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HomeMy WebLinkAbout2005-05-17 Minutes• • Mayor Dan Coody City Attorney Kit Williams City Clerk Sondra Smith aye evi e ARKANSAS City Council Meeting Minutes May 17, 2005 City Council Meeting Minutes May 17, 2005 Page 1 of 21 Ward 1 Ward I Ward 2 Ward 2 Ward3 Ward 3 Ward 4 Ward 4 Aldermen Position 1 - Position 2 Position I - Position 2 Position 1 - Position 2 Position I - Position 2 - Robert Reynolds - Brenda Thiel Kyle B. Cook - Don Marr Robert K. Rhoads — Robert Fen -ell Shirley Lucas Lioneld Jordan 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, Man-, 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 Aubrey Shepherd and Jennifer Creel, representing the Town Branch Neighborhood Association, presented the city with a check in the amount of $75,000.00. Mayor Coody thanked the Town Branch Neighborhood Association for their donation. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes May 17, 2005 Page 2 of 21 Melissa Terry, with Audubon Arkansas, gave a brief presentation. She congratulated the Town Branch Neighborhood Association for their conservation of this natural area. Alderman Thiel commended this group for their hard work with this 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 1105-31 to ESRI, Inc. in the amount of $12,877.94 for the purchase of one (1) 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) accessfayettevi1le.org • • • J • 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- 1 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. I 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 Coody: I 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 done 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: I 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 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi I Ie. org City Council Meeling 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.1 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, Sequovah 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. 1 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 11] • • I • 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: I can do that. But actually, that would not probably change. If we changed the rates that would dust 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. I 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 Fan -ell 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 I 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 Targe 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) accessfayettevi 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 hammerthese issues out? Alderman Thiel: Yes, because we didn't get some of this information until after the agenda meeting. Alderman Man-: 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 1 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 1 would like to see before the next meeting. Connie Edmonston: 1 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. 1 don't want to start a rate war with the 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi Ile.org • • • 1 • I• 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 1 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: 1 would say that if they don't move it a couple times a year, they aren't fishing. If somebody has & 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: 1 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 98% 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) accessfayettevi11e.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 seewhat 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: I 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 thesefacilities 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. 1 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. 1 think maybe just a nominal use fee of 1$-$2 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. 1 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 • • • i City Council Meeting Minutes May 17, 2005 Page 9 of 21 seems to me kind of an unfair assessment or penalty charged to fisherman and 1 don't know why. I'm sure it's been that way for years. Let's try to keep it at a minimum. Alderman Thiel: I think the point he made is very good, and everyone really does need to look at this rate. The Parks Board recommendation went from $1 to $5 per daily boating for seniors. I think he made some valid points. This Ordinance was Left on the First Reading. Washington County Cost Share for Woolsey Farm Road & 54th Street: A resolution authorizing the payment of $95,686.00 to Washington County as the City of Fayetteville's share of the cost of Improvements to Woolsey Farm Road and 54th Street along the southwest perimeter of the Westside Sewer Treatment Plant; and approving a 20% project contingency in the amount of $19,137.00. Gary Dumas, Director of Operations: We have some updated numbers on that that we just received today. You have a memo I think in front of you. The total project cost is about $186, 940. The city's share of that is $93,470.27 with a 10% project contingency. That would bring the total project up to $102,817.29 verses the numbers the mayor just read. Kit Williams: There will need to be a motion to amend the resolution to the one I just handed out. There is also a new section 3 there. Alderman Rhoads moved to amend the resolution. Alderman Reynolds seconded the motion. Mayor Coody asked shall the motion pass. Upon roll call the motion passed unanimously. Alderman Jordan moved to approve the resolution as amended. Alderman Reynolds seconded the motion. Upon roll call the resolution passed unanimously. Resolution 100-05 as Recorded in the Office of the City Clerk RZN 05-1448 (Stages): 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. Mr. Williams read the ordinance. Jeremy Pate, Director of Current Planning: The Planning Commission voted 8 to 0 to recommend approval of this rezoning request to the City Council from RSF-4 to C-2 Thoroughfare Commercial. Properties located across from McBride Distributing Facility and the Tyson Plant area, on South School, which is zoned I-1. There are also adjacent properties zoned C-2 to the north. As you're well aware there are several bail bondsmen in this area, primarily because of the Washington County jail facility that is in this area. A question was asked at agenda session about remedial measures and how we're not typically supportive of a business that goes in illegally and then is the track that they come. However, this is the remedial process that the city does have. There was no permit required for someone to go into this house and put 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.ore City Council Meeting Minutes May 17, 2005 Page 10 of 21 up a business, except for their sign and that's originally how we caught that, as a violation notice was issued and this is a remedial measure. If the rezoning is denied, that business person will have to move from that place of business and we would follow suit with the prosecutor's office to do that. However, we feel that the future land use plan in this area does promote this type of development and we're supportive of this rezoning application to C-2. Alderman Thiel: All the neighbors have been notified, and there were no objections? Jeremy Pate: No. Alderman Thiel: And residential zoning will remain on 2 sides? The back and the south side? Jeremy Pate: On the south side, there is a rezoning request that the Planning Commission will be looking at either this coming meeting or the following for the bail bondsman office that is going in there as well. There is a request for a C-2 zoning on that property as well. Alderman Thiel: So that would make that whole strip from Country Club Road down to Peach? Jeremy Pate: There may be one lot. I'm not exactly sure because 1 haven't reviewed that in total, but I know that the address next to this has a request for a rezoning application on that one as well. Alderman Thiel: None of the residences, west of there on Hayden, have objected? Jeremy Pate: We have not heard anything from any adjacent property owners. Alderman Thiel: Have they all been notified or do they have to be touching the property, those on Hayden? Jeremy Pate: We typically notify property owners even from across the street, even though this is not required by the city. For instance, McBride Distributing should have received notification. I can verify this for you if you'd like, and we can double check to make sure these residents have been notified if you choose to leave this on this reading tonight. Alderman Marr: Jeremy, in our packet on .the close-up view of the subject property, the property you're speaking of coming to Planning Commission, is that the property north, between the current C-2 and this requested property? Jeremy Pate: That property is already zoned C-2. The label is shown higher up. Alderman Marr: What about this house on the property just south of it that is crossing the line? Jeremy Pate: That's a product of an old aerial photograph. Most of the state is taken off aerial photographs and these maps are then generated from that. There's probably a situation where that's just a wrong location. Alderman Marr: Are all the properties across the street from Hayden Avenue still RSF-4? 