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HomeMy WebLinkAbout2003-12-16 - Agendas - Final Final Agenda For City Council Meeting December 16, 2003 A meeting of the Fayetteville City Council will be held on December 16, 2003 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Fayetteville Natural Heritage Committee Presentation. Nominating Committee Report A. CONSENT: 1 . Approval Of The Minutes: Approval of the October 21 , 2003; November 18 and December 2, 2003 meeting minutes. 2. Vanco Engineering Flash Mixer Purchase for the Noland Plant: A resolution approving the purchase of a flash mixer for the Noland Wastewater Treatment Plant in the amount of $21 ,310.00 from the lowest qualified bidder, Vanco Engineering Company; and approving a budget adjustment in the amount of $55,000.00 for same. 3. EDC Corporation Bid Award No. 03-68 and Contract Approval: A resolution to approve a contract with EDC Corporation for the AIMS Parking Management System in the amount of $34,357.26, with a project contingency of $3,435.74, and approval of a budget adjustment in the amount of $37,793.00. 4. Jiro Black Contract - Operation of the Lake Fayetteville Boat Dock: A resolution awarding a contract to Jim Black in the amount of $31 ,719.00 to operate the Lake Fayetteville Boat Dock for calendar year 2004, with five one-year renewal options. 5. Green Anderson Contract Amendment — Installation of an Emergency Generator for City Administration Building: A resolution to approve amendment # 1 of the agreement with Green Anderson Engineers, Inc. in the amount of $3, 100.00 for engineering services related to design of a standby emergency generator system for the City Administration Building. 6. Jerry Sweetser Construction Contract — Construction of Broyles Road: A resolution approving a construction contract with Jerry D. Sweetser, Inc. in the amount of $397,868.25 for the construction of Broyles Road from Wedington Drive to Persimmon Place Subdivision; approving a 15% project contingency in the amount of $59,680.75; and approving a budget adjustment in the amount of $457,549.00 for same. 9 0 7. Habitat for Humanity Waive of Building Permit Fees and Developmental Fees: A resolution to waive the building permit fee and other developmental fees for homes to be constructed by Habitat for Humanity. B. OLD BUSINESS: 1 . ADM 03-29.00 Amend Master Street Plan — Cliffs Boulevard Eastern Extension: A resolution approving an amendment to the Master Street Plan relocating Cliffs Boulevard and reducing it to a collector street between Highway 265 and Starr Drive as shown on Exhibit A. 2. Hay Group Salary Survey: A resolution: A resolution adopting the Hay Group's recommendation in the 2003 compensation practices update; implementing 50% of the recommendation in January 2004 and the remaining 50% in January 2005. 3. 2004 Annual Budget: A resolution adopting the proposed 2004 Annual Budget & Work Program and the 2004-2008 Capital Improvement Program. This Resolution was tabled at the November 18, 2003 City Council meeting until the December 2, 2003 City Council meeting. This resolution was tabled at the December 2, 2003 City council meeting to the December 16, 1003 City Council meeting. C. NEW BUSINESS: 1 . OMI Contract Amendment No. 10: A resolution approving Amendment No. 10 to the contract with Operations Management International (OMI) in the amount of $4,373,573.00 for the operation and management of the Fayetteville Wastewater Treatment Plant for 2004. 2. Fayetteville Boys and Girls Club Agreement to Provide Public Recreation: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and the Fayetteville Youth Center Inc. in the amount of $250,000.00 to provide public recreation services for the youth and citizens of Fayetteville for 2004. 3. Council on Aging Agreement and Bid Waiver to Provide Public Recreation for the Citizens of Fayetteville: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and the Council on Aging in the amount of $32,900.00 to provide public recreation services for the senior citizens of Fayetteville for 2004. 4. ANX 03-4.00 — Repeal Ordinance 4518 Carol Stephens Annexation: An ordinance repealing Ordinance No. 4518 for 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 0 0 5. RZN 03-37.00 — Stonebridge Meadows: An ordinance rezoning that property described in rezoning petition RZN 03-37.00 as submitted by the City of Fayetteville for property located south of Goff Farm Road and east of Stonebridge Meadows. 6. Traffic and Transportation Study: A resolution accepting the traffic and transportation study dated October, 2003 and prepared by Bucher, Willis & Ratliff. 7. LEECO Fire Equipment: A resolution approving the purchase of one Emergency One, Inc. (E-One) pumper apparatus from LEECO, Inc in the amount of $347,645.83; and approving a budget adjustment in the amount of $377,646.00 for same. D. INFORMATIONAL: Citizen Survey Distribution • r Fayetteville City Council Meetin f December 16, 2003 A.cr/' l Subject : Roll Call V Motion To: Motion By: Seconded: Marr t/ Rhoads Davis Lucas a Jordan Reynolds "Thiel r/ Cook ✓/ Mayor Coodv r/ Subject. A d Motion To: Motion By: M� Seconded: Marr Rhoads ✓ Davis t/ Jordan ✓ Reynolds ✓ Thiel �✓ Cook ✓ i 6 Fayetteville City Council Meetin*December 16, 2003 Subject : Motion To: Motion By: U &Adak-- Seconded: Marr Rhoads Davis t/ Jordan ✓ Reynolds ✓ Thiel /g3 Cook ✓ Subject: 03 - a 9. 