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Home My WebLink About2001-04-17 - Agendas - Final FAYETTEVTLLE THE CITY OF FAYETTEVILLE, ARKANSAS FINAL AGENDA CITY COUNCIL APRIL 179 2001 A meeting of the Fayetteville City Council will be held on April 17, 2001 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. A. CONSENT 1 , APPROVAL OF THE MINUTES: Approval of the minutes from the April 3 , 2001 meeting. 2. LSD 01 -5.00: A resolution approving a waiver of right-of-way dedication for 15' Street as required by Section 166. 10(c) for LSD 01 -5 .00 submitted by McClelland Consulting Engineers, Inc. on behalf of Randy Salsbury of Allied Storage, LTD for property located at 85 W. 15`s Street. 3, TCA CABLE: A resolution approving an extension with TCA Cable Partners to temporarily operate the cable communication system until June 30, 2001 . 4. UNIFORMS: A resolution awarding a contract with Cintas Corporation for Bid No. 01 -25 to provide uniforms. 5. DOUBLE SPRINGS RD: A resolution approving a city-utility agreement between the City ofFayetteville, and Arkansas Western Gas Co. for the necessary adjustments for the Double Springs Road Bridge over Owl Creek. 6. DOUBLE SPRING BRIDGE REPLACEMENT: A resolution approving funding for a bridge replacement on Double Springs Road in the amount of $229,537; and approval of a budget adjustment. 7. AD 01 -13.00: A resolution adopting the drainage study for floodplain and floodway delineation for Mud Creek Tributary at CMN Business Park, Phase II, prepared by Holloway, Updike and Bellen, Inc. for Milholland Company, dated September 2000. B. OLD BUSINESS 1 . GRADING AND DRAINAGE : An ordinance amending the City' s Grading and Drainage Ordinance. This ordinance was tabled on the second reading at the January 23 2001 City Council meeting. 113 WEST MOUNTAIN 72701 501521 -7700 FAX 501575-8257 0 0 C. NEW BUSINESS 1 . PHYSICAL ALTERATION OF LAND: An ordinance amending Section 169.03 of the Code of Fayetteville, Physical Alteration of Land. 2, STORMWATER AND DRAINAGE : An ordinance amending Section 170.03 of the Code of Fayetteville, Stormwater Management, Drainage and Erosion Control. 3. COMMUNITY DEVELOPMENT BLOCK GRANT: A resolution accepting the 2001 Community Development Block Grant in the amount of $665,000.00. 4. RZA 01 -1 .00: An ordinance approving annexation request RZA 01 - 1 .00 as submitted by Michele Harrington on behalf of TMC and Associates for property located east of Sunshine Road and north of Highway 16. The property is in the City Planning Area and contains approximately 40 acres. The request is to annex subject property into the City of Fayetteville. 5, RZ 01-6.00: An ordinance approving rezoning request RZ 01 -6.00 submitted by Michele Harrington on behalf of TMC and Associates for property located east of Sunshine Road and north of Highway 16. The property is zoned A- 1 , Agricultural, and contains approximately 40 acres. The request is to rezone to R- 1 , Low Density Residential. 6, AD 01-12.00: An ordinance approving an amendment to Chapter 161 , Zoning, ofthe Unified Development Ordinance to include additional multi-family zoning districts, RMF-6, RMF- 12, and RMF- 18. 7. RULES OF ORDER: A resolution amending the Rules of Order and Procedures of the Fayetteville Mayor/City Council by adding paragraph D.6. to suspend or waive by two-thirds vote of the membership of the City Council including the Mayor. Therefore a motion to suspend the rules requires six affirmative votes to pass. 8. BAUM BASEBALL STADIUM: An ordinance allowing the University of Arkansas to use Fireworks for the annual occasion of the celebration of fireworks night marking the end of the Razorback Baseball Season at Baum Stadium. 9. J.D. CHINA: An appeal of a Planning Commission decision for Large Scale Development LSD 00-36, J.D. China. 10. FAYETTEVILLE YOUTH CENTER: An appeal of a Planning Commission decision for Large Scale Development LSD 01 -4.00, Fayetteville Youth Center. Meeting of AprilI , 2001 V 015 ' JORDAN .� REYNOLDS I✓ ✓ THIEL ✓ YOUNG ✓ ZURCHER ✓ ✓ TRUMBO ✓ '� DAVIS ✓ ✓ SANTOS ✓ COODY JORDAN ✓ ✓ REYNOLDS ✓ �/ THIEL '� YOUNG ✓ i✓ /L ZURCHER TRUMBO ✓ ✓ DAVIS ✓ ✓ SANTOS ✓ ✓ COODY 4/17 Meeting of ArrH-3;3001 D. 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Add attached minutes to Consent, A. 1 . 