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HomeMy WebLinkAbout1994-12-07 Minutes• December 7 1994 MINUTES OF A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Wednesday, December 7, 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 Conrad Odom, Woody Bassett, Fred Vorsanger, Len Edens, Joe Box, Heather Daniel, Stephen Miller (arrived late), and Kit Williams; Assistant to the Mayor Phyllis Rice; City Attorney Jerry Rose; City Clerk Traci Paul; City Treasurer Glyndon Bunton; Public Works Director Kevin Crosson; Fire Chief Mickey Jackson; Planning Director Alett Little; Administrative Services Director Ben Mayes; members of staff, press, and audience. CALL TO ORDER Mayor Hanna called the meeting to order with eight aldermen present. PEARL HARBOR Mayor Hanna announced that the meeting was taking place on the 53rd anniversary of the Japanese invasion of Pearl Harbor. ELOUISE BAERG KING Mayor Hanna wished Elouise Baerg King a happy birthday. He stated Ms. King is a long-time Fayetteville resident who celebrated her 90th birthday today. She is a University of Arkansas graduate, and her late husband, William J. Baerg, was a university professor. Ms. King won a national essay contest in 1955 with her composition, "Why I Like to Live in Our Town." The essay was related to a television production of Thornton Wilder's "Our Town" starring Frank Sinatra. With the essay she wrote about Fayetteville, Ms. King won a 1955 Ford Thunderbird and trips to Los Angeles. Her daughter, Gretchen Gearhart, has given the City a framed copy of the winning essay for display at City Hall. Mayor Hanna's assistant, Phyllis Rice, read the essay. 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. APPEAL V94-5: An appeal of The Planning Commission's decision to deny Right -of -Way Vacation V94-5 to vacate a 50 foot right-of-way easement located between 1543 and 1571 Arthur's Court as requested by Carl Lewis. December 7, 1994 City Attorney Jerry Rose read an ordinance which vacates the existing 50 foot street right-of-way located between lots 1 and 25 of Park Place Addition and between lots 2 and 3 of Boardwalk Addition, Phase 3, conditioned upon a grant to the City of a 16 foot right-of-way grant for ingress and egress of emergency vehicles. Alderman Williams stated the Council is to consider whether or not to sustain the Planning Commission's decision to deny the vacation. Mayor Hanna stated that the proposed ordinance was submitted by the attorney representing the property owners who requested the right-of-way vacation. The vacation was denied by The Planning Commission, so they have submitted this ordinance to the City Council for consideration. In answer to a question from Alderman Odom, Rose stated the Planning Commission had not considered this ordinance prior to its submission to the Council. A discussion ensued concerning the processes after denial, and City Attorney Rose explained the original request was to do away with the right-of-way between Park Place and Boardwalk. Since the Planning Commission's denial, the residents have come up with a donation of a new smaller right-of-way specifically for ingress and egress. That compromise is being presented tonight. Mayor Hanna further explained that the petitioners were appealing the Planning Commission's decision to us. After the property owners discussed this with City Attorney Rose, they decided on a compromise rather than the appeal of the denial. They are asking that the 50 foot right-of-way be closed except for 16 feet to be left for emergency right- of-way. Mayor Hanna stated there were two choices; either uphold or deny the Planning Commission's decision or consider the compromise. Alderman Williams suggested the Council refer this offer back to the Planning Commission. Alderman Odom expressed concern that everyone involved might not have had time to consider this compromise. Alderman Woody Bassett asked if the proposed compromise was what the property owners in the area wanted. John Eldridge stated it was. He explained that it allows four property owners a little more yard to use and still gives the City an emergency access from one street to another. It allows the property owners to plant trees and do things outside the 16 feet that they can not do now because of the 50 foot width. Alderman Bassett asked if the access would leave room for fire trucks, police cars, and ambulances to get through. Alderman Odom confirmed, Jackson. Chief Jackson stated there would be adequate room- for emergency vehicles December'7.....1924 that it.would according to Fire Chief Mickey to pass through. 1 1r Alderman Bassett discussed the tremendous.amount of traffic in that area, particularly at the intersection of Highways 265 and 45. He stated if that access was opened to a street, there would be people cutting through. • At 6:43 p.m., Alderman Stephen Miller arrived. Alderman Vorsanger stated- this matter has been tabled for several meetings. Nothing was decided last meeting because of the concern that large trees or shrubs might be planted and obstruct access. Eldridge stated the right-of-way grant has been revised to cover not only trees but landscaping, rocks, and anything else that would impede access between those two streets. Odom, seconded by Vorsanger, made a motion to further suspend. the rules and place the ordinance on its second reading. upon roll call, the motion passed by a vote of 8 to 0. Alderman Williams stated there were utilities located within the right- of-way which would have to be accounted for should a vacation be granted. Be asked what had been done in relation to that. Rose stated that nothing- had been done with that. He further stated there was no mention in this ordinance of any such easement and thabhe was not aware of any. 1 Alderman Williams stated that even though a compromise was attempted, the Planning Commission should be able to look at all of these things since they know all the different requirements which need to be -considered. -It needs to be an unusual situation for the Council to make the decision. The petitioner has asked that this item be tabled each time. It would be more appropriate procedure to send this item back to the Planning Commission. He asked City Attorney Rose what would have to be done to do that. Rose stated that after the second reading, the Council can leave this item, on its second reading and instruct staff to take this back to the Planning Commission. It will come up at the next meeting. In answer to a question from Alderman Miller, Rose stated the next, time this is seen by the City Council, it will be on its third reading. The City -Attorney read the ordinance for the second time. In answer to a question from Alderman Odom, Planning Director Alett Little stated Planning staff had not seen the compromise. December 7, 1994 Williams, seconded by Miller, made a motion to refer this back to the Planning Commission for their consideration. The request has been revised and the staff