0 � � nnin° Atuf` ' Motion To: Motion By: Seconded : Marr Bel Rhoads ✓ Bid Davis ,/ ✓ Jordan ✓ ,i /1J Reynolds /q �l 03 'I'hiel Cook ✓ ✓ Mayor Coody Fayetteville City Council Meetin*December 16, 2003 • Subject: Motion To: A,4 Motion By: ' , w1 ^ ^ •� '�II Seconded : aOtUU� . pp Marr Rhoads atkAwDavis ✓ n I�aeae• l � Jordan Reynolds t/ I 'I'hiel Cook Mayor Coody Subject: Motion To: �00p Motion By: MQ ,/ Seconded : a4L, O .Zoos, Q Marr Rhoads ✓ ,, n d Davis ✓ ��d Imo- Q�6Sr avo - do S' a7 � Jordan It 5d ?v Reynolds ' �00 � 0°fv Thiel t/ i007o 1,�°,v04 Cook � /A0 " Mayor Coody Fayetteville City Council Meetin*December 16, 2003 . Subject: 1 56U Motion To: Motion By: Seconded: Marr 6 Rhoads f Davis I-►� Jordan f Reynolds J Thiel � t� Cook Mayor Coodv Subject: c70Dt/ af+lcuap �t �ee Motion To: Motion By: � Seconded: �- 0 �L Marr B 3 , Rhoads ✓ � a Davis ✓ Jordan ✓ Reynolds / Thiel 19(<7� v Cook ✓ Mayor Coody '—� Fayetteville City Council Meetin* December 16, 2003 • Subject : OMZ liDtcitaeJ 1 /U Motion To: Motion By: Seconded: Marr ✓ C I Rhoads ✓ 'Q1 , Davis tdio U Jordan ✓ Reynolds ✓ O Thiel f /� Cook I % �7 Mayor Coody Subject: �d Motion To: Motion By: Seconded: M Owl, Marr t/ ✓ Rhoads ✓ ✓ A.IOCLJw Davis �/ ✓ ✓ Lmmw Jordan �✓ ✓ ✓ Reynolds ✓ �/ ,/ Thiel ✓ ✓ ✓ Cook ✓ ✓ Mayor Coodv h�5 3 � Fayetteville City Council Meetino December X166, 2003 • Subject: Ow G jQ r"E't * � ". Motion To: Motion By: G1 �3 / Seconded : tA Marr ✓ �/ ✓ Rhoads ` � , 3 Davis ,/ ✓ �/ Jordan ,/ ✓ �/ Reynolds ✓ ✓ ✓ Thiel �✓ ,/ Cook ✓ .✓ ✓ �✓ 3 Mayor Coody Subject: A q . 00 Motion To: Motion By: Seconded: 8� Marr ✓ �/ C Rhoads f ,/ Davis ✓ ✓ �/ Lucas � f Jordan ,/ ,/ ✓ Reynolds (� Thiel �/ ✓ ✓ Cook Mayor Coody 7✓ � 7 Fayetteville City Council Mectins December 16, 2003 • Subject: / Z N Motion To: Motion By: s�o Seconded: Marr �/ ✓ Rhoads ✓ ,� ✓ Davis t/ ✓ ✓ F b Lucas Jordan ,/ ✓ ✓ Reynolds ✓ ✓ ✓ � r Thiel ✓ �/ ✓ Cook i/ J ✓ Mayor Coody Subject: 1,A g r ile - � 44 Motion To: Motion By: 114 4IVi� Seconded : Marr Rhoads Davis f Lucasi Jordan (l/q� Reynolds �✓ Thiel f Cook ✓ Mayor Coody Fayetteville City Council Meetin*December 16, 2003 • Subject: 7VU Motion To: Motion By: Seconded: Marr ✓ C Rhoads Davis N " Lucas Jordan Reynolds � Thiel 9� -o3 Cook / Mayor Coody — Subject: Motion To: Motion By: Seconded : d41r� Marr Qy Rhoads � dA Davis Y Lucas Ln Jordan (� Reynolds Thiel Cook Mayor Coody l Sondra Smith - Margo Heinzelman 521 -8923 _ Page 1 • • From: Amber Wood To: Smith, Sondra Date: 11 /4/03 8:29AM Caller. Margo Heinzelman Company: Fayetteville Natural Heritage Committee Phone: 521 -89413 1 ['] Telephoned ['] Please call [ ] Will call again [ ] Returned your call [ ] Wants to see you [ ] Came to see you ( ] Urgent She would like to be put on the December 9th Agenda. She is going to present the Mayor with a $15,000 check and she would like to be the first Rem on the Agenda. • FNHA is focused right now on fulfilling its commitment to the Mayor and City Council to raise $ 300,000 in cash over the next three years. • FNHA is studying other areas around town that need conservation. FNHA is a curious group. • We are diverse in age, professions, background and interests. • We are self-recruits who have melded together into an effective advocate group. • We are committed to preserving the quality of life that attracted us to Fayetteville. • We seek collaboration with the City Council , Mayor and city staff, with other groups and with the media to tell our story and conserve critical natural and native areas. • We raise money to deliver on our promises. 0 0 FAYETTEVILLE NATURAL HERITAGE ASSOCIATION 2003 - A YEAR OF ACCOMPLISHMENTS • Until a broad based group of interested citizen founded and incorporated FNHA last December there was no local group actively working to conserve the urban forest and native habitat that differentiates Fayetteville locally and nationally. • In less than a year a corps of dedicated volunteers have: o formed and incorporated the organization, o developed a board, technical advisory committee and committees, o gotten our IR5 501 (c) (3) tax status, o worked with the city to secure Mount Sequoyah woods, o recruited a membership of 465 individuals and families, o raised $ 105, 611 - $30,766 in cash and memberships and $74,845 in pledges from our membership base and board , o given the City Council two checks for $15,000 each and plan to present a third $20,000 check at the December 16 Council meeting and o obtained a $3000 Forestry Commission grant to label trees and features in Mount 5equoyah. • Creative and dedicated people have come forward to help raise money. The Medders who were engaged in M5W chose to have their wedding presents donated to FNHA. Their dedication and outside-the-box thinking resulted in a $2003 gift. They are getting active in recruiting Generation Xers into FNHA. The Chamber Leadership Class adopted M5W. • For the remainder of 2003 FNHA will ask its members to increase their support, will recruit a Fundraising Advisory Committee of opinion leaders to help us design our community appeal and plan the strategy to launch our 'Pass It On" campaign in January 2004 to raise the remaining $200,000 in cash for our commitment to purchase the conservation easement to protect MSW in perpetuity. The community phase will approach individuals interested, businesses and community groups in conservation. • In 2003 and 2004 FNHA volunteers continue to work with the city staff to identify and apply for grants to purchase and maintain M5W and other natural heritage sites in Fayetteville. • Nominating Committee Report Meeting: Wednesday, December 10, 2003 Room 326, City Hall 3 :30 - 8:00 pm Members Present — Kyle Cook, Shirley Lucas — Through 6:30 pm, Don Marr, Robert Rhoads The Nominating Committee meeting was called to order at 3 :30 pm. We reviewed the interview schedule for the aflemoon. We determined because of the volume of applicants that when interviews for a specific committee were finished we would discuss appointment to that respective committee at that time, rather than waiting until the end. After interviewing all applicants and discussion among the Nominating Committee, the following is being submitted to the entire City Council for consideration. The nominations are being submitted by the Nominating Committee with the committee's unanimous recommendation. Airport Board The Committee recommends the following candidates for appointment: • David Holtman — The appointment is for One Pilot term ending 12/31 /2008 • • Janice Stanesic - The second appointment is for One unexpired Business term ending 12/31 /2007 Audit Committee The Committee recommends the following candidates for appointment: • Adam Motherwell - re-appointment, One term ending 12/31 /2006 Environmental Concerns Committee The Committee only received one applicant for this committee. However, we did have one citizen that had applied for the Audit