HomeMy WebLinkAbout2005-10-25 MinutesMayor Dan Coody
City Attomey Kit Williams
City Clerk Sondra Smith
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City Council Water & Sewer Meeting Minutes
October 25, 2005
Page 1 of 9
Member Aldermen
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ARKANSAS
City of Fayetteville Arkansas
City Council Street Committee
Meeting Minutes
October 25, 2005
Ward 1 Position 1 - Robert Reynolds
Ward 2 Position 1 - Kyle B. Cook
Ward 3 Position 2 — Robert Ferrell
Ward 4 Position 2 - Lioneld Jordan
A meeting of the Fayetteville City Council Street Committee was held on October 25, 2005
at 6:30 p.m. in Room 326 of the City Administration Building located at 113 West
Mountain Street, Fayetteville, Arkansas.
MEMBERS PRESENT: Alderman Lioneld Jordan (Chair), Alderman Robert Reynolds,
Alderman Bobby Ferrell, Alderman Don Marr
Others Council Members Present: Alderperson Shirley Lucas, Mayor Dan Coody
Staff Present: Ron Petrie, Gary Dumas, Tim Conklin, Terry Gulley
Chairman Lioneld Jordan brought the meeting to order.
1. Amendment to the Master Street Plan to realign the location of Rupple Road near
Highway 62.
Charlie Sloan made a presentation to the committee regarding the proposed realignment of
Rupple Road. He reviewed the changes that are being proposed and, using a map, outlined
where the changes would be in the alignment of the road. They have worked to incorporate
changes necessitated by concerns expressed by neighbors and by the Planning Commission.
Alderman Marr asked the staff for their opinion on this proposal.
Ron Petrie said the concepts prepared by staff for Rupple Road when developing the bond
program are very similar to this proposal. He said staff is in favor of this proposal.
Chairman Jordan opened the floor to public comment. There being none, he brought the
matter back to the Street Committee. He said he feels the project looks good.
Alderman Marr moved that the Master Street Plan be amended to the alignment proposed by
staff Alderman Reynolds seconded the motion and it carried unanimously.
2. Amendment to the Master Street Plan to allow for reduced right-of-way dedication
along College Avenue (Principal Arterial) for the redevelopment of 620 N. College
(formerly Doc Murdocs)
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October 25, 2005
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Ron Petrie said this item was approved by the Planning Commission last night (Oct. 24). An
architectural rendition of the proposed look of the Doc Murdoc building, which is undergoing
renovation, was a part of the material given to the committee on this item. The applicant is
requesting that the right-of-way dedication be reduced to 30 feet from 55 feet, or what is actually
the existing right-of-way. They are also proposing a 4 foot addition to the front of the building.
The developer provided a map to show what a 110 foot right-of-way (or 55 feet from center line)
on this area of College Ave. would look like and how many existing buildings it would cut into.
The Operations department is currently reviewing a possible different dedication for right-of-
way for the downtown portion of College Ave. Although they are not yet ready to bring that
forward, he said that this proposal is not inconsistent with what staff is considering.
Alderman Marr asked for the northern and southern boundaries of the College Avenue section
that the Engineering staff is evaluating.
Ron Petrie said it would be North Street to south of 6th Street.
Alderman Marr said his concern is long term, and whether giving up the right-of-way now
would prohibit the City from having design options available for possible underground utilities
or other plans that might be possible for this area.
Ron Petrie said we would have the same constraints now as in the future. On this site, the
constraint would be 3 ft. greater because they are proposing to extend three feet further toward
the existing right-of-way. The existing buildings create the constraints in the right-of-way.
Alderman Ferrell said he thinks this request is reasonable but wondered if a boulevard is a part
of the potential design plans for this area.
Ron Petrie said everything is still on the table and he can't really say at this point which
direction staff is leaning. A boulevard cannot be ruled out entirely, but space is very limited in
this area so it is difficult to have an answer to that at this point.
Alderman Reynolds asked if the City had ever thought about turn lanes in Prospect at Rebecca
to help the movement of traffic in that area. He asked if giving up footage would hurt any future
plans for something like this.
