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HomeMy WebLinkAbout2003-09-16 - Agendas - Final Final Agenda For City Council Meeting September 16, 2003 A meeting of the Fayetteville City Council will be held on September 16, 2003 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Golden Oak Award Presentation Fayetteville Town Center report to the City Council Nominating Committee Report A. CONSENT: 1 . Approval Of The Minutes: Approval of the August 19, 2003 meeting minutes. 2. McClelland Consulting Engineers Amendment No. 1 - N. College Ave.-Water Line Replacement Project: A resolution approving Amendment No. 1 to the Engineering Contract with McClelland Consulting Engineers in the amount of $ 139,020.00 for the North College Avenue Water Line Replacement Project; approving a 10% project contingency; and approving a budget adjustment for same. 3. Walker Park Multi-use Trails Contract: A resolution awarding a construction contract to APAC-Arkansas in the amount of $ 183,786.50 to build the Walker Park Multi-Use Trail; approving a 15% project contingency of $27,568.00 and approving a budget adjustment in the amount of $225,000.00 for same. 4. Time Striping, Inc. - Parking Lot Improvements Downtown Fayetteville: A resolution awarding Bid #0343 and approving a contract with Time Striping, Inc. in the amount of $78,073.00 for parking lot improvements in Downtown Fayetteville. 5. Air Cleaning Technologies, Inc.: A resolution to approve a contract with Air Cleaning Technologies, Inc. in the amount of $ 107, 176.00 to purchase and install exhaust removal systems for four Fayetteville Fire Stations. 6. Continue Federal Funding of Community Trails, Bikeways and Road Beautification: A resolution to restore full federal funding of the Congressional Transportation Enhancements Program to continue federal funding of community trails, bikeways and road beautification projects in Fayetteville and throughout America. 7. McClinton Anchor Contract - Taxiway A Extension and USDA Forest Service Ramp: A resolution awarding a construction contract to APAC-Arkansas, Inc., McClinton-Anchor Division in the amount of $2, 146,906.20 to construct the Taxiway "A" Extension and USDA Forest Services Ramp; approving a 10% project contingency of $234,804.00 and approving a budget adjustment of $ 1 , 128,747.00 for same. The cost to the City will be approximately $73,047. 8. Crossland Heavy Contractors, Inc. - Accelerated Water Line Replacement Project: A resolution awarding a construction contract in the amount of $698,379.30 to Crossland Heavy Contractors, Inc. for the construction phase of the accelerated waterline replacement project; and approving a project contingency in the amount of$69,838.00 for same. B. OLD BUSINESS: C. NEW BUSINESS: 1 . Sale of Library Building at 217 E. Dickson: An ordinance to amend Ordinance No. 4358 in order to exempt the City Library Complex on Dickson Street, 2. Sale of Animals from Public Property: An ordinance to prohibit the sale, distribution, or giving away of animals from public property and from private commercially or industrially zoned property (except from established animal business enterprises with permanent structures) by enacting a new §92.29 of the Fayetteville Code. 3. ANX 03-2.00 (Shiloh Community Church): An ordinance confirming the annexation to the City of Fayetteville, Arkansas, of 3.95 acres located North of Mt_ Comfort Road and West of Rupple Road owned by Shiloh Community Church. 4. ANX 03-3.00 (James Coger): An ordinance confirming the annexation to the City of Fayetteville, Arkansas of 18.38 acnes located North of Mt. Comfort Road and West of Rupple Road owned by James Coger. S. ANX 03-4.00 (Carol Stephens): An ordinance confirming the annexation to the City of Fayetteville, Arkansas, of 1 .08 acres located North of Mt. Comfort Road and West of Rupple Road owned by Carol Stephens. 6. RZN 03-17.00 (Shiloh Community Church): An ordinance rezoning that property described in rezoning petition RZN 03-17.00 as submitted by Geoff Bates of Keystone Consultants on behalf of Shiloh Community Church for 3.95 acres located North of Mt. Comfort Road and West of Rupple Road. 7. RZN 03-18.00 (James Coger): An ordinance rezoning that property described in rezoning petition RZN-03- 18.00 as submitted by Geoff Bates of Keystone Consultants on behalf of James Coger for 18.38 acres located North of Mt. Comfort Road and West of Rupple Road. 8. RZN 03-27.00 (Carol Stephens): An ordinance rezoning that property described in rezoning petition RZN 03-27.00 as submitted by Geoff Bates of Keystone Consultants on behalf of Carol Stephens for property containing 1 .08 acres located North of Mt. Comfort Road and West of Rupple Road. 9. Fayetteville Municipal Property Owners' Improvement District No. 5 — Appleby Landing Professional Center: An ordinance to establish and lay off Fayetteville Municipal Property Owners' Improvement District No. 5 — Apply Landing Professional Center. 0 0 10. Environmental Consulting Operations Contract — Wastewater System Improvement Project: An ordinance to waive the requirements of competitive bidding and to approve a contract with Environmental Consulting Operations, Inc. in the amount not to exceed $376,409. 11. Mt. Comfort Road and Shiloh Drive Property Purchase: A resolution approving an Offer and Acceptance Contract between the City of Fayetteville and Donald R. Williams and Sharlene Williams, and James R. Williams and Neeley J. Williams for the purchase of property located at the Northeast Comer of Mc Comfort Road and Shiloh Drive for the amount of $331 ,893.65 to allow for future intersection improvements; and approving a budget adjustment in the amount of $337,659.00 for same. 12. Amend Chapter 51.136 Monthly Water Rates: An ordinance amending Chapter 51, Water and Sewers, of the Code of Fayetteville, to change nomenclature; and adjust water and sewer rates consistent with the recommendations of the Black & Veatch Rate Study. D. 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Qa Tuc Y Motion By: /KaP , Seconded: T Motion To: AN1 A 4-- Rhoads Davis N Lucas �i nn.0r Jordan C2Q IV BGt/n� Reynolds Thiel Q/ nQne2 Cook E Marr f1of v� ON Subject: l ( n i �✓� `�l Avg F ck4 Motion By: Seconded: Motion To: Rhoads J -J(oZ NexJ Davis QQ ✓ 6 ' Lucas Jordan Reynolds ✓ i/ Thiel Cook Marr ✓ t� Meeting! of September 16, 2003 /� /J� � Subject: AAA x D 3 - � , VV ; lok C'o ,�.� � rll.�.t.cY- Motion By: Seconded: Motion To: Rhoads Davis Lucas Jordan QAi Aaw-fly Reynolds Thiel Cook Marr ✓ f n Subject : ivl 0 3. 3 . 