Committee express interest in serving on a committee for the City until their original committee interest became available. The Committee recommends the following candidates for appointment : • Kathe Dyer - One Community Citizen at Large term ending 6/30/2006 • Judy Jacobs — One unexpired Community Citizen at Large term ending 6/30/2005 • , One Local Industry term ending 12/31 /2006 — vacant (not enough applicants applied to fill all available slots) • One Community Citizen at Large term ending 6/30/2006 — vacant (not enough applicants applied to fill all available slots) • HousinP Authority Board of Commissioners • The Committee interviewed each applicant that had applied, however because of State law; the Committee has referred all applicants to the Housing Authority Board for Interviews, and is awaiting the Boards recommendation prior to any selection being recommended to the full City Council. Parks and Recreation Advisory Board The Committee had some awesome applicants for this board, and we would like the City Clerk's office to retain these applicants in a separate file so that the Nominating Committee can call back those individuals not selected and encourage them to reapply again when future appointments become available. The Committee is recommending the re-appointment of four current Parks Board members. We felt there was not a compelling reason not to reappoint current members who were all eligible for the second and final terms. The Committee recommends the following candidates for appointment: • Michael Hill — re-appointment — term ending 12/31 /2005 • Kristen Holmes — re-appointment — term ending 12/31/2005 • Trey Marley — re-appointment — term ending 12/31/2005 • Craig Mauritson — re-appointment — term ending 12/31 /2005 Sidewalk and Trails Task Force • The Committee recommends the following candidates for appointment: • Sam Lafoy — term ending 12/31/2005 • Cindy Kalke — term ending 12/31/2005 • Laura Kelly — re-appointment — term ending 12/31 /2005 • Scott Mashburn — re-appointment — term ending 12/31/2005 Telecommunications Board The Committee recommends the appointment of One Term, with the term ending time to be determined when the Telecommunications Board convenes and draws for newly designated alternating term slots. The Committee recommends the following candidates for appointment: • Cary Cochran — One term, term length TBD • i • Tree and Landscape Advisory Committee The Committee again had good applicants for this committee; however we had more developers apply than positions available. Again, we would like the City Clerks office to retain the individuals not appointed so that they may be considered for future openings. The Committee recommends the following candidates for appointment: • Bill Dollar — One Business term ending 12/31 /2005 • flank Broyles — One Land Development term ending 12/31 /2005 • Melissa Evans — re-appointment, One Land Development term ending 12/31 /2005 • Tommy Deweese — One Utility Representative term ending 12/31 /2005 • One University Representative term ending 12/31 /2005 — (No applicants received that would qualify for appointment to this position.) • Keith Roberts - One Service Organization term ending 12/31 /2005 Youth Activities Committee The Committee interviewed over 1 I students from Woodland Junior High for this committee. While many individuals would be great candidates for this committee, we recommend the appointment of two individuals from Woodland Junior High to fill the one open position for Woodland Junior High and the one open position for West Campus. All other applicants will be forwarded to the Committee so that in the future, the • Committee will have individuals to contact and request their assistance for planning and execution of youth activities. The Committee recommends the following candidates for appointment: • Shay flapper — One Teacher term ending 11 /30/2005 • flaley Bradford — Student term ending 11 /30/2004 - Woodland Junior High • Michael Brown — Student term ending 11 /30/2004 - Woodland Junior High • John Green - One Citizen At-Large term ending 11 /30/2005 Nominating Committee Meeting adjourned at 8:00 pm. • Dominating Committee Report Meeting: Wednesday, December 10, 2003 Room 326, City Hall 3 :30 - 8:00 pm Members Present — Kyle Cook, Shirley Lucas — Through 6:30 pm, Don Marr, Robert Rhoads The Nominating Committee meeting was called to order at 3 : 30 pm . We reviewed the interview schedule for the afternoon . We determined because of the volume of applicants that when interviews for a specific committee were finished we would discuss appointment to that respective committee at that time, rather than waiting until the end. After interviewing all applicants and discussion among the Nominating Committee, the following is being submitted to the entire City Council for consideration. The nominations are being submitted by the Nominating Committee with the committee 's unanimous recommendation. Airport Board The Committee recommends the following candidates for appointment : • David //o/f pan — The appointment is for One Pilot term ending 12/31 /2008 • Janice Stanesic - The second appointment is for One unexpired Business term ending 12/31 /2007 Audit Committee The Committee recommends the following candidates for appointment : • Adarn Motherwell - re-appointment, One term ending 12/31 /2006 Environmental Concerns Committee The Committee only received one applicant for this committee. However, we did have one citizen that had applied for the Audit Committee express interest in serving on a committee for the City until their original committee interest became available. The Committee recommends the following candidates for appointment: • Kathe Dyer - One Community Citizen at Large term ending 6/30/2006 • Judy Jacobs — One unexpired Community Citizen at Large term ending 6/30/2005 • . One Local Industry term ending 12/31 /2006 — vacant (not enough applicants applied to fill all available slots) • One Community Citizen at Large term ending 6/30/2006 — vacant (not enough applicants applied to fill all available slots) 1 Housine Authoritv Board of Commissioners The Committee interviewed