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HomeMy WebLinkAbout2003-01-07 - Agendas - Final FAYETTEVIRLE THE CITY OF FAYETTEV0IE, ARKANSAS FINAL AGENDA CITY COUNCIL JANUARY 7, 2003 A meeting of the Fayetteville City Council will be held on January 7, 2003 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. _ Q OATHS OF OFFICE NOMINATING COMMITTEE REPORT 3jali-C- J ` ` e tik1j ` K1° C r) t0UC6% � R/L C� d 1 aVoeZ A. CONSENT n 2Uew4cA . �t 01to I . APPROVAL OF THE MINUTES / 2. SALEM MEADOW: A resolution to accept the recommendation of the Fayetteville Parks and Recreation Advisory Board to accept money-in- lieu of land for Salem Meadows Subdivision. 3. BOARD OF HEALTH : A resolution to establish a City Board of Health and the Office of City Health Officer. 4. MUNICIPAL JUDGE AND COURT CLERK RETIREMENT FUND : A resolution to create a Board of Trustees to administer the Fayetteville Municipal Judge and Municipal Court Clerk Retirement Fund. 5. CEMS : A resolution approving a contract extension for ambulance services in the amount of 5150,000 between the City of Fayetteville and Central Emergency Medical Services to operate and maintain an emergency ambulance service to serve the residents of Fayetteville in 2003 . 113 WEST MOUNTAIN 77701 47941-7700 FAX 479575-M7 B. OLD BUSINESS 1 . RLN 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 . The ordinance was left on the first reading at the December 17, 2002 meeting. C. NEW BUSINESS 1 . MT. SEQUOYAH : A resolution to encourage the negotiation of a contract between the City of Fayetteville and the Methodist Western Assembly Association for the purchase of about seventy acres of forested hillside known as Sequoyah Forest. 2. ELECTION OF VICE, MAYOR 3. PARK IMPACT FEES : An ordinance accepting the Duncan Associates Impact Fee Study for Parks and for Ordinance 4199 to be amended as stipulated in the study. 4. RLN 02-41 .00: An ordinance approving RZN 02-41 .00 as submitted by Norman Moulden for property located at 1504 W. Cato Springs Road. The property is zoned C- 1 , Neighborhood Commercial and contains approximately 0. 33 acres. The request is to rezone to R-2, Medium Density Residential . 5. LAND PURCHASE : A resolution approving the acquisition of three parcels of property, totaling 21 . 35 acres, in the area of Razorback Road and Dowell Cemetery for conservation and preservation. 6. MEETING TIMES: A resolution amending the Rules of Order and Procedure for the Fayetteville Mayor/City Council Section A. City Council Meetings Subsection 1 . Regular Meetings. 7, ALPINE HOLDINGS : A ordinance waiving the requirements of formal competitive bidding and authorizing the city to lease 20,000 square feet of warehouse space from Alpine Holdings for $4,000 per month to store solid waste residential carts until they can be distributed. 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ARKANSAS FINAL AGENDA CITY COUNCIL JANUARY 7, 2003 A meeting of the Fayetteville City Council will be held on January 7, 2003 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. OATHS OF OFFICE (7 NOMINATING COMMITTEE REPORT A. CONSENT 1 . APPROVAL OF THE MINUTES 2. SALEM MEADOW: A resolution to accept the recommendation of the Fayetteville Parks and Recreation Advisory Board to accept money-in-lieu of land for Salem Meadows Subdivision. 3. BOARD OF HEALTH : A resolution to establish a City Board of Health ' 03 and the Office of City Health Officer. 4. MUNICIPAL JUDGE AND COURT CLERK RETIREMENT 03 ' 03 FUND: A resolution to create a Board of Trustees to administer the Fayetteville Municipal Judge and Municipal Court Clerk Retirement Fund. 5. CEMS : A resolution approving a contract extension for ambulance V 7 services in the amount of $ 150,000 between the City of Fayetteville and Central Emergency Medical Services to operate and maintain an emergency ambulance service to serve the residents of Fayetteville in 2003. 113 WEST MOUNTALN 77707 479621.7700 FAX 179-575-8257 B., OLD BUSINESS 1. RZN 02-40.00: An ordinance approving RZN 02-40.00 as submitted by Jerry Kelso of Crafton , Tull & 'Associates on behalf of David Slone for \�w property located behind 3195 N. College and east 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. The ordinance was left on the first reading at the December 17, 2002 meeting. C. NEW BUSINESS 1 . MT. SEQUOYAH: A resolution to encourage the negotiation of a contract between the City of Fayetteville and the Methodist Western Assembly Association for the purchase of about seventy acres of forested OS "03 hillside known as Sequoyah Forest. 2, ELECTION OF VICE MAYOR F- - CB 3. /)ARK IMPACT FEES: An ordinance accepting the Duncan Associates Impact Fee Study for Parks and for Ordinance 4199 to be amended as stipulated in the study. 