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HomeMy WebLinkAbout1993-03-02 MinutesMINUTES OF A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Wednesday, March 2, 1993, at 6:30 p.m. in the Council Room of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. PRESENT: Mayor Fred Hanna; Aldermen Kit Williams, Conrad Odom, Woody Bassett, Fred Vorsanger, Len Edens, Joan Chapman, Heather Daniel, and Stephen Miller; City Attorney Jerry Rose; City Clerk -Sherry Thomas;. City Treasurer Glyndon Bunton; Administrative Services Director Ben Mayes; Public Works Director Kevin Crosson;Planning Management Director Alett Little; members •of Staff, press, and audience. CALL TO ORDER Mayor Hanna called the meeting. to order with eight aldermen present. STATE OF THE CITY REPORT Mayor Hanna gave the first annual Mayor's State of the City Report. He outlined the accomplishments for 1992 and discussed the future of the City of Fayetteville. A copy of his report is attached to these minutes. ANNUAL TREASURER'S REPORT" • City Treasurer GlyndonyBunton ,gave+ the first annual City Treasurer's report. He stated the accounting, -auditing, and budget and research departments were doing a fantastic job for the City. The budgeted revenues for`1992 were $11.3 million but the actual revenues were $11.8 due to increased county sales tax collection which was up 11.2% over 1991. 'He stated the HMR tax collection was at $659,000 which is up about 13.98% over. 1991 collections. The City .also received $5.961 -million in sales tax collections, $700,000 in Community Development Block Grant funds, approximately $6.8 million in water, sewer, and sanitation fees, and $340,000 from the state for convention center turnback revenues. ..Bunton outlined the year end figures as presented in the December 31, 1992 financial statements. OLD BUSINESS Mayor Hanna introduced consideration of items that have been brought before the Council but were tabled or no decision made to allow further information to be presented. A. An appeal of a decision on Rezoning Petition R93-1 by the Planning Commission denying rezoning of 47.86 acres as submitted by Dennis Smith on behalf of Randall Garrison and represented by Truman Yancey for property located north of Wedington Drive and YO March 2, 1993 vest of Rupple Road from R-1, Loy Density Residential, to R-2, Medium Density Residential. The Planning commission voted 6-3-0 to deny the rezoning. The applicant pointed out three reasons he considers the Planning Commission was in error when they denied the rezoning, and he is requesting the City Council reconsider this rezoning request. This item was tabled at the February 17 meeting to allow time for the Aldermen to view the location. Truman Yancey, representing Mr. Garrison, stated he believed the Planning Commission erred in that the reasons for rejecting the rezoning request were (1) increased traffic problems and (2) the possibility of inferior housing. He stated the roads are inadequate, but nothing has been proposed to solve the situation until there is more traffic flow which will create the required numbers for the State Highway Department to allow a traffic light to be installed. The argument that increased density affects the quality of life may or may not be true. R-1 zoning allows an 8,000 square foot lot. One argument is that by purchasing a smaller, less expensive lot, this allows for more of the consumer's money to be put into the quality of the home he builds. R-1.5 and R-2 allow 6,000 square foot lots. In this area of Wedington, there is an established pattern of development of relatively high density residences. His client desires to extend the area where affordable housing can be constructed which seems to be happening in this area. Mr. Yancey stated his client would like to rezone 6 2/3 acres to R- 2 and the balance of the land, or 41.5 acres, to R-1.5. Alderman Chapman stated affordable housing seems to be one of the goals of the area. She asked if Mr. Yancey knew the price range of the proposed housing. Mr. Yancey stated this was still in the planning stage. His client intends to build a suitable mix of duplexes and multifamily dwellings. Alderman Miller asked how many units would be rentals versus owner occupied. Mr. Yancey stated this had not yet been decided. Alderman Vorsanger stated he feels the split zoning as requested would be a workable and equitable solution. This would be graduating the zoning back to R-1. City Attorney Rose stated this is an appeal of the decision of the Planning