each applicant that had applied, however because of State law; the Committee has referred all applicants to the Housing Authority Board for Interviews, and is awaiting the Boards recommendation prior to any selection being recommended to the full City Council . Parks and Recreation Advisory Board The Committee had sonic awesome applicants for this board, and we would like the City Clerk 's office to retain these applicants in a separate file so that the Nominating Committee can call back those individuals not selected and encourage them to reapply again when future appointments become available. The Committee is recommending the re-appointment of four current Parks Board members. We felt there was not a compelling reason not to reappoint current members who were all eligible for the second and final terms. The Committee recommends the following candidates for appointment: • Michael Hill — re-appointment — term ending 12/31 /2005 • Kristen Holmes — re-appointment — term ending 12/31 /2005 • Trey Marley — re-appointment — term ending 12/31 /2005 • Craig Mauritson — re-appointment — term ending 12/31 /2005 Sidewalk and Trails Task Force The Committee recommends the following candidates for appointment: • Sam Lafoy — term ending 12/31 /2005 • Cindy Kalke — term ending 12/31 /2005 • Laura Kelly — re-appointment -- term ending 12/31 /2005 • Scott Mashburn — re-appointment — term ending 12/31 /2005 Telecommunications Board The Committee recommends the appointment of One Term, with the term ending time to be determined when the Telecommunications Board convenes and draws for newly designated alternating term slots. The Committee recommends the following candidates for appointment : • Gary Cochran — One term, term length TBD Tree and Landscape Advisory Committee The Committee again had good applicants for this committee; however we had more developers apply than positions available. Again, we would like the City Clerks office to retain the individuals not appointed so that they may be considered for future openings. The Committee recommends the following candidates for appointment : • Bill Dollar — One Business term ending 12/31 /2005 14 • Hank Broyles — One Land Development term ending 12/31 /2005 • Melissa Evans — re-appointment, One Land Development term ending 12/31 /2005 • Tommy Deweese — One Utility Representative term ending 12/31 /2005 • One University Representative term ending 12/31 /2005 — (No applicants received that would qualify for appointment to this position.) • Keith Roberts - One Service Organization term ending 12/31 /2005 Youth Activities Committee The Committee interviewed over 11 students from Woodland Junior High for this committee. While many individuals would be great candidates for this committee, we YQ recommend the appointment of two individuals from Woodland Junior High to fill the one open position for Woodland Junior High and the one open position for West Campus. All other applicants will be forwarded to the Committee so that in the future, the Committee will have individuals to contact and request their assistance for planning and execution of youth activities. The Committee recommends the following candidates for W appointment : • Shay Hopper — One Teacher term ending 11 /30/2005 b► �R/ • Haley Bradford — Student term ending l 1 /30/2004 - Woodland Junior High Michael Brown — Student term ending 11 /30/2004 - Woodland Junior High f^''��p�' • John Green - One Citizen At-Large term ending 11 /30/2005 Nominating Committee Meeting adjourned at 8 :00 pm. • • City Council Minutes October 21 . 2003 Page I of 15 Minutes Of The City Council Meeting / % //%3 October 21 , 2003 A meeting of the Fayetteville City Council was held on October 21 , 2003 at 6:00 p.m . in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. n PRESENT: Alderman Reynolds, Thiel, Cook, Marr, Rhoads, Davis, Lucas, .lordan, Mayor Coody, City Attorney Kit Williams, City Clerk Sondra Smith,,St\f, Press, and Audience Mayor Coodv acknowledged Louise Schaper as receiving the 2003`21 " .Century Librarian award. �. CONSENT: Approval Of The Minutes: Approval of the September 2, 2003 meeting minutes. Narendra Krushiker Change Order 0 1\Hampton Inn : A resolution approving Change Order # I to the cost-share agreement with Narendra Krushiker in the amount of S8,458 . 10 to install approximately 650 feet of 8-inch water main north fr6m Sixth Street. Resolution 154-03 As Recorded In The Office Of The City Clerk. Crossland Heavy Contactors, Inc. Accelerated- Water Line Replacement Projects: A resolution approving Change Order # 1 to the contract with Crossland Heavy Contractors, Inc. in the amount of seventy. thousand three hundred seventeen dollars and seventy cents (570,317. 70) to add the: Cocust� Ave`nue Waterline Replacement to the accelerated waterline replacement project< Resoluti it 155-03 As Recoi d lit The Office Of The City Clerk. 11 � ADM 03-24.00 %N-raster Street Plan Amendment, Technology Blvd. : A resolution amending the Master Stree\�lan to/remove the portion of Technology Boulevard shown crossing the proposed springwoodstCommercial-Planned "Zoning District. Resolution 156-03 As Recorded In The Office Of The City Clerk. ADM 03-25.00 Master Street Plan Amendment, Truckers Drive: A resolution amending the Master Street Plan to remove the portion of Truckers Drive shown crossing the proposed springwoods Commercial-Planned Zoning District. Resolution 157-03 As Recorded lit The Office Of The City Clerk. • City Council Minutes October 21 , 2003 Page 2 of 15 AEP/Swepco Reimbursement of Burial of Utilities: A resolution approving reimbursement in the amount of 5101 ,806.00 to AEP/Swepco for burial of utilities along a portion of West Avenue near the New Fayetteville Public library. Resolution 158-03 As Recorded In The Office Of The City Clerk. Crossland Construction Company Contract Adjustments New Fayetteville Public Library: A resolution approving Change Order # 10 to the contract with Crossland Construction Company, Inc. in the amount of $206,701 .00 to install low voltage equipment at the New Fayetteville Public Library. Resolution 159-03 As Recorded In The Office Of The Ciry, Clerk/\_ Alderman Jordan moved to approve the consent agenda asread. Alderman Marr seconded. Upon roll call the motion passed unanimously. OLD BUSINESS: Amend Chapter 51 . 