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HomeMy WebLinkAbout2006-01-03 Minutes• • • Mayor Dan Coody City Attorney Kit Williams City Clerk Sondra Smith City of Fayetteville Arkansas City Council Meeting Minutes January 3, 2006 City Council Meeting Minutes January 3, 2006 Page 1 of 22 Aldermen Ward 1 Position 1 - Robert Reynolds Ward 1 Position 2-13renda Thiel Ward 2 Position 1 - Kyle B. Cook Ward 2 Position 2 - Don Marr Ward 3 Position 1 - Robert K. Rhoads Ward 3 Position 2 — Robert Ferrell Ward 4 Position 1 - Shirley Lucas Ward 4 Position 2 - Lioncld Jordan A meeting of the Fayetteville City Council was held on January 3, 2006 at 6:00 PM 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 Coody, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Pledge of Allegiance A Letter of Commendation to the City of Fayetteville and its citizens for their commitment to protect and preserve the water resources of NW Arkansas and NE Oklahoma was given by Mr. Ed Fite of the Oklahoma Scenic Rivers Commission. Mayor Coody: Tonight we have Ed Fite with us from the Oklahoma Scenic Rivers Commission. We are very pleased to have you here. Ed Fite: I've also brought with me this evening our Board Chairman Rick Stubblefield who was elected to the board and is the chairman. Mayor Coody I don't know were to begin. I said for a long long time that I probably was the most despised individual in Fayetteville in the 1980's through the conflict the community had with the State of Oklahoma over the wastewater issue and the Illinois River. Tonight I'm here with the chairman to commend the City of Fayetteville, yourself, the Alderman, your staff, and particularly the citizens for the job you've been doing in recent years. It's hard to stand before this group and not be embarrassed about years in the past, but as we have worked together since 1996. The City of Fayetteville has been nothing but a full partner, fully open, available to discuss our concerns and alternatives that have been suggested, and we cannot say thank you enough. I'd like to yield the floor to the chairman if I may he has a letter he'd like to read into the record and then present it to you. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes January 3, 2006 Page 2 of 22 Mayor Coody: Thank you very much Mr. Stubblefield it's good to have you here tonight. Welcome to Fayetteville and welcome to the City Council meeting. Rick Stubblefield: Thank you Mr. Mayor. Mr. Mayor and esteem members of the Council I'd like to read to you the letter the 12 members of the Oklahoma Scenic Rivers Commission approved to be sent to you. Mayor Coody on behalf of the entire Oklahoma Scenic Rivers Commission we want to thank you and the City of Fayetteville for your commitment to improving water quality in the Oklahoma scenic rivers. The Oklahoma Scenic Rivers Commission sincerely appreciates your support for our goal of restoring Oklahoma's treasured scenic rivers. Please know that we sincerely appreciate the financial investment that Fayetteville will under take in its effort to employ advanced phosphorus control at its new wastewater treatment facility just as it has over the past decade in controlling phosphorus from its existing facility. Particularly in a time of conflict between our states it is encouraging to have good neighbors like the City of Fayetteville as we endeavor to achieve our mutual goal of protecting and restoring the irreplaceable water resources of Northeast Oklahoma and Northwest Arkansas. Again OSRC commends the City of Fayetteville for its commitment and financial resources and we look forward to your continued involvement as significant stake holders in our effort to restore Scenic Rivers. Through mutual cooperation we anticipate continued progress and improving water quality in our scenic rivers over the coming years. Thank you Mr. Mayor. Mayor Coody: Thank you Rick. I'd like to say to you and Ed thank you for your help too. Arkansas and Oklahoma had been at odds for decades. I think we have even been to the US Supreme Court and not as friendly partners so times really have changed. It was just as much a credit to you and your organization to work with Fayetteville because honestly we were in a precarious position we needed your help and you were there to help us. We appreciate Oklahoma very much. We want to build on this good partnership because we want to maintain a good friendship. We've gotten to know a bunch of good people in Oklahoma that we consider to be friends and we couldn't be more pleased with your efforts in keeping the nations rivers pristine right along with us as best we can. Thank you both and please give your commission our deep gratitude and appreciation. I would like to send a letter back to them in response to this. Thank you both very much for coming all the way over here from Oklahoma to deliver this to us tonight. CONSENT: Approval of the November 15 and December 6, 2005 City Council meeting minutes. The November 15, 2005 minutes were removed from the agenda. The December 6, 2005 minutes were approved. Arkansas Aviation Technology Center: A resolution granting the City of Fayetteville's consent to the assignment of a Hanger Lease from the Northwest Arkansas Aviation Technologies Center to North West Arkansas Community College. Resolution No. 01-06 as Recorded in the Office of the City Clerk. Community Access Television, Inc: A resolution approving a contract in the amount of $93,000.00 with Community Access Television, Inc., to operate the Public Access Television Channel throughout 2006. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi I I e. org • • • • • • City Council Meeting Minutes January 3, 2006 Page 3 of 22 Resolution No.02-06 as Recorded in the Office of the City Clerk. Downing Sales and Service Bid Award #05-82: A resolution awarding bid #05-82 to Downing Sales and Service for the purchase of two (2) Side Load Solid Waste Collection Trucks in the amount of $397.908.00. Resolution No. 03-06 as Recorded in the Office of the City Clerk. Equipment Resource Management — Asphalt Roller Equipment: A resolution approving the purchase of one (1) Large Double Drum Vibratory Asphalt Roller from Equipment Resource Management in the amount of $128,490.00 for the use by the Transportation Division; and approving a budget adjustment. Resolution No. 04-06 as Recorded in the Office of the City Clerk. Barloworld Freightliner of Springdale Tri -Axle Dump Truck Purchase: A resolution awarding Bid #05 80 to Barloworld Freightliner of Springdale for the purchase of one (1) Tri -Axle Dump Truck in the amount of $95,941.00 for the use by the Transportation Division. Resolution No. 05-06 as Recorded in the Office of the City Clerk. Barloworld Freightliner of Springdale Tandem Axle Dump Truck Purchase: A resolution awarding Bid # 05 73 to Barloworld Freightliner