2. Add attached Resolution to Item A.S . Double Springs Road. 3 . Move Item C.S ., AD O1 - 13 .00 to the Consent Agenda to become Item A.7. 4. Item No. 1 under New Business has been broken down into two items. Please use attached ordinances. 5 . Item No. C.8 on your tentative agenda under New Business has been moved to Item C.3 . under New Business on your final agenda. 6. Add attached information for Items C.9 and C. 10. 0 0 NOMINATING COMMITTEE REPORT AIRPORT BOARD Otto J. Loewer, One new position, five-year term ending 12/31 /06 Dave Bowman, One new position, five-year term ending 12/31/06 BOARD OF ADJUSTMENTS AND BOARD OF SIGN APPEALS Michael Andrews, One five-year tern ending 03/31/06 Michael Green, One five-year tern ending 03/31 /06 CIVIL SERVICE COMMISSION Larry Bittle, One six-year term ending 03/31/07 CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS Thomas Campbell, One full five-year tern ending 03/31 /06 Matt Bodishbaugh, One alternate one-year term ending 03/31/02 Stan Johnson, One alternate one-year term ending 03/31/02 ENVIRONMENTAL CONCERNS COMMITTEE James Shumate, One expired term ending 06/30/02 PARKS AND RECREATION ADVISORY BOARD Kyle Cook, One unexpired term ending 12/31/02 PLANNING COMMISSION Don Bunch, One three-year term ending 03/31/04 Sharon Hoover, One three-year term ending 03/31/04 Alice Bishop, One three-year term ending 03/31/04 YOUTH ADVOCACY COMMITTEE, formerly Juvenile Concerns Committee Kay DuVal, One unexpired term ending 05/31/01 Catherine Roland, One unexpired term ending 05/31/01 ******** * ** * * ************ ***** **** *********** * * * ************* ** * * * ************ ADVERTISING AND PROMOTION COMMISSION Curtis Shipley, Public at Large position for term expiring 04/01/05 Ching Mong, Manager of Quality Inn for term expiring 04/01/05 0 Fayetteiille CHAMBER OF COMMERCE March 14, 2001 TO: Heather Woodruff City Clerk FROM: Marilyn Johnson Director, Convention and Visitor Development RE: A&P Commissioners appointment for ratification by City Council Arkansas law 26- 75-605 (2)(d) Vacancies on the commission, whether resulting from expiration of a regular term or otherwise, in any of the four tourism industry positions provided for in subdivision (a) (I) or in the at-large position provided for in subdivision (a) (3) shall be filled by an appointment made by the remaining members of the commission, with the approval of the governing body of the city. At a meeting on March 12, 2001 , the Advertising and Promotion Commissioners considered vacancies on the Commission and recommend reappointing the following: Curtis Shipley — Public at Large position for term expiring 4/1 /05 Ching Mong — Manager of Quality Inn for term expiring 4/1/05 The Commission respectfully requests approval of the above appointments at the next City Council meeting. Their applications are attached. In addition, the Commission has an additional vacancy (a term expiring 4/1/01 for an owner or manager of a hotel, motel or restaurant). This is due to the fact that Alex Jerde is not longer the general manager of the Hilton Fayetteville. I am requesting that you advertise the vacancy for this position. Thank you very much. ♦cueoireo .. ......... ...... 123 WEST MOL NTAIN • P.O. Box 4216 • FAYETTEVILLE, ARKANSAS 72702.4216 • (501 ) 521 . 1710 • FAX (501 ) 521 , 1791 FINAL AGENDA CITY COUNCIL APRIL 17, 2001 A meeting of the Fayetteville City Council will be held on April 17, 2001 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. A. CONSENT 1 . APPROVAL OF THE MINUTES : Approval ofthe minutes from the April 3, 2001 meeting. 2. LSD O1-5.00: A resolution approving a waiver of right-of-way dedication for 150, 1 Street as required by Section 166. 10(c) for LSD 01 -5 .00 submitted by McClelland Consulting Engineers, Inc. on behalf of Randy Salsbury of Allied Storage, LTD for property located at 85 W. 15'h Street. 3. TCA CABLE: A resolution approving an extension with TCA Cable Partners to temporarily operate the cable communication system until June 30, 2001 . , 5` .p1 4, UNIFORMS : A resolution awarding a contract with Cintas Corporation for Bid No. O1 -25 to provide uniforms. 