00 0 Motion By: Seconded: Motion To: Rhoads Ll Davis (� Lucas Jordan OUu/ ' Reynolds Thiel f j(�AJr Cook Marr 1�a -Y Meeting of September 16, 2003 Subject: daul S Motion By: Seconded : Motion To: Rhoads J Davis iloo Lucas Jordan d 4 Reynolds I'hiel Cook N� �J . • / Marr I `UX V y Subject: Z n/ 03 - 17- 00 �v Motion By: Seconded: Motion To: Rhoads r� Davis �pUJ Lucas Jordan Reynolds {! Thiel Cook (� Marr Mayor Coody Meeting of September 16, 2003 Subject : r Z N 63 — ! ge 00 44Aa l OgPiz� Motion By: Seconded : Motion To: Rhoads Davis Lucas Jordan 91�d � Kln�c� Reynolds Thiel L � Cook Marr I A Mayor Coody Subject : Z A] — 03 - 7 0O l� C CT� CR�J ✓ Motion By: Seconded: Motion To: Rhoads n Davis Lucas Jordan — Reynolds Thiel Cook Marr r Mayor Coody Meeting of September 16, 2003 Subject: p � Q p✓L QItYYWLb Je6^ AAAALIAxed5 Motion By: Imo `= Seconded : r� 6 IL I' Motion To: p� ^ Q n P,4 Sc Rhoads Cid /ID y Com.._.. Davis / Lucas , 11 Jordan ✓ N Reynolds ✓ ✓ �A i N.QiaaJ Thiel Cook Marr ✓ f / PAss Eo — 4� M Subject: Motion By: Seconded: a ; S Motion To: a � p ✓v��I Pa-a-O' Rhoads ✓ �� Davis i ✓ / D Lucas ✓ NRJordan / ✓ r( Reynolds ✓ ✓ ✓ Thiel Cook � ✓ I/�j1y I J ✓ G Marr �l ✓ y h � J Mayor Coody — � Meeting of September 16, 2003 Subject: Motion By: MavvL. Seconded: Motion To: Rhoads Davis N � Lucas Jordan — Reynolds � J � Thiel Cook A1arr P A9ayor Coody Subject. S /. /3 � Motion By: Seconded: Motion To: Rhoads �IyDavis / vJ� Lucas Jordan rAO* Reynolds Thiel Cook Marr 117ayor Coody o Qin" Final Agenda For City Council Meeting September 16, 2003 A meeting of the Fayetteville City Council will be held on September 16, 2003 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Golden Oak Award Presentation Fayetteville Town Center report to the City Council 06'4'a Nominating Committee Report A. CONSENT: 1 . Approval Of The Minutes: Approval of the August 19, 2003 meeting minutes. 2. McClelland Consulting Engineers Amendment No. 1 - N. College Ave.-Water Line Replacement Project: A resolution approving Amendment No. I to the Engineering Contract P3 � _ o3 with McClelland Consulting Engineers in the amount of $ 139,020.00 for the North College Avenue Water Line Replacement Project; approving a 10% project contingency; and approving a budget adjustment for same. 3. Walker Park Multi-use Trails Contract: A resolution awarding a construction contract to Qd N a0J APAC-Arkansas in the amount of $ 183,786.50 to build the Walker Park Multi-Use Trail; 37 _ 03 approving a 15% project contingency of $27,568.00 and approving a budget adjustment in the amount of $225,000.00 for same. _ _Q 4. Time Striping, Inc. - Parking Lot Improvements Downtown Fayetteville: A resolution aA-O� awarding Bid #0343 and approving a contract with Time Striping, Inc. in the amount of 13,5 - 4 ,3 $78,073 .00 for parking lot improvements in Downtown Fayetteville. "Z4 O 5. Air Cleaning Technologies, Inc.: A resolution to approve a contract with Air Cleaning Technologies, Inc. in the amount of $ 107, 176.00 to purchase and install exhaust removal /3 9-03 systems for four Fayetteville Fire Stations. n ",44 6. Continue Federal Funding of Community Trails, Bikeways and Road Beautification: A resolution to restore full federal funding of the Congressional Transportation Enhancements /NO -03 Program to continue federal funding of community trails, bikeways and road beautification projects in Fayetteville and throughout America. 7. McClinton Anchor Contract - Taxiway A Extension and USDA Forest Service Ramp: A -03 resolution awarding a construction contract to APAC-Arkansas, Inc., McClinton-Anchor Division in the amount of $2, 146,906.20 to construct the Taxiway "A" Extension and USDA Forest Services Ramp; approving a 10% project contingency of $234,804 .00 and approving a budget adjustment of $ 1 , 128,747.00 for same. The cost to the City will be approximately $73,047. 8. Crossland Heavy Contractors, Inc. - Accelerated Water Line Replacement Project: A resolution awarding a construction contract in the amount of $698,379.30 to Crossland Heavy Contractors, Inc. for the construction phase of the accelerated waterline replacement project; and a 3 approving a project contingency in the amount of $69,838.00 for same. B. OLD BUSINESS: C. NEW BUSINESS: 0YL/ I. Sale of Library Building at 217 E. Dickson: An ordinance to amend Ordinance No. 4358 in order to exempt the City Library Complex on Dickson Street. 2. Sale of Animals from Public Property: An ordinance to prohibit the sale, distribution, or Y513 giving away of animals from public property and from private commercially or industrially P zoned property (except from established animal business enterprises with permanent structures) by enacting a new §92.29 of the Fayetteville Code. 3. ANX 03-2.00 (Shiloh Community Church): An ordinance confirming the annexation to the GK City of Fayetteville, Arkansas, of 3.95 acres located North of Mt. Comfort Road and West of JCLa/Alr Rupple Road owned by Shiloh Community Church. 4. ANX 03-3.00 (James Coger): An ordinance confirming the annexation to the City of Fayetteville, Arkansas of 18.38 acres located North of Mt. Comfort Road and West of Rupple Q ,,, ,,*, /i.ertia� r �� Road owned by James Coger. +" 5. ANX 03-4.00 (Carol Stephens): An ordinance confirming the annexation to the City of Fayetteville, Arkansas, of 1 .08 acres located North of Mt. Comfort Road and West of Rupple fj ; k i Road owned by Carol Stephens. �^ "' 6. RZN 03-17.00 (Shiloh Community Church): An ordinance rezoning that property described + Cl, 4kc in rezoning petition RZN 03- 17.00 as submitted by Geoff Bates of Keystone Consultants on A,k behalf of Shiloh Community Church for 3.95 acres located North of Mt. Comfort Road and West of Rupple Road. 7. RZN 03-18.00 (James Coger): An ordinance rezoning that property described in rezoning p A 4-La- petition RZN-03- 18.00 as submitted by Geoff Bates of Keystone Consultants on behalf of James V - Coger for 18.38 acmes located North of Mt. Comfort Road and West of Rupple Road. RZN 03-27.00 (Carol Stephens): An ordinance rezoning that property described in rezoning Q� petition RLN 03-27.00 as submitted by Geoff Bates of Keystone Consultants on behalf of Carol Stephens for property containing 1 .08 acres located North of Mt. Comfort Road and West of 1W,6LA Rupple Road. 9. Fayetteville Municipal Property Owners' Improvement District No. 5 — Appleby Landing +�s�y Professional Center: An ordinance to establish and lay off Fayetteville Municipal Property Gf/J dllp y Owners' Improvement District No. 5 — Apply Landing Professional Center. 10. Environmental Consulting Operations Contract — Wastewater System Improvement nQQC Project: An ordinance to waive the requirements of competitive bidding and to approve a / contract with Environmental Consulting Operations, Inc. in the amount not to exceed $376,409. 11 . Mt. Comfort Road and Shiloh Drive Property Purchase: A resolution approving an Offer and Acceptance Contract between the City of Fayetteville and Donald R. Williams and Sharlene Williams, and James R. Williams and Neeley J. Williams for the purchase of property located at nom' I the Northeast Comer of Mt. Comfort Road and Shiloh Drive for the amount of $331 ,893 .65 to allow for future intersection improvements; and approving a budget adjustment in the amount of 1337,659.00 for same. 12. Amend Chapter 51.136 Monthly Water Rates: An ordinance amending Chapter 51 , Water d- and Sewers, of the Code of Fayetteville, to change nomenclature; and adjust water and sewer -kk r rates consistent with the recommendations of the Black & Veatch Rate Study. D. INFORMATIONAL: City Council Mcaing August 19. 