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HomeMy WebLinkAbout2013-04-02 MinutesMayor Lioneld Jordan City Attorney Kit Williams Iraye ev 1Ile City Clerk Sondra Smith ARKANSAS City of Fayetteville Arkansas City Council Meeting Minutes April 02, 2013 City Council Meeting Minutes April 2, 2013 Page I of 13 Aldermen Ward 1 Position 1 — Adella Gray Ward 1 Position 2 — Sarah Marsh Ward 2 Position 1 —Mark Kinion Ward 2 Position 2 —Matthew Petty Ward 3 Position I —Justin Tennant Ward 3 Position 2 — Martin W. Schoppmeyer, Jr. Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2 — Alan T. Long A meeting of the Fayetteville City Council was held on April 02, 2013 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Mayor Jordan called the meeting to order. PRESENT: Alderman Adella Gray, Mark Kinion, Matthew Petty, Justin Tennant, Martin Schoppmeyer, Rhonda Adams, Alan Long, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Treasurer Sondra Smith, Staff, Press, and Audience. ABSENT: Alderman Sarah Marsh Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Mayor Jordan welcomed journalism students from Ray Minor's News Education Class at the University of Arkansas. City Council Meetine Presentations. Reports and Discussion Items: Nominating Committee Report — Re -approval Construction Board of Adjustment and Appeal, Jules Beck - One Alternate Member Term Ending 03/31/14. Alderman Gray: There was a typo on the previous report. This is to correct the term end date. The term end date is March 31, 2014. Alderman Tennant moved to approve the Nominating Committee Report. Alderman Petty seconded the motion. Upon roll call the motion passed 7-0. Alderman Marsh was absent. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDDITTY (479) 521-1316 City Council Meeting Minutes April 2, 2013 Page 2 of 13 At=enda Additions:. Mayor Jordan: We received a letter about the closing of the airport tower therefore we have some additions to the agenda. Airport Control Tower Legal Action: A resolution authorizing the City Attorney to take legal action in the United States Court of Appeals for the District of Columbia Circuit, or such other venue as deemed legally appropriate, in coordination with other airports throughout the nation, to obtain review and possible reversal of the decision of the Federal Aviation Administration to close the Airport Control Tower at Drake Field. Alderman Gray moved to suspend the rules and add the Airport Control Tower Legal Action resolution to the agenda. Alderman Tennant seconded the motion. Upon roll can motion passed 7-0. Alderman Marsh was absent. Don Marr, Chief of Staff: We know you do not like walk on items. Through sequestration the air traffic control tower is recommended to be closed. They are planning on closing the tower on April 7th. We have visited with Congressman Womack as well as members of the FAA administration. We have three items that we would like added to your agenda regarding this issue. All three items are related. City Attorney Kit Williams explained why joining in a suit that is already under way is the most cost effective thing that we could do. Alderman Tennant moved to approve the resolution. Alderman Long seconded the motion., Upon roll call the resolution passed 7-0. Alderman Marsh was absent. Resolution 61-13 as recorded in the office of the City Clerk. CII Aviation, Inc. Contract: An ordinance waiving the requirements of formal competitive bidding and approving a contract in the amount of $20,342.00 per month, plus upfront insurance costs of $8,505.00 with CII Aviation, Inc. for the provision of Air Traffic Control Tower Services for Drake Field. Alderman Petty moved to suspend the rules and add the CII Aviation, Inc. Contract to the agenda. Alderman Adams seconded the motion. Upon roll call motion passed 7-0. Alderman Marsh was absent. City Attorney Kit Williams read the ordinance. Ray Boudreaux, Airport Director: Thank you for allowing us to bring this action to you. We do not like to bring things at the last minute and I know you do not like to hear them. Please accept my apologies. You have three items before you as a result of the decision by the FAA to withdraw funding from the Fayetteville Drake Tower and 149 other towers in the nation. We spent time on a conference call with Administrator Huerta and his Director of Operations. This 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 City Council Meeting Minutes April 2, 2013 Page 3 of 13 action is not one that they wanted but it is one that they are implementing, as a result of a top down decision, that this is the way we are going to get to the sequester savings. All the communities want to keep their towers open and are trying to find ways to do that interimly while we find a way to get this reversed. This sequester action has caused a serious compromise of flight safety. Should the tower close, the FAA plans to strip the tower of its equipment and to close the tower permanently, and then we will have no choices. Mr. Boudreaux explained the safety concerns at Drake Field should the air traffic control tower close. This action was arbitrary and it compromises safety in a serious way. Flight safety is important. A lot of folks use the aviation that we have in Northwest Arkansas. We are a very condensed area and we have a lot of