5. DOUBLE SPRINGS RD: A resolution approving a city-utility agreement between S7/Q ` the City ofFayetteville, and Arkansas Western Gas Co. for the necessary adjustments for the Double Springs Road Bridge over Owl Creek. \6. DOUBLE SPRING BRIDGE REPLACEMENT: A resolution approving funding for a bridge replacement on Double Springs Road in the amount of $229,537; and approval of a budget adjustment. 7. AD O1-13.00: A resolution adopting the drainage study for floodplain and floodway �04 _p � delineation for Mud Creek Tributary at CMN Business Park, Phase II, prepared by Holloway, Updike and Bellen, Inc. for Milholland Company, dated September 2000. B. OLD USINESS 1� GRADING AND DRAINAGE: An ordinance amending the City's Grading and Vr/ Drainage Ordinance. This ordinance was tabled on the second reading at the January. � l (�1 21 2001 City Council meeting. NE BUSINESS \� PHYSICAL ALTERATION OF LAND : An ordinance amending Section 169.03 of the Code of Fayetteville, Physical Alteration of Land. 2.J STORMWATER AND DRAINAGE: An ordinance amending Section 170.03 of the Code of Fayetteville, Stormwater Management, Drainage and Erosion Control. �30COMMUNITY DEVELOPMENT BLOCK GRANT: A resolution accepting the � 1�✓� ` 2001 Community Development Block Grant in the amount of $665,000.00. 4. RZA 01 -1 .00: An ordinance approving annexation request RZA 01 - 1 .00 as submitted by Michele Harrington on behalf of TMC and Associates for property V� located east of Sunshine Road and north of Highway 16. The property is in the City ,t Planning Area and contains approximately 40 acres. The request is to annex subject f " property into the City of Fayetteville. 5. vtl� RZ 01-6.00: An ordinance approving rezoning request RZ 01 -6.00 submitted by , 1�( Michele Harrington on behalf of TMC and Associates for property located east of 1J \ u� V\ Sunshine Road and north of Highway 16. The property is zoned A-1 , Agricultural, 000f /v and contains approximately 40 acres. The request is to rezone to R-1 , Low Density IJJD Residential. 6, 01-12.00: An ordinance approving an amendment to Chapter 161 , Zoning, of the nified Development Ordinance to include additional multi-family zoning districts, RMF-6, RMF- 12, and RMF-18. 7. RULES OF ORDER: A resolution amending the Rules of Order and Procedures of the Fayetteville Mayor/City Council by adding paragraph D.6. to suspend or waive by two-thirds vote of the membership of the City Council including the Mayor. Therefore a motion to suspend the rules requires six affirmative votes to pass. JqABASEBSTADIUM: An ordinance allowing the University, of ALL ksastouse Fireworks for the annual occasion of the celebration of fireworks ght marking the end of the Razorback Baseball Season at Baum Stadium. Q _ J.D. CHINA: An appeal of a Planning Commission decision for Large Scale Development LSD 00-36, J.D. China. 10. FAYETTEVILLE YOUTH CENTER: An appeal of a Planning Commission decision for Large Scale Development LSD ,01 -4.00, Fayetteville Youth Center. 711 � _ MINUTES OF A MEETING OF THE FAYETTEVILLE CITY COUNCIL APRIL 3, 2001 A meeting of the Fayetteville City Council was held on April 3, 2001 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Coody, Aldermen Santos, Jordan, Reynolds, Thiel, Young, Trumbo, and Davis, City Attorney Kit Williams, City Clerk Heather Woodruff, Staff, Press and Audience. ABSENT: Randy Zurcher NOMINATING COMMITTEE REPORT Alderman Santos moved to appoint: NOMINATING COMMITTEE REPORT AIRPORT BOARD Otto J. Loewer, One new position, five-year term ending 12/31 /06 Dave Bowman, One new position, five-year term ending 12/31 /06 BOARD OF ADJUSTMENTS AND BOARD OF SIGN APPEALS Michael Andrews, One five-year term ending 03/31 /06 Michael Green, One five-year term ending 03/31 /06 CIVIL SERVICE COMMISSION Larry Bittle, One six-year term ending 03/31/07 CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS Thomas Campbell, One full five-year term ending 03/31/06 Matt Bodishbaugh, One alternate one-year term ending 03/31/02 Stan Johnson, One alternate one-year term ending 03/31 /02 ENVIRONMENTAL CONCERNS COMMITTEE James Shumate, One expired term ending 06/30/02 PARKS AND RECREATION ADVISORY BOARD Kyle Cook, One unexpired term ending 12/31 /02 PLANNING COMMISSION Don Bunch, One three-year term ending 03/31/04 Sharon Hoover, One three-year term ending 03/31 /04 Alice Bishop, One three-year term ending 03/31/04 City Council