9 4. /\/Norman RZN 02-41.00: An ordinance approving RZN 02-41 .00 as submitted by Moulden for property located at 1504 W. Cato Springs Road. j The property is zoned C- 1 , Neighborhood Commercial and contains approximately 0.33 acres. The request is to rezone to R-2, Medium Density Residential. 5, LAND PURCHASE: A resolution approving the acquisition of three Cj7 parcels of property, totaling 21 .35 acres, in the area of Razorback Road and Dowell Cemetery for conservation and preservation. 6. MEETING TIMES: A resolution amending the Rules of Order and 07 03 � Procedure for the Fayetteville Mayor/City Council Section A. Cit� Council Meetings Subsection 1 . Regular Meetings. G. C� �cj t` 7� ALPINE HOLDINGS: A ordinance waiving the requirements of formal competitive bidding and authorizing the city to lease 20,000 square feet of warehouse space from Alpine Holdings for $4,000 per month to store solid L; waste residential carts until they can be distributed. r , c�) RESOLUTION NO, A RESOLUTION APPROVING A CONTRACT EXTENSION FOR AMBULANCE SERVICES IN THE AMOUNT OF ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) BETWEEN THE CITY OF FAYETTEVILLE AND CENTRAL EMERGENCY MEDICAL SERVICES, INC. TO OPERATE AND MAINTAIN AN EMERGENCY AMBULANCE SERVICE TO SERVE THE RESIDENTS OF FAYETTEVILLE IN 2003 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby approves an extension of a contract for services pursuant to paragraph 6 of the contract in the amount of One Hundred Fifty Thousand Dollars ($150,000.00) between the City of Fayetteville and Central Emergency Medical Services, Inc. to operate and maintain an emergency ambulance service to serve the residents of Fayetteville for all of 2003. A copy of the original contract is attached hereto marked Exhibit " A" and made a part hereof. PASSED and APPROVED this the 71h day of January, 2003. APPROVED: By : DRAV DAN COODY, Mayor ATTEST: By: _ Heather Woodruff, City Clerk EXHIBIT A � � �Q�s . Altai CITY OF FAYETTEVILLE CONTRACT FOR SERVICES Lpa/ This Agreement is entered into on this .,ZL day of, between the City of Fayetteville, hereinafter known as the "City" and Central Emergency Medical Service, hereinafter known as "CEMS," an Arkansas not-for-profit corporation. WHEREAS the City has determined that a public need exists for an emergency ambulance service that operates within the city limits of Fayetteville to serve Fayetteville residents, WHEREAS CEMS has developed an emergency ambulance service that operates within the City limits and serves Fayetteville residents. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and CEMS agree as follows: 1 . This Agreement will begin on the date first written above. 2. CEMS agrees to develop, operate, and maintain an emergency ambulance service that serves Fayetteville residents and respond to all emergency medical calls for service within the city limits of Fayetteville in conjunction with the Fayetteville Fire Department's emergency response units. 3. CEMS agrees to provide written quarterly and annual reports to the City that describes the activities undertaken during the preceding period and also to report on the following performance measures: Number of calls responded to, average response time for these calls, with the understanding that the parameters for calculating the average response time will be from the time the call is verified at the CEMS medical communication center until arrival at the incident location by the first arriving transporting ambulance. "Time call is verified" shall be the moment the communication center personnel receive both sufficient location information to know where a response is required and sufficient information to determine the presumptive run priority designation. "Arrival at incident location" means the moment an ambulance crew notifies the medical communication center that it is fully stopped at the location where the ambulance shall be parked while the crew exits to approach the patient. In situations where the ambulance has responded to a location other than the scene (e.g. staging areas for hazardous material/violent crime incidents or non-secured scenes), arrival at the scene shall be the time the ambulance arrives at the designated staging location. The quarterly reports are to be submitted to the Project Coordinator by April 10, July 10, October 10, and January 10 for the preceding calendar quarter. The data will be reported for the current quarter, current year-to-date, and prior year-to-date. 4. CEMS agrees to make available all records as required to confirm compliance with this contract for review by the City and City auditors as requested, and to provide the City with Page 1 of 4 D _ � • flES , icy- moi an annual audit performed by a certified public accountant licensed by the State of Arkansas. CEMS agrees to comply with the Arkansas Freedom of Information Act as applicable. Requests for records shall follow compliance requirements of the Health Insurance Portability and Accountability Act (IIIPAA). 