Commission. The Council has the power to approve a rezoning that was different than what was requested before the Planning Commission; however, that is not giving the Planning March 2, 1993 Commission the opportunity to respond or to give members of the public time to respond. Alderman Williams asked if the Planning Commission had discussed the. possibility of a split zoning. Little stated they had and two of the Planning Commissioners said they could support R-1.5. Alderman Daniel stated she was concerned about the quality of life in the Wedington area. Alderman Bassett stated he felt Mr. Yancey's proposal was reasonable taking into consideration the surrounding land use. The bulk of the rezoning would be R-1.5 which is consistent with the adjacent land. He stated the fundamental thing Staff needs to do is move with all due speed toward getting a Master Plan and a General Use Plan completed. Alett Little and her staff are working hard on this. There is a lot of growth in this area, and there are some legitimate concerns in the area regarding traffic. However, he stated the Council is aware and concerned about this. He encouraged the state to look at the needs for Wedington Drive. Millard Goff., a resident of the area, addressed the Council. He stated this area is really developing, and he figures it is just its time to do so. Adequate water and sewer lines are in place for the growth. He stated there is a difference in people who live in the area making developments versus speculators telling citizens what is good for them. He stated small lots will be mixed in with large lots. There will be $40,000 and $50;000 homes that will become rentals. He asked if this same type ofdevelopment would be considered if it were in the vacant field Ain front of Charter Vista. The master plan will be too late for 'this area. He stated there is -not that much of a push to approve all of these rezonings. He agrees that the land should be developed, but the effects of everyone should be considered with the. type of development. Wilson Kimbrough, a resident of Ward' 4 for about 35 years, addressed the Council.; He stated thejmaster plan is not ready, yet, and there is no procedure for; the citizens to look at and assess if it is beinq. properly followed regarding these rezonings. The council has made some speedy decisions in the past few months. He feels the entire area is destined on"becoming too dense; and he opposes the rezoning.';` Alderman Williams asked if the city requires the developers to build connector streets; for instance, to connect with Rupple Road. - s Little stated staff was concerned about=there being only two exits from this area and both,of,them are tothe south.. She reminded the Council they are considering land use. At the development stage, 49 March 2, 1993 the City can require the developer to pay his fair share of the costs in building connector roads, etc. Alderman Chapman stated this appeal is different from the rezoning request that was presented to the Planning Commission. If the City is to be strict about procedures and show respect for the Planning Commission, she feels this should be returned to the Planning Commission. Alderman Williams stated he would normally agree, but in this case, public notification has been given about the request before the Council. He did not feel the Council would be going around the Planning Commission. Alderman Edens stated the Planning Commission has recommended 10 acres to be rezoned to R-2, and the Council is being asked to consider R-1.5 in a later item on this agenda. Alderman Chapman stated she felt this should be returned to the Planning Commission because it was dealing with 47 acres which makes a decision more significant. Alderman Vorsanger stated he has mixed emotions about this. He sympathizes with both Mr. Goff and Mr. Kimbrough. These types of things are happening all over the City. It is growing faster than the infrastructure can keep up. About a year and a half ago, people came before the Board of Directors to complain about the traffic on Wedington. The Fire Chief states he can service the area, but they would probably require an additional fire station. On this agenda tonight, the Council is being asked to annex an additional 75 acres into the City. Vorsanger stated he was proposing a moratorium onannexation and rezoning until the City has a Master Plan in place. Vorsanger, seconded by Chapman, made a motion to impose a moratorium on rezoning and annexation until a new Master Plan has been