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HomeMy WebLinkAbout2008-01-03 - Agendas - Final Aldermen Ward 1 Position 1—Adella Gray Mayor Dan Coody Ward 1 Position 2—Brenda Thiel Ward 2 Position 1 —Kyle B.Cook City Attorney Kit WilliamsPVj Ward 2 Position 2—Nancy Allen Ward 3 Position l—Robert K.Rhoads TCity Clerk Sondra Smith Ward 3 Position 2—Robert Ferrell ARKANSAS Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting January 03, 2008 A meeting of the Fayetteville City Council will be held on January 03, 2008 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Agenda Session Presentations: Mayor's Announcements, Proclamations and Recognitions: Presentations, Reports and Discussion Items: 1. Election of Vice Mayor: City Council elected Lioneld Jordan as Vice Mayor. 2. Report on the Firemen's and Policemen's Pension and Relief Fund — Mayor Coody: Mayor Coody gave the report on the Pension Funds. 3. Housing Authority Board Appointment: City Council approved the Nominating Committee Report. Agenda Additions: None. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org A. Consent: 1. Re-approval of the September 18, 2007 City Council meeting minutes. APPROVED. 2. 2008 Community Development Block Grant: A resolution to approve the Community Development Block Grant program and to authorize Mayor Coody to execute the grant agreement in the estimated amount of$655,977.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 01-08. 3. UATV Contract: A resolution approving a contract with UATV, a service of the University of Arkansas, to operate the Education Channel throughout 2008, with automatic annual one-year renewals through December 31, 2012. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 02-08. 4. Community Access Television Contract: A resolution approving a contract in the amount of $93,000.00 with Community Access Television, Inc., to operate the Public Access Television Channel throughout 2008. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 03-08. 5. Arkansas Department of Parks and Tourism Grant: A resolution to approve and authorize the City to apply for grant funding from the Arkansas Department of Parks and Tourism for a $35,000.00 grant for a pavilion at Gary Hampton Softball Complex and a $90,000.00 grant for a pavilion at the Yvonne Richardson Center. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 04-08. 6. Arkansas Air Museum: A resolution to approve appropriating $25,000.00 of Economic Development Funds to match a $25,000.00 private donation to fund the $45,000.00 lighting project for the Arkansas Air Museum. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 05-08. 7. Elkins Sewer Contract Amendment: A resolution approving an amendment to the sewer contract between the City of Fayetteville, and the City of Elkins. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 06-08. B. Unfinished Business: 1. Bellafont Gardens POA Condemnation: A resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by the Bellafont Gardens POA. This resolution was tabled at the December 18, 2007 City Council meeting to the January 3, 2008 City Council meeting. THIS ITEM FAILED. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org C. New Business: 1. Fayetteville Municipal Property Owners' Improvement District No. 22 — Holcomb Heights: An ordinance to establish and lay off Fayetteville Municipal Property Owners' Improvement District No. 22 - Holcomb Heights, Phase 1 Subdivision Infrastructure Project. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5097. 2. Fayetteville Municipal Property Owners' Improvement District No. 23 — Woodstock: An ordinance to establish and lay off Fayetteville Municipal Property Owners' Improvement District No. 23 - Woodstock Subdivision Infrastructure Project. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5098. 3. R-PZD 07-2763 (Skate Place II): An ordinance establishing a Residential Planned Zoning District titled R-PZD 07-2763, Skate Place 11, located at 646 West Sycamore Street; containing approximately 1.08 acres; amending the official zoning map of the City of Fayetteville; and adopting the Associated Master Development Plan. THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE. 4. Tyson Complex Appraisal: An ordinance to waive the requirements of § 34.27 of the Code of Fayetteville and to authorize an appraisal of the available property of the former Tyson Complex on Huntsville Road for sale. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5099. 5. Northwest Arkansas Community Creative Center Lease Agreement: A resolution to approve a lease agreement with the Northwest Arkansas Community Creative Center for a portion of the former Tyson Complex on Huntsville Road. THIS ITEM WAS TABLED TO FEBRUARY 5, 2008 CITY COUNCIL MEETING. 6. 2008 Hiring Freeze: A resolution to impose a hiring freeze for all employees paid with General Fund revenues. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 07-08. 7. Northwest Arkansas Economic Development District: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and the Northwest Arkansas Economic Development District in the amount of$55,000.00 to provide public recreation services for the senior citizens of Fayetteville for 2008. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5100. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 8. Fayetteville Youth Center, Inc: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and the Fayetteville Youth Center, Inc. in the amount of $211,750.00 to provide public recreation services for the youth and citizens of Fayetteville for 2008. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5101. Announcements: None. 1. City Council Tour: None Adjournment: Meeting adjourned at 7:45 P.M. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org City Council Meeting January 03, 2008 Subject: Motion To: Motion By: Seconded: Cook Allen Rhoads Ferrell r/ Lucas Jordan VX Gray Thiel r Mayor Coody ✓` Subject: (� Motion To: 9�c�Qnn� Motion By: Seconded: Cook Allen Rhoads Ferrell Lucas J Jordan Gray ✓ Thiel Mayor Coody �J City Council Meeting January 03, 2008 Subject: P � tOMVNf P9 1 iQ A, Alm S ;cy. Motion To: Motion By: Seconded: Cook Allen Rhoads Ferrell Lucas Jordan Gray Thiel Mayor Coody Subject: WAIMotion To: Motion By: 0 Q Seconded: Cook Allen 1/ Rhoads Ohl Ferrell � Lucas ✓ Jordan Gray Thiel Mayor Coody City Council Meeting January 03, 2008 Subject: C ons Motion To: Apprco.C, Motion By: Seconded: Cook Allen Rhoadsi Ferrell Lucas Jordan Gray ✓ Thiel Mayor Coody -t2 Subject: PD t� O( e�mdtat ova Motion To: MID A Motion By: Seconded: ajA Cook Allen �1M�i vl i5�¢,cY t� Rhoads } (� Ferrell Lucas Jordan t� Gray Thiel Mayor Coody r 1 City Council Meeting January 03, 2008 Subject: e P,U Ile„ i V uwm Cc Paf Tt'D Motion To: Motion By: Seconded: �0 0� Cook Allen Rhoads �b S — Ferrell ✓ ,/ ,/ Lucas ✓ ,/ �/ Jordan t✓ �✓' ,/ Gray 1/ ✓ ,� J Thiel �V -I Mayor Coody ,0 7,- 0 Subject: Ja4UftCZK� 1 V UOJI C.