2003 Page 1 of 56 Minutes Of A Meeting Of The City Council August 19, 2003 A meeting of the Fayetteville City Council was held on August 19, 2003 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT : Alderman Thiel, Cook, Marr, Rhoads, Davis, Lucas, Jordan, Mayor Coody, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience ABSENT : Alderman Reynolds Chief Iloyt — Police Department Citizen Award Chief Hoyt: I want to take time at the first of the Council meeting because 1 think it is only fitting when we present awards for good deeds done that we do it in front of people so that they know how much we appreciate them. Something we have done at the Police Department this year is institute an awards program internally for our officers and employees that have done good things and we just recently had an awards program for our first and second quarter and handed out about 30 awards. Something that has been long over due is recognizing citizens that have helped the Police Department in some extraordinary way to help us solve a crime and they need to be recognized. On July 5, 2003 we had a bank robbery; in fact we had two hank robberies that week here in Fayetteville. The first one was at the Arvest Bank branch on Garland Street; a man walked in with an ax handle in his hand and a bag over his head and started getting money out of the tellers draw and taking money from the bank. It just so happened that a citizen in the bank, standing in line to do business decided that he was not going to stand for that and he took that ax handle out of that persons hand and wrestled him to the ground. and held that person until the cavalry got there and that was us. He wrapped that case up single handed; he is a college student here in Fayetteville and works at a convenience store on North Street for eight years. We would like to present Shawn Beshoner with an outstanding citizen award in recognition for his courageous act on July 5, 2003 for single handedly over powering and restraining a bank robber until police officers arrived. CONSENT: Approval Of The Minutes : Approval of the July 15, 2003 and the August 5, 2003 meeting minutes. City Council Meeting August 19, 2003 Page 2 of 56 2003-2004 Drug Enforcement Grant: A resolution accepting an Edward Byrne State and Local Law Enforcement Assistance and Formula Grant from the U.S. Department of Justice to assist in funding the Fourth Judicial District Drug Task Force. Resolution 119-03 As Recorded In The Office Of The City Clerk. 2003 Local Law Enforcement Block Grant: A resolution authorizing the Fayetteville Police Department to apply for and accept a Local Law Enforcement Block Grant (LLEBG) in the amount of $33 ,490.00 from the U.S. Department of Justice for the purchase of computer equipment, and approving a budget adjustment in the same amount to recognize the grant revenue and appropriate the matching funds. Resolution 120-03 As Recorded In The Office Of The City Clerk. FAA Airport Improvement Grant/ Taxiway "A" Phase 1 : A resolution to accept an Airport Improvement Program Grant (AIPG) from the U.S. Federal Aviation Administration in the amount of $ 1 ,232,723 .00 for the Taxiway "A" Phase 1 project in support of the USDA Forest Service Fire Tanker Base. Resolution 121-03 As Recorded In The Office Of The City Clerk. State Department of Aeronautics Matching Grant: A resolution accepting a matching grant in the amount of $5,836.00 from the Arkansas Department of Aeronautics for the design and engineering oversight of the Taxiway "A" Phase 1 project in support of the USDA Forest Service Fire Tanker Base. Resolution 122-03 As Recorded In The Office Of The City Clerk. Arkansas Department of Aeronautics Grant: A resolution accepting a grant in the amount of $200,000.00 froiW— the Arkansas Department of Aeronautics for construction of the University of Arkansas hangar project; and approving a budget adjustment in the amount of S400,0090 for same Resolution 123=03 As Recorded In The Office Of The City Clerk Sweetser Constru`c`tion/Grinders Skate Park: A resolution awarding Bid #03-45 to Sweetser Construction3Tnc. in the amount of $29,550.00 to construct sidewalks and access ramps at the Grinders` Skate Park; and approving a project contingency in the amount of $2,955.00 for same. Resolution 124-03 As Recorded In The Office Of The City Clerk. Cit. Council MaY mg August 19. 2003 Page 3 of 56 PPI . 03- 11 .00 Tomlinson on behalf of TTM-LLC: A resolution amending the Master Street Plan, dedicating 90 feet of right of way along Howard Nickel Road through the entire proposed development in a different alignment to complete a connection with the future extension of Rupple Road North. Resolution 125-03 As Recorded In The Office Of The City Clerk. The minutes were removed from the consent agenda. Alderman Davis moved to approve the consent as read. Alderman Jordan seconded. Upon roll call the motion passed 7-0. Alderman Reynolds was absent. OLD BUSINESS: CEI Engineers Master Street Plan Appeal (Butterfield Trail Village): . An appeal from Butterfield Trail Village of the Master Street Plan Right of Way dedication requirements. This appeal was tabled at the July 1, 2003 City Council meeting Alderman .Jordan moved to remove the item from the table. Alderman Davis seconded. Upon roll call the motion passed 7-0. Alderman Reynolds was absent. Mayor Coody: We don't do many appeals so you are going to have to enlighten us about how best to go about this. Docs the petitioner make an appeal , does the Planning Staff? Kit Williams: The petitioner has the right under our Unified Development Code to do an appeal before the City Council and then they should present their appeal, although probably we should have some background by Tim Conklin about what happened at the Planning Commission to lay the ground work for exactly what is being appealed at this point in time. Tim Conklin, Planning: This is an appeal of a Planning Commission decision on May 27, the Planning did approve;a large scale development for Butterfield Trail Village, that project included,-.,adding a new Alzheimer's unit, 22,347 square foot unit on the property and constructing >34 additional Parking spaces. Based on our Master Street Plan, we have had a Master Street Plan since 1970 and we routinely update that, when new development does come through our process, we review the development and determine whether or not it does meet our Master Street Plan with regards to the right-of=way requirements. in this situation with this large scale development on Joyce Boulevard there is currently 40 feet of right-of- way from centerline; our Master Street Plan requires 55 feet from center line for a total of 110 feet. We have used our Master Street Plan on Joyce Boulevard and throughout the City to require right-of-way dedications as new development does come through and in fact when Butterfield Trail Village did development the duplex or town home development back to the South and sold the property where Commerce Park, Ben Israel 's development is on the corner of Old Missouri and Joyce Boulevard, right-of-way was dedicated on Joyce Boulevard, 15 Leet for a total of 55 feet from center line, so this is not something that is unusual that we do as a City and as a Planning Commission. It is an ordinance requirement that we do require that the right-of-way be dedicated. What you are hearing tonight in the City Council Meeting August 19, 2003 Page 4 of 56 event that the applicant believes or request that a lesser dedication