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HomeMy WebLinkAbout2002-12-17 - Agendas - Final FAYETTEVIVLE THE CrrY OF FAYErrEVRLE. ARKANSAS FINAL AGENDA CITY COUNCIL DECEMBER 17, 2002 A meeting of the Fayetteville City Council will be held on December 17, 2002 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. GOVERNMENT FINANCE OFFICERS ASSOCIATION AWARD A. CONSENT 1 . APPROVAL OF THE MINUTES I2. BID 02-63 : A resolution awarding Bid No. 02-63 to RJM Manufacturing in the not-to-exceed amount of 5150,000 for the purchase of up to 300 solid waste yard containers. The containers will vary in size from two to eight yards and will service multi-family dwellings and commercial businesses. 3. BID 02-70: A resolution awarding Bid 02-70 to Rehrig Pacific in the amount of 513,666.09 for the purchase of 1 ,500 bins and 2,000 lids for the city's curbside recycling program. 4. WATER TANKS : A resolution awarding the construction contract to Eagle Sandblasting and Painting, Inc. for the repainting of the Rodgers Dr. & Goshen water tanks in the amount of $295,427.00, with a contingency of S29,573 .00 along with the approval of a budget adjustment. 5. SOUTHERN VIEW APT. : A resolution to accept the recommendation of the Fayetteville Parks and Recreation Advisory Board to accept money- in-lieu of land for Southern View Apartments. 6. REGIONAL AIRPORT: A resolution appointing Tommy Deweese and Don Nelms to the Regional Airport Authority' s Board of Directors. 113 WEST MOUNTALN 727o1 474671-7700 FAX 4748768757 B. OLD BUSINESS 1 . RZN 02-37.00 : An ordinance approving rezoning request RZN 02-37 .00 as submitted by Milholland Company on behalf of Ozark Adventure for property located cast of Futrall Drive, west of Baldwin Piano, and south of Hollywood Drive. The property is zoned R-O, Residential Office and contains approximately 17. 70 acres. The request is to rezone to C-2, Thoroughfare Commercial. Ordinance was left on the first reading at the November 19, 2002 meeting and left on the second reading at the December 3, 2002 meeting. 2. IMPACT FEES : An ordinance enacting impact fees for all territory within the City' s water and wastewater service areas including areas outside the corporate city limits and within the service areas located within Washington County and other incorporated cities. Ordinance was left on the second reading at the November 25, 2002 and left on the third reading at the December 3 , 2002 meeting and tabled until the December 17, 2002 meeting. 3. RZN 02- 18.009 19.009 20.009 29.009 30.00, 31 .00 and 32.00: Ordinances approving rezoning requests as submitted by the City of Fayetteville Planning Division on behalf of the Mill District Neighborhood Association. This ordinance was left on the second reading at the December 3, 2002 meeting. 4. FRANCHISE; FEE: An ordinance setting the franchise fee of four and one-quarter percent (4Y.%) on the gross revenues of the City Solid Waste, Water and Sewer Funds and repealing Ordinance No. 3804. The ordinance was left on the first reading at the December 3, 2002 meeting. 5. 2003 BUDGET: A resolution adopting the proposed 2003 Annual Budget and Work Program. The resolution was tabled at the December 3, 2003 meeting. C. NEW BUSINESS 1 . WATER TANK SITE : A resolution approving the sale of 2.0 acres of the City's Gully Rd. Water Tank site ( 12 .0 ac) as requested by Ozark Electric Cooperative for the appraised price of $70,000.00 including access to and from Gulley Road, plus payment for specific City costs associated with the preparation of said property to be sold. 2. ADM 02-37.00: A resolution approving amendments to the Bill of Assurance submitted with Ordinance No. 4410, passed and approved by the City Council on August 20, 2002. r 3. RZN 02-39.00 : An ordinance approving RZN 02-39.00 as submitted by Tim DeNoble on behalf of John Eldridge, III for property located at 210 N. East Ave. The property is zoned R-O, Residential Office and contains approximately 0. 70 acres. The request is to rezone to C-3 , Central Commercial. 4, RZN 0240.00 : An ordinance approving RZN 02-40.00 as submitted by Jerry Kelso of Crafton , Tull & Associates on behalf of David Slone for property located behind 3195 N. College and cast of Plainview Ave. The property is zoned A- 1 , Agricultural, C-2, Thoroughfare Commercial and R- 1 , Low Density Residential and contains approximately 8.84 acres. The request is to rezone to RMF- 18, Medium Density, Multi-Family Residential . 5. VA 02-15.00: An ordinance approving VA 02- 15 .00 as submitted by Ross Mallioux for property located at 2309 Golden Oaks Dr. The property is zoned R- 1 , Low Density Residential and contains approximately 0.30 acres. The request is to vacate part of the utility easement (75 . 7 sq . ft.) 6. COUNCIL ON AGING : An ordinance approving an agreement with the Council on Aging to provide public recreation for the citizens of Fayetteville and to waive competitive bidding for the payment to the Council on Aging in 2003 for the provision of public recreation. 7. BOYS & GIRLS CLUB : An ordinance approving an agreement with the Fayetteville Boys and Girls Club to provide public recreation for the citizens of Fayetteville and to waive competitive bidding for the payment to the Fayetteville Boys and Girls Club in 2003 for the provision of public recreation. 