HomeMy WebLinkAbout2002-08-20 MinutesCity Council Minutes
August 20, 2002
Page l of 15
MINUTES OF A MEETING
OF ti P
CITY COUNCIL
AUGUST 20, 2002
A meeting of the Fayetteville City Council was held on August 20, 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, Aldermen Davis, Santos, Jordan, Reynolds, Thiel, Young,
Marr and Bechard, City Attorney Kit Williams, City Clerk Heather Woodruff, Staff,
Press and Audience.
AUDIT COMMITTEE REPORT
Mr. Adam Motherwell stated they had an unqualified or clean opinion for the City of
Fayetteville for the year ending December 31, 2001. There were no exceptions
CONSENT
APPROVAL OF THE MINUTES
AUDIT SERVICES: A resolution approving an agreement with Baird, Kurtz and
Dobson (BKD) to provide the City of Fayetteville with independent audit services for
calendar years 2002-2006.
RESOLUTION 124-02 AS RECORDED 1N THE OFFICE OF THE CITY CLERK.
AIRPORT GRANT: A resolution authorizing the application andacceptance of a FAA
grant for design and engineering services for the extension of Taxiway A on the east side
of the runway at Drake Field.
RESOLUTION 125702 AS RECORDED IN THE OFFICE.OF THE CITY CLERK
AIRPORT PERSONNEL: A resolution approving the addition of a new position to the
airport staff of Flight Line Operations Supervisor:**- _
e x
RESOLUTION 126-02 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
SOIiIDWASTE CONTAINERS: A resolution authorizing. the purchase of additional
two and eight yard containers for use by the Solid Waste and Recycling Commercial
Customers Purchase authonzation up to $72,758.
RESOLUTION 127-02 AS RECORDED 17V THE OFFICE OF THE CITY CLERK.
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August 20, 2002
Page 2of15
BOYS AND GIRLS CLUB: A resolution approving a change order to a cost share
agreement in the amount of $5,296.00 with the Fayetteville Youth Center for the
installation of a haul road to the Donald W. Reynolds Boys and Girls Club Facility.
RESOLUTION 128-02 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
DUNCAN AND ASSOCIATES: A resolution approving the second amendment to the
professional services agreement between the City of Fayetteville and Duncan Associates
and to direct the consultants to prepare initial and final drafts of the water and wastewater
impact fee ordinance.
RESOLUTION 129-02 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
Alderman Davis moved to approve the consent agenda. Alderman Marr seconded.
Upon roll call the motion carried unanimously.
OLD BUSINESS
RZN 02-15.00: An ordinance approving rezoning request RZN 02-15.00 as submitted by
Dave Jorgensen on behalf of Larry Garriott for property located north of Persimmon
Street and west of 46th Street. The property is zoned A-1, Agricultural and contains
approximately 57.82 acres. The request is to rezone to R-1, Low Density Residential,
and to accept the attached Bill of Assurance. The ordinance was tabled on the second
reading at the August 6, 2002 meetmg.
Alderman Davis asked to table the item because they were having a neighborhood
meeting on Thursday night.
ORDINANCE WAS TABLED ON THE SECOND READING.
RZN 02-17.00: An ordinance approving rezoning request RZN 02-17.00 as submitted by
Dave Jorgensen on behalf of Bleaux Bames and Sam Mathias for property located south
of Deane Street, west of Sang Avenue and east of Porter Road. The property is zoned R-
1, Low Density Residential and contains approximately 21.03 acres. The request is to
rezone to RMF -6, Low Density Multi -Family Residential. The ordinance was left on the
second reading at the August 6, 2002 meeting.
Alderman Santos moved to suspend the rules and move to the third reading.
Alderman Jordan seconded. Upon roll call the motion carried unanimously.
Mr. Williams read the ordinance.
Mr. Jorgensen stated they had met with the surrounding property owners. They would
like to incorporate a park m their green space.
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August 20, 2002
Page 3of15
Mr. Richard Maynard, an area resident, stated they.. had met on May 23. The
neighborhood association was fine with this. development. He personally thought this
was infill development and not urban sprawl andsmart growth.
