HomeMy WebLinkAbout1994-08-02 MinutesSOD
MINUTES OF A MEETING OF THE CITY COUNCIL
A meeting of the Fayetteville City Council was held on Tuesday,
August 2, 1994, at 6:30 p.m. in the Council Room of the City
Administration Building, 113 W. Mountain, Fayetteville, Arkansas.
PRESENT: Mayor Fred Hanna; Aldermen Stephen Miller, Kit Williams,
Conrad Odom, Woody Bassett, Fred Vorsanger, Len Edens and
Heather Daniel; City Attorney Jerry Rose; City Clerk
Traci Paul; City Treasurer Glyndon Bunton; Administrative
Services Director Ben Mayes; Planning Director Alett
Little; Public Works Director Kevin Crosson; members of
staff, press, and audience.
ABSENT: Aldermen Joe Box
CALL TO ORDER
Mayor Hanna called the meeting to order with seven aldermen
present.
1993 AUDIT REPORT
Mayor Hanna introduced Calvin Webb of Aurther Anderson and Company.
Mr. Webb presented a report explaining the results of the December
31, 1993 audit performed by his firm.
With there being no questions for Mr. Webb, Mayor Hanna commended
him on his presentation.
CONSENT AGENDA
Mayor Hanna introduced 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 July 19 regular and the July 26, 1994 special
City Council meetings.
B. A resolution awarding Bid 94-47, items 1 & 2, to Shipley Motor
Co. for the purchase of 5 new units of sanitation equipment
for a total of .$612,066.68 less a trade allowance of $50,000
for a net of $562,066.68.
This purchase will consist of 3 heavy duty cab and chassis
with rear loading sanitation bodies and 2 heavy duty cab and
chassis with front loading sanitation bodies.
•
$ .
RESOLUTION 85-94 AS RECORDED IN THE?CITY.CLERE'S OFFICE
August 2, 1994
C. A resolution awarding Bid 94-48 for tractors, backhoe and
loader equipment to Williams Ford Tractor in the amount of
$46,000 less a trade allowance of $17,100, for a net amount of
$28,900.
RESOLUTION 86-94 A8 RECORDED IN THE CITY CLERK'S OFFICE
D. A resolution awarding a construction contract to Bonds -Long,
Inc., in the amount of $208,395 plus a 10% contingency of
$20,839.50 for a total of $229,234.50 for construction of
Sanitary Sever Main Replacement and Rehabilitation, white
River Watershed Minisystem 18 B/C, for manhole rehabilitation.
RESOLUTION 87-94 AS RECORDED IN THE CITY CLERK'S OFFICE
E. A resolution approving the agreement between the University of
Arkansas and the City regarding sewer rehabilitation and
approve Change Order No. 1 to the engineering contract with
RJN Group, Inc., in the amount of $73,858.59.
The cost to the City for this joint project is $4,391.49.
RESOLUTION 88-94 AS RECORDED IN THE CITY CLERK'S OFFICE
Vorsanger, seconded by Edens, made a motion to approve the Consent
Agenda. Upon roll call, the motion passed by a vote of 7 to 0.
SEWER LIFT STATION
Mayor Hanna explained that there had been a request to move item #7
up on the agenda. He stated that the City of Springdale is
requesting to build a sewer lift station on City of Fayetteville
property located west of Highway 265 and north of Clear Creek.
With no objections, Mayor Hanna introduced Joe Tarvin,
representative of the City of Springdale.
Mr. Tarvin explained that the City of Springdale needs to build a
sewage lift station in the southeast part of Springdale to serve
the east side of town. This station was sited in a master plan to
be located in the vicinity of Crossover Road and Clear Creek
because Clear Creek is the main drainage basin that serves that
area. Although there are other sites that could be utilized, they
prefer to purchase this one. This lift station needs to be under
operation within one year as needed for service to a new school
being constructed on Highway 412, east of Springdale.
Alderman Miller asked about terms of the sale.
Mr. Tarvin stated that the property has been appraised at $10,000
an acre. Springdale had initially planned to purchase 1/2 acre but
because of space needed for tractor trailer trucks to turn around
they may need more.
