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HomeMy WebLinkAbout2008-10-20 MinutesCity Council Street Committee Minutes October 20, 2008 Page 1 of 14 Member Aldermen Mayor Dan Coody+ le Ward 1 Position l — Brenda Thiel T��TV 1 T yWard 2 Position 2 — Nancy Allen CityAttorney Kit Williams L/Ward 3 Position 2—Robert Ferrell 1Ward 4 Position 2 - Lioneld Jordan City Clerk Sondra Smith ARKANSAS City of Fayetteville Arkansas City Council Street Committee Meeting Minutes October 20, 2008 A meeting of the Fayetteville City Council Street Committee was held on October 20, 2008 at 4:30 p.m. in Room 326 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Members Present: Alderman Lioneld Jordan, Chair; Alderwoman Nancy Allen, Alderman Robert Ferrell; Alderwoman Brenda Thiel Other Aldermen Present: Alderman Kyle Cook Staff Present: Ron Petrie; Chris Brown Chairman Lioneld Jordan called the meeting to order. 1. Approval of the minutes from the August 18, and September 4, 2008 Street Committee meetings Alderman Ferrell moved that the minutes of the Street Committee meetings held on August 18, 2008 and September 4, 2008 be approved as distributed. Alderwoman Allen seconded the motion and it passed unanimously. 2. General Update of the Transportation Bond Program Chris Brown reviewed the status of the Transportation Bond projects. He said the Washington/Willow traffic calming and the Gregg Avenue intersection projects have been completed. We are still waiting on AHTD review of the Cato Springs Road right-of-way documents. The AHTD will also do the appraisals on this project. He reminded the Committee that the AHTD is involved in this project because federal dollars are involved. We are continuing negotiations on the contract for phase 1 of the Mt. Comfort Road (intersection by I540) project. We are making progress on this and hope to bid the project in the upcoming weeks. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Street Committee Minutes October 20, 2008 Page 2 of 14 Ron Petrie said we are behind on this project because of the right-of-way issues. He added that Mr. Nelms has now agreed to go back to the previously approved concept. Staff assumes that is not a problem since the Street Committee had approved both options. In response to a question from Alderman Jordan, Ron Petrie confirmed that the right -turn -only option is the one Mr. Nelms now wants. In response to a question from Alderman Ferrell, Alderman Jordan said that is the option Farm Credit had wanted all along. Ron Petrie agreed and asked if the Committee is okay with this option. Alderman Jordan said he is fine with it. Alderwoman Allen and Alderwoman Thiel agreed. Chris Brown said we will be sending out the remaining offers for right-of-way on the rest of the Mt. Comfort project within the next couple of weeks. There is a public involvement meeting scheduled for the Fayetteville Expressway Economic Development Corridor for October 30, 2008 at the Christian Life Cathedral on Millsap Road. At this meeting the two concepts will be shown to the public. This is part of the environmental phase of this project. We are nearing the end of construction on the Zion Road project. We are finishing up some paving tie-ins, driveways and side streets today and striping should be done in the next two to three days. We are continuing to install curb and sidewalks on College Avenue. The street lights have been ordered and will be installed as soon as they arrive. Alderman Ferrell asked how long it will be before the blocking of traffic will be over on College Avenue. Ron Petrie said he believes most of the project will be completed by the end of the year and the lane blockages will be eliminated. Alderman Ferrell said with the Christmas season coming up the quicker it can be done the better to help businesses and help us on sales tax. Alderwoman Allen asked if there are any tree and landscaping plans at Lafayette & College. Ron Petrie said the design right now is for some trees around but not right in the intersection. We would have to acquire additional right-of-way if we did any actual beds around the intersection. We have an island out in the street just to the south of the intersection but there is nothing else planned other than the street trees. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Street Committee Minutes October 20, 2008 Page 3 of 14 Alderwoman Allen said she wanted to say again how important she believes this chart is so the public can know as soon as the Committee knows where we are with the bond program In response to a question from Alderman Ferrell, Ron Petrie said the island itself will only be 100 ft. long but it is 300 ft. from the intersection. In response to a question from Mayor Coody, Ron Petrie said there are no tree islands planned at intersections like Vandeventer. Upper Scull Creek Drainage Study: Presentation from McClelland Consulting Engineers of the findings and recommendations contained in the drainage study performed for the area that is roughly bounded by College Ave. to the west, Mission Blvd. to the east, Lafayette St. to the south and Prospect St. to the north. Wayne Jones with McClelland Consulting Engineers said the drainage basin covers approximately 220 acres and goes from the water tanks just south of North Street down to College Avenue, up Willow Street, Lafayette and to the top of Mt. Sequoyah and then back. There are two distinct basins — one comes down just south of the Maple/Mission intersection and the other is up in the Rebecca/Olive area. He said they looked at the hydrologic