Alderman Marr stated there had been a•. lot of. discussion at. Planning Commission on
whether or not the increase density would be a hardship or undesirable increas• e on the
load of public services. He was concerned if they were really able td meet the sewer
facility capacity. It was their responsibility to make sure, they were not approving things
that later they would not have the ability to service. `He wanted to venfythat m regard to
water and sewer facilities at the time of development, engineering division would make a
recommendation on what improvements were necessary to this load and they were going
fo'able to handle this for this property. n Q : . .i . , 4 . #,
Mr. Boettcher stated at the time the large scale development or subdivision plat was
submitted Engineering would then review the plans. The developer's engineer would
project what their needs were, then the city would evaluate their estimate for adequacy to
serve that need. As far as waste treatment capacity at this time, they had some indication
that they were nearing capacity, however, they were not having effluent violations. The
plant overachieved its standard. They had a margin by nature of good performance. He
thought they State would work with them on expansion and growth as long as they were
moving forward on their wastewater project.
Alderman Jordan asked what the capacity was
Mr. Boettcher stated in terms of average annual flow they were running at 98%. That
was on an average annual bases. The treatment plant had a number of systems and
components. They were rated based on flow, loading, detention time, service loading
rates. Their treatment plant was a mixture of components. • They have had no affluent
violations. They do not see anything that causes a problem. The growth did not seem to
pose any difficultyfor the treatment facility.
Alderman Santos asked if they had any plans to not accept any more customers from
other towns and to reserve capacity for city residents.
Mr. Boettcher stated Farmington was hmited to a number of services that they could add,
due to a sewer lift problem. The city's biggest problem is the wet weather flows.
Alderman Marr stated it would be beneficial if they had some idea of the number of units
that moved it towards capacity, then they could take into account the impact they were
going to stress the system with. He was hesitant to keep approving things without
understanding what each of these were doing towards moving them towards the
maximum limit.
Alderman Jordan stated he believed it was approximately 1100 units that would move it
up a percentage. He thought that they had approved nearly 700 units. He thought they
should be concerned about that.
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August 20, 2002
Page 4 of 15
Alderman Young asked if the city was still giving the developers a letter statmg that they
were not guaranteeing sewer hook ups.
Mr. Boettcher stated they were not. When the sales tax issue was passed it was no longer
added to the subdivision plats.
Alderman Marr asked why they would have eliminated that.
Alderman Young stated he thought the letter should be given out. Just because the bond
issue had been passed it did not mean that the plant was going to be on line in five years
Right now they did not have a discharge permit. They did not have a whole lot of things
m place in order to get a plant under construction. Until that time, he did not see how
Fayetteville could guarantee sewer hook ups.
In response to questions, Mr. Boettcher stated he was looking for the new plant to be on
line in 2005 or 2006, approximately four years.
Mayor Coody stated businesses were wanting to come to town, but they were going to go
north because we could not guarantee that they would have sewer.
Mr. Williams stated the city did not guarantee sewer capacity. They were working at this
pomt to increase their capacity. The best estimates they were going to be able to handle
normal growth until the new plant came on lme. They did not have to give a notice that
they did not guarantee that they would have capacity. If the council would rather have
the wammg placed back on the plats, he was sure that could be done. It was more cntical
before they knew whether or not they were gomg to be able to build the new plant.
Alderman Young stated he did not see the point on putting it on the plat, unless it was the
preluninary plat. He was concemed that a developer would come m and get a
preliminary plat approved, and the city was saying he could hook up, but then they could
not If someone was to build a five or ten million dollar development and could not hook
up to the sewer, than what was the city going to do?
Mr. Williams stated he did not think that was going to happen. The voters had passed the
sales tax and they were going to get a new plant and they would be able to continue.
Alderman Bechard stated he did not understand how they could be at 99% capacity, but
yet they were able to handle the growth for the next four years.