airports here. The FAA fully funded your tower at Fayetteville Drake Field for many years so the FAA knows that the tower is important at Drake Field. This action is not a request of the FAA believing that we don't need a tower. It is another action all together. I humbly request that you support these items. Alderman Petty: To what extent will hiring a contractor to do the traffic control affect our budget that we approved? Ray Boudreaux: It is completely outside of that budget. Alderman Petty: Does this come out of the General Fund? Don Marr: Yes. The request before you is a month to month. This is through the General Fund reserves. Alderman Kinion: My concern is this is a quarter of a million dollars over 12 months. It is certainly a matter of importance. We have a good investment in our airport which is important for economic development. We do have to be good stewards of the tax dollars and the General Fund. Don Marr: The request is $196,000 for the rest of this year. Our plan is to come back during the budget process, because if it has not been resolved by then, we have to make a decision about a permanent closure. It is believed that none of these will end up with 100% funded tower operations in the future. The current requirements are 80/20. A 20% match by the city. There will be a cost share portion for future tower operations. We are going to ask our Airport Board and airport management to have some discussions about how we might look at that funding. Alderman Tennant: We are not bidding this because we do not have time to see if anyone can do it for less than $20,000 per month. Don Marr: This is the current contractor of the tower. Alderman Tennant: If this private company takes over because of this action that equipment will stay. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 City Council Meeting Minutes April 2, 2013 Page 4 of 13 Ray Boudreaux: Yes. Don Marr: We had made some modifications to try to get the cost down to $20,000, one of those was the hours of operation of the tower. Currently the operation is from 6:00 a.m. to 10:00 p.m. Ray has asked for it to be from 8:00 a.m. to 8:00 p.m. because only 3% of our traffic is outside of those hours. Ray Boudreaux: That will be 7 days a week. Alderman Tennant: Are we locked in or is this a month to month? Ray Boudreaux: Month to month. Alderman Tennant: If we don't do this we can't go back. Ray Boudreaux: Right. A discussion followed on the tower and other towers in the area. Ray Boudreaux: The only towers that will be left are XNA and Little Rock. Alderman Gray moved to suspend the rules and go to the second reading. Alderman Tennant seconded the motion. Upon roll call the motion passed 7-0. Alderman Marsh was absent. City Attorney Kit Williams read the ordinance. Alderman Gray moved to suspend the rules and go to the third and final reading. Alderman Tennant seconded the motion. Upon roll call the motion passed 7-0. Alderman Marsh was absent. City Attorney Kit Williams read the ordinance. Alderman Petty: This is not an easy pill to swallow. This is the kind of surprise that we keep the reserves for. I am mostly comfortable with it. I probably would not be comfortable funding this at the same magnitude for future years. I appreciate looking at new revenue opportunities. Mayor Jordan: I do not like this any more than you do. I do not have any choice in the matter. If we are going to keep the tower open we are going to have to pay the bill. I have a little bit of displeasure having to do this. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman Marsh was absent. Ordinance 5576 as Recorded in the office of the City Clerk. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDDfFTY (479) 521-1316 City Council Meeting Minutes April 2, 2013 Page 5 of 13 Air Traffic Control Tower Closure: A resolution expressing displeasure of the City of Fayetteville with the decision of the Federal Aviation Administration to close Federal Contract Airport Control Towers, including the Air Traffic Control Tower at Drake Field. Alderman Petty moved to suspend the rules and add the Air Traffic Control Tower Closure resolution to the agenda. Alderman Adams seconded the motion. Upon roll call motion passed 7-0. Alderman Marsh was absent. Alderman Long moved to remove the words extreme and arbitrary from the resolution. Alderman Adams seconded the motion. Upon roll call the motion passed 7-0. Alderman Marsh was absent. Mayor Jordan: This is about a safety issue. We have to keep the city safe. Don Marr: Staff feels it is important that the Council be on record of not supporting the tower closure should we have an air accident, that you did everything within your power to try to resolve and deal with the situation. Alderman Gray: This is about safety and I can not see our airport being open without air traffic control. This is what we have to do. Alderman Gray moved to approve the resolution. Alderman Tennant seconded the motion. Upon roll call the resolution passed 7-0. Alderman Marsh was absent. Resolution 62-13 as recorded in the office of the City Clerk. Consent: Approval of the March 19, 2013 City Council meeting minutes and the March 12, 2013 Special City Council meeting minutes. Approved Police Gym Equipment: A resolution approving a budget adjustment in the amount of $10,000.00 to replace and purchase additional police gym equipment. Resolution 63-13 as recorded in the office of the City Clerk. Bid #13-18 Heckathorn Construction Co.: A resolution awarding Bid #13-18 and authorizing a contract with Heckathorn Construction Co. in the amount of $114,363.00 for the construction of a server room storm shelter at the Fayetteville Executive Airport, and approving a project contingency of $15,000.00. Resolution 64-13 as recorded in the office of the City Clerk. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/rTY (479) 521-1316 City Council Meeting Minutes April 2, 2013 Page 6 of 13 Presidio Networked Solutions: A resolution authorizing the purchase of APC Data Center HVAC and UPS equipment from Presidio Networked Solutions, pursuant to a state procurement contract, in the total amount of $143,610.61, approving a project contingency of $10,000.00, and approving a budget adjustment in the amount of $170,887.00. Resolution 65-13 as recorded in the office of the City Clerk. AOS, LLC: A resolution authorizing the purchase of computer servers and a backup appliance from AOS, LLC, pursuant to a state procurement contract, in the total amount of $131,413.99, and approving a budget adjustment. Resolution 66-13 as recorded in the office of the City Clerk. Software House International: A resolution authorizing the purchase of a Microsoft Enterprise Agreement and subscription services, pursuant to a state procurement contract, from Software House International in the amount of $152,400.00. Resolution 67-13 as recorded in the office of the City Clerk. Washington County Interlocal Agreement: A resolution approving an interlocal agreement with Washington County, Arkansas for the provision of hazardous materials incident response services. Resolution 68-13 as recorded in the office of the City Clerk. National Center for Appropriate Technology: A resolution approving a budget adjustment in the amount of $1,359.80 recognizing grant revenue from the National Center for Appropriate Technology for printing of City Drainage Criteria Manuals. Resolution 69-13 as recorded in the office of the City Clerk. Walton Arts Center, Contract Parking Services: A resolution to approve an amendment to the contract for the provision of parking -related services between the City of Fayetteville, Arkansas and the Walton Arts Center Council, Inc. Resolution 70-13 as recorded in the office of the City Clerk. Alderman Gray moved to approve the Consent Agenda as read. Alderman Long seconded the motion. Upon roll call the motion passed 7-0. Alderman Marsh was absent. Unfinished Business: Amend §114.02 Farmers' Market: An ordinance to amend §114.02 Farmers' Market to transfer the current free use of the south parking spaces on Mountain Street to the control of the Rural Mountain Producers Exchange Board, to close Mountain Street to traffic, to permit sound 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDDTI TY (479) 521-1316 City Council Meeting Minutes April 2, 2013 Page 7 of 13 amplification during Farmers' Market and to make other changes. This ordinance was left on the First Reading at the March 19, 2013 City Council meeting. Alderman Gray moved to suspend the rules and go to the second reading. Alderman Tennant seconded the motion. Upon roll call the motion passed 7-0. Alderman Marsh was absent. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: The Chief of Staff and I met with members of the Farmers Market to discuss this and to report to them your concerns. I think we had a good meeting with them and there are some possible solutions hopefully that will comply not only with the Farmers Market desires to have more vendors but also to integrate the freedom of expression, campaign and non profits. Don Marr explained the conversation between the City Attorney, him and the Farmers Market. City Attorney Kit Williams: If this is going to be studied further by the City Council I do not see any reason why the spaces on Mountain Street could not be used. I do not think the way it was operated last year needs to change at this point in time while it is being studied by the City Council. Alderman Long: Thank you for bringing this forward Matthew because there are some issues that need to be addressed. The Farmers Market needs some more space. I think there are some areas that we can improve in this ordinance. I don't think we can do that tonight. I would like to move to send the ordinance to the Ordinance Review Committee. Alderman Petty: I would respectively request that we wait until the presentation and public comment takes place. Have there ever been any substantial changes to the ordinance other than hours or streets being added? Lori Boatright, Farmers Market: No. Alderman Petty: I am happy that we all find the Farmers Market so important. The Farmers Market is the economic driver. In the thirty years that the Market has been allowed by this ordinance only minor changes have been made. Last year it was voted number one in the nation. In my opinion refusing to support the expansion of the Market that has done so much good, because their plans to integrate groups are not exactly as you would do them, begs a question. Do you think the Market functions poorly now and if so where is your leadership? Alderman Gray: Closure of Mountain is only on Saturday and is