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HomeMy WebLinkAbout1993-11-02 MinutesMINUTES OF A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was:held on Tuesday, November 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 Joe Box, Heather Daniel, Stephen Miller, Kit Williams, Conrad Odom, Woody Bassett, Fred Vorsanger, and Len Edens; City Attorney Jerry Rose; City Clerk Sherry Thomas; City Treasurer Glyndon Bunton; Administrative Services Director Ben Mayes; Planning Management Director Alett Little; Public Works Director Kevin Crosson; members of staff, press, and audience. CALL TO ORDER Mayor Hanna called the meeting to order with eight aldermen present. PUBLIC SERVICE RECOGNITION AWARD PRESENTATION Mayor Hanna presented Margaret Parrish with the first Public Service Recognition Award from the City of Fayetteville in honor of her lifetime of community service. - 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. , PEARSON-CARNEY LAWSUIT SETTLEMENT City Attorney Jerry Rose stated the Council had authorized at a special City Council meeting on October 26, 1993, settling the Pearson Carney lawsuit for $80,000, which was $20,000 above the amount the City originally deposited with the court, but also $20,000 below the amount Pearson and Carney had been requesting. Pearson and Carney have accepted the $80,000 settlement figure. Rose stated the Council needs to approve a budget adjustment in the amount of $20,000 for the final payment and to settle this lawsuit. Odom, seconded by Williams, made a motion to accept the $80,000 settlement offer and approve a budget adjustment in the amount of $20,000. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 113-93 AS RECORDED IN THE CITY CLERK'S OFFICE CONSENT AGENDA Mayor Hanna introduced consideration of items which maybe 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": November 2, 1993 A. Minutes of the October 19, 1993 regular City Council meeting. B. A resolution authorizing the execution of a Warranty Deed to Wheeler Motor Company for a part (south 75 feet) of Lot 5, Maple Crest Addition to the City of Fayetteville, which was purchased from the City in September of 1967. The City purchased Lots 5, 6, & 7 in 1964 and built Fire Station $4. Lot 5 was not used, bids were taken, and Lot 5 was sold to Wheeler Motor Company. Mr. Wheeler lost the original deed, and it has not been recorded. He is requesting the City issue a replacement deed to him for this property. RESOLUTION 114-93 AS RECORDED IN THE CITY CLERK'S OFFICE C. A resolution approving payment of $7,000 to RM Plan Group as additional compensation for project management services of the Walton Arts Center Parking Improvements Project. RESOLUTION 115-93 AS RECORDED IN THE CITY CLERK'S OFFICE D. A resolution accepting the actual amount of interest earned, $7,987.23, as settlement and in full satisfaction of the pre - and post -judgment interest awarded in lawsuit with Mount Olive Water Association. The actual interest awarded by the court was $15,415.07, but in the interest of being good neighbors, it is recommended to accept the actual amount of interest earned on the money as settlement in full of the lawsuit. RESOLUTION 116-93 AS RECORDED IN THE CITY CLERK'S OFFICE Williams, seconded by Vorsanger, made a motion to approve the Consent Agenda. Upon roll call, the motion passed by a vote of 8 to O. REZONE R93-46 Mayor Hanna introduced consideration of an ordinance rezoning 1.51 acres located on the west side of Crossover Road and south of Mission Boulevard from C-1, Neighborhood Commercial, to C-2, Thoroughfare Commercial, as requested by David Jorgensen on behalf of Danny Villines. The Planning Commission voted 7-0-0 to recommend the rezoning. Alett Little stated staff is forwarding the Planning Commission's recommendation to the Council. The purpose of the rezoning is to allow retail development along Crossover Road. There will be a mini storage unit located at the rear of this property. November 2, 1993 City4•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, and the City Attorney read the ordinance for the second time. Odom, 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. Alderman Vorsanger stated he had no objection to the rezoning, but he reminded planners and other City departments that this is probably one of the most congested roads in the City. This road will be four-laned in the next year or so, and he hopes the developers and City Staff will do everything possible to improve the traffic situation. Little stated Staff is aware of of this property, the City will There will be five commercial Highway 265. They negotiated shaped drive in front of these instead of the usual five. this problem, and with the rezoning be getting additional right-of-way. lots that would have had access on with the developer to build a "U" business and have only two accesses Upon