HomeMy WebLinkAbout2004-04-20 MinutesCity Council Meeting Minutes
April 20, 2004
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Meeting Minutes
City Council Meeting
April 20, 2004
A meeting of the Fayetteville City Council was held on April 20, 2004 at 6:00 p.m. in Room 219
of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas.
PRESENT: Alderman Reynolds, Thiel, Cook, Marr, Rhoads, Davis, Lucas, Jordan, City
Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
ABSENT: Mayor Coody.
Alderman Rhoads was absent during the roll call and the Nominating Committee report.
The meeting was called to order by Vice Mayor Bob Davis.
Kit Williams: For the record the reason Vice Mayor Davis is conducting the meeting is because
Mayor Coody is in Washington D.C. at a conference. During this meeting even though you are
the chair you are entitled to all the rights of a normal Alderman so you can make and second
motions even though the Mayor can not.
Nominating Committee Report: Dusti Miller — Fayetteville Housing Authority Appointment.
Alderman Jordan moved to approve the Nominating Committee Report. Alderman
Reynolds seconded the motion. Upon roll call the motion passed 7-0. Alderman Rhoads
was absent during the vote.
CONSENT:
Approval Of The Minutes: Approval of the February 20, 2001, May 15, 2001 and April 6,
2004 meeting minutes.
Multi -Craft Contractors -Emergency Generator for City Administration Building: A
resolution approving amendment No. 3 to the contract with Multi -Craft Contractors for the
purchase and installation of an emergency generator at the City Administration Building in the
amount of $41,903.00; and approving a contingency in the amount of $2,095.00.
Resolution 55-04 as Recorded in the Office of the City Clerk
2004/2005 Drug Enforcement Grant: A resolution to accept the 2004/2005 Drug Enforcement
Grant in the amount of $305,095.00 with a commitment to match it with $75,929.00 in city
funds.
Resolution 56-04 as Recorded in the Office of the City Clerk
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April 20, 2004
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Crossland Construction Company Library CO #14: A resolution approving Change Order
#14 to the contract with Crossland Construction Company, Inc. in the amount of $78,454.00 to
install landscape irrigation, engineered soil and mulch and low voltage conduit at the New
Fayetteville Public Library.
Resolution 57-04 as Recorded in the Office of the City Clerk
Henard Utility Products -Compost Grinder: A resolution approving the purchase of a Bandit
3680 `Beast" Compost Grinder by the Solid Waste & Recycling Division from Henard Utility
Products in the amount of $239,068.75.
Resolution 58-04 as Recorded in the Office of the City Clerk
Landers Ford -Fire Department Vehicle Purchase: A resolution approving the purchase of a
Ford Expedition from Landers Ford at the state contract price of $25,811.00 for use by the
Fayetteville Fire Department; and approving an additional expenditure of $2,350.00 to equip the
vehicle with lights, siren and console.
Resolution 59-04 as Recorded in the Office of the City Clerk.
Ron Blackwell -Rater & Sewer Vehicle Purchase: A resolution approving the purchase of
two Ford F550 Trucks for the Water and Sewer Division from Ron Blackwell Ford for a total
price of $79,133.76.
Resolution 60-04 as Recorded in the Office of the City Clerk.
Schwarze Industries Street Sweeper Purchase: A resolution approving the purchase of a
Street Sweeper for the Transportation Division from Schwarze Industries in the amount of
$139,376.00.
Resolution 61-04 as Recorded in the Office of the City Clerk
Basic Construction Top Soil Purchase: A resolution to award a bid to the low bidder, Basic
Construction, Inc. in the amount of $50,000.00 to purchase top soil for street and sidewalk
proj ects.
Resolution 62-04 as Recorded in the Office of the City Clerk
2004 FEMA Fire Act Grant: A resolution to approve a grant request for a FEMA Fire Act
Grant and Agreement to match any received grant funds in an amount equal to 30% of the total
budget.
