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Home My WebLink About2002-06-18 - Agendas - Final ! -7 FAYETTEVILLE i THE Orrr OF FAYMEMLM ARKANSAS FINAL AGENDA CITY COUNCIL JUNE 189 2002 A meeting of the Fayetteville City Council will be held on June 18, 2002 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. A. CONSENT AGENDA 1 , APPROVAL OF THE MINUTES 2, APAC: A resolution awarding Bid 02-34 and approval of contract with APAC- Arkansas, Inc. McClinton Anchor, in the amount of $22, 190.00 plus a 10% project contingency of $2,212.90 and $500.00 for testing for a total cost of $24,841 .90. 3. SOCCER UNIFORM: A resolution awarding Bid 02-27 to purchase soccer uniforms from Score Uniforms at an estimated amount of $ 19,000.00 for the Fall Season and $5 ,000.00 for the Spring 2003 Season. 4. CENTRAL EMS: A resolution approving the renewal of the contract with Central Emergency Medical Services, Inc. 5. BID 02-35: A resolution awarding Bid 02-35 in the amount of$70,200 to Industrial Maintenance Assistance for welding services. B. OLD BUSINESS 1 . RAZE AND REMOVAL: A resolution approving a raze and removal of house at 1200 S. Roberts as per Ordinance 3948. The item was tabled at the May 7, 2002 meeting. (Item will be tabled at the council meeting). 2. PLANNING COMMISSION APPEAL: Appeal of a Planning Commission Decision regarding LSD 02-7.00 for property located at the southwest corner of Fletcher Avenue and Rodgers Drive. The item was tabled at the May 7, 2002 meeting. 113 WEST MOUNTAIN 72701 479621-7700 FAX 4796766257 C. NEW BUSINESS 1 . LIBRARY BOARD: An ordinance recognizing that the FPL and its Board are, and have been, operating and functioning as a duly authorized municipal library in accord with state and local law. 2. RZN 02-14.00: An ordinance approving rezoning request RZN 02-14.00 as submitted by Raymond Smith on behalf of John & Janet Kesner for property located at the northeast comer of Crossover (Hwy 265) and East Zion Road. The property is zoned A- 1 . Agricultural and contains approximately 2. 80 acres. The request is to rezone to R-O, Residential Office. 3. VA 02-1 : An ordinance approving vacation request VA 02-1 .00 as submitted by Ken and Kathie Marvin for property located in Rochier Heights Subdivision. The request is to vacate the alley between Lots 8,9, 10 and 11 of Blocks. 4, SENIOR CENTER: A resolution approving Change Order No. 2 to the contract with Harrison Davis Construction in the amount of$33,664 for the Senior Center and granting additional time to the contractor. 5. TROLLEY SERVICE: a) A resolution to authorize the transfer of all of the city' s trolley to Ozark Regional Transit in exchange for transportation services. b) A resolution to approve the purchase of $70,000 worth of transportation services for Fayetteville citizens from Ozark Regional Transit and to approve a budget adjustment of $70,000. 6. WARD BOUNDARIES: An ordinance modifying the boundaries of Ward 1 and Ward 2 of the City of Fayetteville after the 2000 Federal Census. 7. OFFER AND ACCEPTANCE : A resolution approving the offer and acceptance contract between the City and Darrell and Ethel Meredith for the purchase of 0.4 acres, including 3,400 square foot building at the comer of Nonamaker Street and School Avenue for a sum of$ 120,000 plus closing costs, and an additional $9,000 to cover environmental soil testing and building modifications for use as city storage. �E�� Meeting of June 18, 2002 C REYNOLDS ✓ ✓ THEIL ✓ ✓ YOUNG ✓ MARR ✓ BECHARD ✓ DAVIS ✓ SANTOS y5�� JORDAN COODY ✓ V \ NV REYNOLDS ✓ THIEL ✓ YOUNG ✓ MARR ✓ BECHARD z/ DAVIS JORDAN ✓ COODY Meeting of June 18, 2002 �� AV REYNOLDS J THEIL YOUNG t/ MARR v BECHARD DAVIS � JORDAN COODY COODY � - I �y 2 REYNOLDS THIEL YOUNG MARR BECHARD DAVIS JORDAN COODY Meeting of June 18, 2002 Z w REYNOLDS ✓ t/ i/ THEIL YOUNG f MARR BECHARD DAVIS f ✓ ISANTGS JORDAN COODY REYNOLDS THIEL YOUNG � - MARR BECHARD DAVIS JORDAN COODY Meeting of June 18, 2002 lyii 1 / L REYNOLDS THEIL YOUNG MARR BECHARD DAVIS JORDAN ✓ COODY i REYNOLDS THIEL C/ YOUNG