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HomeMy WebLinkAbout2005-06-07 - Agendas - Final Aldermen Ward 1 Position 1 - Robert Reynolds Mayor Dan Coady Ward I Position 2 - Brenda Thiel Fay Ward 2 Position I - Kyle B. Cook rt City Attorney Kit Williams Ward 2 Position 2 - Don Ma Ward 3 Position t - Robert K. Rhoads City Clerk Sondra Smith e �/ Ward 3 Position 2 — Robert Ferrell A RYN! A S Ward 4 Position 1 - Shirley Lucas W;vd 4 Position 2 - Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting June 7, 2005 A meeting of the Fayetteville City Council will be held on June 7, 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 May 10, 2005 and May 17, 2005 City Council meeting minutes. APPROVED. 2. Water and Sewer Division Vehicle Purchase: A resolution approving the purchase of one ( 1 ) cab and chassis with dump body for the Water and Sewer Division from Landers Ford in the amount of $34,590.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 104-05. 3. Farmington Waterline Lump Sum Allocation: A resolution approving a lump stun allocation in the amount of $ 170,005 .00 for the purchase of easements required for the Farmington Waterline Project; and approving a 10% project contingency in the amount of $ 17,001 .00. PASSED AN SHALL BE RECORDED AS RESOLUTION NO. 105-05, 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfaycueville.org 4. Wastewater System Improvement Projects Lump Sum Allocation: A resolution approving a lump sum allocation in the amount of $569,845.00 for the purchase of easements required for Wastewater System Improvements Projects (WSIP) WL-1 , WL-2, and WL-3 ; and approving a 10% project contingency in the amount of $56,985.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 106-05, 5. Hamestring Pumping Station Offer and Acceptance Contract: A resolution approving an offer and acceptance contract between the City of Fayetteville and the Clydene Scharlau Trust for the purchase of real property and easements required for the new Hamestring Pumping Station in the amount of $27,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 107-05, 6. RJN Group, Inc., Engineering Services Contract: A resolution awarding an Engineering Services Contract in the amount of $420,216.00 with RJN Group, Inc. for sanitary sewer evaluation study and design for Illinois River Basin 15, the areas tributary to the Hamestring Creek Lift Station; and approving a 5% project contingency in the amount of $21 ,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 108-05, 7. Designating Land for Recreation Purposes: A resolution designating 12.91 acres of municipal property located on Highway 45 East for recreation purposes, reserving up to 2 acres for a future fire station; designating 2.46 acres located at 1121 South Duncan Avenue for recreation purposes; and transferring Lots 5 & 6 on South Gregg Avenue from the Street Fund to the General Fund and designating them for recreation purposes. THIS ITEM WAS REMOVED FROM CONSENT AND MOVED TO ITEM NO, 10 OF NEW BUSINESS. B. UNFINISHED BUSINESS: 1. Amend § 97.070 Recreational Activities at Lakes Fayetteville, Sequoyah and Wilson: An ordinance to amend § 97.070 of the Code of Fayetteville, Recreational Activities at Lakes Fayetteville, Sequoyah and Wilson (B) (1 ) Permits and (C) Fees. This ordinance was left on the first reading at the May 17, 2005 City Council Meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4707. 2. RZN 05-1448 (Staggs): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1448 for property located at 2824 S. School Avenue. The property is zoned RSF-4, Single Family 4 Units/Acres and contains approximately 0.68 acres. The request is to rezone the subject property to C-2, Commercial Thoroughfare. This ordinance was left on the second reading at the May 17, 2005 City Council Meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4708, 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org C. NEW BUSINESS: 1. ANX 05-1451 (Lane): An ordinance annexing that property described in Annexation Petition ANX 05- 1451 for property located at the end of Country Ridge Road, North of Hwy 16 East and West of Deerfield Way containing approximately 24. 19 acres. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4709, 2. RZN 05-1452 (Lane): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1452 for approximately 24. 19 acres located at the end of Country Ridge Road, North of 16 East and West of Deerfield Way from R-A, Residential-Agricultural to RSF-4, Residential Single Family — 4 units per acre. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4710, 3, ANX 05-1470 (PhillipsBagget): An ordinance annexing that property described in Annexation Petition ANX 05- 1470 for property located at 5150 and 5270 E. Huntsville Road containing approximately 29.59 acres. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4711 , 4. RZN 05-1471 (PhillipsBaggett): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1471 for approximately 36.99 acres located at: 5150 and 5270 East Huntsville Road from R-A, Residential Agricultural to RSF-4, Residential Single Family, 4-units per acre. PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4712. 5. Planning Commission Appeal (Lane): A request to appeal the Planning Commissions motion to deny the rezoning request rezoning approximately 6.68 acres of property located north of Huntsville Road (Hwy 16 East) and west of Deerfield Way Subdivision from C- 1 , Neighborhood Commercial, to RSF-4, Residential Single Family — 4 units per acre. PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4713, 6. Planning Commission Appeal (Wimberly): A request to appeal the Planning Commission' s motion to deny the rezoning request rezoning approximately 0.26 acres of property located at 155 E. Elm Street from RSF-4, Residential Single :Family — 4 units per acre, to R-O, Residential Office. THIS ITEM WAS VOTED ON TO APPROVE WHICH DIED FOR THE LACK OF A SECOND. THE ITEM WAS THEN VOTED ON TO DENY WHICH COUNCIL VOTED TO DENY THE APPEAL. 7. Adopt Chapter 176, Outdoor Lighting: An ordinance amending Title XV: Unified Development Code, of the Code of Fayetteville, to provide for the regulation of outdoor lighting installations. THIS ITEM WAS LEFT ON THE FIRST READING OF THE ORDINANCE. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org 8. PZD Ordinance Amendment: An ordinance amending Sections 166.06 Planned Zoning Districts (PZD), and Sections 161 .25 (C), (D) and (E) Planned Zoning District, Title XV of The Unified Development Code, Fayetteville Code of Ordinances, to allow Master Development Plans to be submitted as an option without submitting a subdivision or large scale development and clarifying other requirements, conditional uses, and development standards planned zoning districts. THIS ITEM WAS LEFT ON THE FIRST READING OF THE ORDINANCE. 9. Minimum Bid Pricing of 35 Acres of City Land: A resolution setting the minimum bid price for the sale of 35 acres of the Westside Wastewater Treatment Plant Site, which is south of Persimmon Street and West of Broyles Road, at approximately $25,000 per acre for total a minimum bid price of $872,000. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 109.05, 10. Designating Land for Recreation Purposes: A resolution designating 12.91 acres of municipal property located on Highway 45 East for recreation purposes, reserving up to 2 acres for a future fire station; designating 2.46 acres located at 1121 South Duncan Avenue for recreation purposes; and transferring Lots 5 & 6 on South Gregg Avenue from the Street Fund to the General Fund and designating them for recreation purposes. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 110-05, D. INFORMATIONAL: Council Tour: None. MEETING ADJOURNED AT 10:02 P.M. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting June 7, 2005 • a Q� Subject: Motion To: Motion By: Seconded: Thiel Cook Marr Rhoads Ferrell Lucas ✓ Jordan Reynolds Mayor Coody LX � - v Subject: n . Motion To: NP �� � A 41 Motion By: Seconded: Thiel 4P-L� D Cook Marr Rhoads f„ Ferrell 1 " 01 tiQ-'-4' Lucas �{ 10 Jordan ' `l . � � Reynolds V1 Mayor Coody City Council Meeting June 7, 2005 • • Subject: AM 0,4 1 J7 , D Z D Motion To: Motion By: IPP 144a 6=1 090 � Seconded: /Q� Thiel �/ �cc Cook t/ I A ANii �1 �g U Marr Rhoads Ferrell Lucas Jordan ✓ Reynolds Mayor Coody g - O Subject: -7o C'114C� i vy Motion To: Motion By: GY C it Seconded: Thiel I . Cook Marr ✓ Rhoads ✓ Ferrell Lucas ✓ Jordan Reynolds V/ Mayor Coody g �� City Council Meeting June 7, 2005 • Subject: 02 D q 0A 4i Motion To: ! ` d c_.Ck Motion By: Seconded: ( '� Thiel {� ( � Cook Marr i Rhoads Ferrell Lucas �A Jordan �^ D Reynolds I Mayor Coody S - o � - o Subject: 6k � N �a Motion To: 3"P Motion By: ArUO Seconded: QQ Thiel ✓ !J Cook I Marr ✓ p1i � t,ldi Rhoads ✓ ✓ Ferrell ✓ ✓ 3 Lucas ✓ Jordan Reynolds n��}}" Mayor Coody City Council Meeting June 7, 2005 • • Subject: Motion To: `r IJ A40e Motion By: Seconded: Thiel Cook Al Marr Rhoads Ferrell 00tu `j -/;�j Lucas OJordan N � Reynolds 41 o " Mayor Coody Subject: � S — / q 5 C Motion To: "&JLJ Motion By: Seconded: Thiel n Cook �L , Marr Rhoads r/ i Ferrell Lucas � A Jordan Reynolds Mayor Coody City Council Meeting June 7, 2005 • • Subject: Fla ds 0 4 O Motion To: Gf p Lr — Motion By: Seconded: f4,4a-Z6 1&2411 S Thiel ,/ to Cook ry 1 Marr N�� J✓ Rhoads ,/ ✓ Id r Ferrell ✓ �/ Lucas i L, Jordan / Al Q/ Reynolds ✓ ' Mayor Coody 1 g - o Subject: T Z /U ALI Motion To: h m , _ , , 0 3 �� Motion By: Tel /W Seconded: q I' Thiel ✓ � G / Cook to/ V 1I Marr ✓ Rhoads vo� ✓ Ferrell V/ Lucas ✓ ✓ � Jordan ✓ ✓ Reynolds I I v Mayor Coody City Council Meeting June 7, 2005 • • Subject: Pita N Ilc Motion To: 6�GI triQpf Motion By: Seconded: Thiel ' Cook k1 Marr n Rhoads Ferrell Lucas Jordan Reynolds Mayor Coody Ow -14 Subject: SE Motion To: Motion By: Seconded: Thiel v p.v� ,, Cook � Al V V Marr Rhoads (� Ferrell � ✓ i/ Lucas Jordan ✓ [� Reynolds ` Mayor Coody City Council Meeting June 7, 2005 • • Subject: Ian AIIAJ Motion To: /1 Motion By: Seconded: Thiel i Cook (/ p� Marr V wAcal Rhoads v Ferrell Lucas sly Jordan Reynolds Mayor Coody ' 0 Subject: OLI /] ,dQ-Opd� it ti Motion To: Q.' pakt ri/VW� n, Motion By: .RJv� Seconded: �� � MaNU n Thiel Cook l r Marr O i Rhoads ✓ Ferrell ,j Lucas Jordan / Reynolds ve Al Mayor Coody City Council Meeting June 7, 2005 • • Subject: Q Motion To: Motion By: Seconded: Thiel Cook Ali �, .q1 ' L90 Marr Rhoads Ferrell Lucas Jordan Reynolds 0 Mayor Coody Subject: PZ D� d npu eJl �iN�9 Nie Motion To: Motion By: Seconded: Thiel Cook I� Marr NRhoads Ferrell � Lucas Jordan Reynolds Mayor Coody i City Council Meeting June 7, 2005 • Subject: W, kMI.ri pl i ?JS l C Motion To: A►w w -I ) A P��� bO f � I ski Motion By: QUA Seconded: o,"to" Q Thiel Cook r/ 1 Marr Nom ^ • Rhoads ✓ tum" , � Ferrell ✓ � Lucas Jordan ✓ Reynolds r/ Mayor Coody Subject: S 1 Q14,-L, ( N� Motion To: n � � Motion By: Seconded: �� Thiel Cook Marr ✓ a Rhoads ✓ �1}D i ' " Ferrell Lucas P✓ Jordan f Reynolds Mayor Coody Aldermen Ward I Position I - Robert Reynolds Mayor Dan Coody - Ward I Position 2 - Brenda Thiel Ci Attorney Kit Williams Ward 2 Position I - Kyle B. Cook City Y Ward 2 Position 2 - Don Mart e le Ward 3 Position I - Robert K. Rhoads City Clerk Sondra Smith Tayv Ward 3 Position 2 — Robert Ferrell ARKANSAS Ward 4 Position I - Shirley Lucas Ward 4 Position 2 - Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting June 7, 2005 A meeting of the Fayetteville City Council will be held on June 7, 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 May 10, 2005 and May 17, 2005 City Council meeting minutes. 2. Water and Sewer Division Vehicle Purchase: A resolution approving the purchase of one ( 1 ) cab and chassis with dump body for the Water and Sewer Division from Landers Ford in the amount of $34,590.00. 3. Farmington Waterline Lump Sum Allocation: A resolution approving a lump sum allocation in the amount of $ 170,005.00 for the purchase of easements required for the Farmington Waterline Project; and approving a 10% project contingency in the amount of $ 17,001 .00. 4. Wastewater System Improvement Projects Lump Sum Allocation: A resolution approving a lump sum allocation in the amount of $569,845.00 for the purchase of easements required for Wastewater System Improvements Projects (WSIPI WL- I , WL-2) and WL-3 ; and approving a 10% project contingency in the amount of $56,985 .00. 5. Hamestring Pumping Station Offer and Acceptance Contract: A resolution approving an offer and acceptance contract between the City of Fayetteville and the Clydene Scharlau Trust for the purchase of real property and easements required for the new Hamestring Pumping Station in the amount of $27,000.00. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetievi I le.org 6. RJN Group, Inc., Engineering Services Contract: A resolution awarding an Engineering Services Contract in the amount of $420,216.00 with RJN Group, Inc. for sanitary sewer evaluation study and design for Illinois River Basin 15, the areas tributary to the Hamestring Creek Lift Station; and approving a 5% project contingency in the amount of $21 ,000.00. 7. Designating Land for Recreation Purposes: A resolution designating 12.91 acres of municipal property located on Highway 45 East for recreation purposes, reserving up to 2 acres for a future fire station; designating 2.46 acres located at 1121 South Duncan Avenue for recreation purposes; and transferring Lots 5 & 6 on South Gregg Avenue from the Street Fund to the General Fund and designating them for recreation purposes. B. UNFINISHED BUSINESS: 1 . Amend § 97.070 Recreational Activities at Lakes Fayetteville, Sequoyah and Wilson : An ordinance to amend § 97.070 of the Code of Fayetteville, Recreational Activities at Lakes Fayetteville, Sequoyah and Wilson (B) ( 1 ) Permits and (C) Fees. This ordinance was left on the first reading at the May 17, 2005 City Council Meeting. 