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HomeMy WebLinkAbout1995-01-17 Minutes23 MINUTES OF A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, January 17, 1995, 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, Cyrus Young, Woody Bassett, Steve Parker, Robert Prichard, Len Schaper, and Heather Daniel; City Attorney Jerry Rose; City Clerk/Treasurer Traci Paul; Administrative Services Director Ben Mayes; Planning Director Alett Little; Environmental Affairs Administrator Cheryl Zotti; members of staff, press, and audience. CALL TO ORDER Mayor Hanna called the meeting to order with eight aldermen present. 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. REZONING R94-58: An ordinance rezoning 2.43 acres located on the south side of Johnson Road and west of North College Avenue from A-1, Agricultural to C-2, Thoroughfare Commercial, as requested by Carl and Elizabeth Fite and Sherri McAdow. City Attorney Rose read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3863 APPEARS ON PAGE OF ORDINANCE BOOK B. REZONING R94-59: An ordinance rezoning 1.12 acres located at 1700 Huntsville Road from R-1, Low Density Residential to R -O, Residential -Office, as requested by Karyn Brophy. City Attorney Rose read the ordinance for the second time. Alderman Miller commented that this would be an accountant's office. Williams, seconded by Miller, made a motion to 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 1, with Prichard voting no. The City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3864 APPEARS ON PAGE OF ORDINANCE BOOK 24 January 17, 1995 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 the grouped, together and approved simultaneously under'a "Consent Agenda": A. Minutes of the. January 3, regular City Council meeting. B. A resolution accepting proposal for RFP 94-9 and approval of a contract with-:BoatiYard,, Inc. in the amount of $21,600 for the:operation•of the Lake Seguoyah Boat Dock. RESOLUTION 695 AS RECORDED IN THE CITY CLERK'S OFFICE. C. A resolution approving Change Order #3 to Resolution 9-94 and a budget adjustment for -completion of the digital collection of planimetric and topographic data for use in our geographic information system. - - • RESOLUTION 7-95 AS RECORDED IN THE CITY CLERK'S OFFICE. D. A resolution accepting low Bid 94-102 and awarding•a contract.to Fayette Tree & Trench, Inc.' in the amount of :I $184,770 plus1a1O% contingency of. $18,477 for the Park Apartments. Water Line Replacement Project, and approving a -budget adjustment:"f - >... • RESOLUTION.8-95 AS RECORDED -IN THE CITY CLERK'S OFFICE. Miller, agenda. 1 '7 seconded by Young, made a motion to accept the consent Upon roll call,°the motion passed by a vote of 8 to 0. RECYCLING BAGS Mayor Hanna introduced consideration of a resolution accepting low Bid 94-96 from,Phoenix.�Recycling,.'Inc.ifor the purchase of plastic bags for the City's Curkside*Recycling~-Program-.in the amount of $47,424, and approving a-budgetidjustment.- ' " Environmental Affairs Administrator Cheryl.Zotti stated that the approvals of the proposed,`reso1ution WouldA allow- the Curbside Recycling. Program to be implemented"'on 'February .27,• .1995'. Residents -will beasked toco-.mingle all of.theircontainers, such as aluminum cans; :clear:, bosqn andrgreen glass`;#steel cans; two liter soda bottles; and plastie'm lk?jugs.into.the!bags provided. Curbside collection .of •recyclables, yard waste, and household garbage will occur once'.per week'. Newsprint and corrugated cardboard will also be collected but should not be placed in the recycling bags. 4;+' January 17, 1995 Zotti explained that the City wanted to supply the first year of bags as a convenience to Fayetteville residents. She stated a packet of educational materials and 52 recycling bags will be distributed to each residence. Collections have been rerouted and a map of the new routes will also be provided. The information should be distributed during the first week of February. Alderman Miller, chairman of the Environmental Concerns Committee, stated bags are being provided with hopes of making recycling as easy as possible. We are hoping for 70% participation. Miller, seconded by Williams, made a motion to approve the resolution. In answer to questions from Alderman Young, Zotti stated inserts which originally came with the newspaper will be accepted. Staples do not have to be removed. In answer to a question from Alderman Miller, Zotti stated there are many varieties of #1 and #2 plastics. At this time, the program is limited to what the processor will accept. More items may be added in the future. In answer to a question from Alderman Schaper regarding recyclables from county residents, Zotti stated the eight existing drop off stations will be removed and be relocated into apartment complexes. The program concentrates on the citizens of Fayetteville. Washington County is working on its own recycling program. Alderman Miller suggested that the City provide a drop off station at the City Shop until the county's program went into effect. Zotti stated that could be done. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 9-95 AS RECORDED IN THE CITY CLERK'S OFFICE. PLAT APPEAL Mayor Hanna introduced consideration of an appeal of the Planning Commission's decision to approve a plat for Hidden Lake Subdivision to be located between Old Wire Rd., Ranch Dr., and Mission Blvd. Alderman Young explained that because of a possible conflict of interest, he would not be participating in any discussion on the appeal and that he would be abstaining on the vote. 25 26 January 17, 1995 Planning Director Alett Little stated Hidden Lake. Subdivision exists on 15 acres and contains 42 lots ` The Planning Commission recommended approval of this subdivision. The Council voted, at their last meeting, to rehear -this plat.. There have been several meetings held regarding this plat. The major concern is drainage. The Corps of Engineers has determined that there are no wetlands on the site. In answer to a question from Alderman Daniel, Little stated the normal process is to have a preliminary plat approved subject to a detailed drainage report being prepared. A detailed report is being prepared by the Engineer for the project. In answer to a question from Alderman Prichard, Little stated the report isnearing. completion. City Engineer Don Bunn stated a preliminary drainage report has been submitted. According to Mel Milholland, the final drainage report should be done in four weeks. As part of that report, Milholland will be routing flood waters through the area. This will help determine how the planned detention will work. The structure currently under Old Wire Road overflows at times. Routing. water through the property will provide an idea of how often it overflows. That structure is unusual because it is not :placed at the low point of Old Wire Road. In answer to a question from Planning Director Little, Bunn stated the City would need a week to ten days to review the final report. In answer to a question from Alderman Williams, Bunn stated the drainage plan for the previously proposed subdivision for:this property, Jackson Place, called for the structure under Old Wire Road to be enlarged to handle:at least a 25 year flow. Before that could be implemented, a detailed flood routing study would be required. The flood watersthat flow through that area are pretty well established. Most of the land in the area is developed. Most of the property down stream"is shown to -be in the 100 year flood plain. Any new structure on Old Wire Road could not allow water to get through there so quickly as to'raise flood levels down stream to the point where they endanger houses. In answer to another question from Alderman Williams regarding flooding.. in the area every 'five years, -Bunn- stated that is the statistical storm that the:existing box on Old Wire will except. Alderman.Parker.. asked rif the houses located down streamfrom:the box culvert were experieincingiperiodic,flooding problems.. Bunn stated he was not aware of any problems. Alderman Daniel stated aesthetically the plat is an improvement over the. previous .one, but there is concern about the water. ;? t 27 January 17, 1995 Alderman Miller stated the final drainage plan has to be submitted before the final plat is approved. Nothing will be built on the property until the drainage plan is in place. Developers have been asked to infill in the City. The developer on this project has been asked to save some trees, the pond, and the Jackson House. Although there is some concern about drainage, the developer is trying to cooperate with the project. In answer to a question from Alderman Parker regarding the flood figures, Bunn stated the flows from any of the several springs on the property are insignificant. The developer needs to take extra care in construction of French Drains, especially where there are existing springs. Alderman Parker asked how long the developer will be liable for damages caused if the drainage figures are inaccurate. City Attorney Rose stated the developer is liable for whatever damage is caused. When the developer transfers ownership of property to someone else or dedicates streets or easements, the City may be involved as well. The City may have a moral liability for drainage in the city but not a legally enforceable duty to correct every drainage problem within the city. Alderman Parker expressed concern that the City may be responsible for any damages should the drainage plan fail. Rose stated when the City approves a drainage plan they do not incur a legal liability to anyone. The City approves plans but it is not meant to be a warranty program for citizens to rely upon to that degree of legal certainty. Little stated an engineer owns plans and the liability that goes along with the plans once he has certified and stamped them. The City requires plans to be certified and stamped. Alderman Parker stated there is a certain amount of land being donated for greenspace. If the pond and stream become City property and then there is a flood, would the City be liable? Rose stated the City may be assuming some potential liability. Alderman Williams stated the development is well conceived and suggested the developer build a walkway around the lake. A final drainage plan still has to be approved by the engineering staff. This development is an improvement from the plat presented to the Council last year. Alderman Schaper expressed concern about the five acres left out of the development that would become land -locked. 