& d10 ,,p Motion To: o� �� 3�`1 # Motion By: � a@d11 Seconded: Cook Allen ✓ �/ �/ Rhoads Ferrell / �✓ ✓ Lucas i/ ✓ ✓ Jordan ✓ ✓ Gray ✓ ✓ ,✓ D b Thiel ✓ Mayor Coody '7 -o 7 - 0 � � City Council Meeting January 03, 2008 Subject: R �� Q ' U 7 7 Skut Aa-u Motion To: YIC� Motion By: b Seconded: Cook ✓ Allen w-gva�) Rhoads �QQ Ferrell 1+ c_ Lucas +� 46 aw0 Jordan Gray ✓ Thiel Mayor Coody Subject: Motion To: C - 0-01t, �CtJJ/ Motion By: ' Seconded: hc��w C 4, Cook ,✓ t/ Allen ✓ '� �/ �/ Rhoads QlSe� Oso— Ferrell Iv ✓ ,/ 1✓ Lucas �✓ ✓ ✓ ✓ QJ' — Jordan ✓ i/ Gray ,/ ✓ ✓ ✓ jlo� q Thiel ✓ ✓ Mayor Coody r7 City Council Meeting January 03, 2008 Subject: A)OJ I c�-t Motion To: TG�t w. �c Motion By: e Seconded: maw, Cook N Allen ✓ Ak4-1 Rhoads Ferrell / Lucas Jordan ,KO Gray U Thiel � ooh v�lb Mayor Coody Subject: 06 Motion To: Motion By: Seconded: , ,e, rl b • Cook Allen ✓ 1/ Rhoads ,, < Ferrell Lucas Jordan r/ Gray �/ ✓ Thiel /A/ Mayor Coody 6 City Council Meeting January 03, 2008 Subject: /V (� Motion To: � Motion By: Seconded: �9 C � Cook r/ ✓ �/ Allen ✓ ✓ )btu Rhoads S dSuLf- Ferrell ✓ ✓ ,/ Lucas ✓ ✓ I/ Jordan ✓ r/ Gray ✓ �✓ c/ 100 Thiel :/ r/ �- L6 Mayor Coody -7-0 .Subject: Motion To: Motion By: Seconded: /J Cook r ^ ) Allen Rhoads � � - 1� Ferrell f Lucas Jordan ✓ t/ ,/ Gray / ,l Thiel Mayor Coody FAYETTEVILLE HOUSING AUTHORITY #1 North School Ave. Fayetteville, AR 72701-5928 PH: (479) 521-3850 FAX: (479) 442-6771 E-MAIL: fayettevilleha(a�more i.net December 27, 2007 Mayor Dan Coody & Fayetteville City Council Members City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 Dear Mayor Dan Coody & Fayetteville City Council Members: This letter is to confirm that the Fayetteville Housing Authority's Board has elected a new commissioner at its December 18th, 2007, Regular Board Meeting. The new Commissioner for the Fayetteville Housing Authority Board is Attorney Leon Jones, Jr. His term will begin December 28th, 2007 and end on December 28, 2012. The Fayetteville Housing Authority Board requests that this newly elected commissioner (Attorney Leon Jones, Jr.) be placed on the next City Council Meeting Agenda to be formally confirmed by the municipality's governing body in accordance with the Arkansas State Statue #14-169-208. If you have any questions, please feel free to call or e-mail. Sincerely yours, Fredia Sawin Executive Director fs City Council Meeting Minutes September 18,2007 Pagel of 43 Aldermen Ward I Position I — Adella Gray Mayor Dan Coody Ward I Position 2 — Brenda Thiel Ward 2 Position I —Kyle B. Cook City Attorney Kit Williams Ward 2 Position 2 —Nancy Allen Ward 3 Position I —Robert K. Rhoads City Clerk Sondra Smith Ward 3 Position 2— Robert Ferrell ARKANSAS Ward 4 Position 1 — Shirley Lucas Ward 4 Position 2 — Lioneld Jordan City of Fayetteville Arkansas City Council Meeting Minutes September 18, 2007 A meeting of the Fayetteville City Council was held on September 18, 2007 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Coody called the meeting to order. PRESENT: Alderman Gray, Thiel, Cook, Allen, Rhoads, Ferrell, Lucas, Jordan, Mayor Coody, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Pledge of Allegiance Special Recognition: Mayor Coody publicly thanked the state representatives who sponsored the turnback funds on behalf of the citizens of Fayetteville. Fayetteville received $460,000 in turn back funds. Alderman Allen moved to add a resolution entitled Cultural Arts District Boundary Amendment to the agenda under New Business Item # 7. Alderman Cook seconded the motion. Upon roll call the motion passed 7-0. Alderman Rhoads was absent during the vote. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi Ile.org City Council Meeting Minutes September 18,2007 Page 2 of 43 Nominating Committee Report Alderman Cook read the Nominating Committee Report. A copy of the report is attached. Alderman Cook moved to approve the Nominating Committee Report. Alderman Thiel seconded the motion. Upon roll call the motion passed 7-0. Alderman Rhoads was absent during the vote. CONSENT: Approval of the August 23, 2007 City Council meeting minutes. Approved Littler Mendelson, P.C. Contract: A resolution approving a contract with Littler Mendelson, P.C. to provide employment and labor litigation services. This item was removed from the Consent Agenda for discussion. Bid #07-60 Truck Centers of Arkansas: A resolution awarding Bid #07-60 to Truck Centers of Arkansas for the purchase of one (1) tandem axle diesel dump truck in the amount of $96,314.00 for use by the Water & Sewer Division. Resolution 162-07 as Recorded in the office of the City Clerk. Bid #07-61 Countryside Farm and Lawn Equipment: A resolution awarding Bid #07-61 to Countryside Farm and Lawn Equipment for the purchase of one (1) two-wheel drive utility tractor in the amount of$21 ,657.00 for use by the Parks and Recreation Division. Resolution 163-07 as Recorded in the office of the City Clerk. Bid #07-62 Hertz Equipment Rental: A resolution awarding Bid #07-62 to Hertz Equipment Rental for the purchase of one (1) self-propelled concrete saw in the amount of $27,795.00 for use by the Transportation Division. Resolution 164-07 as Recorded in the office of the City Clerk. Rescind. Resolution #38-07 and Award Bid #07-04 to Hugg & Hall Equipment of Springdale: A resolution rescinding Resolution #38-07, and awarding Bid #07-04 to Hugg & Hall Equipment of Springdale for the purchase of one (1) Toyota Fork Lift Truck in the amount of$29,980.00 for use by the Fleet Rental Pool. Resolution 165-07 as Recorded in the office of the City Clerk. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes September 18,2007 Page 3 of 43 Alderman Allen asked that Item #2 Littler Mendelson P.C. Contract be removed from Consent for discussion. Alderman Jordan moved to approve the Consent Agenda as read with Littler Mendelson, P.C. Contract being removed for discussion. Alderman Lucas seconded the motion. Upon roll call the Consent Agenda passed unanimously. The following item was removed from the Consent Agenda for discussion: Littler Mendelson, P.C. Contract: A resolution approving a contract with Littler Mendelson, P.C. to provide employment and labor litigation services. Alderman Allen stated she just wanted an explanation of the item. Mayor Coody: The City does this every year. Missy Leflar, Human Resources Manager: This is something that the City has renewed every two years. In the past the outside employment law firm has been there in the event of litigation but has also served in an advisory capacity for on going questions. My review of the budget indicates that the City has typically spent $5,000 to $6,000 a year for advisory services. Now that I am the HR Division Manager I am able to provide the advisory service myself with a savings to the taxpayer. In the unlikely event the City had any litigation, and none is pending, if the City was served with a compliant you typically have 20 calendar days to respond, if we are going to contract with an outside legal firm our bidding process from beginning to end would probably take approximately two months. We took bids, a committee is formed and they made a decision on the top cuts and those firms were interviewed. The committee voted and made a recommendation. It is good to have someone waiting in the wings in the event we have litigation. The reason that I couldn't represent the City, if there was such litigation, is there is a rule that a lawyer is not allowed to be a witness in the same case in which they are the attorney. Being in HR I am sure if there where any hypothetical litigation I am sure I would be a witness. Alderman Allen thanked Ms. Leflar for her explanation. Alderman Jordan: I've received a few phone calls and emails on this. I understand there was a committee set up and then the decision was made through that committee. Is that correct? Ms. Leflar: The representatives on the committee were: Alderman Rhoads, David Whitaker, City Attorney's office; Chief Tabor, Police Department; Chief Johnson, Fire Department; and Marsha Farthing, our Chief Accountant from Accounting and myself. Alderman Jordan: This is basically something we do every year. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevil le.org City Council Meeting Minutes September 18,2007 Page 4 of 43 Ms. Leflar: It is something we do every year. Mayor Coody: It is standard business procedure. We just keep somebody in the wings if we ever need them but if we don't need them, we don't use them. We just have somebody assigned. Ms. Leflar: Actually every two years we review it and put out the bid again. Alderman Gray moved to approve the resolution. Alderman Thiel seconded the motion. Mayor Coody asked shall the motion pass. Upon roll call the resolution passed unanimously. Resolution 166-07 as Recorded in the office of the City Clerk. UNFINISHED BUSINESS: R-PZD 07-2576 (Woodstock Community): An ordinance establishing a residential planned zoning district titled R-PZD 07-2576, Woodstock Community, located south of Wedington Drive from 46th Avenue to Broyles Avenue; containing approximately 28.90 acres; amending the official zoning map of the City of Fayetteville; and adopting the Associated Master Development Plan. This ordinance was left on the Second Reading at the September 4, 2007 City Council meeting. Alderman Jordan moved to suspend the rules and go to the third and final reading. Alderman Cook seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Jeremy Pate, Director of Current Planning: We toured this site yesterday with the Council. There was some discussion on the tour and questions most of which got answered hopefully. The Planning Commission voted unanimously in favor of forwarding this item to Council and staff recommends approval. We find that this project.meets the majority of the goals for the City Plan 2025, providing a traditional town forum which is one of those stated goals in a complete, compact, and connected network. It provides a range of housing types throughout the development, single-family, townhouse and condominiums as part of the mixed use project. It also adds to the enduring green network with seven acres of'park land that would be dedicated along Owl Creek for a greenway corridor. It also provides an appropriate increase in density by sighting the uses. As the project gets closer to the highway it gets more intense both in businesses and in density and intensity of commercial use. 382 dwelling units are proposed on the overall site. It is a density of roughly 12.9 units per acre and over 100,000 square feet of commercial space is also proposed. The majority of the commercial space is proposed in the bottom floor of some of the mixed use buildings. They have under ground parking so the parking is hidden underground or behind the buildings and the 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevil l e.org City Council Meeting Minutes September 18, 2007 Page 5 of 43 first floor would be the commercial use. There is some single story and two floor office buildings as well at each corner there is an anchor commercial, a one story commercial structure which could be utilized as a bank, restaurant, or other use such as that which is more traditional in terms of that use along both 46th Avenue and Broyles Avenue. Planning Commission talked about access to the highway and there were some access points that were amended as recommended by the Planning Commission and staff. There are fewer curb cuts now on Wedington with this proposed project than there were when it initially came through. The applicants have agreed to those conditions and changed the plans. Staff feels that this project discourages sprawl because it provides a development pattern that is complete, compact and connected on less amount of land. It is providing a more efficient use of the property. The same 380 dwelling units spread could be spread out over 100 acres, however this is being concentrated. The mixture of uses is important in terms of our City Plan 2025 in that it is not just the residents of this project that would benefit from the local commercial the surrounding residents as well. That point was discussed at the Planning Commission meeting. Neighboring residents would certainly be able to walk to this site for those uses. Staff feels that this meets the goals and intent of the PZD ordinance as well as City Plan 2025. We have recommended conditions of approval. Half of the traffic signal cost would be an assessment to the developer and that is roughly $62,500. The signal would be installed at Broyles Avenue and Wedington. There are also recommended improvements along 46th Avenue in that area. Mayor Coody: You said it had an overall residential density of 12 units per acre, but that's not the single family that rings the outside of the project. Jeremy Pate: Right. As with any planned zoning district these are broken up in different planning areas or different sorts of smaller zones within a larger property. Along the south is Planning Area III, the single-family zoning district, it is all single family detached homes and the density proposed there is 6.4 dwelling units per acre. I mentioned earlier that the density actually increases as it gets closer to the highway which I think is an appropriate way to look at increase in density and intensity on a project, especially adjacent to a five lane highway. Single family residences aren't typically the best neighbors adjacent to a five lane highway, when we are looking at that in conjunction with building height adjacent to those wider streets, it certainly does make more sense for that particular application. Alderman Thiel: Has there been anymore discussion about the phasing? Jeremy Pate: I haven't. The applicants could describe that a little bit better than I could. Alderman Thiel: There were concerns about the phasing if it draws out too long, the detention, erosion, protection, and that sort of thing. John Nock, the Developer: There are a total of five phases and could be as many as six. However, different than other projects we will be doing the entire storm water from the beginning so we don't have any of those issues with storm water, also shaping the site so that 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi l l e.org City Council Meeting Minutes September 18,2007 Page 6 of 43 those issues are dealt with early on. Not only is it economically more feasible to do it but also more environmentally sound to do it that way. Even though it is multi-phased as far as the vertical structures go it will be over five phases and that's multi years. Alderman Thiel: So the one large detention pond area that would be built out to begin with. Mr. Nock: Yes. That's an intrical part in the whole layout. Alderman Thiel: The bio-swells, all of the natural forms of drainage they will be utilized? They are shown on the plan and that is what will happen. Mr. Nock: Absolutely that is the plan. The bio-swells are as intrical as the whole detention facility. You've got to have one as well as the other. Alderman Thiel: Do you agree Ron? That staff will follow through on that and that's the way it will be done? Ron Petrie, City Engineer: I think that the comments we just heard are on record and is something we can enforce. Alderman Thiel: Okay. Mayor Coody: Since this is by ordinance it would be enforceable. 