8. FIRST NIGHT: Discussion of a resolution to approve funding for First Night 2002. D. INFORMATIONAL ITEM : 1 . 2003 Community Development Block Grant (CDBG) annual action plan. PRESENTATION FOR OUT GOING ALDERMAN Meeting of December 17,"2002 REYNOLDS THEII. 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MI& ARKANSAS FINAL AGENDA CITY COUNCIL DECEMBER 17, 2002 A meeting of the Fayetteville City Council will be held on December 17, 2002 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. GOVERNMENT FINANCE OFFICERS ASSOCIATION AWARD (� A. CONSENT 1. APPROVAL OF THE MINUTES 2. BID 02-63: A resolution awarding Bid No. 02-63 to RJM Manufacturing in the not-to-exceed amount of $ 150,000 for the purchase of up to 300 solid waste yard containers. The containers will vary in size from two to eight yards and will service multi-family dwellings and commercial businesses. 3. BID 02-70: A resolution awarding Bid 02-70 to Rehrig Pacific in the amount of $ 13,666.09 for the purchase of 1 ,500 bins and 2,000 lids for the city's curbside recycling program. 4. WATER TANKS: A resolution awarding the construction contract to Eagle Sandblasting and Painting, Inc. for the repainting of the Rodgers Dr. & Goshen water tanks in the amount of $295,427.00, with a contingency of $29,573.00 along with the approval of a budget adjustment. 5. SOUTHERN VIEW APT.: A resolution to accept the recommendation of the Fayetteville Parks and Recreation Advisory Board to accept money- in-lieu of land for Southern View Apartments. 6, REGIONAL AIRPORT: A resolution appointing Tommy Deweese and Don Nelms to the Regional Airport Authority's Board of Directors. 113 WEST MourrrAN 72701 478Q1-7100 FAX 4704754M B. G, D BUSINESS 1J RZN 02-37.00: An ordinance approving rezoning request RZN 02-37.00 as submitted by Milholland Company on behalf of Ozark Adventure for / property located east of Futrall Drive, west of Baldwin Piano, and south of Hollywood Drive. The property is zoned R-O, Residential Office and contains approximately 17.70 acres. The request is to rezone to C-2, Thoroughfare Commercial. Ordinance was left on the first reading at the November 19, 2002 meeting and left on the second reading at the December 3, 2002 meeting. IMPACT FEES: An ordinance enacting impact fees for all territory ;o within the City's water and wastewater service areas including areas y� 1( outside the corporate city limits and within the service areas located within \,J' \ Washington County and other incorporated cities. Ordinance was left on p� the second reading at the November 25, 2002 and left on the third reading at the December 3, 2002 meeting and tabled until the December 17, 2002 meeting. 3. /� /RZN 02-18.00, 19.009 20.009 29.00, 30.00, 31.00 and 32.00: Ordinances approving rezoning requests as submitted by the City of Fayetteville Planning Division on behalf of the Mill District Neighborhood Association. This ordinance was left on the second reading at the December 3, 2002 meeting. 4. ✓✓f FRANCHISE FEE: An ordinance setting the franchise fee of four and one-quarter percent (4'/.%) on the gross revenues of the City Solid Waste, Water and Sewer Funds and repealing Ordinance No. 3804. The ordinance was left on the first reading at the December 3, 2002 meeting. 5. 2003 BUDGET: A resolution adopting the proposed 2003 Annual Budget and Work Program. The resolution was tabled at the December 3, 2003 meeting. C. W BUSINESS 1. WATER TANK SITE: A resolution approving the sale of 2.0 acres of the City's Gully Rd. Water Tank site (12.0 ac) as requested by Ozark k� ll Electric Cooperative for the appraised price of $70,000.00 including r access to and from Gulley Road, plus payment for specific City costs associated with the preparation of said property to be sold. 3. ADM 02-37.00: A resolution approving amendments to the Bill of Assurance submitted with Ordinance No. 4410, passed and approved by the City Council on August 20, 2002. 1 3.'//j RZN 02-39.00: An ordinance approving RZN 02-39.00 as submitted by LI Tim DeNoble on behalf of John Eldridge, III for property located at 210 N. East Ave. The property is zoned R-O, Residential Office and contains approximately 0.70 acres. The request is to rezone to C-3, Central Commercial. 4. ,/ RZN 0240.00: An ordinance approving RZN 0240.00 as submitted by Jerry Kelso of Crafton , Tull & Associates on behalf of David Slone for t� property located behind 3195 N. College and east of Plainview Ave. The 4 1�( property is zoned A- 1 , Agricultural, C-2, Thoroughfare Commercial and Y R- 1 , Low Density Residential and contains approximately 8.84 acres. The request is to rezone to RMF-18, Medium Density, Multi-Family /Residential. 5. ✓,iJA 02-15.00: An ordinance approving VA 02-15.00 as submitted by j Ross Mallioux for property located at 2309 Golden Oaks Dr. The (� property is zoned R- 1 , Low Density Residential and contains approximately 0.30 acres. The request is to vacate part of the utility easement (75.7 sq. ft.) 64 COUNCIL ON AGING: An ordinance approving an agreement with the Council on Aging to provide public recreation for the citizens of Fayetteville and to waive competitive bidding for the payment to the ouncil on Aging in 2003 for the provision of public recreation. ,rte , 7, Z_ OYS & GIRLS CLUB: An ordinance approving an agreement with the ayetteville Boys and Girls Club to provide public recreation for the citizens of Fayetteville and to waive competitive bidding for the payment to the Fayetteville Boys and Girls Club in 2003 for the provision of public recreation. 