28 January 17, 1995 Mel Milholland•explained that there would be.aroad built above the high water point in the`detention pond. In answer to a question from Alderman Schaper, Milholland stated there are no:plans for the:back five acres: ,Mr.'Jackson.still owns that land: -The developers, BMP Development; is not interested in that portion of the land. In answer to a question from Alderman Williams, Little stated if someone wanted to .subdivide the -five acres in the future, they would be required to go through the entire -subdivision process. If a single home were beingproposed., they .would not. : Bunn stated when calculations are made:for the drainage plan, the five acres will be treated»as if it were fully developed:.. • Alderman Schaper expressed concern about the Jackson House which exists.on^the property and=is on the National Register of'Historic Places.. He stated the house dates back toH1872 and was built with bricks that were made on the site. Included. are a pump hoose and &,garage... The structures are proposed to be on separate lots or removed. We are losing a very historically significant site. Cyrus Sutherland stated he and Mr. Jackson have discussed the significance of the Jackson.House.. It is one. of the great houses of Northwest Arkansas. It is an example of Federal Style and is in sound .condition: 'The house deserves more honor than it is receiving in this development.''He suggested the lot containing the house be larger and•the avenue of trees be restored. He offered to share with the developers a Sketch'of''the•development as he would like to see it. In answer to -.a question from.Aiderman Williams, Sutherland stated the house should -.be and is eligible to be on the National Register. He stated he did not know.if it was.• . ... . t . �. Alderman Schaper explained•that_the 2ol0,planstated the house was on the National,Register.., Little stated the list in the 2010 plan came from the State. In answerNto a;.question!from Alderman Parker, Bunn stated if the City develops the: donated land as'ta;park, "there could be associated costs. Alderman Schaper addressed Mr: Jackson about better -preserving -the Jackson House: Mr. Jackson stated 'these'.things-become an -economic situation. Preserving the house -would take a buyer interested in spending the money to do it. People have approached me on the house itself and on the entire property. 29 January 17, 1995 Alderman Williams stated another lot could be purchased around the house if a buyer wanted more land. In answer to a question from Alderman Schaper, Little stated an individual from South Carolina did contact the Planning Office regarding this property. The call was referred to Mr. Milholland's office. Alderman Parker stated there are people who are interested in purchasing the Jackson House lot and additional lots. Mark Marquess, BMP Development, stated this started off as an appeal because of drainage and now there is a concern about an historic home. The proposed development would allow for a park, a lake, trees, and a negotiated access. There has to be a point where enough is enough. The City could purchase the land if the historic value is so great. The City wants development within Fayetteville rather than on the edges. We have done just that. This development has taken and encompassed all the water of the entire property and brought it to retention. We have looked at the water that will be affected by the development after it is completely subdivided. We have bettered the drainage in the area. Developers and contractors have a one year warranty once it is turned over to the City to make sure the infrastructure is going to be maintained. We are going to give $10,000 to the City to help aid on the box culvert and to help people we are not even affecting. We have agreed to build an underground storm sewer pipe. There are no plans for the five acres left out of the development. The development has been planned in accordance with the City's concerns and wishes. Parker, seconded by Prichard, made a motion to table this discussion until after the City Engineer has received and evaluated the final drainage plan Upon roll call, the motion failed by a vote of 3 to 5, with Williams, Bassett, Daniel, and Miller voting no and Young Abstaining. In answer to a question from Alderman Bassett, Marquess stated the Jackson House will not be torn down. In answer to another question from Alderman Bassett, Milholland stated the pump house is on the edge of the proposed street right- of-way. A sewer line is proposed that would be through the middle of it. Williams, seconded by Bassett, made a motion to affirm the Planning Commission's decision on this plat. Helen Gage expressed concern about the view of the subdivision from Mission Blvd. She asked if a wall or fence was planned. 30 January 17, 1995 Marquess stated Old Wire and Mission are planned,.to be widened and sidewalks built. There will lbe trees' planted but there. are no plans for a iaall or fence. In answer to a question from Alderman.Schaper, Little stated as a condition of approval of the plat, the developer did dedicate the necessary right-of-way to bring the width of Mission on that side up to 50 feet. Morty Newmark expressed.concern;about manholes oh Overcrest Street. He stated he would like to see. a drainage?study before the Council approves-this•subdivision. , Aldermen Williams and Miller explained will be approved,before,the_final plat that=a»final drainage plan is approved. • In answer to a question 'from.