2. RZN 05-1448 (Staggs): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1448 for property located at 2824 S. School Avenue. The property is zoned RSF-4, Single Family 4 Units/Acres and contains approximately 0.68 acres. The request is to rezone the subject property to C-2, Commercial Thoroughfare. This ordinance was left on the second reading at the May 17, 2005 City Council Meeting. C. NEW BUSINESS: 1. ANX 05-1451 (Lane): An ordinance annexing that property described in Annexation Petition ANX 05- 1451 for property located at the end of Country Ridge Road, North of Hwy 16 East and West of Deerfield Way containing approximately 24. 19 acres. 2. RZN 05-1452 (Lane): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1452 for approximately 24. 19 acres located at the end of Country Ridge Road, North of 16 East and West of Deerfield Way from R-A, Residential-Agricultural to RSF-4, Residential Single Family — 4 units per acre. 3. ANX 05-1470 (Phillips/Bagget) : An ordinance annexing that property described in Annexation Petition ANX 05- 1470 for property located at 5150 and 5270 E. Huntsville Road containing approximately 29.59 acres. 4. RZN 05-1471 (PhillipsBaggett): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1471 for approximately 36.99 acres located at 5150 and 5270 East Huntsville Road from R-A, Residential Agricultural to RSF-4, Residential Single Family, 4-units per acre. 5. Planning Commission Appeal (Lane): A request to appeal the Planning Commissions motion to deny the rezoning request rezoning approximately 6.68 acres of property located north of Huntsville Road (Hwy 16 East) and west of Deerfield Way Subdivision from C- 1 , Neighborhood Commercial, to RSF-4, Residential Single Family — 4 units per acre. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayettevi I I e.org 6. Planning Commission Appeal (Wimberly): A request to appeal the Planning Commission's motion to deny the rezoning request rezoning approximately 0.26 acres of property located at 155 E. Elm Street from RSF-4, Residential Single Family — 4 units per acre, to R-O, Residential Office. 7. Adopt Chapter 176, Outdoor Lighting: An ordinance amending Title XV: Unified Development Code, of the Code of Fayetteville, to provide for the regulation of outdoor lighting installations. 8. PZD Ordinance Amendment: An ordinance amending Sections 166.06 Planned Zoning Districts (PZD), and sections 161 .25 (C), (D) and (E) Planned Zoning District, Title XV of The Unified Development Code, Fayetteville Code of Ordinances, to allow Master Development Plans to be submitted as an option without submitting a subdivision or large scale development and clarifying other requirements, conditional uses, and development standards planned zoning districts. 9. Minimum Bid Pricing of 35 Acres of City Land: A resolution setting the minimum bid price for the sale of 35 acres of the Westside Wastewater Treatment Plant Site, which is south of Persimmon Street and West of Broyles Road, at approximately $25,000 per acre for total a minimum bid price of $872,000. D. INFORMATIONAL: Council Tour: None 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetteviIle.org tial City Council Meeting Minutes May 10. 2005 Page I o( 6 Aldermen Ward I Position I - Robert Reynolds Mayor Dan Coady Ward I Position 2 - Brenda Thiel Cit Attorney Kit Williams Ward 2 Position I - Kyle B. Cook City y Ward 2 Position 2 - Don Marr Ci Clerk Sondra SmithTayvee;lile Ward 3 Position I - Robert K. Rhoads City Ward 3 Position 2 — Robert Ferrell ARKANSAS Ward 4 Position I - Shirley Lucas Ward 4 Position 2 - Lioneld Jordan Special City Council Meeting Minutes May 10, 2005 A Special Meeting of the Fayetteville City Council was held on May 10, 2005 at 5 :30 p.m. in Room 326 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. 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. Old Business: Black & Veatch Amendment No. 1 Noland Wastewater Treatment Plant: A resolution to approve Amendment No. 1 to the agreement for professional services with Black & Veatch Corporation to provide construction and post construction services for the Noland Wastewater Treatment Plant in a not to exceed amount of 51 ,478,000.00. This item was tabled at the May 3, 2005 City Council meeting to a Special City Council meeting on May 10, 2005. Bob Davis, Water and Wastewater Director: We had a Water & Sewer Committee meeting last night and it was a unanimous vote by the three committee members present that we approve the contract amendment for Black and Veatch. Alderman Reynolds: I turned my vote in today so you have four votes. Alderman Jordan : One of the items that we discussed was how will we hold Black & Veatch responsible because in the contract I did not find any wording that holds them accountable other than professionally. Bob Davis: 1 think the ultimate answer to that is we do have a certificate of professional liability insurance from them that we received when we signed the initial contract with them. This is an 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessl ayettevi l le.org I Special City Council Meeting Minutes May 10, 2005 Page 2 of 6 - amendment to their design and bidding phase contract. Black & Veatch has done work for the City of Fayetteville in the past and there has never been a problem with that work. The work that they just completed they did a great job with no problems so I don't see that not continuing. There are tasks that we can hold them accountable to as we go through the project and if those don't occur then we would sit down with them and visit with them about how to resolve those issues. Alderman Jordan : We will be receiving monthly reports on the status of the project? Bob Davis: Absolutely. Mayor Coody: The Water & Sewer Committee has agreed to monthly meetings. I think that will be a very good occurrence from here on out to have those monthly meetings. Alderman Ferrell: You said the ultimate responsibility on this would stop with you. The buck stops with you and you are a hands on person. I enjoy hearing that. Bob Davis: Yes. That is correct. Alderman Marr: If there is a problem with this contract what is the recourse for citizens? You could be fired, and I understand the buck stops with you. What are the legal contract terms do we have the ability to hold them accountable? If a subcontractor finds something and they take it to Black & Veatch what is the protection for the City that we are going to be notified of that. It appears to me that all the language in this contract is City of Fayetteville related. Bob Davis : As far as the contract goes and the way the contract is written it is my understanding that one of the tasks of the program manager was to come up with a standardized construction phase services contract. That was one of the things that they did for the City. I am assuming that was submitted to the City, reviewed and approved by the City. That is where this contract came from. This is the same contract that you are going to see for the other three construction phase service providers. Kit Williams: I think that is absolutely correct. Greg Boettcher and I worked on a form contract to get a lot of the objectionable language that is in a lot of contracts removed. The contractor has a duty to perforin under the contract and our basic remedy is if the contractor fails to do that duty then we sue for breach of contract. The