HomeMy WebLinkAbout2004-04-20 - Agendas - Final • Final Agenda •
City Council Meeting
April 20, 2004
A meeting of the Fayetteville City Council will be held on April 20, 2004 at 6:00 p.m. in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Municipal Clerks Week Proclamation
THIS ITEM WILL BE READ AT THE MAY 49 2004 MEETING.
Nominating Committee Report: Dusti Miller — Fayetteville Housing Authority Appointment.
CITY COUNCIL APPROVED THE APPOINTMENT OF DUSTI MILLER.
A. CONSENT:
1 . Approval Of The Minutes: Approval of the February 20, 2001 , May 15, 2001 and
April 6, 2004 meeting minutes.
APPROVED.
2. Multi-Craft Contractors-Emergency Generator for City Administration
Building: A resolution approving amendment No. 3 to the contract with Multi-Craft
Contractors for the purchase and installation of an emergency generator at the City
Administration Building in the amount of $41 ,903 .00; and approving a contingency
in the amount of $2,095 .00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 55-04,
3. 2004/2005 Drug Enforcement Grant: A resolution to accept the 2004/2005 Drug
Enforcement Grant in the amount of $305,095 .00 with a commitment to match it with
$75,929.00 in city funds.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 56-04.
4. Crossland Construction Company Library CO #14: A resolution approving
Change Order # 14 to the contract with Crossland Construction Company, Inc. in the
amount of $78,454.00 to install landscape irrigation, engineered soil and mulch and
low voltage conduit at the New Fayetteville Public Library.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 57-04.
5. Henard Utility Products-Compost Grinder: A resolution approving the purchase
of a Bandit 3680 "Beast' Compost Grinder by the Solid Waste & Recycling Division
from Henard Utility Products in the amount of $239,068.75.
PASSED AND4HALL BE RECORDED AS RESOLPFION NO. 58-04,
6. Landers Ford -Fire Department Vehicle Purchase: A resolution approving the
purchase of a Ford Expedition from Landers Ford at the state contract price of
$25,811 .00 for use by the Fayetteville Fire Department; and approving an additional
expenditure of $2,350.00 to equip the vehicle with lights, siren and console.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 59-04,
7. Ron Blackwell -Water & Sewer Vehicle Purchase: A resolution approving the
purchase of two Ford F550 Trucks for the Water and Sewer Division from Ron
Blackwell Ford for a total price of $79, 133.76.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 60-04,
8. Schwarze Industries Street Sweeper Purchase: A resolution approving the
purchase of a Street Sweeper for the Transportation Division from Schwarze
Industries in the amount of $ 139,376.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 61-04,
9. Basic Construction Top Soil Purchase: A resolution to award a bid to the low
bidder, Basic Construction, Inc. in the amount of $50,000.00 to purchase top soil for
street and sidewalk projects.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 62-04,
10. 2004 FEMA Fire Act Grant: A resolution to approve a grant request for a FEMA
Fire Act Grant and Agreement to match any received grant funds in an amount equal
to 30% of the total budget.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 63-04.
11 . Gregory Park Land-Convey to U.S. Army Reserve Center: A resolution
approving the acceptance of a Quitclaim Deed for approximately 19.38 acres of land
from the United States Department of the Army in exchange for conveying a
Warranty Deed for approximately 0.412 acres of land to clear title and resolve an
encroachment; and authorizing the Mayor and City Clerk to execute any and all
documents required therefore.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 64-04,
B. OLD BUSINESS:
1 . Central Emergency Medical Services, Inc.: A resolution approving the renewal of
the contract for services in the amount of $ 156,000.00 between the City of
Fayetteville and Central Emergency Medical Services, Inc. to operate and maintain an
emergency ambulance service to serve the residents of Fayetteville.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 65-04
2. ANX 03-S.O•Dunnerstock Development): An ordinance confirming the
annexation to the City of Fayetteville, Arkansas of certain property owned by
Dunnerstock Development, Inc. located on Rupple Road north of Wedington Drive
containing approximately 17. 19 acres.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4555,
3. RZN 03-33.00 (Dunnerstock): An ordinance rezoning that property described in
rezoning petition RZN 03-33 .00 as submitted by James McCord on behalf of
Dunnerstock Development, Inc. for property located on Rupple Road north of
Wedington Drive from R-A, Residential Agricultural to RSF-4, Residential Single
Family, four units per acre.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4556,
4. ANX 03-06.00 (Hoskins/Schlegel): An ordinance confirming the annexation to the
City of Fayetteville, Arkansas of certain property located north of the proposed
Crystal Springs Phase III Subdivision, west of Deane Solomon Road and south of
Salem Road containing approximately 72.50 acres.
TABLED UNTIL MAY 4, 2004 MEETING.
5. RZN 03-34.00 (Hoskins/Schlegel): A ordinance rezoning that property described
in rezoning petition RZN 03-34.00 as submitted by Milholland Company on behalf of
Tracy Hoskins for property located north of the proposed Crystal Springs Phase III
Subdivision, west of Deane Solomon Road and south of Salem Road containing
approximately 72.50 acres from R-A, Residential Agricultural to RSF4, Residential
Single Family, four units per acre.
THIS ITEM WAS LEFT ON THE SECOND READING.
6. RZN 04-2.00 (Chance & Tuggle): An ordinance rezoning that property described in
rezoning petition RZN 04-02.00 as submitted by Geoff Bates of Keystone
Consultants on behalf of David Chance and John Tuggle for property located at West
Tackett and Genevieve Avenue containing approximately 7.94 acres from R-A,
Residential Agricultural to RSF4, Residential Single Family, four units per acre.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4557,
C. NEW BUSINESS:
1 . Northwest Arkansas Regional Planning Commission Storm Water Education
Contract: An ordinance to waive competitive bidding and to approve a five year
contract for $239,000.00 with the Northwest Arkansas Regional Planning
Commission for services by the University of Arkansas Cooperative Extension
Service to satisfy portions of the requirements of the NPDES Phase II Stormwater
Permit.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4558,
2. R-PZD 044.0*esidential Planned Zoning DistrictIptonewood Gardens): An
ordinance establishing a Residential Planned Zoning District titled R-PZD 044.00
located south of Albright Road and north of the Stonewood Subdivision containing
3 .36 acres more or less; amending the official Zoning Map of the City of Fayetteville;
and adopting the Associated Residential Development Plan as approved by the
Planning Commission.