adopted. Alderman Chapman stated she agrees because people are working hard on the Master Plan, but it is not yet ready. The Council has several parcels tonight to consider for rezoning. She stated she would feel more comfortable with more guidance from the Master Plan on the development of the City. Alett Little stated the City does have a Master Plan, but it is in progress of being updated. This area was not in the City at the time of the old Master Plan. She has a draft ready of the revised plan and will be bringing it for public comment during this month. There are adequate water and sewer lines in this area to handle the growth and development. Proposing a moratorium is serious, and she would prefer the Planning Commission have a chance to consider this issue. 1 March 2, 1993 Mayor Hanna stated there.is a large scale. development fixing to come before the City, and this could have. more implications.. He urged the aldermen to change the motion to only include the Highway 16 west area. Alderman Vorsanger stated he would like to•include the area outside Highway 45. Alderman Williams stated he supports Alderman Vorsanger because he does not want to see development in piecemeal fashion. He stated the Council can always lift the moratorium. He stated it was not fair to single out Mr. Yancey's client, so the moratorium would have to be for the whole City. '1 • • $ Alderman Odom stated asked if theirequested rezoning was compatible with the draft of the Master,Plan.-' • Little stated it was. The proposal -by the petitioner shows quite a lot of responsibility by limiting the majority of the rezoning to R-1.5. Alderman Edens stated this rezoning does conform to the draft of the Master Plan. • Alderman Bassett stated the City needs the general use plan, and everyone knows this and is,in favor of the plan. He is concerned about a blanket moratorium shutting down everything in the City. He stated usually it takes about 6 months longer than expected for this City to get a project completed. He feels a moratorium is not a good way to operate. Alderman Daniel stated she supports Alderman Vorsanger's idea. She hates to vote on land use without the assistance of a Master Plan because you can't go back and undo a decision. Alderman Miller stated he liked Alderman Vorsanger's idea. The City is growing too fast and losing control of the Lake Wedington Road area. He has qualms about a blanket moratorium, but if a moratorium was put on only selected areas, the City might be sued because of this type of discrimination. Alderman Bassett stated the City has an excellent set of guidelines. We can make a better and more rigorous set of standards, but we can't shut off growth. He does not see any reason to shut down the process because of only one area. Alderman Vorsanger stated his motion was to declare a moratorium on annexation and on rezoning of residential properties until the Master Plan is approved. Upon roll call, the motion passed by a vote of 5 to 3, with Aldermen Odom, Bassett, and Edens voting no. March 2, 1993 Mayor Hanna stated the appeal before the Council has been automatically denied. CONSENT AGENDA Consideration of items which may be approved by motion, or contracts and leases which can be approved by resolution, and which may be grouped together and approved simultaneously under a "Consent Agenda": A. Minutes of the February 17, 1993 regular City Council meeting. B. A resolution authorising the Mayor and City Clerk to act as the City's agent in completing acquisition and relocation in Phases 2, 3, 4, and 5 of the Airport Land Acquisition Project in accordance with the Federal Uniform Relocation Act. This is the last portion of the acquisition project. This resolution will allow the Mayor or his representative to execute all necessary documentation to compensate owners for their easement/property offers, relocation expenses, moving expenses, and closing costs. RESOLUTION 30-93 As RECORDED IN THE CITY CLERK'S OFFICE C. A resolution approving year end budget adjustments reallocating previously budgeted expenditures within the Water Mains Maintenance Program and Sewer Maintenance Program and to increase funding in the Parks Maintenance Program. Parks Maintenance is requesting additional funds to cover costs incurred due to extra mowing and cleanup activities during 1992 because of the longer growing season in 1992. RESOLUTION 31-93 AS RECORDED IN THE CITY CLERK'S OFFICE D. A resolution approving the roll -forward of funds to cover the cost of completing budgeted 1992 projects that were not complete as of December 31, 1992. RESOLUTION 32-93 A8 RECORDED IN THE CITY CLERK'S OFFICE Vorsanger, seconded by Odom, made a motion to approve the consent agenda. Upon roll call, the motion passed by a vote of 8 to 0. TWIN CITY TAXI. INC. Mayor Hanna introduced consideration of a resolution approving the transfer of the Certificate of Public Convenience and Necessity from Code Eleven, Inc., dba Twin City Taxi, stockholders Mike and Lori Neville, to Twin City Taxi, Inc., sole shareholder, Wallace McIntyre. 