Ron Petrie said we would not be giving up footage. There is 30 feet of right-of-way now and
there would be 30 feet in the future.
Alderman Marr said one thing we wanted in our Downtown Master Plan was buildings that
were on the frontage. At the same time, if we ever wanted to have turn lanes in that area, we are
going to be limiting whatever space we have to work with if we start giving away the right-of-
way. Although we may not have the space for this sort of thing right now, as properties
redevelop we would still have the option.
Mayor Coody said he shares Alderman Marr's concern. We may well want to put a turn lane
here or do some other sort of planned improvement and in granting this request, we might be
limiting ourselves in the future. He urged caution.
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Rob Sharp, the applicant for this issue, said he wanted to clarify a few points. He said they are
making a small addition to the current building. It will be in the same plane as the existing
building. The real change is that the canopy that had rotted off the current building will be
replaced. They are not asking to extend the building out into an area where it wasn't before, so
they will not be making the situation any worse. Also, the building to the south of this project is
closer to the street than this building, so any turn lane project would mean taking out current
buildings all along this area. He said his group will also be adding landscaping and street trees
where it is now just asphalt so it is going to look more like what Dover Kohl wanted in the
Downtown Master Plan. He stressed that he is not asking the City to give up any land they
already have; he is simply asking to keep the right-of-way as it is right now.
There was discussion about the canopy that was on the existing building and what would be
added with this proposal. Mr. Sharp said if there is a concern about the canopy, which is
cantilevered, it can be reduced if necessary. He mentioned that the project is now at the point that
they need to be able to move forward.
Alderman Jordan asked for Tim Conklin's thoughts from a planning perspective.
Tim Conklin said staff has been trying to work on a concept for College Avenue. Back in
August and September, they brought forward the Downtown Master Plan recommendations.
College Avenue, Archibald Yell, School St. and 6th St. were removed from those Master Street
Plan amendments. The Council had requested that staff come back with options. Engineering
and the Parks Department are working on those and though they are not ready for presentation at
this time, the Street Committee will have to evaluate the future cross sections of College Avenue
to determine how they want to enhance College Avenue. He said this canopy is cantilevered and
even if you did widen the street, the sidewalk could still run underneath it. The concepts for
College Avenue on which staff is working are not yet developed to the point of presentation to
the Committee.
Alderman Reynolds suggested tabling the issue until that information is available for Street
Committee review.
Alderman Marr said he had heard from the presentation by Mr. Sharp that there are some date
sensitive issues involved in this project. He agrees that the issues being discussed on College
Ave. need to be resolved, but he doesn't want this developer to be left out there without some
idea when the issue will be resolved.
Tim Conklin, in response to a question from Alderman Jordan regarding when staff might have
the information available, said several projects along College Avenue are affected, including the
Mountain Inn. The City will have to act swiftly to bring this forward to the Street Committee.
Gary Dumas said he doesn't know how long it will take to develop the concept for College
Avenue and then take it through the process of discussion by staff and Council. However, on
this particular project we are talking about an existing wall that will not be changed. All that will
be changed is the addition of a 2 — 4 ft. cantilevered canopy on an existing building. There are
already existing constraints on College Ave. south of this property that would prevent any
significant widening of College Ave. in the foreseeable future. He doesn't think that anything
the staff could come up with as a design concept is going to widen this street significantly at any
intersection.
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Alderman Ferrell said he understands the concerns of the Committee, but this has been through
the Board of Adjustment, a neighborhood meeting and the Planning Commission already. He
asked Mr. Sharp how time -sensitive this project is.
Rob Sharp said they have the drawings done and have a tenant. They would like to apply for a
building permit next week. His concern is that College Avenue is such a hot -button item, this
issue could still be alive six months from now and by then the opportunity for this project could
be lost. Waiting a couple of weeks wouldn't be a problem but six to eight weeks would.
Ron Petrie asked Mr. Sharp if there is a reason why the request is for 30 feet of right-of-way as
opposed to 35 feet.
Rob Sharp said an amendment to that affect would be fine with his client. He would rather have
35 feet now than 30 feet six weeks from now if that is the issue. He mentioned that, if there is no
objection from the Committee, they might be able to pursue the building permit with the canopy
left off, with the understanding that they can come back once the design for College Avenue is
firmed up since the building permit process also takes time.