5. For the purposes of this Agreement, the Project Coordinator for the City will be the City Fire Chief or his/her designee. The Project Coordinator for CEMS will be CEMS Administrator Tony Hickerson or his successor or designee. Communications pertaining to this agreement will be through the respective Project Coordinators for the City and CEMS. 6. Terms of Performance. The term of performance for this agreement will expire December 31 , 2001 and may be extended for an additional three years subject to approval of a budget containing funding for the service. 7. CEMS will hold harmless, defend, and indemnify the City, from any and all claims, actions, suits, charges and judgements whatsoever that arise out of the performance or nonperformance of the services or subject matter in this Agreement. 8. Budget. The City agrees to pay and CEMS agrees to accept, as payment for its services under this contract, in 2001 , $ 145,237.00 plus a City provided passenger vehicle or a light duty pickup truck to be used by CEMS for CEMS official business use. CEMS acknowledges that $96,825.00 has been paid through August 31 , 2001 of the total amount contracted for in 2001 . CEMS agrees to provide insurance coverage for the vehicle provided by the City and to maintain this vehicle to acceptable standards and schedules. The amounts to be paid for services in future budget years are dependent on the amounts appropriated by City Council for each budget year. Nothing in this paragraph shall be construed as prohibiting CEMS from charging and collecting fees for service, or receiving revenues and income from other sources. 9. CEMS must provide and maintain in force at all times during the term of the contract insurance for worker's compensation as provided by state statute, commercial general liability, and automobile liability. Such policies will be issued by companies authorized to do business in the State of Arkansas. Minimum amounts required for commercial general liability and automobile liability are $ 1 ,000,000. For any work sublet, CEMS will require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under workers' compensation insurance, CEMS will provide and will cause each subcontractor to provide adequate employers' liability insurance for the protection of such of his employees as are not otherwise protected. Page 2 of 4 • - � _ � Kis, �,� . -� � A certificate of insurance addressed to the City listing the above coverages is to be submitted with contract approval. The premiums for all insurance required herein will be paid by CEMS. 10. The City will make the payments in equal monthly installments with the left over amount being paid in December of each year. 11 . Notices. All notices required or permitted under this agreement will be submitted in writing to the other party in this agreement by certified mail, return receipt requested, which notice will be effective three (3) days after deposit therein addressed to the following: City of Fayetteville CEMS Dan Coody Tony Hickerson Mayor Administrator 113 West Mountain St. 645 South School Ave Fayetteville, AR 72701 Fayetteville, AR 72701 12. Neither party may assign any of its rights or obligations under this agreement, without the express written consent of the other party. Nor shall this agreement be construed to bestow any rights or benefits upon anyone other than CEMS and the City. 13 . The parties agree and understand that this Agreement is exclusive of any and all other agreements, and that it in no way alters, amends or abridges any rights, obligations or duties of the parties contained in such agreements. 14. A waiver by either party of any terms or conditions herein shall be limited to that particular instance, and shall not be construed as a general waiver of any other breaches by either party. 15. Agreement constitutes the entire understanding of the parties, and no modification or variation of the terms of this agreement shall be valid unless made in writing and signed by the duly authorized agents of the City and CEMS. 16. Severability. Each paragraph of this agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs will remain in full force and effect. 17. Interpretation. This agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. 