of right-of-way be allowed that is a City Council action and that is what you are hearing this evening. Back in June at one of the Agenda Sessions it was asked with regards to Joyce Boulevard and what was possible with regards to how could it be widened in the future, I did have staff look at that and look at how tum lanes could be constructed within that right-of-way. It would not meet our current Master Street Plan cross section for a principal arterial street, but it is possible to add turn lanes on Joyce Boulevard. Our cross section in our Master Street Plan, the reason why it is 110 feet, because it does allow for a wide boulevard median, which allows for landscaping and turn lanes to be added. It also allows for the sidewalk to be constructed separate from the street, so you have a green space between the street and the sidewalk, if you eliminate the green space between the sidewalk and the street and you reduce the landscaped island to about 11 feet it is possible to get turn lanes in, that is something that staff did look at. Alderman Rhoads: What exactly is a boulevard median? Tim Conklin : The width? Alderman Rhoads: The width and exactly what it is, I want to make sure I understand what you are talking about. Tim Conklin : For example part of Joyce Boulevard on the western end is a boulevard; it is a landscaped area in between two or four travel lanes:; Alderman Rhoads: How wide would that be? Tim Conklin : Under our MasterStreet Plan there is a cross section that shows the desired street construction for a principal arterial with a 20 foot minimum boulevard or median in the street, with 28, _feet back to curb, "two travel:=lanes in each direction, 10 feet green space between th&curb=ah& the sidewalk and a 6 foot sidewalk. That is what is desired for a principal:-arterial baseJea2tn our 'Master Street Plan and that's what we use when we do evaluate a.development ikh`en it comes through with regards to does it meet the right-of-way requirements Alderman Rhoads. And th"aplan calls for that median. Tim Conklin: That'� i drrect that is what the City Council did adopt back in 1996. Alderman Rhoads: From where to where? Starting at 265 and going to Gregg? Tim Conklin : That is a very good question Alderman Rhoads, Joyce Boulevard is classified as a principal arterial and is classified from Gregg Avenue over to Joyce Boulevard with a future extension beyond Joyce Boulevard to the east. It is the only principal arterial that's designated on what will be proposed as our Master Transportation city wide study coming up north of highway 45, so it is a major roadway in the future that has been identified on our City CUUMA Mwing August 19. 2003 Page 5 of 56 Master Street Plan currently and with regard to the proposed Master Street plan from our transportation consultant it is the only principal arterial that is shown. Mayor Coady: One thing that I might point out, correct me if I am wrong, the 20 foot width of the landscape median allows for occasional turn lanes to encroach upon that 20 feet for a left hand tum is that right'? Tim Conklin : That is correct. Mayor Coody: That is wide enough to become a turn lane where it is needed for limited access turns on the street. Tim Conklin : It does allow for turn lanes to be added, Icfi turn lanes to get into the developments along Joyce Boulevard. With regards to Joyce Boulevard m200 I , it had about 9,000 vehicles a day traffic count, projected in 2023 with regard to intersection capacity, like at Old Missouri and Joyce it is still estimated to be functioning at an acceptable level service. When we go into our transportation study we will define level of service in more detail, in 2023 the transportation consultant is stating that a level will still be acceptable in that area. 1 bring this up because even if we did have the right-of-way dedicated to us today there is no short range or long range places to widen that roadway, with right-of way dedications we do not go out the next week and remove trees or vegetation either, it' s held for future possible road way widening. The City of Fayetteville also when we look at road way design we do try to work to save trees, look at road way elevation, sidewalk elevations, so design considerations do come into the design plans of any road way widening. I just want to bring this up because taking the right-ofway today does not mean that the trees would be removed from the roadway, over all design has not been done. The illustration that 1 gave to the Council in June shows that there are many different design alternatives. The last question at the last Agenda Session that was asked was with regard to the right-ofway and the value of the right-of-way. I did have a land agent do some research with regard to land cost in that area, it is generally $8 .00 to $9.00 per square foot, land is going for, there is about 13 ,000 square feet, so it is around S 100,000 to S 125,000 worth of land if the City did have to acquire that additional right-of-way, that would be the cost to the City and that' s in 2003 dollars. Mayor Coody: We are all concerned about the trees obviously on this piece of ground and 1 think that is the reason that you are all here tonight and we share the same concerns that you do. There are no plans in the foreseeable future and we see a long way out in government, 10 years is short term, we don' t see any plans to widen Joyce for a long, long time to come, however, a future City Council that may find the need to widen Joyce Avenue, 1 think that we can work together to make a plan that is workable for the widening and 1 am just going to throw this out, if there is a way and I ' m sure there is that we could preserve these trees and acquire the right-of-way, 1 think the City would come out ahead and 1 think that Butterfield Trail Village folks would probably be pacified with that result. Tim and 1 went out there and looked at the site, one option that we kicked around as a possibility and we are certainly willing to work with the Butterfield Trail management and the residents t make something like this work, is that we could, within the right-of-way that we would be acquiring according to our ordinances, we could ask that Butterfield Trail Village dedicate a little bit like a six City Council Meering August 19, 2003 Page 6 of 56 foot strip of land up against your parking lot that is on the north side, from the curb to the north about six feet there and put a side walk on that part of the property, Butterfield Trail Village could get a tax write off for a donation, we could get a good safe, sidewalk for pedestrians there the trees would be saved in putridity and we could put into an agreement that whatever widening that might happen would include preservation of that stand of trees, that is just an option for City Council consideration and for Butterfield Trail Village residents consideration. I think this is an option that might pretty much solve everyone's problem I hope. Alderman Marr: Is that with this agreement. Mayor Coody: Kit just put this together a while ago, this is a option, this is a possibility and I think that this has merit and if I didn't think that it had serious merit for having everybody work for a common goal