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HomeMy WebLinkAbout2004-07-06 - Agendas - Final Final Agenda City Council Meeting July 6, 2004 A meeting of the Fayetteville City Council will be held on July 6, 2004 at 6: 00 p. m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Downtown Master Plan Presentation School Street Intersection Presentation A. CONSENT: 1 . Approval Of The Minutes: Approval of the June 15, 2004 meeting minutes. APPROVED. 2. Library Design Systems, Inc. Contract: A resolution to approve a contract with Library Design Systems, 'Inc. in the amount of $34,650. 00 to move library property (books, equipment, furniture, etc.) to the new library. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 96-04, 3. DBE Program Participation Goals for FY2004: A resolution to accept and approve the updated Fayetteville Municipal Airport Disadvantaged Business Enterprise (DBE) Program Participation Goals for FY2004. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 97-04. 4. United States Postal Service Lease: A resolution to approve a lease of a portion of the terminal building to the United States Postal Service for a beginning annual rent of $ 19,200. 00 for ten years with two 5 year options to renew. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 98-04, B. OLD BUSINESS: 1 . VAC 04- 11 .00 (Houses Development Company): An ordinance approving VAC 04- 11 .00 to vacate and abandon a 30' utility casement located on Lots 6, 7, 8, and 9 in block three and Lots 7, 8, and 9 of block four of Harrison' s Addition as depicted on the attached map and legal description. This ordinance was left on the first rending at the June 15, 2004 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4584. C. NEW BUSINESS: 1 . Botanical Gardens Development: A resolution to consider spending as much as $750,000.00 in the development of The Botanical Garden of the Ozarks at Lake Fayetteville Park. PASSED AS AMENDED AND SHALL BE RECORDED AS RESOLUTION NO. 99-04, 2. Library Annex Sale: A resolution to approve the sale of the City owned annex to the Fayetteville Public Library for $551 ,000. 00 pursuant to the bid from the Fulbright Building LLC. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 100-04, 3. R-P'ZD 04- 1075 (Cambridge Crossing): An ordinance establishing a Residential Planned Zoning District titled R-PZD 04- 1075 located at Lot GC, Vantage Square containing approximately 11 . 525 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. 4. RZ,N 04- 1080 (Trumbo): An ordinance rezoning that property described in rezonin petition RZ.N 04- 1080 as submitted by Jay Rodman for property located at 3198 W. 61 Street, containing approximately 0. 81 acres from R-A, Residential Agricultural to C- I , Neighborhood Commercial. PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4585, 5. Annexation of Islands (University of Arkansas Property Containing Approximately 704.84 acres): An ordinance to annex into the City of Fayetteville, Arkansas a large parcel of land owned by the University of Arkansas which is completely surrounded by the incorporated limits of Fayetteville. THIS ITEM WAS LEFT ON THE FIRST READING, 6. Annexation of Islands (Containing Approximately 461 .74 Acres): An ordinance to annex into the City of Fayetteville, Arkansas several parcels completely surrounded by the incorporated limits of Fayetteville. THIS ITEM WAS LEFT ON THE FIRST READING, 7. Annexation of Islands (Containing Approximately 168.747 Acres): An ordinance to annex into the City of Fayetteville, Arkansas certain lands south of Huntsville Road which are completely surrounded by the incorporated limits of Fayetteville. THIS ITEM WAS LEFT ON THE FIRST READING. 8. Public Hearing (CTS Executive Transportation Certificate of Public Convenience): A Public Hearing to evaluate the necessity of issuing a Certificate of Public Convenience to CTS Executive Transportation. REQUEST WAS WITHDRAWN. 9. Re-codification of the Fayetteville Code: An ordinance adopting and enacting a new Code of Ordinances of the City of Fayetteville, Arkansas; providing for the repeal of certain ordinances not contained therein, except as herein expressly provided; and providing for the manner of amending the Code. THIS ITEM WAS LEFT ON THE FIRST READING, D. INFORMATIONAL: No Council Tour July 4th Holiday: July 5, 2004 Meeting adjourned at 10 : 40 p. m. City Council Meeting July 6, 20 Ai 4/° Ci Subject: Motion To: Motion By: Seconded: Cook ✓ Marr Rhoads Davis Lucas Jordan Reynolds Thiel Mayor Coody (/ Subject: Motion To: � Motion By: i S Seconded: AA daAk.) Cook C0 Marr ✓ l�!!II�Qrr"n� Rhoads ✓ Davis ✓ � o l Lucas ✓ Jordan ✓ / D Reynolds ✓ Thiel Mayor Coody City Council Meeting July 6, 20IR • Subject : C n . J i Motion To: raq�� � 6L6 4La Motion By: Seconded: Cook Marr Rhoads ✓ Davis Lucas ✓ Jordan Reynolds Thiel r/ lt" q d� Mayor Coody I Subject : Motion To: Motion By: &A./ 4 S Seconded : Cook AJ Marr 1 Rhoads � eM�� fl�,,lpl Davis ✓ Lucas ✓ Jordan t✓ () Reynolds ✓ Thiel I . d Mayor Coody City Council Meeting July 6, 2(f • Subject : n 00 CPU Motion To: Motion By: Seconded: An Cook I/ t1 I Marr �/ i/ ✓ Rhoads �/ ✓ i/ rr61 ✓ ✓ n Davis ✓ ►'�f �li Lucas �/ vo� A {J/ Jordan / ✓ Al f Reynolds / ✓ V WY" Thiel ✓ � Mayor Coody � d ,Aa ^fig Subject : Motion To: 7Ilelw Motion By: JJUJAL� � �✓�' WQ�/to Seconded: � k�) Cook v �I, I Marr 40 IA � Rhoads ✓ l �� I V Davis Lucas Q4a Fri h4 Jordan r/ Reynolds t/ Thiel Mayor Coody C I o+GMe � er . City Council Meeting July 6, 201 Subject: Motion To: I Motion By: Seconded : oma✓ Cook ✓ /VM- Marr f 1 Rhoads ! v Davis Lucas ✓ , n 'n Jordan Reynolds ✓ •r) Qc - ,y Thiel Mayor Coody Subject: 2 Z N ����xjjjjQ////�����(�I�� mso Q E Cook J f Marr Al Rhoads �/ ✓ Ivy Davis ✓ ✓ Lucas ✓ () Jordan J ✓ � Reynolds f ✓ �� Thiel 5 Q h Mayor Coody City Council Meeting July 6, 201 • Subject: u Motion To: Motion By: Seconded: Cook n1arr /,'� Rhoads v V� Davis V" V Lucas Jordan Reynolds Thiel OW I%Iayor Coody Subject: Motion To: Motion By: Seconded: Cook �J, o A1arr Rhoads a,q Davis Lucas Jordan ei�to(A&A,e) Reynolds Thiel Mayor Coody City Council Meeting July 6, 211(x4 • Subject : UAL & 10 S . 70 l 1 1 Motion To: Motion By: Seconded: Cook 1 Marr IV ✓ Rhoads Davis Lucas Jordan ' fin ,k Reynolds 'I'hiel 2Qa O :Mayor Coody Subject : II01 - Ct,`.