'i Alderman Lucas: Is this going to be with the first phase? Todd Jacobs, Director of Design: There is a bio-phase in Phase I that will catch water and treat it for water quality from the runoff from the parking lot. So, Phase I will have a bio-swell in it. Alderman Lucas: But not all the storm water work? Mr. Jacobs: That was the one we identified as you will see on your site rendering we passed out before. As a policy of our design group we are looking at trying to implement alternate storm water in all of our projects. We are looking at it as a total site and treating water on the spot versus trying to use a typical detention pond. Alderman Lucas: In the first phase. Mr. Jacobs: Yes ma'am. There is a bio-swell in the first phase and they will be in each consequent phase where we can find that we can work them in with our other alternative storm waters. Mr. Nock: I don't believe that right now there are plans being submitted for all of those bio- swells because they are not yet required, but everything that is required will be built during Phase L 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes September 18,2007 Page 7 of 43 Mayor Coody: The alternative storm water management for Phase I will be built before Phase I is built and then for Phase II it will be built before Phase II is built. Mr. Nock: That's correct except for what you asked earlier and that is does the detention pond get built right way and it does. It's required from the beginning. Alderman Jordan: So in other words the post flooding, our water problem will not be worse than the pre-existing. I just want that for the record. Mr. Petrie: According to numbers that were presented and reviewed in the Engineering Division there will be a significant decrease in the actual discharge from the site than what is there currently. These are only preliminary numbers. There is a lot of work, design, engineering, and review to be done before we have final numbers. The pond that is being proposed is an extremely large pond more than the size that is needed for the site and it would reduce the peak flows. Alderman Jordan: It should actually be better? Mr. Petrie: According to their design yes sir. Alderman Lucas: Is the rain garden and the acidic green detention pond locked in as part of the got to be's? Mr. Jacobs: Yes. We have rain gardens in the town homes. So we're looking to incorporate those into the front yards wherever we can. Alderman Jordan: There has been a lot of discussion about the traffic on 46th Avenue. and Broyles Avenue. I know that we changed Broyles Avenue to be the collector street. That was done two years ago. The traffic counts are correct on 46th Avenue and Broyles Avenue? Mr. Jacobs: We have looked at the traffic report for the last six or seven months. We followed up with the questioned if it was done during spring break and it wasn't. We have paid a lot of attention to it because on 46th Avenue there have been a lot of questions about it. We feel pretty confident in the numbers we have given you. There is also a letter from our traffic engineer stating their numbers. With all seven phases built we will be adding about 2,000 cars to 46tb Avenue, Broyles Avenue will be around 1,500 and Wedington will be around 5,200. We can't account for how much traffic we are going to pull off Wedington Avenue, it is something we can't quantify. We feel there is a lot of traffic we are going to be pulling off Wedington and relieving some of the traffic congestion going into town. Alderman Jordan: So you are saying that the infrastructure will be able handle whatever traffic that we put out there from this development then? Jeremy Pate: I would say from my perspective, with the improvements that we're recommending, I don't think that with the existing condition of 46th Avenue that it would. That 113 West Mountain 72701 (479) 521-7700 (479) 575-82S7 (Fax) accessfayetteville.org City Council Meeting Minutes September 18,2007 Page 8 of 43 is why we are recommending those improvements and we feel they should be constructed with that development. Alderman Jordan: Okay. Mr. Nock gave a PowerPoint presentation regarding the project. Mr. Nock: One of the things about a traditional town forum development, Dover, Kohl and others came to town to teach us how to do these things for long term sustainability. By doing this type of a project where you mix in both residential as well as light commercial for both retail, offices and live work scenarios you may have impact but you are also reducing impact overall upon your community. Even though you have more cars because you're building buildings and people are going to have to park and you are going to have to provide for the lights and access points. The idea of new urbanism is to cut down on the need for having to go across town for services if you are within walking distance or if you are going to get out and drive its a few neighborhoods over. The idea is to look at the city as a whole. We worked with the Planning staff as well as the Planning Commission on those items. The idea is that the impact upon the city overall is not overdone but instead is kept to a minimum. The other issue is trying to use the bio-swells Where ever we can we want to not do what has been done in the past which is simply do long gutters of concrete and push the water somewhere else where someone else has to deal with the issue. The idea with bio-swells is it slows down that water process before it hits the creek system and it allows your natural habitats to remain natural and allows that water to be slowed down. It is a natural collector of rainwater. A rain garden is just a way for slowing down that rain so it doesn't impact your natural system to a point that it is negative impact to them. We throw these terms around but there really is a lot of meaning behind them. We are trying to add a great development in these traditional types and at the same time minimize the impact on the community. Alderman Ferrell: There are some facets to this that I kind of like. As the development goes forward the idea of people being able to buy goods and services there locally and staying off the road. When Phase I is done is there going to be an incremental finishing of the goods and services also? Mr. Nock gave an example of what he was talking about. You have to have a certain depth of population to be able to support the commercial otherwise it doesn't make sense for people to walk because they are not within walking distance. The majority of the buildings that we put here have a very traditional vernacular which is just a fancy word for, "Looks like Fayetteville, feels like Fayetteville." What we have done is we have tried to utilize concepts of whole downtowns and put the live above and the work beneath. When we build a building on the front part of Wedington we can't build half a building. We will be putting in on those phases light commercial activity on those lower floors to begin with. Hopefully as the market allows us we will start to have those customers, workers, owners and managers living in that vicinity. You can't do one before you do the other we hope that what we have learned from others is that if you do it right you will be able to have both of them but you 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes September 18, 2007 Page 9 of 43 won't do them all at one time and that is why we have multi-phases. The reality is that in a market you've got to have a certain amount of depth before you can put the entire