Resolution 63-04 as Recorded in the Office of the City Clerk
Gregory Park Land -Convey to U.S. Army Reserve Center: A resolution approving the
acceptance of a Quitclaim Deed for approximately 19.38 acres of land from the United States
Department of the Army in exchange for conveying a Warranty Deed for approximately 0.412
acres of land to clear title and resolve an encroachment; and authorizing the Mayor and City
Clerk to execute any and all documents required therefore.
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April 20, 2004
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Resolution 64-04 as Recorded in the Office of the City Clerk.
Alderman Marr moved to approve the Consent Agenda as read. Alderman Thiel seconded
the motion. Upon roll call the motion to approve the consent agenda passed unanimously.
OLD BUSINESS:
Central Emergency Medical Services, Inc.: A resolution approving the renewal of the contract
for services in the amount of $156,000.00 between the City of Fayetteville and Central
Emergency Medical Services, Inc. to operate and maintain an emergency ambulance service to
serve the residents of Fayetteville.
Alderman Marr: If I understand the average response time is 7 '/2 minutes, they are committing
to an average response time of 8 minutes. Is that in the contract?
Chief Bosch: We have provided a new contract to the City Clerk with the response time of 8
minutes. The National Fire Protection Association recommends a response time of not to exceed
8 minutes 90% of the time.
Alderman Marr: The only commitment we are getting is an 8 minute average. There is not a
maximum in this contract at this time. Do we have a plan to try to get to that?
Chief Bosch: Yes sir.
Hugh Earnest: Before the summer is over we will have a report to you that details a series of
options that will improve the service delivery.
Alderman Thiel moved to approve the resolution. Alderman Rhoads seconded the motion.
Upon roll call the resolution passed 6-2. Alderman Rhoads, Davis, Lucas, Jordan, Thiel
and Cook voting yes. Alderman Reynolds and Marr voting no.
Resolution 65-04 as Recorded in the Office of the City Clerk
ANX 03-5.00 (Dunnerstock Development): An ordinance confirming the annexation to the
City of Fayetteville, Arkansas of certain property owned by Dunnerstock Development, Inc.
located on Rupple Road north of Wedington Drive containing approximately 17.19 acres.
Alderman Marr moved to suspend the rules and go to the second reading. Alderman
Cook seconded. Upon roll call the motion passed unanimously.
Mr. Williams read the ordinance.
A discussion followed on widening Rupple Road and the ingress and egress to the property.
Alderman Lucas moved to suspend the rules and go to the third and final reading.
Alderman Reynolds seconded. Upon roll call the motion passed unanimously.
Mr. Williams read the ordinance.
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Alderman Cook: I am usually not in favor of annexations; the only time I would be in favor of
an annexation is to bring islands into our city limits. My frustration with this annexation is
Rupple Road. We are building these projects before we have the infrastructure for these
projects. I am for more single family housing but the additional load to this street is my concern.
Alderman Jordan: I agree with Alderman Cook. I have concerns about this street.
Jim McCord, representing the applicant: Patrick is stubbed out adjoining this property to the
west so there will be connectivity. Rupple Road will not be the only ingress and egress.
Dawn Warrick, Planning: Staff will require connectivity for this project.
A discussion followed on the project.
Alderman Marr: The Planning Commission minutes only show one citizen opposed to this
annexation and rezoning. I think it does begin to pick up islands and gets government control
that is city regulated rather than county regulated. I support it for those reasons.
Alderman Lucas: The redeeming quality is it does have other access. We do need to get these
islands annexed in.
Alderman Jordan: I do believe we need to annex in these island but we must address the
infrastructure of this city, this can not go on forever.
Alderman Cook: When are we going to actually adopt the traffic study?
Tim Conklin, Planning: The traffic study was accepted by the City Council in December and
we are working on some of the intersections that were identified. We are working on those
proj ects.
A discussion followed on the traffic study and the information on upgrading city streets that will
be brought to the Council in the near future.
