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HomeMy WebLinkAbout2005-02-01 - Agendas - Final t Aldermen Ward 1 Position 1 - Robert Reynolds WAM „a Mayor Dan Coody � Ward I Position 2 - Brenda Thiel Cit Attorney Kit Williams Ward 2 Position I - Kyle B. Cook Y Y _ Hie Ward 2 Position 2 - Don MartCit Clerk Sondra Smith Ward 3 Position 1 - Robert K. Rhoads Y _ Ward 3 Position 2 — Bobby Ferrell ARKANSAS Ward 4 Position I - Shirley Lucas Ward 4 Position 2 - Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting February 1 , 2005 A meeting of the Fayetteville City Council will be held on February 1 , 2005 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 A. CONSENT: 1. Approval of the Minutes: Approval of the January 4, 2005, January 6, 2005, and January 18, 2005 City Council meeting minutes. APPROVED. 2. Appointment of Building Official: A resolution appointing a building official for the City of Fayetteville in accordance with A.C.A. § 14-56-202(2): PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 17-05, 3. McClelland Consulting Engineers, Inc. Contract Amendment #1 : A resolution to approve amendment # 1 of the contract with McClelland Consulting Engineers, Inc. in the amount of $25, 100.00 for the Farmington Waterline Replacement Project. PASSED AND SHALL BE RECORDED AS RESOLUTION 18-05. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org B. UNFINISHED BUSINESS 1. Planning Commission Appeal (Crystal Goedereis): An appeal filed by Crystal Goedereis regarding Planning Commission's denial of RZN 04- 1333 (J.B. Hays) for property located at 1882 Starr Drive as submitted by Crystal Goedereis. This item was tabled at the January 18, 2005 City Council Meeting to tire February 1, 2005 City Council Meeting. THIS ITEM WAS TABLED INDEFINITELY. 2. OMI Contract Amendment No. 11 (A): A resolution approving amendment No. 11 (A) to the contract with Operations Management International (OMI) in the amount of $76,693 . 10 for extending the term of the agreement for operations, maintenance and management services and additional five (5) years; and approving a budget adjustment transferring $76,693 .00 from Use of Fund Balance to PCP Operation Contract Fund. This resolution was tabled at the January 18, 2005 City Council Meeting to the February 1, 2005 City Council Meeting. THIS ITEM WAS TABLED TO A SPECIAL CITY COUNCIL MEETING ON FEBRUARY 89 2005, 3. Highway 71 East Square Redevelopment District 41 Project Plan Amendment: An ordinance amending the Project Plan for the Highway 71 East Square Redevelopment District Number One, finding the Plan is economically feasible and declaring an emergency. This ordinance was left on the first reading at the January 25, 2005 City Council Meeting. THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE. 4. Highway 71 East Square Redevelopment District Project: A resolution authorizing the preparation of certain documentation for the subsequent approval of the City Council related to the proposed issuance by the City of Fayetteville Tax Increment Bonds (Highway 71 East Square Redevelopment District Project), Series 2005, in a form and amount to provide a project fund of $3,500,000.00 (the "Bonds") for the purpose of financing the costs of acquisition and demolition of certain real property located within the district; and prescribing other matters relating thereto. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 19-05, THIS ITEM WAS ADDED AT THE CITY COUNCIL MEETING. C. NEW BUSINESS: 1. Central Emergency Medical Services, Inc. Contract Renewal: An ordinance waiving the requirements of formal competitive bidding and approving a contract for services in the amount of $250,000.00 between the City of Fayetteville and Central Emergency Medical Services, Inc. to operate and maintain an emergency ambulance service to serve the residents of Fayetteville. THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org 2. Dychem International Contract Extension: An ordinance to waive competitive bidding and award an extension of a contract with Dychem International through the end of 2005 . I PASS AND SHALL BE RECORDED AS ORDINANCE N0. 4674. D. PUBLIC HEARINGS: 1. First Class Car Service Certificate of Public Convenience & Necessity: A resolution granting a Certificate of Public Convenience and Necessity to First Class Car Service for the operation of two (2) limousines within the City of Fayetteville, Arkansas. APPROVED AND SHALL BE RECORDED AS RESOLUTION NO, 20-05, E. INFORMATIONAL: l Council Tour: January 31, 2005 — 4:30 pm MEETING ADJOURNED AT 7: 15 P.M. i i i i I I I I i I 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting February 1, 209 , n r Subject: � , QS/" w Motion To: I Motion By: Seconded: Jordan Reynolds Thiel Cook Marr ! Rhoads t/ Ferrell Lucas Mayor Coody Subject: i Motion To: D _ Motion By: Seconded : i Jordan Reynolds P � Thiel Cook n Marr Rhoads Ferrell j Lucas v / $ — (� � Mayor Coody i City Council Meeting February 1, 20 • Subject: - � t Motion To: nn Motion By: I JUL Seconded: der Jordan ✓ ' Reynolds t/ v' 4ttktAA Thiel Cook A (i - Marr �•�A Rhoads Ferrell Lucas Mayor Coody Subject: Motion To: Alp Motion By: Seconded: Jordan Reynolds 1/ Thiel ✓ n Cook Marr 1/ Rhoads ✓ l/ Ferrell Lucas o �I" Mayor Coody Cityi Council'Meeting February 1, 2 • f Subject: I�•t1U I ` C�� � I�O�J Motion To: Motion By: Seconded: I Jordan j Reynolds � Thiel t/ Cook r/ Marr C � Rhoads t/ Ferrell n Lucas t� Mayor Coody it Subject: � � � � - Motif n To: � d IGCiT Motio n By: Seco nded: Jordan Reynolds Thiel uuu Cook Marr � c/ Rhoads ij ✓ Ferrell I Lucas I Mayor Coody I i City Council Meeting February 1 , 209 • 1 Subject: pp Q _ � dla1 ZeA ) I Motion To: Motion By: Seconded: VIJI�.t Jordan Reynolds N Thiel Cook Marr v Rhoads � Ferrell j _ _ _ �f IJ 1. ,�X\,C�'W�' Lucas Mayor Coody � I Subject: a-e.1 Motion To: p� Gtr I Motion By: Seconded: Jordan �/ ✓ Reynolds / V Thiel +/ Cook ✓' ✓ Marr ✓ +✓ Rhoads `� ✓ ✓ Ferrell Lucas Mayor Coody City Council Meeting February 1 , A T1S' Subject: < < i r Motion To: Motion By: Seconded: r Jordan f C Reynolds � t2/JJI " Thiel r/ I Cook t/ Marr Rhoads ✓ �0 Ferrell ✓ Lucas Mayor Coody i i I I Subject: i Motiln To: I Motion By: Seconded: I Jordan I Reynolds I Thiel I Cook Marr I Rhoads Ferrell i Lucas I Mayor Coody I I I I Aldermen Mayor Dan Coody _ - Ward I Position I - Robert Reynolds oma, Ward 1 Position 2 - Brenda Thiel 1 Ward 2 Position 1 - Kyle B. Cook City Attorney Kit Williams Y Ward 2 Position 2 - Don Mart �. City Clerk Sondra Smith Ward 3 Position I - Robert K. Rhoads . . I Ward 3 Position 2 — Bobby Ferrell A R KA NS AS Ward 4 Position I - Shirley Lucas Ward 4 Position 2 - Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting February 1 , 2005 A meeting of the Fayetteville City Council will be held on February 1 , 2005 at 6:00 p.m. in Room 219- of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. 1 Call to Order Roll Call Pledge of Allegiance � I A. CONSENT: 1 . Approval of the Minutes: Approval of the January 4, 2005, January 6, 2005, and January 18, 2005 City Council meeting minutes. 2. Appointment of Building Official: A resolution appointing a building official for the City of Fayetteville in accordance with A.C.A. § 14-56-202(2). 