Loading...
HomeMy WebLinkAbout2004-10-05 - Agendas - Final Aldermen Ward 1 Position I - Robert Reynolds Mayor Dan Coody Ward I Position 2 - nrcnda 'l'hiel Ward 2 Position I - Kyle B. Cook City Attorney Kit Williams Ward 2 Position 2 - Don Marr aTe e� Ward 3 Position I - RobertK Rhoads City Clerk Sondra Smith Ward 3 Position 2 - Conranrad Odom ARKANSAS Ward 4 Position I - Shirley Lucas Ward 4 Position 2 - Lioncld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting October 5, 2004 A meeting of the Fayetteville City Council will be held on October 5, 2004 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Fayetteville Natural Heritage Committee Presentation Approval of Board and Committee Appointments: The Mayor has appointed the following City Council Aldermen to serve upon various Boards and Committees Audit Committee: Brenda Thiel Northwest Regional Planning Commission: Shirley Lucas Sidewalk and Trails Task Force: Kyle Cook Street Committee: Conrad Odom Ordinance Review Committee: Conrad Odom A. CONSENT: 1 . Approval of the Minutes: Approval of the September 7 and the September 21 , 2004 City Council meeting minutes. APPROVED. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) aceessfayetteville.org 2. National Incident Management System (NIMS) Adoption: A resolution adopting The United States Department of Homeland Security's National Incident Management System (NIMS) as the official management system for use at all fire, emergency medical, and rescue emergency incidents. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 150-04, 3. McClelland Consulting Engineers, Inc. Contract: A resolution to approve an engineering contract with McClelland Consulting Engineers, Inc. for the design and bidding phase service for the Mount Sequoyah Pressure Plane Improvements Project in a not to exceed amount of $ 1427 310.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 151 -04. 4. Multi-Craft Contractors, Inc. Contract/Rebuilding of the Wiese-Flow Screens: A resolution approving a contract with Multi-Craft Contractors, Inc. for the rebuilding of the wiese-flow screens at the Noland Wastewater Treatment Plant in the amount of $72,514.00; and approving a budget adjustment transferring $55, 138.00 to the Pumps and Equipment Capital Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 152-04. 5. Multi-Craft Contractors, Inc. Contract/Emergency Repairs: A resolution approving a contract with Multi-Craft Contractors, Inc. for emergency repairs to secondary clarifier No. 1 at the Noland Wastewater Treatment Plant in the amount of $42, 120.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 153-04. B. OLD/UNFINISHED BUSINESS 1 . Kimbel Plumbing, Inc. Contract Award: A resolution awarding a construction contract in the amount of $365,945 .00 to Kimbel Plumbing, Inc . for the Accelerated Water line Replacement Project Phase 11 ; and approving a project contingency in the amount of $54,891 .00 for same. This Resolution was tabled at the September 21, 2004 City Council meeting to Hee October S, 2004 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 154-04, 2. Planning Commission Appeal of Pipers Glen Subdivision: An appeal of the Planning Commission's approval of the Pipers Glen Subdivision Preliminary Plat. This item was tabled at the September 21, 2004 City Council Meeting to the October 5, 2004 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 155-04, 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayencv i I Ic.org 0 0 3. Amend Title XI : Chapter 117, Article IV: Taxicabs & Article V : Limousines: An ordinance amending Title XI: Chapter 117, Article IV : Taxicabs and Article V : Limousines of the Code of Fayetteville. This ordinance was left on the first reading at the September 21, 2004 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4623, C. NEW BUSINESS: 1 . Sales and Use Bond Issue (WSIP): An ordinance authorizing the issuance and sale of not to exceed $35,000,000 of Sales and Use Tax Capital Improvement Bonds, Series 2004, by the City of Fayetteville, Arkansas for the purpose of financing a portion of the cost of improvements to the City's wastewater treatment, sewerage and related facilities; authorizing the execution and delivery of a supplemental trust indenture pursuant to which the Series 2004 Bonds will be issued and secured; authorizing the execution and delivery of an official statement pursuant to which the Series 2004 bonds will be offered; authorizing the execution and delivery of a bond purchase agreement providing for the sale of the Series 2004 bonds; authorizing the execution and delivery of a continuing disclosure agreement; and prescribing other matters relating thereto. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4624. 2. Tyson Foods, Inc. Offer and Acceptance: A resolution approving an Offer and Acceptance contract between the City of Fayetteville and Tyson Foods, Inc. for the purchase of property located at 1851 East Huntsville Road in the amount of $ 1 , 100,000.00; and approving a budget adjustment in the amount of $4,000.00 to cover appraisal and closing costs. THIS ITEM WAS TABLED TO THE NOVEMBER 16, 2004 CITY COUNCIL MEETING. 3. Sale of Property to Springdale Water Utilities: A resolution approving the Offer and Acceptance contract between the City of Fayetteville and the Springdale Water and Sewer Commission for the sale of land and easements located along Ivey Lane in northeast Fayetteville for the appraised value of $ 110,450.00; and authorizing the Mayor and City Clerk to execute said agreement. THIS ITEM WAS TABLED INDEFINITELY. 4. Exclusive Water Service Line Modification : A resolution to approve a modification of the exclusive water service line boundary between Fayetteville and Springdale by transferring 77.5 acres into Springdale' s exclusive water service area. THIS ITEM WAS TABLED INDEFINITELY. 5. State and Tribal Assistance Grant Application: A resolution authorizing the Mayor to apply for and accept a State and Tribal Assistance Grant (STAG) for the U .S . Environmental Protection Agency for sanitary sewer system improvements; designating the Mayor as the City's authorized representative in all matters relating to the 113 Wcst Mountain 72701 (479) 521 .7700 (479) 575-8257 (Fax) acccssfayettevi11c.org procurement and•ministration of said grant; and approving a budget adjustment recognizing $ 1 ,060,500.00 in grant revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 156-04, 6. Municipal Judge Retirement Fund: A resolution authorizing payment of $464,483 .00 to the Arkansas District Judge Retirement System (ADJRS) to cover the City's initial unfunded liability for new state-mandated pension plans for the District Judge and the District Court Clerk; closing the Municipal Judge Retirement Fund; and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 157-04. 7. Millage Tax Levy Extension: A resolution to request that the Washington County Judge and the Washington County Clerk apply to the Director of the Assessment Coordination Division of the PSC for a sixty day extension of the date to levy millage. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 158-04. 8. RZN 04-1166 (Sloan Properties): An ordinance rezoning that property described in rezoning petition RZN 04- 1166 as submitted by Raymond Smith on behalf of Sloan Properties for property located east of Broyles Avenue and south of Persimmon Street containing approximately 22.94 acres from R-A, Residential Agricultural to RSF-4, Residential Single Family, Four Units Per Acre. THIS ITEM WAS LEFT ON THE FIRST READING, 9. RZN 04-1167 (McBryde): An ordinance rezoning that property described in rezoning petition RZN 04- 1167 as submitted by Raymond Smith on behalf of Bryan McBryde and Sloan Properties for property located at the end of Rupple Road, south of Persimmon containing approximately 5 .01 acres from R-A, Residential Agriculture to RSF-4, Residential Single Family, Four Units Per Acre. THIS ITEM WAS LEFT ON THE FIRST READING. 