THIS ITEM WAS LEFT ON THE SECOND READING.
3. VAC 04-3.00: Vacation (Sohraby): An ordinance approving VAC 04-3 .00 to
vacate and abandon a portion of an existing utility easement to allow for the eave of
an existing home at 2474 Fennchurch Way in the Covington Park Phase 1 Subdivision
as described on the attached map and legal description.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4559,
4. VAC 04-8.00: Vacation (CMN II, Phase 11): An ordinance approving VAC 04-
8.00 to vacate and abandon a 20' utility casement located along the boundary of lots
17E and 17F of the CMN Business Park 11, Phase II as depicted on the attached legal
description.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4560,
5. Library Project Contingency Increase: A resolution to increase the project
contingency for the Fayetteville Public Library construction by $999,691 .00 from
settlement and budgeted items.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 66-04,
6. Sewer Committee: An ordinance to enact a new section of the Fayetteville Code,
§33. 112 Sewer Committee.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4561,
D. INFORMATIONAL:
MEETING ADJOURNED AT 8:25 P.M.
Fayetteville City Council Meetin*April 20, 2004 rr
Js
Subject:
Motion To:
Motion By:
Seconded :
Rhoads
Davis
Lucas
Jordan
Reynolds
Thiel
Cook
Marr
Mayor Coody
Subject:
Motion To:
Motion By: U r I
Seconded: �U $i � i � 1 (�, Ows(
Rhoad
Davis r/
Lucas
Jordan
Reynolds V/ r/
Thiel
Cook t/
Marr c/
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Subject: �M
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Marr
6 q , C) 14 Mayor Coody
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Seconded:
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O� tOA Jordan r/
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Thiel t/ ✓
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Cook
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Fayetteville City Council Meeetin*April 20, 2004 •
Subject: /V /� O3 — S • dd Dun CA-
Motion To: n l
Motion By: �(�/�/
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Seconded: PCZZ4-21 Al J4
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D� a Lucas ,/ ✓ t/
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Reynolds ✓ ,/ ✓
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1/ Cook ,/ ✓ /1�
Marr ✓ ✓
Mayor Coody
Subject: Z Al 03 — 5 3 , o o
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Motion By:
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Thiel ✓ / ✓
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�5 J Mayor Coody '�
Fayetteville City Council Meetinif April 20, 2004 •
Subject: Am LfeiAs seA �
Motion To: n �J
Motion By:
Seconded: i
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Rhoads t/ 40
Davis ✓
�U Lucas ✓ �/ ✓
Jordan ✓ �/ ✓
i "'44 Reynolds i/ ,/ ✓
Thiel ✓ ,j ✓
Cook ✓ ✓ ✓
Marr t/ ✓ r✓
W r
Mayor Coody
Subject: . 00 /FDS nS 1 G
Motion To:
Motion By: aV -
Seconded:
RRhoads
Davis
Lucas
Jordan ✓
Reynolds ✓
Thiel
?41 Cook �✓
Marr .�
p Mayor Coody
A •Q
Fayetteville City Council Meeting April 20, 2004 •
Subject. N — u 149 0 Q Lc
Motion To: � ,/�.C/
Motion By: S
Seconded:
Rhoads
B , • Davis ✓ ✓
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&"Auv� Jordan ✓
Reynolds ✓
Thiel J ✓ Loe�
Cook ✓ ,/
Marr t/
P Mayor Coody
Mayor
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Subject: N u,) ��/ k 1 M o ) Cl n t1 i 06 hMA.v!-dew
Motion To:
Motion By:
Seconded:
Rhoads ✓ �/
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IJ.A�j Lucas ,/ ✓
/V Jordan / ✓ ✓
Q Reynolds ,/ ✓ �✓
Thiel f ✓ ✓
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Marr ✓ ✓ t✓
Mayor Coody
Fayetteville City Council MectinisApril 20, 2004 • nn -- n
Subject: Z Q � — V / u2i Gf!tw{. �QyriR a
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Motion To: n d J v U Cllr
Motion By:
Seconded :
2 Rhoads
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Lucas ✓
Jordan ✓
Reynolds ✓
fV�
Thiel f
Cook ✓
IIJw`a Marr ✓
Mayor Coody
Subject: l/ 3 U 0 so
Motion To: A_ /J
Motion By:
Seconded:
Rhoads ✓ i✓ ✓
Davis i ,� ✓
Lucas ✓ �✓ ✓
16 A „k,tAJ Jordan ✓ t✓
Reynolds ✓ ✓ �/
hiel
YG Cook t/
41
Marr � ✓ ✓
Mayor Coody -�
Fayetteville City Council Meetinks April 20, 2004 •
Subject :
Motion To:
Motion By: -tVA d a+k.,
Seconded:
6840 Rhoads �/ ✓ i✓
Davis
AWLucas ✓ ,/
�Q Jordan ,/ ✓
Reynolds
'l Thiel
[ Ai Cook ✓ ✓
�' I AA� i arr �/ ✓
/ O Mayor Coody
Subject: �/16A
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Motion To: A ^ vim
Motion By: d a�
Seconded:
<� Rhoads
4;r
0 Davis �
Lucas
Jordan
Reynolds
Thiel ✓
Cook ✓
Marr ✓
Mayor Coody
Fayetteville City Council Meetinis April 20, 2004 ,
Subject: 0
Motion To:
Motion By:
Seconded: Iva
Rhoads ✓ ✓ ✓
U Davis ✓ ✓ ✓
Lucas ✓ ✓ ,/
Jordan ✓ ✓ i/
Reynolds ✓ �✓
Thiel ✓ ✓ ✓
Cook ✓ ;� ✓
Marr �� ,✓ r/
i
Mayor Coody �
Subject :
Motion To:
Motion By:
Seconded:
Rhoads
Davis
Lucas
Jordan
Reynolds
Thiel
Cook
Marr
Mayor Coody
Final Agenda
City Council Meeting
April 20, 2004
A meeting of the Fayetteville City Council will be held on April 20, 2004 at 6:00 p.m. in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Municipal Clerks Week Proclamation
Nominating Committee Report: Dusti Miller - Fayetteville Housing Authority Appointment.