Minutes April 3, 2001 Page 2 YOUTH ADVOCACY COMMITTEE formerly Juvenile Concerns Committee Kay DuVal, One unexpired term ending 05/31/01 Catherine Roland, One unexpired term ending 05/31/01 ADVERTISING AND PROMOTION COMMISSION Curtis Shipley, Public at Large position for term expiring 04/01/05 Ching Mong, Manager of Quality Inn for tern expiring 04/01 /05 Alderman Young seconded the motion. Upon roll call the motion carried unanimously. CONSENT APPROVAL OF THE MINUTES : Approval of the March 20, 2001 City Council minutes. PARKING DECK: A resolution approving a contract amendment in the amount of$26,750.00 with Garver Engineers in connection with the design of the parking deck on the E.J. Ball lot. RESOLUTION 45-01 AS RECORDED IN THE OFFICE OF THE CITY CLERK. GENERATORS : A resolution awarding Bid No. 01 -13 in the amount of $ 111 ,778.00 to Williams Tractor for the purchase of two trailer mounted generator sets. RESOLUTION 46-01 AS RECORDED IN THE OFFICE OF THE CITY CLERK. RESEARCH AND TECHNOLOGY: A resolution requesting appropriations from the Department of Finance and Administration Disbursing Officer for money held in escrow for the Research and Technology Park. RESOL UTION 47-01 AS RECORDED IN THE OFFICE OF THE CITY CLERK. CELL PHONES & PAGERS: A resolution amending the Rules of Order and Procedure of the Fayetteville Mayor/City Council by adding a restriction against use of Cell Phones and Pagers during meetings. REMOVED FROM CONSENT AGENDA. DISCUSSED UNDER NEW BUSINESS. Alderman Santos moved to approve the Consent Agenda. Alderman Davis seconded the motion. Upon roll call the motion carried unanimously. City Council Minutes April 3, 2001 Page 3 OLD BUSINESS CIVIL SERVICE : An ordinance granting authority to the Fayetteville Civil Service Commission to appoint and remove the Police and Fire Chief, and for other purposes. The ordinance was tabled on the third reading at March 20, 2001 City Council meeting. Alderman Davis stated the Mayor had mentioned to Alderman Jordan that he was going to add another position to the committee. Mayor Coody stated they could add the position to the committee. Alderman Jordan stated he would like to have a rank and file fireman, Captain or below. Alderman Davis added this committee was only for this one hiring. Mayor Coody stated they could add the position and asked Ms. Woodruff to add the position to the committee list. Alderman Trumbo stated this was symbolic and it was not binding and it could change. Mr. Williams stated that was correct. It was not binding on the Mayor. Mayor Coody asked shall the ordinance pass. Upon roll the motion failed by a vote of 1 -6-0. Trumbo voting yea. ORDINANCE FAILED BYA VOTE OF 1-7-0. NEW BUSINESS VA O1 -3.00: An ordinance approving VA 01 -3 .00 submitted by Bleaux Barnes for property located along the south side of Appleby Road and to the west of the Quail Creek Subdivision. The request is to vacate that portion of the existing Appleby Road right-of-way in excess of the Master Street Plan requirement. Mr. Williams read the ordinance for the first time. Alderman Davis stated this was a right-of-way which had been vacated. It's access to the Master Street Plan was no longer needed. Alderman Davis moved to suspend the rules and move to the second reading. Alderman Santos seconded the motion. Upon roll call the motion carried unanimously. City Council Minutes April 3, 2001 Page 4 Mr. Chris Bracket, Jorgensen and Associates, stated this had been an oversight when they took the Preliminary Plat through. They did not know that there was existing right-of-way along Appleby. They showed a dedication that went along with the Master Street Plan. When they brought the Final Plat through, it had been brought up by the City that there was existing right-of-way. They were dedicating what was required by the Master Street Plan. Where the right-of-way was there would be a drainage easement. The city will still have options on this property. It would not be right-of- way, but easement. Mr. Williams stated the Planning Commission had approved this subject to the applicant paying a reimbursement of $815 .40. He asked if this had been paid. Ms. Dawn Warrick, City Planner, stated they had not paid to date. They were waiting for the Council' s action. The applicant had agreed to pay that amount. Alderman Trumbo moved to suspend the rules and move to the third and final reading. Alderman Davis seconded the motion. Upon roll call the motion carried unanimously. Mr. Williams read the ordinance for the third and final time. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. ORDINANCE 4305 AS RECORDED IN THE OFFICE OF THE CITY CLERK. RULES OF ORDER AND PROCEDURE : Discussion of amendments to the Rules of Order and Procedure of the Fayetteville Mayor/City Council. Alderman Thiel stated she thought it would be a good idea to review and go over some of the policies and possibly discuss some revisions. She read some of the rules relating to conduct required of the public and of the council. She stated she had been contacted by several people wishing to impose a time limit on each speaker. She thought that a time limit should beset for public comment. She did not believe that designating a reasonable time limit would be an infringement of anyone's freedom of speech. It simply allowed everyone an equal opportunity to speak. She had been contacted by several people complaining about some of the lengthy public comments. She had also discovered that many cities had a time limit policy, including Little Rock. In Little Rock, a speaker is allowed three minutes then if there are questions from the Council, the time is extended to allow for questions. Alderman Davis stated the Mayor was in charge of the meeting. He could set them at his will within the boundaries of the rules. If he wanted to set a time limit, he could. City Council Minutes April 3. 2001 Page 5 Alderman Thiel stated there was even a device to help keep the time. Legislatures use this too. It was a device with three lights and a buzzer. She thought it would be a way to give everyone an opportunity to speak before the council. She wanted it to be considered a reasonable amount of time. She liked the idea of it being in their policy. She thought it would help their meetings go better. She did not believe it was unique. Alderman Santos stated he was not in favor of setting a time limit. They might have to remind people to not abuse their privilege and speak too long. He thought they could do it in a friendlier way than setting a time limit. Mayor Coody stated he could see an argument for both sides. An impartial and impersonal time limit would be handy for them to help avoid making someone mad. On the other hand, he thought this might be a reaction to the last meeting that they had. Alderman Thiel stated it was not a reaction. She had a number of people call and asked her to do something about this right after she was elected. She had only spoken with one person who did not believe this was a good idea. She realized the Mayor had the prerogative of setting the time, but then it became subjective. Alderman Young stated if the Mayor set a time and stuck with it, then those people should have nothing to complain about. Now, if he set a time and did not follow for one, but did for another. There was no difference between the Council setting a time and the Mayor setting the time. The time is the time. Mayor Coody stated he would try and do a better job of trying to keep people on track. CELL PHONES & PAGERS : A resolution amending the Rules of Order and Procedure of the Fayetteville Mayor/City Council by adding a restriction against use of cell phones and pagers during meetings. Alderman Young stated if they passed this he would like to see a sign in front of the meeting door, stating no cell phones. Mr. Williams stated this would need to be made a part of their procedure. There might be a couple of other things that might be coming along in the future, along with some other recommendations. He thought it was better to address it and put it into the procedure. Alderman Trumbo moved to pass the resolution on cell phones. Alderman Davis seconded the motion. City Council Minutes April 3, 2001 Page 6 Mr. Bobby Ferrell, an area resident, asked if they would be allowed to have a cell phone if it had a vibrator. Alderman Young moved to amend the resolution to add "silent mode". Alderman Santos seconded the motion. Upon roll call the motion carried unanimously. Mr. Erf, an area resident, asked if there was a decision made on the three minute issue. Mayor