10. Sale of 35 Acres of the West Wastewater Treatment Plant: A resolution of authorization to sell 35 acres of City land south of Persimmon Street and west of Broyles Road. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 159-04. 11 . Benham Companies, Inc. Settlement: A resolution to approve a settlement with Benham Companies, Inc. in which Benham pays $50,000.00 in satisfaction of additional employee time and supplies needed for the Dickson Street Enhancement Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 160-04. D. INFORMATIONAL: Council Tour: October 4, 2004 — 4:30 pm - Street and Engineering Projects. MEETING ADJOURNED AT 7: 10 P.M. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) acccss fayettev i I Ic.org D �/ City Council 'lectin}; October 5,904 .-�- �� �l/U-- / a / /" A� Subject : Motion To: Motion By: Seconded: Marr Rhoads Odom IiA Lucas < (m s ✓ P Jordan Reynolds Thiel Q/ `7 0 Cook rD , F. N� Mayor Coody )/ Subject: 6 0A1tU S . 16J� v c Motion To: Motion By: Seconded: gn OL0 _ iN7arr p_,6 S,�� P".,d.fj Rhoads ,Cx 8 S.� Odom vol� OLucas CA Jordan Reynolds Thiel Cook 17ayor Coody City Council Meeting October 5.904 • Subject : Motion To: am"o-� Motion By: plc„ Seconded: � Marr Qb . 4e. Rhoads dA hOdom 160/ d D guess. �b - F� Jordan � f OReynolds ✓ 15v Thiel ' b Cook 153 ' Mayor Coody Subject : Motion To: Motion By: a � Marr } I Rhoads ` Odom Lucas ] Jordan Reynolds Thiel Cook Dlavor Coodv City Council Meeting October 5�t104 0 Subject : 'M Q n R h S Motion To: ► • ,(Al to. (,k.4� w ` - QNLGA. Motion By: � Seconded: Marr (� 1 Rhoads Odom ✓ Lucas OA Jordan ✓ Reynolds ✓ Thiel Cook ✓ Mayor Coody Subject : 'Q —r( zX (-gd. (nJJJJ 7 Motion To: Motion By: Nwt�i/ Seconded: MSL NkQNv Marr ✓ e 3 C@ J c d sem' OA Rhoads pQ d Odom ✓ ✓ ✓ 1Ue � x"ll Lucas 26 e14� 01Z 5A , j aA $,t ...'t" Jordan / ✓ Lo - 0 n Reynolds � ✓ ✓ ` ^ Cook ✓ l� ��j Mayor Coody City Council Meeting October 5,004 • Subject : I� � Ortof S Q_ Motion To: �� /� J Motion By: I L,�ait Qrlu(auE Seconded : drw Al al1N /0 • Marr ✓ i/ v I Rhoads Odom ". ..&) Lucas �-Y" Jordan / (YReynolds ,/ ✓ ✓ p/ Thiel q (PA , Cook Mayor Coody Subject : '1Or� � O0da , Motion To: Motion By: �G Seconded: Marr i✓ V Rhoads OA Odom Lucas Jordan 5 / Reynolds "I'hiel Cook IMayor Coody N � City Council Meeting October 5004 • Subject: cS- 1 _ / HJ Motion To: Motion By: Seconded: A Marr ✓ Ci Rhoads t� Odom ✓ bA.XAp 7MA'd' Lucas al IC4.0� Jordan Reynolds ,✓ Thiel ✓ • Cook Mavor Coodv Subject: . lh l�- Motion To: CVI'70 Motion By: Seconded: r Marr ,✓ v ' Rhoads Q dSac�� C Odom ✓ Lucas ( B SR 4 Jordan ✓ / Reynolds ✓ "Thiel ✓ Cook Mayor Coody City Council N-leeting October 5,904 Subject : F G ¢� I l i S� a� CC Motion To: / Motion By: Mom Seconded: n S, Marr Rhoads ca st4 Odom ✓ Lucas Jordan ✓ Reynolds ✓ 'rniel Cook ✓ Mayor Coodv Subject: M � , ie 0-0 12e �LAXAUeAJ A—U Motion To: Motion By: Seconded: Q�vv Marr ✓ C Rhoads Qd sof Odom r . Q Lucas Jordan PReynolds Dq 'thiel ✓ ' Cook I � � f%layor Coody City Council Meeting October 5904 • Subject : 1 Motion To: Motion By: V Seconded : ��-p-� i I -6uh;w Tarr ✓ IVn f� Rhoads } V Odom O Lucas G.b ie k Jordan Reynolds ✓ �$ 04 Thiel Cook Mayor Coody Subject: Z N O4 — / 1 (o ( .Anti Motion To: Motion By: Seconded : Marr AI e 8 Rhoads (� } AW Odom Lucas ON Jordan Reynolds "thiel ' J Cook Mayor Coody City Council Meeting Octobcr 5,x'004 • Subject: K z tj Motion To: Motion By: Seconded: Marr. Rhoads V Odom Lucas CSS u }� Jordan n Reynolds Thiel Q� Cook Fl Mayor Coody Subject: �. C, 6 Motion To: 421z" V� Motion By: Q- v Seconded: ��� Marr Rhoads Odom t/ Ai Lucas (� Jordan 1 - , 0 Reynolds I JJ Thiel PCook Mayor Coody City Council Meeting October 5,004 Subject: 73 p,,n Aa�r. &t6"44 Motion To: n Motion By: 8� ct�� Fon AAX Seconded: Marr ✓ . / � Rhoads A " 1 Odom ✓ 6 ; &tW Lucas QA C{ .Jordan ✓ Reynolds / Thiel P Cook Mayor Coody Subject : Motion To: Motion By: Seconded: Marr Rhoads Odom Lucas Jordan Reynolds Thiel Cook Mayor Coody Aldermen Ward 1 Position I - Robert Reynolds Mayor Dan Coody ��. Ward I Position 2 - Brenda Thiel Ci Attorney Kit Williams Q Ward 2 Position I - Kyle B. Cook City Y i Ward 2 Position 2 - Mn Mart ry I � H LI Ward 3 Position I - Robert K. Rhoads Ci Clerk Sondra Smith l j , Ward 3 Position 2 - Conrad Odom ARKANSAS Ward 4 Position I - Shirley Lucas Ward 4 Position 2 - Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting October 5, 2004 A meeting of the Fayetteville City Council will be held on October 5, 2004 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Fayetteville Natural Heritage Committee Presentation Approval of Board and Committee Appointments: The Mayor has appointed the following City Council Aldermen to serve upon various Boards and Committees Audit Committee: Brenda Thiel Northwest Regional Planning Commission : Shirley Lucas Sidewalk and Trails Task Force: Kyle Cook Street Committee: Conrad Odom Ordinance Review Committee: Conrad Odom A. CONSENT: 1 . Approval of the Minutes: Approval of the September 7 and the September 21 , 2004 City Council meeting minutes. 2. National Incident Management System (NIMS) Adoption: A resolution adopting The United States Department of Homeland Security's National Incident Management System (NIMS) as the official management system for use at all fire, emergency medical, and rescue emergency incidents. 3. McClelland Consulting Engineers, Inc. Contract: •solution to approve an engineering contract with McClelland Consulting Engineers, Inc. for the design and bidding phase service for the Mount Sequoyah Pressure Plane Improvements Project in a not to exceed amount of $ 142, 310.00. 4. Multi-Craft Contractors, Inc. Contract/Rebuilding of the Wiese-Flow Screens: A resolution approving a contract with Multi-Craft Contractors, Inc. for the rebuilding of the wiese-flow screens of the Noland Wastewater Treatment Plant in the amount of $72,514.00; and approving a budget adjustment transferring $55, 138.00 to the Pumps and Equipment Capital Project. 5. Multi-Craft Contractors, Inc. Contract/Emergency Repairs: A resolution approving a contract with Multi-Craft Contractors, Inc. for emergency repairs to secondary clarifier No. 1 at the Noland Wastewater Treatment Plant in the amount of $42, 120.00. B. OLD/UNFINISHED BUSINESS 1 . Kimbel Plumbing, Inc. Contract Award: A resolution awarding a construction contract in the amount of $365 ,945 .00 to Kimbel Plumbing, Inc. for the Accelerated Water line Replacement Project Phase ll; and approving a project contingency in the amount of $54,891 .00 for same. This Resolution was tabled at the September 21, 2004 City Council meeting to the October S, 2004 City Council meeting. 2. Planning Commission Appeal of Pipers Glen Subdivision: An appeal of the Planning Commission's approval of the Pipers Glen Subdivision Preliminary Plat. This item was tabled at the September 21, 1004 City Council Meeting to the October 5, 2004 City Council meeting. 3. Amend Title XI : Chapter 117, Article IV: Taxicabs & Article V: Limousines: An ordinance amending Title XI: Chapter 117, Article IV: Taxicabs and Article V: Limousines of the Code of Fayetteville. This ordinance was left on the first reading at the September 21, 1004 City Council meeting. C. NEW BUSINESS: 1 . Sales and Use Bond Issue (WSIP): An ordinance authorizing the issuance and sale of not to exceed $35,000,000 of Sales and Use Tax Capital Improvement Bonds, Series 2004, by the City of Fayetteville, Arkansas for the purpose of financing a portion of the cost of improvements to the City's wastewater treatment, sewerage and related facilities; authorizing the execution and delivery of a supplemental trust indenture pursuant to which the Series 2004 Bonds will be issued and secured; authorizing the execution and delivery of an official statement pursuant to which the Series 2004 bonds will be offered; authorizing the execution and delivery of a bond purchase agreement providing for the sale of the Series 2004 bonds; authorizing the execution and delivery of a continuing disclosure agreement; and prescribing other matters relating thereto. 