Alderman Ferrell made a motion that the issue be sent to the full Council for discussion
without recommendation from the Street Committee. Alderman Marr seconded the motion and
it passed unanimously.
3. Discussion of a proposed cost share with the Fayetteville School Systems and Reserve,
LLC (Terminella & Associates) to widen Rupple Road to a four lane boulevard and to
widen Persimmon Street to a Collector Street.
Ron Petrie said this is a proposed street cost share with both Terminella (Reserve LLC) and the
Fayetteville School system for two different roads. He discussed the Rupple Road portion of the
proposal, identifying which portion of the road would be paid for by each of the three
participants (Reserve LLC, Fayetteville Schools and the City). The City of Fayetteville's portion
would be a little over $277,000. He then discussed the cost share division for the Persimmon
Street portion of the proposal. The City's portion of the cost for this project would be $534,375.
The total for both portions (Rupple and Persimmon) is $812,220 for the City's portion. The
school's portion would be $308,915 and Reserve, LLC's portion would be $805,000.
Gary Dumas commented that these costs are estimates. If the Street Committee approves this
item, we will need to look even more closely at how the costs are allocated. The information
presented at this time includes unit quantities and costs figured in bulk. As we look at more
detail, some of the costs may be adjusted downward.
Alderman Marr said when this development was before the Council, he understood the
developer was going to build the collector road.
Tom Terminella of Terminella & Associates said that at the Aug. 4, 2004 Council meeting Mr.
Estes indicated that they would "construct" the road once it was understood what improvements
needed to go in. In most cities, they construct roads that adjoin the boundaries of their project
and cost share with the municipalities. In no part of the discussion was it indicated that they
would provide all the right-of-way, engineer, construct and pay for the entire improvement as
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shown on the Master Street Plan. At a meeting a few weeks ago, his group, Alderman Jordan
and staff met to listen to the tape of the meeting to make sure what was said at that meeting since
people seemed be operating on different assumptions. He said that his company will construct
the improvement and would respectfully ask for the City to cost share as is a common practice in
every municipality in which they work.
Alderman Jordan said he does have the tape of the meeting where this was discussed if any of
the Committee members would like to view it.
Ron Petrie said there are two separate issues. One is what was perceived to be promised at the
meeting and the second is the staff recommendation. The staff recommendation is not based on
the perceived promise, but is based on a purely rational nexus approach of who should pay for
what. In response to a question from Alderman Ferrell he said the money for the City's portion
of the cost share would come from for the City's street cost -share fund for next year if that fund
is approved in the CIP budget.
Alderman Lucas said it was her understanding that the road would be built by Mr. Terminella.
However, we have to have the road because of the school and the Boys & Girls Club. She has
learned something from this situation and will be more careful of choices of words in the future.
Alderman Marr said he doesn't think we can have a school there and not build the road as
specified. But regardless of semantics, he feels like it was presented one way and we are ending
up with something different.
Tom Terminella said he is constructing and cost sharing a half a dozen improvements with
seven different cities right now. He made certain assumptions based on his experience in this
area. He said he would have clarified immediately if anyone had said anything about paying for
and constructing the improvement. He doesn't want words put in his mouth or it to be thought
that he said one thing and meant another. All the words were spoken carefully that night but
nobody nailed it down. He is now suffering the consequences of that. He does not want his
integrity or character to be questioned. He is sorry for any misconceptions, but he always
assumed it would be a cost share. He hopes that it will be spoken more clearly in the future.
Tim Conklin, in response to a question from Alderman Ferrell said it was his assumption from
the meeting that the developer was paying for the street. With regard to the size of the
development, length of street and the fact that it is a collector street, City policy has been to cost
share the center turn lane. So this does follow our policy.
Alderman Ferrell moved to accept staff's recommendation to participate in a cost share and
move the item forward to Council. Alderman Reynolds seconded the motion. The motion
passed unanimously.
4. Presentation from McClelland Engineers of a progress report for the Kings Drive
Reconstruction Study.