187
. August 2, 1994
Alderman Miller stated he was concerned about this lift station
being close to the head waters of Lake Fayetteville because of any
leakage that may occur.
Mr. Tarvin said intentions are to give as much protection as
technology allows. There will be a stand-by pump, duplicate pumps
and a generator capable of powering the entire station should
electrical power go off.
Mr. Tarvin stated representatives of the two cities have discussed
agreements that would be made if this request is granted. One of
those is an agreement that would establish an interlinking
monitoring system which would allow both cities to monitor any
problems.
Alderman Williams asked if the Parks and Recreation Advisory Board
had been consulted on the location of this project and how it would
affect Lake Fayetteville park land.
Mayor Hanna stated the land was located by Highway 265 in an area
that was not used.
{
Mr. Tarvin stated that the City of Springdale, after getting
permission to inspect the property, looked for a site on the north
side of Clear Creak which they felt would have less of an impact on
Fayetteville than a location on the south side. They found a
location that had very few trees so tree destruction would be kept
to a minimum. Also, to preserve the beauty of the park, the City
of Springdale is proposing a curved driveway rather than a straight
one so that the lift station would not be visible from the highway.
Kevin Crosson stated City Engineer Bunn had been negotiating with
Mr. Tarvin and representatives from the Springdale Water and Sewer
Commission. He was confident Mr. Tarvin had mentioned every item
that had been negotiated.
Mayor Hanna suggested that the council make a motion of the city's
intent to sell the property to the City of Springdale and then
bring the complete contract before the council at a. later date.
Odom, seconded by Vorsanger, made a motion of the City of
Fayetteville's intent to sell 1/2 acre more,or1less.to the City of
Springdale for a sewer.lift station1with the'completed contract to
be brought back to the council for approval. 'Upon the roll call,
the motion passed by i 7 to 0 vote.
REZONING R93-55 � F' ; ,4•
Mayor Hanna introduced consideration of"an ordinance rezoning 3.46
acres located on'the west side of Shiloh. Dr. and south' of 15th
Street from A=1,'Agricultural'to R -O, Residential - Office, as
188
August 2, 1994
requested by Harry Gray on behalf of Harold Johnson. The Planning
Commission voted 5-2-0 to recommend the rezoning.
City Attorney Jerry Rose read the ordinance for the first time.
Edens, seconded by Vorsanger, 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 7 to 0, and the City Attorney read the
ordinance for the second time. Edens, 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 7 to 0. The City Attorney read the ordinance for the third
time.
Alderman Miller stated this was a steep wooded area. He asked if
R -O, Residential - Office was covered under the Overlay District.
Alett Little explained that it depended on how the property is
developed. If the property is developed for residential use, the
ordinance would not apply. If the property is developed for office
use, the Overlay District Ordinance would apply. The Overlay
District is structured to cover everything that is non-residential.
Alderman Williams asked if the owner was in favor of the R -O
zoning.
Little stated the owner was in favor of the R -O designation at the
time of the Planning Commission vote.
Upon roll call, the ordinance passed by a vote of 7 to 0.
ORDINANCE 3814 APPEARS ON PAGE20O7 ORDINANCE BOOR a'X t1//
REZONING R94-29
•
Mayor Hanna introduced consideration of an ordinance rezoning 6.70
acres located on the east side of Crossover Road and north of Joyce
from A-1, Agricultural to R-2, Medium Density Residential, as
requested by Jim Lindsey. The Planning Commission voted 7-0-0 to
recommend the rezoning subject to a Bill of Assurance detailing the
density.
City Attorney Rose read the ordinance for the first time. Odom,
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 7 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 7 to 0. The City Attorney read the ordinance for the
third time.
August 2, 1994A
189
MayoreHanna•stated the council had sent this rezoning back to the
Planning Commission. He asked if the density had been reduced from
120 to 85 units.
Little stated the density, had1been.reduced from 120 units to
units which was 'comprised rof 84 'apartment units and 1
apartment over the clubhouse. ,s
rbt
i-
Alderman Williams .stated ;itiwas *a+ 30%
originally requested.