8, FIRST NIGHT: Discussion of a resolution to approve funding for First Night 2002. D. INFORMATIONAL ITEM: 1 . 2003 Community Development Block Grant (CDBG) annual action plan. PRESENTATION FOR OUT GOING ALDERMAN // /� MINUTES OF A MEETING OF THE CITY COUNCIL NOVEMBER 19, 2002 A meeting of the Fayetteville City Council will be held on November 19, 2002, at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Coody, Alderman Reynolds, Thiel, Young, Marr, Davis, Santos, Jordan, City Attorney Kit Williams, City Clerk Heather Woodruff, Staff, Press and Audience. CONSENT APPROVAL OF THE MINUTES ELEVATOR: Resolution awarding Bid 02-66 in the amount of $26,246toThyssenKrupp Elevator for the repair of an elevator in the Fayetteville Police Building. RESOLUTION 175-02 AS RECORDED IN THE OFFICE OF THE CITY CLERK OFFER AND ACCEPTANCE: A resolution approving the offer and acceptance contract for the acquisition of all property located at 2050 W. 60' Street for the relocation of the Sang Avenue intersection with 66' Street; and approval of a budget adjustment. RESOLUTION 176-02 AS RECORDED IN THE OFFICE OF THE CITY CLERK CROSSLAND CONSTRUCTION: A resolution approving Change Order #5 to the contract with Crossland Construction Company, Inc. in the amount of $402,895.84. to purchase and install exterior cladding for the New Fayetteville Public Library. RESOLUTION 177-02 AS RECORDED IN THE OFFICE OF THE CITY CLERK. Alderman Davis moved to approve the Consent agenda. Alderman Marr seconded. The motion carried unanimously. OLD BUSINESS MARTIN LUTHER KING, JR. STREET: A resolution to designate 6th Street as honorary Martin Luther King, Jr. Boulevard. The resolution was tabled at the November 59 2002 meeting. I FAYETTEVRLE • THE Cltt Of FAYFITSVIUL ARKANSAS KIT WILLIAMS, CRY ATfoRNEY DAVID mirrAKER, ASST. CITY ATTORNEY LEGAL DEPARTMENT DEPARTMENTAL CORRESPONDENCE TO: Dan Coody, Mayor THRU: Heather Woodruff, City Clerk L) I FROM: Kit Williams, City Attorney DATE: December 18, 2002 RE: Passed Ordinances and Resolutions from City Council meeting of December 17, 2002 The following Ordinances and Resolutions were passed at the last City Council meeting and are ready for the mayor's signature. Enclosed are: 1 . Bid 02-63: Resolution awarding bid to RJM Manufacturing in not to exceed amount of $150,000 for purchase of up to 300 solid waste yard containers; 2. Bid 02-70: Resolution awarding bid to Rehrig Pacific in /9S Da- amount of $13,666.09 for purchase of 1,500 bids and 2,000 lids for city's curbside recycling program; 3. Water Tanks: Resolution awarding construction contract to 1Q(� 01 Eagle Sandblasting and Painting, Inc. for repainting of Rodgers Drive and Goshen water tanks in amount of $295,427 with contingency of $29,573 along with approval of budget adjustment; 4. Southern View Apt: Resolution to accept recommendation of Fayetteville Parks and Recreation Advisory Board to accept money in lieu of land for Southern View Apartments; 5. Regional Airport: Resolution appointing Don Nelms and 1g9 .49,2 Tommy Deweese as Fayetteville's two representatives on the Northwest Arkansas Regional Airport Authority Board; 6. RZN 02-37.00: Ordinance approving rezoning request as submitted by Milholland Co., on behalf of Ozark Adventure &j4/o for property located east of Futrall Drive, west of Baldwin Piano, and south of Hollywood Drive; property is zoned R-O and contains approximately 17.70 acres request is to rezone to C-2; 7. Impact Fees: Ordinance enacting impact fees for all territory within City's water and wastewater service areas including 1/ f 7 areas outside corporate city limits and within service areas located within Washington County and other incorporated cities; 8. RZN 02-18.00, 19.00, 20.00, 29.00, 30.00, 31.00 and 32.00: � LI 'L8 Ordinances approving rezoning requests as submitted by City T � 7 of Fayetteville Planning Division on behalf of Mill District Neighborhood Association; 9. Franchise Fee: Ordinance setting franchise fee of 41/4 % on 7gzAel 77 / gross revenues of City Water and Sewer Funds and 3% on 77 f Gross Revenues of Solid Waste Funds and repealing Ordinance No. 3804; 10. 2003 Budget: Resolution adopting proposed 2003 Annual Budget and Work Program and the Hay Pay Plan for Police li?94a and Fire pay ranges; 11 . ADM 02-37.00: Resolution approving amendments to Bill of 0?00' Da Assurance submitted w/ Ordinance No. 4410, passed and approved by Council on August 20, 2002; 12. RZN 02-39.00: Ordinance approving rezoning as submitted by Tim DeNoble on behalf of John Eldridge, III for property located at 210 N. East Ave.; property was zoned R-0 and contains approximately .70 acres and was rezoned to C-3; 13. VA 02-15.00: Ordinance approving vacation as submitted by Ross Mallioux for part of a utility easement at 2309 Golden Oaks Dr.; 14. Council on Aging: Ordinance waiving competitive bidding and approving agreement w/ Council on Aging to provide public recreation for senior citizens of Fayetteville for 2003; 15. Boys & Girls Club: Ordinance waiving competitive bidding �3 requirements and approving agreement w/ Fayetteville Boys �{ and Girls Club to provide public recreation for citizens of Fayetteville in 2003; 16. First Night: Resolution approving funding in amount of $12,000 for First Night Fayetteville, Inc. to promote and manage alcohol free, family friendly and community oriented aQ I ' Da" celebration of New Yea's Eve for City of Fayetteville and approving a budget adjustment of $12,000; 17. DDEP: Resolution amending Resolution No. 181 .02 by amending its Section 1 and approving counteroffer to add 42 days to the completion date construction contract with Township Builders, Inc. for Downtown Dickson Enhancement Project. MINUTES OF A MEETING OF THE CITY COUNCIL . NOVEMBER 19, 2002 A meeting of the Fayetteville City Council will be held on November 19, 2002, at 6 :30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Coody, Alderman Reynolds, Thiel, Young, Marr, Davis, Santos, Jordan, City Attorney Kit Williams, City Clerk Heather Woodruff, Staff, Press and Audience. CONSENT APPROVAL OF THE MINUTES ELEVATOR: Resolution awarding Bid 02-66 in the amount of $26,246toThyssenKrupp Elevator for the repair of an elevator in the Fayetteville Police Building. RESOLUTION 175-02 AS RECORDED IN THE OFFICE OF THE CITY CLERK. OFFER AND ACCEPTANCE : A resolution approving the offer and acceptance contract for the acquisition of all property located at 2050 W. 6'h Street for the relocation of the Sang Avenue intersection with 61" Street; and approval of a budget adjustment. RESOLUTION 176-02 AS RECORDED IN TIME OFFICE OF TIIF. CITY CLERK. CROSSLAND CONSTRUCTION : A resolution approving Change Order #5 to the contract with Crossland Construction Company, Inc. in the amount of 5402,895 .84. to purchase and install exterior cladding for the New Fayetteville Public Library. RESOLUTION 177-02 A S RECORDED IN THE OFFICE OF THE CITY CLERK. Alderman Davis moved to approve the Consent agenda. Alderman Marr seconded. The motion carried unanimously. OLD BUSINESS MARTIN LUTHER KING, JR. STREET: A resolution to designate 6th Street as honorary Martin Luther King, Jr. Boulevard. The resolution was tabled at the November 5 , 2002 meeting. Alderman Thiel moved to amend the resolution making 6'h Street Honorary Martin Luther King Jr. Boulevard. Alderman Reynolds seconded the motion. The motion carried unanimously. Mr. Rhett Beard, an area resident, stated he supported the resolution and felt they needed to honor and to keep alive their generational stories for this generation and future ones. Ms. Cindy Nance, an area resident, stated she supported the honorary designation of 6'h Street as MLK Boulevard. Honorary designation did not have to go to Planning commission it could be given by a resolution. 6'h Street ran past the only high school in town, the university, and a historically black neighborhood. Since this is an honorary designation none of the merchants will have to change their letterhead or incur that cost. Since this is a State highway they will pay for the signage. Mr. Lonnie Williams, an area resident, stated he was in support of the change and asked them to support the resolution. Mr. John L. Colbert, an area resident, thanked the council for considering the designation and allowing the public input. They were in favor of the resolution. Ms. Hawkins, an area resident, stated Fayetteville had been the first city in the south to integrate and that she hoped they would continue to support them. Ms. Ernestine Gibson, an arca resident, stated she had been a member of the MLK committee for several years. She presented a petition in support of naming 6'h street MLK Jr. Boulevard. This was a positive step and outreach in this area. Ms. Lctte Wright, an area resident, stated she supported the designation. Mr. Steve Shephard, an area resident, stated 61h street was one of their primary routes to get to his house and he supported the change. Mr. David Garcia, an area resident, stated he would not be proud of them if they passed it. They should change the street name and not make it just an honorary designation. Alderman Reynolds stated he had a number of people wanting the committee to work on naming a street after Lewis Parry Bryant Jr. Alderman Marr asked if they had considered a time frame for changing the street name. Had they considered anything other than honorary or definite. Alderman Santos moved to pass the resolution. Alderman Jordan seconded. The motion carried unanimously. RESOLUTION 178-01 AS RECORDED IN THE OFFICE OF THE CITY CLERK. • CRYSTAL SPRINGS : A resolution to amend Resolution 153-02 to exempt that portion of the 600' buffer strip north of Clabber Creek lying west of Deane Solomon Road The resolution was tabled at the November 5 , 2002 meeting. Mr. Mel Milholland stated there had been seven years of planning to extend Crystal Drive into Deane Solomon in the Phase Three of Crystal Springs. They had gone through Subdivision Committee and were ready to go onto Planning Commission when the resolution was pass regarding the six hundred foot buffer. He asked that he council treat this developer • fairly. They had purchased land from the golf course and paid approximately S70,000 to move a green and a tee off in order