HomeMy WebLinkAbout2006-11-07 Minutes•
Mayor Dan Coody
City Attorney Kit Williams
City Clerk Sondra Smith
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City of Fayetteville Arkansas
City Council Meeting Minutes
November 7, 2006
City Council Meeting Minutes
November 712006
Page I of 33
Aldermen
Ward I Position I - Robert Reynolds
Ward I Position 2 - Brenda Thiel
Ward 2 Position I - Kyle B. Cook
Ward 2 Position 2 - Vacant
Ward 3 Position I - Robert K. Rhoads
Ward 3 Position 2 — Robert Ferrell
Ward 4 Position I - Shirley Lucas
Ward 4 Position 2 - Lioncld Jordan
A meeting of the Fayetteville City Council was held on November 7, 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, Rhoads, Ferrell, Lucas, Jordan, Mayor Dan
Coody, Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
Pledge of Allegiance
Alderman Cook announced the Board and Committee vacancies.
CONSENT:
Approval of the September 19, 2006 and October 3, 2006 City Council meeting minutes.
Approved
AB Reprographics, Inc: A resolution approving the purchase of an Oce CS4044 Wide Format
Full Color Scanner from AB Reprographics, Inc. in the amount of $20,753.27 for the Electronic
Document Management System.
Resolution 175-06 as Recorded in the Office of the City Clerk.
Cando, Inc: A resolution awarding Bid #06-52 and approving a contract with Cando, Inc. in the
amount of $157,980.00 for the installation of park amenities for the development of the park in
Salem Meadows Subdivision; and approving a 10% project contingency in the amount of
$15,798.00.
Resolution 176-06 as Recorded in the Office of the City Clerk.
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Peyton Properties, LLC: A resolution approving an Offer and Acceptance contract between •
the City of Fayetteville and Peyton Properties, LLC for the sale of Parcel 20W in the South
Industrial Park for $200,000.00; approving a budget adjustment; and authorizing the Mayor and
City Clerk to execute said agreement.
Resolution 177-06 as Recorded in the Office of the City Clerk.
GN Contractors, LLC: A resolution approving a contract with GN Contractors, LLC in the
amount of $275,571.00 for construction of improvements to Kings Drive; and approving a
project contingency in the amount of $55,114.00.
Resolution 178-06 as Recorded in the Office of the City Clerk.
T -G Excavating, Inc: A resolution awarding a construction contract to T -G Excavating, Inc. in
the amount of $4,413,664.50 for construction of the Gregg Avenue interceptor sewer WSIP
Subproject WL -2; and approving a 5% project contingency in the amount of $220,683.00.
Resolution 179-06 as Recorded in the Office of the City Clerk.
Insituform Technologies, Inc: A resolution approving Change Order #2 to the construction
contract with Insituform Technologies, Inc. in the amount of $323,650.00 for Sanitary Sewer
Lining Services. is
Resolution 180-06 as Recorded in the Office of the City Clerk.
Arkansas Democrat Gazette: A resolution approving one-year agreements with the Arkansas
Democrat -Gazette — Northwest Edition for display and legal advertising.
Resolution 181-06 as Recorded in the Office of the City Clerk.
Alderman Jordan moved to approve the Consent Agenda as read. Alderman Reynolds
seconded the motion. Upon roll call the motion passed unanimously.
UNFINISHED BUSINESS:
R-PZD 06-2169 - 61h & Wood: An ordinance establishing a Residential Planned Zoning
District Titled R-PZD 06-2169, 6'h & Wood, located south of 6th Street near Wood Avenue,
containing approximately 1.80 acres; amending the Official Zoning Map of the City of
Fayetteville; and adopting the Associated Master Development Plan. This ordinance was left on
the First Reading at the October 17, 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.
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• Alderman Reynolds: Mayor, Brenda and I had a neighborhood meeting in this area and we had
a pretty good turnout. It seems like this is going to be a pretty good project and the neighbors
were in favor of it. The problem that exists down there is from a past development and I hope
that our Engineering Division will follow through on this past construction and make sure that
they complete their project before they get finals on them. If they do that this neighborhood will
be very happy with this administration.
Alderman
Reynolds moved
to
suspend
the rules
and
go
to the
third and final reading.
Alderman
Rhoads 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 4940 as Recorded in the Office of the City Clerk.
RZN 06-2240 Combs: An ordinance approving RZN 06.-2240 submitted by H2 Engineering,
Inc. for property located at the southeast comer of Morningside Drive and 15th Street, for
approximately 61.98 acres, rezoning the subject property from RSF-4, Residential Single Family,
4 units per acre to RMF -6, Residential Multi -family, 6 units per acre and C-1, Neighborhood
is
Commercial. This ordinance was left on the First Reading at the October 17, 2006 City
Council ineeting.
Alderman Rhoads 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.
The Petitioner stated we attended a Ward I Meeting on November I". Out of that meeting it
came to light that they would like to see this property instead of being zoned RMF -6 where we
could do multi -family, they were okay with RSF-8. We are requesting that we change the zoning
request.
Alderman Thiel: That is definitely
what
we beard at the meeting and 1
actually pulled up the
map in that area and there's already a
good
deal of RMF -24 in that area so
do we need to make a
motion to make this change tonight.
The Petitioner: Yes ma'am. 1 am asking that we change the petition from RMF -6 to RSF-8.
The same acreage applies and in light of the work that has been done we certainly hope that we
could get this passed through three readings tonight?
Alderman Thiel moved to amend the ordinance to RSF-8. Alderman Reynolds seconded
• the motion. Upon roll call the motion passed unanimously.
Laverne Cooper: We had been opposed to the apartment houses being put up over there. 1
think this will be much better for the community out there in the neighborhood and 1 appreciate
them changing it.
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Alderman Thiel 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 4941 as Recorded in the Office of the City Clerk.
PUBLIC HEARINGS:
Mayor Coody opened the Public Hearing.
Raze and Removal at 1762 Stirman Avenue: A resolution ordering the razing and removal of
a dilapidated and unsafe structure owned by Ruby M. Abel and Lynn Edward Abel located at
1762 Stirman Avenue in the City of Fayetteville, Arkansas; and approving a budget adjustment
in the amount of $10,000.00.
Yolanda Fields, Community Resources Director stated there has been no change. We have
received the determination from our Building Safety Inspector that this structure needs to be •
razed and removed. Notification on this violation was issued to the property owner in May of
this year and we have had no action on this location so I move for approval of the Raze and
Removal and the budget adjustment.
Alderman Cook: One comment that we made at Agenda Session was my concern of the budget
adjustment coming out of that ambulance money but we were assured that that money will be
reimbursed so I will support that but I do have concerns about that $10,000.00.
Mayor Coody: Is this that out of the $50,000.00 that we over budgeted for ambulance?
Alderman Cook: Yes sir.
Alderman Reynolds moved to approve the resolution. Alderman Thiel seconded the
motion. Upon roll call the resolution passed unanimously.
Resolution 182-06 as Recorded in the Office of the City Clerk.
Mayor Coody closed the Public Hearing.
Mayor Coody opened the Public Hearing
Buffco Inc. Taxi Service: A•resolution granting a Certificate of Public Convenience and •
Necessity to Buffco Inc. for the operation of four (4) to ten (10) taxicabs within the City of
Fayetteville, Arkansas.
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• Seargent James Harter:
There was an issue from Council
on the insurance and
I was going to
see if Danny
Buffington was here tonight. He is the new
owner and he wishes
to change the
ownership to
his name and
also change names of the cab.
Mayor Coody: Is all the paperwork in order?
Sergeant
James Harter:
There was a question on his insurance
and he was expected to be here
tonight to
demonstrate that
the insurance could be in his name.
Mayor Coody: But he is not here?
Sergeant James Harter: Apparently not.
Alderman Rhoads moved to table the resolution to the November 21, 2006 City Council
meeting. Alderman Jordan seconded the motion. Upon roll call the motion to table passed
unanimously.
This resolution was tabled to the November 21, 2006 City Council meeting.
Mayor Coody closed the Public Hearing.
• Mayor Coody opened the Public Hearing
JC Animal Farms Entertainment: A resolution granting a Certificate of Public Convenience
and Necessity to JC Animal Farms Entertainment for the operation of a Non -Motorized
Transportation Service.