A. CONSENT:
I . Approval Of The Minutes : Approval of the February 20, 2001 , May 15 , 2001 and
April 6, 2004 meeting minutes.
2. Multi-Craft Contractors-Emergency Generator for City Administration
Building: A resolution approving amendment No. 3 to the contract with Multi-Craft
Contractors for the purchase and installation of an emergency generator at the City
Administration Building in the amount of $41 ,903 .00; and approving a contingency
in the amount of $2,095 .00.
3. 2004/2005 Drug Enforcement Grant : A resolution to accept the 2004/2005 Drug
Enforcement Grant in the amount of $305,095 .00 with a commitment to match it with
$ 75,929.00 in city funds.
4. Crossland Construction Company Library CO # 14: A resolution approving
Change Order 1114 to the contract with Crossland Construction Company, Inc. in the
amount of' $78,454.00 to install landscape irrigation, engineered soil and mulch and
low voltage conduit at the New Fayetteville Public Library.
5. Ilenard Utility Products-Compost Grinder: A resolution approving the purchase
of a Bandit 3680 "Beast' Compost Grinder by the Solid Waste & Recycling Division
from Henard Utility Products in the amount of $239.068.75 .
6. Landers Ford -Fire Department Vehicle Purchase: A resolution approving the
purchase of a Ford Expedition trom Landers Ford at the state contract price of
$25,811 .00 for use by the Fayetteville Fire Department ; and approving an additional
expenditure of $2,350.00 to equip the vehicle with lights, siren and console.
7. Ron Blackwell -Water & Sewer Vehicle Purchase: A resolution approving the
purchase of two Ford F550 Trucks for the Water and Sewer Division from Ron
Blackwell Ford for a total price of 579, 133 . 76.
8. Schwarre Industries Street Sweeper Purchase: A resolution approving the
purchase of a Street Sweeper for the Transportation Division from Schwarre
Industries in the amount of $ 139.376.00.
rAft
9. Basic Construction Top Soil Purchase: A resolution to award a bid to the low
bidder, Basic Construction, Inc. in the amount of $50,000.00 to purchase top soil for
street and sidewalk projects.
10. 2004 FEMA Fire Act Grant: A resolution to approve a grant request for a FEMA
Fire Act Grant and Agreement to match any received grant funds in an amount equal
to 30% of the total budget.
11 . Gregory Park Land-Convey to U.S. Army Reserve Center: A resolution
approving the acceptance of a Quitclaim Deed for approximately 19.38 acres of land
from the United States Department of the Army in exchange for conveying a
Warranty Deed for approximately 0.412 acres of land to clear title and resolve an
encroachment; and authorizing the Mayor and City Clerk to execute any and all
documents required therefore.
B. OLD BUSINESS :
1 . ' Central Emergency Medical Services, Inc. : A resolution approving the renewal of
the contract for services in the amount of $ 156,000.00 between the City of
Fayetteville and Central Emergency Medical Services, Inc. to operate and maintain an
emergency ambulance service to serve the residents of Fayetteville.
2. ANX 03-5.00 (Dunnerstock Development): An ordinance confirming the
annexation to the City of Fayetteville, Arkansas of certain property owned by
Dunnerstock Development, Inc. located on Rupple Road north of Wedington Drive
containing approximately 17. 19 acres.
3. RZN 03-33.00 (Dunnerstock): An ordinance rezoning that property described in
rezoning petition RZN 03-33 .00 as submitted by James McCord on behalf of
Dunnerstock Development, Inc. for property located on Rupple Road north of
Wedington Drive from R-A, Residential Agricultural to RSF-4, Residential Single
Family, four units per acre.
4. ANX 03-06.00 (Hoskins/Schlegel): An ordinance confirming the annexation to the
City of Fayetteville, Arkansas of certain property located north of the proposed
Crystal Springs Phase III Subdivision, west of Deane Solomon Road and south of
Salem Road containing approximately 72.50 acres.
5. RZN 03-34.00 (Hoskins/Schlegel): An ordinance rezoning that property described
in rezoning petition RZN 03-34.00 as submitted by Milholland Company on behalf of
Tracy Hoskins for property located north of the proposed Crystal Springs Phase III
Subdivision, west of Deane Solomon Road and south of Salem Road containing
approximately 72.50 acres from R-A, Residential Agricultural to RSF-4, Residential
Single Family, four units per acre.
6. RZN 04-2.00 (Chance & Tuggle): An ordinance rezoning that property described in
rezoning petition RZN 04-02.00 as submitted by Geoff Bates of Keystone
Consultants on behalf of David Chance and John Tuggle for property located at West
Tackett and Genevieve Avenue containing approximately 7.94 acres from R-A,
Residential Agricultural to RSF-4, Residential Single Family, four units per acre.
•
C. NEW BUSINESS :
1 . Northwest Arkansas Regional Planning Commission Storm Water Education
Contract : An ordinance to waive competitive bidding and to approve a five year
contract for S239,000.00 with the Northwest Arkansas Regional Planning
Commission for services by the University of Arkansas Cooperative Extension
Service to satisfy portions of the requirements of' the NPDES Phase II Stormwater
Permit.
2. R-PZD 04-4.00: Residential Planned "Zoning District (Stonewood Gardens): An
ordinance establishing a Residential Planned Zoning District titled R- PZD 04-4.00
located south of Albright Road and north of the Stonewood Subdivision containing
3 .36 acres more or less; amending the official Zoning Map of the City of Fayetteville;
and adopting the Associated Residential Development Plan as approved by the
Planning Commission.
3. VAC 04-3.00: Vacation (Sohraby) : An ordinance approving VAC 04-3 .00 to
vacate and abandon a portion of an existing utility easement to allow for the cave of
an existing home at 2474 Fennchurch Way in the Covington Park Phase 1 Subdivision
as described on the attached map and legal description .
4. VAC 04-8.00 : Vacation (CHIN 11, Phase 11): An ordinance approving
VAC 04-8 .00 to vacate and abandon a 20` utility easement located along the
boundary of lots 17F. and 17F of the CMN Business Park 11 , Phase 11 as depicted on
the attached legal description.
5. Library Project Contingency Increase: A resolution to increase the project
contingency for the Fayetteville Public Library construction by $999,691 .00 from
settlement and budgeted items.
6. Sewer Committee: An ordinance to enact a new section of the Fayetteville Code,
§33. 112 Sewer Committee.