MARR BECHARD DAVIS JORDAN COODY Meeting ofJk 8, 2002 REYNOL S THEIL f YOUNG MARK BECHARD DAVIS L� - JORDAN COODY C G REYNOLDS THIEL YOUNG MARR f BECHARD c/ DAVIS JORDAN COODY L � l- ' FAYETTEVI& LE TM C7rY OF FAYETTEV LLE MCANSM FINAL AGENDA CITY COUNCIL JUNE 189 2002 A meeting of the Fayetteville City Council will be held on June 18, 2002 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. A. CONSENT AGENDA �G\�v 1 . APPROVAL OF THE MINUTES P73 - z 2 awarding Bid 02-34 and approval of contract with APAC- Arkansas, Inc. McClinton Anchor, in the amount of $22, 190.00 plus a 10% project contingency of $2,212.90 and $500.00 for testing for a total cost of $24,841 .90. E5, 9 �i`' O.Z awarding Bid 02-27 to purchase soccer uniforms from Score Uniforms at an estimated amount of $ 19,000.00 for the Fall Season and $5 ,000.00 for the Spring 2003 Season. A75, 9s'- 0.2 4 CENTRAL EMS : A resolution approving the renewal of the contract with Central Emergency Medical Services, Inc. E5 . to ' D awarding Bid 02-35 in the amount of$70,200 to Industrial Maintenance Assistance for welding services. B. OLD BUSINESS 1 . RAZE OVAL: A resolution approving a raze and removal of house at L 1200 S. Roberts as per Ordinance 3948. The item was tabled at the May 7, 2002 (� ' meeting. (Item will be tabled at the council meeting). E NNINK COMMSSION APPE,10APpeal of a Planning Commission ecision regarding LSD 02-7.00 for property located at the southwest corner of Fletcher Avenue and Rodgers Drive. The item was tabled at the May 7, 2002 meeting. V' 777 WEST NIOUNTA N n nK 4794M-7700 FAX 4704764M C. NEW BUSINESS Af A . ,2IBRAR ROARD9 An ordinance ecognizing that the FPL and its Board are, and ave been, operating and functioning as a duly authorized municipal library in accord w' state and local law. Q 4#Q - . approving rezoning request RZN 02- 14.00 as submitted by Raymond Smith on behalf of John & Janet Kesner for property located at the northeast corner of Crossover (Hwy 265) and East Zion Road. The property is zoned A- 1 , Agricultural and contains approximately 2. 80 acres. The request is to rezone to R-O, Residential Office. 3. A 02-I : An ordinance approving vacation request VA 02- 1 .00 as submitted by Ken and Kathie Marvin for property located in Rochier Heights Subdivision. The request h^ a`, is to vacate the alley between Lots 8,9, 10 and 11 of Block5 . E approving Change Order No. 2 to the contract with Harrison Davis Construction in the amount of$33,664 forthe Senior Center and \ � granting additional time to the contractor. d- ivlj lic -4 a e" " "� '';e� ESI 7Q��.Z 5_ TROLLEY SERVICE GA resolution to authorize the transfer of all of the city's trolley to Ozark Regional Transit in exchange for transportation services. PS. to approve the purchase of $70,000 worth of transportation services for Fayetteville citizens from Ozark Regional Transit and to approve a budget a 'ustment of $70,000. modifying the boundaries of Ward 1 and Ward 2 of the City of Fayetteville after the 2000 Federal Census. 7, OFFER AND A • A resolution approving the offer and acceptance ontract between the City and Darrell and Ethel Meredith for the purchase of 0.4 acres, including 3,400 square foot building at the comer of Nonamaker Street and School Avenue fora sum of$ 120,000 plus closing costs, and an additional $9,000 to cover environmental soil testing and building modifications for use as city storage. 9. 'as file( FAYETTEV& LE • THE CT' OF FAYMEV"F, ARKANSAS FINAL AGENDA CITY COUNCIL JUNE 18, 2002 A meeting of the Fayetteville City Council will be held on June 18, 2002 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. A. CONSENT AGENDA 1 . APPROVAL OF THE MINUTES \� 2. APAC: A resolMtiQp awarding Bid 02-34 and approval of contract with APAC- Arkansas, Inc. McClinton Anchor, in the amount of $22, 190.00 plus a 10% project contingency of $2,212.90 and $500.00 for testing for a total cost of $24,841 .90. awarding Bid 02-27 to purchase soccer uniforms from Score Uniforms at an estimated amount of $ 19,000.00 for the Fall Season and $5,000.00 for the Spring 2003 Season. 