Sergeant James Harter: On behalf of Casey Brown stated, I have a response to Alderman
Thiel and that was on the horse requirements for vaccinations. Under Section 117.87 horses are
required to have veterinarian proof of vaccinations for tetanus, rabies and the eastern western
encephalitis as well as a coggins negative test. We have done some research on the camels and 1
spoke with four different people representing the Little Rock Zoo, the Passion Play in Eureka
Springs, the Texas Camel Corp. out of Texas and then someone from the Tulsa Zoo. We've
provided that to Jill Hatfield, Director of Animal Services and if she is here we are going to defer
those questions as far as recommendations to her.
Jill Hatfield, Director of Animal Services: I think we have substantiated that the owners are
willing to do everything of the requests at this point.
Alderman Thiel: So they are willing to vaccinate?
Jill Hatfield: Yes.
• Sergeant Harter: The only question is what are we going to require?
Alderman Ferrell: If they agree to comply with what Jill say's it seems to me that's all we
need.
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Mayor Coody: What is your recommendation on this? •
Sergeant Harter: If it is left to me I would say we go with a TB and Brucellosis and they are
already qualified and forgo the rabies based on my research.
Alderman Thiel: 1 think the rabies is necessary based on what our veterinarian told us at the
Agenda Meeting. Horses and camels both can carry rabies and even though they don't bite. We
are requiring the horses to be vaccinated for rabies
Sergeant Harter: Okay, 1 can tell you from the people I spoke with two recommended rabies
and the other two didn't.
Unknown speaker from the audience: We spoke to one of our friends who has camels in
Oklahoma and he stated that he would not ever give his camels a horse rabies shot. He said if he
had to do anything it would be a sheep vaccination because they are more close to the animals.
Mayor Coody asked the City veterinarian to make a recommendation.
Dr. Amy Kasprisin: As 1 understand the rabies vaccination is labeled for a horse and also
labeled for cattle and I don't know if there is any difference between that however we do have
some recommendations as far as what vaccine to use for rabies and it is just a precautionary
measure. It's not simply a matter that they should not have rabies they can be vaccinated for
rabies and it is recommended in more than one literature. It may be a very low risk that they can •
carry rabies but if there was a person or a child that was bit then it may alleviate some of the
concern. It's not so much that the camel would transmit the rabies.
Mayor Coody: Do you have a recommendation that you could live with so we can get this
approved?
Dr. Amy Kasprisin: As 1 understand there was testing for tuberculosis and brucellosis for these
camels. Is that true, was that established?
Mayor Coody: Apparently so yes.
Dr. Amy Kasprisin: Because on the health certificate it said not applicable on brucellosis. May
1 see a copy of that please?
Mayor Coody: Is there a way that we can get you all to agree to do whatever needs to be done
and you can get the Doctors approval? Doctor if they do what you think is right then you can
approve it and we can go ahead and approve this based on your approving of the permits is that
right?
Alderman Thiel: That sounds good to me.
Alderman Ferrell moved to approve the resolution. Alderman Reynolds seconded the •
motion. Upon roll call the resolution passed unanimously.
Resolution 183-06 as Recorded in the Office of the City Clerk.
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• Mayor Coody closed the Public Hearing.
NEW BUSINESS:
Barloworld Freightliner Repair Unit # 477: An ordinance waiving the requirements of formal
competitive bidding and approving a quote from Barloworld Freightliner of Springdale in the
amount of $26,706.34 to repair accident damage to Unit # 477, a front -load refuse collection
truck.
City Attorney Kit Williams read the ordinance.
Alderman Reynolds: This item has been approved by the Equipment Committee.
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.
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 4942 as Recorded in the Office of the City Clerk.
R-PZD 06-2191, University Club Tower: An ordinance establishing a Residential Planned
Zoning District titled R-PZD 06-2191, University Club Tower, located north of Lowe's Home
Center, east of College Avenue (Highway 71), containing approximately 10.39 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 item. He stated that staff is recommending approval
of this item. One of the specific items I would ask the City Council to consider, the Planning
Commission did recommend in favor 8-0 of this proposal however condition #1 is a
determination of standards for the 24 foot street connecting College Avenue and Timberlake
Court. This was the item that was discussed primarily with this planned zoning district. The
Planning and Engineering Division is recommending that this be a private street that connects
• Timberlake Court to College Avenue. The applicant is also requesting that this be a private
street. The Planning Commission did recommend this street be constructed and dedicated as a
public street. We would ask the City Council to consider that waiver request and consider staff
recommendation and the Planning Commission's recommendation. We would also ask that the
City Council leave this on the first or second reading tonight.
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Don Pitts, Owner of Lokomotion: I have no opposition to Mr. Chapman building the condos on •
the hill. We have two parcels of land that takes care of the Lokomotion development. We have
approximately seven acres on the south side of the creek that runs just north of the bluff below
the property that is being considered for the Condo. In addition to the land that we own we have
a deeded private road that runs between our south line and the base of the bluff that is our only
access to the property. At present we are permitted to build on the road and have no setbacks.
He went on to voice his concerns about a public road being built and the effects it would have on
the value and investment of the Lokomotion property.
Mayor Coody:
Mr.
Pitts, 1
have not been on the road but
I have driven by it. It looks like a
developed spring
that
is back
in the hill there.
care of both those springs as well as the ravine in
Don Pitts: There is a developed spring on the bluff on the right side as well as one in a spring
house on down.
Mayor Coody: That will be preserved 1 hope?
Don Pitts:
Well,
that's not
on my property.
That is on the property where they are proposing
the street.
I have
drainage
systems to take
care of both those springs as well as the ravine in
place.
Mayor Coody: Jeremy, do you have any information on those spring structures? •
Jeremy Pate: I do not specifically but that would be part of our engineering review of
construction plan if this does get approved.
Mayor Coody: That is one of those old historic things about Fayetteville and that would be a
sad thing to lose. It seems like it would be easy to leave alone, if you could look into that I
would appreciate it.
Alderman Thiel asked the applicant and Jeremy Pate if this was the street that would remain
private.
Jeremy Pate: That's correct. We would recommend that it would remain private as Mr. Pitts
has discussed.
Alderman Ferrell asked Mr. Pitts if he still had a pond in the back of the property.
Don Pitts: We have a large spring that comes out on the east side of the property behind the
cabin that runs a Tx3' stream that goes into that little lake and then there is a spring house that
sits at the base there that belongs to Mrs. Blair. We take care of all the water that comes out of
that spring house. There is a second springhouse down by the go-kart track that has a building
and then the one that you referred to in the bluff. So there are three springs down through there. •
This ordinance was left on the First Reading.
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• R-PZD 06-2256, 932 Garland: An ordinance establishing a Residential Planned Zoning
District titled R-PZD 06-2256, 932 Garland, located at 932 Garland, between Berry and Hughes
Street, containing approximately 0.84 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 item. He stated that the Planning Commission did
vote 8-0 in favor of this project and staff is also recommending approval.
Alderman Cook: I would request that this stay on the first reading if possible and my main
reason is after tonight I will have another Ward 2 person sitting next to me. That person at the
next meeting will be voting. I know Mr. Mansfield has a presentation tonight but the next person
sitting in this seat will probably need to see that presentation all over again. I would request that
we hold this off until Ward 2 is completely represented.
Alderman Jordan: It was shown at the Ward 4 Meeting. I know that's in Ward 2 but we are
right across the street and a lot of people from our Ward lives in that area and they didn't seem to
have too much trouble with it.
Alderman Lucas: I think it would be good to hear the presentation tonight and the next time.
Some people may be watching tonight that can't watch next time and this is a pretty big project.
• It's very important in that area.
Mayor Coody: Would the architect or whoever the petitioner is like to come up and make the
presentation for us.
Alderman Rhoads: If we are going to hear this tonight and if what we hear is all pretty positive
is it not possible to approve this on three readings tonight?
Alderman Cook: If you want to approve it on three readings I will vote against it immediately.
Alderman Rhoads: I respect that. Okay.
Yume Rudzinski, Architect with Architects 226: The idea with this project when we
approached it was to provide a building that would represent itself as a gateway to the
University. We noticed that in this neighborhood lacks cohesiveness in that area and we wanted
to provide a building that would start to become a signature piece for the entrance into the
University and also to the City. In the Boulevard that it's on it's one of the premiere boulevards
in Fayetteville allowing it for a structure that's taller than the rest of the houses that are around
there.
She went on to discuss the project. She stated the idea is to do a truly mixed use building to
promote more activity around that area.
• Alderman Thiel: There's parking for the residential portion in behind?
Yume Rudzinski: That's correct.
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Alderman Thiel: Is there any parking for the proposed commercial there? •
Yume Rudzinski: Yes. We have allowed enough parking for the commercial and the offices.