Mr Boettcher stated the waste water treatment facility had experienced extreme
vanations in flow particularly during wet weather. That was where they had their
violation before because of overflows into the streams. During those periods that they
had wet weather flows they might see 30 mgd at their 12 mgd plant. Their permit
required them to meet their limits every day. The treatment plant had to be able to
acununate this large fluctuation m flow. That was where they ran into difficulty in their
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August 20,2002
Page 5 of 15
current system. The wet weather flows drives a lot of that problem.. Residential flows or
base loadings, the plant handled up to 30 mgd, during these rain fall. As they add homes
the plant operator readjusted aeration rates and recirculation rates. They are able to
accommodate that base loads with only process control adjustments. It was the wet
weather flows that drive the plant over the edge and have driven the improvement
project. Growth was a level load that added into the plant. They can predict it each day
and set up the process controls and treat that. It was the fluctuations that have dnven this
project.
Mayor Coody asked shall the ordinance pass: Upon roll call the ordinance passed.
ORDINANCE 4410 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
NEW BUSINESS.
OFF STREET PARKING: • An ordinance amending Section 172.01, Off -Street Parking
Lot Design Requirement, of the UDO to provide a -method for reducing off-street parking
requirements for properties that share a common parking facility and to revise parking
ratios for certain uses.
Mr. Williams read the ordinance.
Mr. Tim Conklin, Planning Director, stated the ordinance would allow mixed use
developments to share parking when they had non -conflicting parking demands between
the uses:- They were also bringing forward an ordinance amendment with regard to
parking ratios. Those were included within the ordinance. They had checked with the
high schools on their parking spaces provided. They provided about one space per 3.2
students. One of the. issues the Planning Commission had dealt with in the pass was the
additional parking requested by restaurants. It has been such a disconnect between what
is actually needed and what is allowed in Fayetteville. They have received negative
responses to even looking at Fayetteville to even development restaurants in Fayetteville.
They were trying to provide a ratio that doubled the amount of parking allowed for
restaurants and also allows for thirty percent -over the ratio that the were using. To give a
minimum and a maximum. When they increased the number of parking spaces, they also
increased the amount of land area for landscaping required m the parking lots.
Alderman Davis asked if there would be fewer variances in the future.
Mr. Conklin stated that was the idea. If they had an ordinance and they had to grant a
waiver or a variance over and over again, it was time to look at their ordinance.
Alderman Davis stated he was concerned about the high school ratio. It was very
difficult to park their now and when they had sporting events it was very difficult to find
parking.
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August 20, 2002
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Alderman Young stated he did not see it as a problem on Dickson because he had not
seen anyone building a parking lot. They would get a waiver He was concemed about
what the school was going to do about their parking policies.
ORDINANCE WAS LEFT ON THE FIRST READING.
OUTDOOR LIGHTING: An ordmance that minimizes the impact of outdoor lighting
on adjacent properties and improves nighttime visibility.
Mr. Williams read the ordinance.
Mr. Conklin stated they had regulations that talked about shieldmg and directing lighting
downward and away from residences. They did not talk about the amount of light could
spread across the property line and into a residential yard. This ordinance attempted to
clarify that and to provide for lighting that was cut off based on certain lumens. The
ordinance would apply to all zoning distracts with the exception of single family and two
family units. Any fixtures that were replaced must comply with the ordinance. The
exemptions that are provided within the ordinance mclude temporary outdoor lightmg,
construction or emergency lightmg, fossil fuel fixtures, landscape lighting, airport
lighting, security lighting, search lights, and egress lighting. Blinking, flashing, and
animated lights as well as lights on tower are prohibited unless required by the FAA.
Lighting standards to reduce light trespass are based on [ESA Standard. Upward lighting
was allowed as long as 95% of the lighting was reflected back down. Honzontal lighting
was allowed as long as 90% of the light falls on the facade, monument, or architectural
feature. Non cut off fixtures were allowed for bulbs of 260 or less lumens. Semi cutoff
fixtures were required between 261 and 8500 lumens. All fixtures must me fully shielded
and reduced glare. Basically most developments were complying with this ordinance
The problem they were having was when people were installmg flood hghts to. illuminate
an out door storage area or parking area and they were not designmg it in a manner that
they could use cut off lightmg.