Vice Mayor Davis asked shall the ordinance pass. Upon roll call the ordinance passed 7-1.
Alderman Rhoads, Davis, Lucas, Jordan, Reynolds, Thiel and Marr voting yes. Alderman
Cook voting no.
Ordinance 4555 as Recorded in the Office of the City Clerk
RZN 03-33.00 (Dunnerstock): An ordinance rezoning that property described in rezoning
petition RZN 03-33.00 as submitted by James McCord on behalf of Dunnerstock Development,
Inc. for property located on Rupple Road north of Wedington Drive from R -A, Residential
Agricultural to RSF-4, Residential Single Family, four units per acre.
Alderman Thiel moved to suspend the rules and go to the second reading. Alderman Lucas
seconded. Upon roll call the motion passed unanimously.
Mr. Williams read the ordinance.
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A discussion followed on the type of zoning.
Alderman Marr moved to suspend the rules and go to the third and final reading.
Alderman Lucas seconded. Upon roll call the motion passed unanimously.
Mr. Williams read the ordinance.
Vice Mayor Davis asked shall the ordinance pass. Upon roll call the ordinance passed 6-2.
Alderman Rhoads, Davis, Lucas, Reynolds, Thiel and Marr voting yes. Alderman Jordan
and Cook voting no.
Ordinance 4556 as Recorded in the Office of the City Clerk
ANX 03-06.00 (Hoskins/Schlegel): An ordinance confirming the annexation to the City of
Fayetteville, Arkansas of certain property located north of the proposed Crystal Springs Phase III
Subdivision, west of Deane Solomon Road and south of Salem Road containing approximately
72.50 acres.
Alderman Lucas moved to suspend the rules and go to the second reading. Alderman
Marr seconded. Upon roll call the motion passed unanimously.
Mr. Williams read the ordinance.
Alderman Thiel: This project concerns me because of the report from our police department
regarding the access into this project. I am also concerned about the frontage.
Alderman Jordan: Are there possible wetlands on the site.
Dawn Warrick: I do not know if a study has been done with regards to that.
Mel Milholland, Milholland Engineering: A study has been made and to my knowledge no
objection has been made to the site.
Alderman Jordan: Chief Bosch you said the response time was 5 minutes and 42 seconds.
How would you rate that?
Chief Bosch: That is about average, it is pretty good. We do have a concern about the access
into that area.
Alderman Jordan: Mr. Boettcher, what lift station will be handling this project?
Mr. Boettcher: Crystal Springs.
Alderman Jordan: Is the capacity good there.
Mr. Boettcher: We have reserve capacity in Crystal Springs. Once they develop their final
loading projections we will be evaluating that and confirming that there is capacity to handle it.
If there is a need to upgrade the station that will be included. In terms of long term there is an
interceptor sewer that will come down through that area and this will ultimately connect to it.
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April 20, 2004
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Dawn Warrick: The preliminary report from KIN indicates that lift station has capacity for 670
units; the maximum density for this development is 290 units.
Alderman Jordan: How many trips a day is this development going to add to the road?
Dawn Warrick: An average single family home generates between 9 and 10 vehicle trips per
day.
A discussion followed on access to the development by the fire department, the traffic danger
that might be created by the development and the improvements to Rupple Road. There was also
a discussion on the undeveloped land in Fayetteville.
Alderman Marr: Do we have a justified need to annex these 72 acres?
Tim Conklin: The location of this in relationship to the infrastructure in the area and the
potential and existing growth that is occurring in this area, it is my opinion that it would be better
to have this inside the City of Fayetteville versus having it outside the City of Fayetteville where
there is very limited control by the City of Fayetteville. This is an area that is growing and
should be developed to city standards.
Alderman Davis: What you said makes sense; this is adjacent to the property that we sold to
Collins Haynes who is installing an upscale development. If we are having a high end
development beside this property, I think we need to have this property inside the city so we will
have something looking nice in this area. Planning Commission has approved this 9-0.