There are two levels of parking and we would designate certain areas for the residences and then
the rest for commercial and office use. There is enough to accommodate all of that in the two
level parking.
Alderman Thiel: But they would have to go around behind?
Yume Rudzinski: They would actually enter in.
She went on to describe where they would enter on the map.
Alderman Reynolds: What is the Material that we are looking at for the exterior?
Yume Rudzinski:
On the ground
floor we are looking at using stone.
Right now we are not
sure.
Alderman Reynolds: Is there going to be brick involved in it?
Yume Rudzinski: I don't think so. The stone would be on the bottom and then above on the
bar that faces Garland we are hoping to use a really nice non -reflective metal for those units.
Mayor Coody: The plan is not to use E.I.F.S. right? •
Yume Rudzinski: No.
Alderman Ferrell: Since you are going to have other commercial buildings and the University
on that area is there any way to forecast how many people will walk?
Steve Mansfield, the developer of the project: We don't have specific numbers. Some of our
other projects that are very close to campus, we actually have somewhere between 60% and 70%
vehicles per bedroom so there is a larger percentage of walkers than we have people using cars
on a daily basis. At this site on ball games the pedestrian traffic is quite heavy. One of the
things that we have tried to do is try to move the sidewalk closer to the building and create green
space between the pedestrians and the street for safety and attractiveness. We have also widened
the sidewalk in multiple areas so that it varies from eight feet to as much as sixteen feet so we
have outdoor patio seating near cafes and have a pedestrian walk way that people would find
attractive.
Alderman Lucas: The traffic on that corner at Harps and the shopping center is horrendous, is
that going to be addressed?
Steve Mansfield: We have just recently met about some of the street improvements that will be
required to do in order to alleviate some of that on the other projects so that is work being done •
right now.
Alderman Jordan: So when are we going to know something on that?
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• Jeremy Pate: This same applicant also is doing the Wedington Circle PZD and that project is
just kicking off. The subdivision won't generate any traffic but we are looking at what the Street
Committee and the Council discussed in closing the eastern portion of Mt. Comfort which we are
looking at options of how to do that and the best means to do that. Traffic calming was
discussed in that neighborhood and those would likely come as the buildings come in and actual
traffic is generated, those would come through. We would likely be working with the Highway
Department in terms of the overall widening of Garland and how to reroute James and Mt.
Comfort in that area.
Steve Mansfield: 1 think all this will be resolved in the next 45 days.
Alderman Cook: You mentioned in here that even though a traffic study wasn't required you
were working on one. Are we going to see one or is that something that you are not going to
provide?
Steve Mansfield: We were not planning on providing it at this time. As Jeremy said we are
going to have to come back through. We are asking for a few things that are out of compliance,
as of right zoning, so we just wanted to make sure. As with all the developments 1 have been
involved with 1 think it is very important to get comment from all the neighbors who will be
affected by this project. We did have a meeting in Ward 4. We invited local citizens to see the
project beforehand and in reality there really was no opposition or negative comments. I feel
• comfortable that we have designed a building that will be a benefit to the city.
Mayor Coody: It's a nice design.
This ordinance was left on the First Reading.
ADM 06-2294 Amend Chapter 161, Zoning Regulations: An ordinance amending Chapter
161, Zoning Regulations, Section 161.15 B.2 of the Code of Fayetteville, to add Use Unit 15,
Neighborhood Shopping Goods as a conditional use to the R -O, Residential Office Zoning
District.
City Attorney Kit Williams read the ordinance.
Jeremy Pate gave a brief description of the item. He stated the Planning Commission's vote
was 8-0.
Mayor Coody: Thanks for bringing this up because I know we've had some people come up
that have wanted to have these use units in an R -O zoning but we wouldn't allow them and it
seemed perfectly suited for the area and this would be a way to encourage people to walk and
have different businesses near by in residential areas that would enhance residential areas that
have cracked from it. 1 appreciate you bringing this forward.
• Alderman Jordan moved to suspend the rules and go to the second reading. Alderman
Ferrell seconded the motion. Upon roll call the motion passed 6-0. Alderman Rhoads was
absent during the vote.
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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 6-0. Alderman
Rhoads was absent during the vote.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass.. Upon roll call the ordinance passed 6-0.
Alderman Rhoads was absent during the vote.
Ordinance 4943 as Recorded in the Office of the City Clerk.
ADM 06-2324 Amend Title XV: DMP Supplementary District Regulations: An ordinance
amending Title XV: Unified Development Ordinance of the Code of Fayetteville to amend
various sections of the code in order to implement the Supplementary District Regulations for the
Downtown Master Plan Area.
City Attorney Kit Williams read the ordinance.
Tim Conklin, Planning and Program Development Director briefly went through each exhibit
with regard to the implementation of part of the Downtown Master Plan. •
Alderman Ferrell asked if no banners would be allowed up unless the streets are closed for six
hours.
Tim Conklin: And it is a City sanctioned event. That is correct.
City Attorney Kit Williams: There is a reason for that. Even though we've had banners across
the street before they've never been allowed under our code. That has been a problem that we've
struggled with. In order to ensure that we will not be sued successfully by billboard sign
companies that sometimes go around and sue cities we have to be very careful that if we do
allow something like this banner that they are restricted in a very rational basis so that if we
make it wide open then we don't have any control of what's going to be there. I crafted this
language that required a very independent way to decide what banners go up or not and that is
with a street closing. Those would be the events that would be allowed to have a banner that
would be put up by the city, they would have no commercial content and I think this is probably
a safe way to do it.
Alderman Ferrell: So there was a dialogue or discussion with the people associated with the
major festivals and things that we have traditionally had banners for?
City Attorney Kit Williams: We talked about it at Ordinance Review; we talked to the
Downtown Dickson Partners, so yes there were a lot of discussions. •
Alderman Thiel: This was discussed by the Planning Commission and then at the Ordinance
Review Committee and we all felt more comfortable following our City Attorney's
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• Alderman Ferrell: What I'm wondering is if we have a list of the one's that would be
sanctioned for the closing. The reason I'm on this, I used to work for the telephone company and
they used to call and say hey can you hang this banner for us and we put the banners up. My
recollection was there were no streets closed and in my opinion the community benefited from
this. If you have to shut a street down for six hours that seems like overkill to me.
City Attorney Kit Williams: The problem you have is that a City Government is not allowed to
pick and choose which causes it thinks are worthy of being advertised and which are not. If we
decide we like this charity event but not that one that is improper according to the Federal Court
and we can't make decisions like that and so if we wanted to have banners without any kind of
other restrictions we certainly can do that. The problem is any non-profit anywhere would be
able to have that banner up and that is what concerns me.
Alderman Ferrell:
You have been very
consistent in your sensitivity
to the sign ordinance and
the liability in the continuing ordinances
that come forward in trying
to protect us. Was there
any thought given to
grandfathering some
of the ones that we've had in
the past that we have not
had a problem. Can
somebody tell me the
ones the streets close for?
City Attorney Kit Williams: You have Autumnfest, Springfest, the Joe Martin Bike Rally and
Bikes, Blues and BBQ. One other reason I did that is it would be a notification of the street
closings and therefore it helps as a traffic safety justification for this particular banner as opposed
to trying to justify which organization we like and which organization we don't like.
• Daniel Hintz, Executive Director of Fayetteville Downtown Partners: We have been under
contract with the City of Fayetteville to oversee the downtown banner program for the past two
years and we have been asking for clarification on this issue so we are glad we are finally able to
speak to this issue. In lack of this type of guidance from the City we have implemented
somewhat of guiding principals for this program saying the event has to happen in downtown
and it has to be a non-profit. This hasn't been official because we did not have any official
guidelines so we built those ourselves and ran those past the Planning Staff early on and that's
what we've been working on.
Tim Conklin finished describing the exhibits. He asked before you pass this ordinance there are
several references in Exhibit E and F that talk about a downtown entertainment district. We did
not create an entertainment district as part of the downtown code. I would recommend that we
amend those exhibits to state downtown area and that would clarify those ordinances since we do
not have an established zone.
Alderman Ferrell moved to amend the ordinance to state "Downtown Master Plan Area."
Alderman Jordan seconded the motion. Upon roll call the motion to amend passed 6-0.
Alderman Rhoads was absent during the vote.
Philip Pumphrey, Executive Director of Ozark Regional Transit expressed his concerns with
the ordinance.