18. Tax Exempt Status: Attached hereto and made part hereof is a copy of the correspondence from the Internal Revenue Service dated 65- 27- ML?3 confirming the 501 (c)(3) tax exempt status of the Central Emergency Medical Service. Page 3 of 4 • 0 K65 . /.?9 0 / IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above. Central Emergency Medical Services, Inc. City of Faye"cville Tony Dickerson, Administrator Dan Coody, Mayor Attested By: Attested By: Page 4 of 4 RESOLUTION NO. A RESOLUTION TO ENCOURAGE THE NEGOTIATION OF A CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND THE METHODIST WESTERN ASSEMBLY ASSOCIATION FOR THE PURCHASE OF ABOUT SEVENTY ACRES OF FORESTED HILLSIDE KNOWN AS SEQUOYAH FOREST BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby encourages the city administration to enter into negotiations to purchase about seventy acres of forested hillside known as Seyuoyah Forest from the Methodist Western Assembly Association and to bring a proposed contract for such purchase to the City Council for its consideration and approval. PASSED and APPROVED this the 71h day of January, 2003. APPROVED: By: nRAFT DAN GOODY, Mayor ATTEST: By: Heather Woodruff, City Clerk FAYETTEVI LLE INE CIT/ OF FAYETTEVILLE. ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY LEGAL DEPARTMENT DEPARTMENTAL CORRESPONDENCE TO: Dan Coody, Mayor City Council CC: Steve Davis, Administrative Services Director FROM : Kit Williams, City Attorne� DATE: January 2, 2003 RE: Short term financing for proposed purchase of "Sequoyah Forest' I was asked whether it would be legal for the City to purchase real estate (such as Sequoyah Forest) over a period of time. As many of you know, cities in Arkansas traditionally were not allowed to finance purchases of equipment or land over several years without special elections, bond issuances, etc. To ease short term financing by governments, the legislature proposed and the voters approved Amendment 78. Section 2 of Amendment 78 states: " (a) For the purpose of acquiring, constructing, installing or renting real property or tangible personal property having an expected useful life of more than one (1 ) year, municipalities and counties may incur short-term financing obligations maturing over a period of, or having a term, not to exceed five (5) years." Therefore, the City of Fayetteville can now apparently " acquire . . . real property . . . (by using) short-term financing obligations . . . not to exceed five (5) years." There are other limitations on our right to incur such indebtedness based upon any other short-term indebtedness and assessed value of city and county land ( see Amendment 78 §2(a) (2) j . I leave those calculations and decisions to Budget and Accounting and our Financial Advisor. The City needs to be very careful in determining whether the $25.5 million bond issuance for initial engineering, etc. of a Wastewater Project could be interpreted to be a " short-term financing obligation" { as defined in §2(b) (1 ) } and thus count against the available amount of short-term debt the City would be allowed under Amendment 78. 1 have enclosed a copy of Amendment 78 for your information. m n O R w N O S o n t p S .7Ry nn � nOly54. 0 _' tJ �' ao3 Cly � n � PY 0OmC '+] Vi -da• R' > Y — ^ ^ '. Am < C1 =. n Scf�' Cr •ni yi E0 � 3 n Fa, C 9 D R ? c w n C n. 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AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND AUTHORIZING THE CITY TO LEASE 20,000 SQUARE FEET OF WAREHOUSE SPACE FROM ALPINE HOLDINGS FOR $4,000.00 PER MONTH TO STORE SOLID WASTE RESIDENTIAL CARTS UNTIL THEY CAN BE DISTRIBUTED WHEREAS, the City of Fayetteville initially leased warehouse space from Alpine Holdings on November 25, 2002 for less than ten thousand dollars, and moved thousands of residential solid waste carts into the leased premises; and WHEREAS, the leased premises will be needed to be leased longer than originally contemplated because of a production shutdown at the facility manufacturing the garbage trucks needed to handle the carts; and WHEREAS, adding the initial lease payment to the additional amount of lease payment required to store the carts long enough for the new distribution schedule exceeds $10,000.00, which normally requires formal bidding by the City; and WHEREAS, because of the substantial expenses and employee time which would be required to move the thousands of carts to a different leased storage facility and Alpine Holdings' agreement to continue to lease its warehouse at its initially agreed monthly rate, the City Council finds that circumstances exist that constitute an exceptional circumstance where competitive bidding is not feasible nor practical . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby waives the requirements of formal competitive bidding for the lease of 20,000 square feet of warehouse space from Alpine Holdings for $4,000.00 per month to store solid waste residential carts until they can be distributed. Section 2. Emergency Clause. That the City Council of the City of Fayetteville, Arkansas having found that the storage of thousands of residential solid waste cars is essential to provide adequate sanitation services to the citizens of Fayetteville without undue delay, hereby declares this ordinance to be necessary to preserve the public health, and because of such, an emergency is DRAFT hereby declared to exist and this ordinance shall be in full force and effect from the date of its passage and approval. PASSED and APPROVED this the 7w day of January, 2003. APPROVED: pRpFT By: DAN COODY, Mayor A'TT'EST: By: Heather Woodruff, City Clerk MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL NOVEMBER 25, 2002 A special meeting of the Fayetteville City Council was 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, Aldermen, Davis, Santos, Jordan, Reynolds, Thiel, Young, Marr and Bechard, City Attorney Kit Williams and City Clerk Heather Woodruff, Staff, Press and Audience. PARTY TIME: PONIES : A resolution approving a Certificate of Public Convenience and Necessity for Party Time Ponies allowing them to operate pony rides. Ms. Woodruff stated they have submitted their insurance and their coggins was up to date. Ms. Julie Johansen stated she would like for the council to abolish the helmet law that was required in the ordinance, because of sanitation. When they use the same helmet from child to child they run the risk of passing head lice and other parasitic activity. There is not an affective spray that can be sprayed on the helmets to kill the head lice, it is not feasible. The ponies will be on a ring this year on the northeast corner of the square. They will be attached to a pony ring verses walking around the square, which will be a safer environment for the children. Mr. Ray Dotson, an area resident, stated he had a problem with the ordinance because they have a license to drive the carriages. In response to questions, Ms. Woodruff stated the driver' s license permit had been in the ordinance previously. Mr. Dotson stated the driver's license was a headache for the carriage people. He would also like to address the fee increase. He thought it was an excessive fee for a carriage ride. Ms. Woodruff stated the fees had been increased from one hundred dollars to two hundred and fifty dollars per year. It did not affect Mr. Dotson' s license this year because he purchased the license last year, but in January his fee will go up to two hundred and fifty dollars. Party Times Ponies will have to pay two hundred and fifty dollars this year. Alderman Thiel moved to approve the resolution. Alderman Marr seconded. The motion carried unanimously. 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. The ordinance was left on the 1st reading at the November 19, 2002 City Council meeting. Alderman Santos moved to suspend the rules and move to the second reading. Alderman Jordan seconded. Upon roll call the motion carried 6-3, Davis, Reynolds and Bechard voting nay. Mayor Coody voting yea. Mr. Duncan stated they are down to just water and waste water impact fees. Their study had documented that there was a need and a growth potential . Fayetteville had the potential to double in the next two decades. Impact fees, unlike other types of charges, are a one time charge, they are not reoccurring taxes. The courts had indicated that for impact fees to be legal it had to be a fee and would not have the features of a tax . An impact fee is only assessed on new development, it is not assessed on existing development. Since we are only taking about a water and wastewater impact fee, the time that the fee would be assessed would be at the time of a water meter purchase. An impact fee could only reflex the actual net cost of growth, it is controlled. You can not just charge what ever you want to. Their fee had been only based on the cost of the treatment plant expansion cost. Water treatment, they are only looking at the distribution line cost for water treatment, that is because it is not owned by the city. Their plant served Fayetteville and three other communities. Residential fees are based on household size and non-residential fees are based on meter size. When they started the study, all of the fees were based on meter size. Impact fee studies should be based upon local data. The costs do vary between communities. He summarized the cost per residential unit and non-residential unit and their methodology for figuring the fee. Alderman Thiel stated she had some real concerns about the non-residential fees. Mr. Duncan stated water and waste water is based on meter size. Water and wastewater fees probably have less impact on non-residential than any other facility. Most non- residential uses were not big water and wastewater uses. In terms of relative impact to residential, non-residential does not consume a lot of water. Most of the non-residential meters were going to be in the one to three inch size. Alderman Davis stated most non-residential developments would not be big water users, but they were going to be charged $2,826 to come to Fayetteville. From what their attorneys are