Alderman Marr: How do we justify the need and are we bringing more in than we will be able
to handle and be able to finance?
Hugh Earnest: We do need to provide a map showing the undeveloped land in the City of
Fayetteville. It does not mean that land is subject to development.
Tracy Hoskins, the owner asked that this be approved. He stated this will be an upscale
development.
A discussion followed on this project, the roads in this area, the access to the property and how
the funds will be obtained to improve the infrastructure.
Alderman Jordan voiced his concern about the roads around this project.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Lucas seconded. Upon roll call the motion passed unanimously.
Mr. Williams read the ordinance.
Alderman Marr: It looks like we are fairly split on this ordinance. If this is a tie it is a denial,
is that correct?
Kit Williams: In order to pass an ordinance or a resolution it requires five affirmative votes.
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Alderman Marr: We may want to table this until our Mayor is back.
Tracy Hoskins explained the project to the Council.
Mel Milholland: What happens if this is a tie tonight?
Kit Williams: A 4 to 4 vote would not pass the ordinance, the ordinance would fail.
Tim Conklin: There is a one year waiting period before they could bring this back before us.
Alderman Marr moved to table the ordinance. Alderman Davis seconded the motion.
Upon roll call the motion to table passed 7-1. Alderman Davis, Lucas, Jordan, Reynolds,
Thiel, Cook and Marr voting yes. Alderman Rhoads voting no.
RZN 03-34.00 (Hoskins/Schlegel): An ordinance rezoning that property described in rezoning
petition RZN 03-34.00 as submitted by Milholland Company on behalf of Tracy Hoskins for
property located north of the proposed Crystal Springs Phase III Subdivision, west of Deane
Solomon Road and south of Salem Road containing approximately 72.50 acres from R -A,
Residential Agricultural to RSF-4, Residential Single Family, four units per acre.
Alderman Marr moved to suspend the rules and go to the second reading. Alderman
Jordan seconded. Upon roll call the motion passed unanimously.
Mr. Williams read the ordinance.
This Ordinance was Left on the Second Reading.
RZN 04-2.00 (Chance & Tuggle): An ordinance rezoning that property described in rezoning
petition RZN 04-02.00 as submitted by Geoff Bates of Keystone Consultants on behalf of David
Chance and John Tuggle for property located at West Tackett and Genevieve Avenue containing
approximately 7.94 acres from R -A, Residential Agricultural to RSF-4, Residential Single
Family, four units per acre.
Alderman Jordan moved to suspend the rules and go to the second reading. Alderman
Cook seconded. Upon roll call the motion passed unanimously.
Mr. Williams read the ordinance.
Alderman Thiel and Alderman Lucas wanted to know if improvements will be made to the
adjoining streets.
Tim Conklin: This is not part of our CIP. No major road widening improvements are planned.
Alderman Lucas: How wide is 54th street?
Jeff Bates the engineer for the developer: 22 to 24 feet. We have changed our zoning three
different times, we have met with the adjoining property owners and staff. We received
unanimous approval from the Planning Commission and we have had not public comments since
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we changed the zoning. We would like to ask the Council to approve this. This project will be
25 single family homes.
Alderman Davis moved to suspend the rules and go to the third and final reading.
Alderman Lucas seconded. Upon roll call the motion passed unanimously.
Mr. Williams read the ordinance.
Alderman Jordan: Asked Chief Bosch how he would rate the road for emergency vehicles.
Chief Bosch: I would say that compared to other roads in that area it is average.
Alderman Jordan: If you met a car on that road you could pass.
Chief Bosch: Yes sir.
Alderman Cook: You were asking about the width of the road, in the Planning minutes it sates
16 feet at the narrowest part and 30 feet at the bridge. It goes back to 18 feet up to Highway 16.