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi11e.org • • I • City Council Meering Minutes May 17, 2005 Page 11 of 21 Jeremy Pate: That is correct. Across from Hayden Avenue and to the east, you can see on page 14 of 16, those properties to the east are zoned RSF-4. There's an old subdivision that has never been developed except for those two streets, Hayden and Denver are the only two. Alderman Marr: Are bail bondsmen offices not allowed in residential office? Jeremy Pate: I do not believe so. I think we checked that use unit to see if that was a potential for this area I know we've checked that on 6th street before, because that particular strip area is designated mixed use, as opposed to the community commercial that this is designated and I believe that we have designated a use unit to that that is not allowed in the PRO district. Alderman Marr: It concerns me that with that street directly aci-oss Hall' being single-family residential and the one south of it. Typically, we see zoning transitions from industrial, commercial, residential office. I'd be more comfortable with it if it was an R -O zoning, but if it's not allowed, then it's not allowed. Jeremy Pate: We've assigned use unit 16 to bail bondsmen, under shopping goods and 1 do not believe that is allowed in the R -O zoning district. I can find out. Alderman Marr: Could they have done a conditional use on the property? Jeremy Pate: No. Use unit 16 is not allowed by right or conditional use in an R -O Zoning district. Mayor Coody: Could they have done a conditional use? Jeremy Pate: No, sir. Alderman Marr: Thank you. Russell Staggs, citizen: To the west of us is where the Tyson plant and jail facility are and to the east, there are houses behind the road. We own the two lots there, and right next to our property line is another bail bond business. There's not much room from the back of the house to the street. Alderman Thiel: My concern was if everyone was notified or not. Jeremy Pate: 1 can verify that for you if it's the Council wish to leave it on this reading for the next meeting. We have certified mail receipts for every mailing that has been sent out. Alderman Reynolds: 1 wouldn't mind going through two readings, but I'd like to see those copies for the third reading. Alderman Lucas: 1 don't like businesses to move in and then we have to rezone to fit whatever has already moved in. Alderman Jordan: 1 would tend to agree with Shirley. We've seen that in our ward a time or two and it never does work out very well. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi I le.org City Council Meeting Minutes May 17, 2005 Page 12 of 21 Alderman Thiel: As Jeremy pointed out at the Council tour, this gentleman really did assume that that was commercial. Alderman Reynolds 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. Alderman Farrell: Have you lived there quite sa while or did you recently get the property and decide to go into business? Mr. Staggs stated that bail bondsmen often move their businesses to be closer to the jails. He said that the property owner thought that the property had already been rezoned and that the property was commercial already, but was not aware of any paperwork that the owner possessed as evidence of the land being commercialized. This Ordinance was Left on the Second Reading. RZN 05-1450 (Stonebridge Meadows Phase V): An ordinance rezoning that property described in Rezoning petition RZN 05-1450 for property located at Goff Farm Rd:, east of Crescent Lake Subdivision and west of Stonebridge Meadows Golf Course. The property is zoned R -A, Residential -Agricultural and contains approximately 26.61 acres. The request is to rezone the subject property to RSF-4, Residential Single Family, 4 Units per Acre. Mr. Williams read the ordinance. Jeremy Pate: This property is located on Golf Farm Road, and this is intended to be another phase of the Stonebridge Golf subdivision that is rapidly developing around the golf course. To the west is a tributary lake; to the west of that is Crescent Lake subdivision, which is listed there in your ordinance. I believe one of the holes for the golf course is located to the east of this property. One of the holes for the golf course is between this property and Stonebridge Meadows Phase 1. The Planning Commission did vote 8-0 to forward this item with recommendation for approval. We did not receive any public comment at the Planning Commission meeting. I would like to mention that it is currently a vacant pasture, and this property is within the bridge assessment area for Dead Horse Mountain Road. Therefore, at the time of development, there will be a calculation made for assessment for that bridge. Alderman Cook: Is the bridge assessment done as one lump fee up front or is that assessed as the lots are sold? Jeremy Pate: It's part of final plat, so it's a lump fee and is based on the vehicle trips that are generated by that development. Alderman Reynolds 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. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi 11e.org 11) • City Council Meeting Minutes May 17, 2005 Page 13 of 21 • Alderman Thiel: 1 haven't had any calls about this particular rezoning. I think people are concerned about the growth in this area, but I haven't had any calls about this one. • • Alderman Reynolds: No phone calls. 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: 1 wanted to make a comment that Alderman Reynolds made at the Street Committee meeting about widening Hwy 16 out there. He makes a good point that we should widen it further out because of reasons just like this. We're putting more houses out in this area, so 1 dust wanted to make that comment real quick. Alderman Thiel: 1 wasn't at the last street meeting, but I had mentioned that at the prior one. At the next street meeting, we're both going to suggest that we extend the highway and try to get a cost estimate and add that into our street package. Alderman Reynolds: The neighbors out there also suggested that we go to the bridge. We would just go to the bridge and later work on the rest of it. Alderman Lucas: Is there any way the state will help us with that? That's a state highway. Mayor Coody: 111 ask. Alderman Thiel: We're possibly going to break down the bond issue, and if we do that, we'll look at some things that are more long range. Alderman Lucas: I think it's very necessary, but I also think that since it's a state highway, it couldn't hurt to ask. Mayor Coody: Once we get a finalized picture of what it is we want to do and pull out the state highways, which are the bulk of what we want to do, and then we'll talk to the Highway Department about what they can do to help us out. Alderman Cook: It speaks a good case for impact fees also. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 4701 as Recorded in the Office of the City Clerk. VAC 05-1435 (Aspen Ridge): An ordinance approving VAC 05-1435 submitted by Matt Crafton for property located near 6th Street and Hill Avenue, vacating right-of-way for Duncan Avenue and Anderson Place on the subject property. Mr. Williams read the ordinance. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes May 17, 2005 Page 14 of 21 Jeremy Pate: Members of the Council, you might remember the Aspen Ridge plan zoning district that was approved back in January of this year for infill development of 220 condominiums at 6th and Hill Avenue. Part of the conditions of the approval of that project was vacation of right-of-way for a portion of Duncan Street and a portion of Anderson Place that was on the subject property and had never been constructed to their street standards. They did provide access to the homes that were there, which have since been removed. The project on page 11 of 30 indicates the new alignment of the streets as part of the planned zoning district project and does allow for the connectivity that the city does desire to keep in that area Therefore, we are recommending that these existing rights of way be vacated and that the new rights of way be dedicated as part of the conditions of approval for this project. The Planning Commission did vote 8-0, after discussion, to forward this item to the City Council on April 251h, and there were no objections submitted. Matt Crafton, with Crafton, Tull and Associates, representing Hank Broyles and Hale Forsyth: Good evening Mayor and City Council. Jeremy has done a very good job of what we're asking for. There is some existing right-of-way there that does need to be vacated as part of this project and we're actually giving the city much more right of way than they have right now. We'd be happy to answer any questions you might have and hope for your support. 