1 March 2, 1993 Pursuant to Sec. 177.35 of the City Code, the Council is to convene as the Public Transit Board and authorize the transfer of the Certificate of Public Convenience and Necessity to the new owners of the taxi service. City Attorney Rose stated this could be done:by a simple motion rather than by resolution. This is simply the sale of the taxi business to Mr. Mclntyreewho has, furnished all of the needed requirements for the transfer of the 'Certificate of Public Convenience and Necessity.- Alderman Miller asked if there would be a change in the service of the taxi company. Rose stated according to the information supplied by Mr. McIntyre, there would be no changes. i P Williams, seconded by Miller;,made a motion to approve the transfer of the Certificate of Public Convenience and Necessity. Upon roll call, the motion passed by a;,,vote of 8 to 0. t PARKS & RECREATION AND SIGN ORDINANCE AMENDMENTS An ordinance amending Sec. 97.088 (Parks & Recreation) and Sec. 158.37 (Sign Ordinance) of the City Code'to'allow signs on the baseball/softball fences and. scoreboards. a - 1 The Youth Baseball Association has requested permission to erect business sponsored signs on the baseball fields and scoreboards in order to generate funds for the baseball program. The Parks and Recreation Advisory Board recommends this amendment to the Parks and Recreation and sign ordinances. Alderman Miller stated he had attended the Parks and Recreation Advisory Board meeting, and he sees this as a good method to provide athletics for kids. He commended the groups for not coming before the City Council asking for funding. He stated there would be no drug and/or alcohol advertising. City Attorney Rose read the ordinance for the first time. Williams, seconded by Miller, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 8 to 0. City Attorney Rose read the ordinance for the second time. Williams, seconded by Miller, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3677 APPEARS ON PAGE 362_ OF ORDINANCE. BOOR X X VI March 2, 1993 REZONE R93-4 Mayor Hanna introduced consideration of an ordinance rezoning 10 acres located north of Wedington Drive and west of Rupple Road from R-1, Low Density Residential, to R-1.5, Moderate Density Residential, as requested by Dave Jorgensen on behalf of Dr. James Moore. The Planning Commission voted 8-1-0 to recommend rezoning. Vorsanger, seconded by Miller, made a motion to table indefinitely this item. Alett Little stated there were a number of people here tonight to address the rezoning on the agenda. She suggested the Council might like to hear their comments. Dave Jorgensen, representing Dr. Moore, addressed the Council stating he had toured all of the areas, and most of the properties are on the south side of Wedington. Wedington was a rural area that began to develop into 5 acre tracts. This would be nice to have, but not everyone can afford the luxury of that much land. The Planning Commission denied R-2 zoning, so the petitioner revised the request to R-1.5 for 10 acres north of the Carriage Way development. He feels this request is conforming to the surrounding area. His client wants to build duplexes similar to the ones in Northwest Acres Phase I which is to the south. If the land were developed as R-1, they would have trouble selling single family units in an area consisting of mostly duplexes and triplexes. Mr. Jorgensen stated the Planning Commission had a request for a trailer park in this area the night this request came before them. There were a lot of people concerned about this and the traffic on Wedington. The traffic problems are not unique to Wedington. Several other locations in town have similar problems. He stated the Council has shut down development for the City of Fayetteville. The Master Plan will probably be completed in a shorter time period than planned in order to hurry up and get the moratorium lifted. When the plan is complete, he believes the Council will be seeing this exact same request because this is the best use of the land and conforms with the surrounding land use of the area. Alderman Williams stated he appreciates the fact that Mr. Jorgensen went back to the Planning Commission with the modified request to rezone to R-1.5. The Council felt you were right and that this request probably would have been approved tonight. He hopes Mr. Jorgensen will bring this plan back as soon as the Master Plan is ready. Alderman Miller stated he agrees, but he is not an expert in city planning and wants to wait until the master plan is ready. 