telling them they could not pass the impact fee on to the other cities that used their facilities. Alderman Reynolds expressed concern about an existing house having to pay for sewer hook up when connects were finally made available. Mr. Duncan stated many communities wanted to try and get those existing developments off septic tanks and onto sewer systems. Some cities make concessions to get them onto the system. Ms. Thiel stated the ordinance stated it included existing developments. Mr. Williams stated it could be amended by striking "existing or" and just require it to be new development and not existing developments with new connections, which is how the proposed ordinances reads. Alderman Reynolds moved to amend the ordinance striking "existing or" from sections A and B. Alderman Thiel seconded. Alderman Young questioned what would happen if an existing house had a standard meter and they wanted to increase their meter size, would they have to pay an impact fee. Mr. Duncan stated those were local policy issues and that they could do what ever they wanted to do. They did not have to charge the impact fee. Mr. Marr read the ordinance, "in the event of redevelopment or reconstruction, change of use from existing development the fee shall be the difference between the fee for entire redevelopment or reconstruction." Alderman Young stated the ordinance actually charges for the actual use of the property. If they get a sprinkler system that required an eight or twelve inch line, but they only use an inch and a half meter, they were charged for an impact fee as if there was an inch and half meter. Mr. Williams stated it was in the ordinance under fire suppression and low pressure. Alderman Young asked if that applied to residential or any plan within the city or just commercial. Mr. Duncan stated he read it to mean anywhere within the city. They would still pay the standard typical meter rate. They would not have to pay for the pressure condition. Alderman Santos stated residential developments do not pay by the meter size, they pay by the square foot size. He questioned if they added on to their existing home would they be responsible for the difference in the impact fees. Mr. Duncan stated that was a policy issue. Most of the communities did not require that. If they went by variable rate, then whatever the house was built at should be the size for what they purchase. Upon roll call the motion carried 7- 1 , Marr voting nay. Alderman Santos stated they needed to make it clear whether they wanted to charge the difference between what the existing fee would be for additions to residential units. He did not think that they should charge for those additions. Alderman Santos moved to add to the end of the section D.2., "Enlargement of a single family home will not require any impact fee." Alderman Davis seconded. Mr. Mark Sugg stated he was a property owner. He questioned if an existing house had been tom down and there was an existing meter still there and he built a duplex , did he have to pay two impact fees? Mr. Duncan stated if there was an existing structure, then they already had a vested right to the facility so they did not have to pay. He had the right to a single family home and he would only have to pay the incremental difference. In response to concerns from Alderman Marr, Alderman Young stated the existing houses / people had already paid for the infrastructure. The new construction, they were the ones creating the need for the new facilities. If they had an existing house that burnt down and wanted to build a new larger house, in his opinion they should pay the difference between the old size and the new size house. Alderman Marr stated under this amendment, that example would not have to pay. In response to questions, Mr. Duncan stated 95% of all water and waste water impact fees in this country are a one sire fits all. Alderman Bechard stated if they were wanting to use variable rates in order to be fair, then when someone enlarged a home, then they should pay the difference. Alderman Santos stated adding on to a home was not usually to accommodate extra residents, it was to make their homes more comfortable. The existing structure had already bought in, that was why they wanted to charge impact fees to new developments. Alderman Bechard stated they had to come to terms with some consistent approach to how they were going to fund this and charge people so they could be fair across the board. Alderman Thiel suggested that they consider exempting their CDBG Target area. There should be some provisions for waiver of impact fees for low income homes. She liked the idea of eliminating the sliding scale that they had started off with and consider a target area to exempt and the ability to grant waivers based an a certain criteria. Alderman Young