Coody replied he was going to be more strict. Mr. Erf encouraged the Mayor to run a tight meeting and that when people strayed off the subject to bring them back in line. He encouraged him to cut people off if they were repetitive. He did believe the three minute limit was appropriate. He asked that they try and keep people from repeating themselves or what others have said. Alderman Santos stated he had seen the Planning Commission have a sign up sheet, when there was a lot of people who wanted to speak. Alderman Young stated they did not even have to have a sign up sheet, if people would just start to drift toward the podium. Upon roll call the motion carried unanimously. RESOL UTION 48-01 AS RECORDED IN THE OFFICE OF THE CITY CLERK. VICE-MAYOR: Election of a Vice-Mayor. Alderman Trumbo moved to appoint Bob Davis vice-mayor. Alderman Jordan seconded the motion. Mayor Coody explained that he had asked Bob Davis before the election, if he was to win the election would he stand as Vice Mayor. It had been before his election. He was not aware of the rules and procedure at that time. Upon roll call the motion carried by a vote of 6-0-1 . Davis abstaining. AMENDMENT TO BID WAIVER: An ordinance approving an amendment for a bid waiver, Ordinance 4289, Section C, to change the total cost from $27,000.00 to $35 ,000.00. City Council Minutes April 3, 2001 Page 7 Mr. Williams stated that before they could consider this, since it was not brought up at agenda session, they would need to vote to suspend the rules in order to consider an item which was not originally on their agenda. Alderman Trumbo moved to suspend the rules. Alderman Santos seconded the motion. Upon roll call the motion carried unanimously. Mr. Williams read the ordinance for the first time. Alderman Trumbo moved to suspend the rules and move to the second reading. Alderman Davis seconded the motion. Upon roll call the motion carried unanimously. Mr. Williams read the ordinance for the second time. Alderman Davis moved to suspend the rules and move to the third and final reading. Alderman Santos seconded the motion. Upon roll call the motion carried unanimously. Mr. Williams read the ordinance for the third and final time. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed. Mayor Coody asked shall the emergency clause pass. Upon roll call the motion carried unanimously. ORDINANCE 4306 AS RECORDED IN THE OFFICE OF THE CITY CLERK. Meeting adjourned at 7 :00 p.m. LSD 01 -5.00 • • A. 2. Page 1 STAFF REVIEW FORM • X Agenda Request Contract Review Grant Review For the Fayetteville City Council meeting of April 17 , 2001 . FROM : Tim Conklin Planning Public Works Name Division Department ACTION REQUESTED : To approve a waiver of right-o£-way dedication for 15� street as required by §166 . 10 (C) for LSD 01 -5 . 00 submitted by McClelland Consulting Engineers , Inc . on behalf of Randy Salsbury of Allied Storage , LTD for property located at 85 W . 15" Street . COST TO CITY : So Cost of this request Category/ Project Budget Category/ Project Name Account Number Funds used to date Program Name Project Number Remaining balance Fund BUDGET REVIEW : Budgeted Item Budget Adjustment Attached • Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY : A tiin/g Mana e ��D�te ADA Coordinator Date Zy . ity Atto Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommends approval of this request . Planning Commission voted 9-0-0 to forward this to City Council . Cross Reference Divi n Head Date 00 ?t D � d me Fectoi� New Item : Yes No A ' nistrativ to Prev Ord/Res# : ector Mayor Date Orig Contract Date : • LSD 01 -5.00 A. 2. Page 2 • • • RESOLUTION NO, A RESOLUTION APPROVING A WAIVER OF RIGHT-OF-WAY DEDICATION FOR 15TH STREET AS REQUIRED BY § 166. 10 (C) FOR LSD 01 -5 .00 SUBMITTED BY MCCLELLAND CONSULTING ENGINEERS, INC. ON BEHALF OF RANDY SALSBURY OF ALLIED STORAGE, LTD. FOR PROPERTY LOCATED AT 85 W. 15TH STREET. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council hereby Waives right-of-way dedication for 15' Street as required by § 166. 