Vice Mayor Davis asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 4557 as Recorded in the Office of the City Clerk
NEW BUSINESS:
Northwest Arkansas Regional Planning Commission Storm Water Education Contract:
An ordinance to waive competitive bidding and to approve a five year contract for $239,000.00
with the Northwest Arkansas Regional Planning Commission for services by the University of
Arkansas Cooperative Extension Service to satisfy portions of the requirements of the NPDES
Phase II Stormwater Permit.
Mr. Williams read the ordinance.
Alderman Thiel: The Environmental Concerns Committee reviewed this and they were very
supportive of this.
Alderman Marr: I want to thank the staff for seeking regional solutions that save the city
money.
Alderman Thiel: We should thank the Northwest Arkansas Regional Planning Commission.
They took this on as a project. I think it is a very good reason why the City of Fayetteville
should remain a member of that organization. They do a great many good things for the area.
Alderman Marr moved to suspend the rules and go to the second reading. Alderman
Jordan seconded. Upon roll call the motion passed unanimously.
Mr. Williams read the ordinance.
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April 20, 2004
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Alderman Reynolds moved to suspend the rules and go to the third and final reading.
Alderman Jordan seconded. Upon roll call the motion passed unanimously.
Mr. Williams read the ordinance.
Vice Mayor Davis asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 4558 as Recorded in the Office of the City Clerk
R-PZD 04-4.00: Residential Planned Zoning District (Stonewood Gardens): An ordinance
establishing a Residential Planned Zoning District titled R-PZD 04-4.00 located south of
Albright Road and north of the Stonewood Subdivision containing 3.36 acres more or less;
amending the official Zoning Map of the City of Fayetteville; and adopting the Associated
Residential Development Plan as approved by the Planning Commission.
Mr. Williams read the ordinance.
Alderman Davis moved to suspend the rules and go to the second reading. Alderman
Reynolds seconded. Upon roll call the motion passed unanimously.
Mr. Williams read the ordinance.
Alderman Davis: This will be a gated community, if this passes this evening will more of these
be occurring in the City of Fayetteville in the future?
Tim Conklin: Our General Plan recommends that we avoid putting gates on communities. We
typically discourage the use of gates where there is connectivity. With existing development on
the sides of this project we were not allowed to do that. In the past if it had connectivity we did
not allow gates.
Alderman Davis: Chief Bosch, in this particular gated community they are talking about having
a key and lock box, is that a problem.
Chief Bosch: That would work for us.
Alderman Reynolds: Would that be shared with the police.
Chief Bosch: Yes, we could do that.
Alderman Rhoads: Does that add to the response time?
Chief Bosch: It may add some, maybe 30 seconds.
Alderman Marr: If it is in our plan to not have gated communities and this was recommended
by staff, why did you depart from the plan?
Tim Conklin: We currently do not have an ordinance that prohibits gated communities. It is a
policy in our General Plan, but we do not have an ordinance. It would be better to not have this
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gate because in the future it could cause issues between staff and developers. This project does
not have connectivity so it is difficult to not let them have a gate.
Alderman Davis: The only ingress and egress is off 265. This project is surrounded on three
sides.
A discussion followed on the single family home on the property.
David Gilbert with Jorgenson and Associates representing the developer: This project is
such a small tract of land, the existing home will stay in place. With the development to the
south there is no connectivity to the south, there is no connectivity to the north. We do not
believe there is a significant benefit to the City of Fayetteville to have a through street on this
tract.
Alderman Jordan: What are the benefits to having a gated community.
David Gilbert: The development as a whole was developed by the developer with some definite
points in mind. He wants to create something more upscale, we are trying to do something that
will present a positive image as people enter Fayetteville. The wall across the front is for noise
reduction. Gated communities are very common in large parts of the country, they convey to
people a sense of security. This will be single family homes only.
Mr. Gilbert continued to explain the project to the Council.
Alderman Marr: I like everything about this but the fact that it is gated.