3. McClelland Consulting Engineers, Inc. Contract Amendment #1 : A resolution to approve amendment # 1 of the contract with McClelland Consulting Engineers, Inc. in the amount of $25, 100.00 for the Farmington Waterline Replacement Project. B. UNFINISHED BUSINESS I. Planning Commission Appeal (Crystal Goedereis): An appeal filed by Crystal Goedereis regarding Planning Commission's denial of RZN 04-1333 (J.B. Hays) for property located at 1882 Starr Drive as submitted by Crystal Goedereis. This item was tabled at lire January 18, 2005 City Council Meeting to the February ], 2005 City Council Meeting. i I I 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetteville:org 2. OMI Contract Amendment No. 11 (A): A resolution approving amendment No. 11 (A) to the contract with Operations Management International (OMI) in the amount of $76,693 . 10 for extending the term of the agreement for operations, maintenance and management services and additional five (5) years; and approving a budget adjustment transferring $76,693 .00 from Use of Fund Balance to PCP Operation Contract Fund. This resolution was tabled at the January 18, 2005 City Council Meeting to the I February 1, 2005 City Council Meeting. 3. Highway 71 East Square Redevelopment District Itl Project Plan Amendment: An ordinance amending the Project Plan for the Highway 71 East Square Redevelopment District Number One, finding the Plan is economically feasible and declaring an emergency. This ordinance was left on the first reading at the January 25, 2005 City jCouncil Meeting. C. NEW BUSINESS: 1 . Central Emergency Medical Services, Inc. Contract Renewal: An ordinance waiving the requirements of formal competitive bidding and approving a contract for services in the amount of $250,000.00 between the City of Fayetteville and Central Emergency Medical Services, Inc. to operate and maintain an emergency ambulance service to serve the residents of Fayetteville. 2. Dychem International Contract Extension: An ordinance to waive competitive bidding and award an extension of a contract with Dychem International through the end of 2005. ' I D. PUBLIC HEARINGS: 1 . First Class Car Service Certificate of Public Convenience & Necessity: A resolution granting a Certificate of Public Convenience and Necessity to First Class Car Service for the operation of two (2) limousines within the city of Fayetteville, Arkansas. E. INFORMATIONAL: Council Tour: January 31, 2005 — 4:30 pm i i i I 11 ,� �I 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetteville.org I i • • City Council Meeting Minutes January 18. 2005 Page 1 of 11 I Aldermen Ward 1 Position 1 - Robert Reynolds Mayor Dan Coady Ward I Position 2 - Brenda Thiel Ward 2 Position 'I - Kyle B. Cook { City Attorney Kit Williams (p/�� Ward 2 Position 2 - Don Mart Tay4AT 1 I Ward 3 Position I - Robert K. Rhoads City Clerk Sondra Smith Ward 3 Position 2 — Bobby Ferrell j ARKANSAS Ward 4 Position 1 - Shirley Lucas Ward 4 Position 2 - Lioneld Jordan City Council Meeting Minutes January 18, 2005 A meeting of the Fayetteville City Council washon January 18, 2005 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Coody called the meeting to order: . PRESENT: Alderman Reynolds, Thiel,,Coo, Marr, Rhoads, Ferrell, Lucas, Jordan, Mayor Coody, City Attorney'Kit Williams, City Clerk ,Sondra Smith, Staff, Press, and Audience. 1 Pledge of Allegiance State oft{he Ci �: Mayor Dan Coody gave the,State of the City Address. A copy of the address is attached. ElectionofLMavor: Alderman Lucas moved t appoint Alderman Jordan to serve as Vice Mayor. Alderman Marr seconded the motion. Upon roll call the City Council unanimously voted for Alderman Jordan to become Vice Mayor. I Board Appointments by the Fayetteville Housing Authority Board: Robin Ross & Deborah Olsen: i I • • City Council Meeting Minutes January 18, 2005 Page 2 of I 1 I Alderman Marr moved to approve the Housing Authority Board appointments. Alderman Lucas seconded the motion. Upon roll call the motion passed unanimously. CONSENT: Approval of the Minutes: Approval of the December 7, 2004, December 28, 2004, January 4, 2005, and January 6, 2005 City Council meeting minutes. / The January 4, 2005 and the January 6, 2005 meeting minutes were pulled from the agenda. ESRI, Inc. Annual Maintenance Agreement: A resolutioproving the annual maintenance agreement in the amount of $28,124.72 with ESRI, C. r�Geographic`lnformation System (GIS) software maintenance and upgrades. Resolution 09-05 as Recorded in the Office of the Cit}Clerk. Hansen Technology, Inc. Purchase Request: A resolution, approving a purchase request to Hansen Technology, Inc. in the amount of $55,086.88 for 2605 service and maintenance fees. Resolution 10-05 as Recorded in the O tcgf ht ee Clty_Clerk. Pumping Unit Purchase: Axesolution ap,,vingtthe purchase of one (1 ) portable, hydraulic- powered centrifugal pumping ,umt, from Thompson Pump 1rd Manufacturing Co., Inc. in the amount of $24,431 .50` Resolution 11-05 as Recorded in he-Office the ,,City Clerk. McClellandCon lsu ting Eneineers, Inc, C ntract (Wedington Drive): A resolution approving a contract `wiW'McClelland Consulting Engineers, Inc. in an amount not to exceed $54,000.00 for survey and�preliminary'jdesign services for water and sewer relocation for highway improvements to Wedington"Drive. Resolution 12=05 as Recorded/ in the Office of the City Clerk. McClelland Consultine 'g•Engtneers, Inc. Contract (Razorback Road): A resolution approving . a contract with McClelland Consulting Engineers, Inc. in an amount not to exceed $22,800.00 for survey and preliminary design services for water and sewer relocation for highway improvements to Razorback Road. i Resolution 13-05 as Recorded in the Office of the City Clerk. i Police Vehicle Purchase: A resolution authorizing the purchase of thirteen (13) Ford Crown Victoria Police Interceptors from the North Point Ford of Little Rock at a total cost of $261 ,989.00. ' . • City Council Meeting Minuets January 18,2005 Page 3 of l I Resolution 14-05 as Recorded in the Office of the City Clerk. Insituform Technoloeies, Inc. Contract Renewal: A resolution approving a contract renewal with Insituform Technologies, Inc.; and authorizing the expenditure of an amount not to exceed $338,250.00 for sanitary sewer lining services. Resolution 15-05 as Recorded in the Office of the City Clerk. South Fayetteville Community Development Corporation Fee Waiver: A resolution to waive the building permit fee and other developmental fees for homes to�be constructed by the South iFayetteville Community Development Corporation. //N f Resolution 16-05 as Recorded in the Office of the City Clerk. Alderman Jordan moved to approve the Consent Agenda with the January"4 and January 6 meeting minutes removed. Alderman Lucas seconded the motion. Upon*roll call the motion passed unanimously. \`J/ UNFINISHED BUSINESS: RZN 04-1330 (Dunnerstock): An ordinance rezoning that property described in Rezoning Petition RZN 04-1330 for property located on the west side�of Rupple Road containing . �A approximately 19.84 acres from RSF-1 , Residential-Single-Family, One Unit per Acre to RSF-4, Residential Single Family Tour Units per Acre vThis ordinance was left on the second reading at the January 4, 2005'CCity Council,Meeting. 