D. INFORMATIONAL:
Final Agenda
City Council Meeting
April 20, 2004
A meeting of the Fayetteville City Council will be held on April 20, 2004 at 6:00 p.m. in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Municipal Clerks Week Proclamation
Nominating Committee Report : Dusli Miller - Fayetteville dousing Authority Appointment.
A. CONSENT:
1 . Approval Of The Minutes: Approval of the February 20, 2001 , May 15, 2001 and
April 6, 2004 meeting minutes.
2. Multi-Craft Contractors-Emergency Generator for City Administration
Building: A resolution approving amendment No. 3 to the contract with Multi-Craft
Contractors for the purchase and installation of an emergency generator at the City
Administration Building in the amount of $41 ,903.00; and approving a contingency
in the amount of $2,095.00.
3. 2004/2005 Drug Enforcement Grant: A resolution to accept the 2004/2005 Drug
Enforcement Grant in the amount of $305,095.00 with a commitment to match it with
$75,929.00 in city funds.
4. Crossland Construction Company Library CO #14: A resolution approving
Change Order # 14 to the contract with Crossland Construction Company, Inc. in the
amount of $78,454.00 to install landscape irrigation, engineered soil and mulch and
low voltage condtiit at the New Fayetteville Public Library.
5. llenard Utility Products-Compost Grinder: A resolution approving the purchase
of a Bandit 3680 "Beast" Compost Grinder by the Solid Waste & Recycling Division
from Henard Utility Products in the amount of $239,068.75.
6. Landers Ford -Fire Department Vehicle Purchase: A resolution approving the
purchase of a Ford Expedition from Landers Ford at the state contract price of
$25,811 .00 for use by the Fayetteville Fire Department; and approving an additional
expenditure of$2,350.00 to equip the vehicle with lights, siren and console.
7. Ron Blackwell -Water & Sewer Vehicle Purchase: A resolution approving the
purchase of two Ford F550 Trucks for the Water and Sewer Division from Ron
Blackwell Ford for a total price of $79, 133.76.
8. Schwarce Industries Street Sweeper Purchase: A resolution approving the
purchase of a Street Sweeper for the Transportation Division from Schwarze
Industries in the amount of $ 139,376.00.
9. Basic Construction Top Soil Purchase: A resolution to award a bid to the low
bidder, Basic Construction, Inc. in the amount of $507000.00 to purchase top soil for
street and sidewalk projects.
10. 2004 FEMA Fire Act Grant: A resolution to approve a grant request for a FEMA
Fire Act Grant and Agreement to match any received grant funds in an amount equal
to 30% of the total budget.
] ] . Gregory Park Land-Convey to U.S. Army Reserve Center: A resolution
approving the acceptance of a Quitclaim Deed for approximately 19.38 acres of land
from the United States Department of the Army in exchange for conveying a
Warranty Deed for approximately 0.412 acres of land to clear title and resolve an
encroachment; and authorizing the Mayor and City Clerk to execute any and all
documents required therefore.
B. OLD BUSINESS:
1 . Central Emergency Medical Services, Inc.: A resolution approving the renewal of
the contract for services in the amount of $ 156,000.00 between the City of
Fayetteville and Central Emergency Medical Services, Inc. to operate and maintain an
emergency ambulance service to serve the residents of Fayetteville.
2. ANX 03-5.00 (Dunnerstock Development): An ordinance confirming the
annexation to the City of Fayetteville, Arkansas of certain property owned by
Dunnerstock Development, Inc. located on Rupple Road north of Wedington Drive
containing approximately 17.19 acres.
3. RZN 03-33.00 (Dunnerstock): An ordinance rezoning that property described in
rezoning petition RZN 03-33.00 as submitted by James McCord on behalf of
Dunnerstock Development, Inc. for property located on Rupple Road north of
Wedington Drive from R-A, Residential Agricultural to RSF-4, Residential Single
Family, four units per acre.
4. ANX 03-06.00 (Hoskins/Schlegel): An ordinance confirming the annexation to the
City of Fayetteville, Arkansas of certain property located north of the proposed
Crystal Springs Phase III Subdivision, west of Deane Solomon Road and south of
Salem Road containing approximately 72.50 acres.
5. RZN 03-34.00 (Hoskins/Schlegel): An ordinance rezoning that property described
in rezoning petition RZN 03-34.00 as submitted by Milholland Company on behalf of
Tracy Hoskins for property located north of the proposed Crystal Springs Phase III
Subdivision, west of Deane Solomon Road and south of Salem Road containing
approximately 72.50 acres from R-A, Residential Agricultural to RSF-4, Residential
Single Family, four units per acre.
6. RZN 042.00 (Chance & Tuggle): An ordinance rezoning that property described in
rezoning petition RZN 04-02.00 as submitted by Geoff Bates of Keystone
Consultants on behalf of David Chance and John Tuggle for property located at West
Tackett and Genevieve Avenue containing approximately 7.94 acres from R-A,
.Residential Agricultural to RSF-4, Residential Single Family, four units per acre.
C. NEW BUSINESS:
1 . Northwest Arkansas Regional Planning Commission Storm Water Education
Contract: An ordinance to waive competitive bidding and to approve a five year
contract for $239,000.00 with the Northwest Arkansas Regional Planning
Commission for services by the University of Arkansas Cooperative Extension
Service to satisfy portions of the requirements of the NPDES Phase 11 Stormwater
Permit.
2. R-PZD 044.00: Residential Planned Toning District (Stonewood Gardens): An
ordinance establishing a Residential Planned Zoning District titled R-PZD 04-4.00
located South of Albright Road and north of the Stonewood Subdivision containing
3.36 acres more or less; amending the official Zoning Map of the City of Fayetteville;
and adopting the Associated Residential Development Plan as approved by the
Planning Commission.
3. VAC 04-3.00: Vacation (Sohraby): An ordinance approving VAC 04-3.00 to
vacate and abandon a portion of an existing utility easement to allow for the eave of
an existing home at 2474 Fennchurch Way in the Covington Park Phase 1 Subdivision
as described on the attached map and legal description. .
4. VAC 048.00: Vacation (CMN 11, Phase 11): An ordinance approving
VAC 04-8.00 to vacate and abandon a 20' utility easement located along the
boundary of lots 17E and 17F of the CMN Business Park Il, Phase 11 as depicted on
the attached legal description.