2. Tyson Foods, Inc. Offer and Acceptance: A resolution approving an Offer and Acceptance contract between the City of Fayetteville and Tyson Foods, Inc. for the purchase of property located at 1851 East Huntsville Road in the amount of $ 1 , 100,000.00; and approving a budget adjustment in the amount of $4,000.00 to cover appraisal and closing costs. . • • 3. Sale of Property to Springdale Water Utilities: A resolution approving the Offer and Acceptance contract between the City of Fayetteville and the Springdale Water and Sewer Commission for the sale of land and easements located along Ivey Lane in northeast Fayetteville for the appraised value of $ 110,450.00; and authorizing the Mayor and City Clerk to execute said agreement. 4. Exclusive Water Service Line Modification: A resolution to approve a modification of the exclusive water service line boundary between Fayetteville and Springdale by transferring 77.5 acres into Springdale's exclusive water service area. S. State and Tribal Assistance Grant Application: A resolution authorizing the Mayor to apply for and accept a State and Tribal Assistance Grant (STAG) for the U .S. Environmental Protection Agency for sanitary sewer system improvements; designating the Mayor as the City's authorized representative in all matters relating to the procurement and administration of said grant; and approving a budget adjustment recognizing $ 1 ,060,500.00 in grant revenue. 6. Municipal Judge Retirement Fund: A resolution authorizing payment of $464,483.00 to the Arkansas District Judge Retirement System (ADJRS) to cover the City' s initial unfunded liability for new state-mandated pension plans for the District Judge and the District Court Clerk; closing the Municipal Judge Retirement Fund; and approving a budget adjustment. 7. Millage Tax Levy Extension: A resolution to request that the Washington County Judge and the Washington County Clerk apply to the Director of the Assessment Coordination Division of the PSC for a sixty day extension of the date to levy millage. 8. RZN 04-1166 (Sloan Properties): An ordinance rezoning that property described in rezoning petition RLN 04- 1166 as submitted by Raymond Smith on behalf of Sloan Properties for property located east of Broyles Avenue and south of Persimmon Street containing approximately 22.94 acres from R-A, Residential Agricultural to RSF4, Residential Single Family, Four Units Per Acre. 9. RZN 04-1167 (McBryde): An ordinance rezoning that property described in rezoning petition RLN 04- 1167 as submitted by Raymond Smith on behalf of Bryan McBryde and Sloan Properties for property located at the end of Rupple Road, south of Persimmon containing approximately 5 .01 acres from R-A, Residential Agriculture to RSF-4, Residential Single Family, Four Units Per Acre. 10. Sale of 35 Acres of the West Wastewater Treatment Plant: A resolution of authorization to sell 35 acres of City land south of Persimmon Street and west of Broyles Road. 11 . Benham Companies, Inc. Settlement: A resolution to approve a settlement with Benham Companies, Inc. in which Benham pays $50,000.00 in satisfaction of additional employee time and supplies needed for the Dickson Street Enhancement Project. D. INFORMATIONAL: Council Tour: October 4, 2004 — 4:30 pm - Street and Engineering Projects Gly CouMil Mtt7mg MinmLs Sepicmba 7, 2004 Page I of 24 City Council Meeting Minutes September 7, 2004 A meeting of the Fayetteville City Council was held on September 7, 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, Odom, Lucas, Jordan, Mayor Coody, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Mayor Coody called the meeting to order. Alderman Rhoads was absent until the Consent Agenda. Alderman Marr moved to add the Nominating Committee report to the agenda. Alderman Jordan seconded the motion. Upon roll call the motion passed 7-0. Alderman Rhoads was absent during the vote. Alderman Marr moved to ratify the Fayetteville ( lousing Authority's appointment of Richard Royal to the Fayetteville Housing Authority Board of Commissioners. Alderman Cook seconded the motion. Upon roll call the motion passed 7-0. Alderman Rhoads was absent during the vote. Alderman Jordan moved to appoint Alderman Don Marr to the Advertising and Promotion Commission. Alderman Lucas seconded the motion. Upon roll call the motion passed 6-0. Alderman Rhoads was absent during the vote. Alderman Marr abstained. CONSENT : Approval of the Minutes: Approval of the July 27, 2004 Tax Increment Financing (TIF) Public I learing minutes and the August 3, 2004 City Council meeting minutes. Mailco USA, Inc. Contract : A resolution to approve the low bid for a mail processing contract from Mailco, USA, Inc. for an estimated amount of $261 ,670.00. Resolution 127-04 as Recorded in the Office of the City Clerk. Department of Homeland Security Fire Prevention Grant : A resolution authorizing the Fayetteville Fire Department to apply for a Department of Homeland Security Fire Prevention and Safety Grant in an amount of approximately $200,000.00 for enhanced fire prevention programs. Resolution 128-04 as Recorded in the Office of the City Clerk. • • City Council Meeting Minutes September 7, 2004 Page 2 of 24 Amber Drive Drainage Improvements Contract with Cando, Inc.: A resolution to approve a construction contract with Cando, Inc. for Amber Drive drainage improvements in the amount of $71 ,703 .40, plus a contingency of $ 15,755 .51 . Resolution 129-04 as Recorded in the Office of the City Clerk. Purchase of One 4x2 Crew Cab Truck for Parks : A resolution approving the purchase of one ( 1 ) 4x2 Crew Cab Truck with dump body from North Point Ford of North Little Rock in the amount of $36,292.00. Resolution 130-04 as Recorded in the Office of the City Clerk. Purchase of One F-550 4x4 Truck with Crane for Water & Sewer: A resolution approving the purchase of an F-550 Extended Cab 4x4 Truck from Ron Blackwell Ford in the amount of $457904.50. Resolution 131-04 as Recorded in the Office of the City Clerk. Purchase of One Extended Cab 4x4 Truck with Utility Body for Water & Sewer: A resolution approving the purchase of one ( 1 ) Extended Cab 4x4 Truck with utility body from Ron Blackwell Ford in the amount of $39, 105.42. Resolution 132-04 as Recorded in the Office of the City Cleric Purchase of One 4x4 Truck with Van Body for Water & Sewer: A resolution approving the purchase of one ( 1 ) 4x4 Truck with Van Body and Television Sewer Line Inspection Equipment from SWECO in the amount of $ 169,450.00; and approving a budget adjustment in the amount of $ 116,000.00. Resolution 133-04 as Recorded in the Office of the City Clerk. Purchase of Two 4x2 Crew Cab Trucks with Dump Bodies for Transportation : A resolution approving the purchase of two (2) 42 Crew Cab Truck with dump bodies from North Point Ford of North Little Rock in the amount of $72,584.00. Resolution 134-04 as Recorded in the Office of the City Clerk. Ramsey, Krug, Farrell & Lensing Contract: A resolution approving a contract with Ramsey, Krug, Farrell & Lensing, in an amount not to exceed $29,280.00 to provide insurance brokerage services to the City of Fayetteville. Resolution 135-04 as Recorded in the Office of the City Clerk. Laureate Fields Subdivision Park Land Dedication Waiver: A resolution to approve an agreement to accept lesser dedication of park land from Old Towne LLC in lieu of its development of its dedicated three acre Neighborhood Park. Resolution 136-04 as Recorded in the Office of the City Clerk. Gly Council MttYing Minula SL7ncinbc 7. 