commercial in. We are not trying to do a strip center here; we are trying to do a town forum that has both of those coming on at the same time in pieces and parcels where appropriate. Alderman Ferrell: So it would be kind of concurrent as the residents move in, the services will be there to provide for them. Mr. Nock: That's exactly right. Alderman Allen: What will the general range be from top to bottom of the prices? Mr. Nock: For the residential units we are talking about a low end of $99,000 and they will probably range all the way up to $200,000 and maybe even in excess of that if there are large units. It is really a function of square foot price and square foot size. We have a choice of putting in all 3,000 square foot units or do we mix in urban lofts. It becomes a function of both the cost to do it, the economics for the return that is fair and reasonable, and then the ability to be able to move it. It is fool-hearted to make them all expensive because there is only a certain amount of our population that can afford it. I believe you have to look at your demographic of what Fayetteville is and determine what the price points are. Alderman Allen: I wonder if the $200,000 range is what abuts the existing neighborhood. Mr. Nock: That refers to the mixed use project. The homes around it will range much higher. They could go in the $250,000 or $275,000 range. It again becomes a function of what is out there. What we are trying to do is not diminish the quality of life just because someone can't afford a large unit but still have the amenities that are there of the neighborhood, the development, and the live, work environment as well as the amenities inside their unit. We recognized that putting it too high only hurts the whole development. It's to create a balance. Mr. Nock compared this development to the Charleston Place development. Alderman Allen: But the low end, the $99,000 they won't be segregated off by themselves or will they? Mr. Nock: They will not be part of the single family in the $99,000 range, you just can't do it. You just can't produce a home that's going to range in the square footage that we're talking about for that price. In the multi-use parts of the project they will not be segregated, they will be interspersed through out the project. Alderman Allen: Thank you. Mr. Nock: If you put them all in one section you've not created a community, you've pigeonholed and that is not the development. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi lle.org City Council Meeting Minutes September 18,2007 Page 10 of 43 Bob Estes, Fayetteville resident: I live in a subdivision that is in the vicinity of the proposed project. I am here this evening to speak to you in opposition to the proposed project. My opposition is based .upon three matters, traffic, drainage and scale. This Council a number of years ago by ordinance designated Broyles Avenue to be a collector street and designated 46th Avenue to be a local or minor street. The traffic counts presented by the applicant are either flawed or support the exertion that the greater part of the traffic will go to 46th Avenue and not to Broyles Avenue. When this Council designated Broyles Avenue as the collector it was done so because of the sewerage treatment plant and with the stated purpose to direct traffic off of Wedington onto Broyles Avenue. If you analyze the applicant's traffic numbers you will see that they are projecting based upon trip generation and site traffic projections that it is more probable than not that the greater part of the traffic goes to 46th Avenue. This is going to create a per say violation of this Council's ordinances. This could be avoided by redesigning the project in such a way that the traffic would not be forced out onto 461h Avenue, the local minor street designated by ordinance but onto Broyles Avenue, the street designed to be the collector street by ordinance. Mayor Coody: Jeremy do you have any comment on the first issue? Jeremy Pate: One thing that the development has accomplished since the Planning Commission review was that the north curb cut on 46th Avenue is now a one way ingress only so traffic at least in that point will not exit back out onto 46th Avenue. That's just one of the elements that were discussed. That is something we discussed with the applicants and it is shown on your plans currently that there is an ingress only at the northern curb cut for that particular project. Any project that accesses out of the street is obviously going to generate traffic on that street. Looking at the traffic numbers it does support that more traffic will be generated onto 46th Avenue which is the reason we are recommending improvements to 46th Avenue including a turn lane at that particular intersection. Mayor Coody: Thank you. Alderman Lucas: There are three entrances and exits on 46th Avenue? Jeremy Pate: The two southern ones have an access in and out. The far north one is ingress only. Mr. Estes: An additional issue regarding the traffic is it's more probable than not that people traveling west on Wedington are going to take the first available exit to their left and that is 46th Avenue, not Broyles Avenue. It is my opinion you can come to the conclusion that you are going to see more traffic on 46th Avenue than you are on Broyles Avenue. You have a per say violation of your ordinance if you are using 46th Avenue as a collector street and not a local or minor street. The next issue is drainage. The project is the Clabber Creek, Owl Creek, and Hamestring Creek Watershed. This is a wet area and drainage is a very significant issue. If for some reason or for no reason at all, the drainage is not designed and implemented in such a way that the pre development flows equal the post development flows you're going to flood the adjoining property. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes September 18, 2007 Page 11 of 43 Some of the work that I have done in other cities representing developers more often that not a performance bond is required of the developer so if and when the developer does abandon the project then those essential infrastructure issues can be attended by the municipality and there is a performance bond available to do so. The third issue is scale. City Plan 2025 mandates time and time again appropriate scale. This project is out of scale with adjoining properties. The adjoining properties at most consist of two story residences. This property consists of improvements in excess of two stories. This project is out of scale with adjoining properties and as such does not conform to the plan. Bassam Ziada, a Fayetteville citizen: My property is to the very south of this proposed development and abuts the west property on that development. Mr. Ziada handed out to Council page 13 from the traffic report to follow as he referred to it. In previous discussions the applicant indicated that they wanted to put in a 20,000 square foot grocery store. Their traffic counts do not reflect this use; it shows general office 20,000 square feet and retail as 69,135 square foot. This is extremely critical to the development because they are totaling their entire traffic count and based on that there is priority share for possible traffic signals cost on Broyles Avenue and 46th Avenue. He gave his background and his qualifications as being a civil engineer. He stated he is very familiar with trip generation. The developer is referencing sit down restaurants at 2,500 square foot. This is also extremely critical to be very specific on whether it is to be a sit down restaurant only or a drive-thru. He said the City of Fayetteville is not friendly in allowing the public to speak. At the Planning Commission the public speaks first without knowledge of the project and then the applicant speaks about the project. I would encourage the City to look at their process to be friendlier. I am here representing a lot of the neighbors. Mayor Coody: Lioneld you have had this at the Ward 4 meetings how many times? Alderman Jordan: I know at least four meetings. Mayor Coody: So there were four Ward 4 meetings where this was presented and everybody's welcome. I think the Ward 4 meetings are pretty well publicized. Alderman Jordan: Oh yes. And they were very well attended. Mr. Ziada: Absolutely. Alderman Lucas: But the Planning Commission and the Council are the ones that make the vote. We have the Ward 4 meetings to let people know. Alderman Jordan: To let people know what's going on. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) acces sfayettevi Ile.org City Council Meeting Minutes September 18,2007 Page 12 of 43 Alderman Lucas: The Council and the Planning Commission also need to know. Mayor Coody: Oh absolutely, but I think the point was that the public was turned away from knowing more about the project and I think not. Mr. Ziada: Let me make a distinction. I did not say the public was turned away. The process didn't encourage the public to come forward. That's all I'm saying. Mayor Coody: Okay. Alderman Allen: That process changed during the time that I was on the Planning Commission and I think it was better the way it was previously. The applicant made their presentation and then the public was able to respond and I think that's what he is talking about. .Mayor Coody: Has that changed at the Planning Commission lately? Is there a change in policy? Jeremy Pate: It has. Actually I believe that was the very last meeting that they utilized that process where the public spoke and then the applicant. We have gone back to the former process now where the applicant makes a presentation after staff and then the public comments. Mayor Coody: So we are back to the process that encourages more public input. i Jeremy Pate: We start that at the first meeting in August. Mayor Coody: Thank you. Mr. Ziada expressed his concern about the traffic report that was completed by the applicant. There is so much traffic on Wedington that it is going to make it difficult to get onto Wedington. Widening Wedington to five lanes will make it extremely more difficult for us to get onto Wedington. I heard the applicant talk about a friendly community center that promotes walk ability and encourages the neighbors to walk to this shopping center and to this community. We have asked many times if the sidewalk could be extended as part of the improvements on 46h Avenue to match the sidewalk at Persimmon and Cross Keys and we were told the plan is to have 28 foot all the way to the southern part of their development and from there down it will be 24 foot curbed and no sidewalks. They are trying to encourage us to go to the community center but there will be no sidewalk. That is part of the 2025 Plan to try to be friendly and this development is unfriendly to the community and the neighbors. We have expressed that at all the meetings. I encourage the developer to listen to us and to try to reconsider their design. This development will generate a lot of people living there and walking to the Boys & Girls Club and to the schools. I would encourage you before your vote to look at that area of sidewalk. Mayor Coody: Show me where Bassam is talking about, the sidewalk that isn't planned. How many linear feet is that? 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi Ile.org City Council Meeting Minutes September 18,2007 Page 13 of 43 Someone from the Audience: 700 feet. Mr. Ziada: The existing field takes care of approximately 80 to 100 acres of off-site drainage that comes into that drainage ditch to the south of where the proposed detention area is. With the construction of the highway, they diverted all the drainage from the homes on the north to the south. The existing neighborhood and my property goes north into that ditch. It is my understanding that drainage structure will be ten feet deep. I have a couple of concerns about that, ten feet is a safety issue because we have a lot of kids in the neighborhood. When you have a ten foot deep drainage structure and you are catching 100 acres; if anything goes wrong with that drainage structure it is going to flood all the adjoining properties. If the detention basin is not maintained properly the adjoining property owners will be paying the heavy price. I want to make sure you are aware of the drainage issues. Right now all the drainage goes into the west of that detention basin and just stays there because it's a field. Any obstruction to that would back up and flood. To my knowledge the drainage report did not include my property as part of their report. Thank you for your time. Mr. Nock: This is an urbanism design and most of us recognize that urbanism frowns on drive- thrus. We do not have any plans for drive-thru restaurants at this time; it would be inconsistent with our design. We are encouraging light retail. When we talk about grocery stores we are not talking about a Harp's. We turned away the idea of doing a big box there. We are talking about neighborhood markets and smaller impacts that communities can support either by people on the way home or walking to. Mayor Coody: When you say neighborhood market you don't mean a Walmart Neighborhood Market? Mr. Nock: I wasn't thinking about a Walmart, I was thinking about a true neighborhood market. It would be inconsistent for us to promote a drive-thru restaurant and at the same time be promoting a pedestrian friendly development. That is not part of our plan. We are more that welcome to communicate with any member of the public. We would like to share whatever we can with them. We want sidewalks and we want to promote sidewalks. There are requirements for sidewalks and those are bonded. You have to do the sidewalk at some point in time by ordinance, if they're not done by the individual property owners the developer often will do them or you can take the bond and the City can do it. As far as the sidewalks on 46th Avenue there would have to be a couple of things that would come into play there, we do not have the right as developers to require easements from those property owners. We can provide to you suggestions on things that we would pay for and things that we would be glad to develop that would go along our project. We ate not opposed to doing off site improvements on this project but we would need to know who the property owners are. We can't control the easements that will have to be done through the City. We would be glad to cost share with property owners or work to your satisfaction for that because this is a walk ability neighborhood. The more people that can walk to the shops the more vibrant it will be and the better long term success it is for the development as well as the City. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes September 18,2007 Page 14 of 43 I am not the expert to talk about drainage. There is a pre-existing impact the drainage has on a site, and then one must look at what happens after the development is put in, not just one phase but all phases. The drainage plan that we have that is being presented to the City actually reduces the impact of storm water and how it hits the natural waterways. We are trying to leave Tess impact and greater sustainability on this project specifically from a drainage issue. I can't account for any mosquitoes that may be in a drainage system. Detention ponds are put in everywhere. We are trying to reduce that by the idea of doing bio-swells and rain gardens. So the idea is obviously to lessen the impact upon that. Mr. Jacobs: It is probably between eight and ten feet in the center. Mr. Nock: These typically have very sloping walls because you're not talking about a ten foot drop that someone is going to fall into. Typically they are a graduated plane that has the deepest spot where the water is going to flow to when it is at the highest peak and will drain out from it when it gets to a point where it needs to drain to the creek. Mayor Coody: Is it a dry or wet detention pond? Mr. Jacobs: Dry. Mayor Coody: Dry detention pond. So it stays dry until it fills up with water. Mr. Nock: We are trying to minimize the creek from flooding by making it deeper. We can make it shallower but that has an impact on the project. Mayor Coody: Being a dry detention pond makes a big difference too. Alderman Thiel: Mr.. Estes brought up the point about performance bonds for the phases and for the detention part of the phasing which is a concern. Do you have a response to that? Mr. Nock: I don't know exactly what will be required but we will comply with that, if it is in the best interest to do a payment and performance bond to make sure that it is complied with. In my opinion that's something that is actually good both for the City and as well for us. I am not opposed to them. I would not be opposed to looking at that. Alderman Thiel: Is that something that we would have to add to this ordinance? Ron Petrie: I would recommend that, if that's something that the Council would like, I would recommend that it is specifically listed. City Attorney Kit Williams: You could do that as a condition of approval. I don't think it would be very difficult to write. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi l l e.org City Council Meeting Minutes September 18,2007 Page 15 of 43 Mr. Nock: The other thing is that the property owners' association will have a direct requirement to maintain the detention facilities as if it was any other common ground. Jim Garlock, Fayetteville resident: I appreciate your diligence in progressing with Fayetteville. Fayetteville is a great place to live. There are things that either made it a better or the worst place to live. Who wouldn't want more parks I just hope we have the money to keep them up. You can not like this subdivision the way it stands, it is a great look. I am very concerned about what happens out there because of the bottle necks and potential problems that I don't think have been discussed. The scale, 2025 Plan, and the timing, I think the timing of this may be the thing that should kill it. You don't have to drive around many places to know that Fayetteville has some subdivisions that are having problems. You want to see things happen in Fayetteville but you have to take things in stride. You have to think of what the mind set of the area is and go with what's going to help develop and mold the town in a better way. Commercial rates and housing rates are in a slump in Northwest Arkansas so the timing and all the subdivisions in that area are in question. During the planning phases in the 2025 Plan they alluded to the fact that the number of lots needed by 2025 is about 1,000 new lots to meet the growth. If you look at what has already been approved there are about 4,800 houses and lots that have been approved. We think we have the infrastructure. I question the developers that $199,000 will be the price point break. I would question an entry level position being able to afford that. There's no question that you've got to like the format and the look of it. Unfortunately I don't think we need four 70 foot towers in the middle of a grass land. I would propose to cut it down to two stories and make it more in line with the scape out there. I appreciate your diligence and hopefully we can remodel this in a more workable way. Jim Bemis, a Fayetteville residence: I live a five minute walk from this. The sidewalks and trails are not in place all around this operation. We haven't talked about what's going to happen in other developments. I bring you a plea from an older person about the need for the sidewalks and much more friendly traffic patterns out there for those who would like to get to this area walking or even driving. Rob Sharp, a Fayetteville resident: I will start by disclosing that I have worked on many projects with John Nock but I am here tonight as a member of the public. I want to talk a little bit about new urbanism. I had the privilege of going to the Congress of New Urbanism meeting. The meeting was great because you had planners, developers, architects and engineers all come together and talk about parking. A lot of what people in other communities are trying to do is to attract developments exactly like this. They'd say this looks great on paper and ask how can I get it in my town. Philadelphia gives awards to projects that are worthy of merit. There were hundreds of entries and two of those that won prizes were from Northwest Arkansas, one in Rogers and one in Fayetteville. Fayetteville is on the cutting edge of urban design and that is something we should be proud of and something we should continue. This type of project is something that balances the need of people and cars a little bit better than what we have in the conventional development. It costs more money to build alleys, to put parking under buildings, 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) acc es sfayett evi l l e.org City Council Meeting Minutes September 18,2007 Page 16 of 43 to do landscaped streetscapes with generous sidewalks and additional plantings. These things that the developers have shown are all things that are going to make the project better but it's also going to be more out of pocket money. They should be commended for bringing something that is of a higher quality level. I was out driving around today and went through some of the traditional neighborhoods, the conventional neighborhoods and what you see is a street, sidewalks, and then you see privacy fencing on both sides of the street. It looks like it's the most negative paranoid housing type you could have. There's no one sitting out in their front yard, on their front porch, a lot of the streets are just lined by privacy fencing. That is what this project doesn't have. This is a very open development and connects in a lot of ways to what's around it and I think that's admiral. Another thing I think is really important that the City needs to address, not particularly in this project but overall, is the preservation of our nature environment and working farms. It's something that needs to be done on a community wide basis. This project does a good job integrating green space. The City as a whole should be very interested in that. I want to stress that renters are citizens as well. I think the way this development is lined up it is going to be a nice project no matter what the income level