features of the entire basin. That information along with the land use plan was the basis of the study. He said they had FEMA flood study information up to the west side of College Avenue. He said they calibrated the flow model for all the channels to match the FEMA flood elevation and thus the flows that were coming through the basin at that particular point. He outlined some of the areas of study and some of the places where flooding has been an issue. Todd Beaver with McClelland Consulting Engineers reviewed the findings of the study and their recommendations to alleviate identified problems. Wayne Jones continued with the recommendations for each section of the area studied and the costs involved. He said at this time before going through preliminary design their estimate for construction is in the range of $1.6 million for the overall system. Alderwoman Thiel asked if there is a funding mechanism for this. Ron Petrie said when we began this discussion we knew the recommendations were going to be way over what we could afford. This is just the beginning of making these improvements and we still have to figure out the funding as we go along. He said we have a budget of S 150,000 a year in a drainage account which we use for these types of projects. Over the years we have accumulated $512,000. We have $440,000 in another fund which we use for most of our storm water phase 2 type requirements. Alderwoman Thiel said she understood that account was more for education. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Street Committee Minutes October 20, 2008 Page 4 of 14 Ron Petrie said we've accumulated enough in the account that we could use some of it. Although he would not recommend using all of it we might use about 50% of it. We have a commitment to Beaver Water District for use of a portion of this money. We get about $200,000 a year to put into that account. At this time these two funding sources are all we have for drainage. He said at some point the discussion of storm water utility needs to come up. In response to a question from Alderwoman Thiel, Ron Petrie said the next step is to come up with and implement phase I of the recommended fixes using the money we have. That could be $400,000 worth of improvements which would go a long way as a start. After we get started on phase 1 we would then work on how we will pay for the rest of the project. Alderwoman Allen said she would agree that the infrastructure in this area is very old and it is not going to get better, nor is the cost going down. Alderman Ferrell asked if the pipes were adequate when they were put in and have now become undersized because of the demand. Wayne Jones said he isn't sure we know when the pipes were installed. They may have been adequate at the time they were installed but probably not. Alderman Ferrell asked if there is a way to phase the work to be done so the worst areas are completed first. Ron Petrie said he thinks that is possible. He said he doesn't have nearly enough answers at this point to know which areas that would be but it would all have to be balanced out. Alderman Cook asked if there are any drainage easements in these areas. Ron Petrie said there are none that he is aware of. Alderman Jordan opened theJloor to public comment A member of the audience asked if there is any way to fix the problem that contributes to the grate on Olive Street filling up and being covered by debris. Wayne Jones said they are talking about putting in a box culvert or something all the way up to Mission to catch the water coming in there and not catching all the debris from the open channel. He said his company is available to work with Ron's staff to try to prioritize the improvements to be made. Another member of the audience said this section of Maple Street has been designated as a heritage trail and she wondered if there are funds to maintain the trail or if it is an unfunded mandate. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Street Committee Minutes October 20, 2008 Page 5 of 14 Ron Petrie said he isn't aware of any funds associated with the heritage trail. He said he would not necessarily know that answer but it is something that can be researched A third member of the audience said she lives in the area and the debris that comes down that creek is huge. She said her husband pulls out very large tree limbs to keep them from going through. In response to a question from Alderwoman Thiel, Wayne Jones said the cost for the southern portion of the project is estimated at about $412,000. He also talked about additional issues with cleaning channels and installing culverts in other areas of the study and how much each is estimated to cost. Alderman Ferrell said he believes we need to get started on this because of the problems in this area. Alderman Ferrell moved that staff develop a recommendation for the Committee regarding what money is available and the priority with which the projects should be used. Alderwoman Allen seconded the motion and itpassed unanimously. 