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. Mr. Williams read the ordinance. Alderman Jordan 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 Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 4702 as Recorded in the Office of the City Clerk. VAC 05-1440 (Waitsman): An ordinance approving VAC 05-1440 submitted by Jeff Martin for property located at 3565 Natchez Trace, Savanna Estates, vacating a portion of a drainage easement as indicated on the attached map and legal description. Mr. Williams read the ordinance. Jeremy Pate: This vacation request is a much smaller vacation request, and it's of an easement as opposed to right-of-way. Actually, it's not a full utility easement; it's just a drainage easement. The city does have a 30 inch drainage pipe located within this easement. The Transportation/Engineering Division did field inspect this request and determined that vacating this easement will not adversely affect the city's ability to service and maintain this city infrastructure. No objections were submitted to this request and the Planning Commission did vote 8-0 for approval. Alderman Rhoads: Mr. Mayor, neither the builder nor the petitioner could make it, but I did talk to the petitioner today and I hope that we support moving this through on 3 readings. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi1le.org • City Council Meeting Minutes May 17, 2005 Page 15 of21 Alderman • Alderman Marr moved to suspend the rules and go to the second reading. Jordan 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 Reynolds 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. Ordinance 4703 as Recorded in the Office of the City Clerk. VAC 05-1453 (St. James Missionary Baptist): An ordinance approving VAC 05-1453 submitted by Steve Clark for two alleys and an unobstructed street located at the southeast corner of Rock Street and Willow Street as described on the attached map and legal description. Mr. Williams read the ordinance. Jeremy Pate: The St. James Missionary Baptist Church has recently submitted a conditional use request and large scale development plans for construction on this property, which contains about 5 acres. Staff has been meeting with the applicant and their representatives in the past months to bring forward a project that would meet the need of the church and benefit the community, while meeting city ordinances. The site plans currently submitted, however, do not allow for the construction of this structure with the existence for the platted rights-of-way, which is the subject of this request to vacate those rights of way. The property was originally platted as part of Hills Addition in 1905, with many small residential lots, but has not been developed or used as such. Along with the lots, there is a system of platted allies and a 40 foot wide street, known as Southern Avenue that has not developed within that 100 year period. The applicant is proposing to vacate those streets and allies that are on the subject property and shown on your maps that are attached. The findings that we utilize for this are again shown in your warehouse clauses under the ordinance. The city staff determined that there was not a useful corporate purpose for these streets and allies. Also, there was a time period exceeding the 5 years. In fact, it has been 100 years in this period that those streets and allies have not been utilized for public purposes. Therefore, the city staff recommended to the Planning Commission and to the City Council, approval for vacating these existing rights-of-way. The Planning Commission voted 5- 3 to forward this item with the recommendation for approval. There was one public comment to the east of the property. It is not subject to one of the vacation requests. However, there is an alley there along the east of the property that's not being requested to be vacated, and that property owner simply stated that he would like have that retained as an alley. Alderman Thiel: Basically, you are going by this preliminary plat that we have at this time. The street obviously goes right through the proposed building site, but why does staff see the need to vacate the alley? Jeremy Pate: The request came from the applicant to vacate all of these allies, because obviously those would be public rights of way maintained and owned by the public, in the 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes May 17, 2005 Page 16 of 21 middle of a private development. We did not feel that with any type of development, whether it's a church or not that that type of development would necessarily benefit from the use of that alley system in this case. Alderman Thiel: Has any of the alley been vacated down to Walker Road, or is it still currently in existence? Jeremy Pate: 1 believe it is in existence. The alley from Rock Street to Walker is all still in existence, but it has not been utilized to the best of my knowledge. Steve Clark, representing St. James Missionary Baptist Church: Jeremy has pretty much covered all of the issues. if you have any questions, we'd be happy to answer those. Mr. Williams: 1'd like to note that somehow 1 missed section 3 when it went through. That doesn't need to be in there, because there's no emergency clause. So if you would move to remove section 3 and make section 4 the new section 3, I would appreciate that. Alderman Jordan moved to amend the ordinance to remove Section 3. Alderman Cook seconded the motion. Upon roll call the motion passed unanimously. Alderman Marr: I'm going to support this on the requirements on vacation, but when I'm looking at page 15 of 18, having gone on tour of this site, I think the slope is 15-33%. Jeremy Pate: Somewhere in that range. Alderman Marr: It concems me, in this layout that a 26,000 sq. foot building is on a hillside with a slope of 15-33% on a one flat building with parking and the cut that would need to be made in the site to build this. So, I'm hoping that in large scale development, that the Planning Commission and Planning staff will really look at tree preservation and hillside cuts, drainage, and grading issues as it relates to this land. But, I don't think that relates to the vacation tonight, but 1 do want on record that I don't think we should allow the kind of things to happen that we're trying to prevent in our Hillside Ordinance Study. Alderman Farrell 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 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. Mr. Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 4704 as Recorded in the Office of the City Clerk. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi I le.org 01 • City Council Meeting Minutes May 17, 2005 Page 17 of 21 • VAC 05-1454 (Hargus): An ordinance approving VAC 05-1454 submitted by Marla and Robert Hargus for an alley located East of Hill Avenue within Dowell's addition as described on the attached map and legal description. • • Mr. Williams read the ordinance. Jeremy Pate: This property is located as mentioned in the Dowell's addition on Hill Avenue, directly south of the Aspen Ridge project we just recently saw. The property owner owns property on both sides of this alley and therefore vacating this alley would allow utilization of that property for some potential single family or multifamily developments in the future. The 20 foot alley was dedicated at the time the property was subdivided and the southern portion of the alley has actually already been vacated by the National Cemetery and Improvement Corporation back in 1999. Therefore, it does not lead anywhere; it is simply bisecting this property. The applicant is requesting to vacate that 20 foot wide alley, and the Planning Commission voted 7-0 to recommend this for approval to the City Council. Alderman Lucas: I just wanted it for the record that you did say that we are only changing it from an alley and we still have the easement? Jeremy Pate: That is correct. In section 4 of the ordinance, it states the Planning Commission recommendation and staff reports for this vacation approval are part of the exhibit and will be filed as such. And, one of the conditions of approval is that that be maintained as a utility easement. Alderman Lucas: Thank you. Alderman Jordan 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 Jordan 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 Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 4705 as Recorded in the Office of the City Clerk. VAC 05-1456 (Reindl): An ordinance approving VAC 05-1456 submitted by Mandy Bunch for property located at 580 West Meadow vacating two sewer easements as indicated on the attached map and legal description. Mr. Williams read the ordinance. Jeremy Pate: The final vacation request tonight and is an easement vacation on a piece of