (Joyce, Mud Creek, and Mud Creek Tributary) "in-house" . B. OLD BUSINESS C. NEW BUSINESS 1 . MALLY WAGNON ROAD: An ordinance approving a cost share and bid waiver in the amount of $26,380. 00 with James Martin for the cost difference to construct 7inch water line along Mally Wagnon Road. 2, SUMMERSBY SUBDIVISION: An ordinance approving a cost share and bid waiver in the amount of $33 ,205 .00 with Mark Foster and J.B. Hays, the developers of the Summersby Subdivision, for the cost difference to contruct an eight inch waterline and a twelve inch waterline within the development. 3. 04"AIGN ORDINANCE: Discussion of amendments to the sign ordinance. 4. RANSITERCHANTS LICENSE: Discussion of a Transient Merchants nse. INANCE: Discussion of amendments to the Taxi Cab ordinance. C / • i MINUTES OF A MEETING OF THE FAYETTEVILLE CITY COUNCIL FEBRUARY 1 , 2000 A meeting of the Fayetteville City Council was held on February 1 , 2000 at 6:30 p.m. in Room 326 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Hanna; Aldermen Reynolds, Austin, Davis, Trumbo, Daniel, Santos, Young, Russell; City Planner Tim Conklin; Public Works Director Charles Venable; Administrative Services Director John Maguire; City Attorney Jerry Rose; City Clerk Heather Woodruff; Staff; Press, and Audience. CONSENT AGENDA APPROVAL OF THE MINUTES: Approval of the minutes of January 14 and January 18, 2000 City Council meetings. RECORD DESTRUCTION: A resolution authorizing the destruction of records. RESOLUTION 10-00 AS RECORDED IN THE OFFICE OF THE CITY CLERK. ROLLFORWARDS: A resolution approving a budget adjustment which will allow for the rollforward of all projects or items in progress which were appropriated in the 1999 Budget. The items which are approved will become a part of the 2000 Budget. RESOLUTION I1-00 AS RECORDED IN THE OFFICE OF THE CITY CLERK. ALLTEL COMMUNICATIONS: A resolution granting a temporary revocable license for the placement of buried fiber optic communication cable in the street and alley rights-of-way. RESOLUTION 12-00 AS RECORDED IN THE OFFICE OF THE C17T CLERK. BAKERY FEEDS: A resolution approving a budget adjustment for the settlement with Bakery Feeds. RESOLUTION 13-00 AS RECORDED IN THE OFFICE OF THE CITY CLERK. SETTLEMENT EXPENSES: A resolution to reimburse the plaintiffs in James Harp, ET AL, vs Griffin Industries, Inc. U. S. District Court, Western District of Arkansas, Case No. 99-5075 for settlement expenses in an amount not to exceed $7, 500.00. RESOLUTION 14-00 AS RECORDED IN THE OFFICE OF THE CITY CLERK. Alderman Santos moved to approve the Consent Agenda. Alderman Daniel seconded the motion. City Council Minutes February 1 , 2000 Page 2 Alderman Austin asked to pull item number four off the consent agenda. A resident from Ward 1 wanted to make some general comments about fiber optics. Item number 4 was pulled from the agenda. Upon roll call the motion carried unanimously. OLD BUSINESS HWY 265 CONDEMNATION: An ordinance authorizing the City Attorney to seek possession of certain lands located along Highway 265 in the City of Fayetteville by the Power of Eminent Domain, in association with the required easements for the Highway 265 Water and Sewer Relocations. Such properties are owned by Anthony De Palma, Jeane and David Randle, and Timothy and Christine Klinger. The ordinance was left on the first reading at the January 18, 2000 City Council meeting. Mr. Rose read the ordinance for the second time. Lamar Pettus stated Mr. and Mrs. Randle have owned this lot for quite a few years and about a year ago the Highway Department took from the South end 32 feet up to the North end 52 feet of their property and pushed it back. At that time the Highway Department paid the Randles severance damage of $ 11 ,000.00. The City is in essence wanting an easement over an additional 15 feet and is offering $650.00 without any severance damage. He had learn that Arkansas Western Gas Company was wanting another 30 feet. The Randle' s do not believe this property will be sellable as residential property with the drainage coming across the lot to the North and with the Fire Department to the South and the electric substation. The Randles would still like the City to simply buy the lot. The city appraised the lot for $42,000.00, but they would be willing to offset that $42,000. 00 by the $ 11 , 500.00 severance pay that the State of Arkansas has already paid them. He asked the council to deny the condemnation procedure and purchase the property for $30, 500.00. Charlie Venable explained the reason for the 15 foot easement. The water line is going to be just inside the highway right-of-way, except at the North end. The city would need the easement to work in if there was ever a problem in the water line. Alderman Austin asked Mr. Pettus if he was proposing a reduced easement. Lamar Pettus replied he was not proposing one. We are saying that if don't have a need for the easement to put in the water line and they are saying it will go in the City right-of-way, then you really don't have the right to take. What you are saying is, we want to take for some reason that we might need in the future. I think the City has to decide whether or not it has the right to take City Council Minutes February 1 , 2000 Page 3 a full 15 foot or if it only needs 5 feet or if it should only take the portion of the property to the North end that is going into the easement but I would suggest to you that you probably stand a better chance on the right of taking