here we wouldn't have brought it forward. Alderman Davis : Tim I am kind of concerned you mentioned the traffic study that is on going right now and you mentioned that we weren't looking at going any further north than Joyce Street, Zion Road is something we need to look at in the future to also take us from 71 to 265, if you talk to a lot of people in north Fayetteville, a lot of people are taking Joyce Street because Zion is not a safe road to go down at this point in time. Yes, you have made some changes at the comer of Zion and Old Missouri where it is a little better turn, but the road is not very safe so people are not really going there and if you talk to some of the businesses that are located closer to 71 they will tell you that is a real problem, the way that it is set up at this point in time, so I hope people doing the traffic study do look at Zion because if they are not I am very, disappointed in what we are going to get back. Tim Conklin: Alderiiian, Davis you are correct, it is an ongoing study, I just wanted to share with you what's showingxon ourjtransportation plan right now of course that would have to be adopted by the City Council: Joy e'B uleuard is an arterial right now, Zion Road that is something that can be looked alain,the future. Alderman,Davis : And we;:would 12OR F*at the future. m Kit Williams:,_, ,I do want to apologize that this potential agreement was drafted so late a couple of Aldermen talked;kto me about possibility having some sort of an agreement to guarantee to the residents 'f Butterfield Trail that the trees would be preserved and at the same time reading the=C ty ordinances it was pretty clear that the city almost always does require, the ordinance says the City shall require a dedication of the additional land needed according to the Master Street Plan, so the Mayor and I were concerned about the problem here, we are known as Tree City USA, we have a long history of trying to protect trees, so when we looked at the drawing form the engineers we noticed that there appeared to be enough room on the far side of the trees that is the road had to be widened so much that the sidewalk had to be taken that if we could put the sidewalk on the other side of the trees that would protect the trees. You can't have a sidewalk too close to the trees or you are probably going to kill them anyway. City Cowwil Mcnling August 19. 2003 Page 7 of 56 Alderman Rhoads: Kit, are you talking about the south side of the trees? Kit Williams: Yes, you can' t have the sidewalk too close to the trees or you arc probably going to kill the trees anyway and that is why an additional probably about six foot strip would need to be donated to the City so if the sidewalk was ever built, it wouldn' t be killing the trees that we are all wanting to save. Upon the Mayors discussion and instructions I drafted something that is really something for discussion, it is not necessarily the final word, but it was something that we hoped would be able to both follow the City ordinances but still preserve that beautiful row of trees. I think as some of you know both of my parents were at Butterfield and 1 spent a lot of time going out there and I have a lot of warm feelings for Butterfield, they treated my parents very well throughout their entire time they were there. Certainly the City doesn ' t want to do anything that would be damaging to Butterfield it is one of our nicest facilities in town that is why the Mayor had me draw up this agreement and resolution. Mayor Coody: One of the reasons that 1 wanted to have Kit draw up this agreement was that anything that one Council does a future Council can undo, for example if we were to pass an ordinance or resolution saying that we would hope that future Council 's would preserve these trees, it is totally up to the future Council to preserve them or not depending on the political will at the time. If there is a contract drawn up, an agreement between parties, then that contract is enforceable. If we can come to terms on this so we can get the casement, the right-of-way we do need and preserve those trees in pertunity, 1 think that we will be able to put sonic paperwork that would protect everyone' s interest in this issue. Alderman Davis : 1 would like to see these trees preserved as you well know, this is kind of what Steve Gunderson, David Lashley and Don Hunnicutt spoke to us about that day we were out there on the tour, we listened and kind of came back with what they brought before us at that point in time at that meeting. I would like Steve Gunderson to have a chance to look at this and David Lashley and Don Hunnicutt to make sure that this is kind of like what we were talking about the day we were out there on the tour. Kit Williams: I have given them copies already Mayor of the draft agreement. Alderman Thiel: I have a couple of questions for Tim. Looking at this principal arterial section on page 26 from the center of the median which is 20 feet wide that is the requirement for the. principal arterial that would be 10 feet and an additional for the road that is over to the starting-of the greenspace that is 38 feet. Tell me where the right-of-way line if we vote to approve this appeal and do away with the additional 15 foot requirement, how far over is the 40 foot right-of-way to the trees that arc there. It appears to me that the trees in one of the maps on page 31 , the trees are already sitting along the 40 foot right-of-way, in other words if and when this road is widened to 28 feet plus the 5 feet for the median, unless we reduce that we are still going to be sometime down the future, even if we waive the 15 foot, we are still going to be encroaching on the area that those trees need to stay alive. Tim Conklin : "there is currently a sidewalk that is set off the edge of the curb and the drawing on page B. I . 32 show the existing 80 foot right-of-way, they would be set back, 1 r City Council Meeting August 19, 2003 Page 8 of 56 don't have a scale with me this evening, about 14- 15 feet. They are right on, if you look at that right-of-way line for the 55 feet from centerline, the trunk of the trees is almost on that line, so it is about 14- 15 feet, they actually get into that 15 feet on the east end as you go back to the west you get farther away from the street. Alderman Thiel: If we approve the appeal, the 40 foot, the existing right- of way is not encroaching on those trees? Tim Conklin : That is correct. What you see today is where the sidewalk is located. Alderman Thiel: If and when that road has a median put in it will not go any further towards those trees. It would go in to where the sidewalk is now I assume. Tim Conklin: That is correct. I did talk to our landscape administrator and he did feel like you definitely needed to keep it 14- 15 feet, he did not want to get any closer to the trunk of the tree. Alderman Thiel: So you are saying it would stay away 15 feet from the tree. I guess the process Kit would be we would approve this appeal and -then we would come back and vote for this resolution from the City. ., Kit Williams: No that would not be the�process,� f you grant the appeal and so you do not require any further dedication what so ever, then 4, ture