5: Library Project Contingency Increase: A resolution to increase the project
contingency for the Fayetteville Public Library construction by $999,691 .00 from
settlement and budgeted items.
6. Sewer Committee: An ordinance to enact a new section of the Fayetteville Code,
§33.112 Sewer Committee.
D. INFORMATIONAL:
State of the City Address
February 2001
It is with great pleasure I present to the citizens of Fayetteville our annual State of the
City address. 1 am going to focus on the big picture of where we are and where we're
headed. I will outline the changes the mayors office has implemented to improve the
daily lives of our citizens and increase effectiveness when we spend the taxpayers
money. I will also talk about the obstacles we must overcome if we are going to expand
our local economy and enhance the quality of life we enjoy.
The changes we have made at City Hall range from simple to complex, some taking
minutes, others taking months to complete. These are some of the improvements we
have initiated.
The Mayors Office
The administration office is now open during the lunch hour, making it more convenient
for citizens to pick up and drop off information and material.
We have developed a citizen complaint system that tracks which departments receive the
complaints and how well the City resolves them.
We've created a Public Affairs Office to handle those complaints, work with City
committees and coordinate their efforts, disseminate information, spearhead special
projects, and act as liaison with other private and public organizations.
We've formed an ad hoc committee to design a first-class City web site to help citizens
do everything from join sports teams to pay water bills and to be more informed about
City business.
We've created a second ad hoc committee that will research what other cities have done
to promote communication between neighborhood organizations, citizen groups, and City
Hall, gather public input, and develop a plan that will meet the needs of Fayetteville's
citizens.
In the near future, I will ask the City Council to approve the development of two standing
committees. A City Beautification Committee would focus on programs to clean up litter
and develop enhancement projects and a Fayetteville Arts Council that would promote a
stronger music, art, literary, and film presence.
We are expanding the physical space of the City Clerk's Office and the Business Office to
accommodate those offices' needs and to better serve the public.
We are building working relationships with the University of Arkansas, the Arkansas
Highway and "Transportation Department, the Arkansas Parks and Tourism Department,
Washington County, and the Fayetteville Public Schools.
By fall, we should see the completion of a turn lane added to Highway 45 to ease traffic
congestion in front of McNair and Vandergriff schools.
We have increased the involvement of Division heads and staff members for the purpose
of better communication and cooperation between departments.
By the first of April, we hope to extend our public transportation system into other areas
of town and reduce per-passenger costs.
We are working with the Police Department and the neighbors of Fiesta Square Shopping
Center to resolve the problems associated with that parking lot on Friday and Saturday
nights.
Parks and Recreation Department
We are restructuring the Parks & Recreation, Public Lands Maintenance, and Sidewalk
and Trails Maintenance division to promote coordination and cooperation and eliminate
duplication of effort and expense and, at the same time, expand our landscaping and
beautification efforts.
We are separating trails and sidewalks into two coordinated areas with emphasis on
increased productivity. This will require the addition of a Trails Designer/Coordinator.
The added cost for this position will be offset by expediting the use of time-sensitive
grant money and doing more trail design work and construction oversight in-house.
Planning Department
We have started requiring tree easements as part of the Tree Preservation Plan for new
subdivisions and large-scale developments.
We are providing zoning maps, the master street plan, and future land use planning
information on the Fayetteville web page " faygis.org".
We have begun notifying neighborhood organizations and citizen groups of all Planning
Commission agendas.
We have developed a bicycle parking rack ordinance to encourage alternative modes of
transportation.
We have begun working with the Ozark Regional Land Trust to show conservation
easements on the Future Land Use Plan and will be cooperating with them on future
easements.
We will create a Tree and Trails Task Force to identify areas for natural resource
preservation and trail opportunities.
We are relocating the Tree and Landscape Administrator to the Planning Division to
provide better review during pre-application conferences, to inform potential developers
of preservation requirements, and coordinate between other City divisions that review
development.
Engineering Department
In order to resolve our biggest problem in the Engineering Department, we have assigned
a second staff engineer and plan to hire one additional staff engineer to help reduce the
enormous backlog in the permitting and plan review process. Costs will be offset by
doing more engineering work in-house after that backlog has been reduced.
We have ended the practice of engineering projects that are not funded, or otherwise not
supported, to expedite the completion of projects that are funded or time sensitive.
To keep up with E.P.A. regulations and to further speed the design review process we
will begin advertising to fill the vacant storm water engineering position.
Research and Technology
We are reexamining our R and T Park status for the purpose of finding the best, most
efficient way to put Fayetteville and the University of Arkansas on the technology map
by capitalizing on our under-recognized potential.
We are beginning to assess the needs of local research and technology companies that
would like to stay in Fayetteville but find our existing support infrastructure inadequate.
You would be surprised at how many there are.
We are introducing the cutting-edge research capabilities of the University to technology
companies, government agencies, and State and Federal officials. This will help us
continue accelerating the momentum that has developed since the City and University
teamed up for our common good.
This is, by no means, a complete list of the changes and improvements we have made in
the first six weeks of this new administration and none of this could have been
accomplished without the help and the insight of the excellent staff we have in City Hall.
After most of these changes have settled in and we begin realizing the fruits of our
efforts, we can set our sights on the next round of improvements that will help
Fayetteville become the city we know it can be.
While there is much to be encouraged and excited about when contemplating our future,
we have to be aware of one serious problem on the horizon: Funding.
All the changes we are implementing are done with the goal of increasing efficiency
while decreasing costs. But there are some factors outside our control, such as
skyrocketing fuel and materials costs, competition for higher salaries, and increased
insurance premiums. Unfortunately, these increased costs are not accompanied by
increased revenue. Our sales tax collection is projected to remain relatively Flat.
Our General Fund Balance stands at about $8 million. A rule of thumb standard suggest
we should keep a Reserve Balance of about $4 to $5 million, or about two months of
operating costs. This year we will dip into our Reserve Balance by about $680,000. This
is projected to increase to about $2.0 million by 2003 . While we may be in good shape
now, this trend cannot continue. This is compounded by the fact we have some
enormously expensive projects in our near future, such as our waste water expansion
expected to cost $90 to $ 105 million, and police and fire staffing needs projected at $ 1 .8
million by 2003 . This means we have to reach a consensus concerning the priority of
needed projects and how we are going to raise the funds to pay for them. My office will
continue to look for ways to cut costs without sacrificing service, but as a Council, we
will have to look closely at all projects that come before us.