that in the ordinance? City Attorney Kit Williams: That is correct. Alderman Adams: A change does not mean that we think the Market performs poorly now. It means that we support or do not support the closing of a street that is currently not closed. That 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayefteville.org Telecommunications Device for the Deaf TDDfM (479) 521-1316 City Council Meeting Minutes April 2, 2013 Page 8 of 13 is a change that I think the City Council does have the responsibility to consider. It is a city street and that is why I believe it is good for the Council to look at this very seriously. It does not mean that I do not think the Market is valuable or performs well. Alderman Tennant: I do not think this is a knock on the current management of the Farmers Market. When you want to make a permanent change I think of it as a much longer term situation. At some point the management of the Farmers Market is going to change, this Council is going to change and what you set in place needs to be carefully thought out if you are going to change something. I respect Alderman Petty's passion and respect his opinion on this but I think when you make a permanent change to anything it does not hurt to dig into it a little more. Lori Boatright explained their request for more space and showed a map with the proposed location of different groups. Alderman Adams asked if the business owner on Mountain Street was contacted. Lori Boatright: The property owner yes, the business owner no. There was a discussion about the map that was presented and the different spaces on the map. Alderman Kinion: This is a nice operational plan but it is not stated in the ordinance. To say either you support the Farmers Market by supporting this and you do not support the Farmers Market if you do not support this is not a reasonable argument to me. We need to have an ordinance that allows everyone that has a voice in this wonderful operation to be allowed to be part of that. That is what I hope we can come up with by moving this to ordinance review. Alderman Adams: We did not receive this until about 5:00 p.m. so there are others that have not seen it. I am a big supporter of the Farmers Market. I think we need buy in from the restaurant owner and the people that are involved. We are talking about closing a street and that is a long term decision. Alderman Gray: The Farmers Market is very important to me. I think this ordinance is totally appropriate. I want it to be the very best and one that we all work together on. I think the reason that we received the number one market last year was not just what we did last year but what we have been doing for forty years. There were some changes that were made last year that were not good and those things do not need to continue to happen. The only way we can make sure those don't continue to happen is to have them in an ordinance. I think this needs to go to ordinance review. City Attorney Kit Williams: Hundreds of thousands of dollars was spent by City Councils in order to rebuild and widen the sidewalks, build the rock walls around the square so that people visiting the Farmers Market would have place to sit and to make the fountain another attraction. Money has been invested into the square gardens to make it look good partly for the Farmers Market. I think City Councils from way back have been supportive and worked hard to try to help the Farmers Market attain its number one status. I have been to farmers markets all around the country and this is by far the number one. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDDTM (479) 521-1316 City Council Meeting Minutes April 2, 2013 Page 9 of 13 Marcy Benham, Board of Ozark Slow Food: We promote local foods. The Market has done very well for itself in the forty years that it has been in business. I feel if it is not broke don't fix it. I buy the majority of my food at the Farmers Market. There are many benefits to buying food locally. There are not enough spaces at the Farmers Market. The more producers that we can put in place at the Farmers Market the better it is for our local economy. I encourage you to approve the ordinance. Jim Morgan, Farmers Market farmer: I think this is a special market. It takes a lot of investment to get ready for the Farmers Market. I like the idea of going ahead with the ordinance and letting the Fanners Market work the way it has been working. We need free speech but we need a way to regulate how that happens. Mayor Jordan: It is my understanding that we have an ordinance in place already. City Attorney Kit Williams: Yes, we do. Mayor Jordan: The only decision before the Council is the closing of Mountain Street. City Attorney Kit Williams: It is this whole amendment. There are several things that are changed in this. Mayor Jordan: It would bring changes to the ordinance that is in place right now. City Attorney Kit Williams: That is correct. Alderman Kinion: We have an ordinance in place, it is working, and we have great management. It is a good situation and by taking it to ordinance review we are actually keeping everything that makes it good and protecting everything that makes it good and making sure it is inclusive and embraces a broad element that makes our Farmers Market excellent. I think it is important