property approximately 2.4 acres in the downtown area It is west of the Nadine Baum Center, 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi 11 e.ore City Council Meeting Minutes May 17, 2005 Page 18 of 21 back behind the Rendell buildings that are currently being renovated. The applicant has secured approval from the Planning Commission to construct a 30 unit multifamily condominium style development on those 2.4 acres. There were warehouses on this property that were utilized many years ago and sewer lines underneath where those warehouses once stood. Those have since been raised and removed. Part of the conditions of approval for this project was that these easements be vacated and that the sewer lines be rerouted. Therefore, this is the subject request to do that very thing. The Planning Commission did vote 8-0 to forward this item to the City Council and staff is recommending an approval of an ordinance vacating these utility easements. Alderman Marr to suspend the rules and go to the second reading. Alderman Jordan seconded the motion. Upon roll call the motion passed unanimously. Mr. Williams read the ordinance. Alderman Marr moved to suspend the rules and go to the third and final reading. Alderman Jordan 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. Ordinance 4706 as Recorded in the Office of the City Clerk. ADM 05-1514 (Sloan Estates) Master Street Plan Amendment: A resolution approving ADM 05-1514 amending the Master Street Plan, realigning the proposed Sagely Lane, designated a minor arterial, in the manner approved by the Planning Commission for Sloan Estates Preliminary Plat (PPL) 04-1338. Jeremy Pate: This is an item that was added at the City Council agenda session, and we've included in your packet. This property is located on Gully Road and is contains about 32 acres. A preliminary plat was approved by the Planning Commission to create a 62 lot subdivision with 57 single family lots. It is located in the planning area east of the city limits. In 1997, the owner of the property requested and was approved for a lot split on this particular property per our Master Street Plan right-of-way dedication requirements. Right-of-way dedication was required by the Planning Commission. The applicant appealed the decision to the Council in 1997, and the City Council passed a resolution to modify the conditions of approval in lieu of dedication of a 90 foot right-of-way. The applicant filed a warranty deed to restrict development on the 90 foot strip across the land, as depicted on the Master Street Plan. Essentially, it was a deed restriction as apposed to right-of-way dedication. It is now 2005, and the property is under development, and the actual alignment of that Master Street Plan has changed somewhat and moved to the south. Of course, that resolution is still in effect and there is still a deed restricted area on which no lots could contain homes, so staff is bringing forward this resolution that is in your packet. In two fold, both to amend the Master Street Plan to indicate that the minor arterial in this location will shift south and to release the deed restriction on that particular piece of property. Alderman Thiel: So basically all this is doing is just moving the street? 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi I Ic.org • City Council Meeting Minutes May 17, 2005 Page 19 of 21 Jeremy Pate: That's correct. It's two -fold. There is a deed restriction by resolution, so it is removing that and it is simply acknowledging that the same connectivity is being maintained. It's just in a different location a little bit further south. You can see on the exhibits there what the difference is. Alderman Thiel: And the deed restriction goes away then? Jeremy Pate: That is correct. Alderman Thiel: Ok. Nancy Wolf, a resident: The residences of this area have been following this development very carefully, trying to follow the approval process. And, as far as 1 was aware, it has not been finally approved yet. It was still in the County Planning Office. There is dirt work and everything already being done out there, and I was just concerned. Can developers start on the roads and start on the retention ponds before the final plats are approved? Mayor Cody: Generally Not. Alderman Jordan: That's a really good point. Jeremy Pate: They can begin construction before final plat if they have received construction plan approvals from our City Engineering Divisions. I'm not sure where they are in the County process. The County also has to approve a preliminary plat, because this is within the planning area. Mr. Art Scott is the engineering representative for the applicant. Art Scott, engineering representative for the Sloan Estates applicant (petitioner): This was approved at the County Planning Commission for preliminary plat and the County Road Department has approved it for construction. Bonds were submitted and they approved the start of construction after the pre -construction meeting was held. So, they started construction. In the mean time, we got this item submitted to you to clarify the final alignment of that Master Street. Mayor Coody: Thank you, Mr. Scott. Alderman Thiel: 1 don't have any problems with realigning this street and that's all we're doing here. 1 do have a concern for the lady that spoke earlier. Obviously, the neighbors out there want a chance to express their feelings about this. Is there another meeting on the County level where they'll get to do that? Jeremy Pate: We did have quite a bit of public comment. This project was redesigned several months later and resubmitted in a couple of different manners before the Planning Commission did approve this project. So, we had a lot of public comment at all of those meetings. Additionally, I believe the County does take public comment at their Planning Commission meetings as well. Essentially, what has been approved is the preliminary plat construction plans. The only other item that would come before the Planning Commission for public hearing would be the final plat, which is essentially showing the final plat document and having inspection of all the streets and everything that has been constructed. That's the only other item that we would have. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) access fayetteville.org City Council Meeting Minutes May 17, 2005 Page 20 of 21 Alderman Marr moved to approve the resolution. Alderman Thiel seconded the motion. Upon roll call the resolution passed unanimously. Resolution 102-05 as Recorded in the Office of the City Clerk. PUBLIC HEARING: A Limo For You Certificate: A resolution granting a Certificate of Public Convenience and Necessity to A Limo For You for the operation of up to three (3) limousines within the City of Fayetteville, Arkansas. Captain Brown: I've received all the necessary paperwork. 1 did mention at the agenda session that since I submitted the application and financial statement, that 1 had received proof of insurance. After reading that document, I believe it's a finance agreement for insurance. It says auto insurance; I don't have any vehicle specified on this document, so I will be getting that from them, that they have proof of insurance on each of their automobiles On the next one, Luxury Limo, I have provided you with copies of the insurance cards from each of those vehicles. This document that was faxed to me, after I submitted all of the paperwork, is a finance agreement for all of the insurance. It does say auto insurance and it is in the applicant's name, but I just don't have the specific vehicles that the insurance covers. Mayor Coody: Are you comfortable, if we were to approve this tonight, that you'd be able to get all that paperwork? Captain Brown: I'll get with them and get them to provide it. The state law would require that they have that proof of insurance in the vehicle anyway. So, I can get that proof from them. They're asking for 3 vehicles. Currently we have 17 limousines approved. Alderman Reynolds: I'm just glad we've got some really good companies stepping forward and giving us some good service. It has been a long time coming. Mr. Brown, thank you for following through with a good program. Officer Brown:. We're working on it. Some of the research we have to do on backgrounds and so forth takes a little bit of time, but it's worth it to get quality people driving these vehicles. Alderman Reynolds: I'm glad you're doing it. Mayor Coody: Yes, good fob. Alderman Reynolds moved to approve the resolution. Alderman Farrell seconded the motion. Upon roll call the resolution passed unanimously. Resolution 102-05 as Recorded in the Office of the City Clerk. Luxury Limousine Certificate: A resolution granting a Certificate of Public Convenience and Necessity to Luxury Limousine for the operation of two (2) limousines within the City of Fayetteville, Arkansas. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) access fayettevi I I e. org • • I City Council Meeting Minutes May 17, 2005 Page21 of21 Alderman Cook: It seems like we've approved a lot of limos. Did Mr. Curry bring taxis before us? How many taxis have we approved? Captain Brown: 1 didn't bring the number for taxis. We had 17 limos, and now we have 20 limos with the three you just approved. With this one added, it would be 22 limos total. Alderman Farrell moved to approve the resolution. Alderman Reynolds seconded, the motion. Upon roll call the resolution passed unanimously. Resolution 103-05 as Recorded in the Office of the City Clerk. Meeting Adjourned at 8:00 PM Dan Coody, Mayor Sondra Smith, City Clerk/Treasurer 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org Mayor Dan Coody City Attorney Kit Williams City Clerk Sondra Smith aye evl e ARKANSAS City Council Meeting Minutes May 17, 2005 City Council Meeting Minutes May 17, 2005 Page 1 of 21 Aldermen Ward I Position I - Ward 1 Position 2 - Ward 2 Position 1 - Ward 2 Position 2 - Ward 3 Position 1 - Ward 3 Position 2 Ward 4 Position I Ward 4 Position 2 Robert Reynolds Brenda Thiel Kyle B. Cook Don Marr Robert K. Rhoads — Robert Ferrell - Shirley Lucas - Lioneld Jordan 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 Aubrey Shepherd and Jennifer Creel, representing the Town Branch Neighborhood Association, presented the city with a check in the amount of $75,000.00. Mayor Coody thanked the Town Branch Neighborhood Association for their donation. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes May 17, 2005 Page2 of21 Melissa Terry, with Audubon Arkansas, gave a brief presentation. She congratulated the Town Branch Neighborhood Association for their conservation of this natural area Alderman Thiel commended this group for their hard work with this 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 (1) 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) accessfayettevi I I e.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: 1 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. I 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 Coody: I 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 done 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 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) acccssfayettevi Ile. org City Council Meeting Minutes May 17, 2005 Page 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.1 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, Sequovah 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: I 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. I 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. 1 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) acccssfayettevi1lc.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 1 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, 1 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) accessfayettevi I le.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: 1 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 98% 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) accessfayettevi I I e.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: I am interested in seeing that everything's fair and equitable out there. The thing I want to stress is that 1 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$-$2 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 City Council Meeting Minutes May 17, 2005 Page 9 of 21 seems to me kind of an unfair assessment or penalty charged to fisherman and 1 don't know why. I'm sure it's been that way for years. Let's try to keep it at a minimum. Alderman Thiel: I think the point he made is very good, and everyone really does need to look at this rate. The Parks Board recommendation went from $1 to $5 per daily boating for seniors. I think he made some valid points. This Ordinance was Left on the First Reading. Washington County Cost Share for Woolsey Farm Road & 54th Street: A resolution authorizing the payment of $95,686.00 to Washington County as the City of Fayetteville's share of the cost of Improvements to Woolsey Farm Road and 54th Street along the southwest perimeter of the Westside Sewer Treatment Plant; and approving a 20% project contingency in the amount of $19,137.00. Gary Dumas, Director of Operations: We have some updated numbers on that that we just received today. You have a memo 1 think in front of you. The total project cost is about $186, 940. The c ty's share of that is $93,470.27 with a 10% project contingency. That would bring the total project up to $102,817.29 verses the numbers the mayor just read. Kit Williams: There will need to be a motion to amend the resolution to the one I just handed out. There is also a new section 3 there. Alderman Rhoads moved to amend the resolution. Alderman Reynolds seconded the motion. Mayor Coody asked shall the motion pass. Upon roll call the motion passed unanimously. Alderman Jordan moved to approve the resolution as amended. Alderman Reynolds seconded the motion. Upon roll call the resolution passed unanimously. Resolution 100-05 as Recorded in the Office of the City Clerk. 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. Mr. Williams read the ordinance. Jeremy Pate, Director of Current Planning: The Planning Commission voted 8 to 0 to recommend approval of this rezoning request to the City Council from RSF-4 to C-2 Thoroughfare Commercial. Properties located across from McBride Distnbuting Facility and the Tyson Plant area, on South School, which is zoned 1-1. There are also adjacent properties zoned C-2 to the north. As you're well aware there are several bail bondsmen in this area, primarily because of the Washington County jail facility that is in this area. A question was asked at agenda session about remedial measures and how we're not typically supportive of a business that goes in illegally and then is the track that they come. However, this is the remedial process that the city does have. There was no permit required for someone to go into this house and put 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes May 17, 2005 • Page 10 of 21 up a business, except for their sign and that's originally how we caught that, as a violation notice was issued and this is a remedial measure. If the rezoning is denied, that business person will have to move from that place of business and we would follow suit with the prosecutor's office to do that. However, we feel that the future land use plan in this area does promote this type of development and we're supportive of this rezoning application to C-2. Alderman Thiel: All the neighbors have been notified, and there were no objections? Jeremy Pate: No. Alderman Thiel: And residential zoning will remain on 2 sides? The back and the south side? Jeremy Pate: On the south side, there is a rezoning request that the Planning Commission will be looking at either this coming meeting or the following for the bail bondsman office that is going in there as well. There is a request for a C-2 zoning on that property as well. Alderman Thiel: So that would make that whole strip from Country Club Road down to Peach? Jeremy Pate: There may be one lot. I'm not exactly sure because I haven't reviewed that in total, but I know that the address next to this has a request for a rezoning application on that one as well. Alderman Thiel: None of the residences, west of there on Hayden, have objected? Jeremy Pate: We have not heard anything from any adjacent property owners. Alderman Thiel: Have they all been notified or do they have to be touching the property, those on Hayden? Jeremy Pate: We typically notify property owners even from across the street, even though this is not required by the city. For instance, McBride Distributing should have received notification. I can verify this for you if you'd like, and we can double check to make sure these residents have been notified if you choose to leave this on this reading tonight. Alderman Marr: Jeremy, in our packet on the close-up view of the subject property, the property you're speaking of coming to Planning Commission, is that the property north, between the current C-2 and this requested property? Jeremy Pate: That property is already zoned C-2. The label is shown higher up. Alderman Marr: What about this house on the property just south of it that is crossing the line? Jeremy Pate: That's a product of an old aerial photograph. Most of the state is taken off aerial photographs and these maps are then generated from that. There's probably a situation where that's just a wrong location. Alderman Marr: Are all the properties across the street from Hayden Avenue still RSF-4? 