�- ; Motion To: Motion By: Seconded: o Cook 0 Marr Rhoads ! ; "Al Davis Lucas 2 t Jor an W iW Reynolds 'Thiel Mayor Coody City Council Meeting July 6, 200 Subject : A& Motion To: Motion By: Seconded: Cook Marr am — Rhoads NO ma',Lrgso Davis Lucas Y/U / hct Jordan rf�Q (t Reynolds Thiel -� r Mayor Coody Subject: Motion To: Motion By: Seconded : Cook Marr Rhoads Davis Lucas Jordan Reynolds Thiel Mayor Coody Final Agenda City Council Meeting July 6, 2004 A meeting of the Fayetteville City Council will be held on July 6, 2004 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Downtown Master Plan Presentation School Street Intersection Presentation A. CONSENT: 1 . Approval Of The Minutes: Approval of the June 15, 2004 meeting minutes. 2. Library Design Systems, Inc. Contract: A resolution to approve a contract with Library Design Systems, Inc. in the amount of $34,650.00 to move library property (books, equipment, furniture, etc.) to the new library. 3. DBE Program Participation Goals for FY2004: A resolution to accept and approve the updated Fayetteville Municipal Airport Disadvantaged Business Enterprise (DBE) Program Participation Goals for FY2004. 4. United States Postal Service Lease: • A resolution to approve a lease of a portion of the terminal building to the United States Postal Service for a beginning annual rent of $ 19,200.00 for ten years with two 5 year options to renew. B. OLD BUSINESS: 1 . VAC 04-11 .00 (Houses Development Company): An ordinance approving VAC 04- 11 .00 to vacate and abandon a 30' utility easement located on Lots 6, 7, 8, and 9 in block three and Lots 7, 8, and 9 of block four of Harrison's Addition as depicted on the attached map and legal description. Thu ordinance was left on the first reading at the June 15, 2004 City Council meeting. C. NEW BUSINESS: 1 . Botanical Gardens Development: A resolution to consider spending as much as $750,000.00 in the development of The Botanical Garden of the Ozarks at Lake Fayetteville Park. 0 0 2. Library Annex Sale: A resolution to approve the sale of the City owned annex to the Fayetteville Public Library for $551 ,000.00 pursuant to the bid from the Fulbright Building LLC. 3. R-PZD 04-1075 (Cambridge Crossing): An ordinance establishing a Residential Planned Zoning District titled R-PZD 04- 1075 located at Lot 6C, Vantage Square containing approximately 11 .525 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. 4. RZN 04- 1080 (Trumbo): An ordinance rezoning that property described in rezonin petition RZN 04- 1080 as submitted by Jay Rodman for property located at 3198 W. 6' Street, containing approximately 0.81 acres from R-A, Residential Agricultural to C- 1 , Neighborhood Commercial. 5. Annexation of Islands (University of Arkansas Property Containing Approximately 704.84 acres): An ordinance to annex into the City of Fayetteville, Arkansas a large parcel of land owned by the University of Arkansas which is completely surrounded by the incorpor-dted limits of Fayetteville. 6. Annexation of Islands (Containing Approximately 461 .74 Acres): An ordinance to annex into the City of Fayetteville, Arkansas several parcels completely surrounded by the incorporated limits of Fayetteville. 7. Annexation of Islands (Containing Approximately 168.747 Acres): An ordinance to annex into the City of Fayetteville, Arkansas certain lands south of Huntsville Road which are completely surrounded by the incorporated limits of Fayetteville. 8. Public Hearing (CTS Executive Transportation Certificate of Public Convenience): A Public Hearing to evaluate the necessity of issuing a Certificate of Public Convenience to CTS Executive Transportation. 9. Re-codification of the Fayetteville Code: An ordinance adopting and enacting a new Code of Ordinances of the City of Fayetteville, Arkansas; providing for the repeal of certain ordinances not contained therein, except as herein expressly provided; and providing for the manner of amending the Code. D. INFORMATIONAL: No Council Tour July 4th Holiday: July 5, 2004 • • City Council Meeting Minora June 15, 2004 Page l or 12 City Council Meeting Minutes June 15, 2004 A meeting of the Fayetteville City Council was held on June 15, 2004 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Alderman Reynolds, Thiel, Cook, Marr, Rhoads, Davis, Lucas, Jordan, Mayor Coody, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Mayor Coody called the meeting to order. Nominating Committee Report: Alderman Marr read the Nominating Committee report. A copy of the report is attached . Alderman Marr moved to approve the Nominating Committee report. Alderman Lucas seconded the motion. Upon roll call the motion was approved unanimously. CONSENT: Approval Of The Minutes: Approval of the May 18, 2004 meeting minutes and the June 1 , 2004 meeting minutes. RJN Group Sewer Rehabilitation: A resolution to approve an engineering contract with RJN Group, Inc. in the amount of $226,978.00 fbr the design and bidding phase services for the sewer rehabilitation project . Resolution 91-04 as Recorded in the Office of the City Clerk. Tomlinson Asphalt Shiloh Drive Widening: A resolution awarding a construction contract to Tomlinson Asphalt Company, Inc. in the amount of' S186.218. 75 for the widening of Shiloh Drive from Gregg Avenue to Steele Boulevard; and approving a project contingency in the amount of $58,622 .00. Resolution 92-04 as Recorded in the Office of the City Clerk. OMI Rebate Transfer of Funds: A resolution approving as budget adjustment transferring 5128,902.00 of Operations Management Intemational (OM1) rebates from Water & Sewer Fund Balance to the Lift Station Improvements account . Resolution 93-04 as Recorded in the Office of Nue City Clerk. • • City CouncilMming Minutn lune 15. 2004 Page 2 of 12 Alderman Marr moved to approve the Consent Agenda as read. Alderman Jordan seconded the motion. Upon roll call the motion passed unanimously. OLD BUSINESS : R- PZD 04-06.00 (John Nock): An ordinance establishing a Residential Planned Zoning District titled R-PZD 04-06.00 located on Rupple Road south of Wedington Drive containing approximately 41 .70 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. The ordinance was left on the second reading at the June 1, 2004 Cit} Council meeting. Alderman Davis moved to suspend the rules and go to the third and final reading. Alderman Marr seconded. Upon roll call the motion passed unanimously. Mr. Williams read the ordinance. Dawn Warrick, Planning: Staff received a letter of agreement today between the developer of the subdivision and the developer of the Rupple Row PZD providing and assuring compliance with recommended condition of approval number three. This has to do with some guarantees that were made and a park land dedication that was made with the subdivision that created the lot for this development. What that does is verify that the 5 . 