and the Planning Commission have not had a chance to look at it and make sure it is satisfactory to them. In answer to a question from Alderman Edens regarding tree limbs which might be allowed to grow out and seal the 16 feet, Rose stated anything that interferes with the use of the easement may be eliminated. Eldridge stated utilities that may be there would have to be dealt with whether the easement was 50 feet or 16 feet. He stated that he did not object to it going back to the Planning Commission. Little stated the next Planning Commission meeting would be December 12 and that they would not meet again until January. Unless there is a specific notification requirement, it could be put on the agenda for December 12. Upon roll call, the motion passed by a vote of 8 to 0. B. ALLEY VACATION V94-9: An ordinance vacating 375 feet of a north - south alley located north of llth Street, between School and Locust, as requested by John and Frances Reed. City Attorney Rose read the ordinance for the first time. Edens, 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; and the City Attorney read the ordinance for the second time. Odom, 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. In answer to a question from Alderman Edens, Little stated a 20 foot utility easement will be reserved for utilities located there. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3847 APPEARS ON PAGE yoy OF ORDINANCE BOOK XX v1/ CONSENT AGENDA Mayor Hanna introduced consideration of items which might be approved by motion, or contracts and leases which can be approved by resolution and which might be grouped together and approved simultaneously under a "Consent Agenda". A. Minutes of the November 16 regular City Council meeting. 1 December 7, l994,};; A resolution awarding a contract to McClelland Consulting Engineers in the amount of $47,288.00 for surveying permanent and temporary easements for the Cato Springs and Town.Branch Flood Control Project.. RESOLUTION 132-94 AS RECORDED IN THE CITY CLERK'S OFFICE. C. A resolution accepting low Bid 94-87 and awarding a contract to Sweetser Construction in the amount of $20,180.00 plus a contingency of $2,500.00 for drainage and structure improvements'at East Lakeside Drive, and approval'of a budget adjustment. RESOLUTION 133-94 AStRECORDED IN THE CITY CLERK'S OFFICE. It ♦ . A resolution approving a contract between the City and the Fayetteville Board of Education for the Uptown School,- Naval Reserve Center exchange of real estate.. RESOLUTION 134-94 AS RECORDED IN THE CITY CLERK'S OFFICE. E. A resolution approving the purchase of right-of-way on the northeast corner of Highway 265 and Highway 16 East for $30,000.00. RESOLUTION1135-94 AS RECORDED IN THE CITY CLERK'S OFFICE. 4 Miller,seconded by Daniel, made a motion to accept Consent Agenda. Upon roll call, the motion passed by a vote of 8 to 0. PLEXAR-CUSTOM TELECOMMUNICATIONS SYSTEM Mayor Hanna requirements Southwestern lease of the introduced consideration of an ordinance waiving of competitive bidding and awarding a contract Bell Telephone Company in the amount of $30,000.00 for PLEXAR-Custom Telecommunications System. the to the City Attorney Rose read the ordinance for the first time. Williams, 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; and the City Attorney read the ordinance for the second time. Odom, 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. Alderman Vorsanger stated that this is not a new system, but an upgrade to the existing system. He asked Ben Mayes to say a few words about this to the citizens of Fayetteville. December 7, 1994 Administrative Services Director Ben Mayes explained that this is a fixed -base system for all City phone lines. There has been a five-year contract with Southwestern Bell, and this is an extension of that contract for five more years. The cost is $8.86 for each phone line, $0.23 more per line. than what was paid five years ago. This is a guaranteed rate for the next five years. It allows the City to add lines as needed. If none are needed, no more money is paid. Lines can also be taken off. There is no investment for the phone lines, and the equipment is all housed at Southwestern Bell so the City does not have to provide the facility for the back-up power. Upon roll call, the ordinance passed by a vote of 8 to 0, and the emergency clause passed by a vote of 8 to 0. ORDINANCE 3848 APPEARS ON PAGE y06 OF ORDINANCE BOOK nut/ ALLEY VACATION V94-10 Mayor Hanna introduced consideration of an ordinance vacating a portion of a 12 foot east -west alley located east of Vandeventer, between Ila Street and Maple Street, as requested by Thad Hanna. City Attorney Rose read the ordinance for the first time. In answer to a question from Alderman Bassett, Little confirmed that the part of the. alley in question was directly behind Mr. Hanna's home. Alderman Bassett also indicated that there has been some confusion with the Planning Commission's vote. Little stated there had been some confusion. There were a limited number of Planning Commissioners present at the meeting. There were six members present when this item began, and one had to leave during the discussion. The petitioners were informed that several of the items took five positive votes to pass, including this one. That was an error as supported in the by-laws. Two letters have been submitted requesting some clarification and that this item be sent back to the City Planning Commission because of the error that was made that night. In answer to a question from Alderman Edens, Little stated that there were utilities located within this 12 foot wide alley, so it has been requested that it be retained as a utility easement but not as an alley way. In answer to a question from Alderman Odom, Little stated the Planning Commission voted to just vacate that portion beyond Mr. Hanna's house. It was sort of a compromise offered by members of the Planning Commission. Mayor Hanna stated Chuck Nickle, a Planning Commissioner, contacted him and said he misunderstood and thought they were voting on the whole alley, not just the 74 feet. _December 7, ,1994; Alderman Bassett stated the people who live in that area have a legitimate concern about the spread or encroachment of parking lots into residential zoning districts. The City Council needs to address this. Bassett requested that the Planning Staff work a change in the existing ordinance, possibly making it a conditional use for parking lots to be built in residential zoning districts. Then the City could allow a parking lot in a residential zoning district, deny it, or allow it with certain conditions attached. This is a problem in Fayetteville and this is a way to address it. Alderman Williams expressed the urgency for regulations regarding parking lots in.residential districts. He suggested a landscaping requirement be implemented for all parking lots. Alderman Vorsanger asked if this alley would be turned into a parking lot. Alderman Bassett responded