ORDINANCE WAS LEFT ON THE FIRST READING.
RZN 02-21.00: An ordinance approving rezoning request RZN 02-21.00 as submitted by
Dixie Development for property located at 10 Bishop Drive and 35 Appleby Road. The
property is zoned A-1, Agricultural and contains approximately 17.39 acres. The request
is to rezone to R -O Residential Office.
Mr. Williams read the ordinance.
Alderman Bechard stated he would be abstaining from this item.
Ms. Pam Jones, Dixie Development, stated they were requesting a rezoning. She
presented an overview of their firm and their proposed project. She stated they had teed
to go above and beyond in their commitment. They had signed a bill of assurance. Dr.
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August 20, 2002
Page 7of15
Israel had volunteered to do a couple of things that were above and beyond what was
required, like the walking path and additional screening.
Alderman Thiel stated it was apparent that there would be a need for a street that was not
residential. to lead the hospital. She questioned the width of the proposed street.
Ms.. Jones stated they had planned on a two lane, but they would decide that during the
large scale development. They did not want to overbuild, but they would also be willing
to do a three lane.
Alderman Thiel stated she thought a three lane would be needed if it was going to be
used as access to the hospital
Alderman Marr questioned the intent of the "two-story offices with the exception of the
north side of the property". Was that a percentage change or one lot change? How.
would they monitor it?
Mr. Conklin stated he did not draft the bill of assurance, but he would interpret it to mean
one lot adjacent to it.
Alderman Reynolds asked Dr. Israel if he would build a three lane road.
Dr. Israel stated they would determine it during the large scale development. He was not
against it, they had offered it They have offered the right-of-way, sixty feet. If the city
wanted -a -three -lane road, -he -thought -they should chip in and pay for part of it. They only
had to put in two -lanes. They would give them the right-of-way. They would build the
two-lane road, it seemed reasonable that if they wanted more traffic down the street that
they would pay for it.
•
Mr. Williams stated a bill of assurance was a voluntary' offer made by a developer'. It was
not something that they could request or suggest what the. terms should be. .The
developer could offer what ever they.wanted to) He did question for.clanfication, "the
property would remain single story as long as the surrounding property remained R-1 and
R-2." Was it his intent that as long as the surrounding property remained residential. 1.
--
•
Dr. Israel stated what he meant was that if twenty years from now Washington Regional
was to the point where they had to build a second or third skyscraper and they buy up all
the property surrounding them, that they would have the right at that point to tear the
existing building down and replace them with larger buildings. Their intent was notto
change if one lot changed: If they allowed an entire subdivision to change and that if the
area became a C-2, thoroughfare commercial or R -O, or multi -story residential they
would like to be relieved of that provision. He stated that it made sense that the area
would not always remain residential.
Mr. Williams state he would work with Dr. Israel on the wording.
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August 20, 2002
Page 8of15
Alderman Young stated he agreed with Dr. Israel that the development would only
require a two lane road. If the city thought it needed a three lane road, then they should
pay for it.
Ms. Debra Bunchold, An area resident, stated she was in support of the development.
Mr. Chip Arledge, an area resident, stated there seemed to be a disagreement on this
development. There was no cohesiveness. He suggested that the city follow their
General Plan 2020 and their policy on connectivity. In the short teen what this developer
was proposing, the through street through the property, would be helpful to those people
who live on Quail Creek. The Planning Commission had chosen to ignore the 2020 Plan
and the wishes of the past councils. They could not insist on connectivity in the future
without practicing it in the past. He suggested they extend Drake Street so that it went to
Gregg Street, thus forming an east west corridor from College Avenue to Hwy 112,
Garland Avenue. Widen Gregg from the bypass and make it four lanes. In the long term
it would lessen the amount of traffic on Quail Creek Drive.
Mr. Greg Harton, an area resident, stated he thought that this proposal would offer a good
opportunity for a through street that would relieve some pressure from the residential
area. It would move it to an area more appropnate for that type of traffic. He did not
believe the rezoning would eliminate the possibility of the city extendmg Drake Street.