City Council need to widen the road at all and do the other things that are required, likmelocate the sidewalk, then they are going to have to go ahead ', andapurchase som'&" additionaFnght-of-way. If they gave us a donation where the Mayor and I"were talking",about and also what Bob Davis was saying what Butterfield was talking about on the far ide..of the trees, if that doesn' t adjoin our property then that is just a-stnptof City land si g out in the middle of no where. This agreement would anticipate that theIllanningr`Commission's decision would be affirmed which is the s andarjd dedication as required''by the Unified Development Code. With the agreement of Butterfield Trail Village to, donate an additional 6 foot strip of land that would be outeonsideration for eemg ttatwe will preserve the trees and if the street was ever widened we would not move the sidewalk where it would normally be instead we would put it on the far side of the trees away from the trees far enough not to kill them, but still there would be a public sidewal , which is also required in our Master Street Plan and which is well used in that particular area, so you would actually have to vote to confirm the Planning Commission's decision and then we would want an agreement with Butterfield Trail in order to insure that those trees are protected. Alderman Thiel: So we would take the additional 15 foot right of way and ask them to donate an additional six feet. Kit Williams : Yes, where the sidewalk would be built, if in fact the street was ever widened and that way we have an enforceable contract where they have given us something they don't have to give. City Council MttIing August 19. 2007 Pagc 9 or % Alderman Thiel : But that doesn' t tic the hands of future Councils. Kit Williams: Yes it would, because when you have an enforceable contract where one party has given us something we arc not entitled to, we are not entitled to that extra six foot strip, that is something they would be conveying to us, that would be consideration to tie the City's hands in the future to also follow the agreement that the City has made. Alderman Thiel : The agreement would be that we would never cut the trees. Kit Williams : This resolution is not actually on the agenda, it was not before you at the agenda session so it is not actually before you right now, it is what we came up with in response to us Aldermen ' s suggestions. Alderman Thiel: This is totally binding; no future City Council could change this. Kit Williams: That is my opinion, that it is an enforceable contract and both sides are bound by it. We are bound by it and Butterfield Trail would be bound by it. Alderman Rhoads : It is my understanding the way this proposal would work is that if we widen the street, the street would be uniform all the way from Gregg Street to 265 or whatever amount that was widened the only thing that would be different is that the sidewalk by Butterfield Village would merely jog to the south for what ever the length of that strip is in front of Butterfield. It sounds like you have your cake and eat it too. Mayor Coody: Pedestrian safety is enhanced with this too because if a car were to veer off the road they would have to go through a big tree before they would hit a pedestrian. Alderman Davis: Is that the way Planning sees this, what Robert just described is that the way you envision}��7tJi�Qphis. �r.r-51 ` "rY. Tim �oklin : The d�si'gn in order to save the trees would be modified with regard to the boutev3r. in this locatiorijiithe remaining, if it follows the Master Street Plan, would be built accordingl•. and that is somdtthing that would have to be designed . Alderman Da'vis.i},So it may_ actually be a little narrower. j(,a. Tim Conklin : That is;Lorrect, that is how we are saving the trees, and typically the sidewalk would be right where the center of the trunks of the trees is. The boulevard would be wider and your lanes would be closer to the trees, so that is what we are giving up. Alderman Davis : So in essence it kind of goes back to the letter that 1 requested for you to re-look at this and sec if it was able to be done with inside the current right-of-way, where you indicated that more than likely what we could is decrease a median size from 20 feet to I I feet. City Council Meering August 19, 2003 Page 10 of 56 Tim Conklin : That is correct. We looked at producing median size travel lanes from 12 to I 1 , curb and gutter width 2 to 1 % so we tried to reduce as much possible. Alderman Lucas: So with this agreement we still would not have the street the same, like Robert said, it would not be the same width all along? Tim Conklin : The pavement would change in the boulevard, the median width would change. Mayor Coody: I think that we wouldn't know exactly what the dimensions of the final street would be until it comes time to actually engineer it. Alderman Davis: But Mayor, I don't think that is all that important, .I think Tulsa is a very beautiful city and as you drive through some of the major thoroughfares -in Tulsa some of the streets are very wide and other areas are very narrow, there are four lanes through there, so I don't see where that is really a problem if we have a section that goes fr`oin,being 90 feet wide down to 80 feet and you have a little turn lane like what you have drawn.here when I asked that question of you, which does allow for the ingress and egress basically going to the west with a turn lane to get in and out of Butterfield. Kit Williams: But as Alderman Rhoads:said the sidewalk would be the main one to the jog, would it not Tim and have you determined how faryou think the street would actually have to narrow, correct me if I am wrong, would the engineering department still need to be taking some of the right-of-way up toward sidewalk in order to widen Joyce at this location to meet the Master Street Plan? Tim Conklin: I think when you are going to ;,be constructing the street with regards to drainage and utilities, this'-is a reduced, cross sect�oi or design that we came up with in June, it's narrower, it has not been engi tiered;. and;iti's conceptual plan. It is very flat out there, I don't think you are going to have, a lot of grading issues and cut and fill slopes so I think it is feasible and possible to do this, but it is not going to look the same from Gregg to Highway 265, it would look different in thisInpan and the trade off is that you are potentially saving the trees on Butterfield Trail. Alderman Jordan: So what' we have is, we are going to give a little bit and the median will be cut down some what and supposedly Butterfield will give a little bit and give us 6 feet of space on the other side. of the trees to preserve the trees and to put in the sidewalk, right. Tim Conklin : If they agree to do that, that is correct, that is what we are talking about in exchange. Alderman Davis: My question on that is, and I want to hear from Butterfield Trail, was how that is going to affect there parking on the north side of the complex. Kit Williams : It does not encroach on it; it is a couple of feet away at least. City Council Mcning Auguel 19. 