Upon roll call, the ordinance passed by'a•vote of '7 to 0.
ORDINANCE 3815 APPEARS ON PAGE0769OF ORDINANCE BOOK XX VI/
reduction
85
manager
from what was
REZONING R94-37 & R94-38
Mayor Hanna introduced consideration of ordinances rezoning
property located on the east side of Futrall and south of 6th
Street as requested by Vishal Bhakta on behalf of Major
Investments, Inc.
R94-37: Rezone 11.34 acres from I-1, Light Industrial - Heavy
Commercial to C-2, Thoroughfare Commercial.
R94-38: Rezone 17.71 acres from I-1, Light Industrial - Heavy
Commercial to R -O, Residential - Office.
The Planning Commission voted 7-0-0 to recommend both rezonings.
City Attorney Rose read the ordinance for rezoning R94-37 for the
first time. Williams, seconded by Edens, 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 7 to 0, and the City Attorney
read the ordinance for the second time. Edens, seconded by Daniel,
made a motion to further suspend the rules and place the ordinance
on its third and final reading. Upon roll call, the motionpassed
by a vote of 7 to 0. The City Attorney read the ordinance for the
third time.
Mayor Hanna stated the two rezonings were down zoning from
Industrial to Commercial and Residential - Office. The properties
will fall under the Overlay District.
Upon roll call, the ordinance passed by a vote of 7 to 0.
ORDINANCE 3816 APPEARS ON PAGE o2 7 3 OF ORDINANCE BOOR AX V / I�
City Attorney Rose read the ordinance for rezoning R94-38 for the
first time. Williams, seconded by Edens, 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 7 to 0, and the City Attorney
August 2, 1994
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 7 to 0. The City Attorney read the
ordinance for the third time.
Upon roll call, the ordinance passed by a vote of 7 to 0.
ORDINANCE 3817 APPEARS ON PAGE .27SOF ORDINANCE HOOK XY V/1
GRAFFITI
Mayor Hanna introduced consideration of an ordinance making it
unlawful for any person to apply graffiti on any public or
privately owned structure located on public or privately owned real
property within the City of Fayetteville.
City Attorney Rose read the ordinance for the first time.
Vorsanger, 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 7 to 0, and the City Attorney read the
ordinance for the second time. Miller, 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 7 to 0. The City Attorney read the ordinance for the third
time.
Mayor Hanna stated the city has received a number of complaints
about graffiti on sidewalks, curbs, overpasses, buildings and other
places. Graffiti may be used to denote territory of gangs which
Fayetteville is discouraging by increased park patrols, increased
juvenile police force and other means. City staff has been
instructed to paint over all graffiti in the city and the police
force is planning to make an effort to stop graffiti. This
ordinance will clearly define the outcome for defenders.
Alderman Daniel asked if the ordinance could apply to the planning
area as well as inside the city.
Rose stated we would not have any authority in the planning area.
The ordinance is only for the city. There are state laws in
existence which cover graffiti and would be in effect in the
planning area.
Alderman Miller stated he was thankful that the police had been
alerted of this problem and were willing to cooperate.
Alderman Edens asked if there was an emergency clause attached to
this ordinance.
Rose stated there is not. It may not be necessary since we do have
state laws in existence which cover graffiti.
ask
August
Alderman Williams-.stated.if the
days he felt like that would be
191
2, 1994
a
ordinance'woulditake effect in 30
'sufficient.
Rose stated it would take effect in1301days: .i
Alderman Daniel asked if there was any kind of paint the city could
use that would be harder to mark on.
Cyrus Young stated he wanted to confirm this ordinance would not
apply to the use of chalk on sidewalks. It doesn't damage anything
and is not permanent.
Upon roll call, theordinancepassed by a vote of 7 to 0.