He encouraged them to take a comprehensive approach to some street improvements in
Fayetteville. He had been impressed with Mr. Israel's other developments. He thought
multi -family housing was more likely to be developed there if it was not residential
office. He preferred the residential office. He encouraged them to approve the rezoning.
Ms. Sharon Dawson, an area resident, expressed concem over traffic and the sewer
capacity.
Mr. Jim Hunt, an area resident, stated lus concern was the north south corridor. He knew
they were going to do what was best for the community. He supported this rezoning
Alderman Davis moved to suspend the rules and move to the second reading.
Alderman Thiel seconded. Upon roll call the motion carried 7-0-1, Bechard
abstaining.
Mr. Williams read the ordinance.
ORDINANCE WAS LEFT ON THE SECOND READING.
RZN 02-22.00: An ordinance approvmg RZN 02-22.00 as submitted by Tom
Shackelford for property located at 2975 Old Farmington Road. The property is zoned
A-1, Agricultural and contains approximately 1.32 acres. The request is to rezone to R-1,
Low Density Residential.
Mr. Williams read the ordinance.
1
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August 20, 2002
Page 9 of 15
Alderman Davis moved to suspend the rules and move to the second reading.
Alderman Marr seconded. Upon roll call the motion carried unanimously.
Mr. Williams read the ordinance.
ORDINANCE WAS LEFT ON THE SECOND READING.
ZONING CLASSIFICATION: A resolution to be filedby the City Planner directing
the Mayor, Urban Development Department and the City Planning Division to refer to
the Planning Commission an official request for a rezoning study and zoning map
amendment to change the zoning classification of an area shown as R-2, Medium Density
kesidential to R-1, Low Density Residential for those areas that have 15% or greater
slope as depicted on the slope analysis map in General Plan 2020 and including other
areas zoned R-2, where recorded • platted : subdivisions exist with substandard
infrastructure.
Mr. Conklin stated the Council had expressed concern with regard to development on
slopes within Fayetteville. They had also expressed concern about development in
subdivisions that had been platted and recorded, but the infrastructure was never
installed. This resolution requests that they take a look at these areas that were zoned R-2
and contain slopes over 15% and areas that have paper subdivisions, where infrastructure
has not been installed, and to look at rezoning those properties to R-1. This was
something that their General Plan 2020 did support. It talked about minimizing dense.
residential or forms of development on steeper slopes. This resolution if passed would be
--filed -with-the-Planner, they -would- then -bring it to the Planning --Commission. The
Planning Commission would then make a recommendation. Their recommendation
would then be brought back to them.
Alderman Thiel stated the last citywide zoning was done m the 70's. Many areas had
been blanket zoned R-2. In 1987, work began to revise and update the General Plan.
After extensive public meetings the 2010 and the 2020 Plan were adopted. The City
needed to follow the guidelines of the General Plan 2020 to ensure the. efficient
expenditure of their public: funds. In response to questions, Ms. Thiel stated not all
projects went tlirough the large scale development process,,
Mr. Conklin stated thestorinwater and grading ordinances did apply to anything over a
duplex. The question is, .was it appropriate-to1have up to twenty-four units per acre in
area where they hada slope over 15% or paper subdivisions, with infrastructure that has
not -been f installed.t When sor'e�ne comes to .their, office they relied on their zoning
•
information and theiordinances' Th
r•ey made recommendations. The staff did make a
recommendation that, the most recent appeal that they heard; they did not .follow their
recommendation and denied the development. If there was a problem with regard to the
density in this area, he felt the City Council should address it. He wanted to make sure
that the public could rely on the ordinances that they had and what was in place. It was a
challenge. This infill development was not easy. There has been infill development that
has been positive that has taken them years to do. He requested the City Council to pass
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August 20, 2002
Page 10 of 15
this resolution, if they wanted the Planning staff and the Planning Commission to address
this. He wanted to make sure that the Council was wilhng to address tlus issue and that
what ever was brought forward to them that they would be able to act on the
recommendation that the Planning Commission would make The Mill District, staff had
initiated that. that specifically was called out in their General Plan, industrial zoning land
that was currently being used residential and have been used residential for the last thirty-
two years. The neighbors had come to a consensus that a large area of this Mill District
neighborhood will be rezoned to residential and will help protect future homes within the
area. This was a little different. They did have policies that talked about density controls
with their land use plan. They talked about why these areas within Fayetteville that were
currently undeveloped have not been developed. These areas typically have slopes over
15% and the infrastructure is not available. Therefore, they have largely remained
undeveloped. The City Planning Division has worked on a planned zoning district; it was
a combination of zoning and development at the same time. If they passed the resolution
and they down zoned certain area, people could apply and bring to the City of
Fayetteville high quality innovative development that will enhance the quality of life in
Fayetteville. They are working on an ordmance that will allow flexibility and design and
allow developers to bring to the city high quality development.