to get closer to Deane Solomon. Their next step was to go through city property. They were asking the city to cost share the cost of the street extension. The city would own the property to there benefit in the future. It would give a through connection that had been planned for years between Deane Solomon and Salem . Alderman Thicl stated the street had been required by the Planning Commission. She believed that there had been a commitment from the city to share the cost of the street. In response to questions, Mr. Milholland stated there would be storm drains at Dean Solomon. Alderman Young stated he thought the storm drain along the property line should be the developer's responsibility. Alderman Davis stated he was concerned about people using the street as a through street and increasing the speed and the safety of the children. Mr. Williams stated this resolution would only remove the requirement that they not disturb this property. They were not expected to accept the terms of the letters. This simply removed the exemption from the buffer zone. The council would have to approve any cost share agreement at a later date. Alderman Davis moved to take the item off the table. Alderman 'Thiel seconded. The motion carried unanimously. In response to questions, Mr. Collins stated the task force had been trying to come up with reasonable recommendations. They were meant to be guide post. They were meant for the council to deal with them and to make decisions. The eleven acre strip came to them late in the process. He did not realize that this piece of the property was something that they should be considering until late. It never received explicit discussion. They nature of the six hundred foot buffer was intended to protect the quality of Clabber Creek. They had never been told about the road. Had they been told, then they would have dealt with it. Their primary concern was contiguous ecosystem protection. This eleven acres was not part of the contiguous ecosystem that they had been considering. • �► Ms. Jennifer Price, Crystal Springs Homeowners Association, stated without the passage of this resolution the developer could not go forward with his plans. She presented a petition with sixty signatures from homeowners in their association that wanted the road to go through. They did not want it to be as straight as it is, but those were Planning Commission items. If there was only one entrance into the subdivision, then over four hundred and fifty cars would be driving by the school every day. This developer had been working to good faith to satisfy the city's requests. Mr. Al Vic, an area resident, stated the city had agreed to protect this buffer zone. Mr. Tim Conklin, stated that in 1995 the Planning Commission had approved Phase 2 of Crystal Springs development contingent upon them finding another access into the development. After that approval the developer had gone out and found a second access. It was not until August of this year that Phase Three had been submitted to the Planning Division. After the task force resolution had been adopted he discovered that there was a six hundred foot buffer that prevented Crystal Springs Drive going over to Dean Solomon Drive. Mr. Jeff Erf, an area resident, asked when the city was going to begin the extensive study on the rest of the property. Ms. Shay Laster, an area resident, stated Crystal Springs would be the only street running parallel with Mount Comfort and it would turn into a collector street at some point in time. She thought it was fine for the street to go through, but she wanted assurances that it would be winding and more difficult to get to Dean Solomon. Mr. Conklin stated he did not expect to bring anything forward to the Planning Commission that did not have a cul-de-sac and a winding street. Mr. Jim Bemis, an area resident, stated they were planning on annexing seventy acres north of Crystal Springs. It would give them opportunity for another connection. He asked that they consider other options. He did not believe that they had to make a decision tonight. His did not think that this was a wise decision. Ms. Andrea Radwell, an area resident, stated he was concerned that it took so long for this street be brought forward. She thought the cost share would end up being very costly because of the type of soils. Mr. Garcia, an area resident, stated he felt they were trying to break their agreement. The level of trust is at an all time low. Ms. Fran Alexander, an area resident, asked when the evaluation of the property was going to be done. Alderman Reynolds stated there were two stubouts on Crystal Springs, hopefully there would be two more streets out of that subdivision. Ile thought that they had to have another way out of the subdivision for safety reasons. Alderman Reynolds moved to approve the resolution. Alderman Davis seconded. In response to questions, Mr. Williams read the resolution which amended Resolution 153-02 to exempt that portion of a six hundred foot buffer strip north of Clabber Creek lying west of Dean Solomon Road. Alderman Young asked if they were only exempting the west side of Dean Solomon and not affect any other part of the project? Mayor Coody replied that was correct. Mr. Williams stated that it only affected the six