stated he was concerned if a fee was going to be charged to enlarge a structure and if they went with the meter sized to assess the impact fee, then when they enlarge the structure they would not increase the size of the meter. Alderman Santos stated they needed to stick with standards and averages. There would be exceptions. He thought the sliding scale would be the fairest way to enact the impact fees and charge the people who are creating the demand the proper amount. Alderman Thiel stated she thought there were better ways to calculate the fee than on square footage. She thought it should be based on the cost of the house and how much the house was going to be sold for. The sliding scale was very confusing. She would prefer going back to the idea of the meter rather than the square footage. Then if someone wanted to build low income housing, then they had to come before the council and ask for a waiver. They could set up a criteria for low income. Mr. Jeff Erf stated he liked the idea of basing the fee on square footage. People who afford a large home could afford a higher impact fee. Mr. Sugg stated the plumbing permits were based on the number of fixtures. He thought that would be a good way to calculate the impact fee. Mr. Duncan stated fixtures were rarely used. Dr. Mark Lindsey stated nationally there was a program called RUBS a multi- family property that is not able to raise rent because it was maxed out in the area, looks at charging the residents their share of the bulk water and sewer use. It is determined not only by square feet, but by the number of people in the household. It comes into a closer prorate share of service and is nationally accepted. Upon roll call the motion carried 5-3, Young, Marr and Bechard voting nay. Mr. Williams suggested rewording the definition of new construction to read, "any construction or expansion of a non-single family home or other building structure or use. Any change in use of a non-single family home or building structure or land". Alderman Thiel moved to approve the amendment. Alderman Santos seconded. The motion carried unanimously. Alderman Young asked for an interpretation of D.3 and D.5 . What were they doing in those two? Mr. Duncan stated D.3 was related to mixed use projects. They would have to calculate it all, add it up, and the total was the compost. Alderman Young asked on D.5 . if irrigation meters would be assessed impact fees. Mr. Duncan stated they would not be assessed a wastewater impact fee. There would be a water fee. Alderman Thiel presented a map of the target area for their HUD funds. She suggested that they exempt this area of town from impact fees. Alderman Marr asked if the recommendation only applied to residential fees or would non-residential fees be exempted. Alderman Thiel stated it should only be residential. Mr. Duncan stated if they did not charge for improvements in that area, then they could not build any improvements. If they decided to exempt residential in this area, he recommended that they exempt non-residential because they needed to treat them equally and fairly. Alderman Young questioned if they did not collect the impact fee in this area, then they could not spend money in there. What they were really saying was that they could not spend impact fee money. Mr. John Williams, an area resident, stated he supported impact fees and had paid taxes for years. Mr. Jeff Martin, an area resident and local homebuilder, presented a presentation against impact fees. They did have alternative solutions to impact fees. One of which is a water/sewer rate increase. The stake holder's group findings were inconclusive. They did not agree on any one impact fee or any one decision. He suggested that the council wait until the State legislature passed a law regarding impact fees. Mr. Bill Burkhart, Home Builders Association, stated he had participated in the impact fee discussion for the past three years. Impact fees are very vague laws, they could be challenged and there is no way to be equitable in all cases. He thought the ordinance was fundamentally flawed. The State legislature was working on guidelines for impact fees this year, he suggested that they wait until they had finished . Alderman Young asked Mr. Burkhart if the Home Builders would support impact fees in Fayetteville, if they matched the State legislation. Mr. Burkhart stated yes. In his opinion they would be challenged across the board. Alderman Young asked how the proposed ordinance was different from the State legislation. Mr. Burkhart stated it did not match their 2006 capital improvement plan. So they could not say that it was directly related to their CIP or the cost that it bears. They had a sliding scale as a formula to show what their cost were. Costs is not how much the square footage is. Mr. Jeff Erf, an