49 approving the renewal of the contract with Central Emergency Medical Services, Inc. 5 Rin A resnhitinn awarding Bid 02-35 in the amount of$70,200 to Industrial Maintenance Assistance for welding services. B, OLD BUSINESS RAZE-RAND REMOVAL: A resolution approving a raze and removal of house at 1200 S . Roberts as per Ordinance 3948. The item was tabled at the May 7, 2002 6meeting. (Item will be tabled at the council meeting). PLANNINAwwqG . .!pi !a, of a Planning Commission Decision regarding SD 02-7.00 for property located at the southwest comer of tcher Avenue and o gers Drive. The item was tabled at the May 7, 2002 I' meeting. 111 WEST MOLWAN 72701 1794M-7700 FAX 479-676-8267 C. NEW BUSINESS recognizing that the FPL and its Board are, and / ave been, operating and functioning as a duly authorized municipal library in accord w' h state and local law. !i . . 2. N 02-14.00: An ordinan approving rezoning request RZN 02- 14.00 as submitted by Raymond Smith on behalf of John & Janet Kesner for property located at the northeast comer of Crossover (Hwy 265) and East Zion Road. The property is zoned A- 1 , Agricultural and contains approximately 2.80 acres. The request is to rezone to R-O, Residential Office. 3. A--01-1 :� ordinance approving vacation request VA 02-1 .00 as submitted by Ken and Rae Marvin for property located in Rochier Heights Subdivision. The request y� is to vacate the alley between Lots 8,9, 10 and 11 of Blocks. ` a_ SENIOR CENTER: A resolution approving Change Order No. 2 to the contract with Harrison Davis Construction in the amount of$33,664 for the Senior Center and granting additional time to the contractor. 5- TROLLEY SERVICE: a A resolujign to authorize the transfer of all of the city's trolley to Ozark Regional Transit in exchange for transportation services. A =snintinp to approve the purchase of $70,000 worth of transportation services for Fayetteville citizens from Ozark Regional Transit and to approve a budget 1. a 'ustment of $70,000. c modifying the boundaries of Ward 1 and Ward 2 of the City of Fayetteville after the 2000 Federal Census. 7. OFFER AND ACCEPTANCE: resolution approving the offer and acceptance con�tract�ween a itfi C ty and Darrell and Ethel Meredith for the purchase of 0.4 acres, including 3,400 square foot building at the comer of Nonamaker Street and �✓ School Avenue for a sum of$ 120,000 plus closing costs, and an additional $9,000 to I� cover environmental soil testing and building modifications for use as city storage. I co - ► - C) Through the Lookinla Glass Dear Council Members, The purpose of this page is to give you a brief recap of how we got here and what the facts are regarding this project from the applicant's perspective. We feel it is necessary to do this because people seem to keep getting confused as to the purpose of the Large Scale Development plan. It has gotten so confusing over the last year that the Chairman of the Planning Commission actually forgot under what conditions the Commission had granted us a waiver of street frontage. And this is the key issue, let us take you back to the beginning. In the fall of 2000 Mr. Schmitt purchased a lot on Mt. Sequoyah. Later that fall, Mr. Dandy purchased two lots adjacent. These three lots were in an EXISTING, PRE-PLATTED, and PRE- DEVELOPED subdivision. This existing subdivision was zoned R-2. We bought these properties because of the above facts. We applied for and were granted a property line adjustment. At this time, Tim Conklin met with Mr. Schmitt, Mr.Osbome (my attorney), and Kit Williams, the City attorney. Tim informed us that in his opinion there was a frontage issue because the street right-of-way that was originally dedicated for these lots had never been improved (paved). We immediately offered to pave the street, but the City staff told us they didn 't want another street there and that they would support asking for a waiver of the required frontage for these three (now two) lots. We of course agreed that we would rather