1 March 2, 1993 Alderman Bassett told Mr. Jorgensen that he felt he got the shaft from the Council tonight. Alderman Edens agreed. Kennith Wentz, owner of property that was on the agenda for a rezoning request, addressed the Council. He stated he has sold his property which is scheduled to close in 3 days pending this rezoning. He is being penalized, and what he is doing is a lot different from what the Council is trying to control. He is taking most of the money from the sale of his property and reinvesting it in his business that is in Fayetteville. If this sale does not go through, he will be put out of business. Alderman Vorsanger asked City Attorney Rose how the Council could help this man. City Attorney Rose stated your actions will be judged on the basis of being arbitrary and capricious in your decision making process. You have placed a high value on the Master Plan. Alderman Chapman stated she: felt this was a hardship case and was not the target this Council was aiming at. This is a rezoning request from A-1 to R-1. She would like to alter the moratorium to exclude R-1, low density residential, rezoning. Alderman Bassett stated he„felt Alderman Chapman had just defined arbitrary and capricious. Mayor Hanna property is pattern. He rezoning. stated A-1, agricultural,.is"the zoning at which a brought into.,the City. It is basically a holding feels the moratorium is inappropriate for this type of t ! Alderman Vorsanger stated he would like to clarify his motion to state the moratorium should -be on annexations and rezoning other than to R-1 or commercial. Vorsanger, seconded by Chapman, stated he wanted to make a motion to approve the clarification to the moratorium which he had just stated. • Upon roll call, the motion to clarify the moratorium passed by a vote of 8 to 0. Upon roll call, the motion to table the item passed by a vote of 8 to O. REZONE R93-5 Mayor Hanna introduced consideration of an ordinance rezoning 3.34 acres located on the west side of 46th Avenue and south of Wedington Drive (723 N. 46th Avenue) from A-1, Agricultural, to.R- March 2, 1993 1, Low Density Residential, as requested by Kennith and Brenda Wentz. The Planning Commission voted 9-0-0 to recommend rezoning. Alderman Odom stated he felt this was not a hardship case rather the Council would be hearing form many more with similar situations. Alderman Miller stated he would like to have the Master Plan presented to the Council at the next meeting. Alett Little stated that simply was not possible. Alderman Edens stated he was against the moratorium, but he had to vote for it so this man could sell his home. This will have a domino effect, and there will be a period in Fayetteville when everything shuts down and the Council will be putting people out of work. Alderman Bassett agreed and stated it was unfair to ask Alett Little to come to the next meeting with the plan. There has to be time for public debate of such an important document. This cannot be done in a 2-4 week period. City Attorney Rose read the ordinance for the first time. Miller, seconded by Williams, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 8 to 0. City Attorney Rose read the ordinance for the second time. Miller, seconded by Vorsanger, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3678 APPEARS ON PAGE 3(.3 OF ORDINANCE BOOK X X VI REZONE R93-6 Mayor Hanna introduced consideration of an ordinance rezoning .25 acres located on the north side of W. 6th Street and west of Hill Street from R-2, Medium Density Residential, to C-1, Neighborhood Commercial, as requested by Marshall Dale Evans. The Planning Commission voted 8-1-0 to recommend rezoning. Alett Little stated the original request was to rezone to C-2, and the property abuts 6th Street. Alderman Miller stated this would not be included in the moratorium because it was rezoning to commercial property. 