ORDINANCE 3818 APPEARS ON PAGE a77 OF ORDINANCE BOOR X X VI/
REZONING R94-42
Mayor Hanna introduced consideration of an ordinance rezoning 5.92
acres located north of Mission and east of Crossover Road from R-1,
Low Density Residential to R-2, Medium Density Residential as
requested by George Faucette on behalf of Don Ginger. The Planning
Commission voted 5-3-0 to recommend the rezoning subject to a Bill
of Assurance limiting the density to 4.3 units per acre.
City Attorney Rose read the ordinance for the first time. Edens,
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 7 to 0, and the City Attorney read the
ordinance for the second time. Edens, seconded by Miller, made a
motion to further suspendthe rules and place the ordinance on its
third and final reading. Upon roll call, the motion passed by a
vote of 7 to 0. The City Attorney read the ordinance for the third
time.
Alderman Miller stated he attended the Planning Commission meeting
at which this rezoning was discussed. It is his understanding.that.
there are patio homes and single family homes proposed with an
assurance of a green area. This is the type of development
outlined in the 2010 plan.
Elizabeth Williams, an adjoining property owner to the east in
Timber Crest Subdivision, requested the rezoning be tabled until.
the next council meeting. The rezoning had been heard by the
Planning Commission just last week. There was strong..opposition at
the Planning Commission meeting which is reflected in the petition
submitted at that time. Normally, she stated, issues passed by the
Planning Commission are not submitted to the council as quickly as
this one has been. Accelerating this issue has-caughtthe:
neighborhood off guard and has prevented them from having a chance
to speak their opposition.
August 2, 1994
Alderman Miller stated he attended the Planning Commission meeting
and did not understand the opposition to this rezoning.
Williams stated she is concerned that Fayetteville is taking a
different direction in zoning. This is spot zoning. The Planning
staff has argued this is consistent with the new land use plan.
There isno guarantee there will be green space within this
property. The zoning surrounding this property is R-1 on three
sides. There is a fear that rezoning this tract will create other
R-2 rezoning in the area. There has been a friendly combination of
R-1 and R-2 in the past such as north of Mission and west of
Crossover. There is a place for this sort of development.
Generally in Fayetteville you do not find an R-2 zoning in the
center of an R-1 neighborhood. There is a possibility that 25 feet
from her property line will be a row of 8 to 10 houses. There is
no provision for permanent screening, which may be discussed during
the Large Scale Development process. There is nothing written in
the Bill of Assurance that assures any green space on this property
being rezoned.
Alderman Miller asked if Mrs. Williams was concerned this rezoning
would set a precedent in the area.
Williams stated that was one concern but in addition was the
concern there will be a very nice R-1 development with an area of
25 houses on property where almost all the trees have been removed.
Because of the existing easement, the proposed structures will be
built on 4 acres rather that 6.
Alderman Edens asked what the difference in density between R-1 and
R-2 would be with the developers assurances taken into
consideration. Would it be 3/10 of a unit per acre plus a zero
lot line?
Little stated with the Bill of Assurance the developers have agreed
to limit the density to 4.3 units per acre versus the 4 units per
acre allowed in R-1.
George Faucette stated therezoning request was not to increase the
density but because Fayetteville does not have a zoning
classification for attached dwellings, R-2 was the only choice. He
stated he was trying to create a high quality development by
limiting the density and putting a minimum square footage on the
units. There is a provision in the Bili of Assurance for screening
between the patio homes and Timber Crest. The property owners in
Timber Crest can decide if they would rather have natural wood,
masonry, decorative metal or natural screening.
Faucette briefly described the concept plat for Willington Place
Subdivision which will be the development in which this tract will
be located.
193
August 2, 1994.
;,,; ..
Alderman Miller stated he had sympathy for the:adjoining property
owners who had not expected this issue to move forward so quickly.
The Planning Commission had only met last week. The council is
here to take public comment on issues. This kind of development is
consistent with the 2010 plan. He suggested the rezoning be left
on the third reading until the neighborhood had a chance to voice
their opinions.
Alderman Odom asked if there were any other neighbors in
attendance.
Faucette stated they had a neighborhood meeting with the property
owners in Timber Crest prior the Planning Commission meeting. Time
is critical to us on this project.
Alderman Daniel asked the percentage of green space in the 5.92
acres.