4. Rolling Hills Drive Drainage Improvements: Discussion of options to improve the drainage on Rolling Hills Dr. at the Missouri Creek crossing near Old Missouri Rd. Ron Petrie presented a video showing the drainage problems in the area near Old Missouri Road on Rolling Hills Drive which was recorded during one of the drainage events we had this spring. Mr. Petrie said the rain that caused the problems in this video was not the heaviest rain we have had in the past three or four years. He said when Rolling Hills Drive was overlaid, they eliminated some of the curb work and there is only about two to three inches of curb left on the street so originally that was the focus of the discussion. Once staff saw this video they concluded that the problem is that when the water coming down Rolling Hills meets the solid wall of water which is Missouri Creek coming across the road, it cannot drain so it floods to the front of the house at that location and into their garage. In response to a comment from Alderman Cook, Ron Petrie said there is no storm drain from College to the creek in this neighborhood. He said the bottom line is that there is a lot of water coming down Rolling Hills but even more water coming down this creek. Staff has been looking at ways we can improve this situation. All the studies show that we need to improve the crossing under Rolling Hills Drive in order to prevent the water from the creek from getting into the street and blocking the water coming down Rolling Hills. Mr. Petrie presented two possible solutions to this situation — a 10 year storm design and a 25 year storm design. Staff recommends the 25 year plan. He said we own the property on one side of Rolling Hills but would have to obtain some right-of-way on the other side of the street to improve the inlet opening. He presented the estimated costs for both the 10 year storm design ($192,000) and for the 25 year storm design 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Street Committee Minutes October 20, 2008 Page 6 of 14 ($221,000). He said he hopes the actual cost would be much less as was the case when we did the work on Center Street. Alderman Ferrell asked if this is something we could do in-house or if we would have to go to bid for it. Ron Petrie said we would need to go to bid because of the size of the culverts. He said we are getting really good bids from the private construction companies these days and he believes we would get a good price. Alderman Ferrell said he has received calls from the citizens in this area and has gone out to see the situation. He believes we should go with the 25 year design. Alderwoman Thiel asked if this would come out of the funding discussed in the previous item. Ron Petrie said it would have to. He said if the Committee wishes to proceed with this, staff will get a real price, which he hopes will be less than what is estimated. We would then know how much money we have left to tackle the other area. Alderman Cook wondered if correcting the flow under the bridge will solve the problem of all this water. Ron Petrie said it will not completely solve the problem but from the video it was clear that once you got past the blockage, there was sufficient room in the street to handle the flow. He talked about the issues downstream from this area. Mayor Coolly asked how much work it would be to improve the streambed to carry more capacity. Ron Petrie said staff hasn't studied that far into the problem but have been taking it one issue at a time. He said just down stream from this site it does flood a pretty large swath between houses during heavy rains. He said it would be rather significant if you had the creek carrying the designed flow. It would create a pretty large man-made channel. In response to a question from Alderwoman Thiel, Ron Petrie said what we are proposing does not add to the flow or take away from it. It does prevent this area from flooding so badly. In response to a question from Alderman Ferrell, Ron Petrie said this solution may not completely keep water away from the residence that is currently being flooded but he believes it will significantly reduce the chance of flooding the garage of that residence. Alderman Jordan opened the floor for public comment. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Street Committee Minutes October 20, 2008 Page 7 of 14 James Greene said his complaint is that he has water on both sides of his house running through his yard. During the event in the video he lost five inches of top soil. This sort of flooding has happened four times this year and he wasn't sure this was an unusual year. Ron Petrie said this has been an unusual year for Fayetteville. In response to a question from Alderman Ferrell, Mr. Greene said he has lived at this location almost three years and has had this much water every year since he has lived there. In response to a question from Alderwoman Thiel, Ron Petrie said he is not aware of any complaints regarding this flooding before the Greenes purchased the property. He said it may just have been that the residents had given up complaining. Alderwoman Thiel moved that we get an estimate for staff's recommended solution to this problem. Mayor Coolly asked Mr. Petrie if the road would have to be torn up to lay the culverts in and how long it would take to get it done. Ron Petrie said we would have to tear the road out. He estimated that it would take about a month to complete. Alderman Ferrell seconded the motion to get an estimate on this project. A vote was taken and the motion passed unanimously. Alderman Cook said he just wanted to say that the storm water ordinances we now have on the books prevent a lot of this sort of problem from happening. 