1� Alderman Jordan moved to suspend the rules-and go to the third and final reading. Alderman Lucas-seconded-the otion._U'pon-roll call the motion passed unanimously. Mr. Willi rhe h orinance Mayor Coody asked shall\the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman Rhoadds\was absent, during the vote. Ordinance 467 Recorded n the Office of the City Clerk. \ � R-PZD 04-1307 (As,\p{�en/ Ridee): An ordinance establishing a Residential Planned Zoning District titled R-PZD 04-1307, Aspen Ridge located south of 6`s Street, west of Hill Avenue, northeast of 11'' Street along Town Branch Creek containing approximately 27.969 acres, more or less; amending the Official Zoning Map of the City of Fayetteville; and Development Plan as approved by the Planning Commission. This ordinance was left on the second reading at the I January 4, 2005 City Council Meeting. I I I I I • City Council Meeting Minutes - January 18, 2005 Page 4 of I 1 Alderman Ferrell moved to suspend the rules and go to the third and final reading. Alderman Reynolds seconded the motion. Upon roll call the motion passed unanimously. Mr. Williams read the ordinance. Alderman Cook stated he would have to recuse from this vote. I Alderman Thiel: I would like to compliment Mr. Broyles, the owners and the other developers of this project. They have gone out of their way; I think Mr. Broyles has,inparticularity, visiting with the neighborhood and addressing the impact of the stream. Theyhave:also worked with the Audubon representatives on ways they can protect and enhance,the ,water way. I have had and the neighborhood has had a lot of concerns about potential flonng at this project. The more I have visited with Mr. Broyles and looked at this project, we,have toydepend upon the engineers that they will design this properly. The city has a goods ff of, engineers that will oversee this project. They have to guarantee that they will not increase the problem; they.c n',t guarantee that they will make it better but they have to guarantee that theinTroject will notJncrease it. One thing that has been pointed out is that the water Way will probably, through this•pioject, stay much cleaner than it has over the past few years. Some of the debris and so forthithat gets in this water way contributes to :some of the flooding downstream. Lthink that in itself is valuable that the stream will be kept cleaner. I at thiss point will probably.support this project. I think it will certainly enhance that neighborhood. I 1`am really glad that most'• of the project is going to be owner occupied; I think that complements that'neighborhood. I � Mitch Woody: I am all for_this project. Most of the residents that live around there feel like it is a lot better to have beautiful town homes than'to have what was there before. The Planning Commission, Mayor and city officials have done a lot of hard work to make this project go through. Asa former ,real,estate broker from Texa's•I can appreciate that hard work. \t he handed out a-packet to the City Council that, showed the extension of Brooks Avenue from Phase 2 of Aspen-Subdivision�4.It shows that Brooks Avenue will be built and tie in with Twelfth Street. He said there are 12 families living on Twelfth Street and that they are very happy with the way it is now but progress has to go oon. It is a dead end street right now. He is concerned with the possibility of inthe. future extending Brooks Street all the way to Fifteen Street. Originally wh n.the subdivision was platted to show the. street, Brooks Avenue was going all the way to Fifteenth Street, if was vacated back to the property owner in 1993 . He said as it stands right now the only options at we have would be to tie it in with Twelfth Street which wouldn't be that bad. \\ I. Mr. Woody explained' the map that he presented to the City Council and the different routes around this area. He also discussed the traffic study that was completed in this area. He stated he did not feel the numbers were accurate. He stated the engineers are from Little Rock and it is difficult for them to tell what the traffic flow actually is. He stated he is concerned about their numbers. I am not here to try to put a halt to this. I believe the project should go through rapidly. I just wanted to let everyone know how we feel around the neighborhood. Mayor Coody indicated II i • • City Council Meeting Minutes January 18, 2005 Page 5 of I I today that Mr. Dumas and Mr. Pate were going to try to put together a package for the Mayor so the Mayor could contact Pinnacle at some future date and see if they wouldn't agree to donate a strip of land through there for the street. Of course we couldn't ask the developer to come back and put a street in after everything is already done. Mr. Dumas suggested that the City might later put in a street through a street improvement project. It is really needed. I would like to thank the Mayor for working with us and talking to Pinnacle. Mayor Coody: I did hear from Pinnacle this afternoon and they said the immediate answer was no but they were going to kick it up the chain of command. Mitch Woody: Whatever you can do in the future. I would hope '" that the City Council would agree that that street is needed. Thank you so much. I know it is a loi of hard work and this is a great project. Aubrey Sheppard a resident of the neighborhood: I,agre' a with most :veryt ing.everybody said. 1 was asked the last time I was here who has problems with this. I said a lot of people-feel that if they take the trouble to come down they do not think they will be,listened to. That is a fact. I talked to one lady and she stated if she comes here and tefls peoj5lAom close that water came to her house three different times last year and she decides'to move and sell, she might not be able to sell her home because the water goes almost out to the street without getting in her house. Just a little bit of change in the floodplain up stearncould make that difference that is something hard to guarantee. It is close to being derous anytime you live m anga floodplain or very near one. When these houses were built it wasn't4 dangerous situation?because we didn't have all the paving on the University campus or a lot of things'built up •thee Each project that is done from now on and as it has beenzKor.years will increase, as it has, the potential of flooding downstream. That is why we spoke4th Mr. Broyles many times and with this Council about the significance of being sure that ewe -don't increase it at all if possible. We can't keep a 10 inch rain from coming and we can guarantee it,won'-t.get up a little higher than it ever has even now. It is sort of like the global-warming�ar gum e even if-mankind's acts are not causing it then maybe we still need to'be sure that what we 'do choose to do doesn't aggravate it, if it is occurring naturally. We know it is occurring for come realson. _ He showed the Council som photographs of the property and the water that floods the property. Alderman Rhoads: Are these the same photographs that are on your website? Aubrey Sheppard:`\0ne-o6fthese is on the website the other one isn't. I Alderman Rhoads: Mr. Sheppard are you contending that you are very certain that because of this development that all these things are going to happen. That people's homes are going to be flooded or that it is just a possibility. Aubrey Sheppard: Three times last year the water got very near property. I Alderman Rhoads: Are you contenting it is just a possibility or are you fairly certain that it is going to happen? i 'I I • • City Council Mating Minutes January 18, 2005 Pagc 6 of l Aubrey Sheppard: Well, I don't make it rain so I am not going to make it happen but rain comes and if it should come as it did three times last year and get out of the banks then it's basically a slew parallel to the town branch. Alderman Rhoads: Have you talked to the developers about this issue? Aubrey Shepperd: Sure. We talked about it first last April as I recall. Alderman Rhoads: What did they say? � Aubrey Shepperd: They are hoping their engineers get it righps"o that/ it can't happen. What I was pointing out, that I am not sure the engineers concluded;fwas\that the over flow when the creek gets up as it did last year, then the water gets out the&. If that doesn't occur, water goes down stream faster. �\ Mayor Coody: Mr. Shepperd what is your recommendation to the City Council?