Faucette stated the green space would be less if the developer were
to construct 24 single family homes that were not clustered. The
percentage of green space on the 5.92 acres had not been figured at
this point.
Alderman Williams asked if anyone had been notified at the Planning
Commission meeting that.%the .request would be'submitted to the
council as quickly -ant was. 4
Little stated it was notdiscussed,. the request' came after the
Planning Commission'•meeting.
Alderman Miller asked for explanation of the .regulations on
screening. ;<
( i
Little statedtthere are screening requirements between commercial
uses and residential uses but not between different residential
uses.
Alderman Miller asked what the developer had in mind for screening.
Faucette stated the screening
decorative metal or some sort of
Assurance. The developer is
neighbors on this issue. The,
spoken by Ms. Williams have been
covenants. . -
would be natural wood, masonry,
greenery as stated in'the Bill of
willing to cooperate with the
concerns of the neighborhood as
taken care of through the proposed
Alderman Edens asked if the developer could put 24 units on this
property if it were R-1 and 25 units if it were
Little stated the developer could put 28 units versus the)24 in.
August 2, 1994
Alderman Williams stated with the assurances mentioned and the
concept plat reviewed this development seemed to fall within the
2010 plan. After seeing the petition and possibly giving the
neighbors a chance to speak at another meeting, he did not feel
like he would be against this rezoning.
Alderman Daniel agreed that the development seemed to go along with
the 2010 plan. She would not be against leaving this item on the
third reading in order to give people a chance to speak.
Alderman Bassett stated he believed in giving people a chance to
speak. He thinks this development is a good concept and he
understands the arguments. He did not feel like he could be
persuaded to vote against this rezoning.
Alderman Vorsanger stated he understood the arguments but felt this
development is in line with what we have asked of developers. He
would be in favor of this rezoning.
Upon roll call, the ordinance passed by a vote of 6 to 1, with
Daniel voting no.
ORDINANCE 3819 APPEARS ON PAGE 278 OF ORDINANCE BOOR X)/v//
PROPERTY EXEMPTION
Mayor Hanna introduced consideration of an ordinance exempting
certain property lying within non-residential subdivisions which
received preliminary or final approval prior to June 28, 1994 from
the provision of Ordinance No. 3806.
City Attorney Rose read the ordinance for the first time. Edens,
seconded by Vorsanger, 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 6 to 1, with Williams voting no and the City
Attorney read the ordinance for the second time.
Alett Little presented a map showing the properties that would be
affected by the proposed ordinance. The properties make up 7% of
the overall land within the Overlay District. Those listed were
Steel Addition, Point West Ph. I & II, Fayetteville Center
Subdivision, North Hills Medical Park, CMN Business Park and North
Point Subdivision. Fayetteville Center is completely developed.
Alderman Edens stated without the developed property included, the
undeveloped would be less than 7%.
Lamar Pettus spoke as representative to Charlotte Steel, Marjorie
Brooks and Nancy Rubeck, owners and developers of CMN Business Park
and Danny Smith and Doug Brooks who have recently purchased a lot
in CMN Business Park.
1
August 2, 1994
Pettus stated the developers of CMN Business Park included specific,
green space and screening requirements for their subdivision as
listed in the restrictive covenants filed with the approved plat in
October of 1993. The total green space would be 10% following the
regulations in effect at the time the subdivision was approved.
The owners are willing to make additions to the restrictive
covenants,•, such, as no metal buildings, additional green space
requirements and additional screening. •
Pettus distributed and reviewed proposed additions to the
restrictive covenants.
195
Pettus stated the. owners and developers of CMN Business Park are
willing to cooperate in making additional restrictions to the
existing covenants. The owners of lot 10 purchased the lot with
certain expectations and are now trying to develop it having to
follow an unexpected set of rules. This is a financial hardship.
The. exemption would be required for 13,lots in CMNBusiness Park.