area resident, asked them to act on the proposed ordinance. They did not know if it was going to pass. Mr. Bill Molher stated the issue was fairness to people who already live in this town. Without impact fees, the burn of the cost of growth fall on the current residents that already occupy homes. Mr. Mike Henry, Realtor Association, stated the realtors in this State are opposed to impact fees. They thought there were better ways to fund the cost of infrastructure. They were supportive of the Senator Bisbee legislation. Mr. Tim McMann, an area resident, asked if the impact fee money would be applied to fixing their problem with raw sewage flowing into their waterways. Mayor Coody stated it would add capacity to the new plant. Mr. McMann stated if they would raise the rates, the water people would use less and they would then be promoting conservation. He suggested that they raise the water and sewer rates rather than impact fees. Ms. Amy McMillan, an area resident, asked why they had not included fire protection in their impact fee. Mr. Williams stated the Supreme Court had ruled it illegal . Alderman Reynolds stated he did not believe that this covered enough area. Every one that he had talked to had wanted streets, more police and more firemen. He thought it needed to involve more things. Alderman Bechard stated he was against this impact fee. He would support an impact fee to improve their fire stations and improve their roads. He was for optimizing a revenue stream. Fayetteville had the lowest city taxes in the area. THE ORDINANCE WAS LEFT ON 711E SECOND READING AS AMENDED. Meeting Adjourned at 10:05 pm MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL NOVEMBER 26, 2002 A special City Council meeting was held on November 26, 2002, at 4:30 p.m. in Room 326 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Coody, Aldermen Santos, Jordan, Reynolds, Thiel, Marr, Bechard, and Davis, City Attorney Kit Williams, City Clerk Heather Woodruff, Staff, Press and Audience. PARTY TIME PONIES: An ordinance waiving the requirement that "Every rider wears a bicycle-type safety helmet while riding on horseback" under specific circumstances and to declare an emergency. Mr. Williams read the ordinance. Mayor Coody stated there was a problem with the head lice issue. Alderman Thiel stated she thought that they should pass this waiver, but they should come back and look at this ordinance at a later date. Alderman Marr moved to amend the ordinance with the waiver until January 1 , 2003. Alderman Davis seconded. The motion carried unanimously. Upon roll call the motion carried unanimously. 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 Jordan moved to suspend the rules and move to the third and final reading. Alderman Marr seconded. The motion carried unanimously. Mr. Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Alderman Santo moved to approve the emergency clause. Alderman Jordan seconded. The motion carried unanimously. ORDINANCE 4441 AS RECORDED IN THF, OFFICE OF TIIF CITY CLERK. Meeting adjourned at 4:45 p.m. reFAYETTEVILLPOWN CENTER December 18, 2002 Ms. Heather Woodruff City of Fayetteville 113 W. Mountain Fayetteville, AR 72702 Dear Heather. I am pleased to forward to the City Council for their ratification the nomination of David McGeady as an A & P Commissioner. He is the general manager of the Radisson Hotel. I have attached his application. Mr. McGeady will fill the unexpired term of John Gilliam until April 1 , 2004. Please remind the Mayor that he and the City Council will also have to fill the position on the Commission presently held by Kevin Santos. Sincerely, Marilyn Johnson Director Convention and Visitor Development RECEIVED DEC 19 2002 SOF FtWS OFFICE P.O. BOX 4157 • 15 WEST MOUNTAIN FAYETTEVILLE, AR 72702 -4157 1 -479-587-9944 • 1 -800. 766-4626 • WWW.TWNCENTER.COM Application Form .�for appointlet to City Boards, Commissions, and Com Ittees ame DA - c If married, please give . • spouse's first name d)A..t Lfiw� Length of residency in Fayetteville Dsident Street'Address • I How . . you.find out about opening(s)? ty t State Zip . . - H4 t _ . Addressailing . . - lephone Number. Home: ' S7 6� 0453 Co Name 1 . . - • 144-4s Z� c�/Zzocn� • . - . . - _ r oice . A . Phone ;. y. � ^ +r z C,. "tt 2 ,4x '. � y 7:4 Y Y x. .s a ✓ t . ce a'�M'x i nv ys .2, +! t ,�.� 5 'mac & Jr;.'L r't�i .,y �w�.. > �C .}^`xf t�� +qtr` r7Sn . { 01 eClr- ti 4Ss s .. x w . A -.,,, ♦,b we ' � o =i F •3 K: i ., M S r i a.. 1'^ SJ S.. Y�R'N•.k r.' ..t t i. .+C . *l4> ' What are your qualifications for serving on this committee, including education and expertise in the subject matter? Why would you like to • - considered for appointment t • this • - - ;e fill out application C • . return to: • • • i OfficeCity Clerk's Mountain113 W. 1 have any questions call 575-8323