37 acres that were banked with that previous subdivision will be utilized by this development for a portion of their park land dedication requirements. Alderman Thiel: These are not row houses, they are not attached. Dawn Warrick: They are proposing to have zero lot lines but unattached structures. Alderman Thiel: }-now far apart will they be'? Dawn Warrick: They will be spaced at a minimum of 10 feet. Alderman Thiel: Are they going to be required to have fire walls. Dawn Warrick: That will be addressed by our Building Safety Division with regard to code requirements; they will have to meet the 2000 International Building Code which is our adopted building code. Alderman Jordan: For the record Dawn will you please tell the public how wide the streets are going to be in the development. Dawn Warrick: The streets will be a standard 28 foot residential street section. • • City Council Meeting Minute June 15. 21XM Page 3 of 12 Geary Lowery, a resident voiced his concern with the width of Rupple Road and the amount of traffic on that road. He also voiced his concern on the issue that not everyone in the City of Fayetteville has city services. Sharon Davidson, a resident spoke on the density of this project . She also spoke on the traffic in this arca. Mayor Coody: When Rupple Road was designed and approved it was designed as a four lane, two lanes to be built early on, and the other two lanes to be built when the population warranted it. The right of way has been secured for a four lane street . The planning was completed on this years ago. New developments have streets and sidewalks installed by the developer. We still will be doing the same work that we are doing downtown in the central part of the existing city with our comprehensive sidewalk plan and our paving plan. We are pouring a lot of money back into infrastructure improvement. Alderman Reynolds : I would like to follow up on Brenda' s question with the fire chief on the regulations on fire walls for these buildings. Chief Busch : If these structures are designed according to our codes, I believe the set back difference is accurate, 1 don' t think they need fire walls between them unless they share a common wall between the units. If they are two separate stand alone units, as long as the spacing is accurate, then it should be okay. Alderman Thiel : Right now the minimum would be 16 feet between structures because be have 8 foot set backs. This is not like anything that we have done. This allows a minimum of 10 feet between . My concern is 10 feet getting close enough that it is going to require fire walls and if so is that part of the project. Chief Bosch : I think it will be okay, 1 feel very comfortable with the design. In new construction, with the construction materials that are used and the way the buildings are constructed, 1 feel very comfortable that this will not be an issue. I don 't believe you need a common fire wall between the two structures. Dawn Warrick: The distance, the spacing will be a minimum of 16 feet; I don' t know if that is covered specifically in their covenants, we can certainly request that to be covered in their covenant. That is the standard spacing between single family homes in any residential district . John Nock: We Icff it 10 in there because that was minimum standard. None of the plans for the development call for anything that would encroach more than 16 feet. There is the practical issue and the code issue; we are in compliance with both . All of these homes have the rear alley ways, which is a 20 foot alley which will be serviced by emergency vehicles. Not only do you have the side access but you have the front and rear access as well . Alderman Reynolds: Is that 16 feet roof line to roof line or building to building? Cily Council Meeting Minora Rim 15, 2(XW Page 4 of 12 John Nock : The standard plans range form 20 to 24 feet. We have kept in the covenants a minimum of 10 feet so if we wanted to have over hangs or bay windows or other things that might be considered part of the structure, you will still have the minimum width required by code. Alderman Davis: You can not keep the flames from jumping from one roof to another, depending on the wind. That could happen in any residential area throughout the community. Alderman Jordan : This is already zoned correct. What is the current zoning? Dawn Warrick: The current zoning on the property is split, part of the property is currently zoned RSF-4 Residential Single Family Four Units per acre and a portion of the property is currently zoned RMF-24 Multi Family 24 Units per acre. The allowable density on the existing tract under existing zoning is 7.22 units per acre that is an average which would result in 301 dwelling units. The proposal is for 260 dwelling units which is a density of' 6. 24 units per acre. 1 was just reminded that a portion of the property is not RMF-24 it is RT- 12. Alderman Jordan : So the density is less. Dawn Warrick : Yes. Alderman Jordan : Since this is already zoned this would not have to come before City Council if they did not want to change the zoning. Dawn Warrick: If the developer was proposing a subdivision or a project that met the zoning requirements under the existing designations that would be heard by the Planning Commission for development approval only. Alderman Marr: At the last meeting we asked if the EMS response service could become a part of what we look at in response time, have we received any data on that issue. Chief Bosch : We do not have any hard data to hand you, we did meet with Central EMS and it will be about a 6.5 to 7.0 minute response time to that location. Alderman Marr: Their contract calls for 8 minutes average? Chief Bosch : Yes. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 4580 aN Recorded in fire Office of the City Clerk Rupple Row Money in Lieu of Land: A resolution to accept the recommendation of the Parks and Recreation Advisory Board to accept $ 7,482. 75 in lieu of a portion of the parkland • • City Council Meeting Minutes June 15, 2(HW Page 5 of 12 dedication requirements of Rupple Row Subdivision. The resolution was tabled at the June 1, 1004 City Council meeting wail the Jure 15, 2004 City Council meeting. Geary Lowery wanted to know why we take money in lieu of land instead of developing parks in neighborhoods that need them. He stated this area is going to need a park . He spoke of the areas in Fayetteville that he feels need parks. Sharon Davidson asked where the money would go, to a general fund or the parks and trails fund. Mayor Coody: The Parks Fund . Sharon Davidson stated parks should stay in the area of the subdivisions. She asked the Council to not accept money in lieu of park land and that the park be built for this development. John Nock : This money is for a small portion of the park land, there was 5 . 37 acres given at the time of the agreement to build the Boys and Girls Club. We have a pocket park on the property, it is one that is not maintained by the city but is maintained by the POA of the subdivision. In responsible development we are concerned with all of those issues. Mayor Coody: Read the background on the project. Connie Edmondson : The Boys and Girls Club leases land form the city, which is eight acres located east of their building. Their building is on their property. Kit Williams : In our agreement with them they agreed to allow use of some of the park land. The park land is available at most times for people that arc not members of the Boys and Girls Club. The building itself is not, that is a private building. Alderman Thiel moved to approve the resolution. Alderman Marr seconded the motion. Upon roll call the resolution passed unanimously. Resolution 94-04 as Recorded in the Office of the City Clerk. NEW BUSINESS: Washington County Inter-Local Agreement: An ordinance approving an inter-local agreement between Washington County, Arkansas, and the City of Fayetteville, Arkansas, concerning the expenditure of funds received from the Arkansas Department of Emergency Management and the disposition of various items of emergency equipment purchased with such funds. Mr. Williams read the ordinance. Chief Bosch : We were approached by Washington County regarding this inter-local agreement . In 2003 they applied for a Department of Homeland Security Emergency Preparedness Grant in • • Cay Council Meeting Minutes June 15, eau rage a of 12 the amount of' S150.000. They received this grant to expend those funds on equipment to give to the cities and the rural fire departments. This agreement will allow them to give the equipment to us and we will keep it for three years in our inventory for our use and their use as well . There is no cost to the city. Alderman Reynolds: Do you know what kind of equipment we arc going to receive? Chic Bosch : We are looking at some radio equipment and some batteries for our hand held radios. Alderman Marr 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 Reynolds seconded. Upon roll call the motion passed unanimously. Mr. Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 4581 as Recorded in the Office of the City Clerk Shake's Building Sale: A resolution of intent to sell municipally owned property at the comer of Sang Avenue and Sixth Street (a portion of the former Shake' s Frozen Custard Lot and building). Mayor Coody stated there has been some confusion on this property, there was a statement in the paper about us not needing any of this property that was a misstatement. He also read a memo from October 30, 2002 that stated the remaining property that was not needed for right of way could be sold when the project was completed . Alderman Davis: We also had a memo on October 17, 2002 that gave us four options on that location. We selected Option 4, which gave us the opportunity to purchase the entire parcel and at the end of the completion sell what we didn't use. The other options were keeping the property, buying the property and paying severance damages and the other was to take a portion of the Shake's property. Sharon Davidson : The road design that is there now is that the original engineered design? If it is not the original design why was it changed? Did we give the full asking price of S240,000 ibr the property'I What would the cost have been if we used eminent domain to obtain the property" Are we expected to get a minimum of S 100,000 for that building? • • City Council Mnling MlnutuN June 15. 2004 Page 7 of 12 Mayor Coody: The original design was built. We paid $240,000.00 for the property. The cost of eminent domain, we try to avoid eminent domain as much as possible, we try to work as well as we can with property owners to achieve some kind of a fair balance between the public' s interest and private interest. There is more to it than just condemning the portion of the property that we needed. We would have been shutting them down for 8 to 9 months, so we would have been liable for the real estate as well as the closing of their business for 8 to 9 months. The City Council and our legal department felt it would be cost effective to buy the property, close the intersection to get the job completed more quickly, then resale what we could . We will not know what we can get for the remaining property until we go through the process. Alderman Reynolds : Will the sell of this building come back through the Council . Mayor Coody: Yes. Alderman Davis : Do we know at this point in time where those dollars would go? Steve Davis, Finance and Internal Services Director: Sales Tax Capital Fund. Kit Williams : It will certainly come back to the City Council because with this resolution you are agreeing your intent to sale and that you are not going to rezone the property prior to the sale. Then there will be two independent appraisals, after that it will come back to the Council and you will set a minimum amount that you will accept. It will then be advertised and bids will be taken. The bids will come back to Council and you will decide if you want to take one of those bids. Alderman Rhoads moved to approve the resolution. Alderman Thiel seconded the motion. Upon roll call the resolution passed unanimously. Resolution 95-04 as Recorded in the Office of the City Clerk VAC 04- 1070 (Gerald Tomlinson): An ordinance approving VAC 04- 1070 to vacate and abandon a 45 ' existing right of way that extends north of the intersection of West Salem Road and Rupple Road through The Estates at Salem Hills property and a 50' right of way that extends west of the intersection of Howard Nickel Road and Salem Road through The Estates at Salem Hills as depicted on the attached map and legal description. Mr. Williams read Ilse ordinance. Dawn Warrick, Planning Division gave a brief description of the project. Alderman Jordan moved to suspend the rules and go to the second reading. Alderman Davis seconded. Upon roll call the motion passed unanimously. Mr. Williams read the ordinance. • • Clly Council Mceling .