2061 Page 3 or 24 Alderman .Iordan moved to approve the Consent Agenda as read. Alderman Reynolds seconded the motion. Upon roll call the motion passed unanimously. OLD BUSINESS: Arkansas Highway & Transportation Department Highway 265 Improvements: A resolution expressing the intent of the Fayetteville City Council to participate with the Arkansas Highway and Transportation Department on improvements to Highway 265 from Highway 45 to the northern City limits. Alderman Thiel stated that the Council had just received a summary of the city wide traffic and transportation study and implementation recommendations. She asked for an explanation from staff of how the Council can adopt both that study and the costs associated with it and this resolution. She wondered how they could both be funded. Mayor Coody said that decision would be up to the City Council . He said there were several options available and those options could be discussed any time the Council wants to discuss them. Options include use of Amendment 78 monies, asking the voters to reauthorize the '/. cent sales tax that is currently going to the County jail construction or sale of land owned by the City. He said there were plenty of funding options available. He stated the decision would only be made after a great deal of public input. Steve Davis, Director of Finance and Internal Services mentioned other possible options: capping the sales tax growth for existing planned projects and dedicating any sales tax growth that we have for capital projects to a specific project . Any increase in investment earnings that might accrue over a period of three or four years could be used to build a sum of money to pay for this project. Mayor Coody opened the Floor for public input. Fran Alexander asked the Mayor to outline the process for how the public will have input with the Highway Department and with the City about the extension of Highway 265 . She felt that the design was very important. Mayor Coody stated the City has developed a good working relationship with the Highway Department over the past few years. He used Gregg Street from Johnson to Township as an example of how public input has impacted the design of a State highway. He stated that City staff worked with the Highway Department staff to modify the original design of that highway, adding green space and an 8 foot sidewalk. Two public hearings were held with that project and Mayor Coody felt that the Highway Department would likely have at least that many hearings on this project. Fran Alexander asked if there was the possibility of' giving the public several months' notice to prepare input for the Highway Department before the public hearings. She felt the Department had already pretty much made their decisions by the time public hearings were scheduled. She felt the public should have earlier input. She asked for a schedule of meetings up front so the public can figure out how to go through the process. • • City Council Meeting Minutes September 7, 2004 Page 4 of 24 Tim Conklin said his staff has developed a good working relationship with the Highway Department. Planning has been pushing for boulevards and streets that meet the City' s Master Street Plan and street standards, with wider green strips and sidewalks. Typically he said the Highway Department will have a series of public hearings. He said he can work on getting out the information to the citizens once the Highway Department notifies his office. The City can also ask for more lead time to make sure everyone is aware of what is going on. Linda Ralston asked a question regarding the expansion between Highway 45 and Highway 265 and why it was done the way it was done. Mayor Coody asked if anyone on the Council was involved with City government at that time who might have a memory of this project and why it was done as it was done. Alderman Odom said he had a very vague recollection of the process and believed that the City had very little input on how it was done. The Highway Department made the decisions. Alderman Lucas asked if this resolution would bind the Council to come up with the money if none of the possible funding options could be implemented. Mayor Coody said it is his understanding that a resolution is simply a statement of intent and does not bind the Council . Kit Williams: A resolution to pass a contract would bind the Council but this is simply a resolution of intent and is not binding. It is not something you want to do if you are not intending to do it. It expresses your intent. Alderman Lucas: Voiced her concern with other streets that are higher on her list of priorities that Highway 265. Mayor Coody said we do not have to choose between Highway 265 and everything else. Alderman Cook said he struggles with Highway 265 being tagged as a bypass because it is not a true bypass. There will be multiple curb cuts and cars pulling onto the highway with the traffic continuing to be heavy. He said he doesn't want to abandon the idea of a true eastern bypass. He feels this is a very expensive Band-Aid for the problem of access on the eastern side of town. Mayor Coody: This would act simply as a temporary eastern bypass, alleviating some of the through-town traffic now going through neighborhoods to reach 1-540 to go north or south. A true eastern bypass will definitely have to be a State project. Alderman Cook agreed with the Mayor's comments but said that every plan starts with an idea and if you don't push the idea, it will never happen. He said he would feel much better about the Highway 265 project if it could be made into a boulevard. Mayor Coody stated that he hoped to be able to work with the Highway Department to eliminate the "suicide" lane concept. Alderman Rhoads moved to approve the resolution. Alderman Odom seconded the motion. Upon roll call the resolution passed unanimously. City Council Mcding h1inma Scy(cmbu 7. 2004 Page 5 of 24 Resolution 137-04 as Recorded in the Office of the City Clerk NEW BUSINESS : SouthPass Development Company Purchase Option Transfer: A resolution authorizing the Mayor to execute an agreement with SouthPass Development Company to accept 200 acres of park land, a 10 acre water tank site, one million dollars for park land development and other consideration fi)r the City' s acceptance of ownership of a 33 acre landfill . Mayor Coody explained that this is only a resolution. There are sonic contingencies and the contract is not being signed tonight. Alderman Lucas asked if the City is going to spend money to survey the property before everything has been settled. Gary Dumas : The City will be responsible for surveying the 200 acre park once the developer has retained their master planning consultant, working with the City to define what the perimeter will be. "rhe City will also be responsible at some point to cover the survey expenses for the 800 acre parcel. Alderman Lucas: That being the case, if the Greenland School District does not agree to allow the parcel to be transferred to the Fayetteville School District, would the developer not have to give the City the S I million for the park and we wouldn' t get the 200 acres? Gary Dumas: The City would want to wait to do the surveying until some of those earlier contingencies are resolved. Alderman Lucas said so we won' t spend any money until those contingencies arc resolved is that the game plan? She thinks this is a wonderful idea, Ward 4 needs a park and it would be good for the City, but she is concerned about the school district issue and that that issue may keep us from getting the property for the park. Gary Dumas : The school district issue is a major issue and the developers are well aware of that. The City won't go forward until that is resolved. Alderman Rhoads said he thought he was hearing two different things. He asked if the City will survey. Gary Dumas : The City will be responsible for the survey, which will cost something less that 550,000. Alderman Rhoads asked if the City can waive contingencies. Kit Williams: The City and the developer can mutually do that, but this is basically the developer' s requirement not the City's so it would be up to the developer. Alderman Reynolds asked if the City is going to make any move on the project before we find out if we will be getting the S1 . 