get a waiver. Mr. Conklin then put the item on the next Planning Commission (PC) meeting. At this first meeting with Tim Conklin, there was NO mention of having to submit a Large Scale Development plan for the waiver to be approved. Both parcels of land were owned separately and were less than an acre so they wouldn't fall under the definition in the Uniform Development Ordinance requiring a LSD. A few days later, we hired Kelly brothers excavating to clear our lots. This is a common practice with builders when they have a difficult site to build on. This allows for one to see what can be done with the property. Since these were existing pre-platted lots, we were well within our rights to clear our lots. It is just the same as if we bought a lot in Covington Parke or Brookbury Woods. We now regret this decision to remove the trees. We feel it has been the source of all the resistance we have had to building on our property. On the morning of the PC meeting (two days after lot clearing) we received a fax that indicated a new condition of approval for the requested waiver - an approved LSD. We feel that this was a punitive measure on the part of City staff and we would have withdrawn our request for the frontage waiver had we known about the LSD requirement in time. As it was, the PC approved a waiver of frontage for the two parcels under the condition that an LSD was submitted and met all City ordinances. The other condition of approval was that each parcel of property have a maximum of six (6), four (4) bedroom units. This was 24 bedrooms and 26 parking spaces per lot. We then decided to accept these conditions and tum in an LSD for each lot and get our approval that way instead of fighting the commission. At that time, we each had $ 106,000 in our lot cost. Over the past year, we have turned in three totally different sets of LSD plans to the PC. Each set has ` included a reduction in density from what the PC approved as a maximum in the waiver conditions. Each LSD has had full support and recommendation of the City Planning department. The only item the PC could reference in their denial of approval was street safety. We have had two traffic/ street studies completed. One, by your City traffic division and two, at the direction of the PC, we hired the best Traffic engineer in the State (he was recommended by the City Engineering Dept.). Both studies concluded that the street was safe and could handle the traffic increase. After 13 months, our costs in the project are now $ 175,000 per lot. Mr. Dandy and 1 have spent well over $ 120,000 combined in interest and engineering fees trying to comply with the City regulations. All of this for two lots that should have been issued building permits weeks after they were purchased. As it stands, we have a few options. One, you approve this LSD and we build on our property. Two, you reject the LSD and we build the road in front of the property (this road design is going before the PC at the next meeting) and tum in a building permit in which the City has no control over density, looks, landscaping, etc. . or Three, you deny the LSD and the road design is denied, we file suit in the appropriate court for denying us the right to develop our property. We certainly hope it doesn't come to the last option. We have tried to do everything under the sun to make everyone involved happy, but it hasn 't seemed to be possible. We realize that since we started this project there has been a shift towards meeting with neighbors and taking their input as well as an increased sensitivity to tree removal. If we could do it all over again, we would love to incorporate these types of approaches to development in our efforts to build on this property. I would advise anyone trying to develop in Fayetteville to accommodate these things in their development planning. Unfortunately, none of this was in vogue when we started and now we arc being penalized for not following these avenues and for owning property in a politically and historically sensitive area of town. Sincerely, Robert N. Schmitt Brian C. Dandy D� h low lli. ) l - Od .o LO ~ Z \ \\ I r2 A - " 00 I F-wo � O F- F- `� z -- - j 4 41 � 44 w FlETCHER Sr \fie IWO to boo ot too oo 14 to ��H•r,1► fes. : lAyij-or , ' i.':�: ♦ '••� .' tia'o. : •_. . ,Mi'''d• 1 ' f ��••'� i •.