or whether they will be renters or owners. I don't think this property should be discriminated against because it has some tenant living or multi family living. I think it can be a really attractive and nice project for Fayetteville. Alderman Thiel: I think they have addressed the phasing issues. I don't know what we could do about the 46ffi Street access unless we eliminated it and I don't think that is good for connectivity. The one thing that concerns me is it looks out scale, the height of these buildings for where it is located. A discussion followed on the height of the buildings and other projects that have been approved in this area and the height of those projects. Hank Broyles, developer: These buildings are not 70 foot buildings. The Planning Commission approved these buildings at 56 feet and they are allowing 6 feet to put air conditioning units on the roof. The height that is approved for a two story is 48 feet so this is not much higher than you would have on a two story home. Alderman Allen: I think this looks really great, I like the way that it looks but it seems to me like that it is something that is not there yet, and we are not ready to have this yet. I had concerns about the Links, I felt that was too massive and too far out and this is beyond that. Our infrastructure doesn't seem ready to withstand these things. I have some concerns about it being too large and out of scale and the height. I don't think that infill extends to the Oklahoma line. I am not sure what we call infill and when it becomes sprawl. Alderman Lucas: This has been a real struggle because it looks pretty. We have heard these same things about other developments. The taller buildings that Jeremy talked about are close to I-540. This is much farther- out on Wedington. It strikes me that it is just dropped in the middle of a neighborhood and it is not compatible. The height and the density doesn't seem to fit. I am also concerned about the drainage. I.worry about 46t1i Street and sidewalks that need to be there. The traffic is also a concern. I like the idea of a performance bond. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes September 18,2007 Page 17 of 43 Alderman Jordan: My concerns have been what we have heard at the Ward meetings and from the residents in that area. I like the development and think it goes along with our 2025 Plan. I have concerns about the scale or height of the buildings. We are beginning to see subdivisions that are not being built after we have approved them. Some of the concerns that I have heard are the traffic on 46th Street and the drainage issues. Hopefully the drainage can be addressed in time. When I was looking at the 2025 Plan they said we needed to discourage urban sprawl. It also said that in a lot of these areas there would be a need to increase road impact fees for far flung locations beyond designated infill areas which that did not occur. I think it is a good development. Those are the concerns that have been brought to us from day one. Mayor Coody: Should we add the performance bond as a condition of approval before we go any further on this. City Attorney Kit Williams: Yes, you could do that if you wanted to. You could amend the conditions of approval and add that. Hank Broyles: This is a little bit tricky. We have some legal issues to look at on setting up a - bond. We are in favor of it. My recommendation is that we table this to the next meeting. We have some solutions I think. That would give us the chance to look at it. If the homeowners along 46th Street would donate the land we would be glad to do a sidewalk down there. Mr. Ziada: There is 70 feet of right of way on my property and my neighbor to the north. There is plenty of room and no need for an easement. J Alderman Thiel: I think it is a good idea to hold this. Alderman Jordan moved to tabled the ordinance to the October 2, 2007 City Council meeting. Alderman Lucas seconded the motion. Upon roll call the motion to table passed unanimously. This ordinance was Tabled to the October 2, 2007 City Council meeting. Amend Chapter 96 Noise Ordinance: An ordinance to Amend §96.05 Motor Vehicle and Motorcycle Sound limit by adding a new Subsection (E) to prohibit excessive engine revving. This ordinance was left on the Third Reading at the September 4, 2007 City Council meeting and Tabled to the September 18, 2007 City Council meeting. Chief Tabor: I don't have anything new to add. Alderman Allen: As you might recall I had some comments a couple of weeks ago. I'll be more succinct this time. I did quite a bit of research in the last two weeks. You might recall that I said that I don't like revving and I don't think anyone does. My emails say that they don't. I want us to be able to have a quiet city too but I have a lot of concern about the constitutionality of this. I talked to an awful lot of people that are authorities in this field and they feel that it's vague and unconstitutional. I checked with Daytona Beach and other folks that have motorcycle 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes September 18,2007 Page 18 of 43 events. I asked if they had any sound ordinances and they did. They measure it by sound meters because they felt it would be unconstitutional and that their police force and city would be tied up in litigation. I would like to amend the ordinance, Section (E) to read "No person shall operate or cause to be operated a motor vehicle or motorcycle by rapid advancing or throttle (revving) by police using revving meters to measure from 25 feet. " Alderman Cook: You mean decibel meters? Alderman Jordan: I'll second that. Alderman Allen moved to amend the ordinance to have decibel meters at 25 feet from a revving motorcycle engine. Alderman Jordan seconded the motion: Mayor Coody: We have a motion and second to amend this to where you have to have decibel meters at 25 feet from a revving motorcycle. City Attorney Kit Williams: I should note that in the current ordinance that the police sought to change actually has a reference to decibels at 25 feet. Alderman Allen: Right but it's a certain period of time. My amendment would allow that if they measured from 25 feet of their revving then you could either warn or ticket the revver. Chief Tabor: I'm having a hard time seeing how your amendment is different from what we currently have. Alderman Allen: I thought that you had to be able to use the sound meter in order to ticket or warn and that it had to be from 25 feet and it had to be 30 seconds? City Attorney Kit Williams: The ordinance does not have a time limit. What the police officer that came and presented said that it takes them a while to use the noise meter to make sure they're not hearing other noise, that they're hearing the noise from the motorcycle revving. There's nothing in the ordinance that has a time limit on it. It's just the operation of the noise meter itself. Chief Tabor: That's correct. I don't think there's a time. They just have to have a sustained reading. Alderman Allen: I guess what I'm trying to achieve is a way by which we measure it rather than it being arbitrary because I have a lot of concern about how that could be problematic for the police force and the City. Chief Tabor: I'm not sure where the confusion is on the Daytona Beach ordinance or who you spoke to. What we provided to Kit was right out of Daytona Beach's ordinance. If it's the 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org