Alderman Davis stated with the Mill District they had met with all the residents. The
way he read this resolution was that anything that was R-2 and on a 15% slope would
automatically revert back to R-1.
Alderman Thiel stated what they were doing tomght was passing a resolution directing
the Planning Commission to study this and to bring them back a map with these areas.
She stated she felt there would be ample discussion at the council level. She did not
believe this was something that would be passed immediately at all.
Mr. Conklin stated the Mill District was the first area that they had targeted. He wanted
to make sure that the Council wanted the Planning Staff and the Planning Comnnssion to
look at this area and to give them a recommendation. He wanted to make sure that the
City Council wanted to go forward with this.
Alderman Bechard stated conceptually he thought this was the right approach, but he
thought when they worked with landowners to voluntarily change their zoning they
should advocate it. However, he would not support a blanket statement of changing from
R-2 to R-1, if they had 15% slope. If they changed the zoning they would be affecting
people's property values. They had to make sure that they were creating an environment
where they were not compromising people's quality of life. He supported the approach
that they had taken with the Mill District. He did not support a blanket statement that just
compromised people's property values.
Alderman Santos stated he had received a letter from Greg House. They were discussing
a moratonum on development while they were studying the issue. He did not like that.
Mr. Conklin stated it was a city ordinance.
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August 20, 2002
Page 11 of 15
Mr. Williams stated it was part of the UDO. Often if a study was going to be done then a
ninety -day pause would be something the City would be able to do to give them time to
look at an area. It was legal, but they did not have to do it
Alderman Santos stated they did not do that with the Mill District. f
Alderman Marr stated they should be diredhng,the Planning Staff and Coinmission to do
this study. They had just turnedrdown a development' on an appeal as a result of this. If
the Planning Department was bringing forward,- developments .that they were
recommending -and they were_voting against them, then they were doing that for multiple
reasons. One of those was infrastructure, titaffic study, which lead to density on hillsides
and slopes. They jumped to conclusions on what they believe the intent is. He read this
resolution to be a study and nota blanket rezoning. For once. they were following up on
something that they said they needed to look at He did not know if he would support a
blanket down zoning.
Alderman Bechard asked if they . could change the wording, "to change the zomng
classification of areas shown..." to "to explore options or consider":
Alderman Santos moved to amend the resolution to change the words "to change"
to "to consider changing." Alderman Bechard seconded. Upon roll call themotion
passed unanimously.
Alderman Davis moved to strike Section 2 and 3 regarding the moratorium.
Alderman Santos seconded.
Alderman Young stated the property owners should be notified by registered mail before
the first Planning Commission meetings.
•
•
Ms. Harnett Jansrna, Mt. Sequoyah Association, stated they had been doing research on
a study like the one proposed inthis resolution. They were prepared to participate with
the Planning Division in this study. They believe that byrevising this City's zoning and
growth plan as proposed in this resolution, they will be taking a positive step toward
fulfillment and implementation of the general plan. The result of the proposed change
could be the orderly development and best use of valuable land in and near their city's
old neighborhoods.