5 to 53 . 5 million cleanup five from ADEQ. • • City Council Meeting Minutes September 7, 2004 Page 6 of 24 Gary Dumas: Staff has been in contact with ADEQ today and they indicated that funding is available and there would be no requirement for either the City or the property owner to refund the post closure trust fund. However they have indicated that they will not provide that assurance to us, as a third party, in writing. They explained that their legal counsel is the legal Counsel for ADEQ and not for the property owner or for the City. The City Attorney will be in contact with them and we may have more information later. Kit Williams said he plans to write to their legal counsel with his interpretation of what the statute means in the matter of whether or not the City or the owner would have to repay the $ 1 .5 to $3 .5 million. He said that his interpretation is that we would not have to repay the amount but he wants to make sure that ADEQ' s legal counsel agrees to that in writing before the City goes forward. He thinks they will respond. If they do not, he recommends that the City ask for an opinion from the Attorney General . Alderman Cook had several constituents ask him about the landfill. He asked for information about the current situation with the landfill, what the corrective actions will be and whether the City might be liable in the future if something comes up that we don't foresee at this time. Gary Dumas: ADEQ will be preparing a plan for what the remedial action will be for the landfill. The early indications in the Terracon report were that corrections would be made along the stream that runs through the landfill and a recapping. The magnitude of that recapping is something that ADEQ will have to determine. The remediation to the creek could be some type of channelization or a rerouting of the creek around the landfill . ADEQ' s specialists will have to determine how they want to spend the money. Mayor Coody said that the running water is not so much a creek as it is wet weather drainage. Kit Williams : One of the things the City is bringing to the table in this agreement is potential future liability for this landfill . I hope the City will never face that though we may face it even without the agreement since it is City of Fayetteville trash in the landfill. At this point it looks like the Post Closure Trust Fund will be able to pay for the entire fix and not have to come back to the City to get money back. I want to make sure of that before I say more. The developers don't want to own the landfill . The proper owner for the landfill would be the government because we can do the best job of making sure it continues to not be a threat to the community. I believe this is one of the major things the City brings to the table with this agreement and it is why we are getting 200 acres for free and $ 1 million for the park. The landfill was only open a couple of years and was closed in 1976, for the last 28 years it has been sitting there and now needs remediation. I can' t say that more remediation might not be necessary in another 30 years and I can' t say who would be responsible for that remediation at that point. Alderman Cook: The Terracon report did not say anything negative; it sounded fairly good. Gary Dumas: The only material in the landfill is normal municipal garbage and they found no indication of anything more there. Since it has been fairly stable this far and if the State does corrective actions at this time, there is a likelihood that there will be no other action required. But there is also the possibility that there could be some methane gas or other issues that would have to be dealt with just as with any landfill. City Council Mccting Mmula Scplmbc 7, 2004 Pagc 7 of 24 Alderman Cook has also been asked what will happen to the rest of the parks system if this amount of money is used on this park. Gary Dumas : This will be a major addition to the parks system and with any major addition of any infrastructure element, whether ics new subdivisions and streets or police and fire there is going to be a cost. The initial revenue that has been identified would be the revenue that is currently spent for maintenance of the Lewis Soccer Complex . That money will be available for transition when the complex is returned to its current owner. There will be other funding issues that will have to be addressed as the park is developed through the various stages over the next 4 to 7 years. Mayor Coody: Where would the funds come from the Park Development Fund? Gary Dumas: Park Development funds will probably not be sufficient to develop the park completely in the 4-7 years timeframe. The operational and maintenance funds cannot come from Parks Development. Mayor Coody: But if we had a ten year time span, it would be easier to absorb over time. The other factor is this would be able to handle regional competition and would generate income. Alderman Cook asked if the City is still in a match situation if we get S I million will we have to match that with $ 1 million. Gary Dumas: The contract as written says we will spend what is available in the Parks Development Fund through 2005. In the currently adopted CIP for 2004-2008 $ 1 .62 million is in this fund right now. There will be some expenditure from that, probably around $50,000 for the survey. Alderman Cook: So we are dedicating S 1 .62 million dollars not just a million dollar match we are dedicating $ 1 .62 million? Gary Dumas: It is money that is already in the adopted CIP. Mayor Coody opened the floor for public comment, asking that comments be kept brief so that all would be allowed to speak. He encouraged civility from all parties. Sharon Davidson stated that she is in favor of a community park and thinks that the Cummings property is a good piece of property for a lot of reasons. However, she asked the Council to not move forward with this particular SouthPass proposal . She does not believe this is the appropriate way to go with this developer. She does not want to use Wilson Springs money for roads and suggested using the money instead to purchase this property. She feels the whole process has been tainted and spoke of her concerns about the bid process and how she feels it has been handled. Spencer Scarborough a lifelong resident of Fayetteville and asked the Council to do what it takes to get a community park like this. He thinks this proposal is a win-win situation. He feels this will increase property value on the land, which will bring more taxes into the schools. The creation of the park itself will benefit the health of both youth and adults. • • City Council Meeting Minutes September 7, 2004 Page 8 of 24 Bill Ackerman encouraged the Council to afford this project due diligence but feels they should take advantage of this proposal . He said that the opportunity to get 200 acres in one tract located as well as this tract is located is almost impossible. He served several years on the Parks & Recreation Advisory Board and they never had an opportunity to acquire this kind of tract of land. If 200 acres had become available, the cost would probably have been cost prohibitive. He feels that partnering with someone under these favorable conditions is a win-win situation for the City, State and the community as a whole and it is important to take advantage of the opportunity. Kathy McGuire-Bouwman a citizen watchdog she feels that most citizens would not know what is going on from the way the resolution is worded. She feels the resolution should say "would we like a park in exchange for a south side school surrounded by 500 acres of new housing development as well as the infrastructure needs that go with that." She also questioned the legality of something she read in