insurance that they have will help us collect, it doesn't help us enforce it but in fact if the contractor fails to do his duty we will be able to prove that they were negligent and failed to do their duty. Then we would be able to sue if the plant does not work within the perimeters of the contract. I think that the contracts that we have designed and that Burns & McDonnell now have created for the various engineers are much better than they have been in the past. They can not do more services than what we have already authorized without coming back to the City Council before they perform the services and ask for additional money for increase of scope of service. We have those provisions and provisions on the Freedom of Information Act in the contract. The basic security the City has is that this engineering company was selected by a professional selection committee because they were the most highly qualified of the group that submitted applications to be selected for this project. After they were selected we negotiated this contract with them and they will be held to the standard of being a highly qualified engineering company and if they fail on that standard and don't do the job then at that point we certainly can take 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfaycttevi l le.org r • � . peal City Council Meeting Minuses May 10, 2005 Page 3 ol'6 remedies against them. In every project there will be problems it doesn' t mean that there is always going to be litigation. Bob Davis: I think what we have to do is take responsibility for ourselves as the owner. We have to be continually vigilant of our contractor and our consultants, whoever is working for us. We need to monitor those people and we need to know what they are doing. The only way we can do that is to be at these projects on a regular basis and know what is going on. We are getting updated schedules that we will be providing to the City Council and with this schedule we can keep close tabs on what is going on, if something starts veering off we will know it and we can do something about in a timely manner. Alderman Jordan: That is why I asked for monthly reports. Bob Davis: I would like to tell you that the professional liability insurance is something you can feel secure about but it is really not. Alderman Marr: I am not questioning the integrity of the work. I am going to want to do more due diligence because I have citizens calling me about the project. I want to know what questions 1 should look at and progress reports that I am going to need to look at to know that we are not having a problem. If we do have a problem what I don' t want to hear is that our contract doesn't give us any recourse for that because every project does have a problem. At some point if we get into a problem I want to know that the citizens are protected. I am looking for language on how it is going to be interpreted. I want to hear on the record from our City Attorney what he just said that we did this contract, we are comfortable with it and we have defenses with this, contract, if he feels this way then I trust him. I am reading the language more generally I guess maybe. It is a confidence issue; 1 am trying to get citizens and my own confidence up regarding this project. Mayor Coody: I would like to suggest that when the Water & Sewer Committee meets on a monthly basis to get updates and to get filled in on the progress that we are making that everyone on the Council show up please and listen. That will be the time to ask questions and be completely in the loop. We invite all the City Council and anyone else that wants to come to the Water & Sewer Committee meetings to be updated and kept abreast of the latest progress to please come. Alderman Marr: Please don't take this wrong but 1 feel like we have been getting updates. I feel like we got an update at the City Council meeting two months ago and I heard that we were not that far off on the timeframe and the budget. Then today I read an article that was different. What it said to me is that I did a really poor job with asking that person some: questions. We really need to make sure this is right because we are talking about the confidence of the public. There are a lot of other things that I want to happen, I want roads and I don't want citizens turning it down because they don' t think we can manage this. Mayor Coody: Yes. The construction cost a week and a half ago was estimated at $ 119,000,000. The latest update brought that down to $ 116,000,000. There is a 10% contingency which is going to be roughly $ 12,000,000. The easement acquisition money is in there and all the engineering fees were in there. At least we are doing everything we can. We are looking at other options to try to save money. I think we are back on the road to recovery. feel more confident than I have in a while. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) aecessfayettevi I le.org 1 • I Special City Council Meeting Minutes lk May 10, 2005 Page 4 of 6 Alderman Rhoads: Does the professional liability insurance cover anything other than negligence? Kit Williams : I am not sure I would have to look at it. Most of our contractors are required to have other insurance for their employees and things like that is that what you mean. Alderman Rhoads: Is it my understanding we would have to sue them for negligence if it just didn't work? Kit Williams : Do I am sure what I would do is sue for breach of contract. Alderman Rhoads : Will their contractor insurance it for breach of contract? Kit Williams: I am not sure 1 would have to look at the insurance policy to make sure what it says. I would also say that we are dealing with very substantial companies here that hopefully will not go bankrupt. I would think it would be more likely to cover their professional liability and not a breach of contract. Alderman Cook: We truly do not know the cost of this project. These are all estimates until the bids come out, so we don't know what the budget is right now. There are parts of it that we do but it may be on or off the budget. The real budget of the construction of the plant we have no idea. Bob Davis: That is correct. The only real numbers that we know right now is what the City paid for consulting services for the design bidding phases, we know what the proposals are for the other three phases of this program, east line work, west line work and the west side plant work and we know the cost of what we are doing at the Noland plant. Other than that every other number is subject to change. When you received the first cost estimate there was a 2.4% contingency on the construction and we have put a 10% on there. It has been a number of years since that was done and changes in material, fuel and labor are more volatile now. We are a long ways from knowing what this whole project is going to cost and probably will not know that for several months. Alderman Cook: That makes me nervous to some degree. The original estimates were based on the 2001 dollars, concept and engineering estimates of the concept. Bob Davis: That is exactly