1 1 March 2, 1993 City Attorney Rose read the ordinance for the first time. Bassett, seconded by Miller, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 8 to 0. City Attorney Rose read the ordinance for the second time. Bassett, seconded by Miller, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3679 APPEARS ON PAGE 34f OP ORDINANCE BOOK XX✓I REZONE R93-7 Mayor Hanna introduced consideration of an ordinance annexing 62.5 acres and an ordinance rezoning a total of 75..acres located on the north side of Wedington and west of Carlesbad from A-1, Agricultural, to R-1.5, Moderate Density Residential, as requested by Truman Yancey on behalf of Lloyd Pond, James & Barbara Pond, and West Ridge Baptist Church.. Staff recommends approving the annexation as requested and approve rezoning .to R-1, Low Density Residential,•or a combination of R-1 and .R-1.5. The Planning Commission voted 9-0-0 to approve the annexation, voted 7-2-0 totrecommend rezoning to R-1. Truman Yancey stated the moratorium recently proclaimed would not allow the annexation, and his clients would'prefer the Council consider both requests at the same time. Vorsanger, seconded by Miller, made a motion to table indefinitely. Upon roll call, the motion passed by a4vote of 7 to 0, with Odom voting no. VACATION V93-2 • 1 Mayor Hanna introduced consideration of an 'ordinance approving vacating a portion of the north -south alley, in the 700 block of West Cleveland Street as requested by Collier Pierce. Staff recommends approving the vacation as requested subject to the retention of a 20' easement along the length -of the portion to be vacated. The Planning Commission voted 9-0-0 to recommend the vacation and affirmed the Staff recommendation. Alderman Miller pointedout there was no actual alley there to be giving up. City Attorney Rose read the ordinance for the first time. Williams, seconded by Miller, made a motion to suspend therules March 2, 1993 and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 8 to 0. City Attorney Rose read the ordinance for the second time. Miller, seconded by Williams, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3680 APPEARS ON PAGE 3(11 OF ORDINANCE BOOKp(VI VACATION V93-3 Mayor Hanna introduced consideration of an ordinance vacating a portion of Andrew Avenue located south of Assembly Road and a portion of Lafayette east of Tanglewood as requested by Mike Sweetser. Staff recommends approving the right of way vacations as requested subject to the retention of a utility easement over the entire area being vacated. The Planning Commission voted 9-0-0 to recommend the vacations and affirmed the Staff recommendation. City Attorney Rose read the ordinance for the first time. Miller, seconded by Odom, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 8 to 0. City Attorney Rose read the ordinance for the second time. Bassett, seconded by Miller, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3681 APPEARS ON PAGE 34 7 OF ORDINANCE BOOR X)(1/ TREE PROTECTION ORDINANCE Mayor Hanna stated the tree protection ordinance would be going before the Planning Commission at their March 8, 1993 meeting. OTHER BUSINESS HOUSE BILL 1347 Alderman Chapman stated she would like the Council to adopt a resolution opposing House Bill 1347. It would be contrary to Act 752. It would encourage expansion of landfill facilities that would not be included in the plans of the waste management districts. This would be a piece of special interest legislation that would be for the benefit of only one company. If passed, this 1 • March 2, 1993 bill would limit planning in terms of environmental concerns, and other private companies would be closed out. The resolution the City Attorney has prepared tracks the one passed by the Quorum Court. Vorsanger, seconded by Odom, made a motion to approve the resolution. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 33-93 AS RECORDED IN THE CITY CLERK'S OFFICE SPRING INTERNATIONAL LANGUAGE CENTER Mayor Hanna stated the Spring International'Language Center at the University of Arkansas is looking for host'families. The students will be here for about 3 to 4 months. The host families would receive $300-$400 per month to assist in room and board. COUNCIL MEETING DATE CHANGE Alderman Williams stated he and Alderman Daniel would be out of town during Spring Break• when the 'next'.regular meeting is scheduled. He proposed rescheduling the meeting for March 23. Williams, seconded by Daniel, made a motion to reschedule the meeting. Upon roll call, the motion passed by a vote of 8 to 0. ADJOURNMENT • The meeting adjourned at 8:38 p.m. f •