by stating that the real concern of the people who live on Ila Street is of the encroachment of parking -lots into their residential neighborhood. •He stated the people want the parking lot situation addressed. An open and honest discussion about this cannot occur without the citizens at least knowing that we are concerned and will do something about'it., This would need,to.be::a city-wide law. He explained that University Baptist and Central` Methodist are two such examples of churches who' will: possibly-- be adding parking lots in residential areas. Alderman Miller stated he did not have a problem with the vacation of the alley but that he had been contacted by the public in the form of letters and telephone calls. There are many parking lots in the area and trees are being bulldozed down. He expressed his sympathies to the people of that neighborhood who are surrounded with barren parking lots. He stated this is something that needs to be addressed. Alderman Daniel stated if the vacation were approved, the alley would become the property of Mr. Hanna and asked if some restriction could be placed on it in the future in case of a sale. A discussion was held with regard to the fact that the City.. has no control on parking lots in Fayetteville and that there is control needed. Alderman Bassett stated that this alley could, with or without the vacation, be turned into a parking lot. Alderman Miller expressed concern about the parking lots but asked that discussion about the alley vacation be resumed. He also asked if R-1 parking lots are conditional. Little explained that this is one of those areas that the ordinance is silent on. She indicated that, as a matter of convenience, parking lots have been created so that residents are not affected by parking on the street. December 7, 1994 Alderman Edens asked if the alley could be paved since it is currently an alleyway. Alderman Daniel stated if the alley is vacated, it would potentially create more space for University Baptist parking. Alderman Bassett stated that unless this ordinance is changed, anyone can build a parking lot in an R-1 or R-2 zone. In answer to a question from Alderman Miller, Alderman Bassett stated his suggestion would be that parking lots be a conditional use in any residential zoning district. The City could either approve, deny, or approve with restrictions. Alderman Edens stated the City requires parking lots be built for apartments and questioned what the requirements would be. Alderman Bassett stated the restrictions and requirements should be fair. A discussion was held with regard to some of the possible requirements. Ellen May, 215 Ila St., expressed her appreciation of the prior conversation. She read a lengthy letter which had previously been presented to the Planning Commission regarding the concerns of the Wilson Park area residents regarding the University Baptist Church building plans. Alderman Vorsanger addressed a misunderstanding he had with regard to the date that this matter would appear on the agenda. He stated he thought this would come before the Council on December 20. May expressed concern about the many changes and mistakes made in regard to this item. Suzie Stephens, 318 Ila St., spoke with regard to a recent renovation made by her and her husband. She further discussed the concern that this house would not be able to be passed on to her children due to the proposed parking lot by University Baptist Church. She stated that this parking lot would ruin their beautiful neighborhood and that it was a big deal to the Ila Street residents. Ms. Stephens presented visual aids detailing the neighborhood as it is today and further added that this Friday the Wilson Park area will be designated an historical area. In answer to a question from Alderman Edens, Stephens stated if this vacation was approved tonight, it would set the precedent. Right now the alley is the only buffer the residents have between the R-3 property that faces Maple Street and the R-1 property that faces Ila. In giving the alley away and combining the two segments of property, the whole thing would be opened up for one big parking lot. The residents have not been assured that is not going to happen. Alderman Bassett stated a parking lot could be built right now unless the law is changed; whether anything is done with Thad Hanna or not. December 7, 1.99‘4,4, Stephens stated there was no urgency in vacating this alley. In answer to a question from Alderman Box regarding the first street the City gave to University Baptist Church, Little stated the reference was being made to Vandeventer Street which was actually a relocation. The church was attempting to expand their sanctuary area. Vandeventer Street interfered with the church's plans to build the required parking. They first asked the City to vacate. The City refused to vacate but allowed the church to build a new Vandeventer Street, which was recently opened. This new street was located 50 to 75 feet to the west. Frank Head, 402 Ila St., expressed his concerns. There is a time when the City has to stand up and say "No." Two years ago, before this same body, the church was requesting the closure of Vandeventer Street. This, too, was very close to the hearts of the residents of this neighborhood. Meetings were held in which Mayor Hanna proposed that the block of Vandeventer Street between Maple and Lafayette be closed and gifted to the church. Neighborhood meetings were held, and Planning Commission meetings were attended. It was proposed that instead of closing Vandeventer Street, it would be moved to the west. That seemed to be a decent compromise at that time. University Baptist Church assured us that they would make every effort to keep Vandeventer beautiful.. The alley way will be owned by University Baptist Church and will be a parking lot. The neighborhood has lost faith with this church. He asked that the Council either table this motion, send it back to the Planning Commission, or vote "No." Because of all the honest mistakes which were made, proper procedure or essence of the law has not been followed. Alderman Williams stated that with an ordinance, unless the rules are suspended by 75% of, the aldermen voting, it would not be voted on tonight., It has to be read three'times. It has only been read once. Unless the rules are suspended; it will not be'voted on tonight butwill be taken up again on the second reading at the next meeting. - 4, a Bill .Kisor, member of University Baptist Church. and chairman of the Worship Center Building Committee, stated he has served as the chairman of all buildings and grounds -at the church for several years. There should be no ordinances_ that have been broken by the church. The intent they had two years ago on the street' was kept'and the plans which were shown to the Planning Commission two years ago have not been -changed. Vandeventer was a very dangerous intersection before the relocation. It is much better now. UBC is still abiding by the tree ordinance. He Offered no apologies for the growth of the church but stated they are doing the best they can. He expressed that he was not aware of the parking lots that the three previous speakers spoke of or of the houses that are supposed to be torn down. The church intends to . be a good neighbor.