136 Monthly Water Rates: An ordinance amending Chapter 51 , Water and Sewers, of the Code of Faycttevill'e, to change nomenclature; and adjust water and sewer rates consistent with the recommendations ofb_the Black & Veatch Rate Study. This Ordinance It was left on the second reading at the October 7, 2003 City Council meeting. S Alderman Cook moved to table this ordinanceAunthl i e;$, ,Svember 18, 2003 City Council meeting. Alderman Jordan seconded. `Upon roll call the motion to table passed unanimously. 2003 Millage Levy: An ordinance levying a tax don the real and personal property within the City of Fayetteville, Arkansas, for the year 2003 fixing the rate thereof at 0.4 mils for the Firemen' s Pension and Relief Fund, 0.4 mils for the Policemen 's Pension and Relief Fund, 1 .0 mil for the Fayetteville City library; and 1 .0 mil for General Purposes and Operations of the City; and certifying the same to the County Clerk of Washington County, Arkansas This Ordinance was left on the first reading at the October 7, 1003 City Council meeting. Mayor Coody asked that this, be deferred until November 12, 2003 and that a Special City Council meeting be held on that date so that the staff and the City Council can have further budget deliberations and come back with a more solid figure. Alderman Jordan moved to table this ordinance until the November 12, 2003 Special City Council meeting. Alderman Cook seconded. Upon roll call the motion to table passed unanimously. • City Council Minute. October 2 1 . 2003 Pagc 3 of 15 NEW BUSINESS : (louses Development Company, I.I ,C: An appeal of Large Scale Development proposal LSD02 .29. 10. Tim Conklin, Planning: Mr. House is appealing the Planning Commission' s decision to require that Center Street be extended. His appeal is about whether or not he has to construct Center Street from Olive to Walnut. We originally thought there was 30 feet of right of way but it is our opinion that only 15 feet of right of way exists between Olive and Walnut Street. This is a change that the city staff and the developer were unaware of. Mr. House would have to acquire additional right of way to allow the street connection to occur. If,the'City Council does not approve a cost share for this street improvement the developer would be required to construct the street. The property owners would have to sell right of way to allow, the street connection to occur if that doesn't happen then the City Council would have to go forward and make a decision whether or not to condemn property to provide additional access in this 'area\and make the street connection. The city could also participate in a cost share to help build that street. The preliminary estimates were around $ 100,000 for the project cost. /'IN Tim Conklin explained the casements, right of way \ d ' %current ownership of property in ssn the area of the proposed project. There was also discussion on how this would affect current property owners. Mr. Conklin said allowing this developmentwithout requiring additional street construction and connections would limit future development within this arca. Alderman Thiel : Was there a reduction on the improvements that were originally required on Olive? Tim Conklin : Yes, staff did recommend a trade off with Mr. House, instead of developing Olive Street to a residential streeC standard; we recommended that it be improved to at least 20 feet and in exchange to building the•slrcet connecting Olive to Walnut, building a 20 foot street in that section and not a standard.city-street The standard city street would only occur in front of his development which would'alldw some on street parking. Alderman Thiel: If we approveLis appeal is there any way to go back and acquire the things that were required before this trade off was made? Tim Conklin: Yes. Alderman Marr. We are asking a property owner to acquire right of way for off site improvements that do not adjoin his property, can we legally do that? Kit Williams : There is some question about whether we legally can require that, constitutionality we can if we can prove the rational nexus in rough portionally of our demands. There is some question as to whether we can require him to go beyond his property limits to build infrastructure for the city. Alderman Rhoads : The $ 100,000, did that include the purchase of right of way? • • City Council Minutes October 21 , 2003 Page 4 of 15 Tim Conklin : That did not include the purchase of right of way. A ball park figure for right of way would be around $2.30 per foot. The $ 100,000 is what the developer came up with; I have not had a chance to verify that. Greg House: Mr. Conklin told us that improving Center Street to Walnut would be necessary for his support of our large scale development. We informed him that the project would not be economically feasible if we were required to do that so we would consider a smaller project that was less than an acre so that we would not have to go through large scale development. Mr. Conklin after some thought said if we would bring our project to large scale development he would back off of his request to improve Center Street and we would work to find an altemative means of ingress and regress by improving Olive. We went to large scale and then Mr. Conklin changed his mind; we objected but agreed we would go along provided that our company would not be forced to carry the whole burden of paying for these off site improvements. We would be improving traffic flow for developable property that is unimproved in the surrounding area that had nothing to do with our project. Mr. Conklin proposed that the city might be responsible for a certain portion of these improvements because they didri' t c mpletely benefit our property. We submitted our rational nexus cost sharing proposal as a means of trying to move this project forward. Our concern was provided the Planning Commission agreed and we were approved and we came before the City Council, we might