2003 Pagc I I of 56 Mayor Coody: There is plenty of room between the trunks of the trees and the curb, for their parking lot to where a sidewalk could go in there and be well out of the danger zone for the trees. Alderman Davis : I would like to hear from Mr. Gunderson, Mr. Hunnicutt, and Mr. Lashley since they were out there that day with us. Mayor Coody: Mr. Gunderson would you like to address us tonight . Steve Gunderson : Perhaps it would be better if our engineer addresses you, he is the one who has been helpful with us and I don't know if he has had any interaction with any of you or any of the staff regarding this new proposal. This has sort of caught us off guard; I ' ll be honest with you. Mayor Coody: Well this is brand new, this is still warm, and so we haven' t had much of a chance to discuss it that is why we are throwing it on the floor for discussion right now. Steve Gunderson: I don't know if you want us to go into our full fledged presentation, I ' m not sure if 1 agree with some of the things that Mr. Conklin said although he' s probably smarter and very versed in his area than I am, I am not sure: that you can' t do away with that complete boulevard in that area. I 'm also a . little concerned that if we move the sidewalk six feet south of the current trees, we are putting a public sidewalk in a private arca and now 1 have to put a gate on both ends and let people walk in and out of a private facility, I am not sure that is going to work . We also are a 501C3 and the dedication doesn't benefit us a bit. Kit Williams : That .actually wquld not be a private area, if you wanted to you could still have your fence on "thc.i.Qler side�of the sidewalk just like it is now, that would be actually a public sidewalk and the n'ght-of'way of course is public land also, so that would not be a private arca even though ri fit now tri rc 's afl ortion of it that is private it would not be private at that point. Butted would be learly able to put their fence up between it and the parking. Steve Gunderson : It is rriy ndcrstandtng that this agreement would require us to allow you to take the 15'feet that you ace seeking and in addition give you an additional six feet. So we are going to give you 21 fectn order for you to preserve the trees. Mayor Coody: 15 ofithat would be by requirement because the ordinance says we shall do this, the six feet would be a donation in order to preserve those trees in putridity. Steve Gunderson: I'm like the Mayor and maybe like Mr. Williams, this thing needs to be tossed around a little bit before I can tell my client to do something like this. This may be a good start, but l can't tell you right now where we stand. Mayor Coody: Would you like for us to table this until we' ve had a chance to discuss this further? City Council Meeting August 19, 2003 Page 12 of 56 Steve Gunderson: Well, we get into time problems when we start tabling this because as you know there are other governmental agencies that control our building process and the longer we table this the longer we delay that and we may in fact have problems with another agency. If we can table it for two weeks at the very most. Alderman Rhoads: There is maybe another way to do this Mayor, perhaps we could go ahead and vote on this and vote on this agreement that we approve that the if the Council approves of this agreement and that gives you the option to rather accept the agreement or not accept the agreement after you kick it around. Steve Gunderson : But we might be bound by your vote if you do it that way and I would rather not do it that way, Alderman Davis: The only way we could reverse that is if someone on the winning side wanted to come back and bring this back up at the next Council meeting, otherwise it is pretty much a dead issue. Kit Williams: We have a lot of people here, it might be that we let some of the people that came here go ahead and give us their affirmation. Mayor Coody: We will allow everyone to speak that would like to speak. Steve Gunderson : Why don't we do that and then at the end of this I' ll speak at you regarding tabling it or where we would go from there if that is alright. We brought a lot of residents and there are a lotof other issues rather than the trees, and these good people have something to say and Inure wouldlike for them to have the opportunity to say it. Alderman Jordan: Steve!if youshave, us table it and you want to come back in two weeks, the only problemwiththatis ewe will- be in the middle of a smoking ban issue at that time. Steve Gunderson: I will let oui4ngineer talk a little now and than if we could maybe we will fast pace this a little bit: Kevin Yates, CEI Engineering: We have heard the facts as far as the Master Street Plan what those right-6f-way dedications requirements would be, one thing that was in that section for the principal arterial,°'there is a quote, "in areas where sufficient right-of-way is unattainable the minor arterial four lane section cane be used" which has a lesser right-of- way which is 90 feet versus 110, which is 45 feet from center line, we stand at 40 feet right now. I believe we can provide the same driving surface through here and not have the boulevard as far as the median with the green space in the center and have the same driving surface with that and then cut down the green space between the sidewalk and the proposed back of curb on the street improvements if they ever went through. You maintain your driving through there, you separate the sidewalk from the private use with the trees just like it is doing now and we don't have to have any right-of-way dedication to do that, I'm saying we make up that 5 feet we are lacking for that 45 feet from center line in the green space between the sidewalk and the back of curb. City Council Morning August 19, 2003 Page 13 of 56 Mayor Coody: So we would basically have the sidewalk right up against. Kevin Yates : No you would still have five feet between it, there is ten feet in the section right now on the minor arterial . That is one approach that we can take to get there. Whoever prepared the Master Street Plan and these sections had vision enough to realize there is not always going to be instances where you can get the full right-of-way that you need. 1 think this is a pretty unique situation where you would want to apply this. If we can go that approach we still keep the public sidewalk separated from the private use, which if you look into your tree protection preservation purposed under your landscape manual, the purpose of the trees is to screen incapable land uses and public streets and sidewalks versus a retirement community like Butterfield Trail Village those are definitely incapable uses. You arc going to have a wide variety of people going up and down those public sidewalks where it is a pretty unique group that is in Butterfield Trail Village, so 1 think those apply as well . We've got 23 pin oaks that are 20 years or plus in age, there are seven of them that are 18 inch in diameter, we have provided pictures and l know several of you have visited the site, like 1 say this is a very unique situation here. The driving surface, or if you look at the principal arterial section is 28 foot each side or 56 foot total, the minor arterial section is 52 foot total that is four feet