the paper that said the parks board had spent several hundred dollars in postage asking families of youth soccer players to attend this meeting tonight. She said there are people who don't think it is an advantage to have a million new cars coming into our quiet town for these mega-sports events. There are two sides to this and though she isn't sure whether she is for the park or not, she feels both sides should be heard. Linda Ralston asked when it was decided that we needed a huge community park. Mayor Coody: In 2001 the City completed the Lose & Associates Parks Master Plan for the entire city. One of the top recommendations was a large multi-use park for consolidated sports fields, etc. This master plan came after many public meetings and a lot of public input. Linda Ralston said she is concerned about this park, particularly because she doesn't believe the public has been told enough about what is going on. She questioned whether a school will be included in the plan. She asked what the tern "other consideration" in the resolution really means. Kit Williams: The term includes all the contingencies in the plan. He didn't want to put all the contingencies in the resolution because it would make the title too long. If the Council passes this resolution tonight, they will be authorizing the Mayor to sign the contract. However, the contract has at least five contingencies before it is really effective and can get under way. The first contingency is approval of a Master Plan for the entire 800 acres. This Master Plan must be approved not only by the developers but also by the City Council, at that point in time the Council and the public will know exactly how this land will be developed. Mayor Coody said he doesn't believe that the question of moving this property into the Fayetteville school district has the intent of building a school out there. He said he thinks the developers want the property in the Fayetteville school district because it is easier to sell homes in that school district than it is in the Greenland school district. If the school system wants to build out there, that will be between them and the developers. Donna Williams indicated that she is for any kind of reasonable plan that will continue to grow the parks system in this area. Jerry Patton said this is a great idea and encouraged the Council to carry on with it. There has been tremendous growth in Fayetteville and the region and that growth will continue. We need a City Council MttYing Minutes Scytemba 7, 2IX04 Page 9 of 24 great community park . The planning and vision that have brought the City to this point are good. He encouraged the Council to pass the resolution and make this a reality. Phillip Watson, president of the local Ultimate Club said he feels good points have been made tonight. Ile particularly agrees with the point that 200 acres of parkland all together in one area is a huge bonus for the City. Fie and his organization are in support of this project. Barbara Moorman : Stated she has nothing to say against the idea of a park but feels it is wrong for the Parks Board to lobby for this particular arrangement. She disagreed with the term "gilt" on a brochure sent out to members of the public; she said this is not a gift. The City will be taking on a huge liability and will make the taxpayers pay for it. She said the landfill study uses terms such as "not a significant environmental concern at this time' and "appears to be confined" and "evidence of potential impact is not definitive'. When ADF.Q talks of remediation, they are talking about recapping and channelizing the creek, not diverting it . She feels they are not doing what might be the best way to remediate and are trying to do it for somewhere between $ 1 .5 million and $3 .5 million. She says the City is doing the property owner and developer a huge unnecessary favor by relieving them of this liability. She questioned how much property would actually be annexed with this project. Mayor Coody: The total property is about 800 acres, some of that is already in the city leaving about 500 acres to be annexed. This is just an estimate. Barbara Moorman said the City is committing themselves to a large subdivision and all the cost of roads, sewer, etc. She feels that if this resolution is approved, the rest of the process will just be de-facto. She questioned if this developer has anything in his past that has been successfully completed . She discussed her perception of what the Council will be agreeing to with this resolution. She urged the Council to table this item until they have something to vote on that gets as much as it gives away. Mayor Coody clarified that the Post Closure Trust Fund is made up of' a portion of the fees collected when cities or individuals take loads of waste to a landfill . This is the money that is earmarked to clean up the landfill . Fran Alexander asked if the public is going to receive an outline of hearings and discussions that will take place about this park . When can the public ask questions? She questioned whether 200 acres would really be enough land to incorporate all the ball fields and still be a true community park. She wondered if the City will have outgrown the park by the time it is developed. She again asked what the process is for the public. Mayor Coody: In the Lose and Associates study they stated that the City would need 110 to 150 acres. This is 200 acres so that should provide for some expansion. This will not be just ball fields but a multitude of uses, some passive and some active. Susan Porter asked how the quadrants arc established and what the boundaries are on the southwest quadrant of the parks. Connie Edmonston, Director of Parks & Recreation said that several years ago the City was divided into four quadrants. Ifighway. 71 basically divides the cast from the west and Highway • • City Council Meeting Minutes September 7, 2004 Page 10 of 24 16 East and 16 West basically divide the north and the south quadrants. This was determined years ago while developing the Master Plan and working on impact fees. Susan Porter said she likes parks and voted for the HMR tax. She had several concerns including the sprawl being promoted by annexing land outside the City limits and questioned why such a large area is being discussed. She also questioned whether citizens in this quadrant would like to see the City annex 800 acres and build infrastructure for it for a park outside the city limits. She questioned whether the City really needs 200 more acres of parks, according to the Lose & Associates study; Fayetteville ranks high in acreage in the parks system. She reviewed some of the information from the Lose and Associates Master Plan and the needs outlined in that study. She reviewed the definitions used in the Lose & Associates study of the different types of parks as set forth by the National Recreation and Parks Association, which define a "community park" as 20 to 50 acres and a "regional park" as 50 to 250 acres. She stated that we are talking about a regional park here, not a community park. She said she has not seen anything that defines the operational costs of this proposed park and is concerned about how much that will be. She wondered why the acreage around the new wastewater treatment plant couldn't be used for the community park. She feels more public input and discussion is needed on this and she encouraged the Council to look again at the Master Plan that has already been approved. Mayor Coody apologized for calling this a community park instead of a regional park. Phil a resident from Ward 2 said he finds it painful to sit and listen for an extended period of time to public input and suggested the Council set a time limit for each speaker so the comments will be more focused. Wade Coldwell, Chair of the Parks & Recreation Advisory Board said the Board has worked for the past two years looking at all these issues. He