not be approve/for�the cost share or if we were approved the city might not have funds immediately andNthen our project would be stalled until the city had funds. We felt the Planning Commission should look at this either or, if we get the cost share approved we go down Center Street, if not let us go out Olive and improve Olive to residential street standards. We submitted an altemative as to connecting with Center Street and that is by going out Olive, by improving Olive as a residential street. This is supported by an independent traffic engineer study that shows there is more than enough capacity on Olive to meet the demand that our,development and existing homes will place on Olive. Should there be future development there may be a problem, but that is the time that we need to deal with someone buying right ofway or, putting in an extra street. Our development does not over burden the traffic on Olive, if it islimproved to residential street standards. Now that it has been determined that there is not enough right -of--way to improve what use to be Center Street, Planning staff has suggested that we buy tl' -right of way. That is economically unfeasible and from timing prospective, it is not feasible. A discussion continued on the project. Mayor Coody: What is the difference between the existing streets that is there now on Olive versus a residential street what is the difference between the two? Greg House: Most of the street is already 20 feet wide in pavement; there are a few areas that are 18 feet wide which we could bring up to the 20 foot wide pavement portion. A residential street takes 24 feet back to back of curb. By us adding curb and gutter system it will bring it up to residential street standard as far as the street is concerned. We presented an independent study from a traffic engineer supporting the traffic loads. The city has yet to come up with why the engineer is wrong or some alternative study to show that our traffic is too much . Tim Conklin : When we started this process there was a lot of unknowns as we progressed through the process and understood the issues that faced these neighborhoods, staff thought it was more important to try to provide additional access into these areas. • • City Council Minuics October 21 , 2007 Pagc 5 of 15 A discussion followed on this project. Alderman Marr: I think the Planning Commission was very reasonable when looking at this request. The road should handle the number of units proposed. Alderman Marr moved to approve the request for appeal. Alderman Rhoads seconded. Mayor Coody: How do we deal with the storm water run off onto other property? Tim Conklin : They would be required to meet our storm water ordinance and our city street standard ordinance. Alderman Davis : I hate to see Olive Street extended to where it would connect with Center at a future date in this point in time. The land to the south o the arca we do not know what is going to happen there, 1 would hate for someone else to latch onto your extension. I think we have to be careful of the length of the extension. There was a discussion on future development in the Aarea and-tfie length of the extension of Olive Street. There was also a discussion on the drainage issue. Kit Williams: Was your motion simply to eliminate the need for the Center Street right of way construction, but all other conditions as required :by.. the Planning CSVfmission would stand as approved? Alderman Marr: It was that but also to get Olive Street built to the original residential street standard requirements. Kit Williams: I thought there was some discussion at Planning Commission that with the driveways com ' g down into Olive that if they built a sidewalk, that might affect some of the property�er44h s%? Tim In hn : That is correct; there would be some transitional issues with driveways in order to get t sidewalk in, with regard to the sidewalk you would have to redo driveways also in most likely in t ose areas. think the motion needs to state what the recommendation was by Planning Commission for Ole Street if Center Street wasn' t constructed. Alderman Thiel : it Center Street moves within a few feet of Mr. Bryant's home, are we obligated then to buy e entire property, we can ' t just destroy the property for the street and not go ahead and buy the whole property. Kit Williams : If we acquire right of way on the Bryant side, certainly the impact on their property would be part of what we would have to pay. If we are acquiring right of way on the other side so that we are using existing right of way and then buying right of way farther away from their house I am not sure since we don't adjoin their property they would be entitled to the diminution in value to their home because of having a street right next to it. • • City Council Minuics October 21 . 2003 Page 6 of 15 Alderman Marr: Is the primary concern the property owners on Center, or is it the drainage to the west side of Olive. Alderman Thiel : I am not concerned about the drainage so much. My concern is for the Bryant' s and the Center Street condemnation possibly and the people that live on Olive. Kit Williams : If this appeal is turned down we can not put on a developer an impossible condition, only the City Council has the power to condemn property. We can only require a developer to pay that amount off site work, his cost share, we can' t require anything more. Alderman Marr: My motion was to grant the appeal not requi�g Center Street and requiring Olive built to residential street standard and all other conditions of the Planning Commission. Alderman Rhoads: Is this the type of infill that we would be looking for? \ Tim Conklin : You could develop multi-family within these areas, it wouprobably be built a little differently, maybe a little less dense in order to meet some of the standards they are looking at right now. This type of parking design does meet our current regulations. Alderman Jordan : Mr. House would you.consider less density on your property? Greg House: I would consider that if we cou' Id n ake,an agreement this evening and not have to start the process over. I have offered to