hundred foot buffer strip. Alderman Thiel asked what "that portion" referred to. Mr. Williams stated that it was the six hundred foot buffer lying west of Dean Solomon. Alderman Santos stated they did not need to exempt the entire six hundred feet, they only needed to exempt the part needed for the road. Alderman Thiel moved to amend the resolution to only exempt the arca needed for right-of-way across the buffer zone and to remove the "housing" Alderman Reynolds seconded. The motion carried 7- 1 , Marr voting nay. RESOLUTION 179-02 AS RECORDED IN THE OFFICE OF THE CITY CLERK. PLANNED ZONING DISTRICT: An ordinance establishing zoning district that permit the combination of development and zoning review into a simultaneous process and to eliminate Section 166.06 Planned Unit Development. The ordinance was left on the 1 " reading at the November 5, 2002 meeting. Mr. Williams read the ordinance. Alderman Marr moved to suspend the rules and move to the third and final reading. Alderman Davis seconded. The motion carried unanimously. In response to questions, Mr. Conklin stated they would be approving the master development plan. The planning commission would be making a recommendation to the council on the zoning. They would be voting on an ordinance that would be specific to that piece of property on the zoning map it would show up as a planned zoning district. It would have its own rules and regulations. The other part of this ordinance allowed the flexibility in design . They want people to bring them innovative development that was high quality and this was used in other cities across the United States and mitigate the impact of the development, Mr. Richard Maynard, an area resident, stated this would benefit the neighborhoods. This system would be more efficient. Mr. Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the motion carried unanimously. ORDINANCE 4434 AS RECORDED IN TIIE OFFICE OF THE CITY CLERK. REPLACEMENT FUND : An ordinance repealing Ordinance No. 1085 and establishing a replacement and disaster recovery fund. The ordinance was Icft on the I " reading at the November 5, 2002 meetings. Alderman Santos moved to suspend the rules and move to the second reading. Alderman Jordan seconded. The motion carried unanimously. Mr. Williams read the ordinance. Alderman Davis moved to add Section 4 to read, "the purpose of this directive is to establish the policy and procedure for the purchase and replacement, insurance cost, license fee, repair and maintenance of the items that cost $ 10,000 or less currently on the motor pool schedule." Alderman Reynolds seconded. The motion carried unanimously. Alderman Marr move to suspend the rules and move to the third and final reading. Alderman Santos seconded. The motion carried unanimously. Mr. Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. ORDINANCE 4435 AS RECORDED IN THE OFFICE OF THE CITY CLERK. NEW BUSINESS VA 02-12.00 and 02-13.00: An ordinance approving vacation request VA 02- 12 .00 and 02- 13 .00 as submitted by Greg House for property located at southwest comer of St. Charles Avenue and Watson Street. The request is to vacate a drainage casement. Mr. Williams read the ordinance. Alderman Davis moved to suspend the rules and move to the seond reading. Alderman Marr seconded. The motion carried unanimously. Mr. Williams read the ordinance. Alderman Young stated the conditions of approval were not listed in the actual ordinance. Mr. Conklin stated what they had intended on doing was holding the ordinance for approval by the Mayor and to bring it along with the large scale development. the engineer had been concerned to go forward without city council action, with the easements in place, they wanted some assurance that the easement could be vacated and the storm drainage could be relocated. The city attorney thought it would be more appropriate to put "subject to" in there. Mr. Williams stated once the city council had voted to approve the city ordinance it was going to be affective. He did not want to advise to the mayor not to sign something the city council had approved. He suggested adding a section 3 making the approval subject to the conditions of approval . It would not become affective until the related storm sewer is installed and accepted by the city of Fayetteville. Alderman Young moved to add section 3. Alderman Marr seconded. The motion carried 7-1 , Reynolds voting nay. Alderman Reynolds stated he was not sure about the drainage easement. He did not know where they would be going with the drainage. Mr. Conklin stated what was being vacated was the easement directly behind Colliers drug store. Ms. Mandy Bunch, Engineer, stated if it was physically possible to reroute the drainage around Watson Street right-of-way and back in. The new proposed development will have to detain, which was something that none of the up stream development had done. This line was a connivance. There was approximately eight acres that drains through this property now. As it exists now, it was through the back yards of three house along Watson Street. This pipe will be to convey the water that is currently empting into the ditch. There was a box culvert in place under the parking lot, that went into the stream then fed into the Dickson Street Enhancement