=Newmark,“Littlestated the drainage study would be public record.. final Upon roll call, the motion passed by a vote of 5 to 3, with Young abstaining, and Parker, Prichard,=and Schaper voting no. REZONING R94-60 RECONSIDERATION The reconsideration of an ordinance rezoning of 51..39 acres located north of Wedington and west.of 54th!.Avenue from -A-1, Agricultural to R-1.5, Moderate Density Residential as requested by Richard Bundrick on behalf of J.D. Hall was approved by the Council at their December 20 meeting. Alderman Schaper stated the previous Council was told not to consider particular development plans when considering rezonings. The maximum. development potential needs to be considered. Moderate Density Residential, R-1.5, permits one, two, and three •family dwellings;. six thousand square foot.lots for single family; or a net of 34630 'square feet of lot far each unit of multiple family. The net density could be up to 12 dwelling units per acre. On the subject -property, the development potential isupto 450 dwelling units, if developed as multi family. For single family development, the potential is 275 dwelling units.. There are concerns about the demand that .places on the. infrastructure out on the west end of town. During the December 12 Planning Commission meeting; there was, no discussion about the Sewer..capacity out there. In an answer to a question from Alderman Schaper regarding the status of the:sewer capacity in: .the area, -City Engineer Don Bunn stated the'capacity of the area is governed by the Hamestring Creek pump station and a force main that goes back into town. There is a project in the works that will increase the capacity of the pump station by about 50%.• It will handle additional development:in the area. 31 January 17, 1995 In answer to a question from Alderman Williams, Bunn stated the pump station is not being upgraded because of Mr. Bundrick's development, but because of all the development inthe area at this time. In answer to a question from Alderman Parker, Bunn stated the capacity out there right now compared to the developments that have been approved is running about 80%. The improvement will increase capacities by 50%, which would allow for the development of this property as it is planned to be developed. Alderman Parker asked if the City could operate indefinitely at 80% capacity level without having to increase it. Bunn stated money has been collected from developers as they developed in the area for the specific purpose of adding pumps to the pump station which would increase the capacity. We do not plan to operate at 80%. We hope to develop a sewer system study which will address other areas of Fayetteville as well as the west side. Alderman Schaper stated the major concern is the traffic situation out on Wedington Drive. The vehicle count of trips per day in 1987 was 6,000 and the 1992 estimate, which is the most recent, is 14,000. The State, which controls what is going on out there, has already approved widening a portion of Wedington Drive. It is scheduled for ten years from now. It is already over the .89 volume to capacity ratio needed to widen from a two lane road to a four lane road. In answer to a question from Alderman Schaper, Little stated that between 1993 and 1994 there have been 1,500 new lots created in the area. In answer to another question from Alderman Schaper, Little stated for a single family house, the average number of vehicle trips per day per household is ten. For a duplex or multi -family, the average number is eight. Little stated the last count on the current traffic on Wedington that she was aware of was 13,000 cars per day. The projection for 2010 is around 20,000 per day. We expect to exceed that. The area from Salem Road to the By-pass is over capacity. The section of Wedington from the By-pass to Garland is probably also over capacity. Alderman Schaper commented that the section from the By-pass to Garland was scheduled to be widened this year but has been postponed until possibly 1996. Little stated the State is acquiring right-of-way. 32 rf January 17,.1995. Alderman Schaper stated there are many developments currently being constructed in the area that. will add significantly to the traffic already on Wedington Drive. This rezoning, at its maximum development potential, would add 4,500 trips per day. Access to Wedington is. the only way in and out. The infrastructure is not in place to sustain that level of traffic and encourage any more development in that corridor. In answer to a question from Don Bunn, Little stated there was not a bill of assurance offered with the rezoning. - In answer to a question from Mayor Hanna, Littlestated most of the 1,500 lots are under construction in the following subdivisions: Crystal Springs, Northwest Acres, Barnes Large Scale Development and Subdivision., Willow Springs, Bridgeport, Fieldstone, Owl Creek, Meadowlands, Pine Crest, and Pine.Valley. Some of the subdivisions listed have access to ,Mount Comfort Road or other streets. a.. a In answer to another question from Mayor Hanna, Little .stated normally 300 to 600 :single family . homes are ;built each year in Fayetteville. tt_ 3 Mayor Hanna commented that.it would take up to six years to develop the lots that have been platted in the area: „ -Alderman Schaper explained that even another 300 houses being developed in the next few years would make a significant impact on - thealready over capacity road. Mayor Hanna stated the State upgrades. their improvement:plans as priorities change. Priorities are based on traffic flow and need. The State may not wait ten years t� improve Wedington. Improvement possibilities are