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes May 17, 2005 Page 11 of 21 Jeremy Pate: That is correct. Across from Hayden Avenue and to the east, you can see on page 14 of 16, those properties to the east are zoned RSF-4. There's an old subdivision that has never been developed except for those two streets, Hayden and Denver are the only two. Alderman Marr: Are bail bondsmen offices not allowed in residential office? Jeremy Pate: I do not believe so. I think we checked that use unit to see if that was a potential for this area. I know we've checked that on 6th street before, because that particular strip area is designated mixed use, as opposed to the community commercial that this is designated and I believe that we have designated a use unit to that that is not allowed in the PRO district. Alderman Marr: It concerns me that with that street directly across Hall being single-family residential and the one south of it. Typically, we see zoning transitions from industrial, commercial, residential office. I'd be more comfortable with it if it was an R -O zoning, but if it's not allowed, then it's not allowed. Jeremy Pate: We've assigned use unit 16 to bail bondsmen, under shopping goods and I do not believe that is allowed in the R -O zoning district. I can find out. Alderman Marr: Could they have done a conditional use on the property? Jeremy Pate: No. Use unit 16 is not allowed by right or conditional use in an R -O Zoning district. Mayor Coody: Could they have done a conditional use? Jeremy Pate: No, sir. Alderman Marr: Thank you. Russell Staggs, citizen: To the west of us is where the Tyson plant and jail facility are and to the east, there are houses behind the road. We own the two lots there, and right next to our property line is another bail bond business. There's not much room from the back of the house to the street. Alderman Thiel: My concern was if everyone was notified or not. Jeremy Pate: I can verify that for you if it's the Council wish to leave it on this reading for the next meeting. We have certified mail receipts for every mailing that has been sent out. Alderman Reynolds: I wouldn't mind going through two readings, but I'd like to see those copies for the third reading. Alderman Lucas: I don't like businesses to move in and then we have to rezone to fit whatever has already moved in. Alderman Jordan: 1 would tend to agree with Shirley. We've seen that in our ward a time or two and it never does work out very well. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes May 17, 2005 Page 12 of 21 Alderman Thiel: As Jeremy pointed out at the Council tour, this gentleman really did assume that that was commercial. Alderman Reynolds 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. Alderman Farrell: Have you lived there quite a while or did you recently get the property and decide to go into business? Mr. Staggs stated that bail bondsmen often move their businesses to be closer to the jails. He said that the property owner thought that the property had already been rezoned and that the property was commercial already, but was not aware of any paperwork that the owner possessed as evidence of the land being commercialized. This Ordinance was Left on the Second Reading. RZN 05-1450 (Stonebridge Meadows Phase V): An ordinance rezoning that property described in Rezoning petition RZN 05-1450 for property located at Goff Farm Rd, east of Crescent Lake Subdivision and west of Stonebridge Meadows Golf Course. The property is zoned R -A, Residential -Agricultural and contains approximately 26.61 acres. The request is to rezone the subject property to RSF-4, Residential Single Family, 4 Units per Acre. Mr. Williams read the ordinance. Jeremy Pate: This property is located on Golf Farm Road, and this is intended to be another phase of the Stonebridge Golf subdivision that is rapidly developing around the golf course. To the west is a tributary lake; to the west of that is Crescent Lake subdivision, which is listed there in your ordinance. I believe one of the holes for the golf course is located to the east of this property. One of the holes for the golf course is between this property and Stonebridge Meadows Phase 1. The Planning Commission did vote 8-0 to forward this item with recommendation for approval. We did not receive any public comment at the Planning Commission meeting. I would like to mention that it is currently a vacant pasture, and this property is within the bridge assessment area for Dead Horse Mountain Road. Therefore, at the time of development, there will be a calculation made for assessment for that bridge. Alderman Cook: Is the bridge assessment done as one lump fee up front or is that assessed as the lots are sold? Jeremy Pate: It's part of final plat, so it's a lump fee and is based on the vehicle trips that are generated by that development. Alderman Reynolds 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. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi11e.org City Council Meeting Minutes May 17, 2005 Page 13 of 21 Alderman Thiel: I haven't had any calls about this particular rezoning. I think people are concerned about the growth in this area, but I haven't had any calls about this one. Alderman Reynolds: No phone calls. 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: I wanted to make a comment that Alderman Reynolds made at the Street Committee meeting about widening Hwy 16 out there. He makes a good point that we should widen it further out because of reasons just like this. We're putting more houses out in this area, so 1 just wanted to make that comment real quick. Alderman Thiel: I wasn't at the last street meeting, but I had mentioned that at the prior one. At the next street meeting, we're both going to suggest that we extend the highway and try to get a cost estimate and add that into our street package. Alderman Reynolds: The neighbors out there also suggested that we go to the bridge. We would just go to the bridge and later work on the rest of it. Alderman Lucas: Is there any way the state will help us with that? That's a state highway. Mayor Coody: I'll ask. Alderman Thiel: We're possibly going to break down the bond issue, and if we do that, we'll look at some things that are more long range. Alderman Lucas: I think it's very necessary, but I also think that since it's a state highway, it couldn't hurt to ask Mayor Coody: Once we get a finalized picture of what it is we want to do and pull out the state highways, which are the bulk of what we want to do, and then we'll talk to the Highway Department about what they can do to help us out. Alderman Cook: It speaks a good case for impact fees also. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 4701 as Recorded in the Office of the City Clerk VAC 05-1435 (Aspen Ridge): An ordinance approving VAC 05-1435 submitted by Matt Crafton for property located near 6th Street and Hill Avenue, vacating right-of-way for Duncan Avenue and Anderson Place on the subject property. Mr. Williams read the ordinance. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes May 17, 2005 Page 14 of21 Jeremy Pate: Members of the Council, you might remember the Aspen Ridge plan zoning district that was approved back in January of this year for infill development of 220 condominiums at 6th and Hill Avenue. Part of the conditions of the approval of that project was vacation of right-of-way for a portion of Duncan Street and a portion of Anderson Place that was on the subject property and had never been constructed to their street standards. They did provide access to the homes that were there, which have since been removed. The project on page 11 of 30 indicates the new alignment of the streets as part of the planned zoning district project and does allow for the connectivity that the city does desire to keep in that area. Therefore, we are recommending that these existing rights of way be vacated and that the new rights of way be dedicated as part of the conditions of approval for this project. The Planning Commission did vote 8-0, after discussion, to forward this item to the City Council on April 25th, and there were no objections submitted. Matt Crafton, with Crafton, Tull and Associates, representing Hank Broyles and Hale Forsyth: Good evening Mayor and City Council. Jeremy has done a very good job of what we're asking for. There is some existing right-of-way there that does need to be vacated as part of this project and we're actually giving the city much more right of way than they have right now. We'd be happy to answer any questions you might have and hope for your support. 