Ron Petrie said he thought it was appropriate to update the Committee on the progress of this
item.
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Johnny Quinn with McClelland Engineers gave a little background on this issue. Kings Drive
had begun to deteriorate and slide down the hill. The City selected a couple of geotechnical
firms to analyze the situation, make recommendations and estimate costs to remediate the
problem. The costs presented through those reports were reviewed by staff and thought to be
somewhat prohibitive, so McClelland was retained to review the reports and see if they could
come up with innovative and alternative means of repair that might be less expensive. They
were also asked to estimate the cost for any alternative means of repair if such could be
identified and to look at traffic patterns. Wayne Jones, a geotechnical engineer with McClelland
Engineers and Dr. Norm Dennis, a professor of Civil Engineering at the University have worked
on this study.
Wayne Jones talked about what has been done to this point, including two borings in addition to
the borings that had already been done. In those borings they used equipment to find out how
much tilt was occurring. Every two week period, data has been collected. For the first couple of
months there was very little movement. Over the past couple of months, the cumulative amounts
have gotten to the point of about a inch movement over the 5 month period. So they can now
say that it is continuing to slide. Samples have been taken and Dr. Dennis has run tests on those
samples. The data was used to develop a profile of the hillside prior to any construction
occurring. Dr. Dennis has performed very preliminary slope stability analysis on one particular
cross section. They will ultimately look at five cross sections because movement is occurring
over a significant area as evidenced by cracks in the pavement and other signs. One factor that
could be contributing to this is a water line that runs along the curb on the west side of the street.
The ditch along the water line could be a conduit for water seeping into the ground and helping
saturate the material along the line. The slope stability analysis will be refined over the next
month or so and made into a final report with recommendation and options for repair and
anticipated costs.
Dr. Norm Dennis said in the two previous reports suppositions were made about the mechanism
of the movement, but nobody proved it. They felt it was important to find out on what plane the
slope was actually moving. Their logs clearly show that between 6 and 7 feet below the ground
surface there is actually some deviation from vertical, which means the ground is moving. Also,
strength testing of the material in the slope had not been done in the previous studies. This is
essential in conducting any kind of stability analysis. It will take about 8 to 12 weeks of nonstop
laboratory testing in order to determine material properties. Once they know where the slope is
moving and have a good handle on what the material properties are of the various soil layers,
they can put the layers into a model and perform a stability analysis.
Alderman Jordan asked for any questions from the Street Committee. There being none, he
opened the floor for public comment
Bob McKinney said he lives at the top of the hill. He is concerned about property values being
affected by this situation.
In response to a question from Alderman Marr, it was stated that a report should be brought
back to the Committee at least before the end of the year, possibly earlier.
Alderman Reynolds said at this point he is more concerned about firming up the mountain so
that we don't have houses sliding down than he is with Kings Drive itself.
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Wayne Jones said from this point forward, they
City Council Water & Sewer Meeting Minutes
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11 be looking at what options are available.
A citizen and resident of the area expressed her concern about the safety issue involved here.
There is also the problem with access to the homes in the area if it is determined the road should
be closed.
Wayne Jones said the job his company has been tasked with is to provide viable solutions to the
City. They will tell the City what can be done to stabilize the situation and keep the road from
deteriorating any further. They are also obligated to tell the City what it will cost for each
alternative.
Alderman Jordan said there will be more discussion on this item in the future and more
opportunities for input from citizens.
5. Discussion of the proposed street improvements to be included in the 2006-2010 Capital
Improvement Program.
Ron Petrie said that several 2005 CIP projects have been placed on hold due to the bond issue
status; the money that is in the current budget can be used to begin the engineering on those bond
projects. So though the projects are listed as 2005 projects, the work will be done in 2006. He
reviewed the projects on the list and gave a brief description of the status and anticipated cost of
each. Projects include Kings Drive, widening of Township, Huntsville/Happy Hollow and Mount
Comfort/Shiloh/Dean Solomon intersection. He also reviewed the list of 2006 projects,
discussing the status of each.