5. Southpass Master Street Plan Amendments: Discussion of a resolution to amend the Master Street Plan that will realign Shiloh Drive through the Southpass PZD site south to Cato Springs Road and change the designation of Cato Springs Road from a collector to a principal arterial between I-540 and Kessler Mountain Road. Ron Petrie referred the Committee to a drawing in their packet which shows the current alignment of Shiloh Drive in this area and the proposed Master Street Plan alignment. Another issue is that currently Cato Springs Road from I-540 to Kessler Mountain Road is classified as a collector street. North of this section it is classified as a principal arterial. Alderwoman Thiel clarified her understanding that all the Committee needs to do is change the designation of these streets in the Master Street Plan. She said the Committee has already agreed that eventually Shiloh Drive will go through which would benefit a lot of people. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Street Committee Minutes October 20, 2008 Page 8 of 14 Ron Petrie said this item was at one time on the bond program but was cut at the end of that process. It is in the list of projects that would be phase 2 of the bond program Alderwoman Thiel said she has no problem with realigning these streets. She asked if the reclassification of Cato Springs is being done because of the size of this development. Ron Petrie confirmed that it is because of the size of the development and the amount of traffic. He said any approval of these items should be made contingent upon approval of the Southpass development. In response to a question from Alderman Ferrell, Ron Petrie said there are two types of principal arterials. He said all principal arterials are not necessarily boulevards but a principal arterial parkway is a boulevard. He said the Council adopted the Master Street Plan which calls for specific areas to be parkways. Only the Council can change that. Alderman Ferrell asked how far down the road Ron thinks it would be before this road would need to be built if this development gets started. He said one of the big concerns of the Planning Commission was having more than one way in and out. Ron Petrie said we will be discussing this a little more in the next item. He displayed a drawing showing all the different phases — one through eighteen. Todd Jacobs reviewed the phases of the development, explaining that Shiloh Drive would be extended through the first two phases. He said two or three years was the estimation for completion of Phase 1. Ron Petrie displayed a chart with the start dates of the phases and estimated costs outlined. He said all the traffic studies we have show the Shiloh Drive extension should be done in Phase 15. That is estimated to be in the year 2027. He explained this is not necessarily the part of Shiloh within the development. Alderman Ferrell asked if the portion done after Phase 15 is the City's part. Ron Petrie said that it the case if the City agrees to build that portion of Shiloh. Alderman Jordan opened the floor for public comment. There was none. There was some discussion regarding whether to discuss this issue further tonight. Alderwoman Allen said she would rather look at the next item and then talk about this. Alderwoman Thiel suggested that these Master Street Plan amendments could be made contingent upon approval of Southpass. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Street Committee Minutes October 20, 2008 Page 9 of 14 Alderman Jordan said the main thing he wanted to do was to get a good look at what we would be discussing at the City Council. He said he just wanted to make sure the Committee is comfortable with this before we make recommendations. Alderman Ferrell said whatever recommendation is made could be contingent upon approval of Southpass. The decision was made to look at the next item and discuss the items together. 6. Southpass Street Cost Share: Discussion of a resolution expressing the willingness of the City to cost share street infrastructure costs that would be utilized by both the Southpass Development and the future Regional Park. Ron Petrie said he wanted to stress that there are two different discussions on money and it is important that everyone understand that. He said there is the discussion of the cost shares with the developer and then there is the cost for the whole thing — to build the park along with the street. He said the actual item before the Street Committee and Council is the cost share portion. He said information given to the Committee includes information regarding the whole cost as well as the cost shares. He said a lot of negotiation and meetings took place with City staff and the developer on exactly how this plan would be presented to the City Council. He reviewed a drawing showing phases of the development. On the drawing, the streets in yellow would be done at 100% City cost. Everything in purple would be a 50150 cost share. Any other street is 100% developer cost. He said we don't have the developer's costs in this discussion but it is obvious from the drawing that it will be a significant amount of money. He said two things involved in the cost share discussion are access leading up to the park and access leading up to the development. He reviewed the drawing, explaining the reasoning behind the portions that are cost shared and those that are not. He said the time frame at which the City wants to build Shiloh comes long before the time frame at which it would be built with the development. He said with all the engineering costs and contingencies we estimate $4.9 million on the streets to be cost shared. He included into this figure two of the streets that will be 100% City cost (Shiloh Drive and the one to the water tower) because he felt it was important they be included in this discussion. He said the first phase to be done in 2009 would cost $423,000. Alderman Jordan asked where we would get the money for this. Ron Petrie said this would come from the Parks fund because it is a parks project. In response to a question from Alderwoman Thiel, Ron Petrie said it is his understanding that Parks has this money in their CIP. Alison Jumper said Parks currently has $2.87 million budgeted for the CIP and if Southpass is approved, they have $1 million to be contributed by the developer for the park. She said there is $400,000 in the CIP for 2009. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Street Committee Minutes October 20, 2008 Page 10 of 14 Alderwoman Thiel asked if this money can be used for a road or if it is only for park improvement. Alison Jumper said it is her understanding that if can be used if it is part of the park development. In response to a question from Alderwoman Thiel, Alison Jumper said Parks has enough money for the first phase of the park, which will include our portion of street cost share and phase 1 of the park. Steve Aust, who works with the developers, said it is a little confusing that we don't have an overlay of the parks' phasing. What we have is the developer's phasing. He asked Ms. Jumper if all of what the developers are calling phase 1 is the same as the Parks Department's phase 1. Alison Jumper said it is not. She said it is a little confusing and was very difficult to work out Parks' phase 1 contribution versus what is happening in the development's phase 1. Ron Petrie identified on the drawings the sections of the Shiloh Drive extension that will be a part of phase 1 and a part of phase 2. He then identified the portion of street that would be cost shared with the developers in phase 6. In response to a question from Alderwoman Thiel, Ron Petrie said the City will pay for the portion of Shiloh Drive that is off-site. That will be in Phase 15. Alderwoman Thiel questioned the planning of the phases of the streets. Steve Aust said the understanding of when Shiloh would come on was discussed at the Planning Commission. They wanted to know when the City would have to spend that money. He said in the planning, development was connected with development because Cato Springs Rd. could handle all the traffic up until (or beyond) the point of Phase 15. That is when Shiloh is needed. So the developers tried to prolong the length of time that it would take before the City would have to spend the money on the road. He said the phasing of the development is more about unit types and economics than it is about the Shiloh extension. He said the primary access would be Cato Springs Rd. Alderwoman Thiel asked if the Southpass developers are doing any off-site street improvements. Ron Petrie said the City is not sharing any of the costs for the off-site improvements on Cato Springs Road. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Street Committee Minutes October 20, 2008 Page 11 of 14 Steve Aust said there will be extensive improvements on Cato Springs. At some point in the phasing Cato Springs turns into a four or five lane road up to where it connects to Razorback Road. He said the developers are also sharing in the costs of bringing the utilities out to the site. Ron Petrie said because that is not a part of the cost share and the developers are paying 100% of the cost, he doesn't have this information in the packet. However it is a part of the agenda packet for the next City Council meeting. In response to a question from Alderman Ferrell, Steve Aust said the developer's agreement is to do a traffic study every time they come to get a permit to do a large scale development. Four or five traffic lights will go on that road along with extensive widening and improvements. Whenever a traffic study comes back and says it is time to do the improvements, the developers will do them regardless of when we currently estimate the work will be done. Todd Jacobs said phase 1 does not require any improvements to Cato Springs but after that phase is completed, a new traffic study will be done and submitted to the City. Then as each phase comes to the City as a large scale development or preliminary plat a new traffic study will be done to verify that the overall traffic study numbers are still accurate. Ron Petrie said this is a concept PZD. We are not giving any development rights. Alderman Cook asked if it is possible to do a comparison of the Parks phasing with the project phasing. Alison Jumper said it is possible. Alderman Ferrell asked Ms. Jumper if Parks was expecting to be able to use the $1 million (from the developer) for the park or if they understood it was for streets. Alison Jumper said they knew how it would be used. Alderman Jordan opened the floor for public comment There was none. Ron Petrie said it is his understanding that the City Council wants a recommendation from the Street Committee. Alderwoman Thiel said she doesn't mind giving a recommendation about the changes to the Master Street Plan but she said she isn't prepared to get into the cost share. Alderman Jordan asked if the Committee wants to set another Street Committee meeting to look at this again. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Street Committee Minutes October 20, 2008 Page 12 of 14 Alderwoman Thiel said there would be opportunity for more discussion at the Council meetings. She said she believes this is too big of an issue for the Committee to make a recommendation to the Council. In response to a question from Alderman Cook, Ron Petrie said even with this approval the Council would not be making the decision about what part of the funds would come from Parks and what part would come from Streets. Nothing is set in stone but at this time the only thing staff has discussed that is not a Parks' cost would be the off-site portion of Shiloh and the street through the ten -acre tank site. Everything else is a Parks' cost as a part of the project. However, this particular item does not encumber any funds at all. Zion Road Improvements: Discussion of the final pavement markings to be placed for the designated bike lanes. Chris Brown said we are getting very close to finalizing Zion Road. One of the things that came up when staff was getting the contractor going on striping was the way to handle the striping for the bike lane. As the project was originally conceived there would be a shared outside lane for bike traffic and that is what is in the plan now. He then outlined an option staff has been discussing which includes a 5 ft. bike lane, 10.5 ft. driving lanes and a 12 ft. turning lane. He said staff is ready to proceed with either the original option or this one. Alderwoman Thiel said she much prefers the option with a designated bike lane. She believes there will be a lot of bike use in this area and she supports the second option. Alderman Ferrell asked how often the `shared outside lane' symbols would appear on the outside lane in the first option. Chris Brown said they would appear about every 300 ft. He said we try to put them fairly close to intersections so you will see the symbol quickly when you turn onto the road. Alderman Ferrell asked how it would be handled when the street tapers down (before Phase 2 of the project is done) and there isn't room for a bike lane. Chris Brown said we will have to add a sign that says "Bike Lane ends" where the designated lane ends. Ron Petrie said there should probably also be a "Share the Road" sign in addition to that. Alderman Ferrell moved that the Committee adopt the design as originally conceived with the shared bike lane. Alderman Cook said in discussions with members of the Trails Committee, the striped bike lane was preferred. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Street Committee Minutes October 20, 2008 Page 13 of 14 In response to a question from Alderman Ferrell, Chris Brown said it would cost about $2500 for the extra stripe on the 2nd option. Alderman Cook said this will be a high traffic area and it would be safer with the second option. Alderman Ferrell's motion failed for lack of a second. Alderwoman Thiel moved that the Committee approve the option which includes a designated bike lane. Alderwoman Allen seconded the motion and it passed with a vote of three to one. 8. Right -of -Way Settlement for property on Rupple Road Ron Petrie showed an aerial photo of The Links development north of the intersection of Rupple Road and Wedington Drive. He said Lindsey was to build a section of Rupple Road and the City was to acquire the right-of-way between the five -lane section of Rupple and the two properties at the northeast corner of Rupple and Wedington. He said it has taken a lot of discussion and work to get to the point of settlement with one of the owners of these two properties. A settlement agreement will come before the City Council on November 4 involving the northernmost of the two properties. He explained that the right-of-way needed for the improvements would eliminate the property owner's parking outside his security gate and make it impossible for trucks pulling loaded trailers to stop outside the security gate in order to gain entrance into the facility. We therefore are not only talking about paying the owner for the right-of-way but we are also talking about damages due to the loss of parking and access. A part of the settlement that will be coming to the City Council is that we offer the property owner access off Wedington Drive rather than off Rupple Road in order to allow his customers adequate access and parking. Mr. Petrie explained that there is an existing bill of assurance preventing this access which the Council would have to amend. We would also have to agree to pave the new access and move the gates from off Rupple to the Wedington access. This would be in addition to the payment for the right- of-way. The total City cost for this would be $92,545.00. He said we have $500,000 in an account for the Rupple Road project. Alderwoman Thiel said it isn't so much the bill of assurance that bothers her but that we would have to pay for the paving to be done on the new entrance. She thinks the bill of assurance alone should be enough. She asked the status of the property to the south of this property. Ron Petrie said the owners of that property have not signed an agreement yet. He said there have been many discussions and we have dealt with many of the issues involved with getting this agreement. He believes we are close to a settlement. Alderman Ferrell said we are affecting the business by eliminating his parking and driveway; he asked Ron if he believes this settlement is fair. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Street Committee Minutes October 20, 2008 Page 14 of 14 Ron Petrie said he does believe the offer before the Council at this time is fair. He said it is the best negotiation we can do after nine -months of discussion Alderman Ferrell moved that the Committee forward this settlement to the City Council for approval. Alderwoman Thiel seconded the motion and it passed unanimously. There being no further business, the meeting was adjourned. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org