difference. The purpose of that are the interior curb sections because you don't use those as a driving, so actually your driving surface is the same if you take those two foot curbs out. I believe we can provide a uniform section up through there, granted it might not have the median, it would be a turn lane or it could be a reduced median as they have talked about right here, narrow that green space between the sidewalk and the back of curb in the right-of way, keeping the right-of way as is right now and still make this function. I think you would fall within all your ordinances and it gives you the allowance to do that and it goes in line with your tree preservations proposes that you have in your landscape manual. Alderman Lucas : Are you saying there would be no tum lane because that is one of the things it really needs. Kevin Yates : In that minor arterial section there is allowances for turn lanes. Alderman Davis : In the existing drawing that Tim gave us showing what we could do with what is currently there as you notice there is a turn lane to get in and out and that is without taking any additional right-of-way, that is the current amount of access we currently have, Kevin Yates : 1 will be .glad if Tim would like to comment on anything that I have said or address any questions that he would have or if 1 have stated anything incorrectly. Alderman Davis : 1 don't know about the rest of Butterfield but I have gotten the impression according to this picture you are telling us this is ten feet from the sidewalk to the curb is that correct. Kevin Yates: Not in the existing condition. In the proposed right-of-way section, if you go out from centerline and you went 45 feet to get the 90 you would need five feet further right- City Council Meeting August 19, 2003 Page 14 of 56 of-way than you have which would actually be a little south toward the fence from that sidewalk. Alderman Davis: So it would be closer to the site. Kevin Yates: What I am saying is that we reduce the green space between the proposed sidewalk and the proposed back of curb from ten feet to five feet and we make up that five feet of right-of-way that would be required that we would have to dedicate which would encroach into the drip line of these trees and potentially affect them as far as killing them in the future from being disturbed around. We wouldn't have roadway construction at that point it would still be sidewalk type construction, we maintain that drive lane width through there, the same drive width surface and we fall within all these , guidelines we are talking about. Alderman Thiel: Do you by chance have a drawing of this that someone could run us off copies. Kevin Yates : I have extra copies of the appeal letters with these copies of these sections in here. Alderman Thiel: You have copies of the section that you are just proposing right now to us. We don't have that in our packet do we. Tim Conklin : I think it is on Page 31 . Alderman Thiel: Page 31 , I thought that was your drawing from the City. If you have copies of that for us that would be great instead of us trying to find it. Now if you could discuss it again while we are looking at it. Kevin Yates : Discussed the proposal again. Alderman Davis : Is thattg'oing to allow us to have a turn lane? Kevin Yates:,,.}rim that docsallow for a tum lane does it not in that minor arterial section? Tim Conklin : Yes;that would give you enough room for a tum lane but not enough room for a boulevard or a median . 11 Alderman Davis: Those 52 feet would? Alderman Marr: Tim could you give us two road examples in the City of Fayetteville, one that is a boulevard and one that is a turn lane, just so everyone is going from the same prospective. City Council Meeting August 19, 2003 Page 15 of 56 Tim Conklin : Joyce Boulevard has a center tum lane if you are near Wal-Mart Super Center heading back to the west and as you go further west it turns into a boulevard that is the difference. Alderman Thiel : The fact that we are going to have the green space hopefully remain in front of Butterfield, even this does possibly weave in and out some, that to me seems to be a very attractive solution, 1 love boulevards but a boulevard is a green space, we already have this green space, I do agree that we need a tum lane there, if' we were giving up a turn lane that would concern me. As long as there is enough room for a turn lane and a sidewalk and insurance that we are not going to be getting into the drip line of these trees and that does concern me whenever we talk about what Tim had suggested earlier to do away with the sidewalk and have cut in and have to construct for a street is very different and could be much more intrusive to the drip line and the protected area around the trees. Alderman Davis : That is a beautiful area right now, I don' t see any reason to take the chance in destroying that area, so I like your idea of the City taking five feet and leaving the five feet that you just mentioned. I don ' t know where we are tonight with that because of what you the Mayor and Kit brought forward. 1 agree with what Steve Gunderson said that I don' t really think that anyone, us included wants to have people walking behind the fence line that aren' t part of Butterfield Trail Village, that is more of a security measure for them and a prospective measure and i don' t think we need just anybody walking back behind the trees for security purposes. Kevin Yates : Those nice mature trees provide a nice buffer even if you could put a fence something between the sidewalk and the back of curb, you wouldn' t have that buffer with the berming of the ground and those nice mature trees there. Mayor Coody: Is there some problem with the public using a sidewalk that is a security problem, because we have sidewalks all over town and we don 't have barriers between the sidewalks and all the other uses. I can' t help but think a public sidewalk is a good thing in town and it' there is a way that we could protect pedestrian safety, moving it farther away from four lane traffic instead of closer to the four lane traffic and have a safe pedestrian passageway�and if this fence that is existing is adequate now, if that same sort of fence could be built it seems like that adequacy would be maintained, I am wondering ifthis fear factor about having the public on a sidewalk a little closer to Butterfield Trail I can't image that's really going to be a dangerous situation. Kevin Yates : 1 don' t know that it would be a dangerous situation as much as it would be a difference in uses; I ' m saying you might have young people out there at later times when theses folks might be going to bed or vise versa. I am saying it ' s a difference in uses and the buffer is provided by those nice mature trees there versus if you put that sidewalk back there, there is nothing to screen that from those buildings back there, it is almost as if you do a commercial versus a residential, you buffer with landscaping, opaque screens that sort of thing in your ordinance now it is the same type situation, it' s just there right now and if we keep the sidewalk outside of it, it buffers it where if we put it back there, there is not a buffer or a screen there.