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. Mr. Williams read the ordinance. Alderman Jordan 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 Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 4702 as Recorded in the Office of the City Clerk. VAC 05-1440 (Waitsman): An ordinance approving VAC 05-1440 submitted by Jeff Martin for property located at 3565 Natchez Trace, Savanna Estates, vacating a portion of a drainage easement as indicated on the attached map and legal description. Mr. Williams read the ordinance. Jeremy Pate: This vacation request is a much smaller vacation request, and it's of an easement as opposed to right-of-way. Actually, it's not a full utility easement; it's just a drainage easement. The city does have a 30 inch drainage pipe located within this easement. The Transportation/Engineering Division did field inspect this request and determined that vacating this easement will not adversely affect the city's ability to service and maintain this city infrastructure. No objections were submitted to this request and the Planning Commission did vote 8-0 for approval. Alderman Rhoads: Mr. Mayor, neither the builder nor the petitioner could make it, but I did talk to the petitioner today and I hope that we support moving this through on 3 readings. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi1le.org City Council Meeting Minutes May 17, 2005 Page 15 of 21 Alderman Marr moved to suspend the rules and go to the second reading. Alderman Jordan 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 Reynolds 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. Ordinance 4703 as Recorded in the Office of the City Clerk. VAC 05-1453 (St. James Missionary Baptist): An ordinance approving VAC 05-1453 submitted by Steve Clark for two alleys and an unobstructed street located at the southeast comer of Rock Street and Willow Street as described on the attached map and legal description. Mr. Williams read the ordinance. Jeremy Pate: The St. James Missionary Baptist Church has recently submitted a conditional use request and large scale development plans for construction on this property, which contains about 5 acres. Staff has been meeting with the applicant and their representatives in the past months to bring forward a project that would meet the need of the church and benefit the community, while meeting city ordinances. The site plans currently submitted, however, do not allow for the construction of this structure with the existence for the platted rights-of-way, which is the subject of this request to vacate those rights of way. The property was originally platted as part of Hills Addition in 1905, with many small residential lots, but has not been developed or used as such. Along with the lots, there is a system of platted allies and a 40 foot wide street, known as Southern Avenue that has not developed within that 100 year period. The applicant is proposing to vacate those streets and allies that are on the subject property and shown on your maps that are attached. The findings that we utilize for this are again shown in your warehouse clauses under the ordinance. The city staff determined that there was not a useful corporate purpose for these streets and allies. Also, there was a time period exceeding the 5 years. In fact, it has been 100 years in this period that those streets and allies have not been utilized for public purposes. Therefore, the city staff recommended to the Planning Commission and to the City Council, approval for vacating these existing rights-of-way. The Planning Commission voted 5- 3 to forward this item with the recommendation for approval. There was one public comment to the east of the property. It is not subject to one of the vacation requests. However, there is an alley there along the east of the property that's not being requested to be vacated, and that property owner simply stated that he would like have that retained as an alley. Alderman Thiel: Basically, you are going by this preliminary plat that we have at this time. The street obviously goes right through the proposed building site, but why does staff see the need to vacate the alley? Jeremy Pate: The request came from the applicant to vacate all of these allies, because obviously those would be public rights of way maintained and owned by the public, in the 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi Ile. org City Council Meeting Minutes May 17, 2005 Page 16 of 21 middle of a private development. We did not feel that with any type of development, whether it's a church or not that that type of development would necessarily benefit from the use of that alley system in this case. Alderman Thiel: Has any of the alley been vacated down to Walker Road, or is it still currently in existence? Jeremy Pate: I believe it is in existence. The alley from Rock Street to Walker is all still in existence, but it has not been utilized to the best of my knowledge. Steve Clark, representing St. James Missionary Baptist Church: Jeremy has pretty much covered all of the issues. If you have any questions, we'd be happy to answer those. Mr. Williams: I'd like to note that somehow I missed section 3 when it went through. That doesn't need to be in there, because there's no emergency clause. So if you would move to remove section 3 and make section 4 the new section 3, I would appreciate that. Alderman Jordan moved to amend the ordinance to remove Section 3. Alderman Cook seconded the motion. Upon roll call the motion passed unanimously. Alderman Marr: I'm going to support this on the requirements on vacation, but when I'm looking at page 15 of 18, having gone on tour of this site, I think the slope is 15-33%. Jeremy Pate: Somewhere in that range. Alderman Marr: It concerns me, in this layout that a 26,000 sq. foot building is on a hillside with a slope of 15-33% on a one flat building with parking and the cut that would need to be made in the site to build this. So, I'm hoping that in large scale development, that the Planning Commission and Planning staff will really look at tree preservation and hillside cuts, drainage, and grading issues as it relates to this land. But, 1 don't think that relates to the vacation tonight, but I do want on record that I don't think we should allow the kind of things to happen that we're trying to prevent in our Hillside Ordinance Study. Alderman Farrell 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 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. Mr. Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 4704 as Recorded in the Office of the City Clerk. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfaycttevi1le.org City Council Meeting Minutes May 17, 2005 Page 17 of 21 VAC 05-1454 (Hargus): An ordinance approving VAC 05-1454 submitted by Marla and Robert Hargus for an alley located East of Hill Avenue within Dowell's addition as described on the attached map and legal description. Mr. Williams read the ordinance. Jeremy Pate: This property is located as mentioned in the Dowell's addition on Hill Avenue, directly south of the Aspen Ridge project we just recently saw. The property owner owns property on both sides of this alley and therefore vacating this alley would allow utilization of that property for some potential single family or multifamily developments in the future. The 20 foot alley was dedicated at the time the property was subdivided and the southern portion of the alley has actually already been vacated by the National Cemetery and Improvement Corporation back in 1999. Therefore, it does not lead anywhere; it is simply bisecting this property. The applicant is requesting to vacate that 20 foot wide alley, and the Planning Commission voted 7-0 to recommend this for approval to the City Council. Alderman Lucas: I just wanted it for the record that you did say that we are only changing it from an alley and we still have the easement? Jeremy Pate: That is correct. In section 4 of the ordinance, it states the Planning Commission recommendation and staff reports for this vacation approval are part of the exhibit and will be filed as such. And, one of the conditions of approval is that that be maintained as a utility easement. Alderman Lucas: Thank you. Alderman Jordan 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 Jordan 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 Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 4705 as Recorded in the Office of the City Clerk. VAC 05-1456 (Reindi): An ordinance approving VAC 05-1456 submitted by Mandy Bunch for property located at 580 West Meadow vacating two sewer easements as indicated on the attached map and legal description. Mr. Williams read the ordinance. Jeremy Pate: The final vacation request tonight and is an easement vacation on a piece of property approximately 2.4 acres in the downtown area. It is west of the Nadine Baum Center, 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi I le. org City Council Meeting Minutes May 17, 2005 Page 18 of 21 back behind the Rendell buildings that are currently being renovated. The applicant has secured approval from the Planning Commission to construct a 30 unit multifamily condominium style development on those 2.4 acres. There were warehouses on this property that were utilized many years ago and sewer lines underneath where those warehouses once stood. Those have since been raised and removed. Part of the conditions of approval for this project was that these easements be vacated and that the sewer lines be rerouted. Therefore, this