in the works. Alderman Daniel presented pictures and video taken that morning on Wedington Drive during rush hour. Little stated the State Highway Department plans to improve Highway 16, from U.S. 71 to Double Springs Road, within five years. The Regional Planning Commission just received this information. Alderman Schaper stated if that area of town is continually developed at the densities that it has been, therecouldbe 30,000 people in that area of town. In answer to,a question from Mayor Hanna.regarding an alternative, Alderman Schaper stated it is unwise for the City to be encouraging dense development that far from town.' People who will be living out there will have to use theircars for every trip because we do not have a Master Plan that will allow some of the ideas of the village concept to take- over. Housing should be built in the denser areas of the city where theinfrastructureis already in 33 January 17, 1995 place. Maybe incentives could be given for that kind of development. Alderman Williams pointed out that there are traffic jams all over Fayetteville. North College Avenue may be worse than Wedington. Mission Blvd. is another problem area. - Alderman Young expressed concern about the opposition to Hidden Lake Subdivision if that is the kind of development that Fayetteville needs. Alderman Parker stated the concern about Hidden Lake Subdivision is a drainage concern. This is an area where the City has to extend out the infrastructure. Mayor Hanna explained that a similar conversation took place 20 years ago. Sewer lines and water lines were run out Highway 16 so that development could take place. The drainage situation was improved in the area. The City made provisions for this population shift. In answer to a question from Alderman Parker, Bunn stated when subdivisions are developed, the developer extends water and sewer lines from existing lines and the streets are developed, all at no cost to the City. Exceptions to that come about when the City wants to upsize a line for development beyond what is being developed. Maintenance after that is the responsibility of the City. Don Curtis, a Salem Road resident, stated the area had been completely developed since he purchased his house three years ago. Some of the area residents were not aware of this request until recently. As requested by Mr. Curtis, approximately 25 people raised there hands as being affected by the rezoning. Curtis stated he was primarily concerned about traffic. He suggested roads be improved to handle existing problems before additional development occurs. Marshall Carlisle, Mr. Bundrick's attorney, stated that the question before the Council tonight is whether or not the Council on December 20, 1994, made a mistake. In reviewing the history of this property as it went through City processes, He could find nothing wrong. The original concept of this development was for affordable housing which is desperately needed in Fayetteville. Alderman Schaper asked if the Council was hearing a rezoning or a development proposal. 34 January 17, 1995 Alderman Williams pointed out that Mr. Carlisle ..may be offering an oral bill of assurance. Carlisle -stated he wanted to .explain -the project, particularlyto the members of the. Council who were not at the previous meeting. Referring to an article in the. Arkansas Business Publication; Carlisle stated affordable single family homes accounted far 1.1% of the dwelling units constructed in Benton andWashington Counties for the first nine months•on 1994. Affordable housing. is a house that costs less than $70,000. This City is. going through the biggest boom in its history. Unlike other developers, Mr. Bundrick is offering housing to the working class people of Fayetteville. The proposed subdivision. would create 170 lots on 51 acres. To keep housing costs low, .the developer has to buy -the land, subdivide, and build the houses himself. According to Traffic Superintendent Perry Franklin, 170 lots will create a daily .flow of traffic of 1.,600: In the first phase of development, which will be 100 lots, the traffic capacity would be`950. There will be a park and a day care center within this proposed development. According to an article in the Morning News, Highway 16 will be improved within the next one to three years.. The question before the Council is weather or -not to provide affordable housing now or stop development and hopefully provide it in the future. Alderman Schaper expressed concern that the discussion was becoming a•.development hearing rather than a rezoning hearing. In answer to a question from Alderman Williams, Little stated that a bill of assurance had not been offered but Sounded like it could be.a possibility. A bill of assurance would have to be presented in writing before the rezoning ordihance could be filed at 'the court .house. Carlisle stated the developer will offer .to the City a bill of assurance restricting the development to 170 lots for single family dwellings. • Mayor Hanna stated that the restriction will allow the City to know the maximum density.at whichfthe property could be developed. Greg Bone of Development Consultants Inc 4distributed a concept drawing of the proposed development for the property being rezoned. He stated the plan isva concept and would-notpmeet the' requirements of a preliminary.plat. a.It =.gives`• an' ideal'Of =.what is proposed. There are traffic,problems-in the area. -The City