In closing, there is one more point I would like to add that's just as important as anything
else we could talk about. If this government is going to be effective in helping
Fayetteville unfold according to our potential, we are all going to have to work together
for the good of our community and the only way to accomplish this task is to lead by
example. While we do not have to agree with everyone all the time, we can discuss our
differences in ways that do not create unnecessary divisiveness and controversy. Before
we present a proposal that will require public support, such as a tax to pay for a new
waste water treatment system, we have to show the community that we can transcend the
politics of personality and work together for the good of our City. My office has
extended the hand of partnership to the community and the positive response has been
gratifying. We are already making progress toward healing old wounds and resolving old
differences. It's up to those of us on this Council to extend the hand of partnership to
each other and to the entire community and in doing so, we will be able to start working
in earnest for the changes that the people of Fayetteville want and deserve.
City Council \1tt4ing MmuIC5
February 20, 2001
Page I of 15
City Council
Meeting Minutes
February 20, 2001
A meeting of the Fayetteville City Council was held on February 20, 2001 at 6:30 p.m . in Room 219
of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas.
PRESENT: Mayor Coody, Aldermen Reynolds, Thiel, Young, Zurcher, Trumbo, Davis, Santos, and
Jordan, City Attorney Jerry Rose, City Clerk Heather Woodruff, Staff, Press, and Audience.
Mayor Coody presented the State of the City Address a copy is attached.
CONSENT
APPROVAL OF THE MINUTES : Approval of the February 6, 2001 City Council minutes.
SSV BELL: A resolution approving an easement consisting of 400 sq. A . for Southwestern Bell to
install additional fiber optic equipment. The easement will be adjacent to an existing SW Bell
easement which was granted in 1995 for a sum of $500. This new casement will have a one time fee
of $ 1 ,000.
RESOLUTION 16-01 AS RECORDED IN THE OFFICE OF THE CITY CLERK,
PARK RENOVATION : A resolution approving a contract with McClelland Consulting Enoncers,
Inc. for the design and construction supervision of the renovation of Wilson and Walker Park tennis
and basketball courts.
RESOLUTION 17-01 AS RECORDED IN THE OFFICE OF TIIE CITY CLERK
TCA CABLE: A resolution approving an extension with TCA Cable Partners to temporarily
operate the cable communications system until April 30, 2001 .
RESOLUTION 18-01 AS RECORDED IN THE OFFICE OF TIIE CITY CLERK.
OLD MISSOURI ROAD : A resolution approving an engineering services contract in the not-to-
exceed amount of$256,420 with Garver Engineers for the design and construction administration for
improvements to Old Missouri Road from intersection with Rolling Hills north to the Mud Creek
Bridge.
RESOLUTION 19-01 AS RECORDED IN TIIE OFFICE OF THE CITY CLERK.
• • City Council Meeting Minutes
February 20, 2001
Page 2 of 15
ADDITIONAL PERSONNEL: A resolution authorizing personnel for the Engineering Division
and the City Clerk/Treasurer Division.
RESOLUTION 20-01 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
BLOCK GRANT: A resolution approving a budget adjustment to accept the 2000 Local Law
Enforcement Block Grant.
RESOLUTION 21-01 AS RECORDED IN THE OFFICE OF THE CITY CLERK
AD 00-47: A resolution amending the City' s Master Street Plan by removing the current line on the
map that indicates the Eastern Bypass and to show a corridor that is the same as the Northwest
Arkansas Regional Planning Commission's 2025 Transportation Plan and the Northwest Arkansas
Regional Transportation's Major Investment Study.
RESOLUTION 22-01 AS RECORDED IN THE OFFICE OF THE CITY CLERK
Alderman Davis moved to approve the Consent Agenda. Alderman Zurcher seconded. Upon
roll call the motion to approve the Consent Agenda passed unanimously.
OLD BUSINESS
There was no Old Business.
NEW BUSINESS
PARKS AND RECREATION BOARD: An ordinance approving an amendment to the Code of
Fayetteville Section 33 .018 requiring the Parks and Recreation Advisory Board to be composed of
eight members appointed by the City Council.
Mr. Rose read the ordinance.
Alderman Thiel: When I was on the Parks Board, this was one of the last things that we addressed.
We always found that it was important that we had members that had different areas of interest and
expertise and this current ordinance kind of defeats that idea by requiring that we have members
from the Youth Center. It certainly doesn't say that they can' t be members of the Youth Center, but
by making it a requirement, it sometimes defeats the idea of us having a diverse group of Park Board
members. Also, the Youth Center does not have the same requirement — there is not a requirement
on the Youth Center Board to have a Parks member on that Board.
Alderman Zurcher: Is that basically the only change that is proposed with this?
Alderman Thiel: That is the only change. It's just that right now the ordinance requires two Youth
Center members.
City Council Mecbng Minu16
rcbn ry 20, 2001
Page 3 of 15
Alderman Trumbo: It is my understanding that the Youth Center has offered a position on their
board to the Parks staff. I don' t know if they have accepted it. Just to keep the communications
open. I understand the Youth Center has reciprocated in offering board membership on the Youth
Center Board .
Alderman Thiel : But it 's not mandated, whereas this would remain a mandate. I think there' s
nothing wrong with a Youth Center Board member being on the Parks Board but I just think it is ill
advised to make it mandatory.
Mr. Wade Coldwell, Chairman of the Parks Board : We have talked about this and under the
current situation, since we do not have current representation on the Youth Center Board, and the
funds are donated to the Youth Center from the City, we don' t think there is reciprocity there. 1 think
this change would be in the best interest ofeverybody involved. One thing we do want to do is keep
the communication open and we have talked about that with annual meetings.
A discussion followed on the ordinance.
Alderman Santos moved to suspend the rules and move to the second reading. Alderman
Davis seconded the motion. Upon roll call the motion carried unanimously.
Mr. Race read the ordinance.
Alderman Santos moved to suspend the rules and move to the third and final reading.
Alderman Zurcher seconded the motion. Upon roll call the motion carried unanimously.