-,
.f
... t
Alderman Miller Stated -he wasconcerne‘'d about signs. He asked if
the owners planned to use the sign restrictions within the Overlay
District Ordinance.or.usethe,Sign.Ordinance:
•
Pettus stated they would -like to use the�Sign Ordinance that was in
existence at the time the plat was.approved. 4
j t.•
John Lisle spoke .as representative to Sterling Anders and Jim%
Potts, owners of Point West Subdivision. Point West is the only
industrial subdivision along the Hwy 71 By Pass. There are no
restrictive covenants for Point West. The owners are willing to.
create restrictive covenants for the remaining lots which would
require no metal buildings, 15% green space and 1 tree to be
planted for every 10 parking spaces. The owner may lose the sale
of at least one lot if the exception is not granted.
George Faucette, owner of. the only vacant lot in the Steele
Addition, expressed his support for the proposed exemption. He
stated he would be willing to place restrictive covenants on his
property.
Doug Wilde stated the council had 3 choices. Pass this proposed
ordinance as it is written, deny the ordinance and require
developers to comply with. the Design Overlay District Ordinance or
pass exemptions for specific properties from specific parts of the
Overlay Ordinance on a needs basis.
Wilde stated there is no state of purpose in the proposed
ordinance. The proposed ordinance is too vague and broad and it is
not clear. The properties involved should be specifically listed.
If. this ordinance is passed, the City may face law suits from
people who own property outside of a subdivision.
lyo
August 2, 1994
Alderman Williams asked if the covenants of the specific properties
involved could be enforced by the city.
Rose stated under these circumstances they would be enforced by the
City.
Pettus and Faucette stated they would give the right to enforce the
subdivision covenants to the City in a contract.
Wilde presented slides of the subdivisions involved in the request
explaining how much of each had been developed. He stated he had
one point and two observations to make. First, the proposed
ordinance should not be adopted because it is too gross of a
legislative instrument for the problem it is trying to fix.
Sweeping exemptions are not necessary. Spot exemptions to
alleviate real concerns are sufficient and fully justifying.
Second, arguments that one cannot bring in developments that meet
the Design Overlay requirements are not true. Signs that say "Will
build to suit" located on these properties create additional
problems. They do not mention any specific restrictions.
Leonard Schaeper presented a list of concerns on behalf of Friends
for Fayetteville. He stated the proposed ordinance is too broad,
includes developed properties, it is unclear, it includes only
subdivisions, it has no defensible basis and it sets a dangerous
precedent.
Schaeper also presented a list of suggestions for exemptions. He
stated the exemptions should be based on improvements in the
ground, it should be recognized that the slate is not clean,
exemptions should be on specific properties and for specific
subsections of the Design Overlay Ordinance.
Schaeper stated the exemptions
Department Staff to establish
which exemptions. He presented
should be reviewed by Planning
which properties should receive
a review of his own.
Pettus stated the developers spent $850,000.00 to create CMN
Business Park as it was approved. Because of the Overlay Ordinance
one sale has been lost. The owners of lot 10 in CMN Business park
are in the middle of the development process and have been working
with the Planning Office on this issue. They have reduced the
square footage of their building and still only have 15% of green
space. It is not fair to change the rules for those who have
purchased properties with a certain designs planned. They could
have purchased a different piece of property. The owners and
developers are willing to contract 100% of our covenants with you.
Marty Newmark, speaking on behalf of Friends for Fayetteville,
stated each case should be reviewed separately. A blanket waiver
will create a problem by setting a precedent.
1J/
August 2, 1994
ant
Dennis.Becker, architect'for lot 10 of CMN'Business Park and a lot
in North Point, stated both of his projects are currently going
through the Large Scale Development process. The lot in North
Point is very close to meeting the Design Overlay District
requirements. The design for Lot 10 of CMN Business Park would
have to be significantly modified and would result in a project
that would not be feasible. -
Becker submitted a review of the design for Lot 10 in CMN Business
Park. He stated the project would look as if it were regulated by
the Overlay Ordinance even though it has only 19% green space.
The appearance will not change.
Danny Smith,co-owner of Lot 10 in CMN.Business Park, stated heF
would be willing to sign a contract with the City guaranteeing he.
would meet certain requirements. The covenants that are currently
in existence do not vary much from the restrictions established in
the Overlay Ordinance.