of Springdale for the purchase of One (1) Tandem Axle Dump Truck in the amount of $90,233.00 for use by the Water and Sewer Division. Resolution No. 06-06 as Recorded in the Office of the City Clerk. Downing Sales and Service Bid # 05-81: A resolution awarding Bid # 05-81 to Downing Sales and Service for the purchase of two (2) Front Load Solid Waste Collection Trucks in the amount of $368,888.00. Resolution No.07-06 as Recorded in the Office of the City Clerk. Interlocal Agreement with Washington County for Jail Services: A resolution adopting an amendment to the Interlocal Agreement between the City of Fayetteville, Arkansas and Washington County, Arkansas for jail services. Resolution No.08-06 as Recorded in the Office of the City Clerk. Alderman Jordan moved to approve the Consent Agenda with the November 15, 2005 City Council meeting minutes removed. Alderman Reynolds seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi l le. org City Council Meeting Minutes January 3, 2006 Page 4 of 22 UNFINISHED BUSINESS: ADM 05-1657 (Mt. Sequoyah South Rezoning): An ordinance rezoning that property described in Rezoning Petition RZN 05-1657 as shown in Exhibit "A" generally located north of Huntsville Road, east of Willow Avenue, south of Rock Street and west of Lyton Avenue from RMF -24 Residential Multi -Family 24 units per acre to RSF-8 Residential Single Family 8 units per acre. This ordinance was left on the First Reading at the December 6, 2005 City Council meeting. This ordinance was Tabled at the December 6, 2005 City Council meeting to the January 3, 2006 City Council meeting. 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. City Attorney Kit Williams read the ordinance. Tim Conklin Planning Development: Staff sent a letter out to each of the property owners on December 27, 2005. We have had several phone calls today with regard to the latest request I have placed in front of you, the current map showing the RSF-4 and RSF-8. With regard to that in the letter that we sent out we stated there would be an opportunity for public comment this evening and also that this would be left on a second reading until the January 17, 2006 meeting due to the holidays. Staff would be more comfortable if you leave it on a second reading this evening and that way if people are getting back from going out of town they'll have an opportunity to contact us I just wanted to inform you of where we are at. Thank you. Mayor Coody: Are there any questions for staff. Yes Madam. Alderman Thiel: We don't need to make an amendment yet on this we are waiting until we make sure everyone is okay with this? Tim Conklin: I would hold off. We've had several calls today and we made some changes just in the last couple of hours which is the latest map that you have. There could be additional changes with in the next 2 weeks. Alderman Thiel: Are any of the changes on this just between the RSF-4 and RSF-8? Tim Conklin: There was one property owner that requested to be left as RMF -24 adjacent to the larger piece on Rock Street, and so that was the change that was made this evening. Alderman Ferrell: At the next meeting Tim, will you give us a total of how many people have contacted you concerning this and their change. Tim Conklin: Certainly. Alderman Ferrell: Thank you. Tim Conklin: We did send out letters with certified mail and returned receipt. Mayor Coody: Yes madam. Alderman Thiel: You do realize this was a petition drive? 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org • • • • • • City Council Meeting Minutes January 3, 2006 Page 5 of 22 Alderman Ferrell: Yes. Alderman Thiel: Everyone that signed wanted to be on this. Alderman Ferrell: 1 read that there were some people that changed there minds. Alderman Thiel: They changed there minds because they wanted RSF-4, but we didn't consider taking in any that didn't sign. Tim Conklin: Certainly, 1 can get you a number of people that contacted us. Mayor Coody: Any other questions for the staff on this right now. Anyone from the public want to address us on this issue? Fran Free: My name is Fran Free and I live at 44 South Mashburn Avenue. This is my neighborhood, and this is our petition drive that we started eleven months ago. So I'm really thankful that you all are considering this tonight it's been quite a process. I just wanted to thank you all for this. Mayor Coody: Alright thank you very much. Anyone else want to address us on this? Alright we're going to leave this on the second reading. Is there any other comment? This ordinance was left on the second reading. Reserve LLC - Cost -Share Agreement: An ordinance waiving the requirements of formal competitive bidding and approving a cost -share agreement with Reserve, LLC in an amount not to exceed $798,963.44 for the widening of Rupple Road and Persimmon Street adjacent to the Mountain Ranch Development; and approving a budget adjustment in the amount of $577,453.00. This ordinance was left on the First Reading at the December 20, 2005 City Council meeting. Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman Rhoads seconded the motion. Upon roll call the motion failed 4-4. Alderman Marr, Rhoads, Ferrell and Cook voting yes. Alderman Lucas, Jordan, Reynolds and Thiel voting no. Alderman Jordan moved to table the ordinance to the January 17, 2006 City Council meeting. Alderman Lucas seconded the motion. Upon roll call the motion to table passed unanimously. This ordinance was tabled to the January 17, 2006 City Council meeting. Mayor Coody: Is there anyone here that would like to comment on this particular item? Sharon Davison: Good evening everyone I am Sharon Davison and I did want to calmly address you about this tonight, and 1'd like to start out with thanking you all for the job you do. It is difficult sometimes to work out win win for every one. Sometimes there are unhappy losers. I understand it's hard to make decisions. Sometimes you're torn between what you see, what people ask you to do, and what staff recommends for you to do. I would like for you to carefully 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) access fayetteville.org City Council Meeting Minutes January 3, 2006 Page 6 of 22 reconsider any staff recommendation of paying a penny for this particular road. This is a very huge issue it's a huge issue for us and what we will allow a person and or their representative to come up here and say they will do, and then later on it's a whole new deal. I do not agree with staff that we should sweep this under the rug. We knew part of your whole hesitation. The road was a big deal, I think it persuaded folks who were going to be more cautious and who were going to wait until this sewer was a little more close at hand, not to mention the traffic and all. I believe you all as well as other people heard this same offer repeated that is