Mr. Race read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
ORDINANCE 4290 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
Alderman Santos moved to accept the Parks Board nomination of Craig T. Mauritson to
the Parks and Recreation Board. Alderman Thiel seconded the motion. Upon roll call the
motion carried unanimously.
TROLLEY BUS : An ordinance waiving the requirement of formal competitive bidding and
approving the purchase of used diesel powered passenger vehicles to be utilized by the Fayetteville
Trolley Program .
Mr. Rose read the ordinance.
Mayor Coody: We are going to try to expand the trolley route and try to cover more arca, maybe go
up to Evelyn Hills. We are still researching the project, ridership and routes. Wedo want to expand
our public transportation program as much as we can.
Alderman "Lurcher. Has this been through the Equipment Committee?
• • City Council Meeting Minutes
February 20, 2001
Page 4 of IS
Alderman Reynolds: The Equipment Committee has okayed this and given their approval to start
seeking buses.
Alderman Davis moved to suspend the rules and move to the second reading. Alderman
Santos seconded the motion. Upon roll call the motion carried unanimously.
Mr. Rose read the ordinance.
Alderman Young moved to suspend the rules and move to the third and final reading.
Alderman Jordan seconded the motion. Upon roll call the motion carried unanimously.
Mr. Rose read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
ORDINANCE 4291 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
RZ 98-22 : An ordinance approving an amendment to the Bill of Assurance to provide for the use of
a metal fence on that property described in RZ 98-22, approved in Ordinance 4175 and amended in
Ordinance 4184, submitted by Richard Osborne on behalf of Littlefield Investment Company.
Mr. Rose read the ordinance.
Alderman Thiel asked if Planning Director Tim Conklin had any comments.
Mr. Conklin told the Council that the applicant was present and that he had submitted a site plan
showing the fence, and some photographs of a fence of the same type that is currently on Huntsville
Road. This information is in the Council packet.
Alderman Reynolds: As Alderman in Ward 1 I have had no objections.
Alderman Thiel: The Planning Commission did recommend a wood fence and looking back at the
City Council minutes of August 3 , 1999, 1 notice it was not a unanimous decision. What is the staff
recommendation?
Tim Conklin, Planning: The item passed at the City Council meeting with a 5-4-0 vote. There was
some controversy with regard to this rezoning. They had requested C-2, staff recommended denial.
From the Planning Commission, it was appealed to the City Council, at that time the applicant did
offer a Bill of Assurance. The Bill of Assurance did state that he would keep the vehicles behind a
six-foot high wood fence. There was some misunderstanding between the staff and applicant with
the intent of that Bill of Assurance. We were trying to keep the cars he was working on screened
from the residential neighborhood to the north. The applicant did not understand that the Bill of
Assurance stated a six foot high wood privacy fence. Since the rezoning passed, a metal fence was
installed. I contacted Mr. Johnson and explained to him that legally we have a Bill of Assurance that
I can not ignore which requires a six-foot high wood fence. The applicant is going to ask the City
Council to allow the metal fence to remain on Huntsville Road and that he be allowed to have a
metal fence on Happy Hollow. My recommendation is to allow him to have the metal fence on
City Cuurwrl Mttymg MIOUl6
February 2U. 2001
Page 5 of 15
Huntsville Road, but 1 do believe that a wood board fence, six-foot high is more appropriate on
Happy Hollow Road, since it does adjoin residential to the north.
It was clear to me that a wood fence was required in the Bill of Assurance, but since a metal fence
has been installed it does not look that bad and it kind of fits in with the theme of the old time gas
station. The only concern 1 have is the single family home that is adjacent to this property. It would
be more in character with the residential neighborhood to have a wood board fence. The whole issue
of the rezoning at the time was when we rezoned it to C-2 it allowed car sales which is what he
intends to do. Used car lots are not something we encourage in Fayetteville next to single-family
homes; therefore staff was trying to make sure it was compatible with the residential neighborhood
to the north.
Alderman 'rrumbo: I don' t have a problem with the ordinance; the owner has put a lot of sweat
and equity into fixing up the property.
Alderman Thiel: 1 don't have a problem with leaving what he has already built. 1 would like to sec:
the wooden fence on the Happy Hollow side. How would we change this to reflect that requirement?
Mr. Rose: We would have to have a new Bill of Assurance.
A discussion tbllowed on a new Bill of Assurance.
Mr. Conklin : The City cannot ask the owner for a Bill of Assurance, he has to offer that . He did
offer one and signed the Bill of Assurance that stated he was going to build a wood board fence on
Happy Hollow and on Iluntsville Road. Unfortunately, he did not build a wood fence along
Huntsvil lc Road. This causes me some concern knowing that the rezoning was subject to that Bill of
Assurance and now we have a Bill of Assurance that is not being complied with. 1 thought it was my
duty to bring that forward to the City Council because you do rely on Bill of Assurance' s. When an
applicant promises you something 1 think they should keep their promises. lam okay with the metal
fence on Huntsville Road. I do believe that on the adjacent property to the north, which contains a
single-family home, a wood board fence six feet high that would typically be found in a residential
area would be more appropriate.
Mr. Clem Johnson, property owner: The main thing that bothers me is to have two types of fences
on the same property. 1 think the metal fence is attractive and 1 have put a lot ofeffort into it and its
well built. Wood fences are nice when they are first built, but they age and change and they require a
lot more maintenance. The misunderstanding was I keyed on the word "privacy" and not on the
word '.wood". I built a privacy fence that is more in flavor with a nostalgic old gas station. 1 do not
want a different type offence on the other side. I have already talked to my neighbors and they have
no problem with anything 1 am doing. I think 1 have really done a good job out there so far. I would
like to change the Bill of Assurance and go with a complete metal fence.
Alderman Reynolds : I made a trip out to the property. I le has done a great improvement to that
property. What he has done 1 am sure is more expensive than a wooden fence. If the neighbors have
no problem with it, I think it looks nice and 1 have no problem with it.
• . City Council Meeting Minutes
February 20, 2001
Page 6 of 15
Alderman Thiel: I tend to agree with you. My concern is that we don't start making a habit of not
enforcing these Bills of Assurance. But since there are no problems and the neighbors haven't
complained, I don't have any problem with it.
Alderman Young: One of the aspects of enforcing these is exactly what Mr. Conklin did. I would
like to thank him for bringing this to our attention. After it is brought to our attention then we have
to decide what to do.