• Alderman Ferrell asked if there was any chance that they could pull 174.13 (C) out and re -look
at that. He stated I understand Kit's concern but it seems to me that we might be able to massage
this a little bit and find a way to grandfather some of the one's that we have allowed in the past.
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Alderman Ferrell moved to amend the ordinance to delete 174.13 (C) 2. •
City Attorney Kit Williams: Subsection "C" is all in one. You can't take out a subsection 2
because then you have no way to justify or to decide what kind of banners can be put up. You
have to do all of "C" if you want to do that. I just want to remind you that this Council has not
had to face the appeals to the Supreme Court that the sign ordinance generated. It generated
seven or eight appeals to the Arkansas Supreme Court when it was first done. We need to be
careful when we are thinking about doing something to the sign ordinance that can be looking
like me are creating an exception that is allowing something that is similar to a billboard that the
courts might say is functionally equivalent.
Alderman Ferrell: We have never had any court action on a banner have we?
City Attorney Kit Williams: We actually have been sued over signs since I've been here.
Alderman Ferrell repealed his amendment and asked that this ordinance be left on this
reading and see if there is something that can be done with it.
Alderman
Thiel: It is easy
to leave it
on this reading
however it's been a long time
getting here.
Personally
I would like to see us pass
it tonight and this could be brought back up.
I personally
will not be
able to support a
change based on our City
Attorney's opinion.
Alderman Ferrell: The way it reads the Mayor would have to be the one that decided which •
street closed.
City Attorney Kit Williams: The Code might actually indicate somebody else but whoever it
was would work for the Mayor. The buck stops up there when it comes to controlling the streets.
Alderman Reynolds: On C.2 you would be taking the teeth out of this. I think let's leave it on
the second reading and then come back and work it out where you can close East Dickson for the
Ice Cream Social and they could still have what they need.
Daniel Hintz thanked the staff and Kit Williams and he stated I am glad we are finally here. He
stated Fayetteville Downtown Partners conducted the initial research and drafted the early
versions of all these ordinances. We presented these findings to the staff at the beginning of the
year.
He went on to describe the philosophy behind all the components of their findings of the
ordinance and expressed their concerns with the ordinance.
Doug Wallace, Fayetteville Downtown Partners read a statement from two small businesses of
the mil district off of 6th Street.
City Attorney Kit Williams: You notice when Tim was talking about sidewalk cafe's he was
saying that they should not be limited only to the downtown entertainment zone. So I would .
think that in Section 178.01 Purpose Section, we have now already amended the downtown
entertainment district to 'be the downtown Master Plan Area. If you would just put "and
elsewhere' in there the Planning Commission won't be confused and think it is only for the
Downtown Master Plan area.
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entertainment district to be the downtown Master Plan Area. If you would just put "and
elsewhere" in there the Planning Commission won't be confused and think it is only for the
Downtown Master Plan area.
Alderman Thiel moved to amend the ordinance to state "and elsewhere." Alderman Lucas
seconded the motion. Upon roll call the motion to amend passed unanimously.
Alderman Thiel moved to suspend the rules and go to the second reading. Alderman Lucas
seconded the motion. Upon roll call the motion passed 6-0. Alderman Ferrell was absent
during the vote.
City Attorney Kit Williams read the ordinance.
This ordinance was left on the second reading.
Real Estate Sales Contract with Habitat for Humanity: An ordinance waiving the
requirements of §34.27, Code of Fayetteville and approving a Real Estate Sales Contract with
Habitat for Humanity of Washington County, Inc. in the amount of $152,000 for the purchase of
eight acres south of Huntsville Road and Seven Hills Transitional Housing; and designating a
portion of the remaining acreage south and east of this parcel as passive greenspace or parkland.
• City Attorney Kit Williams read the ordinance.
Tim Conklin gave a brief description of the ordinance. He stated that staff was asked to look
into what was being done up north and to work with our Washington County Habitat and look at
what the University Community Design Center was doing. He discussed their findings.
He handed out a signed agreement between Habitat for Humanity, Seven Hills, and Sage House
stating that Habitat for Humanity will connect to the new street that would be constructed by
Seven Hills if the Sage House Board agrees to relocate within the commonly planned property.
Alderman Jordan: That was one of the situations that came up in the Street Committee. We
are talking about disjoined pieces of property and we did not have a true plan of what we were
looking at. I don't think there was anybody on the Street Committee that is not supportive of
attainable housing. It's just that we are looking at what streets cost today and we wanted a plan;
we just didn't want to say lets just do this or that. 1 don't want any one to think that we do not
support attainable housing in this city because I have and always will.
Tim Conklin: With regard to the actual contract, it is a real estate contract selling
approximately eight acres of land for approximately $19,000 an acre. It does have a 180 day
closing date with a 60 day extension. If there does need to be an amendment to the contract in
the future with regard to what is worked out as we work together as a city and the three different
agencies that can come back before Council.
• Alderman Jordan thanked the Mayor for the work that he has done on this.
Jim Culberson, a volunteer land planner for Habitat for Humanity in Washington County stated
that Habitat is currently building their 37'b house and that puts us on a pace of about five homes
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per year. He stated that lot acquisition has become a limiting factor for Habitat's performance •
for us to be able to move on and keep doing what we are doing in this market. It has become
obvious to us that if we are going to continue our program we are going to have to develop a
neighborhood. We have been looking at this property on Huntsville Road and over the last
several months we have worked out a situation that seems to be mutually beneficial to all parties.
Mayor Coody charged us with doing as high of quality as we could. We are delighted with
where this process has placed us right now with the possibility of having a wonderful new
neighborhood and designs that are exciting.
Aaron Gabriel with the University of Arkansas Community Design Center gave a presentation
on the type of neighborhood that Habitat for Humanity is trying to bring.
Mayor Coody: We have this to accomplish too, getting affordable housing here. We all know
that Habitat is an excellent planning program and if we accomplish this tonight we will be able to
see some homes be built for years to come. It will elevate how Habitat does business in all of
Washington County. If there is a way that we can do an exceptionally high energy efficient
home I would like to see the City do it; where we get a bunch of City employees out on a
Saturday and we can get a lot of work done. This is a good program and I really appreciate
everybody working together.
Alderman Cook: So basically it is going to be a city street? We are going to kick in $53,000
and Habitat is going to tie into this street, am I reading this correct?
City Attorney Kit Williams: That is correct. We need to pass this tonight because for their •
grant application they need to be able to show that they have an agreement to own this land. We
will have to come back in the future because there is going to be some movements around of
what parcel they actually own. We will come back with an amended ordinance and contract.
Mayor Coody thanked Aaron Gabriel for his presentation and he stated we appreciate everyone
working with us on this. We are going to team up and make this the best project ever and we are
very excited about it. For the first time I think we are really going to be bringing our program
together and we are going to see some solutions. It's been a long time coming.
Alderman Jordan thanked Alderman Thiel for the work she has done on this project and for
working on obtaining affordable housing.
Alderman Reynolds asked how far south this property line goes. How much property is left
between this property and 151h Street? Is there going to be a commercial strip through there?
Mayor Coody: At the very south end of our property there is Comb's property. When we
designed this I'm sure the Engineering Staff will have stub outs going both south and probably
west so we could hook up some connectivity through there.
Alderman Reynolds: I wondered why they weren't going through.
Mayor Coody: Well, it's not our property but one day that will develop. •
Alderman Thiel stated I believe that is RMF -24 south of there, it's not commercial already.
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Alderman Thiel
moved to suspend the rules
and go
to the
second reading. Alderman
Jordan 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 4944 as Recorded in the Office of the City Clerk.
Cato Springs Road Properties: An ordinance repealing Section 2 of Ordinance No. 4787;
designating the remaining balance of the proceeds from the sale of the Cato Springs Road
Properties from General Fund Designated Fund Balance to Sales Tax Designated Fund Balance
to fund a portion of the construction costs of a police and court facility.
Mayor Coady: We are trying to build a new police and courts building here downtown to give
the police
some more breathing room. Basically we have a
whole police department in
17,000
• square feet
and that's about 1/3 of what they need. If we build
this building this will not
satisfy
the needs in
the long term but it will certainly satisfy our
needs for the near term and
this is
something
that will help the police department and the courts
and the prosecutor because they are
busting the
seams down there. We need to find funding from
different sources.
City Attorney Kit Williams read the ordinance.
Alderman Jordan suggested that someone talk about the two options that were discussed on
Saturday during a strategic planning meeting.
Mayor Coady: I want to make an amendment on the Wilson Springs property 1 think that
everyone can live with.