to go to ordinance review and it is not in any way trying to inhibit any activity that is currently happening in our Farmers Market. Alderman Petty: The City Council is in charge of deciding who gets control of our public land. The reason Mountain Street is closed is because of executive action, which is an option that remains available even if this proposal was passed as is. I think fundamentally it is a mistake for us to mandate exactly where non profit groups have to go when we have that option of executive action. With the ordinance as is, a simple expansion in my opinion makes the most sense. Alderman Long moved to send the ordinance to the Ordinance Review Committee. Alderman Adams seconded the motion. Upon roll call the motion passed 6-1. Alderman Petty voting no. Alderman Marsh was absent. This ordinance was left on the Second Reading and sent to the Ordinance Review Committee. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayeHeville.org Telecommunications. Device for the Deaf TDD/TTY (479) 521-1316 City Council Meeting Minutes April 2, 2013 Page 10 of 13 New Business: RZN 13-4310 (N. of the Intersection of N. Gregg Ave. and W. Van Asche Dr./Haas Hall): An ordinance rezoning that property described in rezoning petition RZN 13-4310, for approximately 17.28 acres, located north of the intersection of North Gregg Avenue and West Van Asche Drive from C-1, Neighborhood Commercial to P-1, Institutional. City Attorney Kit Williams read the ordinance. Alderman Schoppmeyer: I am the founder and superintendent of Haas Hall Academy, the entity that will purchase that property and inhabit that property so I will recuse myself from the vote tonight. Jeremy Pate, Development Services Director gave a brief description of the rezoning. The Planning Commission recommended this with a vote of 7-0. Staff is supportive of this request. Alderman Gray: I think the Haas Hall Academy has proven itself to be a fine school. I look forward to them having a nice building with the things they want. I have friends that have students that go there and have been very pleased. Alderman Tennant: Any educational opportunities or alternatives are good for our city from a recruitment standpoint and economic development standpoint. I am in support. Alderman Kinion moved to suspend the rules and go to the second reading. Alderman Adams seconded the motion. Upon roll call the motion passed 6-0. Alderman Schoppmeyer recused. Alderman Marsh was absent. City Attorney Kit Williams read the ordinance. Alderman Tennant moved to suspend the rules and go to the third and final reading. Alderman Adams seconded the motion. Upon roll call the motion passed 6-0. Alderman Schoppmeyer recused. Alderman Marsh was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Alderman Schoppmeyer recused. Alderman Marsh was absent. Ordinance 5577 as Recorded in the office of the City Clerk. R-PZD 12-4284 (Park Hill at Mountain Ranch): An ordinance establishing a Residential Planned Zoning District titled R-PZD 12-4284, Park Hill at Mountain Ranch, located at the southwest corner of Persimmon Street and Mountain Ranch Boulevard; containing 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 City Council Meeting Minutes April 2, 2013 Page 11 of 13 approximately 2.23 acres; amending the official zoning map of the City of Fayetteville; and adopting the Associated Master Development Plan. City Attorney Kit Williams read the ordinance. Jeremy Pate: The applicant contacted staff yesterday afternoon and requested this item be tabled. We recommend it be left on the first reading. This ordinance was left on the First Reading AR Rahim Metal Trading, Inc. (Tyson Building Demolition): A resolution approving a contract with AR Rahim Metal Trading, Inc. in the net amount of $84,199.05 for the sale and removal of the Tyson Building on Huntsville Road. David Jurgens, Utilities Director: Part of the land sale agreement was to remove this structure. Our original assumption was that we would have to pay approximately $155,000 to remove the building. Purchasing staff came forward with the idea of putting this up to auction. Through that auction we now have a bid for $91,000 to remove the structure. The contractor will pay us $91,000 for that removal. This will save the city approximately $250,000. It will also ensure that all products that are removed from the structure that can be put to any beneficial purpose will be put to that beneficial purpose. This was a very innovative concept that came forward and has served our citizens very well. City Attorney Kit Williams: Kum and Go agreed to a second amendment to the land sale agreement to give us enough time so that we are able to do this. This is a very good deal for our taxpayers. I want to congratulate David Jurgens, Peggy Vice and the Purchasing staff for coming up with this idea and making it work. Mayor Jordan: Well done. Alderman Gray moved to approve the resolution. Alderman Tennant seconded the motion. Upon roll call the resolution passed 7-0. Alderman Marsh was absent. Resolution 71-13 as recorded in the office of the City Clerk. Casey's Appeal: A resolution to grant the appeal and approve a Large Scale Development (LSD -4295) for Casey's General Stores, Inc. Jeremy Pate gave a brief description of the proposed project. He stated the large scale