what concerns me. It was not a one time, it was not a slip up of the tongue, it was an offer made here and an offer made at a Ward 4 meeting, where good ole folks believed what they heard. Because they did have a respectable member of a legal community telling them as the representative paid for by the developer. I personally had nothing against Bob Estes he was always very very polite to me when he sat on our Planning Commission. I will close with it is not right to let a developer come in here and demand a road when he offered to pay for a road not a cost share. Please folks hold the developer and their lawyer representatives accountable, do not pay $800,000.00 for their road. Mayor Coody: Thank you very much. Is there anyone else that would like to address on this issue tonight? Fred Turpentine, Fayetteville Public Schools Physical Plant Director: We're building a K-7 school that's processing quit nicely. We hope to move in in August and that's only about 8 months away. We are very much hopeful that the City Council will approve this cost share so we can move along and see kids in there in the fall. Thank you. Mayor Coody: Anybody else like to address us on this? I'm going to close the public comment. Mr. Terminella is out of the country right now on vacation and we have discussions on a way that I hope we can bring the warring parties together to make this work. It's best for every body if we can put together a win win situation to where we don't have the expense. I think we are working to bring something to the Council that the Council will like. C-PZD 05-1704 First Baptist Church: An ordinance establishing a Commercial Planned Zoning District titled C-PZD 05-1704 First Baptist Church, located at 20 East Dickson Street, 325 and 321 North College Avenue, and 350 and 354 North Highland Avenue, containing approximately 4.08 acres; amending the official zoning map of the City of Fayetteville; and adopting the Associated Master Development Plan. This ordinance was left on the Second Reading at the December 20, 2005 City Council meeting. 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; City Attorney Kit Williams read the ordinance. Jeremy Pate: One of the questions at the last City Council meeting was how many parking spaces are existing on the property, that total is 184. Most of the parking lot there is non- conforming in that there's not the green space required with a standard parking lot so you don't have landscape islands and things of that nature that are shown on the site plans. So with the reduction of some of those spaces for landscaping as well as the addition of the offices and space that they are proposing that would result in 167 spaces that are noted in the site plans. So there would be a net decrease of approximately 15 to 17 spaces. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi11e.org • • • City Council Meeting Minutes January 3, 2006 Page 7 of 22 Mayor Coody: Are there any questions for staff on this? Alderman Marr: How many structures ate being removed for parking? Jeremy Pate: I don't believe there are any structures being removed. Thad Kelly with Cromwell: We're not really removing any structures. There is a small sales office that will be removed. We're adding on to the existing side of the Goff McNair building and adding on to the existing church. We are building back out into some of the parking area. Alderman Marr: Thank you 1 just wanted that for the record. Mayor Coody: Any other questions or comments for the petitioner? Randy Murphy with Cromwell: A house will also be removed to accommodate the new parking area that at the present time is not a parking area Jeremy Pate: It is to the far west of the site. Alderman Marr: Is that the one next to Nationwide? Randy Murphy: Yes. • Mayor Coody: Are there any other questions for the petitioners? Anyone from the public want to comment on this? • Alderman Marr: I think this is a great project, very attractive, keeps our churches downtown, and allows them to continue to expand. I haven't heard anything negative from any of members from Ward 2 about this project. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance No.48I2 as Recorded in the Office of the City Clerk. Randy Murphy: There is item 10 from the Planning Commission in their recommendation for approval that describes the condition, the proposed 110 foot right of way for College Avenue and the Master Street Plan. The church is very concerned that with that remaining on the plan it leaves the church open in the future for further discussion about this matter. Mayor Coody: I believe that the Master Street Plan is up for discussion very soon with the Street Committee and I don't think that the 110 foot right of way requirement will stand. I think it's going to be moderated to something you will be able to live with much more easily. Randy Murphy: The church is very concerned that this is a public issue and will be a part of the public record. Mayor Coody: This is an ongoing conversation and it's about to come to a close very soon and I think you'll be pleased with the out come. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) access fayettevil le. org City Council Meeting Minutes January 3, 2006 Page 8 of 22 Alderman Thiel: In my packet it reduces it from a 55 foot right-of-way to the requested 30 foot right- of -way. Jeremy Pate: A separate resolution is required to do that for a lesser dedication or a Master Street Plan Amendment. We typically take those to Planning Commission and the Street Committee and the City Council with a review of development project. Alderman Thiel: Okay Thank you. Mayor Coody: How far will the 60 foot right-of-way come from their existing front door on College Avenue? Jeremy Pate: I believe the 60 foot right-of-way is what is current at that location right now. Mayor Coody: So the existing sidewalk is in the right-of-way? Jeremy Pate: Part of it is. Mayor Coody: Okay. So that would be about the whole thing then. I'm sure the church will work with us if we needed to clear that up and make any kind of modifications just on the sidewalk there. • R-PZD 05-1734 Paradise Point: An ordinance establishing a Residential Planned Zoning • District titled R-PZD 05-1734, Paradise Point, located west of Crossover, south of Joyce Boulevard, containing approximately 1.55 acres; amending the official zoning map of the City of Fayetteville; and adopting the Associated Master Development Plan. This ordinance was left on the Second Reading at the December 20, 2005 City Council meeting. Alderman Rhoads moved to suspend the rules and go to the third and final reading. Alderman Lucas seconded the motion. Upon roll call the motion passed 7-0. Alderman Ferrell was absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Coody: Staff do you have any comments on this? Jeremy Pate: One of the issues discussed at the last meeting is to try to have these be more consistent, please let me know if they're not. There should be elevations in the packet. Alderman Thiel: Thank you Jeremy. Jeremy Pate: Yes ma'am. Mayor Coody: Any questions or comments for staff on this? Anyone from the public have any comments or questions on this item before us tonight? I'm going to close this to public comment. Alderman Cook: I'm still a little confused about the secondary access on the back side. There is just going to be one access on 265. How useful will this access be? 