• University Baptist Church would like to see this .issue resolved. The lot. on Maple is an R-3 zone. In answer to a question from Alderman Bassett, Kisor stated acquiring the City's approval for parking plans would be fine. December 7, 1994 Alderman Bassett stated that under no circumstances did he mean by any of his comments that they were directed exclusively at University Baptist Church, they just happen to be next door. The parking lot ordinance would be city-wide. The intention is not to knock University Baptist Church but to be responsive to the citizens and their concerns. Kisor stated that he, personally,.would be willing to bring anything before the City of Fayetteville. Alderman Miller expressed disappointment in Fayetteville's tree ordinance which allows the destruction of 100 -year-old indigenous trees to be replaced by "decorative fluff trees" that are not indigenous. Alderman Daniel stated Vandenenter Street is actually better and safer than before its move. She asked that there be more sensitivity in the area of removing old trees. Kisor replied that tree removal goes with construction. There is a tree ordinance. If the Council wants to change it, they need to change it. The Council needs to do what needs to be done so the people will know how to react to it in order to make their plans. Alderman Bassett stated a new ordinance should be passed so the Council has the ability to deal with a situation like this and try to respond to the concerns of citizens whether or not they live in a neighborhood. Kisor relayed to the Council that even though the church may not be in agreement with the people in the neighborhood, they have tried to do what they can and would like to sit down with them and work it out. Dale Head, Administrator of University Baptist Church, referring to the house at 525 Shady, stated the church has issued a check in the amount of $1,500.00 for landscaping on the property. Part of that money includes a French drain to help the pressure off the foundation. Two bids have been obtain for re -roofing of the house, and the Boy Scouts have had cleaning days on the property. That does not sound like a house that they are planning to plow over and put a parking lot on. This house is to be used for the stated purpose of, storage and for the Boy Scouts. There are also three rental apartments upstairs. Alderman Williams stated that was probably the most important property to the neighbors because it does border Ila as well as Shady. He stated he hoped it will be maintained as stated and expressed his appreciation for Mr. Head's comments. Will Miller, 202 Ila St., stating the house at 525 Shady is zoned R-1 but is being used for meetings to provide an institutional service for a corporation and storage for a corporation. He questioned whether that is permissible or not. Ms. Little the past Commission structure. ,December 7, 1994 stated the house is R-1 and having been used as it was a non -conforming use. Previously, was approached by a person who wished to Because it was a non -conforming use, that was In answer to a question from Alderman non -conforming use can only be stopped period of six months or more, and then Since it is not in that use right now, again. apartments in the Planning renovate the not allowed. Williams, Little replied that a if that use is discontinued for a it cannot be allowed to continue. it cannot be used for apartments Little stated that there had not been a conditional use. She also stated that meetings are allowed in any R-1 house. Miller stated the alley should be maintained as a buffer against further commercial and business development into Ila Street. This alley vacation is part of a continued development of this portion of the block. This should be slowed down because Fayetteville has too many neighborhoods that are being threatened by this kind of development. The law seems to say that in order for this to happen the alley must not be used by the public for five years as an alley. The statute reads that the owners of the property may file a petition to vacate. The Assessor's Office lists Fred Hanna and Ann Dugan as the owners. Regulation states that the Council shall, at the next regular meeting or special meeting following the petition, fix a date for the hearing of the petition and shall direct the City Clerk or Town Recorder to give notice of the meeting by publication once a week or two consecutive weeks in some newspaper. He stated he did not believe that had been done. All property owners who abut the street or alley must file written consent to closing the street or alley. Since Thad Hanna is not the owner, he should not file that consent. The end of the alley abuts the residents on Vandeventer. He asked if these people should also have been notified ofthe attempt to vacate the alley. He expressed his concern about the possibility of conflict of interest among public officials. There are two levels: ethics and legality. Recently the Mayor of Fayetteville has provided leadership in meetings and tonight is leading a meeting and ..has participated in discussions of the vacation of an alley behind property that he owns, public property which would then become part of his private property. The property has been represented as belonging to his son, but the records in ,the Assessor's office list Mayor Hanna as the property owner. • . Alderman Bassett stated Mayor :Hanna does not get to vote. Miller cited the state law regarding the conflict of interest. He stated Mayor. Hanna is using his office to; secure -,publics land. It is :the appearance that is critical not necessarily every legal thing being in place.. One of the Hanna properties in question is a•duplex which was torn down in order to prepare for a parking lot for University Baptist Church. He stated he could not find a permit to either tear down to the duplex or to grade. He argued that these issues of ethics and legality need to at least be discussed and investigated in much greater detail December 7, 1994 before the Council can begin to discuss the merits of the petition to vacate the alley. Rose stated there are a number of different statutes that may be used to vacate alleys and street rights -of -ways. One of the ways is the abandonment of five years; however, the one that the City uses is a more general right under Arkansas Code 14-54-104. This is a general authority that the City has the right to vacate lands if they are not required for corporate purpose. This is a state statute. Rose also stated the Assessor lists Fred Hanna and Ann Dugan as the owners. He stated he believes Thad Hanna has a deed from his father to the property but that