-,o Are you asking the Council to deny the development? L \ } y/ Aubrey Shepperd: Not at all. I am not sure I am do`i g. an/thing but maybe talking about the future. When you look at developments and when your engineers get plans in, in a water shed area that may not be identified on a map as an over flow or floodplain area it may not say wet land. The Corp of Engineers and the Department ofEnvironmental Quality get their information from what the engineers give them from the site. I>think they are hoping that it will not cause any problems. I don't think that they would Willi gly create that problem. I would ask them to adjust those plans a little/bit-to see, that as much ,of the floodplain is there to allow the water to flow as it does now. Tb/at ssibility help ithe�ation. Mayor Coody: I know s .development has been in the works for about two years and they have done allot-of-channgingtotheplans. They ha worked with our storm water engineers and the neighborhood , extensively Nto' make something that would be palatable to pretty much everyone. jAubrey S,pperd: Som f us in neighborhood have tried to be available every chance we had to visit with them and lookiat things with them and they have been very good about that, this j is not a complainfabout thattat all. Planning Commission when this was finally announced put one sign on Sixth Street, that didn't show the people that there was development coming anywhere else down•the street or anywhere connected to it. So, people didn't know they should come to comment except when they were told it would affect them. There was one story in one of the newspapers that actually mentioned the limits of this development site. I would say we need to notify more people not just adjacent property owners. Thank you. Mary Bassett, owner of Bassett Mix Real Estate Company stated she appreciated the opportunity to speak. She said she is very familiar with this property and what it looked like before the developers bought it. She stated none of this property was listed. She represented the developers in acquiring it; they went to each tract of land individually and approached them about selling their property. The majority of them got more financial gain by these developers I i • • City Council Mating Minutes January 18, 2005 Pagc 7 of 11 l buying their property. They gave more than the appraised value for many of these properties to accumulate the property to make it a whole 30 acres that they could develop in a feasible way and to help in the redefining of south Fayetteville. She stated it is going to be a beautiful project and she is very proud to represent them. Melissa Terry with Audubon Arkansas: The developers have been very good about working with us. Audubon has tried to be a third party to help broker some of this discussion. I think a lot of the tension that has come up is a natural consequence of some of these downtown areas getting infilled. The reason they weren't in the first place is because,they were problematic environmentally. Audubon has over the past year and a half worked with*the developer and the neighborhood association. We have invested approximately $200,000 in grant funds along this drainage. We see this as an investment in green in true e,a piece of infrastructure that's just as important as the city sewer or cable. This inftastnicture has�vifal long term economic consequences for our community. We will do everytlungZe can to keep, working with the parties and I ask for your support as we go along. Alderman Lucas: You had originally recommended 28, feet fo 4hat street wi6the idea that it would be going on to Fifteenth. Should we go back to'28efeet,does that allow a turn lane or why were you recommending 28 feet? j Jeremy Pate: The initial recommendation for 28 feet would allow.on,street parking. We were looking initially at the number of traffic Sat.Would be.generated and the potential for it to get to Fifteenth Street. That would probably become much more of a� through connection south to Fifteenth Street. The Planning Commissionwoted to eco emm nd that go to 24 feet; it is just connecting to Twelfth`As- the traffic study indicates only about 4% of the traffic will leave Phase 2 along Brooks,and then Twelfth Street to go south. I feel comfortable recommending the 24 foot wide street as the Planning Commission has also indicated. Alderman Lucas:,Does that allow a tum_ larie-later? i Jeremy/Pate: does`not. Larry S thvoiced his concern about the traffic. Alderman T >lWe should be very cautious whenever we vacate streets and alleys. This is a good example of no�one foreseeing this project. I hope everyone understands that this is not something that we cao do without condemning that property and paying money for it. I hope everyone understands`at our hands are kind of tied in trying to make this extension. Alderman Reynolds: Brenda and I have spent a lot of time in this area, we have done a lot of extra clean ups, we have taken tons of trash out of this area. When I heard Mr. Broyles was going to come in and take out these eyesores, which was the worst nightmare this city has ever had, those two parks, I thought it was a blessing for us and for our neighborhoods. For him to take on a project this size, you are not always lucky enough to get a home town guy to do a job like this. I know he is going to do a good job and he is going to do it right. I am going to support the project and I hope the neighbors do too at this point. I I i i City Council Meeting Minutes January 18, 2045 j Page 8 o 11 Alderman Marr: I want to thank the Audubon, the neighborhood association and the developer j for working together because I do believe we need to push infill development in our city. I think it keeps us from annexing and putting in infrastructure outside of the core that cost us a lot more than continuing to invest in areas that are already there. I do realize we are going to have some difficult situations in doing that. I think it takes creativity to get through that, I appreciate the people who have done that. I am thrilled that we are having an infill project in south Fayetteville. Alderman Jordan: I want to be sure that a 24 foot wide street is go ni 2 to work. I am a big proponent of planning and what might occur. In your expert opinion we do not need a 28 foot street? 4 � Jeremy Pate: A 28 foot wide street is considered a local street�it \han\\dIes3.,000 to 5,000 vehicle trips per day. That is not something we anticipate inthisarea. The 24 foot wide street in our IMaster Street Plan is considered a residential street grid is probably more appropriate.in this area. Most of the streets are actually a little wider and-Twelfth. Street)is�approximately 31 feet wide. It was developed like that to meet our ordinances in the past.,,The a iiount of traflie will probably never get to that point. We feel it is an adequate number at this point. It will allow for on street parking. Many of the streets downtovvu�that handle muchkthe- same amount of traffic are the 1 same width or narrower. Alderman Lucas: If we do get the street througfi to Fiftee treet will there be room for a turn lane? �� Jeremy Pate: Yes that could be accommodated! 