project. Alderman Reynolds stated there was a current problem with the drainage that went under Jose. In response to questions, Mr. Sid Norbash, Engineering, state the drainage over at Jose's parking lot, one side of it was blocked. It docs run from that parking lot and comes to west, made a ninety degree angle and emptys in front of Ozark Brewery and into the rest of the system. Alderman Reynolds asked what this project would hook onto at the end of the three properties. Ms. Bunch stated there was an open ditch that ran back behind US Pizza and around and under Three Sisters. LEFT ON TPIE SECOND READING AS AMENDED. RZN 02-34.00: An ordinance approving rezoning request RZN 02-34.00 as submitted by Mel Milholland of Milholland Company on behalf of Roy and Stephanie Lovell for property located at 6310 W. Wedington Drive. The property is zoned A- 1 , Agricultural and contains approximately 2.8 acres. The request is to rezone to R- I , Low Density Residential. Mr. Williams read the ordinance. Mr. Conklin stated the applicant was requesting the rezoning for a lot split so that they could add a house. LEFT ON FIRST READING. RZN 02-35.00: An ordinance approving rezoning request RZN 02-35 .00 as submitted by Patsy Brewer of Habitat for Humanity for property located at 1075 and 1093 Jerry Street. The property is zoned R- i , Low Density Residential and contains approximately 0.35 acres. The request is to rezone the property to RS, Residential Small Lot. A4r. Williams read the ordinance. Ms. Patsy Brewer, Habitat for Humanity, stated they had had someone donate a house to them that they needed to move. This was a flat lot and they would like to move the house this calendar year. Mr. Gary Lowery, an area resident, stated they should eliminate any permit fees for Habitat or any charge for infrastructure fees for lower income homes. Alderman Thiel moved to suspend the rules and move to the second reading. Alderman Marr seconded. The motion carried unanimously. Mr. Williams read the ordinance. Alderman Reynolds moved to suspend the rules and go to the third and final reading. Alderman Davis seconded. The motion carried unanimously. Mr. Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. ORDINANCE 4436 AS RECORDED IN TIIE OFFICE. OF TIIE CITY CLERK. RZN 02-37.00: An ordinance approving rezoning request RZN 02-37.00 as submitted by Milholland Company on behalf of Ozark Adventure for property located cast of Futrall Drive, west of Baldwin Piano, and south of Hollywood Drive. The property is zoned R- O, Residential Office and contains approximately 17. 70 acres. The request is to rezone to C-2, Thoroughfare Commercial. Mr. Williams read the ordinance. In response to questions, Mr. Ray Brag, developer, stated they would do their best to save the existing trees. The park will aestically look better if it is intermingled with the trees. They had a significally large landscaping budget. Mr. John Knock, Financial Advisor for the project, stated they wanted to make sure that the quality and the longevity was there. They were directly off the interstate. The frontage was great and the impact to the traffic was low. They will be adding traffic in the best way. People that come in for the water park will come in for an extended day and would be using hotels and restaurants. They had looked at other sites in northwest Arkansas. They felt this would complement what Fayetteville was about. In response to questions, Mr. Conklin stated over eighty percent of the property was in the overlay district and the developer was aware of that. That had talked about the use of monument signs and the landscape buffer zone. Alderman Thiel stated she had been on the Parks Board when they did their master plan study. A water park was advocated by a lot of people. She thought this would provide people with something that it would be years before the park system. Alderman Marr asked how the park would be used outside its peak time of year and was there adequate investment to make sure that it was going to be a sustainable business. They did not want a dead water park in their city. Mr. Knock stated property would be opened in 2004. They wanted it to be quality and longevity. From the financial side they were continuing to work on those aspects. This project will not happen unless the appropriate financing was there for it to be a long term project. In response to questions, Mr. Conklin stated Bestway would connect with Hollywood. A street would be required to be constructed for this development Mr. Brag stated there would be two ways to enter and exit, from Hollywood and Futurall. Alderman Young asked if they would be requesting any public funds for this project. Mr. Knock stated they would like to be involved in a promotion with the city' s parks and recreation. They will be getting some relief from the State under the tourism act that they have. They were prepared to move forward with private capital . Ms. Mary Beth Hughs, an area resident, expressed concern about how superficial Fayetteville was becoming. The infrastructure was falling apart and a water park was not going to help the situation. She expressed concern about Fayetteville starting to look like Branson or Tulsa and what the water park will look like in the winter. Mr. Charles Axle, an area resident, questioned if this project fell through what could end up on the property if it was rezoned. Mr. Conklin stated C-2 zoning was typical zoning that they saw for retail development, restaurants, offices and those types of uses. Apartments were not allowed by right by themselves in C-2 . They could be accessory uses. Mr. Todd Jacobs, an area resident, stated he thought the water park was a good idea, but he was concerned that it was not the best use for this property. He suggested using the property for residential. LEFT ON TFIF FIRST READING. RZN 02-38.00: An ordinance approving RZN 02-38 .00 as submitted by Alan Reid on behalf of Betty Ruble for property located at 625 N. 54`h Avenue. The property is zoned A- 1 . Agricultural and contains approximately 2. 