deed has not been recorded. The questions presented are, "Is that deed unrecorded?", and "Is that sufficient enough ownership interest to satisfy the ordinance in which the owner has to be the one to apply". The point is to make sure the owner knows what is happening to his property. Since the owner is Mr. Hanna, Fred is aware of what Thad is doing. Rose stated the Council shall, at the next regular meeting or special meeting of the Council following a petition, fix a day for a hearing of the petition and shall direct the City Clerk or Town Recorder to give two weeks, etc. That was the procedure followed. He indicated that this the first he has heard of that one and did not know. Alderman Williams stated he assumed that proper notice of this meeting was given. He stated that two weeks are always given. The agenda was stated two weeks ago. Miller expressed concern that the proposal which was accepted at the Planning Committee meeting is not the one that was proposed originally. Alderman Williams stated there had not been two weeks notice of the new proposal to vacate the alley and asked if that was correct. With regard to the concern that proper notification and consent was not given, it was determined that if the Council feels there is inadequate notice of some kind, they should serve notice. A notification sign has been placed on the property. A resident of 1037 California expressed his concern about traffic. He stated that people on Ila Street don't want parking lots in their area. Empty parking lots can possibly bring bad influences into their neighborhood. He explained that when it comes to residential areas, consideration has to include property value and people who have small children who live in the area who might be harmed by the increased traffic. * December 7, 1994 Thad Hanna, 319 Ila Street, stated he had deeds but they had not been recorded. Hanna explained the history of his house. He stated his whole purpose for this whole thing was that he owns lots 3 and 6. Lot 6 was a dilapidated duplex, but it was an income-producing piece of property. It is zoned R-3. It produced income every month. The church offered to buy the lot, tear down the duplex, and put in a parking lot. He stated he chose to live next to a parking lot instead of apartments. He stated he approached the Planning Department and informed them that he wanted to save a 20 x 20 foot section of lot #6 and keep it out for himself. When the survey was done, the backyard ended up in the alley and it always has been for all these years. It had been unknown until that time. The public has used it for the past five years. No one else can use it because it is in his backyard. It has been closed off. When the survey was done and closing time arrived, the title agent said he was creating a small illegal lot. Having the alley vacated could correct the lot. .A property line adjustment would have to be done, which would make lot 3 a bigger lot and lot 6 a smaller lot. The church has assured they are not going to build a parking lot up against the east side of the house. There is no problem with a parking lot to the south. Mike Sandrod, 12 W. Maple, stated there are two issues here. The public has very strongly discussed their desire to put restrictions on parking lots being born in R-1 residential areas. The other issue is the vacation of this alley. A recommendation had been made to send back to the Planning Commission a previous vacation to make sure it was in order. This property is obviously owned and controlled by the mayor's immediate family. The Council should want to make absolutely sure that it proceeds in a manner that there is no perception whatsoever of an impropriety with regard to the mayor and this property. Obviously the immediate property owners know what is going on. The citizens of Fayetteville have been misled by Planning Staff, the paper, and the Planning Commission minutes. Because of a series of errors, the speed in which this is done is important. The minutes were, for some reason, omitted from the packets for the agenda meeting last week. He stated he sent each Council member. a page of those minutes so they would be aware of the mistake. There seems to be no hurry to vacate. The relevance of this alley vacation is simply a matter of convenience to see where the property line is drawn. Regardless of the action tonight, the church will buy that one lot and will pave it. Whether the alley is vacated or not the property will be sold. The Council should have restrictive ordinances drawn up to regulate parking lots in residential areas. This alley vacation should not be rushed. The property will be sold regardless. • Little stated the Planning Commission meeting referred to by Mr. Sandrod, was November 14, 1994. The minutes read as follows: "Mr. Allred made a motion to approve the alley vacation between lots 3 and 6 only. The motion was seconded by Mr. Pummell. The motion failed with a vote of 3- 2-0, with Commissioners Targon, Allred, and Pummell voting yes, and Commissioners Britton and Nichol voting no:" Ms. Johnson had left the meeting. The staff advised that a vacation approval requires five affirmative votes". The minutes were not available at the time the request was submitted. After :the agenda session, the minutes were December 7, 1994 furnished to the City Clerk. They were included in the Final Agenda packet along with a copy of the Planning Commission's by-laws. Five votes are not required. The recommendation of Planning Commission is a positive recommendation. Steve Parker, Alderman Elect, stated he had received phone calls and letters regarding this matter. Since this is a controversial item, the rules should not be suspended. It should be considered at three council meetings. Doing this may eliminate some confusion and give the Council a chance to address church parking. He stated he would like to get involved in the discussion. Alderman Williams stated he would like to see a parking lot ordinance presented to the Council prior to approving this particular vacation. Thad Hanna stated the vacation is not urgent. In answer to a question from Alderman Bassett, Little stated an ordinance restricting parking lots in residential areas could be ready for the first meeting of the Planning Commission in January. Alderman Box commended both Mayor Hanna and Pastor H.D. McCarty for what each of them had contributed to Fayetteville. He stated the current Council passed the Tree Ordinance and if it is inadequate, the Council is responsible. Since an emergency does not seem to exist, this item could be tabled so the Planning Commission has a chance to review it. On the other hand, Thad Hanna deserves fair treatment under the law. This has been blown out of proportion. Whether there is a vacation or not, the church can still build parking lots on all the church property. Alderman Miller stated this is simply an alley vacation, and we should not be prejudiced because of the name "Hanna". However, because of the changes and mistakes, this should be taken back to the Planning Commission or tabled until the next meeting. Alderman Bassett agreed. He stated the best thing to do is leave this vacation on the first reading and go to the second reading next time. In the meantime, staff can begin work on an ordinance regarding parking lots in residential areas. Alderman Daniel stated this is a sensitive issue and the objections and concerns are an indication of the times. Fayetteville is growing and the citizens are becoming alarmed about what is happening. Mayor Hanna stated the ordinance will be left on its first reading. It will be put on the second reading at the next meeting. REZONING R94-9 Mayor Hanna introduced consideration of an ordinance rezoning 4.39 acres located south of Wedington Drive, east of 46th Street (Lots 1 and 2 of the Meadowlands Subdivision) from A-1, Agriculture to R -O, Residential - ,December 7, 1994.;.. Office, as requested, by Hayden'Mcllroy. 