\1inNn June 15. 2004 Page a of 12 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. Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 4582 as Recorded in the Office of the City Clerk. VAC 04- 1105 (Phomas Lutz): An ordinance approving VAC 04- 1105 to vacate and abandon a portion of a 10' utility easement designated for gas and water located at 1645 W. Sunrise Mountain Road as depicted on the attached map and legal description. Mr. Williams read the ordinance. Dawn Warrick, Planning Division gave a brief description of the project. Alderman Thiel: The only thing that is on that is gas now'? Dawn Warrick: That is correct, the current easement is dedicated tier gas and water, there is not a water line installed currently. The new replacement easement is a wider easement and it will be dedicated for gas, water and sewer for future needs. Mayor Coody: So it is a net improvement on our end and for the petitioner. Dawn Warrick: Yes. A discussion followed on the location of the new home on this property. Alderman Davis moved to suspend the rules and go to the second reading. Alderman Marr seconded. Upon roll call the motion passed unanimously. Mr. Williams read the ordinance. Alderman Davis moved to suspend the rules and go to the third and final reading. Alderman Marr seconded. Upon roll call the motion passed unanimously. Mr. Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 4583 as Recorded in the Office of the City Clerk. • • City Cowled Meeting Minutes June I5, 2001 Page 9 of 12 VAC 04- 11 .00 (Houses Development Company): An ordinance approving VAC 04- 11 .00 to vacate and abandon a 30' utility easement located on Lots 6, 7, 8, and 9 in block three and Lots 7, 8, and 9 of block four of Harrison ' s Addition as depicted on the attached map and legal description. Dawn Warrick gave a brief description of the project. She stated on May 27, 2003 a large scale development was approved by the Planning Commission with certain conditions on that project approval . That project was appealed to the City Council with regard to a condition to connect Center Street . The City Council heard that appeal on October 21 , 2003, made a modification to that large scale development which included removing the condition to make the street connection to Center Street and also providing for a reduction in density of this large scale development from 39 units with 48 bedrooms to 26 units containing 42 bedrooms. That action was passed with Resolution 160-03 . Throughout each consideration at the Planning Commission and City Council level there were conditions with regard to this casement vacation and the dedication which is a condition of this casement vacation that is being proposed. Those were not modified by either the Planning Commission or the City Council through those actions when consideration of the large scale project was made. The applicant did provide notification to all utility representatives, city division and adjoining property owners as required by ordinance, no objections were noted by utility representatives or city divisions. We did request the replacement easement over a different water line as a condition of this vacation. Staff recommended this action be approved with that condition. At the Planning Commission meeting there were several members of the public that did come and had comments with regard to the project and on this request, those minutes from the Planning Commission meeting are included in your packet. The Planning Commission voted 5-3 with one abstention to forward this request to the City Council with a recommendation for denial. Stall' s recommendation to Planning Commission and to the City Council was to approve this vacation request which is consistent with the actions that were previously taken on the project itself, the large scale development back in 2003 . Alderman Lucas : Does this easement go all the way down to Spring Street? Dawn Warrick: 1 believe it does continue to the north, I do not have that document with me. 1 believe it would be consistent with the lay out of that subdivision. Alderman Thiel: It seems the Planning Commission felt they could overturn the large scale development approval by turning this vacation down. Our city attorney sent us a memo stating that we have already approved the large scale development and that included this vacation. Dawn Warrick: We brought this project through this process because this is the only way to vacate a utility easement . It was noted from the beginning with regard to the large scale that this would need to happen in order for the large scale to be approved the way that it was proposed. • • City Council Mining Minutes June 15. 