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi 11 e. org • • • City Council Meeting Minutes January 3, 2006 Page 9 of 22 Jeremy Pate: This will be a full accessible cross access, much like a restaurant or any other commercial development we require to have a cross access point so you do not have to get on a main street to get there, you can have cross access between those points. We did recommend that as a condition of approval of the project that an access be gained to the north so that access onto 265 would not be the sole means of access for this development. This will help with the property to the north it will allow them cross access as well. So it will be full open access. It will be much like an extension of a driveway. Mayor Coody: Any other questions or comments from the council? Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance No.4813 as Recorded in the Office of the City Clerk. 2006 Bond Purchase Agreement - Wastewater Treatment Facility: An ordinance authorizing the issuance and sale of not to exceed $20,000,000 of a Sales and Use Tax Capital Improvement Bond, Series 2006, by the City of Fayetteville, Arkansas for the purpose of financing a potion of the costs of acquiring, constructing and equipping pipelines in connection with a new Wastewater Treatment Facility and related sewerage improvements; providing for the payment of the principal of and interest on the Series 2006 Bond; authorizing the execution and delivery of a Bond Purchase Agreement providing for the sale of the Series 2006 Bond; authorizing the execution and delivery of a Continuing Disclosure Agreement ; and prescribing other matters relating thereto. This ordinance was Tabled at the December 20, 2005 City Council meeting to the January 3, 2006 City Council meeting. City Attorney Kit Williams read the ordinance. Gordon Wilbourn: Let me say just a few words in my defense on this. Unlike your other bonds there's no trust indenture on these deals so these are the terms that would normally be in an indenture. This is a form that's prescribed by the Arkansas Natural Resources Commission and everything you need to govern a bond is in the ordinance. That is the reason for its length and I do apologize for that. Mayor Coody: Thanks Gordon. Do we have any questions for Mr. Wilboum? Alderman Ferrell: I'm just trying to understand this. I think we have collected more sales tax in the past on redeeming some of these bonds but it says any excess sales tax goes to pay these off. Does the city report that to the bonding fund? How does that work? Gordon Wilbourn: All the collections are going to the bond trustee on your other bonds and the agreement with the other deal and now with the Arkansas Natural Resources Commission is you will use those first to pay your 2005 B bonds, which are the longer bonds. Then these bonds and then in theory the 2005 A, but they're the short end. That won't every happen they'll be gone by the time you get to them. But in concept that's what you would do. Alderman Ferrell: So the trustee just does it? Gordon Wilbourn: Right. The trustee does that and sends out the notices of redemption. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi1le.org City Council Meeting Minutes January 3, 2006 . Page 10 of 22 Alderman Ferrell: Thank you. Mayor Coody: Any other questions for Mr. Wilboum? Thank you very much thank you for coming tonight. Anyone in the audience have any questions or comments about this? I will close it to public comment. Any questions from the council? 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. City Attorney Kit Williams read the ordinance. Alderman Jordan 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. City Attorney Kit Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance No.4814 as Recorded in the Office of the City Clerk. John D. Lindsey, LLC. Condemnation: A resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by John D. Lindsey, LLC. This resolution was Tabled at the December 20, 2005 City Council meeting to the January 3, 2006 City Council meeting. Mayor Coody: I would like to ask the Council to table this. I have asked the engineers to look at this again because it looks to me as if there may be a way to accomplish the land owner's goal of routing the line away from the parking lot and accomplishing our goals at the same time Ray Green: I appreciate the additional consideration of it. We only want to find the best solution. Mayor Coody: Mr. Head said you all would be willing to grant us the right-of-way. Ray Green: We'll be very cooperative. Mayor Coody: Anything else? Alderman Marc Any idea how long it will take before you come back with something? Mayor Coody: Mr. White is here and David Jurgens. Do either of you have a comment on how long it might take before we can have some reasonable assessment of what the possibilities are? David Jurgens: I would expect an assessment of different alternatives and prices probably within 2 weeks. I'm not sure how long it will take to get an answer back regarding the Corp permit. If we could run the straight line it would require working in the flood way itself. I hope to have that answer by the end of the week. We should have a response within 2 weeks. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) access fayetteville.org • • • City Council Meeting Minutes January 3, 2006 Page 11 of 22 Mayor Coody: Because it's in the edge of the flood way it might not be very easy to get Corp approval, but if we can we might be able to make this work. David Jurgens: Yes sir. Alderman Thiel: At our tour that was one of our concerns that this could take up to 4 months to get Corp approval. David Jurgens: Yes ma'am and I haven't been able to get with the Corp and have not had the opportunity to have our environmental consultant come up and look at it and see exactly what modifications it's going to take to the Corp permit. Before we know what modifications are required, because well be working in the flood way, I can't give the estimate on how long it will take but I think he'll be able to make it up within the next couple of weeks. Alderman Thiel: So in two weeks we'll have an estimate of how long this is going to prolong. David Jurgens: We will know what kind of delay going back to the Corp might