Alderman Jordan expressed concern that the amount of money allocated toward Mount
Comfort/Shiloh/Dean Solomon intersection improvement was too small. He stated that this area
was the greatest need in his ward
Ron Petrie asked that the Committee members keep in mind that the cost of that intersection is
somewhere around $4.5 million. What staff is proposing now will give us a jump start on that
and allow the design to happen.
Alderman Reynolds said he feels if Van Ashe isn't dealt with soon and some relief provided to
traffic in the Mall area, we will lose tax dollars to the north.
Gary Dumas said the Federal allocation has not been figured in to this yet because it has not yet
been finalized. When it is firm, we will program our share of the cost.
Alderman Reynolds suggested moving the Van Ashe (Gregg to Garland) project and the Mount
Comfort/Shiloh/Dean Solomon project up to the top of the priority list.
Alderman Marr asked if there is a time frame on taking the bond issue forward to the Council
to make a decision on whether to take it to the people. The priority list changes completely
depending on whether or not we have that money.
Alderman Jordan said his plan is to bring the bond issue back to the Council by March of next
year, after we know what the wastewater treatment plant will cost.
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Alderman Marr expressed concern that we're not relating one project to another, such as the
bond issue, impact fees, etc. He feels there needs to be some comprehensive plan.
Gary Dumas stated that this list assumes there's going to be a bond election, otherwise you
would prioritize it differently and not do all the engineering on the different projects. You'd do
one or two actual construction projects instead.
Alderman Marr said it scares him to put that amount of money into engineering on the
assumption that the people are going to pass the bond issue. If they don't pass it, the money
would probably have been allocated completely differently.
Alderman Ferrell asked how much the staff would expect to spend on engineering in these
projects before the March timeframe for bringing the bond issue forward again.
Gary Dumas said the staff assumed there is going to be a bond election, so they utilized existing
funding (what's remaining in the 05 CIP and what can be programmed into the 06 CIP) to get a
jump start on the bond election projects which had been chosen as the highest priority. He
agreed that the priorities would be totally different if the bond issue does not pass. However,
realistically, very little of the actual dollars would be spent by March when it is anticipated the
bond issue will come forward. We wouldn't start much of this until January when the CIP is
adopted. Depending on how things are looking for the bond issue at that point, we would either
accelerate our activity in getting engineer consultants on board or we'd slow down until we
know more.
Alderman Marr wanted to make sure there is an understanding that if the committee votes on
this today and the bond issue is not approved, that there will be an opportunity for the Committee
to reallocate all the engineering costs to other projects.
Gary Dumas said that the issue will be revisited if the bond issue doesn't pass or if the Council
chooses not to do a bond issue. He asked for the Committee to comment on the $613,000 listed
under "Unfunded" for "In -House Pavement" to continue the overlay program.
Alderman Marr said he thought the $613,000 was already funded. He moved that the
Committee accept the 2005/2005 CIF program with an added footnote that it would be
revisited for reallocation if the bond issue doesn't pass and to move the $613,000 to the funded
column for in-house pavement of streets only (excluding trails). The motion was seconded and
passed unanimously.
6. Presentation of the final study for street impact fees for transportation improvements as
performed by Duncan & Associates.
Tim Conklin distributed a report on street impact fees based on a potential street bond program
and future costs that have been calculated. They are calculated both with right-of-way and
without right-of-way. Without right-of-way, the fee for a single family home is $3,443. With
right-of-way, it is $3,799. The policy issue is, if we include the right-of-way and we have a
developer dedicate right-of-way, we will have to give credit back to the developer. If we don't
include right-of-way, the developers will continue to dedicate right-of-way per the Master Street
Plan and we will not have to give credit. These costs are based on estimated costs of the street
bond program. This is for future development. The impact fees would be utilized to help fund
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the street CIP projects if the bond program is passed. This is just part of an overall program on
how to pay for some of these street improvements. In response to a question from Alderman
Reynolds, Tim stated that we are required under State law to allow manufactured homes within
one zoning district so we do allow them in residential/agricultural zones.
7. Scheduling of the next Street Committee meeting.
Alderman Marr asked to make sure that the traffic calming policy is added to the next Street
Committee agenda.
No date was set for the next Street Committee meeting.
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