roll call, the rezoning passed by a vote of 8 to 0. ORDINANCE 3733 APPEARS ON PAGE Y' REZONE R93-47 OP ORDINANCE BOOR X X V 1 Mayor Hanna introduced consideration of an ordinance rezoning 1.51 acres located on the north side of 24th Street and east of South School from R-1, Low Density Residential, to R-1.5, Moderate Density Residential, as requested by Barry Baker. The Planning Commission voted 5-2-0 to recommend the rezoning. Alett Little stated this property is located along 24th Street. The owner has a total of 7 acres and will develop 5 duplex lots. Mayor Hanna asked if there would be 5 driveways. Little stated the developer has not brought the subdivision plan in to the office yet, but the Planning Department hopes to work with the developer and try to limit the number of accesses. Alderman Williams stated he would like to see a turning lane at the corner of School and 24th. He asked if Ms. Little was aware of any work in this regard. Little stated she was not aware,of•any, but she would forward his request to the Traffic Department. November 2, 1993 Alderman Miller asked if this would be on the same water and sewer systems as the Masters Subdivision. Little stated it would; however, the duplex development is located at a much lower elevation, and there should be no problems with the utilities. City Attorney Rose read the ordinance for the first time. Odom, seconded by Box, 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, and the City Attorney read the ordinance for the second time. Williams, seconded by Odom, 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 3734 APPEARS ON PAGE f4 OF ORDINANCE BOOK XX "1 TRAIL PLAN POLICY Mayor Hanna introduced consideration of a resolution adopting the Trail Plan Policy and formation of a trail committee to research possible sites and types of bicycle trails. The Planning Commission voted 6-1-0 to recommend to the City Council the initiation of the pilot project and the formation of the trail committee. Alett Little stated this work was done by a landscape architect student at the University of Arkansas, Kim Hesse, who did quite a bit of research which included looking for suitable areas of Fayetteville for bicycle trails. Little stated there were several goals considered when developing this plan. Those included routes that would connect to a county bikeway system, special attention for the same commute of grade school children as well as community and recreational bicyclists, education programs for safe bicycle riding, and trails connecting public green spaces. This project was funded through the Arkansas Highway and Transportation Department for Enhancement funds under ISTEA (Intermodal Surface Transportation Efficiency Act). Little stated the plan recommends routes and signing along current City roads. If there is enough room, a bike lane could be lined off. The safest method is to have separate trails from the road surface. The Planning Commission would like to initiate a pilot project. The City has received donations of land to be used for trails. This will be partially funded by the Capital Improvements Projects fund, but this money can be stretched with the help of public donations. The plan calls for establishing a committee to help study where the trails should be and what type to build. The committee should consist of representatives from the Planning Department, the Public Works Department, the Planning Commission, ;November 2, 1993 the school( and Aldermen Heather Daniel and Stephen Miller have volunteered to serve on this committee. lb/ Alderman Miller asked if this plan was designed basically for neighborhood streets only and not major traffic thoroughfares. Little stated that was correct. Alderman Williams thanked Kim Hesse the City and thanked Alett Little funded the study. who created this document for for obtaining the grant that Alderman Bassett stated he wanted to echo Alderman Williams, and stated there are a lot of citizens who are interested in bike trails. ',i . . Alderman Vorsanger stated he thinks this is an excellent report. He has had several phone calls concerning the safety for young adults using the bike trails. 'In Kim Hesse's report, 38% of the people she talked with felt this might be a little dangerous. The Gulley Park trails are exposed to traffic. He wants to make sure trails that are close to traffic are marked well. Alderman Daniel stated she felt this was very exciting for the City of Fayetteville. • Mayor Hanna stated he has had a number of citizens wanting to get involved with lake and river land they want developed into walking parks. The Ozark Society is working on Lake Wilson. Doris Culver stated she is concerned that the trails be wheel chair accessible. Mayor Hanna stated the City's ADA (Americans with Disabilities Act) policy will cover this, and accessibility will be taken into consideration. Bassett, seconded by Odom, made a motiontoapprove the Trail Plan Policy. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 117-93 AS RECORDED IN THE CITY CLERK'S OFFICE CABLE RATE REGULATIONS Mayor Hanna introduced consideration of an ordinance adopting the Federal Communications Commissions rate regulations ensuring a reasonable opportunity for consideration of views of interested parties and for other purposes. City Attorney Jerry Rose stated the City Council passed a resolution that allowed the City to seek certification from the FCC to regulate rates. One of the provisions of the FCC certification • November 2, 1993 process was that the City would listen to the view of interested parties. This has been done, and the City is now ready to adopt this ordinance. City Attorney Rose read the ordinance for the first time. Miller, seconded by Daniel, 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, and the City Attorney 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. Upon roll call, the emergency clause was approved by a vote of 8 to 0. ORDINANCE 3735 APPEARS ON PAGE Yl OF ORDINANCE BOOR XX VI ENTERPRISE ZONE Mayor Hanna introduced consideration of a resolution endorsing the participation of Hanna's Potpourri Specialties, Inc., in the Arkansas Enterprise Zone Program of 1993. The City has passed similar resolutions for various businesses and enterprises in the past. This program will allow Hanna's Potpourri to take advantage of certain tax advantages for firms located in the enterprise zone. Alderman Box stated he had met with Bert and Thad Hanna and with the Arkansas Industrial Development Commission about the types of assistance available to Hanna's Potpourri to expand their business. Hanna's has been very successful in running their business, and basically the only type of assistance that can be offered to them is the Enterprise Zone Program. This will allow them to receive some tax breaks for the purchase of capital equipment and plant expansion. They will also be able to take some tax credits on the new employees hired as a result of the plant expansion. This expansion will create about 25 new jobs. Jim Crider, Director of Economic Development at the Chamber of Commerce, stated one of the best compliments possible is for an existing business to choose to stay in Fayetteville and expand their business. Hanna's Potpourri will be increasing their annual payroll from about $400,000 to $775,000. He recommends the Council approve Hanna's Potpourri participation in the Enterprise Zone Program. Alderman Williams stated this project is in his ward, and he is glad to see they are going to stay in Fayetteville. They have done a good job with their current plant. Lb7 . November 2, 1993, Mayor Hanna stated there would be very little. Fayetteville sales tax money involved. The only thing eligible for exemption under the Enterprise Zone Program would be the 1% on the purchase of capital goods and equipment involved in the expansion of the facility. Alderman Bassett stated Hanna's Potpourri has been very successful, and he is glad to see 25 good, new jobs being brought to Ward 1. Alderman Miller stated he too was glad to see the number of jobs increased without much cost to the City. vorsanger, seconded by Miller, made a motion to approve participation of Hanna's Potpourri in the Arkansas Enterprise Zone Program Upon roll call, the motion passed by a vote of 8 to O. RESOLUTION 118-93 AS RECORDED IN THE CITY CLERK'S OFFICE GENERAL LAND USE PLAN a U Mayor Hanna introduced consideration of a resolution approving the General Plan 2010. The Planning Commission voted to recommend the plan at their October 21, 1993 meeting. Alett Little stated the Master Street Plan had been removed from the General Land Use Plan. This General Plan is a goal setting policy for the City and is the basis from which to do detailed planning. It allows citizens to comment on growth and for the City to plan for this growth. She stated the plan outlines goals in the areas of housing, transportation, recreation, environmental resources, and historic preservation. The plan also outlines the use of the "village concept" which would allow for mixing some commercial areas in with residential areas to help reduce congestion in larger commercial areas. • Alderman Williams stated he would like to hold a town meeting on this at 6:30 next Tuesday. He would like to have citizen input on the plan. He hopes developers will attend the meeting as well. The village concept is for large subdivisions and also calls for houses to be placed on smaller lots with green open areas in the middle for a common usage area. Doris Culver addressed the Council and stated she would like to see housing that is both affordable and accessible for the physically impaired. She would like for the plan to provide incentive to builders to construct affordable housing. She works