require. Alderman Thiel: Okay. Kit Williams: Would we know at that point and time that it would be approved? David Jurgens: We would not have approval within two weeks. What we would have is an estimate of how long it would take to obtain that approval from the Corp. Kit Williams: Would we have some indication that would be approved eventually? David Jurgens: I wouldn't want to commit to that. Mayor Coody: Once we get some engineering estimates and some drawings done where we have something to actually show the Corp, then we'll see what we're talking about because this may be a way that we can solve everyone's problem. Anything else? Alderman Marr: I'm all for working with people but it concerns me on a project that's had time issues to not pursue things that have the possibility of delaying it. I just want to make it clear that I'm not excited about a long delay. Alderman Thiel: I agree with what Don said. Mayor Coody: We all have the same concerns. I think that this conversation has been going on a long time before the petitioner raised questions about it. Had the questions been raised earlier from what I understand we could have had this conversation quite a while back. Alderman Lucas: All the others we said negotiations could be continued after we voted on it. Can that be the case with this one? I'm not an engineer, I'm going to go along with whatever is suggested as the appropiate way. I don't see why we should delay. Mayor Coody: We could if you want to go ahead and approve this condemnation we'd be condemning something that we might not need. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes January 3, 2006 Page 12 of22 Kit Williams: I'd prefer to give it a couple weeks and have a follow up report from David Jurgens before we pass the resolution. That doesn't end all negotiations but I think as a gesture of good faith it would be good to postpone this a couple weeks. David Jurgens: This sewer line between North Street and Gregg Avenue lift station is the one on the west side that has the shortest construction time. This is the one that has the longest lead time, all of the others sewer lines have already advertised for bid. So in the time line that I'll bring forward in two weeks, with the Corp estimate for how long it takes to get modifications to the permit, I will identify if it is expected to create any delays in the overall project. So that will be part of the package to let you know if we think it will cause any delay to the entire project. Alderman Reynolds: Could you make sure we get a letter in the mailbox from the Corp telling us when they can do it? David Jurgens: I can't promise that. We've had a very difficult time getting letters from the Corp and we have not had the ability to force them to produce letters. So I couldn't commit to that because it s beyond my ability to directly promise. Mayor Coody: The first step is to find out what the possibilities are. David Jurgens: The first step is to identify the plan, have our environmental consultant put together the Corp permit request, have him look at, walk it and then find out what we would need as a modification to the permit and get his feel for it. Mayor Coody: Alright anything else? Alderman Ferrell moved to table the ordinance to the January 17, 2006 City Council meeting. Alderman Reynolds seconded the motion. Upon roll call the motion to table passed 7-1. Alderman Marr, Rhoads, Ferrell, Lucas, Jordan, Reynolds and Thiel voting yes. Alderman Cook voting no. This ordinance was tabled to the January 17, 2006 City Council meeting. NEW BUSINESS: R-PZD 05-1776 Wedington Circle: An ordinance establishing a Residential Planned Zoning District titled R-PZD 05-1776 Wedington Circle, located north of Wedington Drive (Hwy 112 Spur) and west of Garland Avenue, containing approximately 6 13 acres, amending the official zoning map of the City of Fayetteville; and adopting the associated Master Development Plan. City Attorney Kit Williams read the ordinance. Jeremy Pate: Jeremy gave a brief description of the project. Staff is recommending approval of this ordinance, there were several findings. The Planning Commission voted 8-0 in favor of staff's findings. Alderman Thiel: Seven percent of this is going to be commercial? What is going to be commercial? 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org • • • City Council Meeting Minutes January 3, 2006 Page l3 of 22 Jeremy Pate: It's typically the bottom story or bottom floor. Alderman Thiel: This will be along Wedington? Jeremy Pate: When the highway department expanded Wedington they took a lot of right-of- way in this area, that right-of-way cannot be vacated, it is something that the highway department uses to tow their slope, so that will not be utilized. So there's really not a lot of retail frontage for this project. It's my understanding a lot of that will be along this primary street that goes from James to Wedington along that area. I think the plan is to have more of a mixed use sort of an integrated within the over all development. There will be underground parking as well. Alderman Thiel: I assume that the access road is a private drive? Jeremy Pate: It is. Alderman Thiel: So they won't have access to that? Jeremy Pate: What they've shown there is the potential for a cross access. That would have to be worked out in detail and permission given by that property owner. Hopefully that can be worked out because again that would provide another means of access ingress and egress. The slope has a lot to do with it as well because that's a pretty steep slope coming in off of Wedington to the north. Alderman Thiel: Okay. Thank you. Mayor Coody: Any other questions of comments. Yes sir. Alderman Jordan: My concern is coming out on Wedington there's no way that you are going to be able to turn left on that road I can tell you from experience it's just not going to happen. That means that your traffic is going to turn right, and if they are going to the campus they are going to go to Hall or Sunset and go that way. I already have a petition from the neighborhoods on Hall Street, that does not have anything to do with this project, but they were already concerned about traffic congestions, no sidewalk and the street being too narrow along that school. This is not going to help the situation any if people start cutting through Hall Street to go to the university. I think this is a good looking project but that has got to be addressed. It has to be addressed for the neighbors in that area. I've had some calls and e-mails from people from the Hendricks neighborhood association with concerns about it coming through their neighborhood as well. I think this is something that needs to be addressed before I can support this. Jeremy Pate: One of the ideas behind supporting the higher density than we have in a zoning district