right. The one thing that has changed the most is the construction. One reason that has changed so much is those numbers were put together before the design was ever completed. For us to be at the place we are at right now I am not sure it is as really as bad as it may be perceived. Alderman Marr: I think that information is good. I do feel like that people think it is in a worse situation. That' s a good explanation and helps us to know what to ask. I want to know what I don't know and I am relying on someone to educate me and the citizens through this process so that we don't lose credibility. I think this Council has been really good and I don't want to see us having people question that. Mayor Coody: That has been my main number one concern too. We have always been open with everyone; we have never tried to hide anything. If there has been a problem however it has been presented to us and we have presented that to the public as clearly as we can and we have 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetteville.org • tial City Council Meeting Minutes May 10, 2005 Page 5 ol'6 tried to resolve those issues. Every day we are looking at ways that we can effectively trim from the budget without trimming the effectiveness of the plant. We are going to keep that due diligence going and once we see a problem we will do everything we can to fix it. Alderman Ferrell: Did I understand you to say Bob that you are bringing this back in house. So the watching and making sure everybody is doing everything is going to be a function of your department? Bob Davis: That' s correct. Alderman Ferrell: I think it might be a prudent idea to take a look at these contracts and see how these contracts are worded and check with other areas that have had problems and see if they might have something we can learn from. Bob Davis: We are really doing that right now. Instead of talking about what we are going to do after the fact, I think we need to more concerned in prevention and vigilance. Alderman Lucas: What is pre-qualification? Bob Davis: We get the contractor qualifications prior to letting the contractor bid on the project. The way these projects have been laid out before we actually were qualifying the contractor but it was after the fact. Kit Williams : The most important thing is what Bob just said, you get the right engineer and the right contract and you pre-qualify them ahead of time. Then instead of worrying about what we are going to do and relying on the bonding company to finish the project you have a project that is going to be built right. The most important thing is to attack it early which Mr. Davis is talking about doing now. Lawyers can only do so much, it is much better tot have the project built right, we don't want to go to court on it. Alderman Marr: I agree that we want it built right and I agree that we don't have to use a legal contract. At the Noland plant the Council had to wait for the company to go bankrupt because there were not things in the contract that allowed them to pursue them. Kit Williams : On a construction contract you always require them to have a bond to finish the contract and if they don' t do their job that is when you fall back upon the bond and the bonding company must bring in a new contractor to finish the job. Mayor Coody: The best insurance we have against any kind of problem is hiring a firm with a track record of successes. Alderman Ferrell: And having a good contract. Alderman Jordan: My main concern is the discharge permit. It doesn' t make any difference what else we do we have to have the discharge permit before we can do much of anything else. It is vitally important that that is taken care of. Where are we on that? Bob Davis: CH2MHill did a modeling study on the stream and that was submitted to ADEQ. ADEQ wrote a letter in early March to EPA saying they had reviewed our model and this is what our discharge limit should be. EPA wrote a letter back to ADEQ and said they conditionally 113 West Mountain 72701 (479) 521 -7700 (479) 575-5257 (Fax) accessfayetteville.org 0 • special City Council Meeting Minutes May 10, 2005 Page 6 of 6 approve those discharge limits. Subsequently those discharge limits were published in a two way plan change. That went through the 30 day notification period; and it received comments from Beaver Water District and the State of Oklahoma. ADEQ had omitted by mistake phosphorous limits on a permit for the west side plant and for the east side plant. On the conditional approval letter that came back from the EPA those limits were there and they remain what they are right now at the Noland plant. All the State of Oklahoma had to say about the Noland plant was there was mention that we would stop the Mud Creek discharge. They wanted to make sure that was clarified. The main thing Beaver Water District was concerned about is USGS is doing a study right now and they brought that up and they also brought up the request for public hearing. ADEQ will make the decision on how those inquires will get responded to. I don't believe they are going to send us a letter stating that we have to stop using the Noland plant. Because we have this conditional approval from EPA I don't really see any problems with our discharge limits changing from what those permit limits were that were published. Alderman Jordan: So in your expert opinion everything is okay and this is not going to hold us up. Bob Davis: That is correct. Alderman Ferrell moved to approve the resolution. Alderman Thiel seconded the motion. Upon roll call the resolution passed unanimously. Resolution 95-05 as Recorded in the Office of the City Clerk. Meeting Adjourned at 6: 13 PM Dan Coody, Mayor Sondra Smith, City Clerk 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevillc.org -, • • City Council Meeting Minutes May 17, 2005 Page 1 of 21 Aldermen Ward I Position I - Robert Reynolds Mayor Dan Coady lil Ward I Position 2 - Brcnda 'l'hiel Cit Attorney Kit Williams Ward 2 Position I - Kyle B. Cook Y Y '�//�J� /(/.'.�� e Ward 2 Position 2 - Don Marr Cit Clerk Sondra Smith ! 1 \ , Ward 3 Position I - Robert K. Rhoads Y �+'�' Atr Ward 3 Position 2 — Robert Ferrell ARKANSAS Ward 4 Position 1 - Shirley Lucas Ward 4 Position 2 - Lioneld Jordan City Council Meeting Minutes May 17, 2005 A meeting of the Fayetteville City Council was held on May 17, 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, Cook, Marr, Rhoads, Ferrell, Lucas, Jordan, Mayor Dan Coody, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Pledge of Allegiance Presentation given by Steve Gibson of Urban Place Consulting regarding a Business Improvement District for Downtown. Mr. Gibson gave a brief report regarding a Business Improvement District for the Downtown area. Nominating Committee Report -- John White -- NWA Regional Airport Authority Board Alderman Ferrell moved to approve the appointment of John White to the Northwest Arkansas Regional Airport Authority Board. Alderman Cook seconded the motion. Upon roll call the motion passed unanimously. Town Branch Neighborhood Association — World Peace Wetland Preserve Check Presentation This organization presented a check in the amount of $75,000.00 to the city. Melissa Terry, with Audubon Arkansas, gave a brief presentation. She was representing the Fayetteville National Heritage Association and presented their mission statement. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayeuevi I le.org • City Council Meeting Minuses May 17, 2005 Page 2 of 21 Alderman Thiel commended the Fayetteville National Heritage Association for their hard work with land preservation. CONSENT: Approval of the Minutes: Approval of the May 3 , 2005 and the May 10, 2005 City Council meeting minutes. The May 3, 2005 Minutes were approved. The May 10, 2005 Minutes were pulled from the agenda. Emergency Medical Services Evaluation : A resolution authorizing payment not to exceed $21 ,000.00 to Washington County as the City of Fayetteville's share of the cost of the evaluation, study and recommendations for Emergency Medical Services. Resolution 96-05 as Recorded in the Office of the City Clerk. Highway 16 West Utility Agreement: A resolution to approve a Highway-Utility Agreement for preliminary engineering services with the Arkansas State Highway Commission related to the Highway 16 West (Wedington Road) widening project. Resolution 97-05 as Recorded in the Office of the City Clerk. Razorback Road Agreement: A resolution to approve a Highway-Utility Agreement for preliminary engineering services with the Arkansas State Highway Commission related to the Razorback Road widening project. Resolution 98-05 as Recorded in the Office of the City Clerk. GIS Mobile Equipment System Purchase: A resolution awarding Bid #05-31 to ESRI, Inc. in the amount of $ 12,877.94 for the purchase of one ( I ) ruggedized laptop computer with software and accessories comprising a GIS Mobile Equipment System. Resolution 99-05 as Recorded in the Office of the City Clerk. Alderman Jordan moved to approve the Consent Agenda with the May 10, 2005 meeting minutes removed. Alderman Cook seconded the motion. Upon roll call the motion passed unanimously. UNFINISHED BUSINESS : Amend & 96.5 Motor Vehicle and Motorcycle Sound Limit: An ordinance to amend §96.05 Motor Vehicle and Motorcycle Sound Limit of the Code of Fayetteville. This ordinance was left on the second reading at the May 3, 2005 City Council meeting. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) aecessfayettevi I le.org - - ` • • City Council Meeting Minutes May 17, 2005 Page 3 of 21 Alderman Thiel moved to suspend the rules and go to the third and final reading. Alderman Marr seconded the motion. Upon roll call the motion passed 7- 1 . Alderman Reynolds, Thiel, Cook, Marr, Rhoads, Lucas and Jordan voting yes. Alderman Ferrell voting no. Mr. Williams read the ordinance. Alderman Thiel: I think the sound limit for truck noise should be lowered. I don't mind tabling this for 3 months, through the summer months, and waiting to see the impact of what the Police Department is doing to enforce the current sound level . 1 know they've already taken some steps to deal with this problem. In fact, I think Captain Brown is here to elaborate on some of the things they' ve done. Captain Brown : I' ve have several studies from areas where I 've received some complaints and we' ve have the results from those studies which will narrow the time frame down that we need to do some enforcement. We are going to do some extra patrol in those areas. Certainly if there are any other complaints that come in whether it be cars with exhaust noise, loud car stereos, whatever the noise issues are, we will direct patrols toward those areas. We had a meeting with several trucking companies to let them know we were going to be out there during this enforcement and during those directed patrols. Hopefully, they and anybody that contracts from them will realize that if you' re taking your mufflers off or fooling with your muffler systems, then your vehicles will be in violation and you can get a ticket for violating our noise ordinance. That meeting went very well and they were very receptive to it. They thanked us for meeting with them and using a community oriented policing philosophy and bringing in anyone that would have an interest in the problem. They appreciated being invited to come in and hear what we had to say, make comments, and ask questions. They were great. Also, the neighborhood associations will continue to work with them on all issues, sound being one of them. We' ll go out and do some spot studies with officers in areas where we may have had some complaints or in areas where we think we may have some complaints generated. Mayor Coody: When you were talking to the trucking firms, were you referring to the state statute that said that all vehicles must have operable mufflers? Captain Brown : That state statue exists, but the sound limit that some of these vehicles are producing is because they have either altered their mufflers or taken them off was what we were going for. But there is a state statue against not having a muffler. It's hard for me to tell if somebody has altered the inside of their muffler, but if they violate the sound ordinance, it doesn' t matter. Mayor Coady: 1 wanted to visit with the folks on the Bikes, Blues, and Barbeque Board so we can use their website. We could basically replicate the Daytona attitude, which is "Welcome to Daytona, please ride quietly." We would like to see the same kind of work clone here and we would like to be able to count on the Bikes, Blues, and Barbeque website and their communication network to help spread the work to folks coming to town. Virgil Neuroth, with the Chamber of Commerce: 1 think you have a good idea. I think as Brenda has pointed out and by the testimony we just had from the police that getting the people that are involved with issues to talk before it becomes an issue and I think we are moving very fast to handle some of those issues here in Fayetteville before they' re problems. 113 Wcst Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetteville.org • City Council Meeting Minutes , May 17, 2005 Page 4 of 21 Mayor Coody: If you could get with me on that so we could make sure that gets on the website, it would be very helpful to us. Thanks, Virgil. Kit Williams : First meeting of September? Alderman Thiel: That' s fine with me unless someone else wants to go on with this ordinance. Alderman Thiel moved to table this ordinance until the September 6, 2005 City Council meeting. Alderman Marr seconded the motion. Upon roll call the motion passed unanimously. This Ordinance was Tabled until the September 6, 2005 City Council meeting. Black & Veatch Amendment No.l Noland Wastewater Treatment Plant: This item was tabled at the May 3, 2005 City Council Meeting to the May 10, 2005 Special City Council Meeting. This resolution was passed at a Special City Council meeting on May 10, 2005. NEW BUSINESS: Amend & 97.070 Recreational Activities at Lakes Fayetteville, Sequoyah and Wilson: An ordinance to amend § 97.070 of the Code of Fayetteville, Recreational Activities at Lakes Fayetteville, Sequoyah