4\ 1 Mayor Coody asked shall'the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman Cook-recused. /�-as b� Ordinance 4672 as Recorded in the Office of the City Clerk. I Downtown Master Plan Redevelopment District Number Two Adoption: An ordinance forming the Downtown Master Plan Redevelopment District Number Two pursuant to Amendment 78 of the Arkansas Constitution and authorizing the preparation of a project plan. This ordinance was left toon thefirst reading at the January 4, 2005 City Council Meeting. Mayor Coody: I suspect this will be tabled at this meeting? Kit Williams: Mr. Mayor I think you are correct on that, at this point until we have some resolution from the legislative or more likely from the courts I think that the TIF Districts, all of them in the State are kind of up in the air. My recommendation would be that you simply move i to table this district indefinitely and then if something changes in the future we can bring it back. I I i • • City Council Mating Minutes January 18, 2005 Page 9 of I I Alderman Jordan moved to table the ordinance indefinitely. Alderman Marr seconded the motion. Upon roll call the motion to table indefinitely passed 6-0. Alderman Ferrell and Thiel were absent during the vote. Alderman Rhoads: Kit it is my understanding that a lawsuit has been or will be filed in the Jonesboro area? , Kit Williams: I don't know if it has already been filed but there is a $6 million note that they were counting on the 25 mils, so I think there is a big inspiration for someone to file a suit. The person that has the debt now, it looks like it is now his personal debt; thai he thought was going to be paid by tax increment financing. I am certain that suit will be filed. Alderman Rhoads: Will that suit bring about some clarity �on the issue and if so roughly how long do you think that might take? Kit Williams: It kind of depends to some extent of whether or,not there are any issues at all. I would not anticipate much in the factual is`sue;l 'think it is�all mainly a legal argument. 1 I think it could rapidly go up to the Supreme Court before any fi al decision would have to be i made. I would think it could go there within a year and,p6ssibly even quicker. I doubt if it would be quicker than that though. Downtown Master Plan ' Redevelopment DistricoProiect Plan: An ordinance adopting the Project Plan for the Downtown Master PlantRe&wlopment:District, and finding the plan is economically feasible. Thiordinance was tabled at the January 4, 2005 City Council Meeting to the January 18, 2005; Cdunc Meeting. \\ Alderman Marr able)the-ordinance indefinitely. Alderman Jordan seconded the motion. Upon-roll,call the'moti6nn to-table indefinitely passed unanimously. j I-540 'Redevelopment District\#3\Adoption: An ordinance forming the I-540 Redevelopment District Number Three pursuant to Amendment 78 of the Arkansas Constitution and authorizing j the preparation of a project plan. This ordinance was left on the first reading at the January 6, 2005 City Council Meetings Alderman Jordan moved to table the ordinance indefinitely. Alderman Marr seconded the motion. Upon roll call the motion to table indefinitely passed unanimously. A NEW BUSINESS: Plannin¢ Commission Appeal (Crystal Goedereis): An appeal filed by Crystal Goedereis regarding Planning Commission's denial of RZN 04-1333 (J.B. Hays) for property located at 1882 Starr Drive as submitted by Crystal Goedereis. . �I • • City Council Meeting Minutes January 18, 2005 Page 10 of 11 Crystal Goedereis: I would like this item tabled until the City Council can tour the property. Debbie West 3511 Madison Drive: this summer we bought our home on Madison; this property is right behind us. We heard all kinds of animal noises and got curious and wanted to know what was back there. We talked to the men in the dental lab; they showed us around the property. They were very nice and very friendly. They did tell us they were going to be moving sometime after the first of the year out of the dental lab, that they were getting new offices and that Dr. Hays was going to be developing this land. I failed to mention this at the Planning Commission meeting. I have no reason not to believe those people that that laVis�not going to be there forever. Put yourself in my position, would you want any kind/of business coming in right behind your home. It was zoned for single family homes when welbought our property. I am asking you to deny his appeal because it is the right thing to of/ r Carol Marx a resident of Starr Drive stated that when the St Joseph projecfwas first developed the neighborhood brought up the concern that St. Joseph would actually introduce multi use into the neighborhood. We were told then that our fears were unfounded and that churches are in residential areas throughout Fayetteville. Sheetated'that Crystal mentioned in tfie Planning Commission meeting that she had no plans to developahis property as long she'lived there. I now hear that they are telling the other neighbors that they,do.plan on developing. I find it hard to accept that Dr. Hays would pay $ 1 .S)rnill on for property .that he doesn't plan on developing when he doesn't reside on the property. Fam asking you to deny this zoning, it has a far reaching effect, if you do zone it R-O and he deci'd'es to ,sell4t they can'build office buildings there or i trailer parks. This is property that is completely surrounded by residential homes. I am asking you to keep the character of.that neighborhood as re§idential homes. Thank you for hearing my comments. / �� X � Mr. Rodney Marx:When Dr Hx 'bought this property it was already zoned single family one per acre. We feel it is a proper zoning -for, the area because it is surrounded by that. We live on Starr Drive and most of the`houses'are 2 and-3 ac er s where we are and then you have Barrington behind that which=is single family four. We are okay with that too we think that's the proper zone for/it We do not feel. like the neighborhood should conform to what he wants to do with the property, he should conform to what he neighborhood is. We ask that you deny the appeal, not rezone this, leave it as is 1 y Alderman Ferrell: Has there been any movement at all by the applicant in the way of a Bill of Assurance? Jeremy Pate: The only discussions that we have had with the applicant were prior to the Planning Commission meeting in discussing what they would like to do with this property. Concerns were brought about before the Planning Commission and now the Council about what the land use of that property is. With a straight rezoning the use units here that are with the zoning district are the uses that are allowed. That is really the only discussions that we have had with the applicant. I I • City Council Mceting Minutm January 18, 2005 Page I 1 of I I Alderman Reynolds moved to table the appeal until the February 1, 2005 City Council meeting. Alderman Ferrell seconded the motion. Upon roll call the motion to table passed unanimously. No. 11 A : A resolution approving amendment No. 11 A to the OMI Contract Amendment N ( 1 pp g ( ) contract with Operations ' Management International (OMI) in the amount of $76,693. 10 for extending the term of the agreement for operations, maintenance and management services and additional five (5) years; and approving a budget adjustment transferring$76,693 .00 from Use of Fund Balance to PCP Operation Contract Fund. Mayor Coody: I think staff has asked that we table this. Dave Jurgens, Water and Sewer Department: We/do ask that this be tabled. The first generator would have to be in place and in use by June-1 so this is somewhat,time sensitive. We are working with OMI to revise the contract. �� Alderman Jordan moved to table the resolution until'^the ,February 1, 2005 City Council meeting. Alderman Ferrell seconded the motion. Upon_ roll call the motion to table passed unanimously. jMeeting Adjourned at 7:25 PM. i I Dan Coody, Mayor Sondra Smith,City Clerk/Treasurer i I I I i it City Council Meeting Minutes January 4, 2005 Page I of 48 Ta �/T 1 (� Aldermen .