reduce the bedrooms, to 42 and change the configurations from mostly one bedrooms to two bcdrooms, andzhavc �26� units instead of 39 and keep the parking the same as we have it now. I think % �d,are going to'aggravate the problem on Olive if we have to curb and gutter it on the down hill side:, Tim Conklin : I do not approve development the/Planning Commission does. What he is suggesting does .no[ change what the Planning Co mmission looked at to the point that it would have to go backAo' the Planning Commission. - - Kit Williams : Do youhave enough from what Mr. House has described, that would be the final approvalkin this process. �. \ Tim Conklin : Yes. Alderman Marr: Do y�st111 support curb and gutter on Olive? Tim Conklin : Residential street standard does require curb and gutter. It would require additional work with regards to the driveways. Alderman Lucas : Would it also include storm water control and drainage? Tim Conklin : We would have to address that. It would have to meet our residential street standards because anything less without looking at it in detail, I am not prepared to make that recommendation. • • City Council Slinules October 21 , 2007 Page 7 of 15 Alderman Marr: 1 would like to change my motion to reduce the density to 26 units, 42 bedrooms, eliminate the requirement for Center Street to be built and to have Olive Street evaluated by our City Engineering and Planning staff for the appropriate design that addresses traffic flow and drainage for this development. Alderman Davis seconded. Upon roll call the motion passed 7- 1 . Alderman Lucas, Jordan, Thiel, Cook, Marr, Rhoads and Davis voting yes. Alderman Reynolds voting no. Resolution 160-03 As Recorded In The Office Of The City Clerk. Use Of Skateboards And Skates Upon Sidewalks : An ordinance/to repeal § 74.08 of the Fayetteville Code and enact a replacement § 74.08 to clarify and expand-the prohibition of using skateboards and skates upon sidewalks next to commercial religious, governmental and industrial buildings and most City streets. \ \ Mr. Williams read the ordinance. Larry Olsen, a Fayetteville resident asked the council to reconsider the part of,the•ordinance that would not allow the skater to skate on the sidewalk or along the side of the, road. He also asked the council to consider installing lights at the skate park to allow skating at -night. Rob Sharp a Fayetteville resident: It�is,already illegal for, people to vandalize other people' s property with a skate board or anything else�W,e just need more common courtesy between the skater, property owners and city officials;�Skate boarding and. roller skating should not be discouraged. I am concerned that if we pass this law people are not going to stop skating, they are going to go somewhere where they are not supervised. Streets belong to everyone. I really appreciate the new skate park. The skate park\is great but itis not a substitute for skating on the streets it is just an extension of that. %\\ Brian Casino a resident: Spoke against the ordinance. Alderman/Reynolds: �,We are not trying to discourage skateboarding. 1 am willing to drop section A from the ordinance and leave B, C and D. Kit Williams: The curr\ordinance says no person upon roller skates or riding in or by means of any coaste\toy vehicle or similar devise shall do upon any roadway. That was passed in 1965 . If you repeal this section and repeal Section A of the proposed ordinance you will be making a significantc anger n the law. There was a discussion on Play Streets. Tim Conklin : Our traffic superintendent said his authority to designate play streets was removed from his duties several years ago, because there are no play streets in Fayetteville. Kit Williams: I would recommend that play street be deleted then . Alderman Marr: 1 understood that it would be a significant policy change if we struck section A. I would support elimating Section A from this. • City Council Minutcs October 21 , 2003 Pagc 8 of 15 Alderman Reynolds moved to remove section A from the proposed ordinance. Alderman Thiel seconded. Upon roll call the motion to remove section A from the ordinance passed unanimously. Alderman Cook moved to suspend the rules and go to the second reading. Alderman Reynolds seconded. Upon roll call the motion passed unanimously, Mr. Williams read the ordinance. This ordinance was left on the second reading. Skyler Place Subdivision Cost Share: An ordinance waiving the requirements of formal competitive bidding and approving a cost-share agreement ��i.th 4P. Construction Inc. in the amount of $ 18, 900.00 to construct approximately 370 feet o'f(8" water main associated with the Skyler Place Subdivision. ` Mr. Williams read the ordinance. Alderman Davis moved to suspend the rules and go to the second reading. Alderman Jordan seconded. Upon roll call the motion passed unanimously, Mr. Williams read the ordinance. Alderman Jordan moved to suspend the rules and go to the third and final reading. Alderman Davis seconded. Upon roll call the motion passed unanimously. Mr. Willianns read th ordinance. Ordinance 4522 As ed I OJice Of e City Clerk. C-PZD 03-8.00 Planned lomam District W(springwoods — Collins Haynes) : An ordinance establishing a Commercial Planned oning District titled springwoods (C-PZD 03-8.00) located South of Highway 112 and West o 1�W containing 289.28 acres, more or less; amending the Official Zoning Map of the City ofFycttcvillc; and according to the Associated Commercial Development Project as approved by the Planning Commission. Mr. Williams read the ordinance. Tim Conklin gave a brief summary of the request, the proposed land uses, the density and acreage of each lot. Alderman "Thiel : Section 3 of this ordinance states this ordinance will not take effect and be in full force until the approval of the final plat of the subdivision. Alderman Cook: We will not see this again at council. I always felt like the spirit of the PZD was to bring the entire review process through at once. 1 understand this section 3 that Brenda mentioned somewhat satisfies that to some degree, but we don ' t see that again . • • City Council Minuics Wober 21 , 