Mayor Hanna closed the public hearing portion of the discussion.
Alderman Bassett asked if the covenants and contracts discussed
needed to be addressed prior to any action on the request.
Rose stated the council could pass the ordinance and if they did
not receive what they were promised they could amend it out of
existence.
Alderman Williams stated he was concerned about exempting developed
propertiesrather than treating them as falling under a grandfather
clause.
Alderman Edens stated modifications to certain buildings would be
very costly because changes would have to be made to meet the
Overlay Ordinance requirements that would not normally be made.
Rose stated as it stands now, existing buildings within the Overlay
District would be considered pre-existing, 'non -conforming
structures. If this ordinance is passed, those structures would be
included in this exemption and they would not be classified as pre-
existing, non -conforming structures. They would be exempt from the
Overlay District Ordinance because they have already received
preliminaryor final approval.
Alderman Williams stated he could not support'exempting
structures
• - 1
1
existing
•
Alett Little stated the way the proposed ordinance is structured,
the only properties involved would rbei-those' outlined on map
discussed earlier. The"way,'the . ordinance 'aiould be enforced
currently is that for any piece of property that is ,already
developed, the ordinance would not apply retroactively. If
+
.IE •Inar
August 2, 1994
substantial changes are made in the future, we would be looking for
compliance with the Overlay District.
Alderman Williams asked why we would include totally developed
properties in this exemption instead of grandfathering them in?
Little stated Fayetteville Center is the only subdivision included
that is totally developed.
Alderman Williams requested Fayetteville Center be deleted from the
proposed ordinance and that the ordinance apply only to undeveloped
lots
Sterling Anders, developer of Point West, stated he would not be
able to make modifications to an existing structure which he
operates his business from if the exemption was restricted tis
undeveloped lots.
Wilde stated the question of how long the exemption will be
enforced has not been addressed. Is it forever?
Rose stated it would be forever.
Alderman Williams stated the council is considering this request to
try to be fair to everyone and to avoid further expense to the
citizens of Fayetteville.
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 failed by a 4 to 3 vote.
Aldermen Williams, Bassett, Daniel and Odom all stated they did not
feel this ordinance was in its final form and they did not want to
vote on it at this time.
Rose stated the ordinance needs to be revised and the contracts
drawn. The intent of the council is to exempt only specific
undeveloped land within the subdivisions mentioned earlier.
Mayor Hanna stated the City Council would hold a special session on
Tuesday, August 9 before the agenda session.
A member of the audience stated she did not understand why sign
restrictions have not been discussed.
Mayor Hanna stated one of the main reasons a developer lost a sale
was because of a sign situation. Under this proposal, the lots
exempted would be restricted by the Sign Ordinance in affect when
the subdivisions were approved.
177
August 2," 1994
z�•
Alderman Williams asked if there were any Large Scale Developments
that have been approved but not developed within the Overlay
District.
Little stated there could be. There is no time limit on developing
a Large Scale Development site.
MAGNOLIA CROSSING GREEN SPACE
Mayor Hanna introduced a resolution approving a cash contribution
in the amount of $51,120.00 in lieu of land dedication for the
Magnolia Crossing Addition.
Bill Waite, a representative from the Parks Advisory Board, stated
the developer submitted a proposal for green space which the board
decided was unsuitable. Because of the density of the development,
taking an area for a park would require redesigning the
subdivision. There will be open space due to the power lines but
the land is not suitable for a park.
23
Alderman Miller stated their was aflood plain in the area.
Little stated building is allowed in the flood plain withcertain
building requirements. °$
•s
Waite stated if we accept this land for a park, we must be
responsible for maintaining it.. Just because it does not have
houses on it does not make it suitable for a park.
Alderman Miller stated he was.;}in favor of retaining wild green
space in Fayetteville not necessarily for a developed park.
Alderman Williams stated this development is quite dense to not
have -any --.nice green space built into it. It may be a good for the.
developer to try again to create a park area. The people that live
there do not have a park close to them.