1 City Attorney Rose rad 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, with Edens absent. The City Attorney read the ordinance for the second time. Odom, seconded by Daniel made a motion to suspend the rules and placed the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 7 to 0, with Edens absent. The City Attorney Rose read the ordinance for the third time. Alderman Williams stated this was overlooked when other rezonings in this area were approved. Alderman Miller stated with a commercial office near a residential area, this is the kind of mixed use we have asked for in the 2010 Plan. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3849 APPEARS ON PAGE OF ORDINANCE BOOR X,'v/( ANNEXATION & REZONING R94-53 lin Mayor Hanna introducedconsiderationof an ordinance annexing 6.61 acres located west of Rupple Road and south of Mt. Comfort Road and rezoning the land from A-1, Agricultural to R-1, Low Density Residential, as requested by Creekwood Hills Development. City Attorney Rose read the annexation 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. 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. Alderman Miller stated he was generally not in favor of small annexations. Alderman Odom agreed. Upon roll call, the ordinance passed by a vote of 7 to 1, with Odom voting no. ORDINANCE 3850 APPEARS ON PAGE S'O7 OF ORDINANCE BOOR XX&// City Attorney Rose read the rezoning 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 8 to 0; and the City Attorney read the ordinance for the second time. Williams, seconded by Edens, made a motion to further December 7, 1994 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 Daniel asked how many acres were in this whole development. Little stated there are 91 acres within a three-phase development. The overall plat has been reviewed. Alderman Miller commended the developer on tree preservation. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3851 APPEARS ON PAGE 91/ OF ORDINANCE BOOR X X v /1 REZONING R94-54 Mayor Hanna introduced consideration of an ordinance rezoning 2.6 acres located at 1008 Shepherd Lane from A-1, Agricultural to C-2, Thoroughfare Commercial, as requested by Robert Brown on behalf of Charles T. Futrall and Anna E. Claire. City Attorney Rose read the ordinance for the first time. Odom, 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, with Bassett absent. The City Attorney read the ordinance for the second time. Odom, 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. Mayor Hanna stated this rezoning is due to a large-scale development. He asked if that had already been presented to the Planning Commission. Little confirmed that it had been presented to the Planning Commission. She stated there was some disagreement on that plat. The vote was 3-3-0. The developer thought the owners would appeal that decision to the Council but they have been working on a re -design instead. Charles Futrall, 1008 Shephard Lane stated the zoning should be considered separate from the development. The property is bordered on three sides by C-2. Alderman Williams stated the property by the mall should be C-2. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3852 APPEARS ON PAGE 41/3 OF ORDINANCE BOOR 41/3 PRELIMINARY PLAT APPEAL Item #8 was withdrawn. OTHER BUSINESS _December 7, 1994, ALDERMAN BASSETT - STATEMENT REGARDING FAYETTEVILLE'FIREFIGHTERS Alderman Bassett read an ad placed in the newspaper by the firefighters. The ad states: "We, the Fayetteville Firefighters, are truly touched by your overwhelming support in helping to insure that our constitutional rights and job security are not again placed in jeopardy. We would greatly appreciate it if you, your.family,.and friends would sign and mail to us the following:". The form;to be signed and returned states: "We, the following citizens of Fayetteville, Arkansas, respectfully request that our city aldermen work directly with the Fayetteville Firefighters Association to contractually protect the terms and conditions of their employment and in addition to further guarantee their constitutionally protected rights, including their freedom of speech and their right to vote". Alderman Bassett stated he had a written statement to read. His statement read: "I wish I had a dollar for every time in my life I have said something I regretted or said something in the heat of the moment without first thinking it through. Mayor Hanna has had a tough enough meeting already, but Mayor Hanna made some statements the day after the election about the firefighters who had supported his opponent during the campaign. He made a mistake, and for the past month he has suffered for it. He apologized and admitted he was wrong, and he had publicly and privately made efforts to end the dispute between him and our firefighters. Despite that, the firefighters' union has refused to back off and has been pursuing a public campaign, of which they have a right to do, in an effort to take advantage of the disagreement with the mayor and convince the people of Fayetteville that the City Council should legally recognize the firefighters' union by voting to have the City of Fayetteville enter into a collective bargaining contract with them. Like my fellow City Council members, I have resisted publicly commenting on this situation, hoping that it would simply die. It has become clear to me, though, that won't happen if this Council continues to remain silent. I think the time and place to address this is at a City Council meeting rather than in press releases or holding press conferences. We are lucky in Fayetteville to have a good mayor, and we are fortunate to have some of the best firefighters in the State of Arkansas. We have an excellent fire chief, and we have an excellent fire department. We need to make sure that we preserve what we have. I think the way to do that is for all of us to work together instead of against each other. Those of us, and I don't mean to presume to speak for anybody else, but those of us who