Susan Thomas explained the two options that were discussed at the strategic planning meeting.
She stated we are looking at a total construction cost estimate of $8.8 million; a detail of that
estimate was requested and was placed in your boxes yesterday. One option pulls together $5.5
million in existing assets with the city to be allocated toward the police facility. Option two pulls
together $4.3 million leaving different amounts to be financed with Amendment 78 bonds. The
differences in the money being pulled together and allocated to this project; option one for
Wilson Springs uses all of the remaining funds from Wilson Springs $2.3 million versus option
two; leaving part of that amount in there for economic development and only pulls $1.1 million
• of that out. Both options are the same. There forward approximately $900,000.00 of Cato
Springs money, the money expected from the sale of the Tyson property and the industrial parcel
that you dealt with this evening, police impact fees, and part of the 2007 Highway 265 CIP
allocation.
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Mayor Coody: On the Highway 265 allocation what we did before the bond issue was put to
the public, we budgeted some money and because we had obligated ourselves to pay about $7.7
million our match of the state funds of the $15.4 million job we were going to start building our
nest egg where we could match the states need because we didn't know if the bond issue would
pass. Once the bond issue passed, in that bond issue was funding to make that match. Since we
had that match made that freed up this money we were saving to do this and other deeply needed
infrastructure improvements and facilities for the city.
Alderman
Jordan: So you're
telling me the money we set aside
for Highway 265 for road
projects
is
going to be just
put
in
the capital?
Mayor Coody: Some yes, but not all of it. We are setting $2 million aside.
Susan Thomas: $2.1 million. In the 2007 CIP for Highway 265 for the bond project.
Alderman Jordan: But that was set aside for street projects correct?
Mayor Coody: Highway 265 in particular.
Susan Thomas: It was set aside in the event that the Transportation Improvement bond did not
pass. It was set aside to have money available for 265 improvements.
Alderman Jordan: Isn't that some of that maintenance of roads made that we collect every •
year?
Paul Becker, Finance and Internal Services Director: Next week we are going to go over the
budget and the proposed allocation. What this would include is a portion of this would go
toward a police judicial facility and the remainder we would push forth for needed programs
such as the street outlay program.
Mayor Coody: You've put two increases in the street overlay program lately haven't you?
Paul Becker: Right, and at the last meeting of the Street Committee we discussed the need and I
was asked to look at that situation of "fully funding what they would need in the street overlay
program which we did.
Alderman Jordan: But that's keeping it in the street program.
Paul Becker: That's correct. We will have in excess of $2 million for the street overlay
program in the proposed budget.
Alderman Lucas: How much have we put back for Highway 265?
Paul Becker: We had allocated $2.1 million. We are talking about using a million for the
police facility and we are talking about taking $1.6 million and programming it into the street •
overlay program.
Alderman Ferrell: When we talked about this Saturday was this Highway 265?
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Susan Thomas: The document that you were given on Saturday was not changed. It was listed
as an item on that and it was reported when I read it in the same manner that I just read it to you.
Alderman Jordan: I just didn't catch it.
Alderman Reynolds: We are going to have our matching money in the pot for the 265 project?
Mayor Coody: That was approved in the Bond Issue, yes.
Alderman Reynolds stated we have all met numerous times to try to find money for this facility
and we have asked Paul to dig into it to come up with enough to get the architect and get this
building started and that's where we are now. Lioneld, this project 265 is not going to be
affected by a fund.
Alderman Jordan: I understand that Alderman Reynolds, but I don't want to start taking all the
street money. I don't want us to get in a situation where we start taking money from the street
program to put in capital projects because that is set up for our street program. I want to go on
the record that I am not crazy about doing this kind of stuff and moving stuff around like that.
What happens if we get in trouble again, do we just shift more money from the street program.
That was set aside for maintenance for roads for this city. When we took it out we said okay we
are going to invest our money in 265. That was actually maintenance dollars for our road
program and now part of that is being moved somewhere else.
• Mayor Coody: First of all let me say we're not in trouble here. We are just trying to make this
work to where we can build a new police facility. This was all gone over clearly Saturday and
this is no surprise from what was discussed last weekend.
Alderman Jordan: Well I just didn't catch it but I'm not crazy about doing it now that I know.
Mayor Coody asked Susan Thomas if this was the same memo that she sent out earlier.
Susan Thomas stated there was only one memo.
Mayor Coody: But this was in the memo that went out before the Saturday meeting or did we
just hand it out Saturday.
Susan Thomas:
No this was
just a discussion page
for
Saturday's discussion
that we went
through. Also, the
Amendment
78 short term financing
that
we do, whether it's the
option one or
two or some other option, that service payment will have to be made out of the CIP so this is not
the only reallocation of CIP dollars that you will be looking at to fund this project. There will be
several, you are looking at $750,000.00 up to $1 million or if you decide to do even more than
that, that service will have to be reallocated out of the 2008-2012 CIP. I understand that this
might make people uncomfortable when we have to look at that document and reallocate that
large amount of money but it's not only the 265 project that will have to be reallocated. There
• will be other debt service payments that will be met out of that same CIP.
Mayor Coody: But the CIP covers more than just roads, it covers a broad range of things that
we do. We wouldn't be canceling all of our CIP projects for this.
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Susan Thomas: It's a matter of prioritizing and I think that what we need to keep in mind is that
this is a financing plan for a project that will come together in a more solid fashion next year
when it's time to actually go out and do the financing for it. I know there have been some
concerns about taking the economic development money out of the Wilson Springs account or
any of it out. On the basis that we have a firm come in here that we want to incentivise to land in
Fayetteville and if that comes up before you make your financing decision and perhaps you
rework the resolution and put it back into an economic development fund. Your hands are not
tied; you have to make the decision on priorities. I think you all are very much in favor of
building this building.
Mayor Coody: But we still have $2.1 million in the overlay program.
Alderman Jordan: So we're still going to be able to pave the 19 miles of roads that we are
talking about.
Mayor Coody: 20 miles.
Paul Becker: 2008 would be a time where we would normally look back at this capital program
and do an entire reallocation.
Alderman Jordan: So we can look at it again.
A discussion followed on where some of the proceeds were coming from and how much was •
being allocated.
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.
Alderman Reynolds moved to suspend the rules and go to the third and final reading.
Alderman Thiel seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Ferrell stated this is an ordinance and sequentially we have this ordinance and we
have some resolutions coming up which are all geared at taking care of the funding to build the
police and courts building.
Mayor Coody explained that the Cato Springs money was a $2 million piece of property that our
old Water and Sewer building was on. We sold it to Bio Based for $1 million making a
contribution for economic development for the City of Fayetteville to bring that company to
town. We are about to talk some more about that in just a minute.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed •
unanimously.
Ordinance 4945 as Recorded in the Office of the City Clerk.
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• Wilson Springs Property: A resolution transferring the remaining balance of the proceeds from
the sale of the Wilson Springs Property from General Fund Designated Fund Balance to the
Sales Tax Designated Fund Balance to fund a portion of the construction costs of a police and
court facility.
Mayor Coody asked if the City Council would make the amendment instead of saying resolution
transferring the remaining balance that it read "a resolution transferring $1.1 million of the
proceeds" and that would leave $1.2 million in that fund that we could earmark for economic
development.
Alderman Ferrell moved to amend the resolution to state "a resolution transferring $1.1
million. Alderman Jordan seconded the motion. Upon roll the motion to amend passed
unanimously.
Alderman
Ferrell: We had an
ordinance and resolution tied together
sequentially to fund this.
We talked
about holding back some money for economic development
but the commitment was
made that
if we have a project
come along we would make funds available to go toward the
project
if it
was a good fit to the
City etc. So I just wanted to make that
clear.
Steve Rust, Economic Development thanked the Mayor and the City Council for setting aside
that economic development money. He stated that it would be an excellent opportunity in the
• near future to leverage that money and land a big project.
Alderman Jordan moved to approve the resolution. Alderman Reynolds seconded the
motion. Upon roll call the resolution passed unanimously.
Resolution 184-06 as Recorded in the Office of the City Clerk.
South Industrial Park and the Tyson Site: A resolution directing the proceeds from any future
sale of Parcel 20W in South Industrial Park and the Tyson site to the Sales Tax Capital Fund to
fund a portion of the construction costs of a police and court facility.
Alderman Cook asked what if we sell this land above and beyond the $1.1 million that we have
listed here. Can anything above that go back to the street money that we borrowed?
Mayor Coody: That is up fo the City Council.