10 (c) for LSD 01 -5.00 submitted by Mcclelland Consulting Engineers, Inc. on behalf of Randy Salsbury of Allied Storage, Ltd. for property located at 85 W. 15th Street. PASSED AND APPROVED this day of April, 2001 . APPROVED: • By: DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk • �• LSD 0 Page A. 2. Page 3 PC Meeting of 26 March 01 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS Allied Storage, LSD 113 W. Mountain St. Fayetteville, AR 72701 TO: Fayetteville Planning Commission Members THRU : Tim Conklin, City Planner FROM : Sara Edwards, Ron Petrie P.E. DATE: March 22, 2001 Project: LSD 01 -5.00: Large Scale Development (Allied Storage, LTD, pp 601). was submitted by McClelland Consulting Engineers, Inc. on behalf of Randy Salsbury of Allied Storage, LTD. for property located at 85 W. 150' Street. The property is zoned I- 1 , Heavy Commercial/Light Industrial and contains approximately 14.98 acres The request is to add additional storage buildings. Findings: The applicant is requesting to build three new storage buildings southeast of the existing storage buildings. Two buildings are 4,200 square feet and the third building is 4,500 square feet. The existing storage buildings on site were originally approved as a large scale development on March] 4, 1994, and an expansion was approved on February 22, 1999. • Recommendation: Approval subject to the conditions listed below. Conditions of Approval: 1 . Planning Commission determination of a waiver request from the Master Street Plan requirements for a Principal Arterial Street which requires fifty-five feet from centerline be dedicated. The applicant is proposing not to dedicate any additional right-of-way. Currently, fifty feet exists and City Council approval is required not to require the additional right-of-way dedication. Staff is in support of this waiver due to the existing sidewalk, landscaping, buildings and pavement already in place. 2. No additional sidewalk improvements are being requested. 3 . Plat Review and Subdivision comments (to include written staff comments mailed to the applicant or his representative, and all comments from utility representatives - AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications) 4. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s) and tree preservation. The information submitted for the plat review • process was reviewed for general concept only. All public improvements are subject to LSD 01-5.00 A. 2. Page 4 i• ft LSD 01-05. 00 Page 2 additional review and approval. All improvements shall comply with City's current requirements. 5 . Large Scale Development approval to be valid for one calendar year. • 6. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. Separate easement plat for this project c. Project Disk with all final revisions d. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by § 158.01 "Guarantees, in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy. Background: The proposed Large Scale Development was reviewed at the February 28, 2001 Technical Plat review and the March 15, 2001 Subdivision Committee meeting. Discussion at the Subdivision Committee meeting included street right-of-way and sidewalk requirements. The Subdivision Committee forwarded the Large Scale Development to the full Planning Commission • subject to all staff comments. INFRASTRUCTURE: a) Water. Existing. b) Sanitary sewer. Existing. C) Streets. Existing. d) Grading and Drainage. A preliminary grading plan and drainage report has been submitted. A final plan and report will be required prior to beginning construction. PLANNING COMMISSION ACTION: yes Required Approved Denied Date: • LSD Page 5 A. 2. Page 5 • Comments: CITY COUNCIL ACTION: Required Approved Denied Date: The "CONDITIONS OF APPROVAL" , beginning on page one of this report, are accepted in total without exception by the entity requesting approval of this development item. a Ty title date LSD 01-5.00 hutIVw:: :.i A. 2. Page 6 lb • ►," hG - 1 200100 eo. a°X '119 " 1^ 4 " l Fa elleville, Arkansas72702- 1229 MirCECOcCLELLAND NSULTING Pt.ANNI, '" ' Y ' y 501 -443-2377 • DESIGN-for° srxvr 7ENCINEERS, INC. FAX 501-443-9241 March 1 , 2001 FY012106 Ms. Sara Edwards Planning Commission City of Fayetteville 113 West Mountain Fayetteville, AR 72701 RE: Request for Waiver LSD Submittal for Allied Storage, Ltd. Co. Dear Sara: On behalf of Allied Storage, Ltd. Co. , we would like to request a waiver on the requirement to increase the Right-of-Way ( R-O-W) dedication along 15`" Street (Arkansas