Mr. Gilbert explained the reason they wanted to install the gates. He commended the staff for
their help on this project.
This Ordinance was Left on the Second Reading.
VAC 04-3.00: Vacation (Sohraby): An ordinance approving VAC 04-3.00 to vacate and
abandon a portion of an existing utility easement to allow for the eave of an existing home at
2474 Fennchurch Way in the Covington Park Phase I Subdivision as described on the attached
map and legal description.
Mr. Williams read the ordinance.
Alderman Reynolds moved to suspend the rules and go to the second reading. Alderman
Jordan seconded. Upon roll call the motion passed unanimously.
Mr. Williams read the ordinance.
Alderman Thiel: I hope we can avoid these in the future.
Alderman Marr moved to suspend the rules and go to the third and final reading.
Alderman Lucas seconded. Upon roll call the motion passed unanimously.
Mr. Williams read the ordinance.
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Vice Mayor Davis asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 4559 as Recorded in the Office of the City Clerk
VAC 04-8.00: Vacation (CMN II, Phase II): An ordinance approving VAC 04-8.00 to vacate
and abandon a 20' utility easement located along the boundary of lots 17E and 17F of the CMN
Business Park II, Phase II as depicted on the attached legal description.
Mr. Williams read the ordinance.
Alderman Jordan moved to suspend the rules and go to the second reading. Alderman
Cook seconded. Upon roll call the motion passed unanimously.
Mr. Williams read the ordinance.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Cook seconded. Upon roll call the motion passed unanimously.
Mr. Williams read the ordinance.
Alderman Marr: Did the Planning Commission vote on this on April 12a' and did they
recommend this?
Dawn Warrick: The Planning Commission approved this unanimously on April 121h
Vice Mayor Davis asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 4560 as Recorded in the Office of the City Clerk
Library Project Contingency Increase: A resolution to increase the project contingency for
the Fayetteville Public Library construction by $999,691.00 from settlement and budgeted items.
Michael Thomas, Vice President of the Library Board of Trustees: We ask that you approve
this resolution. The library project continues to remain on budget.
Alderman Cook: Would staff people explain this, I have had some calls from people thinking
we are adding more money to the project.
Louise Shaper, Library Director: This is a reapportion of funds.
Steve Davis, Finance and Internal Services Director: This wilt provide the library staff the
opportunity to finish the project by going through the public bid process but signage of the
contracts will be completed without having to come back to the City Council before ordering the
materials. This will save them approximately three to five weeks.
Alderman Marr: This is money that was in the overall project budget.
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Steve Davis: The overall project budget remains the same with the exception of the $105,000
settlement that the City Council accepted with Grubs Hoskins.
Alderman Davis: We have a list of the items these funds will be used for.
Alderman Jordan moved to approve the resolution. Alderman Lucas seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 66-04 as Recorded in the Office of the City Clerk
Sewer Committee: An ordinance to enact a new section of the Fayetteville Code, §33.112
Sewer Committee.
Mr. Williams read the ordinance.
Kit Williams: I brought this forward to make sure we are in compliance with the state law.
This is not a change in the way the City Council has done business since 1992, when we
established a Water and Sewer Committee. I could not find any ordinance that created the Sewer
Committee, state law says you shall create one.
Alderman Thiel: Why does this have to be a separate committee?
Kit Williams: The statues state it will be called the Sewer or the Wastewater Committee. I
think we should also give the committee advisory authority over our clean water system. This is
not changing their authority it is just making sure we are in complete compliance with the state
law.
Alderman Marr moved to suspend the rules and go to the second reading. Alderman
Jordan seconded. Upon roll call the motion passed unanimously.
Mr. Williams read the ordinance.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Lucas seconded. Upon roll call the motion passed unanimously.
Mr. Williams read the ordinance.
Vice Mayor Davis asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 4561 as Recorded in the Office of the City Clerk
Meeting Adjourned at 8:25 p.m.
Sondra Smith
City Clerk