Alderman Jordan: I just want to be sure that the same kind of commitment for the overlay
program is there as we have for our economic development because that's important too. I want
that kind of commitment from this Council that they will be as committed to this street overlay
program.
• Mayor Coody: I would say the City Council and Administration has showed remarkable
support for the street program.
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Alderman Jordan: I recognize that. It's just that we made a commitment on the Street •
Committee that we would continue so we don't get behind and that is why I have been so
guarded with this and I do apologize.
Alderman Thiel: Why don't we make an amendment to this that it is a resolution directing $1.1
million from a portion of the future sale?
Alderman Thiel moved to amend the resolution to state $1.1 million from the proceeds of
the sale. Alderman Cook seconded the motion. Upon roll call the motion to amend passed
unanimously.
Alderman Thiel moved to approve the resolution. Alderman Cook seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 185-06 as Recorded in the Office of the City Clerk.
Wilson Estes Police Architects: A resolution to approve a contract in the amount of
$458,661 with Wilson Estes Police Architects, plus up to $30,000 for reimbursable expenses and
to approve a budget adjustment of $100,000.
Susan Thomas stated
that the committee did excellent work
and they worked very
diligently to
do what is in the best
interest of the City. Just a reminder
that when you did the
space needs
study you did sign a contract with Wilson Estes for the entire
project.
•
She went on to give a description of the building and the space needs of the departments.
Alderman Jordan moved to approve the resolution. Alderman Reynolds seconded the
motion. Upon roll call the resolution passed unanimously.
Resolution 186-06 as Recorded in the Office of the City Clerk.
GCM Building Lease: A resolution to approve a thirty month lease with GCM, LLC for about
3,200 square feet within the GCM Building for $45,250 the first year and an estimated total cost
of $114,825.
City Attorney Kit Williams handed out a new resolution that more accurately reflects what the
lease actually said.
Mayor Coody read the resolution.
City Attorney Kit Williams: This lease has been signed by GCM. Bryant from the City
Prosecutors Office who is going to be occupying this space and he helped draft the lease and get
it signed so he might want to answer any questions that you all might have about the use of this
building by the City Prosecutor. He is here to testify about the crowded conditions of the City •
Prosecutors office.
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• Alderman Reynolds moved to amend the resolution Alderman Jordan seconded the
motion. Upon roll call the motion to amend passed unanimously.
Alderman Ferrell: Kit, it says about 3200 square feet, what do you mean?
Coy Hurd,
Building Services
and Project
Manager: We had
talked about 3200 square feet and
there were a couple of offices
down at the
end of the hall and I
said why don't you throw those in
as well and
he said okay, we'll
call it 3200.
It's actually 3200
plus.
Alderman Ferrell: But the money we are talking about is definitely that amount of money.
Coy Hurd, Building Services and Project Manager: Yes.
Alderman Jordan moved to approve the resolution. Alderman Cook seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 187-06 as Recorded in the Office of the City Clerk.
Mayes Lot Split Appeal: An appeal of the Planning Commission's decision to deny a lot split
for Mayes located at 445 N. Canvas Road.
Jeremy Pate gave a brief description of the item. He stated staff and the Planning Commission
did not recommend approval of this lot split finding it was not particular in size in which it's
being subdivided. I did not meet our UDC requirements and was not compatible with the lots
immediately adjacent. '
Robert Brigg, speaking on behalf of David and Julie Toothaker who own the property
immediately to the west of the proposed lot split expressed his views and spoke against the lot
split. He stated the lot split is incompatible in size and shape with the adjoining land owners. He
suggested that any lot proposal that violates those protective covenants is inconsistent with the
land use within the subdivision as the owners expected it to be when they purchased their
property.
Alderman Reynolds asked why Mr. Toothaker's name is not on the petition.
Linda Mayes, the applicant stated my husband and I are asking for a tandem lot split on our
property. She discussed their plans for the property and clarified any existing confusions. She
pointed out on the map the area that is being discussed and she thanked the City Council for
coming and touring their property and for making the right decision.
Mayor Coody asked Jeremy Pate are we seeing something different than what the Planning
Commission saw?
Jeremy Pate: The Subdivision Committee saw a tandem lot and the Planning Commission saw
a flagged lot but as noted in the conditions of approval both were discussed. The two site plans
proposed by the applicant which the Planning Commission had both site plans in front of them,
they had either option.
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David Toothaker, neighbor of the property: You asked why I have not signed that petition. I •
am not against development on Canvas Mountain. I wish this lot were a different shape. My
wife and I did not feel like that this one lot split should preclude our neighbors who may have a
very valuable and viable lot to split from this. My opposition here tonight is about the impact of
the further reduction of ground cover and surface soil, the roofline, the foundations, sidewalks,
etc. If the grade wasn't so steep I wouldn't be standing in front of you with a drainage concern
and that is specifically the thing I wanted to bring back to your attention tonight. The comments
you will hear from the opposing land owners tonight are about protecting our neighborhood, not
our property.
Mr. Carfagno, property owner to the north of the property expressed his concerns with the lot
split. He stated this would be a lot behind a lot and there are no lots behind a lot in Canvas
Mountain Subdivision. He stated we don't want to lessen our value of our property by having
them split the property in half and most of us are here to oppose the lot splits across the top.
Tomas Jandic, neighbor on the southern side of the property stated he was opposed to the lot
split. He stated the reason is the subdivision offers privacy and I don't want to see a lot split.
Gary Wiles, a neighbor spoke against the lot split and stated that he was opposed because of the
privacy they currently have in the subdivision.
Ruston
Cole,
resident of
Canvas Mountain
Neighborhood
spoke in
favor of the lot split. He
stated I
see no
reason why
the request should
be denied.
lot behind
•
Bryan Bunch, the surveyor on this project stated all the lots in the subdivision are different. He
stated a lot split has already been done once in the subdivision and it would seem unfair to not
allow Ms. Mayes to do it. He asked the City Council to take that into consideration.
Alderman Reynolds asked Bryan to show them the lot that is already split on the map.
Bryan Bunch pointed out the location on the map.
A discussion followed on tandem lots located within the subdivision and where the drainage
issue was located.
An unknown
citizen stated that
on lot 41 it
may have
been a tandem lot but it has access off of
Wyman Road
and that is how
that home was built.
It is not like this one where there is a
driveway going
up an alley way
to get to the
lot behind
it.
Linda Mayes clarified any confusion regarding the tandem lot on lot 4.
Jeremy Pate stated it looks like those lots were platted when the subdivision was platted with a
few tandem lots. We discussed several lot splits at Planning Commission too. Most of those that
we could find were never approved so they were illegally split through the County. I have not
researched Lot 4 specifically but I have not found any. records of the Fayetteville Planning
Commission approving any other lot splits in the subdivision thus far.
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• Alderman Ferrell: The POA allows for lot splits and there are other tandem lots. We received
letters from people who are both for and against it. I have received more and more emails over
the last couple of days from people that are pro on this. After visiting out there and seeing the
slope and the drainage, I think there has been some remediation action taken down there. Also at
the bottom of the hill the Mayes left a buffer strip of trees along there, in addition the hillside is
thick with grass vegetation. I've looked at both sides and I think the POA allows it and I would
move that we approve it.
Alderman Cook: 1 am going to go with Planning Commission and staff on this mainly because
1 don't like tandem lots because it creates very messy situations when it comes to access to these
lots. Currently there is no right of way access to the back of this lot. There is a 30 foot utility
easement there but no right of way access. So that will have to come back and be requested for
later on to get access there. You can look at this map throughout here and there are all kinds of
crazy easements to get to these lots that have been divided and if we approve this we are just
continuing that.
Alderman Rhoads asked
Kit
what is
it
that we are to make our decision on. What are the
standards of the guidelines
that
we have
to
make our decision on?
City Attorney Kit Williams: I think I would really defer to Jeremy on that.
Jeremy Pate read the restrictions listed in the Unified Development Code. He stated what we
• look at is do the lots proposed meet the minimum standards. If it does not the applicant has the
right to ask for a waiver of those standards from the Planning Commission. The Planning
Commission decided not to waive those standards and obviously that appeal has been brought to
you for you to decide if it is an appropriate subdivision of land.
Alderman Ferrell asked Jeremy what were the common conditions.
Jeremy Pate: There are eight standard conditions should the lot split be approved.
He read the eight conditions. He stated we provided two site plans that the Planning
Commission looked at. You actually only have one in front of you. The applicant is requesting
a tandem lot with zero frontage. The waiver request would be a waiver of the minimum lot
frontage which is 75 feet.