2061 Page 10 of 12 Kit Williams : There was a time that the Planning Commission could have denied this large scale development but instead they passed it . They put a condition on that which later proved impossible that was appealed to the City Council . The Council could have denied the large scale development instead you approved the large scale development as amended and decreased the density. One of the conditions that was always there was the vacation of this casement that is not going to be needed. There is another easement that carries the water line up the hill . The problem about not approving this now, you made that as a condition of approval for the large scale development. It would be wrong and dangerous for you to place a condition on them and then make that impossible for them to fulfill by refusing to vacate this casement. Mr. Williams stated a similar case and the Supreme Court ruling. There would have to be some reason that you would turn down this unused, not to be used casement, which is going to be replaced and has already been approved in this large scale development to be replaced. As your lawyer I would have a difficult time trying to figure out what your reason is for turning down this easement vacation that nobody needs. We told them they have to do it, they are trying to do it and now to tell them that we arc not going to let them do it, I think puts us in a very difficult legal position . Holly Bryan, 107 N. Olive, voiced her opposition to the vacation as well as the size of the development. She is also opposed to the hammerhead use at the end of Olive instead of a cul-de- sac. Julie Gable, 106 N . Olive, read a statement from her husband Mike Thomas opposing this development. lie voiced his concern about the increase in traffic on Olive Street due to this development . Geary Lowery voiced his concern about the project and the traffic in the city. Susan Chadwick, Spring and Olive, asked fix denial of the vacation. She voiced her concern about the development. She asked that a cul-de-sac be established at the south end of Olive Street for the safety of the neighborhood. Mandy Bunch with EB Landworks representing Houses Development Corporation : We have been working with city staff since October 2002 to try to meet the ordinances and to meet the requirements of the boards. Mr. House has reduced the density far less than is allowed by ordinance for this zoning. It's zoning that has been the issue with the project since day one as far as the density. Mr. House has employed professionals to evaluate all of the facilities that have been in question tonight with the discussion including four different traffic report iterations. It has been determined by a professional traffic engineer that once the improvements have been made that have been required of this Council the street will be safe for that amount of traffic. Alderman Davis : Is there a rush on this or could we table this for two weeks so that we can go out and look at the development. • • City Council Mccling Minutes June IS. 2004 Pagc I I of 12 Dawn Warrick : We don' t have any specific timeframe. It ' s up to the Council as to how you want to deal with this and what your timeframe is. Alderman Reynolds: If the fire and police department asked for a cul-de-sac to be installed and the neighbors would like a cul-de-sac why didn't we have one in the plan? Tim Conklin : 1 will have to review the Plat Review minutes. I will get you that information, what the comments were during the development review. Alderman Marr. I would like to request a copy of minutes from the Council discussion when we had the discussion on the large scale development . Mandy Bunch : It is my understanding that the staff has reviewed this, as far as the hammerhead approach. We specifically looked at it for its meeting the new international fire code because the fire code did change during the process. Regarding the connectivity issue, one of the main reasons that there was a change and the reason you amended the ordinance with the appeal was that the Center Street right-of-way that everyone thought was there actually does not exist at all. That is way the resolution was made with the amendments that allowed the change in that. As far as the progress on the site we have actually not begun grading for the large scale development. We have cleared out some under brush, with special specific coordination with the tree and landscape administrator. Only the minimal about of trees, we were careful to make sure we actually had surveyors stake the tree preservation areas as approved and designed so that the soil borings could be taken. Mayor Coody : Why did you prefer the hammerhead cul-de-sac versus the circular? Mandy Bunch : A concern that we have had the entire time with Center Street is the right-of- way was a platted right-of-way but never constructed for obvious reasons given the slope conditions of the Center Street right-of-way. The reason the cul-de-sac was taken oft, we have added a lot on on-street parking to help with the parking situation that has been a concern of the neighbors and also the topography of the area and trying to minimize the disturbance. The hammerhead did meet the fire code. Alderman Marr: The minutes from the City Council meeting are in the packet, 1 am wanting the minutes from the original Planning Commission large scale discussion. Alderman Thiel: If we denied this vacation it wouldn't stop this project at all , it looks like it is just affecting one building, is that correct'? Mandy Bunch : It does of tect the project as permitted; it does considerably affect the number of units. I think that there are some changes that aren ' t preferred that could be made to process with the same density without the vacation, but I don' t believe that is the way that we want to proceed at all. Alderman Thiel: If we denied this vacation it would change the location of the buildings but it would not end the project? • • Gryy Council Maung Minutes June I5. 2LYA Page 12 of 12 Mandy Bunch : I think ways could be preceded to develop with the same density. One thing that we have done to maintain that existing building with the number of units up on the north line where the closest adjacent property owner is we actually have removed an entire building from that location. Keeping the more dense areas away from the currently developed areas has been a goal that we have tried to meet as well and that does that as well . Alderman Marr: It would kill it because if you have it as a condition of approval that never gets met then how can you continue. Kit Williams : That is absolutely correct. On page 22 of 36, condition 3 states approval shall be subject to the vacation of the 15 foot existing utility easement. If they don' t meet that condition they don' t have approval. Mayor Coody: That puts us back to that catch 22 that we have put upon them a condition that we will not allow them to fulfill . Alderman Rhoads moved to suspend the rules and go to the second reading. The