12 acres. The request is to rezone to R- I , Low Density Residential . Mr. Williams read the ordinance. Mr. Alan Reid stated the owner was wanting to split the lot. In the current A- I zoning she was not allowed to do that because she did not have enough room. If they were to change the zoning, then she would be allowed to deed the other lot to her daughter who was wanting to build a home. All of the infrastructure was in, he asked them to pass the ordinance tonight. LEFT ON T FIE FIRST READING. LED TRAFFIC SIGNAL BID WAIVER: An ordinance waiving the requirements of formal competitive bidding for the purchase of LED traffic signal lenses from Temple, Inc . and declaring an emergency. Mr. Williams read the ordinance. Alderman Santos moved to suspend the rules and go to the second reading. Alderman Marr seconded. The motion carried unanimously. Mr. Williams read the ordinance. Alderman Davis moved to suspend the rules and move to the third and final reading. Alderman Reynolds seconded. The motion carried unanimously. Mr. Williams rend the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Alderman Davis moved to approve the emergency clause. Alderman Santos seconded. The motion passed unanimously. ORDINANCE 4437 AS RECORDED IN THE OFFICE OF THF. CITY CI F. RK. LED TRAFFIC SIGNAL LENSES : A resolution approving the purchase of LED traffic signal lenses from Temple, Inc. in the amount of $58,003 .87 and approving a budget adjustment in the amount of $58,004.00 for same. Alderman Santos moved to approve the resolution. Alderman Jordan seconded. The motion carried unanimously. RESOLUTION 180-02 AS RECORDED IN THE OFFICE OF THE CITY CLERK. IMPACT FEES : An ordinance enacting impact fees for all territory within the City's water and wastewater service areas including areas outside the corporate city limits and within the service areas located within Washington County and other incorporated cities. Mr. Williams read the ordinance. A special meeting was set up for the second reading of the ordinance and to allow extensive public comment. LEFT ON THE FIRST READING. OLD MISSOURI ROAD : A resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by JTK Trust, lames T. Keenan and James F. Keenan, trustees, to secure the necessary casements and rights-of-way for Old Missouri Road improvements. Mayor Coody stated he was in negotiations with the owner to see if he would work with the city. Mr. Boettcher staled the only thing that was preventing the bidding of Old Missouri Road improvements was this casement. Alderman Young moved to table the item until the next meeting. Alderman Jordan seconded. The motion carried 7-0-1 , Marr abstained. TABLED UNTIL THE NEXT MEETING. YOUTH ADVOCACY COMMITTEE: An ordinance reorganizing the Youth Advocacy Board. Mr. Williams read the ordinance. Alderman Jordan stated the committee was wanting to look at all kinds of projects. He thought it would have a positive affect on children. They could teach them about city government and they could work on parks and trails and clean ups. Alderman Santos moved to suspend the rules and move to the second reading. Alderman Marr seconded. The motion carried unanimously. Mr. Williams read the ordinance. Alderman Reynolds moved to suspend the rules and move to the third and final reading. Alderman Thiel seconded. The motion carried unanimously. Mr. Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the motion carried unanimously. ORDINANCE 4433 AS RECORDED IN THE OFFICE OF THE CITY CLERK. TOWNSHIP BUILDERS : A resolution approving Change Order no. 4 to the construction contract with Township Builders for Dickson Street Enhancement Project, in the amount of $ 195,300, additional funds for the in-house construction management in the amount of 574,700; and the related budget adjustment in the amount of $270,000. Mr. Gary Carnahan stated he was asking them to approve a change order. They had made on their part. The largest item was in the brick paver quantity. They had calculated the pavers that were on the plans and in the job. They had set up two bid scheduled items. At that time they had thought that the crosswalk pavers would be bid at a different price then the intersection pavers. Later they decided that they were the same types of materials and were just a different color and patterns and should be bid as one item rather than two items. They deleted the first item and intended to move the quantities down in to the second item. Some way they never did that. They just deleted it