►_ �� . :jail. :'. . •ft ::�T b ► '� 1 I .. oA uv x 01 rim 0 no t:00 to jzz zi I all : t �!♦ 11 . . + :FGA. ttwo . E toN a_: • -:. too '' i{ n'a. 1. : : + • ' ' � � ;` ll oj6r C� � .f�4 • �t�1� ' : �II '' ``•1 Y�w�.-fr1 J• 1 �Yr?Y�: milto V!- 1 • il . � � �f• . 11 ,.,•� . cs ■ t • :` C a .*. �': • c ry t I int16• C+. • �•4 • VI j 1� , .�ht ' • t s I r _r 77 °`- lip ,40811:11 Aa i •.•�� /i . y. •11141` t .�� ' �+ D . • 1 R C� t. _ 1 �'.••'�_ .�•1i1:~•• • 7 < • )+'gyp btr,1'�r►r--r!?` u • ' ;: .._ ' .NCL ••J'� tL � :4� construction History My construction history began after I graduated from the University of Arkansas, where I studied Engineering and Business Management. Since 1991 , 1 have been principally responsible for 140+ construction projects totaling over 40 million dollars worth of construction. These projects have all been in Northwest Arkansas with the majority in the Fayetteville area. These projects are typically 5300,000 - $ 5009000. In the past 11 years, I have had little or no complaints about the overall quality of my projects. Only since I built on an infill lot in the historic district and cleared my R-2 lot on Mt. Sequoyah have any questions arisen. I hope the following pictures, which show a brief sampling of my Fayetteville projects, will give you an idea of the quality that I strive to include in all my projects. I intend to live in Fayetteville for the rest of my life and want to be proud of the projects with which I am associated. As a good faith effort on my part, I will be glad to enter into a Bill • of Assurance with the City of Fayetteville regarding the type of construction, interior and exterior materials, and overall landscape plan to be used on the Fletcher Street project. Mr. Dandy has also agreed to do this on his project . The following is a list of what we are willing to put in the Bill of Assurance: • Full masonry on at least 50 % of each unit • Rock to be used on at least half of the proposed houses • Architectural shingles • No vinyl siding on any structure in this project Elevations shown will be used for Units 1 - 6 Privacy fencing along only adjoining residential lot (west side) • Units will be set up so that they can be sold individually (under the horizontal property regime) Property owners will join neighborhood association POA will control all landscape maintenance Interiors will have We, wood, and carpeting - no linoleum • Interiors will all have fireplaces, file countertops, 2-inch wood blinds, and crown molding. • 0 Fully sodded yards • lOgg mm a . l Imp • • Previous Developments The pages In this section will show you the development projects t have been Involved with In the Fayetteville area. There have been three and the first two were in the City of Fayetteville's growth zone. The third was In Fayetteville's historic district and was the first multiolamity project I have built. t. Project One — Altus Development (1999) Il. Project Two — Robinwood Development (2000) * This development was named In honor of Robin Lynn woods (1975 — 1996) In. Project Three — Olive Street Cottages (2001) As this project was In the historic district, I avoided building a single tour-plex or slx-plex (as was allowed by zoning) and putting in one large parking lot. • Instead, I used a house design from the 1940's and tried to place the units so that they looked like small cottages. Each unit has covered parking. S 89018'32' W 400 04 WN E S 1.72 . r 4"J-y' - 1a BURD�G ETBACx 4 ` 7I \ky`+`i .-], •;♦ WI { 3I S� i 0A, 1 „ ! ♦ t7y ^- L i{ A .. I I4 ! ^+E7 v � } � .. Joe { r ;2auF ?�I ftp- ' ,• ,1,s ,\le � a' aSI I �loo t��4.� lrltl +' { 0t r ) StA • � fii l+ ii �I150' O ARKS ' ve }1. C 4 r 1 • {nt 7 ° 1x ' I` r � � L,uy, •>' -{ �� , tF~ ' _�6•� I Yj 4T ? 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