sit on this City Council at this time and those who will start serving in January believe that any citizen has the right to support whomever they please for public office. They have the unfettered right to speak out for candidates and to campaign and vote for them. Those rights belong to every single Fayetteville city employee as long as they December 7, 1994 are exercised off duty and away from the job. Every single one of our firefighters are protected by civil service rules and regulations. Their jobs are secure, and their constitutional rights will always be fully recognized and protected. I think our firefighters really know this. What this is all about, in my judgement, is a union trying to change the way we do things here in Fayetteville. It is not about job security, and it is not about free speech. Instead, it is about unions and collective bargaining contracts. If the citizens of Fayetteville know what the facts are, I believe they will soundly reject any effort to unionize City employees. The pay scale for City employees is governed by the Hay Plan which was adopted by the City several years ago. The plan sets regular step raises based on regional and national comparisons of the age scale for similar jobs. The city employees, at least based on my experience, are very .satisfied with this plan, and I like it because it keeps politics out of salaries. Fayetteville's firefighters have been treated very well in the two years that Mayor Hanna and this City Council have served. The average Fayetteville firefighter received a 5% raise in 1993, a 5% raise in 1994, and a 12% step increase based on the Hay Plan in 1994 which was designed to bring firefighters' pay up to par with those firefighters in cities of comparable size and region. It should also be noted that since 1980 the overall number of city employees has increased by 35% whereas within the fire department itself I believe the numbers indicate that employees have increased by 50%. This city has a history of treating its employees well. We have in place right now a pay plan which is fair and which will serve us well for many years to come. If we were to recognize one union, no matter who it was, the name of the union, or who they represent, and enter into a collective bargaining contract with the members of that union, then we would be obligated at that point to recognize and contract with any other union representing city employees. We could not recognize one without recognizing others. It simply would not be fair. The people of Fayetteville need to understand that if the City Council should decide to recognize the firefighters' union, it would eventually lead to the City of Fayetteville being a union shop. It is just my belief, and I don't mean this personally at all, but my belief is that most people in Fayetteville would be opposed to that, as would many of our city employees. The recent election here in Fayetteville was not about unions, and it was not about collective bargaining. It was about managing our growth, protecting neighborhoods, finding solutions to traffic problems, and looking for ways to meet our infrastructure needs as we continue to grow. I will point out to the City Council members who will take office in January that if we get caught up in a divisive public debate about unions and collective bargaining, then our ability to address the issues which really count and which really matter to the citizens of this town will be seriously impaired. I hope the firefighters' union will consider dropping the further efforts to seek a collective bargaining contract, and I hope the City Council can find more ways to build more fire stations to improve coverage and response times. I think there are other areas where we can work together and do some good things for all of us. I hope the firemen will join with us, and I am sure they will in addressing public safety issues. It is strictly up to the Fayetteville firefighters to decide whether to continue with their public campaign for December 7, 1994 union recognition. I hope they will realize that the overwhelming majority of people in Fayetteville will never support union recognition and that to continue down this course will be divisive and damaging. I want to work with and not against our fire department but I do want to go on record right now that if the union continues with their effort for legal recognition and collective bargaining, and they certainly have that right to do that, that personally I will fight them every step of the way as long'as I am on this City Council, and that's. all I have to say". Mayor Hanna stated since Alderman Bassett was the only one to ask to be placed on the agenda, he assumed no one else wanted to speak. Alderman Vorsanger stated he wanted to be associated with Bassett's statement. • Alderman Odom stated, although he agreed with.some of the comments about working together, he, did ,not, want to be' associated with Bassett's statement. Most city, -hearings give an opportunity for people to respond to statements. He stated he.did not agree that the overwhelming majority of citizens of Fayetteville are against unions or that unions are a bad thing. There are certain..events,which might .raise . the need to discuss this a little bit further.. . r �- r , - 1 t Alderman Miller stated he worked as a garbage collector for the City of Milwaukee for three years in the 60'.s. The entire City of Milwaukee .is a union shop. .There were iron -clad rules in our union that we would never strike and that pay was never an issue. As a union, the only thing we ever bargained with was issues of equipment and safety for the workers of the City of Milwaukee. Unions protect their people, and the unions allowworkers to give a united front. The firefighters' union is the only,union in town right now, and they have been with us a -long time. If I am>not mistaken, 61 out of 62 firefighters are in this union. I know several of these gentlemen very well, and they have assured me that they would never strike, and pay is not an issue with them but that safety, equipment, and new fire stations are. Although I feel kind of ambiguous about the collective bargaining part, I don't know if we should hesitate in recognizing the union. Alderman Williams asked if there is an ordinance prohibiting us from talking to our. representative of the union. City. Attorney Rose stated there is a personnel policy section which specifically states that we do not recognize unions as representatives or groups as representatives of our employees. Alderman Williams stated communication is important. There is some fear regarding unions. Arkansas is a right-to-work state. It -is very difficult to get a union shop in a right-to-work state because people do not have to be a member of a union and you can not exclude other people. Hopefully this will .not be a divisive issue. No matter what is done up here, people have a constitutional right to campaign and vote as they see fit. December 