it if you were taking 5 feet as to opposed to 15 feet but you know I am not offering that. We would like to sell you the whole lot and as I said we can wait and pick up the check, if someone will go ahead and make the motions. Alderman Russell questioned how the 15 feet was determined. Charlie Venable replied the city would probably need that much room to work. He recommended the council proceed with the condemnation. He added they could settle any time up until they went to court. Lamar Pettus requested if the Council was going to go ahead with the ordinance that Mr. Rose notify him when the order was submitted to court. He explained the way most condemnations start is that you file the law suit, you submit the order, you pay in $600.00, in this case, and you have your easement. He would like to be heard on that initial hearing because we wanted to try to challenge the City' s right to take the full 15 feet at that time. In response to questions regarding other condemnations, Jill Goddard stated there were two temporary verbal agreements, but they still getting final signatures and we have one that we have had a counter offer but we are not sure on. Alderman Santos stated this is an easement for the City to be able to access the property to repair, to install and repair the water line. The City is not going to own the property. The City was not taking the property. They are not reducing the value of the property at all because this 15 feet falls within the 25 foot set back that would be unable to be build upon anyway. Lamar Pettus disagreed stating if that is true, then you shouldn't be filing a condemnation action because that is what condemnation does. It is an action by which a government takes property from the private owner. You are taking an interest in that property so it is a taking. Alderman Austin questioned the value of the property before anyone started putting easements on it. Mr. Pettus replied the property had been appraised $42,000 after the highway department had condemned their easement, but their appraisal was about $50,000. Alderman Reynolds stated he was not in favor of holding this project up because this highway is well needed. He hoped the city could work it out, but right now he was interested in building Highway 265 . We need it bad. City Council Minutes February 1 , 2000 Page 4 In response to questions, Mr. Pettus stated the gas company wanted an additional 30 foot easement. The gas company was talking about putting their gas line within 5 feet of the existing right-of-way. Alderman Davis stated it sounded like the gas company may be the one that needed to buy this property. Alderman Daniels asked what the staff knew about the gas company easement. Charlie Venable responded the gas company worked on their own easements. Mr. David Randle, property owner, stated he was at a loss. On one of the maps that we have been shown it shows that there is a proposed 6 inch gas line. The 6 inch gas line runs within the current right-of-way belonging to the State of Arkansas bought for the City of Fayetteville. However, the gas company now says that they are not going to put a 6 inch gas line, it is a 16 inch gas line. A 16 inch gas line requires a 50 foot easement as I ' m told. Twenty feet of that easement is going to be in the existing right-of-way as it is now. That' s why they are trying to obtain a 30 foot easement in addition to that 20 feet. Now, they tell me they are going to put that gas line within the first 5 feet immediately West of the existing right-of-way. If they do that, you can't access a water line in the first place. In the second place, SWEPCO has a telephone pole sitting right on the right-of-way, anyhow. You can't put a water there. There are too many discrepancies in this thing for it to be pushed aside and not looked at logically and I would request that you look at it a little bit further than just jump in and say, we need to go ahead with this proposal at the present time because it is not finalized. It isn't clear. I hear one thing from the City engineer; I hear something from the gas company and I don't hear anything from anybody that can tell me anything logical. Mr. Sid Norbash, city staff engineer, stated he was the project manager on this project. This is a very complicated process, very involved. The gas company as well as other utility companies are trying very hard to relocate these utilities. Originally the gas company had two lines in there, two high pressure lines, and they were wanting to combine that. He explained the discrepancy was that the gas company has changed their plans. The City was going by what we were given several months ago. He could understand the confusion. He could not speak for the gas company but he thought this was going to be one high pressure gas line parallel to our water line. They were all trying to squeeze everything in as much as they could and be safe the best we can be, knowing that there is a high pressure water line and high pressure gas line there, so that we won't have to take so much property. They were talking about a 24 inch water line in this case and should we have a blowout out there, it is going to be a grand canyon there before long. So we do need a buffer as well as the gas company. Now the high pressure gas line for the safety of the public, they require that kind of buffer and again, he can not speak for the gas company, I wish we had their rep here. But it was his understanding that this is a high pressure gas line that