Kevin Crosson stated the land requirement would be 3.38 acres.
}
Alderman Williams stated the developers Coulduse`the area under
the power lines for.streets and parking. ,
Waite stated with the existing plat, the,ideacwould not work well.
if land is not accepted,,.the city"would need to take the money and
purchase. land close by. There will be a need fora. park.
Vorsanger, seconded by {Edens, .made) a. motion to approve the
resolution to accept money in lieu of land. Upon the roll call,
the resolution passed by a,vote of 4 to 3, with Daniel, Miller and
Williams voting no.
RESOLUTION 89-94 AS RECORDED IN THE CITY CLERK'S OFFICE
August 2, 1994
BID WAIVER - OZARK THEATER
Mayor Hanna introduced consideration of an ordinance waiving the
requirements of competitive bidding and awarding a contract for the
demolition of the east portion of the old Ozark Theater building.
City Attorney Jerry Rose read the Ordinance for the first time.
Edens, seconded by Vorsanger, 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 7 to 0, and the City Attorney read the
ordinance for the second time. Odom, 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 7 to 0. The City Attorney read the ordinance for the third
time.
Mayor Hanna stated the City gave this property to the downtown
parking district. They determined this property was outside of
their district. RTC has given a deadline to improve the state of
this building. The deadline is approaching. The roof collapsed
recently making building even more hazardous. Our Building
Maintenance Superintendent has received permission to remove the
back portion of the building. We expect to get a bid under
$20,000.00 to remove the back portion. The remaining problem is
the asbestos and pigeon droppings in the front portion which will
probably be removed for $3,000.00. In the future we may try to
sell the front portion or tear it down.
Jonathan Story stated he wanted to address the council about the
restoration of the east portion of the Ozark Theater. The theater
was built in 1904 and was the site of various acts, shows and
opera. About 250 citizens of Fayetteville have shown their support
to preserve the front portion of the theater by signing a petition
generated within the last 5 days. Part of Fayetteville's history
will be destroyed if the building is torn down. He requested the
council preserve the past for the future when they vote on what to
do with the front part of the Ozark Theater.
Bob Kelly stated he appreciated the City trying to separate the
back section of the Ozark Theater and wanted to volunteer his
services to help with the project.
Upon roll call, the ordinance passed by a vote of 7 to 0.
ORDINANCE 3820 APPEARS ON PAGE d$l OF ORDINANCE BOOK PYX V//
August 2, 1994
OTHER BUSINESS
,. MUDD.CREEK/GREGG AVE. BRIDGE REPLACEMENT
•
Kevin Crosson stated the city wants. to replace an existing one lane
bridge over Mudd Creek. The Highway Department has identified it
asqualifying.under the Urban Bridge Replacement Program. It will
be 80% funded by federal funds. It is estimated that it will take
2 years to complete as a four lane structure. Timing is'critical
because -it will be a very important element in the Joyce Street
extension. The 20% of the cost that the City is responsible for is
actually less because of agreements from developers to contribute
to the project.
Mayor Hanna stated the contract is to be awarded to Development
Consultants Inc. in the amount of $52,347.00 with a 10% project
contingency of $5,235.00. The amount we are asking to set aside is
$15,000.00.
Alderman Vorsanger asked if the route had been determined.
Crosson stated it is currently being finalized. The property
owners have not been notified that they will- have to relocate.
Vorsanger, seconded by Odom, made a motion to approve the
resolution awarding the contract. Upon roll call, the resolution
passed by a vote of 7 to O.
RESOLUTION 90-94 AS RECORDED IN THE CITY CLERK'S OFFICE
AARON BLIGHT .
Mayor Hanna stated he wanted to congratulate a young man named
Aaron Blight who has been volunteering at the City for the last few
months. Aaron will be leaving tomorrow for Washington D.C. on
appointment to work for President Clinton's Staff as an aid at the
White House for about a month.
WARD 1 MEETING
Alderman Williams stated there will be Ward 1 meeting on Tuesday,
August 9 at.6:30.
•
ADJOURNMENT
•
r �+
The meeting adjourned at 9:15 p.m.
•