development was denied by the Planning Commission by a vote of 5-3 based on two primary issues, the tree preservation ordinance and the variance to allow for a curb cut access on Wedington Drive. Looking at safety and traffic congestion as part of our large scale development process is important. This one is important because it is near an on ramp and off ramp. In this particular case we have a safety concern. The traffic engineer recommended a 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDDTTY (479) 521-1316 City Council Meeting Minutes April 2, 2013 Page 12 of 13 raised medium island on the west side of Futrall Drive intersection creating a right in and right out driveway for the development. The Arkansas Highway and Transportation Department expressed concern about having any access whatsoever. Our recommendation would be either no access point if there are no improvements to the roadway or a right in, if there was an actual vertical impediment to turning left to physically prohibit left turning vehicles into the site. The tree preservation plan is the second item of concern, staff is not recommending in favor. Megan Dale, Urban Forrester gave a brief description of the tree preservation for the proposed project. She stated the plan has been revised and the applicant is saving 5.4%. We are recommending building a small retaining wall around tree 10 and 11. Staff is recommending approval of this plan with a condition of approval to build a retaining wall to protect tree 10 and 11. Alderman Kinion moved to amend the resolution and add language about building a retaining wall. Alderman Gray seconded the motion. Upon roll call the motion passed 7-0. Alderman Marsh was absent. Jeff Bates, Engineer for Casey's General Store stated we are okay with the retaining wall to save the trees. The Highway Department is not going to let us put a median in the highway. We have done just about everything we can do. Mayor Jordan: Do you see any way we can make this work without the median? Jeremy Pate: Not safely. Alderman Long: I spoke to the City Attorney and it is Arkansas State law that if they own this property on Futrall and Wedington we can not eliminate their access to Wedington because that would be an inverse condemnation of land. I think they have done a lot. I do not see a lot of people coming across the freeway to get gas. Currently for people to fill their cars to get to work they have to go across the bypass get their fuel and come back across which adds to the problem of traffic congestion. Alderman Kinion: The calls I received about this were in support of this. People currently are going over the bridge and coming back around the bridge. Safety is a concern but if it is a right in and right out I believe it could be managed. There seems to be support in the neighborhood to have something on the east side of I-540. This is very tough but I think I will support it. Jeremy Pate: This is just a right in not a right in and right out. This is a use that is supported. Removing this access does not prevent that from happening. You just have to go 180 feet further to take a right into the site. Alderman Kinion: I pointed that out to some of the individuals and they said it still gets backed up and they would have the opportunity to take a right in and not have to wait for the stop light. They think the right in could actually relieve some of the congestion. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDDfrTY (479) 521-1316 City Council Meeting Minutes April 2, 2013 Page 13 of 13 A discussion followed about the access to the Kum and Go at MLK and access to the proposed project. City Attorney Kit Williams explained the ingress and egress property rights. He also stated if there are no safe locations it can be limited to a right turn only and you can possibly deny it but there is some potential exposure if this devalues that property. I think the developer has made a good faith effort to have a safe right in only access. A discussion followed on the speed limits in the area. Don Marr: This interchange is one of the scheduled interchanges to be improved through the State Highway sales tax proposal. You might want to have strong input in that design. David Erstine, CBRE real estate firm representing the property seller stated this is the second buyer she has been under contract with and all interest from potential buyers pertains to having access on to Wedington. Alderman Gray moved to approve the resolution. Alderman Long seconded the motion. Upon roll call the resolution passed 7-0. Alderman Marsh was absent. Resolution 72-13 as recorded in the office of the City Clerk. City Council Agenda Session Presentations: None City Council Tours: April 8, 2013 5:00 PM Westside Wastewater Treatment Plant May 6, 2013 5:00 PM Woolsey Wet Prairie Wetlands Announcements: YAdJournent:8:07 .m. an, ayor Sondra E. Smith, City Clerk/Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDDTFFY (479) 521-1316 Revised Nominating Committee Report Meeting: Monday, March 11, 2013 City Hall, Room 326,5:00 p.m. Members Present — Adella Gray, Justin Tennant, Rhonda Adams, and Mark Kinion The Committee recommends the following candidates for appointment: CONSTRUCTION BOARD OF ADJUSTMENT AND APPEAL • Jules Beck - One Unexpired Alternate Member Term Ending 3/31/14