Ms. Marion Orton, League of Women Voters, stated they supported standards which
minimize erosion and pollution caused by development on hill sides. They had the stance
that intense development on hillsides should be limited. The League supported following
the 2020 Plan recommendation for hillside and the proposed resolution.
Ms. Sharon Davision, an area resident, expressed concern about inappropnate zoning.
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August 20, 2002
Page 12of15
Ms. Cathy Thompson, Washington Willow Neighborhood Association, stated they should
consider the integnty of the older neighbors and how they all fit together and how they
wanted them to be m the future.
Mr. Greg House, an area resident, stated he did not oppose the study, but his issue was
the issue of moratorium and the lack of notice for them that are in the middle of a project.
He did not beheve that it was fair to ask them to stop now after the money and time they
had spent which would cause them great harm. The 2020 Plan was a plan for the future,
not just today. It was for the next eighteen years.
Mr. Ken Marvin, an area resident, stated he had two acres on a hill that was zoned R-2
and has been for forty years. With the new grading ordinance he would not be able to
build new upscale apartments or town homes on his land. It was not the fall or the slope
of the building on the land, it was how they place their buildings on the land. They need
to build with the land.
Mr. Robert Sharp, an area resident, stated he thought the study was a good idea He felt
the run off issue had been dealt with by the grading and drainage issue. They just have
not felt the affects yet because not enough projects have been built under the new law.
There was undeveloped land on hillsides in Fayetteville, he believed that land would be
developed one way or another. If they were built as houses or duplexes, there would be
no grading or drainage requirements, so the run off would be greater if it was all single
family.
Mr. Jerry Havens, an area resident, stated he wanted the City to take a long hard look at
this issue. He would support of removal of the mandatory moratorium.
Mr. Glenn Carter, an area resident, stated his main concern was the moratonum.
Upon roll call the motion carried by a vote of 5-3-0. Jordan, Reynolds, and ThleL
Alderman Santos moved to approve the resolution. Alderman Davis seconded.
Upon roll call the motion carried unanimously.
RESOLUTION 130-02 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
ADVERTISING: Discussion regarding the City's advertising.
Mr. Jim Blankenship, Arkansas Democrat Gazette, presented information to the Council
regarding their circulation and pricing based on a cost per thousand.
In response to question, Ms. Woodruff stated last year the City spent close to $89,000
with the Gazette and almost $20,000 with the Moming News This year, thorough July
they have spent $53,000 with the Gazette and $5,000 with the Morning News.
Estunatmg $106,000 with the Gazette by the end of the year.
10% ROW
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August 20, 2002
Page 13 of 15
Mr. Ken Eikenberry, Morning News, presented their proposal.
Alderman Santos stated ihey should look at the complete packet. There were different
things that different papers did better. They needed to look at the different kinds of
advertising that they did and figure out which paperwas most effective.
Ms. Woodruff stated they had broken their cost down by want ads, legal ads and display
ads. In response to questions, she stated in order to get the proposed rates from each of
the papers they had to have a contract. To meet their 9,000 inches in requirement for the
Gazette they basically had to do all of their advertising with them. The Morning New
was asking the same of them. In order to get the proposed rates, they would have to go
With one"primary paper. They would be able to do duplication in the other paper.
Ms. Renee Thomas, Planning Division, stated they had been doing all display ads since
March because it was more cost affective.
Mr. Bechard asked them to come back with a couple of recommendations or proposals
verse a broad discussion.
NO ACTION TAKEN.
AUTOMATED CARTS* An ordinance establishing the rate structure and program
parameters for an automated cart based on residential trash collection and disposal
program.
Mr. Williams read the ordinance.
Alderman Bechard stated if they were getting into discount structures greater than 20%
and 30% -they were creating themselvesall sorts of financial risk. On a 32 gallon.
container they were giving a 58% discount. On their projected cart distribution they
would be looking at $748,000 deficit. He suggested more a discount of 20%range. He
thought they should be closer to the true cost of the rate, while at the. same time giving
people the incentive the throwaway less and recycle more.
Melissa Terry,: an area resident, stated they had conducted an informal survey, the basic
result was that 50% of the people surveyed chose the 64 gallon chart. 23% were
choosing the 32 gallon, and 27% were choosing the 96 gallon.