2003 Page 9 of 15 Tim Conklin : That is correct. A final plat will be required to be filed. Alderman Thiel: Permits have to be applied for from the state and Mr. Haynes cannot apply for those permits until he has ownership of the property. He really can not proceed with his final development until all that permitting process has been gone through. Kit Williams : We have a final contract, you are probably asking when he has to pay the money and that would be when he gets final approval on his developmental process. Collins Haynes : Our goal is to get approval of the PZD and to finalize the sale contract with the City of Fayetteville. It is a problematic situation for any developer or potential developer not to be the land owner of record of a piece of property and try to get federal, state or local approval of anything for the property. What we are asking for tonight is for you to grant approval of this PZD. That is all I need to consummate from my side the contract for the sale of property from the City of Fayetteville. I need to be owner of record on- this.property to move forward from this point. Alderman Cook : What happens if we pass this.ordin& cc and/ the 404 permit comes back and it potentially changes some of the items? X Collins Haynes : That would be my problem. I am not going4o get a 404 permit until they are satisfied and if it does revise the layout that layout will go back Eo,council and the council will review it. It' s not me to design the 404 an agency will do that for in v Alderman Davis: I think once we approve the PZD he has to go ahead and keep the districts as � -- shown here unless there ar.some changes due to what we just discussed. Alderman Cook: eI, hayq.no qualms with Mr. Haynes, my problem is with the process the city has gone through. I Ihoiight we)wcre going to see the rezoning and the development review come through at once. "rim Conklin explained the reason Aha gheePZD was recommended instead of regular zoning. Collins Haynes : One of the reasonslfor doing this PZD was for me to determine the economic utility of the site and the ecological utility of the site; they have to be in balance. 1 do not want to buy this piece of property unless I know that it has some economic end result that I will at least get my money back. The PZD was the most reasonable vehicle for me to do that and to determine what I was going to donate to a non-profit, which was part of the contract that stands right now as 43% of the site. Manual Barnes with EGIS Environmental explained the project, the wetlands, the ecological enhancements and what 43% of the land will be used for. He also stated that for Mr. Haynes to move forward he does need to own the property so the 404 permit can be completed in the name of this project. • • City Council Minutes Ociotxr 21 , 2003 Page 10 of 15 Collins Haynes: This project means a lot to me it is a chance to do something that is totally out of the norm, to work on giving away as much property as possible at the inception of a project is definitely not where we normally start. We can still see an economic return and have a model project here. To develop the property and keep the ecological balance in tact and even improve it is a once in a life time opportunity. Thank you for allowing me this opportunity. Mayor Coody : Thank you Mr. Haynes because 1 do not know of any other developers that would put this kind of effort into doing such a balanced program between environmental preservation, commercial development and residential development. This is a rare case when someone is willing to pay full price for a piece of land like this and then give so much of it away. Alderman Thiel moved to suspend the rules and go to the second reading. Alderman Davis seconded. Upon roll call the motion passed 6-2. Alderman Lucas, Reynolds, Thiel, Marr, Rhoads and Davis voting yes. Alderman Jordan and Cook voting no. Mr. Williams read the ordinance. J Alderman Davis : There is only about 57 to %acre that is commercial and about 60 acres that is residential . \\� Alderman Marr: I understand why we are phasing it, Section 3,,makes me feel comfortable but 1 feel impelled to say two things. On October 14, 2003 at the Planning Commission our Planning staff explained the PZD process as used to bring zoning and development review process together. I thought that Alderman Cook 's explanation of/a visual process was a great explanation of how I understood it to be when we brought forward and I realize that it doesn' t make sense to do that. The.reason i want this in the minutes we have this great ability to throw up a project that we dealt with differently for the next person that conics along and says well you did it for this so you need •to do i6for that. I can 't speak for the rest of you, but I would like for there to be a sub-committee or someone look at how we deal with large units that requires you to do more phasing._The thing that came lb-my-mind was St. Joseph' s, if we had brought St Joseph 's through-this ' rocessand\done it this-way without having the visual review of it I can tell you /that it woul&not have worked . There is a size that we need to stay committed to the spirit-of the PZD processxI want to\make'it clear to people that go back and read minutes about what happened to this, It is the\intent of what the PZD was that 1 think we need to maintain and I agree that\wc have identified a problem in our current ordinance about how to deal with extremely largeTieces of land but that doesn' t waive what our original spirit was. Mayor Coody: \\It does -id//entify a problem. It was a catch 22, a developer could not spend millions of dollars in engineering on a piece of land that he didn ' t own and had no guarantee of owning. We had to find some middle ground. Alderman Marr: I am not being critical of the route chosen, what 1 am saying is, 1 don' t think it needs to be used as a future model of the PZD process. It is not what we intended the original PZD to be nor was it how it was presented to us or the Planning Commission. Alderman Jordan : I agree with what Alderman Marr is saying. I think the planning Commission does a really good job.