questioned why annexation of an undeveloped area has become an issue. He said the Parks Board was fully aware that there is a landfill on the property and they have been going after the funds to clean it up. The City needs the parks space to meet the growing needs of the community. He also sees this as a business deal, giving the City what it needs and wants. He feels the Mayor has been wise in the way he has handled it. Tom Howard said he has coached children for 30 years in soccer, baseball, etc. He said he appreciates everybody's comments. He said some children don't get the opportunity to play sports because their parents don't have the time to drive to separate fields for different children. He thinks it is important to have a central area for these sports so people can drive to one area for all sports. He thinks the City needs a community park and feels the opportunity to play sports is invaluable to the children and families. Melissa Terry: Stated the wet weather drainage going through the Cummins property is Cato Springs Branch, which is at the headwaters of Town Branch watershed, which drains into the west fork of the White River. She works as a conservation organizer for Audubon Arkansas and asked that the City consider working with her group on this issue if the project gets to the place where channelizing or moving the creek is being considered. City Council Nit"ing Minutes Scpinnber 7. 2W4 Pagc I I of 24 Dorothy Neely because of her background as an environmental consultant and because this acreage was previously a City landfill, she asked if an in-depth environmental assessment is included in the contingencies fbr this property. Mayor Coody said Terracon did an environmental assessment and the report stated that the landfill was not a real environmental problem. He said a copy of the study is available for anyone who wishes to see it. He asked Ms. Neely, considering her background, if she felt it was better to walk away from a landfill site such as this or to do remedial work. Dorothy Neely said she thought remediation and stabilization of the surface with vegetation would be best. She said she would prefer vegetation rather than pavement. She said concerns with the watershed need to be addressed. Connie Edmonston, Director of Parks & Recreation corrected something she said earlier: the division line for the cast and west quadrants of the parks system are actually Highway 16 West to Old Wire Road when you cross Highway 71 . She stated that her division has been working on many of the projects outlined in the Parks Master Plan including opening playgrounds, establishment of new neighborhood parks, new trails and ADA compliance. The community park is just one of the items her division and the City believe is very important. They have looked at and evaluated 18 different sites for the park and this was chosen as the best site due to location and usable land. They will need 115 acres for current needs for active sports. The remaining acreage would be used for passive recreation. The soccer, baseball & softball programs are exploding with over 5000 participants in baseball/softball and 1300 kids playing soccer. The City believes that obtaining this property would help meet those needs as well as help us to be good environmental stewards of our land . It would reduce the traffic of families traveling from park to park for different games and also the travel of maintenance crews between the different locations. Alderman Thiel said she thinks there has been some confusion regarding the term used to describe the park . In the Master Plan the term "multi-sports complex" was what people identified with and changing the verbage makes it more difficult to follow the support that was gathered during the creation of the Master Plan. This is not necessarily a community park; it will be a regional park if it is the size being discussed. She asked for clarification from Connie about the actual amount of parkland in the City, minus the lake and water areas. Connie Edmonston : We have 795 acres of water in the parks system. The total acreage is around 3,300 making about 2800 acres of actual parkland. Much of the land is nature preservation and not usable for active sports. Alderman Jordan asked how many acres are in Finger Park. Connie Edmonston : Finger Park is between 19 and 21 acres. Alderman Jordan : Is that the largest park in Ward 4? Connie Edmonston : Yes. That is by far the largest. City Council Meeting Minutes September 7, 2004 Page 12 of 24 Alderman Jordan : What else would be in this community/regional park besides soccer and baseball fields? Will there be picnic tables, playground equipment etc. that would allow a family to go and have a barbeque and family outing? Connie Edmonston: Parks has a map that outlines the active and passive usage of the Cummins property. They are looking at soccer, baseball, softball, ultimate Frisbee, tennis, disc golf, an amphitheater, trails, a pavilion and maybe some kind of water feature. All of this would be determined following many public meetings to determine the public' s demands for the park, 115 acres of the 200 acres will be for active use, the remainder will be for passive use. Mayor Coody: That doesn't include what the surrounding development will give up as far as trails, bluff areas, preserved areas, etc. outside the 200 acres that will be used by the public. Connie Edmonston said of the 18 sites her division evaluated during their search, three have already been sold. Large tracts of land are difficult to find within the City and they are going fast. She believes this is the premier spot for the park, the land is very usable; the hillside is being preserved, there are many pluses to this property. Jim Bemis said he is not proud of the City's parks system west of I-540. Between Highway 112 and the Cummins property there is nothing for the people living in that area. He is not against a park in this area but would rather see four community parks stretched between Highway 112 and this property rather than 200 acres in one park. Mayor Coody closed the discussion to public comment opened the floor to the Council. Alderman Thiel said she appreciated the comments being made. When she was on the Parks Board they had looked at this issue and hired Lose and Associates and she went to almost all the public meetings. One of the concerns of the parents during this process was that they wanted to have one place they could take their children of various ages participating in different sports without having to drive them all around town. That was one of the original motivations for the discussion of a multi-sports complex. The baseball fields in Walker Park are worn out; we' ll have to do something about the soccer fields. Something will have to be done to accommodate the desires of the parents who have children who want to play in these activities. She likes the location and thinks Parks worked diligently to find a location that met all the criteria. It serves Ward 4, which does not have a large park and it is very accessible. One of the advantages of the athletic or sports complex side of parks is that it helps pay for itself. The passive parks don't pay for themselves and are costly to keep maintained. This location also offers the opportunity for the City to do something about a landfill that really does need to be addressed. She says she supports this with the exception of the resolution of the landfill issue and the school district issue, those are big concerns. She understands that the City won't be expending any funds toward this until those two issues are a little bit more resolved. Alderman Cook spoke of his concerns that the park may take too much money and he is concerned about the remainder of the parks system. He is concerned about other financial needs of the City. He is nervous about the landfill issue and wants to make sure we know exactly which land we will