Alderman Reynolds: Tim did an excellent job.
Alderman Zurcher agreed that the Council does not want to see a Bill of Assurance ignored. He
said a couple had been brought to his attention but the situations were different. This issue has to do
with materials, not a situation where what was promised did not happen
Alderman Jordan also agreed that the Council cannot get into the habit of not enforcing Bills of
Assurance. But in this case, he felt the fence looked very nice
A discussion followed regarding this issue.
Mr. Conklin : Keep in mind, the reason we were requiring the fence is to screen the vehicles that
will be sitting behind it. Typically in a C- I zone you wouldn't have a need for this type of fence.
That is why we are requiring a fence.
Alderman Trumbo moved to suspend the rules and move to the second reading. Alderman
Zurcher seconded the motion. Upon roll call the motion carried unanimously.
Mr. Rose read the ordinance.
Mr. Geary Lowery, a resident, questioned the legal ramifications of a Bill of Assurance without it
being filed (dated and stamped) at the Circuit Clerk's office. He believes it is pretty useless and
cannot be enforced. He spoke of instances of Bills of Assurance he felt had not been adhered to and
which the City had not enforced.
Mr. Rose: They do have to be recorded. About the only way we have of enforcing a Bill of
Assurance, if somebody won't do it voluntarily, is to take them to court. It is not a criminal or a
summary proceeding; we would probably get a mandatory injunction. It is a lengthy and expensive
process, but it can be done. To my knowledge that is the only way that you can enforce it.
Mr. Lowery: Why doesn't the City make an ordinance where it's mandatory that every Bill of
Assurance is recorded at the County Clerk' s office?
Mr. Rose: Yes, I think they probably should be recorded. I am not sure the one you have before you
tonight would be any more enforceable if it were recorded. There is no reason why we could not pass
• • City Council Mmung Minutes
February 20, 2001
Pagc 7 of 15
an ordinance requiring all Bills of Assurance to be recorded.
Alderman Trumbo moved to suspend the rules and move to the third and final reading.
Alderman Zurcher seconded the motion. Upon roll call the motion carried unanimously.
Mr. Rose read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
ORDINANCE 4192 AS RECORDED IN THE OFFICE OF THE CITY CLERK,
VA 01 - 1 : An ordinance approving a vacation request VA 01 - 1 , submitted by Steve Winkler for
property located east of 607 Peach. The property is zoned R- 1 , Low Density Residential and
contains approximately 0.08 acres. The request is to vacate the street right-of-way.
Mr. Rose read rhe ordinance.
Mr. Bunn : We have scheduled the maintenance on the road ditch there. We looked at the situation
along the unopened street and feel what the applicant was talking about in terms of making a ditch
there would work. 1 do not know if it will solve the gentleman's problem one house down or not, but
it would certainly help.
Alderman Reynolds : What bothers me on this project is when we met on site and we spoke to Mr.
Winkler he had agreed it would take about two hours to cut a ditch and run the water off. This
would solve the problems to the west. Before we left he had changed his mind and did not want to
sign an agreement that he would cut the ditch and help his neighbors. He wanted the City to give
him twenty-foot of property and the City cut the ditch too. I feel like if we are going to give up
twenty foot of property then we need to get something from Mr. Winkler in the way of aid for his
neighbors. 1 am in doubt of giving him twenty fbot without him putting a little effort into it.
Alderman Thiel : What concerns me is us keeping the utility easement, because if there is further
flooding we are going to be responsible for it. 1 am not sure if we really wanted or needed that utility
easement.
Mr. Bunn: We want the utility easement; the question was whether to also designate that as a
drainage easement. I think if we put a ditch there then we would probably want to go ahead and
make it a drainage easement also.
Alderman Thiel: 1 agreed with Mr. Reynolds that if we are going to do that, why abandon the
street . We arejust basically cutting ourselves off from that street. If we are going to keep the utility
and drainage easement and be responsible for maintaining that, then 1 don't see any reason to
abandon the street.
Alderman Reynolds: If we arc going to be responsible for that easement and that ditch, then 1 don't
• City Council Meeting Minutes C
February 20, 2001
Page 8 of 15
think we have any reason to give up the street, or give up 20 foot of property.
Alderman Santos : We have a staff recommendation and a 9-0 Planning Commission decision to
vacate this?
Mr. Conklin : Yes we do. The issue came up at Planning Commission from the resident to the west
down the hill with regard to drainage. The big concern was if we do vacate this street right-of-way
that the city would not have the ability to go in there and take care of the drainage. He is not opposed
to vacating the right-of-way but he is concerned about the drainage issue.
Alderman Santos : What about the lots to the east? Are these R- 1 lots that we are going to land
lock?
Mr. Conklin: They do have frontage currently on Peach. They would have to comply with our
zoning ordinance with regard to lot area and lot frontage when they come in for a building permit.
A discussion followed on the subdivision itself.
Marvin Freeman, 2856 South School: Mr. Freeman said his property joins Peach Street. He
commended the Planning Commission and City Council for coming out and viewing the property
and speaking to both him and Mr. Winkler. He discussed the problem he is having with the water
running down the hill and washing sand and gravel onto his property in great amounts. He says he
has had water in his house 3 or 4 inches deep. He said he has replaced all the carpet and walls in his
house twice. He further stated that he does not have any problems with Mr. Winkler or any of his
neighbors but feels if the City abandons the street and no drainage ditches are cut through, he will
continue to have the same problem.
A discussion followed on the ordinance.
The ordinance was left on the first reading.
AD 00-45: An ordinance approving Administrative Request, AD 00-45, as submitted by Laura Kelly
on behalf of the Fayetteville Sidewalk and Trail Committee for Bike Parking Ordinance.
Mr. Rose read the ordinance.
Alderman Young: This ordinance was presented to the Ordinance Review Committee and we made
just a couple of minor changes to it and gave it to Jerry to put together. We have just received the
ordinance tonight and I have skimmed through it. It appears the changes have been made.
Alderman Davis: I looked at it also and the changes are in the ordinance. This originally started a
year ago in May through the Sidewalk and Trails Committee. Laura Kelly is the one who helped put
all this together and I would like to compliment her on all the work that she has done through that
committee to bring this forward. It has also been through the Planning Commission, as well as
Ordinance Review.