currently is that it is located so near to infrastructure improvements already. It's close to the university and very easy to walk to. There is a transit stop directly to the east by the grocery store and a lot of people utilize the store parking and the parking lot across the street for a park and ride area I think it does set itself up for more pedestrian traffic if it is student oriented. Obviously some students will still drive and park in neighborhoods or park in the parking garage at the university. We felt that was a positive thing in response to your question. I agree left hand tums will probably be difficult and we may see with further evaluation it may only need to be a right in right out. It depends on what the traffic loads are and how that's going to be handled. James Street would then take more of the brunt of the traffic. There are four homes currently on James Street otherwise it serves as a primary ingress and egress for a very large multi -family 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi I le. org City Council Meeting Minutes January 3, 2006 Page 14 of 22 residential development as well as another apartment building and access from grocery stores. So it's already seen some traffic although the numbers are relatively low. I don't believe you'd have a hard time turning left, right or even walking down James Street currently because there are so many ways in and out. So this will add impact to the infrastructure in the area, we feel however that with the location of it, it will be a positive impact and that it will promote more pedestrian and bicyclist activity. Alderman Marr: I love these kinds of infill projects and I think the design is very attractive. My concerns are not about the development it's the ingress and egress and to make sure we can handle it in this particular area. My concern is the traffic from Mount Comfort. Was there any dialogue about closing that diagonal section there to take that piece out of this intersection and designing a more traditional T type intersection? I find it very hard to believe that 400 units would not create any additional traffic issues. Jeremy Pate: We had the same concern when we had the response of not a lot of impact. James Street in not an arterial street and if you look and you can't turn left on Wedington that's going to take some traffic that's going to be detrimentally impacted and therefore it will need to be improved. That goes in line with the comments about the intersection of Mount Comfort and Garland and that acute angle there that it creates. We will be recommending street improvements at the time of development, and that would potentially include intersection improvements as determined to be appropriate. What we did have dialogue about specifically was the intersection of Mount Comfort and Garland on the west side of Garland, we did not venture east of Garland Avenue. I think in some of our long term plans staff has indicated to the City Council that there will probably be a major intersection realignment in this area and there is the potential for closing that street. Alderman Marr voiced his concerns about the current traffic in this area. Alderman Lucas: I like this project. Are they tied to these things? For instance I like the round about in the middle. Jeremy Pate: That will likely be incorporated in detail. Alderman Lucas: This is not binding then? Jeremy Pate: It is. It is a binding booklet. However it is a master plan so every detail might not be exactly as it is presented. Alderman Lucas: I am also concerned about traffic. This will throw more traffic into the neighborhood. I don't have a solution. If were going to improve Garland then why can't we do something with that intersection at the same time? Jeremy Pate: That's certainly within our long term plans. As far as a long term goal that would help with the cut through traffic. I think it's a problem with any project, this will create additional traffic. It's certainly something we will look at in detail. Mayor Coody: Jeremy isn't Garland Avenue in the Street Bond issue? Jeremy Pate: Yes. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org • • City Council Meeting Minutes January 3, 2006 Page 15 of 22 Mayor Coody: Any other questions or comments? Alderman Reynolds: Who ever pulls out of these apartments will be looking at three different driveways. The other thing is how wide are those streets going to be Jeremy? Jeremy Pate: The interior ones? They are likely any where from a standard street 24' to 28' wide. Alderman Reynolds: I noticed we have 296 multi family units, 428 bedrooms, and 392 parking places but of that 58 parking spaces are on the street. How are you going to put a car on either side of the street and get a fire apparatus through there? Jeremy Pate: Typically the 28' section and that would be without parallel parking. If it had parallel parking on the street it would be widened to accommodate at least 8' on either side for the parallel parking to allow for a through access point. Alderman Reynolds: The other thing I'd like to bring to your attention is the Fire Department letter. There was two items on there that the engineers need to look at and make sure they take care of in this project. Jeremy Pate: Assuming this gets approved we would have to discuss how the entrance off of Wedington is accommodated and the round about. We will also discuss this with the Fire Department to make sure their apparatus can access through that. Alderman Reynolds: But this doesn't come back to us? Jeremy Pate: It goes to the Planning Commission for development approval. Mayor Coody: Anymore questions for staff on this? I'm going to open up to public comment on this. Is there anyone that would like to comment on this development prospect? Steve Mansfield, Mansfield's House: I appreciate you taking the time to consider this project. We are here before you for a concept plan as discussed we would have to go back to the Planning Commission for approval and to work out the details. What I 'd like to do is give you a little bit of the history of how it came about, some of the goals and why it's designed the way that it is. I like to talk a little bit about the planning of it and then let Rob Sharp come back and give you some of the details on the architectural side. Mr. Mansfield gave a brief description of the project. Rob Sharp, Architect gave a presentation on the project. He stated the road capacity is there and they can probably make things better. He stated the developers have committed to a very high level of construction. Alderman Ferrell: One of our objectives is to work with the university and the university has an objective to grow their campus and this campus is going to grow. I think this lends itself to • people walking. I think this is a further cooperative partnership with the university in trying to provide housing. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) access fayetteville.org City Council Meeting Minutes January 3, 2006 Page 16 of 22 Alderman Marr: There is nothing in the city administration or planning department's opinion at this point that could be done outside of the upcoming bond issue that would address all of the points of access as we look at this development. Tim Conklin, Planning: BWR did look at this intersection as one of the five intersections for realignment and they had plans to realign. Joyce Richards a resident voiced her concern about the traffic. Bill Muller a resident stated he is impressed with the project. He feels this is an excellent project for the City of Fayetteville. He is also concerned about the traffic. He voiced his concern about the traffic study that was completed. He requested the Council to approve this but to exercise their power to reduce the impact on the neighborhoods. Alderman Jordan moved to suspend the rules and go to the second reading. Alderman Lucas seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. This ordinance was left on the second reading. Alderman Jordan asked that the staff try to resolve some of the problems with traffic in the neighborhoods. R-PZD 05-1796 Park West: An ordinance establishing a Master Development Plan Residential Planned Zoning District titled R-PZD 05-1796, Park West, located at Highway 112 east of Deane Solomon Road, containing approximately 139.45 acres; amending the official zoning map of the City of Fayetteville; and adopting the Associated Master Development Plan. City Attorney Kit Williams read the ordinance. Jeremy Pate gave a brief description of the project. Planning Commission recommended this project with a vote of 8-0 in favor of the project. He stated traffic signalization is crucial to this project as the phases are completed. He stated that staff included two conditions with regards to the timing on this project. One is that each phase has two years from Planning Commission approval of development to get their permits, as each one of these projects goes through the development review process they are subject to whatever development ordinances that are in place at that time. The second condition is after five years this project is not going in the way that they City sees fit with our Master Plan then the Planning Commission can return it to the City Council for a review. Alderman Jordan: In the northeast section there will be a buffer? Jeremy Pate: It is a buffer of residential uses. There are no commercial uses adjacent to those properties to the northeast. There is a small area of commercial along Highway 112 to the east that would have to be buffered according to our ordinances. Alderman Jordan: What is the situation with the wetlands? 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) access fayetteville.org • • • Tracy Hoskins, Paradigm Development gave a presentation on the project • ten to fifteen year project. • • Jim Ramsey, Architect gave a brief description of the project. City Council Meeting Minutes January 3, 2006 Page 17 of 22 . He stated this is a Alderman Jordan asked where the road is that will be built by the developer. The road that you are going to build and pay for. Tracy Hoskins: Actually we are building a whole bunch of them and paying for a whole bunch of them. We will go on record saying that we are going to pay for them, most of them. On the City's Master Street Plan we have an east west corridor which is a collector street we are actually proposing to build this street larger than what is required by ordinance. Our intention is for this to be a three lane street and in some areas it will have an island in the middle of it. At the intersections it will have a turn lane. There will be two lanes in and two lanes out with a median in between. We are also intending to reroute Deane Solomon Road and abandon the intersection at Highway 112 where it is presently very dangerous Deane Solomon Road we are intending on constructing it as a 28 foot wide street. Alderman Jordan: That is a 28 foot road. Tracy Hoskins: Yes. Alderman Jordan: That you are going to build and pay for. Tracy Hoskins: Correct. The traffic study is now recommending that this potentially be a 36 foot road. We are going to ask the City to cost share the other 12 feet with us because we are giving up all the right of way for this road. We are paying to close this section of the road and we are doing improvements along Highway 112. Alderman Jordan: But it is going to be 28 feet? Tracy Hoskins: It is going to be 28 feet and we will pay the entire cost of the 28 feet. Alderman Jordan: one thing that I would like to have as you bring these phases on, if we approve this, how many will be in each phase and when they are going to come on. Tracy Hoskins: It is in the information that we gave you. Alderman Marr: The pieces in the information that are listed as phasing are not necessarily connected and so it looks like the main road through this doesn't come on until the very end. Tracy Hoskins: Actually they are connected. Mr. Hoskins explained the project. Phyllis Johnson representing Dale and Marti Benedict: They are the property owners to the north of this property. They request that you leave this on the first reading tonight. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi l le. org City Council Meeting Minutes January 3, 2006 Page 18 of 22 Rob Sharp commended the developer for the project. He stated he thinks this property will have an impact for Fayetteville and a regional impact. I think a lot of the success of this project will be due to the current staff and administration. Alderman Lucas: We can't require a buffer of any kind can we? Jeremy Pate: When there is a non-residential property adjacent to a residential property there is always a requirement for a buffer. This ordinance was left on the first reading. R-PZD 05-1816 Skate Place Condominiums: An ordinance establishing a Residential Planned Zoning Distnct titled R-PZD 05-1816, Skate Place Condominiums, located south of Ash Street on both sides of Chestnut Street, containing approximately 3.38 acres, amending the official zoning map of the City of Fayetteville; and adopting the Associated Master Development Plan. City Attorney Kit Williams read the ordinance. Jeremy Pate: The petitioner would like to meet with the neighbors before this is heard. This ordinance was left on the first reading. R-PZD 05-1817 The Commons at Walnut Crossing: An ordinance establishing a Residential Planned Zoning District titled R-PZD 05-1817, The Commons at Walnut Crossing, located north of Highway 62 West, lots 137 & 138 of the approved Walnut Crossing R-PZD, containing approximately 6.45 acres; amending the official zoning map of the City of Fayetteville; and adopting the