7, 1994 Alderman Daniel addressed the issue of paranoia about collective bargaining throughout the state. She stated she is sympathetic with the firemen. She commended the firemen. Alderman Box expressed his support for the firemen. He stated there are concerns about recognizing a union as far as being a bargaining entity. All employees should be treated the same. Ted Youmans, President of the Fayetteville Firefighters' Association, stated "The firemen are not asking for a pay raise and that we agree with the recommendations of the Hay group. We merely want in writing what we have now. I understand that there is a fear that we will do like some of the big cities and go out on strike for pay raises or benefits. Our union believes in public safety at all times and we do not believe in going on strike at the risk of public safety. We would be willing to sign any agreement stating that there would be a no -strike clause. We have had a firefighters' union in Fayetteville for almost thirteen years. I would like to ask that everyone look at their past as a good indication of the future. Our organization, nationwide, is the single largest contributor to the Muscular Dystrophy Association, we go to schools and give safety demonstrations and tours of the trucks, and, when someone is burned out of their home, we put citizens up in a motel for two nights free of charge until they have time to contact their insurance company or families. Almost two-thirds of our members have become emergency medical technicians, which is not a requirement but done only by choice, because of the wish to provide better service to our community. Starting tomorrow, for the next three days, we will be ringing bells for the Salvation Army, and we furnish half the candy at Halloween. We furnish half of the smoke detectors that go out to the needy in the city, and, as a labor organization, we fight for capital improvement for the citizens, not for personal gain. This city has grown beyond our wildest dreams. Since 1981, as far back as computerized construction permit records go, there have been 3,072 single family homes built in this city; 50 in 1981, over 400 in 1983, and over that number at the end of this year. We have built 477 duplexes, 413 apartment buildings at 3 or more units with most being 8 units or more, and 506 commercial structures in the city. City Hall has been renovated. We have a state-of-the-art sewer system, and our city shop and Parks and Recreation either have buildings in the works or in the planning stages. The police department has renovated the old J.C. Penney building for their head quarters. These construction figures do not reflect on the construction which as gone up at the University of Arkansas; Bud Walton Arena, Bell Engineering, and the poultry research facility. Also, it does not include the additional streets, population, and square mileages that have been added to the city since 1981. Four out of 5 of our stations are thirty years old. Any remodeling has been done by on -duty manpower, saving the city a considerable amount of money. With all this growth, our department has yet to see additional stations. We understand with additional stations that there will be a need for additional equipment and manpower. We also understand that these have to be planned and budgeted and that money has not been set aside to 1 'December 7, 1994 et 44 accomplish this yet. We greatly appreciate the addition of manpower which is moving us toward 3 -man engine companies. The National Fire Protection Association Standard 1500, which is a nationally recognized standard, recommends 4 -man engine companies. Because of this lack of growth within our city's firefighting department, the Fayetteville Firefighters' Association has found it necessary to become more involved in what goes on. After all, our lives and the citizens' lives are at stake. In closing, our organization has been in existence for almost thirteen years. We have always had an excellent working relationship with the city and its citizens. According to the Fayetteville personnel policy, section 6-20, paragraph 1-A, the Mayor and City Council are prohibited from even meeting with our association. We ask that the article be changed to allow us to meet with the Mayor or his designee to voice our concerns. Thank you". Pete Reagan, President of the Arkansas Professional Firefighters and a member of the Fayetteville Firefighters' Association stated "As President of the Arkansas Professional Firefighters for the past five years, part of my job is to hear and settle disputes between firefighters and their cities. I can say that in the three cities in Arkansas that currently have contracts with their firefighters which include Little Rock, North Little Rock, and Benton, I have not been called upon to settle anything because an open line of communication exists between the firefighters and their city fathers. The City of Fayetteville personnel policy now states that the mayor and aldermen are prohibited from sitting down with a representative,..of . the Fayetteville Firefighters' Association,.and discussing their concerns. ,What the firefighters are asking for is that a change be made inthe personnel policy to allow'the city council, the Mayor, or his designee to sit down and reduce to writing our current weights and benefits package; nothing more. That's the bottom line. I can not see that it will take any additional taxes levied against our citizens to do that. 'Thank you". • Alderman Bassett stating he has,had an open line of .communication and will talk to them any time. He stated he met . with the: union in his office for about two hours a few months ago. He did not mean to imply that unions are bad. He apologized to anyone who might have perceived it that way and explained that this is not a necessity in Fayetteville. Fayetteville is doing great without it and it would cause a lot of problems. EMERGENCY CHANGE ORDER Mayor Hanna introduced consideration of an agenda. request for Public Works. Kevin Crosson stated it is a request for an emergency change order on the Mill Avenue. Extension Project. Council approval is necessary because the work .being done •on the project will cost more than the ..existing contingency amount and more than the Mayor can approve. He explained details of the work being done. . December 7, 1994 In answer to a question from Alderman Edens, Crosson stated this was not known prior to bidding the contract. Vorsanger, seconded by Odom, made a motion to approve the change order. Upon roll call, the notion passed by a vote of 8 to 0. RESOLUTION 136-94 AS RECORDED IN THE CITY CLERK'S OFFICE. MISSING GIR=, Mayor Hanna announced the distribution of a poster of a missing young lady, Missy Witt, from Fort Smith. She disappeared last Thursday or Friday in Fort Smith. The poster asks that anyone with information on this young lady please contact the Fort Smith Police Department. ADJOURNMENT The meeting adjourned at 9:15 p.m.