is the subject request to do that very thing. The Planning Commission did vote 8-0 to forward this item to the City Council and staff is recommending an approval of an ordinance vacating these utility easements. Alderman Marr to suspend the rules and go to the second reading. Alderman Jordan seconded the motion. Upon roll call the motion passed unanimously. Mr. Williams read the ordinance. Alderman Marr moved to suspend the rules and go to the third and final reading. Alderman Jordan 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. Ordinance 4706 as Recorded in the Office of the City Clerk. ADM 05-1514 (Sloan Estates) Master Street Plan Amendment: A resolution approving ADM 05-1514 amending the Master Street Plan, realigning the proposed Sagely Lane, designated a minor arterial, in the manner approved by the Planning Commission for Sloan Estates Preliminary Plat (PPL) 04-1338. Jeremy Pate: This is an item that was added at the City Council agenda session, and we've included in your packet. This property is located on Gully Road and is contains about 32 acres. A preliminary plat was approved by the Planning Commission to create a 62 lot subdivision with 57 single family lots. It is located in the planning area east of the city limits. In 1997, the owner of the property requested and was approved for a lot split on this particular property per our Master Street Plan right-of-way dedication requirements. Right-of-way dedication was required by the Planning Commission. The applicant appealed the decision to the Council in 1997, and the City Council passed a resolution to modify the conditions of approval in lieu of dedication of a 90 foot right-of-way. The applicant filed a warranty deed to restrict development on the 90 foot strip across the land, as depicted on the Master Street Plan. Essentially, it was a deed restriction as apposed to right-of-way dedication. It is now 2005, and the property is under development, and the actual alignment of that Master Street Plan has changed somewhat and moved to the south. Of course, that resolution is still in effect and there is still a deed restricted area on which no lots could contain homes, so staff is bringing forward this resolution that is in your packet. In two fold, both to amend the Master Street Plan to indicate that the minor arterial in this location will shift south and to release the deed restriction on that particular piece of property. Alderman Thiel: So basically all this is doing is just moving the street? 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi I I e.org Jeremy Pate: That's correct. It's two -fold. There is removing that and it is simply acknowledging that the It's just in a different location a little bit further south. the difference is. Alderman Thiel. And the deed restriction goes away then? Jeremy Pate: That is correct. Alderman Thiel: Ok. City Council Meeting Minutes May 17, 2005 Page 19 of 21 a deed restriction by resolution, so it is same connectivity is being maintained. You can see on the exhibits there what Nancy Wolf, a resident: The residences of this area have been following this development very carefully, trying to follow the approval process. And, as far as I was aware, it has not been finally approved yet. It was still in the County Planning Office. There is dirt work and everything already being done out there, and I was just concerned. Can developers start on the roads and start on the retention ponds before the final plats are approved? Mayor Cody: Generally Not. Alderman Jordan: That's a really good point. Jeremy Pate: They can begin construction before final plat if they have received construction plan approvals from our City Engineering Divisions. I'm not sure where they are in the County process. The County also has to approve a preliminary plat, because this is within the planning area Mr. Art Scott is the engineering representative for the applicant. Art Scott, engineering representative for the Sloan Estates applicant (petitioner): This was approved at the County Planning Commission for preliminary plat and the County Road Department has approved it for construction. Bonds were submitted and they approved the start of construction after the pre -construction meeting was held. So, they started construction. In the mean time, we got this item submitted to you to clarify the final alignment of that Master Street. Mayor Coody: Thank you, Mr. Scott. Alderman Thiel: I don't have any problems with realigning this street and that's all we're doing here. I do have a concern for the lady that spoke earlier. Obviously, the neighbors out there want a chance to express their feelings about this. Is there another meeting on the County level where they'll get to do that? Jeremy Pate: We did have quite a bit of public comment. This project was redesigned several months later and resubmitted in a couple of different manners before the Planning Commission did approve this project. So, we had a lot of public comment at all of those meetings. Additionally, I believe the County does take public comment at their Planning Commission meetings as well. Essentially, what has been approved is the preliminary plat construction plans. The only other item that would come before the Planning Commission for public hearing would be the final plat, which is essentially showing the final plat document and having inspection of all the streets and everything that has been constructed. That's the only other item that we would have. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) access fayettevi I le.org City Council Meeting Minutes May 17, 2005 Page 20 of 21 Alderman Marr moved to approve the resolution. Alderman Thiel seconded the motion. Upon roll call the resolution passed unanimously. Resolution 102-05 as Recorded in the Office of the City Clerk. PUBLIC HEARING: A Limo For You Certificate: A resolution granting a Certificate of Public Convenience and Necessity to A Limo For You for the operation of up to three (3) limousines within the City of Fayetteville, Arkansas. Captain Brown: I've received all the necessary paperwork. I did mention at the agenda session that since I submitted the application and financial statement, that I had received proof of insurance. After reading that document, I believe it's a finance agreement for insurance. It says auto insurance; I don't have any vehicle specified on this document, so I will be getting that from them, that they have proof of insurance on each of their automobiles. On the next one, Luxury Limo, I have provided you with copies of the insurance cards from each of those vehicles. This document that was faxed to me, after 1 submitted all of the paperwork, is a finance agreement for all of the insurance. It does say auto insurance and it is in the applicant's name, but I just don't have the specific vehicles that the insurance covers. Mayor Coody: Are you comfortable, if we were to approve this tonight, that you'd be able to get all that paperwork? Captain Brown: I'll get with them and get them to provide it. The state law would require that they have that proof of insurance in the vehicle anyway. So, I can get that proof from them. They're asking for 3 vehicles. Currently we have 17 limousines approved. Alderman Reynolds: I'm just glad we've got some really good companies stepping forward and giving us some good service. It has been a long time coming. Mr. Brown, thank you for following through with a good program. Officer Brown:. We're working on it. Some of the research we have to do on backgrounds and so forth takes a little bit of time, but it's worth it to get quality people driving these vehicles. Alderman Reynolds: I'm glad you're doing it. Mayor Coody: Yes, good job. Alderman Reynolds moved to approve the resolution. Alderman Farrell seconded the motion. Upon roll call the resolution passed unanimously. Resolution 102-05 as Recorded in the Office of the City Clerk. Luxury Limousine Certificate: A resolution granting a Certificate of Public Convenience and Necessity to Luxury Limousine for the operation of two (2) limousines within the City of Fayetteville, Arkansas. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi l le. org City Council Meeting Minutes May 17, 2005 Page 21 of 21 Alderman Cook: It seems like we've approved a lot of limos. Did Mr. Curry bring taxis before us? How many taxis have we approved? Captain Brown: I didn't bring the number for taxis. We had 17 limos, and now we have 20 limos with the three you just approved. With this one added, it would be 22 limos total. Alderman Farrell moved to approve the resolution. Alderman Reynolds seconded the motion. Upon roll call the resolution passed unanimously. Resolution 103-05 as Recorded in the Office of the City Clerk. Meeting Adjourned at 8:00 PM Dan Coody, Mayor Ce/td,i(-2 Sondra Smith, City Clerk/Treasurer 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) access fayet t evi I I e. org