motion failed for lack of a second. This ordinance was left on the first reading. Meeting Adjourned at 7 :50 pm Sondra Smith City Clerk Nominating Committee Report Meeting: Monday, June 7, 2004 Room 111 , City Hall 4:00 p.m. Members Present — Kyle Cook, Shirley Lucas, Don Marr, Robert Rhoads The Nominating Committee meeting was called to order at 4:00 p.m. CDT The following is being submitted to the entire City Council for consideration. Botanical Garden Society of the (harks, Inc. No applicants applied that met the qualification of being a registered voter and resident of the City of Fayetteville. The position that remains to be filled is as follows: • One Citizcn-At-large term ending 6/30/2007 Construction Board of Adjustments The Nominating Committee unanimously recommends the following candidate for appointment: • O.E. Luttrel, (previously served on the Construction Board of Adjustments) One Alternate term ending 3/31 /2005 Telecommunications Board The Nominating Committee unanimously recommends the following candidate for appointment: • Gregory Boyle One unexpired term ending TBD Tree & Landscape Advisory Board The Nominating Committee is not making any recommendations for appointment to this committee because the applicants that applied failed to show up for their committee interviews (without any notification to the City Clerk's office) and the committee felt it was important to evaluate further — based on the importance of attendance at the committee meetings. The positions that remain to be filled are as follows: • One unexpired Forestry term ending 12/31 /2004 • One unexpired Environmental term ending 12/31 /2004 • One University Representative term ending 12/31 /2005 Walton Arts Center Council, Inc The Nominating Committee had numerous applicants for this council, and reviewed the recommendations of the President/CEO of the Walton Arts Center, and recommends unanimously the following candidates for appointment: • Curt Rom Appointment, One term ending 06/30/2007 • Jeff Schomburger — Appointment, One term ending 6/30/2007 Walton Arts Center Foundation The Nominating Committee had one applicant for the foundation position, and received a recommendation from President/CEO of the Walton Arts Center for this individual, so the nominating committee recommends unanimously the appointment of: • Jeff Dunn — Appointment, One term ending 6/30/2007 Youth Activities Committee The Nominating Committee did not have any applicants for the Committee. Positions that remain to be filled are as follows: • One Parent term ending 6/30/2006 • One Ramay Student term ending 6/30/2005 V1nrKlln.h+on Q� (2) Conditional uses. (2) Conditional uses. Unit 2 - City-wide uses by conditional use permitUnit2 City-wide-we uses by conditional use permit Unit 19 Commercial recreation. small sites Unit 31 Facilities emitting odors and facilities handling Unit 20 Commercial recreation, large sites exolosives. Unit 28 Center for collecting recyclable materiasl Unit 36 1 Wireless communications faciRies Unit 36 Wireless communications facilities (C) Density. None. (C) Density. None. (D) Bulk and area regulations. None. (D) Bulk and area regulations. None. (E) Setback regulations. (E) Setback regulations. Front, when adjoining A or Front, when adjoining A or R districts 50 ft. R districts 100 ft Front, when adjoining C, I, or P districtsFront, when adjoining C, I or s 25 R P districts 50 ft. Side, when adjoining A or R districts 50 ft Slde, when adjoining A or R Side, when adjoining C, 1, or P districts loft districts 50 ft. Rear, when adjoining C I, or P districts loft Side, when adjoining C, I or P districts 25 ft. (F) Height regulations. There shall be no maximum height limits in 1-1 District, provided, however. I Rear 25 ft that any building which exceeds the height of 25 feet shall be set back from any boundary line of (F) Height regulations. There shall be no maximum any residential district a distance of one foot for height limits in 1-2 Districts, provided, however. each foot of height in excess of 25 feet. that any building which exceeds the height of 25 (G) Building area. None. feet shall be setback from any boundary line of any residential district a distance of one fool for - (Code 1965, App. A., Art 5(Vllp; Ord, No. 2351 , 6-2-77; Ord. each foot of height in excess of 25 feet. No. 2430, 3-21 -78; Ord. No. 2516, 4.3-79, Ord. No. 1747, 6- 29-70; Code 1991 , §160.039; Ord. No. 4100, §2 (Ex A), 6- (G) Building area. Ncne. 16.98; Ord. No. 4178. 8-31-99) (Code 1965, App, A., Art. 5(Ok); Ord, No. 2351 , 6.21-77; Ord. No. 2516, 4.3.79, Ord. No. 1747, 6-29-70; Code 1991 , 161 .21 District 1-2, General Industrial §160040; Ord. No. 3971 , §2, 5-21-96; Ord. No 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8.31 -99) (A) Purpose. The General Industrial District is designed to provide areas for manufacturing and 161 .22 District P-1 , Institutional industrial activities which may give nse to substantial environment nuisances, which are (A) Purpose. The Institutional District is designed !o objectionable to residential and business use. protect and facilitate use of property owned by larger public institutions and church related (B) Uses. organizations. (1) Permitted uses. (B) Usos. Unit 1 City-wide uses by right (1) Permitted uses. Unit 3 Public protection and utility facilities Unit 6 A riwiture Unit 1 C -wide uses by right Unit 7 Animal husbandry Unit 4 1 Cultural and recreational facilities Unit 12 Offices studios and related semcas unit 18 Gasoline service stations 8 drive-in restaurants (2) Conditional uses. Unit 20 Commercial recreation, large sites Unn 21 Ware-housing and wholesale Unit 2 1 C' -wide uses b conditional use permit Unit 22 Manufacturing Unit 3 Public fa protection and utif ditias Unit 23 Hea intlusirial Un126 Muti-farm dwellings Unit 28 Center for cdfectin r clabk matedaM Unit 36 1 Wireless communicational lities (C) Density. None. (D) Bulk and area regulations. None. CD161 :14 TITLE XV UNIFIED DEVELOPMENT CODE (E) Setback regulations. (E) Setback regulations. Front 30 R From a9 property lines Front, if parking is allowed between the right- 50 R (including street frontage) 200 ft. of-way and the building when contiguous to all R Side 20 fl. districts Side, when contiguous to a resldemial district 25 fl. From all property lines Rear 25 fl. (including street frontage) 100 ft Rear, from center line of public alley 10 R whon contiguous to P, A. C. and I districts (F7 Height regulations. There shall be no maximum height limits to P-1 Districts, provided, however, (Code 1991 , §160.047; Ord. No. 3546. 