is going to grow and it cannot 'just be ,stopped. R°This as � an .,affordable housing project that-will4serve a heed in the -market: i -i a 35 January 17, 1995 In answer to questions from Alderman Schaper, Bone stated there is a section in the front of the development that will be a 5 acre out parcel that will remain a single family residence. There will be a possible park within the development. The day care is planned for the first corner lot inside the development. There is.a family cemetery on the acreage that will be platted around. Alderman Daniel expressed concern about only one entrance and exit. Alderman Schaper expressed concern about there being no possible future connections to any other neighborhoods. Bone stated that connections and an additional access could be provided. In answer to a question from Alderman Schaper, Bone stated the lots fronting the street are proposed to be accessed by a common driveway and the interior blocks would be accessed through an alleyway. Bone reminded the Council that proper notification was given to adjacent property owners. There were no comments from those property owners. In answer to a question from Alderman Schaper, Bone stated the people who would live in the development would probably work in town or in the region. Doris Dana, a Double Springs Road resident, expressed concern about the danger of traveling on Wedington. She stated there should not be any additional development until the road is improved. Ginny Masullo, a Rupple Road resident, stated the Rupple Road area does not have sewage yet. She questioned the right to place it in other areas. She also expressed concern that the City would allow a large development before the infrastructure was in place. She stated the Council should make plans for the west before any more development is approved and traffic added. Allen Jones, a developer from California, stated infrastructure is not put in place until there is a need. The City is losing money because many people who work in Fayetteville are living outside the city. Many people cannot afford to live in Fayetteville. The Council should allow the zoning so that the improvement issued can be addressed. Alderman Schaper stated that City expenditures are not financed by property taxes. Alderman Parker stated the school funds from this particular project would go to Farmington. 36 January 17, 1995 Mayor Hanna pointed out that the sales tax -would :go to Fayetteville. Joan Pehosh, 788 N. 46th, stated there are already four subdivisions within 1.2 miles of the By-pass that have affordable housing. Some of the houses- recently built in the area are deteriorating. She expressed concern about the accidents that have occurred on Wedington and the less -than -safe driving habits of the Salem.Road residents as they access Wedington. She stated the area is beginning to look undesirable and there is more building to go. Michael Andrews, a Salem Road -resident, stated the rezoning was previously passed all in one night. There was -not any •public input. There is a serious problem on Wedington that should not be made worse. The proposed development will probably be very nice but it is proposed for the wrong spot. This development might be more appropriate on Highway 62 West or.in the county. The City needs to follow the 2.010 -Plan and the village concept. Mike Pehosh, 788 N. 46th, expressed concern about a lack of communication between the people and theCouncil during previous Wedington Drive development discussions. He stated voicing his opinion seemed to be a waste of time. There are traffic problems all over Fayetteville. There have not been many main roads built in Fayetteville in the last 15'years. Better development planning needs ,to take—place. The widening that has taken place on Wedington did not solve any problems. In answer to a question from Alderman Schaper, Mr. Bundrick stated that he currently does not own the property. Alderman Bassett stated that for a number of years there were no street improvements in Fayetteville because of a lawsuit. It really threw our infrastructure behind. The City has done more road work in the last two years than in the previous eight. Fayetteville needs to pressure and influence the State to help us with our infrastructure"`needs: . • e _ L a•- - Alderman Miller suggested that everyone -concerned about the traffic situation on Wedington should contact the State Highway Department. - • p.. A' ' 4 In answer to. a question from Mayor Hanna,4City'Attorney Rose stated the ordinance is to be. -treated as it was when it was first presented to the Council.' • no 1 • City Attorney Rose read the ordinance for the first time. 1 January 17, 1995 COMPUTER MAPPING Mayor Hanna introduced consideration of an ordinance authorizing the City Council to set the schedule of prices for the sale to the public of certain computer mapping products produced by the City of Fayetteville. - City Attorney Rose read the ordinance for the first time. Young, seconded by Daniel, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 8 to 0; and the City Attorney read the ordinance for the second time. Young, seconded by Miller, made a motion to further suspend the rules and place the ordinance on its third reading. Upon roll call, the motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 8 to 0. Upon roll call, the emergency clause passed by a vote of 8 to 0. ORDINANCE 3865 APPEARS ON PAGE OF ORDINANCE BOOK COMPUTER MAPPING PRICES Mayor Hanna introduced consideration of a resolution setting prices for the sale of digital aerial photographs and certain computer mapping products produced by the City of Fayetteville. Miller, seconded by Schaper, made a motion to pass the resolution. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 10-95 AS RECORDED IN THE CITY CLERK'S OFFICE. PERSONNEL POLICY AMENDMENT Mayor Hanna introduced consideration of a resolution amending Section VI -20 (1)(a) of the City Personnel Policy and Section VI -18 (1)(a) of the City Civil Service Policy to allow for recognition of employee organizations as the sole spokesperson for any category of employees. Mayor Hanna explained that the amendment had been discussed previously by the Council as an ordinance. Alderman Daniel expressed her support for the firemen and the amendment. She stated she would not go any further on the issue. Mayor Hanna stated it is not necessary to move the City any closer toward recognizing a union as a sole bargaining agent for a group of people. This resolution is redundant and unnecessary. Firemen are protected by Civil Service and the Hay Plan. Cutting services 37 38 • January' 17.y 194167- .., or raising taxes could bePthe resultof goingfrom=.;a right-to-work situation to a union shop. «This type`of resolution is unnecessary aslong as City employees. are being treated fairly: City employees are not being treated unfairly. Alderman Miller expressed"his support for unions. He stated the amendment would increase communication but a wording change should be made. Miller, seconded by Williams, made, a motion to strike the words "the sole spokesperson" and change it to "a spokesperson." In answer to a .question from Alderman Young, Miller stated that would apply to both sections. Alderman Parker suggested "category" be changes to "group." . $ { Miller, seconded by Williams, made a motion to include the change of "category" to "group" in the original motion. •Alderman .Schaper expressed• concern about an existing lack of Communication. Mayor Hanna stated that according to law the job of communicating " with and supervising all City employees falls to the Mayor and not the Council members. Mayor Hanna -quoted a section from the Code of Ethics and stated he hoped. the Council would not let. promises made in the election influence their voteon this issue. Alderman Prichard stated he had belonged to various government unions. They deserve respect. They.cannot do things to harm their employer .and the public. They cannot go on strike. They can be good for both sides. Alderman Bassett stated the fire fighters have a right to join.A union just like the Council has the right not to recognize union. He expressed concern that the amendment 'would be' a'mistake and Would only cause problems: Mayor Hanna agreed that the fire 4fighters have a right 'to 'have their union -but not to be recognized by the City. In answer to a question from Alderman'Ydung; Personnel Director Don Bailey .stated if .aquestion arises on a policy issue specifically restricted to a Civil Service Employee, the Civil Service Policy is used. If a question refers to a General Employee, the General Policy•is used. -Civil Service Rules -and Regulations have the effect of law: When there'is a conflict, Civil. Service Regulations are used.. s 39 January 17, 1995 Alderman Parker stated this is the first step down the wrong road. He explained that a portion of the City Council Rules of Order and Procedure would need to be changed to allow the union to talk to aldermen. Mayor Hanna agreed that there needed to be revisions in the Rules of Order and Procedure. Alderman Bassett stated the Council members have been communicating with fire fighters. Bill Oestreich, Fleet Operations Superintendent, stated there has been good relations with the management and other City employees. In the past, it has been very easy to talk to the Mayor or any Council member. There has never been a communication avenue closed. Upon roll call, the motion to change the wording passed by a vote of 8 to O. Miller, seconded by Daniel, made a motion to approve the amendment. Upon roll call, the motion passed by a vote of 6 to 2, with Bassett and Parker voting no. RESOLUTION 11-95 AS RECORDED IN THE CITY CLERK'S OFFICE. LAND USE REOUIREMENT Mayor Hanna introduced consideration of a resolution requiring consideration of the recommendations of the 2010 General Plan in all land use decisions. Alderman Schaper stated there is a need to move ahead with adopting the 2010 Plan. Then it can be used when making land use decisions. Planning Director Alett Little stated the uses of the 2010 would come into play mainly on rezoning actions. The information would also be used with large scale developments and subdivisions. The Land Use Plan for the City is the document that directs the growth patterns for the City. The Zoning Ordinance is the implementing device that is used to bring the Land Use Plan into effect. The Land Use Plan is a long range plan. In the reports submitted to the Planning Commission at their meetings, general information regarding infrastructure is given, such as availability of water, sewer, and streets; traffic counts; adjacent land use compatibility; and department recommendations. Recommendations are made based on the request being in accordance with the General Plan. One of the duties of the Planning Commission is to make findings each time it takes an action. The staff tries to provide, in the reports, the information necessary for the Planning Commission to use in making findings. Under State law, the General 40 January. 