get in the area. The positive side is that it is a great site with a great view of town and 1-540 access. He struggles with comments about the park being on the edge of town. You can' t find this much land in town so it would have to be on the edge of town. Economic development is also a positive; there is no question that we will draw events to a park like this. Coy Council Mmling Minutes Sc7nembe 7, 2(X)4 Page 17 of 24 The City does need the facility. It will provide areas for sports we don' t have room for now as well as passive activities. He thinks the positives outweigh the negatives on this but remains a little nervous. Alderman .Jordan said his concern is that he hasn' t received any information about what is going to go in to the old Lewis Soccer Complex over by the Asbell neighborhood. Hugh Earnest said he will be meeting with the U of A regarding this. The only thing he knows at this time is that several years ago a general comment was made that married student housing might go in there. He doesn' t think anything has been designed as far as type of housing but he will check into it and get some information. Alderman Jordan stated he does have concerns about the western part of town not having any sort of park and he thinks this park would provide something desperately needed in that part of town. He doesn ' t really like the location and will have some strong concerns about the development that goes in there. Alderman Marr said during the process of campaigning and talking with citizens and questioning them about their concerns he has realized that no matter how much is done to make sure citizens understand what is happening, it is not enough. He spoke of how long this issue has been going on. He thinks many good questions have been asked tonight. He sees huge economic opportunities associated with this and feels it is an avenue to maintenance of livability and quality of life in the City of Fayetteville. His biggest concern is not having enough resources left over for neighborhood parks. He thinks both are needed and feels it is the job of the Council to make sure that both are made available. This discussion is about whether to explore the possibility of a community park not that we are choosing that over neighborhood parks. He feels this is worth the investment, not at the expense of everything else, but it is worth pursuing. Mayor Coody said he feels this is a historic opportunity. It' the City walks away from this opportunity to pick up this amount of acreage now, it could be walking away from it for a long time, a better opportunity may never come up. It may not be perfect but he feels it is good. This is not an "either/or" situation where a community park is being chosen over neighborhood parks. The neighborhood parks will come in. He feels if' the City does not take advantage of this opportunity it will be shortchanging itself now and in future generations. Alderman Thiel moved to approve the resolution. Alderman Jordan seconded the motion. Upon roll call the resolution passed unanimously. Resolution 138-04 as Recorded in the Office of the City Clerk. Neighborhood Elementary School City Council Support: A resolution to express the City Council 's support for the established Neighborhood Iaementary Schools in Fayetteville. Alderman Marr thanked those who came to speak on this topic and Alderman Thiel for cosponsoring the resolution. There has been a great deal written about this resolution, some questioning whether this is the correct forum fix discussion about neighborhood schools or why the Council should be involved in the discussion . He spoke of his reasoning fix sponsoring the resolution. He has had many questions from his constituents about the closing of neighborhood schools and why the City is not doing anything about it. The hope is that in bringing this issue to • • City Council Meeting Minutes September 7, 2004 Page 14 of 24 the table, the City can play a small part in influencing and preserving established schools. He feels that as a Council this group is responsible for stability and management of the City and charged with the responsibility for planning for growth and preserving viability of established areas of the City. He feels that the Council has not only a right but also a responsibility to discuss this issue. He understands the Council does not have the power to make policy decisions regarding school locations but thinks this forum might be described as "hopeful influence". He hopes that the superintendent and the school board will realize that the importance of the community in the decision making process, the future of new and additional financial support for our school system and a way to accomplish their goals for the best possible education for our children and the City's goal of the most livable community can be accomplished together. He said that although the two different goals might at times conflict, the two groups should embrace the conflict to get to the best decision for the children and the City. This resolution supports established schools that already exist in Fayetteville. It does not say that the Council does not support new schools. It expresses strong support for retaining established schools and it asks the Council 's peers on the school board to carefully weigh the importance of each such school upon its neighborhood. It does not say the board didn't already carefully weigh information and it doesn' t say that the Council 's interests should be weighed more than what is in the best interest of a child. He believes it is the Council's responsibility to let peer governments know its wishes, ask for their support of our initiatives and to seek to be clear in how we see our side of the win- win relationship. This resolution is not a policy. If a citizen does not like the policy of the school board, they must deal with that board because that group makes the decision. This resolution simply is a means of passing in a very formal sense the Council's hope for consideration of long- term viability of established schools in the City's center as it continues to grow outside that center. He said he hoped that this discussion will be seen as being responsive to citizens' requests and that those citizens will understand that policy is made regarding the schools at the School Board level . He asked that everyone speaking in favor of the resolution be respectful of elected officials and top administrators of the school board in their comments. This is not personal and we are not here to attack individuals. Alderman Thiel said she proudly co-sponsored this resolution and feels if it does nothing more than show the Council 's support for more discussion and understanding between the school board and the public, then she feels like it is a good thing. She understands the need to build a west side school but sees that there may be a need for a school to serve the southern portion of the Jefferson School area in the future. She appreciates being asked by Dr. New and Steve Percival to participate in future planning for the Jefferson School building. Mayor Coody opened the floor to public comment but asked speakers to be as concise and civil as possible. Nancy Allen spoke of the need to build Jefferson and Washington schools 75 years ago because of the growth in those areas, later other schools were built as needed. Now there is a need for a new school on the west side of the City, this process should continue, but the need for the new does not negate the need for the old. Children still reside in those areas. Each school is the heart of its neighborhood and removing one will cause rot and decay. Schools and the City in which they dwell are vitally interconnected. For the school board not to listen to the concerns and voices of patrons is arrogant and self-serving and can be rectified at a ballot box. She presented 217 signatures, letters and e-mails from patrons who agree.