4-16-91 ; Ord. No. that any building which exceeds the height of 20 4100, §2 (Ex. A), 6-16-98, Ord. No. 4178, 8-31-99) feet shall be set back from any boundary line of 161 .24 Design Overlay District (I-540 any residential district a distance of one foot for each foot of height in excess of 20 feet. Highway Corridor) (G) Building area. On any lot the area occupied by (A) Purpose. The purpose of establishing a Design all buildings shall not exceed 60 % of the total Overlay District for the 1-540 Highway Corridor is area of such lot. as follows: (Code 1965. App. A., An. 5(X0; Ord. No. 2603; Ord. No. (1) To protect and enhance the distinctive 2603, 2-19-80; Ord. No. 2621, 4-1.80; Ord. No. 1747, 6-29- scenic quality of the 1-540 Highway Corridor 70; Code 1991 , §160.042; Ord. No. 4100, §2 (Ex. A), 6-16- b 98; Ord. No. 4178, e-31-99) y providing for nonresidential developments which will maximize preservation and 161 .23 District E-1 , Extraction enhancement of the natural, rural, and open character of the terrain and foliage. _ (A) Purpose. The Extraction District is designed to (2) To address the issues of traffic and safety. provide areas for the commercial removal of - natural accumulations of sand, clay, sdL gravel, (3) To address environmental concems which rock, and any mineral where such removal may include, but are not limited to, soil erosion, cause groundwater problems, noise, dust, traffic vegetation preservation, drainage and heat problems, erosion, and safety concerns. islands. (B) Uses. (4) To preserve and enhance the economic (1) Permitted uses. value and viability of property within and near the Overlay District for the 1-540 Unit 1 City-wide uses by night Highway Corridor. Unit 30 extractive uses (B) Overlay District boundaries. The Overlay District encompasses all lands lying within 660 feet of (2) Conditional uses. each side of the right-of-way of 1-540 from the intersection of 1-540 and State Highway 471 Una 2 C -wide uses by wndltional use permit (a/k/a 71B) north to the city limits of Fayettevil:e, (a/k/a the 71 Bypass and/or John Paul (C) Density. None. Hammerschmidt Expressway), and also that portion known as State Highway 4715 described (D) Bulk and area regulations. more fully as that porton of State Highway 471 which connects 1-540 to State Highway 471 (aAda - (1) Lot width minimum. North College) and all future extensions of 1-540 within the City of Fayetteville. Said boundaries Lot width min-arum The prop =adequata ment shall are set out on the official plat pages along with a have at leafrontage on legal description of such boundaries located in a stale roauate means the,Planning Division. of access ch sound landuse annin (C) Application of Overlay District: Regulations and standards. The regulations and standards (2) Lot area minimum. contained herein shall apply to all nonresidential properties, (including, but not limited to new Lot area minimum 10 aces development), located within the Overlay District boundaries. Such regulations and standards 00161 :15 = 6�arh as (2) Conditions! uses. (2) Candrtianat uses. Unit 2 sa=WfRifias use ! UNe 2 uses omhdtbnal use h UNI 19 tar Urt31 Famitbs em=ng odors and faces handling Urxt 20 Cormnerowilas loslvea UNI 28 Center for mmata,tsb Wlabss ccenunicatlons facilities Unit 36 Wh ins coi ies (C) Densly. None. . - (C) Density. None. (D) BuIX and area regrrfatlas. None. (D) Bulk and area regulations. Nona. ' (E) Setback regulations. (E) Setback regufations. Frond, when adjcining A or Front, when adjoining A or R districts 50 ti. R districts too n Front, when adjoining C, I, or P distdcb 25 fL noir, men arnhg C, I or PdWkts 50 It. Side when Or R dlsalW 50 R Side, when ad k&g A or R S'de when C TVP districts 10 dbNcb 50 0. - Rear, when adloMp C I or P districts 10 ft Side, when adjoining C, I or P dbtrkb 25 R (F) Height reguladons. There shell be x10 maximum height limb in �1 District Provided, however, Rear 25 rt. that any building which exceeds the height of 25 feet shall be set back from any boundary Ina of (F) Height regulations. There shall be no maximum any residential district a distance of one foot for height 9rnits In 1-2 Districts, Provided, however, each foot of height In excess of 25 feet that any building which exxeeds the height of 26 (G) Buddmgarea. None. feet shall be setback from any boundary line of arry residential district a distance of one foot for (Code 1664, App. A., Art 5(VIU); Ord. Na 2551, 0-2-77; Ort each foot of height in excess of 25 feet. No. 2430, 3,21-78; Ord. No. 2516, 4-3-79, Ord. No. 1747, 8- 29-70; Code 1891 , 4160.039 Ord. No. 41000 §2 (6c A), 6. (G) Building area. ' None. 16-08; Ord. No. 4178, 8-314M (Code 1886. App. A., Art 5M; Ord. No. 235115-21-77; Ord. No. 2518, 43.79: Ord. No. 1747, 5-29-70; Cods 1991, 161.21 District 1-2, General Industrial $160.040; Ord No. 3971, §2, 5.21496; Ord. No. 4100, §2 (Ex A), 6-15-98: oro. No. 4179, 831-09) (A) Purpose. The General Industrial District is 161 .22 District P1 , Institutional designed m provide areas for manufakAutrg en - d . industrial activities which may give rise to substantial amilroment nuisances, witich we (A) Purpose. The institutional District Is designed to objectionable to residential and business use. Protect and facilitate use of property owned by - - larger public institutions and church related (6) Uses. organizations. (1) Pemddad uses. (B) Uses. Unit 1 e uses bv rigM (1) ParmHted uses. Unit 3 Phdik pmtacfiw and Utility fauffifts trNt B unit t 1 CkyAvkie uses by right UraI7 2n=ndry I Unft4 1 $ demi ami reasallorel fadlitin Unit 12 Olikoest sWAos and related seMces Unit 18 Oasollne service stations 6 drMan mstauiin (2) Conditions! uses. Und 20 Cahanercial reae0on efts Unt121 Warehousing and Wholesale UM 2 uses oondblonat use . Unezz Und3 Public protiection and UtMy ts011M UNI 23 1 Heavir 9=1t Unit 26 eAuQFfarnl dwatl Una 26 Center for bmaterleb unit 38 1 Wireless communications fad0tles (C) Density. None. (D) &A andarearoguladons. Norm. CD161:14 ' . . 1 • . I \ o : 1 •In •a •1 I :