and Wilson (B) ( 1 ) Permits and (C) Fees. Mr. Williams read the ordinance. Alderman Thiel: Some of the Fayetteville stalls are being used as storage. I think everyone agrees that it is actually good for the elderly people to utilize the lake and help benefit the lake. But, the people that are just using those as just storage, it concerns me that they are being charged the same basically good fair rate and they're actually taking space from someone that might want it. Before I support this, I'd like to find out how many are being used just to store boats and if there' s some way that that could be tracked. That' s one of my concerns. Connie Edmonston, Parks and Recreation Director: I think it' s pretty much hear say from our current boat dock contractors that there are several people that do not always use it or they let other families and friends use their boat and their boat stall. But, I have never had a real number. I have heard Mr. Black say several times that there are several people that do that. How we would track it, we would have to come up with some type of measuring device if you don't use it so many times a year, then you have to give up that stall. We would have to come up with some kind of policy that would be fair. We always have to keep in mind that people do have their bad years where they have an operation or something happens in their family where they just aren't going to get out to the boat stall that often that year. It' s going to be very difficult too. We could keep track as to the days, but it' s going to go back to the stall rentals to report the days they are there. There could be some difficulties in executing some type of policy. We could do so if you did desire. I understand; I want as much good usage out there as possible. I don't want it used as just a storage unit. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetteville.org • • City Council Meeting Minutes May 17, 2005 Page 5 of 21 Alderman Reynolds: I 'd like for Connie to contact both boat dock operators and find out how many are out there and if they' re using them in that way. Both operators know who they are. Connie Edmonston : Yes. Alderman Reynolds: I ' ve visited with them before about that and there' s some boats out there at Lake Fayetteville that hadn't been looked at in five or six years. Connie Edmonston: 1 can do that. But actually, that would not probably change. If we changed the rates that would just be a policy change that we would have. Alderman Reynolds: We may have to make a policy on this end stating that if you don't use it, you lose it. Alderman Marr: I don't really care for the way this review process is getting a recommendation with one set of information but not having that information taken in totality to the Parks Board. The Parks Board looks at the information without having the information we had, to make a different recommendation back to the full Council. It seems to me that if we're going to get the Parks Board recommendation, we need to get it before it goes to ordinance review, so we understand what feedback they received so it' s not changing. And, if we're going to go the route we did, we should give the Parks Board the same information the Ordinance Review Committee got. Connie Edmonston : They had the same information you have. Alderman Marr: So they had the cost of services, the maintenance costs that were done? Connie Edmonston : Yes. 1 can give you the agenda packet that we prepared for them for the March meeting. Alderman Marr: There just wasn't any discussion in the minutes at all related to that item, so that was not a point of consideration. Connie Edmonston : It was my recommendation to wait and let the public have another month for input, even though we did post the new fee recommendations at the boat docks. Alderman Marr: There is no discussion in the minutes about the cost to operate these boat docks. Although there is no comparison between boat docks at Lake Fayetteville and boat docks at surrounding areas, the information we were given was that the next closest boat dock rental price was $700. The advantage of the City of Fayetteville boat dock storage was the proximity to town. Alderman Farrell I think shared a concern after an Ordinance Review Committee meeting, that even if we moved the increases at all, we should stagger them, which 1 thought was a good point. I feel like we didn't suggest as large of an increase on out of city residents in this area, where we have a large gap, where we have a large waiting list, and where we have people storing boats. So, it seems to me that we kind of throw out the cost of maintaining these. One of the concerns was that Sequoyah' s boat docks were in such disrepair, we shouldn' t be able to charge what we would have charged in comparison to Lake Fayetteville. And, the reason we don't maintain that is we don't collect enough revenue to maintenance it. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) access f'ayettevi I I e.org } • • City Council Meeting Minutes _ May 17, 2005 Page 6 of 21 It' s an item I think we need to look at when we're setting these fees. You can have fees and you have senior citizen discounts fees if that' s a consideration, but to me, there should be a bigger gap between city and non-city residents and there should be a plan to get this closer to the 75% user fee cost that the Ordinance Review Committee sought. Mayor Coody: Do you have a recommendation? Alderman Marr: I think we made one earlier. Alderman Thiel: We made one and we asked for that and we did not get it. We did not receive that information, so we're not even sure what recommendations we made. Connie Edmonston: Ms. Thiel, are you relating to the Ordinance Review recommendations that were on this chart or are you relating to the given policy. Alderman Thiel: The ordinance review recommendation is there? Connie Edmonston: Yes. Alderman Marr: Where is the recommendation the Ordinance Review Committee received from the staff on the user fee policy? Alderman Thiel: We reduced it from that. Connie Edmonston : There's the cost of the lake budget, revenues, and then the recovery rates at the bottom of the chart. Mayor Coody: It sounds like the Council is not ready to make a decision on this tonight. Do you want to table this until we hammer these issues out? Alderman Thiel: Yes, because we didn't get some of this information until after the agenda meeting. Alderman Marr: Obviously we have a Parks Board to get feedback and get recommendations from and I'm not trying to circumvent that process. We had two aldermen that went to that meeting and testified in the minutes about why we need to have rates that are lower. I 'm not opposed to that. What I want to better understand is that we were told we had a waiting list of 35-40 at the Ordinance Review Committee meeting, and we have heard since then that we have people storing boats at a $325-$350 rate, when the next closest rate, outside of the City of Fayetteville is $700. To me, if we're going to give a break, we ought to have a bigger spread between city resident' s and non city