for Life Styles, and she has been working with several contractors to build these types of houses. She surveyed residents in both Benton and Washington counties, and people want this type of housing, but they have to have ways to pay for it. Homes that rent for $800 per month is not affordable housing. She suggested the Community Development Block Grant program address this problem. Some cities November 2, 1993 are encouraging the partnership program incentives, setting aside real estate taxes, and/or refunding taxes on building materials to encourage affordable, accessible housing. She stated she has several designs for accessible housing that she would be glad to share with those interested. Mayor Hanna stated he was glad Ms. Culver brought this matter to the attention of the Council. Developers have trouble finding places in Fayetteville to build these types of homes. Alderman Box stated he too was glad Ms. Culver came before the Council. He had not thought about the need for accessible housing. He stated he was concerned about the lack of interest in the General Land Use Plan as a whole. In the past several weeks, the Council has voted on several rezonings, and people have expressed concern about the need of a general land use plan. He hopes people will attend the public meeting and give their input. Alderman Vorsanger stated every plan needs to be flexible, and he believes this one is. This plan has been in progress for the past 8 to 9 years, and again, it is just a plan. He has no objections to the public hearing, but he would like to see this City Council specify only having 1 or 2 hearings, set a time limit, and adopt this master plan. Mayor Hanna stated he has sat in on every meeting and what has delayed this plan has been people dragging out the process and basically "wallowing" this plan to death. He is not in favor of dragging this out any further. Alderman Daniel stated she hopes the Council can vote on this at the next meeting. Williams, seconded by Miller, made a motion to table the Land Use Plan Upon roll call, the motion passed by a vote of 8 to 0. STREET NAME CHANGE Mayor Hanna introduced consideration of an ordinance changing the name of Commerce Drive to Borick Drive. This is being requested by Superior Industries, Inc., in honor of their Founder, President, and Chairman of the Board, Mr. Louis Borick. He stated Superior Industries is about to double the size of their plant, and want this name change in time for Mr. Borick's birthday. He is extremely proud they have chosen Fayetteville for the site of their plant expansion. Their current plant is 20,000 square feet in size, and the new plan will be 200,000 square feet and will ad 350 new jobs. After their expansion, this may be the largest wheel plant in America. City Attorney Rose read the ordinance for the first time. Williams, seconded by Miller, made a motion to suspend the rules November 2, 1993 and place the ordinance on its second'reading. Upon roll call, the motion passed by a vote of 8 to 0., and the City Attorney read the ordinance for the second time. Vorsanger, seconded by Edens, 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. Alderman Miller stated there was only one neighbor on the road, Arkansas Western Gas, and they have .no problem with the name change. ORDINANCE 3736 APPEARS ON PAGE -se OF ORDINANCE BOOR X x V(( CHRISTMAS HOLIDAY Mayor Hanna introduced consideration of an amendment to the Personnel Policy on the amount of Christmas holiday time for City employees. Mayor Hanna:stated the holiday time has been worked about. The City will be closed on December 24 only. The employees will have an additional holiday day off they can arrange with their departments when to take. The Personnel Department will be doing a survey to find out how many holidays other employers in the area give their employees. OTHER BUSINESS NOMINATING COMMITTEE REPORT Alderman Daniel stated the Nominating Committee would like to nominate the following people to the Tree and Landscape Advisory. Committee: Donna Geller, Marian Catron, David Nutt, Wilnita Holland, Steve Noland, Eric Barkley, and Marcia Donley. Odom, seconded by Miller, made a motion to approve the nominations to the Tree and Landscape Advisory Committee. Upon roll call, the motion passed by a vote of 8 to 0. NOISE ORDINANCE Mayor Hanna asked Alderman Williams if he had been planning on calling another meeting of the Noise Ordinance Review Committee. Alderman Williams stated he had not been planning on another meeting. He has met with the Chief of Police regarding the enforcement of the ordinance, so maybe that will clear up any remaining problems. November 2, 1993 ENVIRONMENTAL CONCERNS MEETING Alderman Miller stated there would be a meeting of the Council Environmental Concerns Committee on Monday, November 15, at 5:30 p.m. ADJOURNMENT The meeting adjourned at 7:40 p.m. 1