Alderman Ferrell moved to approve the appeal with the described conditions. Alderman
Reynolds seconded the motion. Upon roll call the motion passed 6-1. Alderman Cook
voting no.
Resolution 188-06 as Recorded in the Office of the City Clerk.
Emerald Point ADM 06-2282 Appeal: An appeal of the Planning Commission's decision
regarding ADM 06-2282 (Emerald Point).
• Jeremy Pate gave a brief description of the appeal. He stated in response to some drainage
concerns that were created by property to the north additional detention was required for this
property. That required changes to the approved preliminary plat to increase the detention
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requirements. The applicant has since petitioned for a change to the approved preliminary plat .
and is requesting to remove the middle stub out on your plats in front of you.
He described the stub outs indicated on the preliminary plat. He stated that staff did not support
the request to remove this additional stub out. The Planning Commission supported that
recommendation 6-2 to deny that request.
Ira Zakariadze, the developer and petitioner stated this is just a 10 acre piece of land on Double
Springs Road adjoining to Legacy Point Subdivision and the small mini -storage piece over there.
He stated that Fayetteville City Codes allows street block length up to 1400 feet. That means we
can build a street up to 1400 feet long without any intersections. Our main street is only 1,189
feet long and it connects with Double Springs Road. By ordinance requirements if we have this
street that long we can have no stub outs at all however, we are currently being asked to put three
stub outs which we agree and are willing to do two of them and remove one stub. I would just
like to mention that removal of this stub out would ease our problems dealing with the increased
drainage problems for this development.
Alderman Thiel:
I noticed that you
have lot 36
and 37 that actually
face Integrity Way. If that
is done away with
that is just going to
be one big
lot so you are going
to lose a lot there.
Ira Zakariadze:
.1 am only
losing one lot.
With the amount of water that comes from the mini -
storage property,
I am going
to lose 3 or 4
lots.
Alderman Thiel: I see you have a detention area that is already taking up three lots; most .
subdivisions do have to have detention area. You are only going to lose one lot by closing off
Integrity Way. If you left Integrity Way you would have to lose that lot 34 to move your
detention over.
Ira Zakariadze: I am still hoping to have detention the size that it is now without increasing it.
Alderman Thiel: I thought the whole idea was that you had to increase your detention size and
it would have to take Integrity Way.
Ira Zakariadze: 'I'm looking at some possibility to increasing. This plan was approved four
months ago and it is still on the City Engineering table because we don't know what to do with
the increasing water flow from the mini storage property. In this case we can maintain that
detention pond as it is.
Alderman Thiel: If you can then why do away with Integrity Way?
Alderman Jordan: The thing is if you are going to leave the detention pond the same size, why
would you want to take the street out, unless you are going to enlarge the detention pond because
of the water.
Ira Zakariadze: Yes, we are going to enlarge the detention pond. •
Alderman Reynolds: Jeremy, taking Integrity Way, was that the same thing the Planning
Commission looked at or are we changing that here and taking the street away.
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• Jeremy Pate: That is the same thing.
Alderman Reynolds:
So you are going to have a large lot 36 that
is going to run deep because
you are
going to have
to do away with lot 37 because you are going
to do away with the street to
enlarge
the pond.
not heard
an update lately but he has
Ira Zakariadze: That is exactly right.
Alderman Jordan: And then we lose the connectivity running south because that road won't
be there.
Alderman Thiel: But you could extend your pond in lot 34 and keep Integrity Way.
Ira Zakariadze: We connected with south property owners under City requirements as far as
length of and the connectivity size. That is why we are asking to leave this at two stub outs and
get rid of the third one.
Alderman Cook asked Jeremy Pate if he knew how much needed to be added to the detention
pond.
Ron Petrie:
Ira is working
on that
with the
adjacent property owners to
see if those effects can
be mitigated
to be reduced.
I have
not heard
an update lately but he has
definitely been affected
• by that adjacent property owner. A huge reason why you annexed this area is in my opinion for
this type of development that occurred and they definitely redirected all the water onto Mr. Ira's
property. It was built into the County without any supervision or review by the County or the
City.
Alderman Reynolds: So did you buy the property after the mini storage or before?
Ira Zakariadze: About the same time. Of course we cannot start development until we can
somehow manage to direct his water ahead of time. This would ease our problems to eliminate
that third stub out.
Alderman Thiel questioned the logic behind the Georgia Trail stub out being so close.
Jeremy Pate stated I believe the one to the west is only there to provide frontage for those small
lots that he is subdividing.
Alderman Thiel: So it's not connectivity, that's just a driveway. It's a cul-de-sac that provides
no connectivity.
Alderman Ferrell asked Ron Petrie how much lot line is left there between his property and the
mini storage.
Ron Petrie:
They really
have no room to correct it and they directed all the water to go south.
Once it gets
on to Mr. Ira's
property it
doesn't go anywhere.
Alderman Jordan asked Jeremy Pate what is your recommendation here?
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Jeremy Pate: We are recommending the stub out for the preliminary plat that has already been
approved, stay as it is, in terms of street layout. Our concern was Mr. Zakariadze was right. It •
meets our minimum standards; you have a block length of 400-1400 feet. We also have
standards that we can't approve a subdivision that we feel would create or compound a
dangerous traffic situation. We felt it was important to have those intersections in adequate
spacing.
Ira Zakariadze: 40 something lots is 20 town homes.
Mayor Coody: But it is the number of families and cars so essentially it is 40 residential units.
Alderman Jordan: Do you think there is something you could do different?
Jeremy Pate: The only thing we have discussed in our meetings with Ira and the property
owner to the north is if the detention numbers were actually finalized we could come up with
what exactly is it that is needed for detention.
Mayor Coody: How long would it take to finalize that?
Ira Zakariadze: The mini storage owner is not cooperative at all. He is not working with us.
We are trying to get a survey done to reassess his situation. I am already punished for four or
five months.
Alderman Lucas: It seems to me that we've got two things here. I understand your situation .
with the drainage and everything and you are trying to reserve lots but you would lose one lot if
you used 34 now. Is that a possibility of enlarging the pond that way? Is the land inductive to
that? Rather than have the street be unsafe we could go ahead and then you could work it out
possibly as to how much land there would have to be for the detention pond.
Alderman Jordan: But you are not sure that the 34 lot would work.
Jeremy Pate: Until the detention and drainage is finalized and we understand what is going to
happen, that is up in the air for us to make that decision about how much land is needed.
Mayor Coody: How long will it take to get those calculations finalized?
Jeremy Pate: That is something for his engineer to provide.
Mayor Coody: Does that rely or not rely on the owner of the storage units?
Ron Petrie: It depends, if you want to use the worst case scenario that would take a day. If you
want to make assumptions on mitigation and find out the answers the gentleman to the north is
looking at taking some water to the north through the subdivision to the north. If you want to
wait to find those answers to size the pond then now you have a third party trying to get answers
so it's very hard to give a day. .
Alderman Lucas: I really don't want to eliminate Integrity way. I wish there was some way to
help him with his detention pond and drainage.
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• Mayor
Coody:
Ira, I think the
City
Council
is leaning against
letting
you take out Integrity
Way. I
think it is
in your benefit
to ask
to table
this and try hard to
get the
calculations.
Alderman Jordan: That makes sense. If we table it for a couple of weeks that gives him two
weeks to do whatever he needs to do.
Mayor Cobdy: Do you think you could expedite this and calculate the drainage?
Ira Zakariadze: Thank you for your consideration. We will try to expedite.
Alderman Reynolds: If he would look at keeping lot 36 and 37 and then taking out lot 34 to
enlarge the detention pond, that would help us and keep that street in there.
Ira Zakariadze: I'm afraid if I am not solving this problem completely I would lose several lots
there.
Alderman Jordan moved to table the appeal until the November 21, 2006 City Council
meeting. Alderman Lucas seconded the motion. Upon roll call the motion to table passed
6-0. Alderman Cook was absent during the vote.
. Sunbridge Villas R-PZD 06-2213 Appeal: An appeal of the Planning Commission's decision
regarding R-PZD 06-2213 Sunbridge Villas.
Sunbridge Villas R-PZD 06-2213: An ordinance establishing a Residential Planned Zoning
District title R-PZD 06-2213, Sunbridge Villas, located northwest of Sunbridge Drive and Villa
Blvd., Villa Mobile Home Park, containing approximately 20.92 acres; amending the official
zoning map of the City of Fayetteville; and adopting the Associated Master Development Plan.