residents and we should address the boat storage issue before we pass it. That's what I would like to see before the next meeting. Connie Edmonston: I agree. Alderman Farrell: I agree with Alderman Thiel and Alderman Marr about the people that are using that for storage. In reading the ordinance that was passed in 1999, which is an amendment, it says that the boat space can be terminated if you violate any of the rules. If we simply insert a rule that says if the stall is used for storage instead of fishing, and we could come up with a definition for that, I would be all in favor of doing that. I don't want to start a rate war with the 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetteville.org • City Council Meeting Minutes May 17, 2005 Page 7 of 21 town north of us. I would support changing this to get rid of the people that are using it for storage. Mayor Coody: So is the intent to send this back to Ordinance Review, back to the Park & Recreation Board, or leave it on the first reading? Connie Edmonston : Do you all have a feel for how many times you want them to have to use their boat before we say they have to leave? That' s going to be the question. Alderman Thiel: Some of the boats have sat out there for 3 or 4 years. Connie Edmonston : Years ago, we did have land storage back in the 80's and I believe it lead into the early 90's. However, that got to be very tedious to maintain and we had some problems with them being too open and items were being stolen out of their boats. Alderman Reynolds : We almost never got that mess cleaned up. Connie Edmonston : It was a mess. Alderman Farrell: I would say that if they don't move it a couple times a year, they aren't fishing. If somebody has a better number, I'm willing to listen. But I agree with you, Connie, it' s good to have a number. Gary Dumas, Director of Operations: I think there are two issues we're talking about. One is the utilization of the facilities and the other was revenue collection based on the expenses of the lake operation. In the report, we had 2,005 predicted revenues. The ordinance review recommendation would have recovered about $65,000 and the Parks Board recommendation would have recovered a little over $80,000. So, the Parks Board recommendation recovers about 98% of the Parks and Recreations direct cost as compared to about 79% of the ordinance review recommendation. I think that although we can still look at making sure there is utilization of the facilities for the benefit of all the users, from the revenue generations which is what we were trying to do, it would appear that the Parks Board has significantly increased the Ordinance Review amount and even the predicted revenues based on the old fees of about $48,000 back when we did the budget last November and December. Alderman Marr: The difference between the Parks Board recommendation and the Ordinance Review's was we didn't recommend changing permitting fees to actually fish and use the lake. We did not recommend increasing fees for boat usage in the lake. We wanted people using the lake. We were ok having it meet our 75% recovery cost because citizens pay taxes for our parks, and this lake is a park. While the Parks Board recommendation might get 981.1/0 of the fee, they went completely opposite in the direction of charging fees for use, which was opposite of the Ordinance Review Committee's recommendation. And, the area we thought was under-covered is the area that they reduced. I think we have two concerns on this, and one is that our message was not totally to get to 100%, because we were looking to get to maintenance cost review. But, when we heard senior citizens used it, we wanted them using the lake and not having it go from $ 1 or $2, which I think is what it was, to $6, which is a 300% or 400% increase, which is where the bulk of the revenue was, which is why the numbers turned out the way that they did. So, it was just a philosophical difference of what pieces we wanted to cover. We didn't a see high impact of usage for someone 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetteviIle.org • City Council Meeting Minutes _ May 17, 2005 Page 8 of 21 putting their pole in the lake, which is where the Parks Board increased the rates. We saw impact, usage, and maintenance of our stalls. Alderman Reynolds : But Don, on the other flip of that coin, all the people that showed up at that meeting agreed with this program and they also said that if it didn't work, they were willing to come back and look at it again to make it work. But, they were satisfied with what the Parks & Recreation Board had come up with on all the fees. Alderman Thiel: Tripling the boating fee, daily. They were ok with that? Alderman Reynolds: Yes. Everything in the proposal. Alderman Rhoads: Could we also see what the going rate is for boat storage in the Fayetteville/Springdale area? When you bring back the rest of the information, would you add that to it, please? Connie Edmonston: Yeah. I have the benchmark in the packet for Beaver Lake. Alderman Rhoads : Not Beaver Lake. It's boat storage. Connie Edmonston: Oh, boat storage. Ground storage, you mean? Alderman Rhoads: Whatever would be comparable to what they're doing. Connie Edmonston : I don't know of any. I do not know of a public place that you can store a boat by water, comparable to what we have. Dry storage, I can get that. Alderman Marr: Mayor, if we could validate what the waiting list is for these boat docks, if there really is one or not one. Alderman Lucas: I'd like to know the percentage of in-city and out-of-city renters of the boat docks. Connie Edmonston: That actually is on our report for Lake Fayetteville. There were 24 Fayetteville residents and 20 non-residents at Lake Fayetteville. So it' s pretty split. Larry Aggus, Owner of South Town Sporting Goods : 1 am interested in seeing that everything's fair and equitable out there. The thing I want to stress is that I think all the users of these facilities should be held equally responsible for what they do. And, it seems to me that the fishermen are being kind of singled out. I may be wrong. But, they pay a fee. I don't see where we do a lot for them to fish. They go to the lake and they fish. I agree you need a control of the access, because if you don't, you'll have a mess out there. I think maybe just a nominal use fee of 1 $42 would be good. I would like to see that considered very seriously for the day the person goes in. For the stall rental, I have no input on that. Springdale doesn't charge a fee to use Murphy Park or their lakes. Most of them don't charge anything. But, I think a small fee would be good and it would help control access. There are a lot of places to get into it and as it is now, there' s one place you can come through to get a permit, and you can control the access to that facility. I think that' s been good and it has obviously been in the books since 1965 . But, I hope you look really hard at the day use on this facility and try to weigh everything. I'm seeing, what 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetteville.org