Associated Master Development Plan. City Attorney Kit Williams read the ordinance. Jeremy Pate gave a brief description of the project. Staff recommended approval the Planning Commission voted 7-0 for approval. Alderman Jordan: I don't have a problem with this. 1 think it is a pretty good looking development. Alderman Lucas: I haven't either. What do you anticipate the price range to be? Kim Hesse, Rousch Coleman Homes: We are looking at a square footage of 1,300 to 1,600 and a starting price range of about $125,000 to $160,000. Alderman Jordan moved to suspend the rules and go to the second reading. Alderman Lucas seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Jordan moved to suspend the rules and go to the third and final reading. Alderman Lucas seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi I le. org • • • • City Attorney Kit Williams read the ordinance. • City Council Meeting Minutes January 3, 2006 Page 19 of 22 Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance No. 4815 as Recorded in the Office of the City Clerk. RZN 05-1833 Bellafont: An ordinance rezoning that property described in rezoning petition RZN 05-1833 for approximately 25 29 acres located north of Joyce Boulevard, west of Venture Road, and south of Bellafont Gardens from R -O Residential Office and C-2, Thoroughfare Commercial to C-3, Central Commercial. City Attorney Kit Williams read the ordinance. Jeremy Pate gave a brief description of the property. Planning Commission voted 8-0 to recommend approval Staff worked with the applicant on a Bill of Assurance that addresses density, height and green space requirements. Alderman Thiel: Was there a reason they did not want to do a conceptual PZD? Jeremy Pate: They could have but everything they have proposed thus far seems to fit within the zoning district. If it can fit in a zoning district that is what we are going to recommend rather than going through a PZD. Alderman Reynolds: Will this have any impact on the small neighborhood to the east? Jeremy Pate: We have been discussing that. Right now the requirement is to construct an east west connector street. That is something we are working out how best to facilitate that without creating cut through traffic in that neighborhood. Alderman Rhoads: Neither Mr. Ferrell nor I have heard a single complaint from anybody or any neighbors. Alderman Marr: I am supportive of the zoning because I think it is consistent with the Master Land Use Plan. I do think we need to give some guidance to the Planning Commission on traffic management. My concern is the traffic. Tom Hennelly, H2 Engineering: We have a traffic study underway. We are proposing signalization on two points on Joyce as well as widening tum lanes. Alderman Rhoads: Have you talked to the neighbors? Tom Hennelly: We have not. As we discuss ways to connect or not connect we will tackle that at that point when we submit the large scale. Alderman Ferrell: I think this is going to be a tremendous infusion of capital spending along there and from what I have seen some beautiful places in an appropriate place. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevill e.org City Council Meeting Minutes January 3, 2006 Page 20 of 22 Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman Rhoads seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Ferrell moved to suspend the rules and go to the third and final reading. Alderman Rhoads seconded the motion. Upon roll call the motion failed 4-4. Alderman Rhoads, Ferrell, Lucas and Jordan voting yes. Alderman Marr, Reynolds, Thiel and Cook voting no. Motion Failed. This ordinance was left on the second reading. RZN 05-1834 Vantage Square: An ordinance rezoning that property described in rezoning petition RZN 05-1834 for approximately 13.47 acres located at lots 6C and 7A in Vantage Square from R-PZD 04-1075 (Cambridge Crossing) and R -O, Residential Office to C-1, Neighborhood Commercial, and C-2 Thoroughfare Commercial. City Attorney Kit Williams read the ordinance. Jeremy Pate gave a brief description of the project. Planning Commission reconimended 8-0 for approval of this project. Staff finds that the application is in keeping with our Future Land Use Plan and recommends approval. Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman Rhoads seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Ferrell moved to suspend the rules and go to the third and final reading. Alderman Marr seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance No.4816 as Recorded in the Office of the City Clerk. Carney Construction, Inc: A resolution awarding a construction contract to Gamey Construction, Inc. in the amount of $4,582,536.60 for construction of the force mains from Hamestring Lift Station to the West Side WWTP (WL -5); and approving a 4% contingency of $183,000.00. Alderman Cook: We did discuss this at the Sewer Committee. Alderman Marr: It passed unanimously. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi1le.org • • • • • • Alderman Jordan moved to approve the resolution. Alderman motion. Upon roll call the resolution passed unanimously. Resolution No.09-06 as Recorded in the Office of the City Clerk. City Council Meeting Minutes January 3, 2006 Page21 of22 Ferrell seconded the Amend Chapter 151 & 164: An ordinance amending the Unified Development Code Chapter. 151 definitions and Chapter: 164 Supplementary Zoning Regulations to clarify and designate the intent of the accessory structures and uses ordinance. City Attorney Kit Williams read the ordinance. Jeremy Pate gave a brief description of the amendment. Alderman Ferrell moved to amend the ordinance to replace the language of less than 50% of to 50% or less than and from 50% or greater to greater than 50%. Alderman Reynolds seconded the motion. Upon roll call the motion passed unanimously. Alderman Reynolds: Will that stop some of the problems that we have had? Jeremy Pate: Yes sir. Alderman Cook: 50% of what? Jeremy Pate: It is 50% of the overall area Gross floor area is what we utilize in most of our ordinance. Alderman Marr: If you have a home and you have a detached garage which is an accessory structure and you want to build a second accessory structure, is each one 50% or less or is the total 50%? Jeremy Pate: The total. City Attorney Kit Williams read the ordinance. Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman Reynolds seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit 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. City Attorney Kit Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance No.4817 as Recorded in the Office of the City Clerk. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes January 3, 2006 Page 22 of 22 Meeting Adjourned at 9:35 PM Dan Coody, Mayor Sondra Smith, City Clerk/Treasurer 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org