Highway 16) an additional five feet to 55 feet from the street centerline. The original storage buildings along 15`h Street were designed and constructed based on the 50 foot R-O-W that was required at that time. All storage buildings are required to have a minimum of 25 feet of paving around and between buildings to allow • customers to access the storage units. The buildings along the street have the 25 feet of paving around the front. The existing fence is set along the edge of the paving . The current 50 foot R-O-W ends right at the fence line. If Allied Storage were required to dedicate another five feet for R-O-W, they would be obligated to relocate their fence, paving and all buildings located along the street. This would impose an exorbitant cost on the owner that we feel is not justified at this time. Thank you for your assistance with this matter. Please call if you should have any questions or comments. Sincerely, MCCLEL`LAANND CONSULTING ENGINEERS , INC . C Caro1eJones, E. I . Project Engineer C: Randy Salsbury, Allied Storage, Ltd. Co. LJL Ul-J.UU A. 2, Page 7 LSD01 - 5 lied Storage Close up -- 1 1 IC7j _4 i I I - I -. _ -t- - �' . �. E - mfj ' I ljC-2 R-21 LJ in 1 FE- L U � a � `� �. I U — i I z� L rI �-*j I C-2 �' C-2 Icy Q i LI I D C-2 C-2 R-2 Subject Property - -- -- - 2C-2 Com- > � - - R-2 R- 1 . 5 Master Street Plan N Freeway/Expressway Principal Arterial W E Minor Arterial 300 0 300 600 Feet f�.%t CollectorTT! S Historical Collector ,% Structures ( 1998) LSD 01-�.uu A. 2. Page 8 D01 - 5 Alhoed Stora a OneAlle Radius LS g r R-2 R-2 - R-2 R- 1 i 5TH Submect Propert -2 R-2 Uj R-2 _i R- _ _ I - 1 R- 1 o R-2 R- 1 . 5 I -2 R- 1 z- AA A- 1 + ! R 2 fY N Master Street Plan Freeway/Expressway Principal Arterial 0.2 0 0.2 0.4 Miles W E got .• Minor Arterial - s • % 0 " Collector �1' Historical Collector STREETS LSD O1-5.00 • • A. 2. Page 9 Planning Commission • March 26, 2001 Page 3 Consent Agenda: Approval of minutes from the March 12, 2001 meeting. LSD O1 -5.00: Large Scale Development (Allied Storage, LTD, pp 601) was submitted by McClelland Consulting Engineers, Inc. on behalf of Randy Salsbury of Allied Storage, LTD. for property located at 85 W. 15' Street. The property is zoned 1- 1 , Heavy Commercial/Light Industrial and contains approximately 14.98 acres The request is to add additional storage buildings. Odom: Good evening. Welcome to the March 26, 2001 , meeting of the Fayetteville Planning Commission. The first item that we are going to cover tonight is the consent agenda. Items on the consent agenda will be approved without discussion. We have two items on the consent agenda. The first item is the approval of the minutes of the March 12, 2001 , meeting. The second item on the consent agenda is LSD 01 -5.00 submitted by McClelland Consulting Engineers, Inc. on behalf of Randy Salsbury of Allied Storage, LTD. for property located at 85 W. 151' Street. The property is zoned I- 1 , Heavy Commercial/Light Industrial and contains approximately 14.98 acres The request is to add additional storage buildings. Does any member of the audience or member of the Planning Commission wish to remove either of those items from the consent agenda to • discuss? Seeing none, I 'll ask that you call the roll for the consent agenda. ROLL CALL: Upon roll call the consent agenda is approved by unanimous vote of 9-0-0. • TCA Cable 0 STAFF REVIEW FORM A. 3. Page I _X_ AGENDA REQUEST • CONTRACT REVIEW GRANT REVIEW FOR: COUNCIL MEETING OF April 17, 2001 MAYOR'S APPROVAL FROM: Kit Williams City Attorney Legal Name Division Department ACTION REQUIRED: A resolution approving an extension with TCA Cable Partners to temporarily operate the cable communications system until June 30, 2001 . COST TO CITY: Cost of this Request Category/Project Budget Category/Project Name Account Number Funds Used to Date Program Name Project Number Remaining Balance Fund • BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Accounting M7. er Date Internal Auditor Date _ / - / U ( City AttorrieFl Date ADA Coordinator Date Purchasing Officer Date STAFF RECOMMENDATION: Pass Resolution CROSS REFERENCE Division Head Date New Item: Yes N� Department Director Date } p Previous 9rdinartce/Resolution No.: Administrative Services Director Date • Mayor Date