� T 1V Ward 1 Position I - Robert Reynolds Mayor Dan Coody ye Ward I Position 2 - Brenda Thick nnKnr, sn , Ward 2 Position l - Kyle B. Cook City Attorney Kit Williams Ward 2 Position 2 - Don Marr Ward 3 Position I - Robert K. Rhoads City Clerk Sondra Smith Ward 3 Position 2 — Bobby Ferrell Ward 4 Position 1 - Shirley Lucas City Council Ward 4 Position 2 - Lioneld Jordan Meeting Minutes January 4, 2005 A meeting of the Fayetteville City Council was held on January 4, 2005 at 6 :00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Oaths of Office - 2005 Elected Officials: The following were sworn in as elected officials for a four-year term: Brenda Thiel, Don Marr, Bobby Ferrell and Lioneld Jordan were sworn in as Alderman. Sondra E. Smith was sworn in as City Clerk/Treasurer. Dan Coody was sworn in as Mayor. Mayor Coody called the meeting to order. PRESENT: Alderman Reynolds, Thiel, Cook, Marr, Rhoads, Ferrell, Lucas, Jordan, Mayor Coody, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Alderman Rhoads was absent until 6: 10 pm. Pledge of Allegiance CONSENT: Approval of the Minutes: Approval of the November 30, 2004, December 7, 2004, December 21 , 2004 and December 28, 2004 City Council meeting minutes. Cliffside Park Land Dedication Requirement: A resolution accepting the Parks and Recreation Advisory Board's recommendation to accept $61 ,605.00 cash in lieu of the required Park Land Dedication for Cliffside Planned Zoning District (PZD) Development. Resolution 01-05 as Recorded in the Office of the City Clerk. I' 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetteville.org '�' • • City Council Meeting Minutes January 4, 2005 Page 2 of 48 Baird Kurtz & Dobson (BKD). LLP Contract Renewal: A resolution approving the annual contract renewal with Baird, Kurtz & Dobson (BKD), LLP, in the amount $57,000.00 to provide independent audit services to the City of Fayetteville. Resolution 02-05 as Recorded in file Office of the City Clerk. Freelance Consulting Services Contract: A resolution approving proposal 04-21 from Freelance Consulting Services in the amount of $56,000.00 to conduct a Wildland Interface Fire Assessment. Resolution 03-05 as Recorded in the Office of the City Clerk. . Multi-Craft Bid 904-88 Award: A resolution awarding Bid #04-88 to Air Works Division of Multi-Craft Contractors, Inc. in the amount of $49,442 .00 for the purchase and installation of a 25-ton rooftop heating and air conditioning unit and removal of the existing unit at the Fayetteville Police Department. . Resolution 04-05 as Recorded in the Office of the City Clerk. Alderman Jordan moved to approve the Consent Agenda. Alderman Reynolds seconded the motion. Upon roll call the motion passed 7-0. Alderman Rhoads was absent during the vote. UNFINISHED BUSINESS: None NEW BUSINESS : ANX 04-1334 (Harper/Teater): An ordinance annexing that property described in Annexation Petition ANX 04-1334 annexing to the City of Fayetteville, Arkansas, property located north of Zion Road, east of George Anderson Road containing approximately 60.37 acres. Mr. Williams read the ordinance. ' Jeremy Pate, Planning Division stated that the staff recommends approval of this ordinance and the Planning Commission voted 7- 1 in favor of recommending the annexation to the Council. Most of the public comments centered on the surrounding streets (which in this. location are collector streets, with one minor arterial). The majority of the comments involved requests that, with this development, the gravel streets be improved. Micki Harrington, speaking for the petitioner, stated she was available for any questions. Mayor Coody opened the floor for public comment. There was none. Alderman Marr moved to suspend the rules and go to the second reading. Alderman Ferrell seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Mwing Minutes January 4, 2005 Page 3 of 48 Mr. Williams read the ordinance. Alderman Reynolds moved to suspend the rules and go to the third and final reading. Alderman Ferrell seconded the motion. Upon roll call the motion passed unanimously. t ` Mr. Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 4664 as Recorded in the Office of the City Clerk. RZN 04-1335 (Harper/Teater) : An ordinance rezoning that property described in Rezoning Petition RZN 04- 1335 for property located north of Zion Road, east of George Anderson Road containing approximately 60.37 acres from R-A, Residential Agricultural to RSF-4, Residential Single Family, Four Units per Acre. Mr. Williams read the ordinance. Jeremy Pate reported that this property is primarily agricultural and residential and is surrounded to the west, south and north by residential subdivisions. Staff recommends approval of this rezoning and the Planning Commission voted 7- 1 in favor of recommending the rezoning. Alderman Jordan asked if the response time for fire protection is 9 to 11 minutes and if Chief Bosch considers that a good response time. Chief Chris Bosch, Fire Chief stated that the response time is 9 to 11 minutes and also affirmed that that response time is outside the range of estimated response times. However the fire department is currently looking for property in the Crossover and Old Wire Road area to try to offset the response time for that area. The time is currently calculated from Station #5 (south of Mission Blvd.) and also Station #4 (which is by the N .W. Ark. Mall). The new station is in the capital plan for this year. At this time staff has talked to a couple of property owners regarding property. That area is quite developed and land is expensive. The search is difficult but they are actively looking for property. Alderman Jordan stated that he feels that response time is a little long. Alderman Rhoads asked for the Chief s best guess about when the station will actually be built and operating. Chief Bosch said it depends on how quickly the appropriate property can be located and purchased. His best guess for having the station operational is probably lnid-2006. That would be for re-location of Station #5. Alderman Marr asked Ms. Harrington what her best estimation is for when this property would be developed. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessf ayettevi I Ie.org • • City Council Mceting Minutes January 4, 2005 Page 4 of 48 Micki Harrington stated that there are some significant sewer line installations to be done in the area and there was some discussion of a lift station. For that part alone the developer is estimating at least a year. She does not anticipate that this project will be built out before 2006. Mayor Coody opened the floor for public comment. There was none. Alderman Rhoads moved to suspend the rules and go to the second reading. Alderman Reynolds seconded the motion. Upon roll call the motion passed unanimously. Mr. Williams read the ordinance. Alderman Rhoads moved to suspend the rules and go to the third and final reading. Alderman Reynolds seconded the motion. Upon roll call the motion passed unanimously. Mr. Williams read the ordinance. Mayor Coady asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 4665 as Recorded in the Office of the City Clerk. RZN 04-1329 (Hoaeye, Inc.): An ordinance rezoning that property described in Rezoning Petition RZN 04-1329 for property located on the north side of 0h Street across from the Ozark Mountain Smokehouse containing approximately 3 .35 acres from R-A, Residential Agricultural to R-O, Residential Office. Mr. Williams read the ordinance. Jeremy Pate, Planning Division, said the applicant' s original request was to rezone the property to C-1 . The staff did not recommend C- 1 and at the Planning Commission meeting the applicant changed the request to R-O. The Planning Commission voted 8-0 in favor of recommending this rezoning request. One adjacent property owner stated concerns that this rezoning would allow eating places and other nighttime activities adjacent to their single family home. However, R-O zoning will allow eating places with a conditional use only and would not allow drive-in eating- places. The applicant has stated that their desire is to create an office space on this property. - Mayor Coody opened the floor for public comment. There was none. Alderman Marr moved to suspend the rules and go to the second reading. Alderman Lucas seconded the motion. 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 Lucas seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accesstayettevi I I e.org City Council Meeting Minutes January 4. 2005 Page 5 of 48 Mr. Williams read the ordinance. Mayor Coady asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 4666 as Recorded in the Office of the City Clerk RZN 04-1330 (Dunnerstock): An ordinance rezoning that property described in Rezoning Petition RZN 04-1330 for property located on the west side of Rupple Road containing approximately 19.84 acres from RSF- l . Residential Single Family, One Unit per Acre to RSF-4, Residential Single Family, Four Units per Acre. Mr. Williams read the ordinance. Jeremy Pate, Planning Division reported that this property is part of the 254 acre unincorporated area along Rupple Road that was annexed in 2004. The property is situated among other subdivisions and residential lots. Some of the discussion at the Planning Commission concerned the condition of Rupple Road. Staff anticipates that off-site improvements will occur with the development of this property. Also, depending on the amount of development proposed, some assessment is anticipated. The Planning Commission voted 8-0 in favor of recommending this rezoning to the Council and staff also recommends approval. Mayor Coody opened the floor for public comment. There was none. Alderman Jordan moved to suspend the rules and go to the second reading. Alderman Lucas seconded the motion. Upon roll call the motion passed unanimously. Mr. Williams read fire ordinance. This ordinance was left on the second reading. RZN 04-1331 (Bale): An ordinance rezoning that property described in Rezoning Petition RZN 04- 1331 for property located at 3513, 3515, and 3517 West 6th Street containing approximately 0.80 acres from R-A, Residential Agricultural and C-2, Thoroughfare Commercial to C- 1 , Neighborhood Commercial. Mr. Williams read the ordinance. Jeremy Pate, Planning Division reported that there are currently three properties on this acreage, which are split zoned R-A and C-2, with the majority being R-A. The three structures on the property are non-conforming structures in this location and this use in an R-A zoning district. Existing non-conforming structures may remain in that state as long as they don't expand or if the use is discontinued for more than 120 days. The applicant originally requested 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetievi I I e.org • Ciry Council Meeting Minutes January 4, 2005 Page 6 of 48 C-2 zoning but the Planning Commission voted 5-3 in favor of recommending rezoning of C- l . That is also the staffs recommendation. Alderman Marr asked Jeremy if this request had come to the staff to rezone the property to C- 1 before going to the Planning Commission, would it have been recommended for approval by staff. Jeremy Pate stated that since the property to the east had been recommended for an R-0 zoning, which is compatible with the future Land Use Plan, staff would likely have recommended an R-0 zoning to the Planning Commission for this property. In response to a question from Alderman Marr, Jeremy stated that the three dissenting votes on the Planning Commission were from Ms. Anthes, Ms. Allen and Mr. Austin. Mayor Coody opened the floor for public comment. Gino Franco, representing Ms. Pat Bale, the owner of the property, presented his client' s request that the ordinance be amended to change the property' s zoning to C-2. The three buildings on the property have been there since 1979. Two are currently occupied and all three were occupied until August of this year. Mr. Franco reviewed past uses of the buildings. His client' s business is Advanced Flooring Company, which has been in business in Fayetteville for about 42 years and on this property since 1979. Although he understands the need for the City to look to their future Land Use Plan, his client would like to be able to use the buildings currently on the property to their intended use. Alderman Thiel said the report notes that the property has been occupied since 1979. The fact that the buildings were partially zoned as R-A was not known until Nov. 04. However, taxes have been paid on commercial property. She asked if that was true of all the property. Jeremy Pate said he hadn't checked with the County, but Ms. Bale's understanding is that it has been treated as commercial property all along. Gino Franco, in response to a question from Alderman Rhoads, said they could rent the property under a C- 1 zoning, but their options would be expanded under C-2. Alderman Thiel asked if the carpet business in one of the buildings right now would be in compliance if the property were rezoned as C- 1 . Jeremy Pate said the uses of the property currently are non-conforming. They can continue to be non-conforming, and even change the business with a certificate of zoning compliance, as long as there .is not a period of more than 120 days when the property is not in use. Alderman Thiel moved to suspend the rules and go to the second reading. Alderman Rhoads seconded the motion. Upon roll call the motion passed unanimously. Mr. Williams read the ordinance. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi I I e,org City Council Mecting Minutes January 4, 2005 Page 7 of 48 Alderman Ferrell moved to suspend the rules and go to the third and final reading. Alderman Reynolds seconded the motion. Upon roll call the motion passed unanimously. Mr. Williams read the ordinance. Alderman Lucas said though this is a difficult decision, she is opposed to the rezoning. She worries about the strip zoning already in the area and feels this will create more strip zoning. She agrees with the staff. The rezoning is not needed because the businesses can continue as is under the present zoning. Mayor Coady asked shall the ordinance pass. Upon roll call the ordinance passed 5-4. Alderman Rhoads, Ferrell, Reynolds and Thiel voting yes. Alderman Marr, Lucas, Jordan and Cook voting no. Mayor Coady voted yes thus breaking the tie. Ordinance 4667 as.Recorded in the Office of the City Clerk. RZN 04-1332 (Hays): An ordinance rezoning that property described in Rezoning Petition RZN 04- 1332 for property located at 1760 Starr Drive containing approximately 5 .99 acres from RSF- 1 , Residential Single Family, One Unit per Acre to RSF-4, Residential Single Family, Four Units per Acre. Mr. Williams read