Alderman Marr questioned if they were going to have the residential rates more fully
fund the program or are they going to rely on the commercial subsidy that they have
today.
Alderman Young stated he thought it would be easier for the entire city, if they were to
eliminate the subsidy now.
City Council Minutes
August 20, 2002
Page 14of15
Alderman Reynolds stated he did not believe that they could continue funding the
residential. He did not believe their surplus was gomg to last.
Mr. Dumas stated the distribution of the carts is conservative.
Alderman Davis stated they did not want to have a deficit starting out the program.
Alderman Jordan stated there were large families out there today, he did not believe some
of them could afford the proposed rates.
Alderman Young stated they should think about a compromise.
Alderman Santos stated they should go with Dumas' numbers and give it a try.
Mr. Dumas stated he was not in favor of dramatic discounts, but he did not believe that
they had to make it all up m one year. If the cart distribution came m like they thought it
was going to the subsidy would be couple $100,000 less than what is projected.
Mr. Geary Lowery, an area resident, suggested sending out a rate range survey.
Ms. Melissa Terry, an area resident, stated they should have an oversight committee. She
asked them to consider extra services like an additional bag on the top of the cart and
amnesty days for extra trash.
ORDINANCE WAS LEFT ON THE FIRST READING.
CONSOLIDATED WASTE MANAGEMENT PROGRAM: A resolution adopting
the action plan for implementation of Consolidated Waste Management Program and
authonzing bidding for hauling services and container rental to assist in short-term
implementation of plan.
Alderman Santos moved to pass the resolution. Alderman Jordan seconded. The
motion carried unanimously.
RESOLUTION 131-02 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
LOPFI 2: A resolution moving the City of Fayetteville Police LOPFI retirement benefits
from Plan 1 to Plan 2 as of October 1, 2002.
Chief Hoyt stated this was the first time that they were seeing this, but it had been in the
planning stage for some tune. LOPFI is a State wide retirement system. He was not
affected by LOPFI, he was on a different system. In 1983 the City of Fayetteville had
been mandated to go under a State wide retirement system. The system was managed by
people in Little Rock and they prescnbe the benefits. He asked them if they knew police
officers and fire fighters did not have Social Security If they had a job before or after
becoming a police officer where they had eamed their forty quarter, they had a Social
City Council Minutes
August 20, 2002
Page 15 of 15
Security off set where they were punished for having a pnvate pension. Their
government pension Would be subtracted from their Social Security. They did not get
very much at the end. Currently, the city is only required to pay 6% of their salary. That
was cheaper than Social Secunty. The city put 12% of acivil salary into a 401k. for a
non -civil service employee the city put m almost 20% toward a pension benefit including
social security. The city receives an insurance turn back from the State which goes into
their retirement to help off set the cost. They had the money to pay of the benefit
increase this year. This would be a commitment from the. Council. The estimated cost
for next year, if they went to the new percentage, was $385,130 for the year 2003. That
was dust $23,000 more than they spent in 2001.
Mr. Steve Davis presented information regarding the long term cost to the city. He also
expressed concern about the assumptions made by LOPFI on their actuaries. The city
could be facing a 20 to 30% funding increase in their funding to LOPFI before this group
of police officers retire. It was a defined benefit plan. When they hire a police officer
they by the cost of the future benefits of their retirement plan. LOPFI can only increase
1% per year. .
Jason Avorado, FOP, stated the benefit survey will not be presented to them until
September.
Tad Scott, FOP, stated they did not want to take away from civilian employees, but they
have been working on this for over two years. He questioned what the cost was verses
the rewards. The rewards would show that the police officers were appreciated. This
was -very -important -to them.
Alderman Bechard stated he thought needed do the Hay study. He hesitated in making
long term decision when they did not have all the data in from of them. . C
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Alderman Thiel moved to table. Alderman Jordan seconded. Upon roll call the
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motion carried unanimously.
RESOLUTION WAS TABLED.
Meeting adjourned at 12:15 a.m.