Jeremy Pate gave a brief description of the item. He stated this PZD was not forwarded to you
because it was a split vote of 4-4 at the Planning Commission meeting and it takes five votes to
get to the City Council. Staff did recommend approval of this planned zoning district as a
preliminary plat and zoning approval. 1 would like this project left on this reading. There are
some issues we would like to work out and we will be submitting a new Exhibit "C" which is the
conditions of approval. One issue that needs to be addressed is there is a request for cart service
as opposed to dumpster service which is required for any dwelling unit over single family.
Alderman Thiel: You are not recommending cart service because of the street sizes or what?
Jeremy Pate: The ordinance just simply states that all developments other than single family
are required to have a dumpster service.
Alderman Thiel: I would really like to see that come forward because there has always been a
• move to try to have recycling in apartments and this would just be a start toward looking at ways
to do that.
City Attorney Kit Williams read the ordinance.
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Alderman Cook: Their statement of commitments mentions the City Water Department stated •
they would replace existing service lines. I did not know the City replaced any service lines.
Jeremy Pate: It is part of an on going project from our Water and Sewer Division to replace
some water lines in this area.
Mayor Coody: Are they mains and not private lines?
Ron Petrie: I believe it is the service line connection
Hugh Earnest: I believe it is a routine replacement process for that area.
Alderman Cook: I just want to make sure we are not running the main line into these lots.
When I see service line that's what I think.
This ordinance was left on the First Reading.
The following item was added to the agenda:
Komatsu Jaw Crusher: An ordinance waiving competitive bidding and approving the
purchases of a 2002 Komatsu BR380 JG -1 24x42 inch Crawler Primary Jaw Crusher and a 2002
CEC Roadrunner 5x12 Foot Deck Screen Portable Screen Plant through Ritchie Brothers •
Auctioneers up to a maximum amount of $318,000.00, and approving a budget adjustment in the
amount of $318,000.00.
Alderman Thiel moved to add the Komatsu Jaw Crusher to the agenda. Alderman Cook
seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Reynolds: I talked to the Equipment Committee members and they were not excited
about putting this on the agenda because it has not been before the Equipment Committee.
Mayor Coody: The trouble is we just found out about this two days ago and the auction is
tomorrow. So they have not had a chance to bring it to the Equipment Committee.
Terry Gulley, Transportation Manager: I heard about this Friday and we checked into the
ability for us to bid on an auction item. We can bid on this. I know it is late notice and I
apologize for that. This is a program that we had looked at initiating; we just had not done it due
to financial considerations because we were looking at full price equipment which would be in
the neighborhood of $500,000 plus.
Mr. Gulley gave the Council a brief explanation of the equipment that will be sold at the auction
and the condition of the equipment. He stated this is time sensitive due to the auction being •
tomorrow. He stated he wanted to give the Council the opportunity to look at this and show
them the potential savings that he felt they could realize from it. He stated in the packet is
information on the cost savings of purchasing the equipment and where the funds would come
from to purchase the equipment.
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• Mayor Coody: One thing that is very interesting to me is that we can recycle concrete this way
and we will not have to landfill, haul it or dump it, we will be able to use it again.
Terry Gulley: Our waste material
now goes to OMI we have a
dump site out there that is
rapidly filling up. We
looked at this
as an environmentally way that
we could
possibly mine that
past dumped concrete
out of there
and crush it and use that material and
hopefully prevent
having to buy up to
$150,000 of
crushed material every year.
They do
this on the State
highways.
He stated he thought this was a very vital option to save us some money and offset the spending
that we do.
Alderman
Reynolds:
1 went and looked at this equipment and
I talked to the Equipment
Committee
and they are
not interested.
money back if
Mayor Coody:
So we
need to buy brand new equipment whenever we
can buy almost brand
new equipment
for less.
vast majority of our
money back if
Alderman Cook: Are we going to continue to have the volume necessary to justify spending
this kind of money for this equipment? My concern is the maintenance of the rock crusher.
. Terry Gulley: There are masses amount of concrete products at OMI that we can extract and
crush. We are going to have to find another site somewhere soon to start dumping this material
that we are digging out of ditches. This is a potential to be able to use the OMI site for several
more years. Once we crush all the rock we have we still have the option of selling the machine
and recovering a portion of our cost. It is not something that we are going to wear out quickly ,
because I anticipate building a stock pile of materials.
Mayor Coody: So we have to buy new material now.
Terry Gulley: We buy $150,000 a year.
Alderman Rhoads also asked about the maintenance issue.
David Bragg:
The maintenance cost that we estimated is in
Terry's information.
The jaws on
the crusher area
normal wear item. We can certainly get the
vast majority of our
money back if
we do not need
this in two years.
Mayor Coody: It could pay for itself the first year and a half.
Terry Gully: I am constantly looking at ways to reduce cost and there are many areas where I
can not reduce cost but this is an area where I can. We estimated our maintenance and repairs
based on another piece of equipment that we have. I feel we can easily make back the money
• that we are going to spend and then we will be looking at $150,000 per year that we will not
have to spend. Even with the maintenance cost I am looking at paying this back in five years
with a $40,000 profit at the end of the five years.
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Alderman Thiel
stated this sounds like it will
save us
money, it also sounds like we will utilize
material that we
are currently land filling and
that we
can probably make our money back in a •
few years on this
equipment. Mr. Gulley is the
expert on our staff regarding this.
Alderman Rhoads: His
rational made good sense to me.
It
would be great if we had time to
take it before the committee but if there is a timing issue to
get
this then we need to act now. We
have a fail safe that if the
equipment is not good we can get
rid
of it in the future.
Alderman Ferrell: I think it is a good idea to look at things that come to us as opportunities.
One of the things we need to learn about is a cost benefit analysis. The US military bought this
equipment and the maintenance was very high. They basically tear themselves up. Plus you are
going to need stationary people to run them. There is cost associated with this.
Alderman Lucas: Will it require more people?
Terry Gulley: No. I can't tell exactly what
it is going to require
until I run it. We will not be
running this every week.
It will be set up to where it is run in slack
periods of time. We can
crush rock in the rain.
It is an opportunity
we are trying to look
at. 1 am looking at ways to
reduce cost and this is one
that stands out to
me plus the ability to
mine waste product. Again I
apologize for the short
notice. For the last
two days David and
I have researched this fairly
extensively. Both of the
pieces of equipment
are mobile.
Mayor Coody: We talk big about recycling, we talk big about trying to do the right thing by the •
environment and we talk big about trying to save money by mining concrete out of a land fill that
we are just filling up the earth with and buying new material instead of recycling what we have.
We talk big about it but if we do not really support it we might as well quit talking about doing
the right thing with cycling or cost effectiveness. If you remove your waste from your processes
then you save money and you put that money back into your other programs. The money that we
would save would go back into the street program, the material we would gain would go back
into the street program and we would make money back on this equipment.
The staff that we have has done a marvelous job being very careful and very smart about how we
do business. We will add 10% more people but we will get 200% more work done out of it. We
will add one piece of equipment and triple our productivity. If this crew says that with this
equipment we can really do some good, I trust them; 1 trust them 100% because they have a track
record nobody else in the state can match.
So if we are serious about recycling, saving money and getting more work done for less cost then
we should support this. If they did not think this was serious or an opportunity they would not
have brought this to us tonight. They would have gone and bought brand new equipment and
gone through the Street Committee when we had plenty of time and paid another $150,000 or
$200,000, to get essentially the same piece of equipment that we could get tomorrow if the
Council approves spending up to and not to exceed the cost out lined in this request.
Terry Gully: $200,000 should buy this crusher that is as far as we would go if it is more than •
that we are gone.
A discussion followed on the equipment that is proposed to be purchased and the maintenance.
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• Alderman Cook moved to suspend the rules and go to the third and final reading.
Alderman Thiel seconded the motion. Upon roll call the motion passed unanimously.
•
n
LJ
City Attorney Kit Williams read the ordinance.
Alderman Ferrell: The Mayor told you why you should buy this. The Equipment Committee
did not recommend this. All you are hearing is the good stuff about why they want it. You are
not hearing everything. You are not hearing what a cost benefit analysis will give you.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance failed 2-4.
Alderman Thiel and Rhoads voting yes. Alderman Cook, Ferrell, Lucas and Jordan voting
no. Alderman Reynolds abstained.
The Ordinance Failed.
Meeting adjourned at 10:20 PM
Sondra Smith, City Clerk/Treasurer
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