the ordinance. Jeremy Pate, Planning Division reported that this property is located in a portion of an island annexed by the City in 2004. After hearing comments from neighboring residents at the Planning Commission meeting, the applicant changed his request from RMF-12 to RSF-4. Staff was not in favor of the RMF-l2 request. Staff does recommend approval of the request to rezone the property to RSF-4. The future Land Use Plan identifies this area for residential use and the zoning is compatible with adjacent densities and land use. The Planning Commission voted 8-0 in favor of recommending the rezoning. Mayor Coody opened the floor for public comment. Crystal Goedereis, representing the applicant, said the applicant wanted to thank the Planning Commission and staff for helping them work through the process involved in this rezoning request and also wanted to express thanks to the Barrington Park POA. She said she was available for any questions. Amy Glass, president of the Barrington Park Association said the group is in support of the rezoning. Alderman Rhoads moved to suspend the rules and go to the second reading. Alderman Thiel seconded the motion. Upon roll call the motion passed. unanimously. Mr. Williams read the ordinance. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayeltevi I le.org City Council Meeting Minutes January 4. 2005 Page 8 of 48 Alderman Thiel moved to suspend the rules and go to the third and final reading. Alderman Ferrell seconded the motion. 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. 1! Ordinance 4668 as Recorded in the Office of the City Clerk. R-PZD 04-1307 (Aspen Ridpe): An ordinance establishing a Residential Planned Zoning District titled R-PZD 04- 1307, Aspen Ridge located south of 6th Street, west of Hill Avenue, northeast of l 1 `h Street along Town Branch Creek containing approximately 27.969 acres, more or less; amending the Official Zoning Map of the City of Fayetteville; and Development Plan as approved by the Planning Commission. Mr. Williams read the ordinance. Jeremy Pate, Planning Division reported to the Council that this is an infill project to construct 220 condominium units in two phases. The proposal also provides for a dedication of land ,for a public park and for a trail and construction of a trail. There is also provision for green space and tree preservation areas along Town Branch Creek and for improvement of adjacent streets where needed. Staff is recommending approval of this PZD rezoning request. The rezoning is more compatible with surrounding neighborhoods, which consist of single-family homes, industrial and commercial property. Surrounding neighbors have voiced positive comments concerning the developer's willingness to meet with them and address their concerns. The Planning Commission voted 8-0 in favor of recommending the PZD request with specific conditions of approval as noted in the staff report. Hal Forsyth, petitioner, said they have been working on this project for two years. They have worked extensively with landscape and building architects and engineers on the project and have also consulted with an environmental scientist, a traffic engineer, an arborist and a landscape designer. They have worked to provide new construction of entry-level and single-family housing that has not been available on the south side of Fayetteville in many years. Their goal is to jump start the city's goal of revitalization of this urban area. Hank Broyles, petitioner, said he appreciated the professionalism of the planning staff. This is an infill project and infills require more time, effort and risk than annexation. The property is currently zoned RMF-24, which allows for more units than is planned for this development. This will reduce the traffic impact and allow the property to exceed 51 % green space. The site plans have been adjusted over the years to meet the concerns of the neighbors. One of the major concerns of the neighbors was flooding and the plans have been altered to include ponds and a lake, which will create the ability to capture and hold enough water to meet flood prevention guidelines. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayettevi I I e.org City Council Meel ing Minutes January 4, 2005 Page 9 of 48 Alderman Thiel asked the petitioner to clarify the exact amount and location of land along Town Branch Creek that would be deed restricted against any further development in the future to mitigate the wetlands. Matt Crafton, an engineer for Crafton Tull and Associates, said they are working with the Corps of Engineers to offset the impact to the existing wetlands. As noted in their letter and as identified by their environmental scientist, they will be impacting (or filling in) about 6.27 acres of existing wetlands. To offset that, they will deed restrict the 2.4 acres of land along the creek. In addition to that the City requires approximately 4 acres for tree preservation. The 2 .4 acres lies within the 4 acres. There will be no development within that tree preservation area. Alderman Thiel asked if the retention ponds will be filtered or if there will be some protection for what goes into the creek from the ponds. Matt Crafton said before construction begins, they would install erosion control to prevent any construction erosion from entering into the creek. The four detention/retention ponds will hold water at all times. Anything on the ground (pesticides, trash, etc.) will settle into those ponds and the release structures that will detain the water will act as a filter before the water exits the ponds and goes into the creek. In addition, the outlets from the ponds to the creek will be protected with articulated block, which will allow the storm water to reach the creek with minimal impact. Alderman Thiel said she thinks the project is a good development for that part of town but her main concern is the flooding. She asked who is responsible if the project is built out and flooding downstream is increased. Matt Crafton said the developer is required to design detention ponds that will prohibit water from leaving the site any faster or at any greater volumes than are currently leaving the site. The way they have designed and estimated the system they will be releasing less storm water than is exiting the site now. However, they cannot control what might happen up stream. In response to a question from Alderman Ferrell, Mr. Crafton said they cannot prevent mass catastrophes created by nature, but have to do their best to design so that the development is not the cause of any flooding. Mayor Coody opened the floor for public comment. Geary Lowery, citizen, said the project looks wonderful and he supports infill as opposed to annexation. He hopes that staff will make certain that all contracts, bills of assurance, etc. are fulfilled. Aubrey Sheppard, member of the Town Branch Neighborhood Association, said some of the neighbors question the density of some portions of the development. They are pleased with the look of the buildings, the park, etc. A major concern is flooding. Having lived in the area for 8 years, he knows that the flood plain actually extends further back than what is identified by the Corps of Engineers. The flood area is wider at the top and narrows at the end. Those neighbors whose houses are near what has been the maximum flood level up to this point have concerns, not that the development would put more water into the stream but that it will decrease the 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayettevi I I e.org