17; :1995 Land_ Use Plan is not a prerequisite for having 'subdivision regulations or zoning ordinances. Little read Section 3 of the proposed resolution and stated she was unclear of the meaning. Little cited an example of what she understood to be the meaning and stated if that was the intent of Section 3, the Planning staff would not have a problem with it. The difference from what is done now and what would be done is to take specific provisions from the Plan, list them and - give an analysis of whether they are in compliance or not. In answer to a question from Alderman Bassett regarding Section 1 and 2 of the proposed resolution, Little stated thefirst' section would not cause a problem but the second section may affect rezonings Alderman Schaper stated discussions during Planning Commission meetings have.been limited -to narrow considerations. There have been occasions when therewas not staff recommendation. Little stated there is no recommendation when the positives are equal to the negatives. Then it is not feasible to make a recommendation based on the staff findings. Alderman Schaper suggested the City use the Plan that has been paid for and adopted by resolution-. It can be• used as a tool for guidance. Alderman Williams expressed concern that the Planning Commission, being unhappy with the 2010 Plan and some of the ordinances designed to implement it, may not want to forward ordinances dealing with the Plan. He stated even if the Planning Commission does not approve of an ordinance, they should refer it to the Council for review. Alderman Bassett stated the proposed -resolution by Alderman Schaper seems to make sense. As long as the Planning staff can work with the resolution, it may be helpful. Alderman Miller expressed his support --for the proposed resolution. Miller, seconded by Daniel, made a motion to accept the resolution. Alderman Young suggested the General Land Use Plan be revised and it be the plat that the Planning Commission- would abide by. The resolution specifically refers to the current Plan. If there were revisions, a new resolution would have t� be passed. The resolution should refer to the General Plan or the latest update thereof. .• January 17, 1995 Alderman Schaper stated this resolution would allow us to start looking at some of the provisions in the 2010 Plan and use them as guidance. Alderman Parker explained that the 2010 Plan is the expressed policy of the City of Fayetteville but the Planning Commission is not using it as their central theme. Describing an, example, Parker stated some requests are presented to the Planning Commission without comments. Little explained that on the specific item mentioned there were staff comments. The issues were not discussed by the Planning Commission. Little explained that the Planning staff comments are things such as adjacent land use, adjacent zoning, availability of City services, and the history of the area. Recommendations are different. A recommendation is usually a sentence long at the end of the report. Parker, seconded by Prichard, made emotion to change "directed" to ',required° in Section 1 and Section 2. Upon roll call, the amended motion passed by a vote of 5 to 3, with Williams, Young, and Bassett voting no. Wilson Kimbrough, 3110 Mt. Comfort Rd., stated the General Plan has. not been applied to requests going through the planning process. Little stated the subdivisions that have been processed are in accordance with the Future Land Use Plan. In answer to a question from Kimbrough, Little stated the plan does include the Growth Area. Kimbrough expressed support for both resolutions proposed by Alderman Schaper. Upon roll call, the resolution passed by a vote of 8 to 0. RESOLUTION 12-95 AS RECORDED IN THE CITY CLERK'S OFFICE. CURTAILING REZONINGS Mayor Hanna introduced consideration of a resolution curtailing the consideration of rezonings until a comprehensive land use plan is adopted by the Fayetteville City Council. Alderman Schaper stated the City has used rezoning as a substitute for land use planning. The City has been rezoning parcels of land as they come up instead of looking at them in the broader context of where we are going as a city. This proposed resolution is not a non -growth measure. It is a tool and supports intelligent 41 42 ii January 17-, 1995 growth.* We;need a specific land use plan that follows the General Plan:. There. should be a pattern of development and a••guide in the infrastructure. - Alderman Miller stated if there was a comprehensive land use plan, people would know what .zoning was allowed in the'area they want to develop. -The Council should not vote on theresolution until the public has been given enough time to give their input. i Alderman Williams stated he was reluctant to pass the proposed resolution. The 'Council should look at each rezoning request submitted on a case by, case basis .instead of restricting -all rezonings. The proposed resolution is too broad. - Alderman Schaper stated that by`not processing a certain number of rezonings, the'staff,-Planning Commissionand Council would have more free time to deal with new ordinances. Schaper explained the !importance of the: vilTage.concept.r . Planning -Director Alett Little stated it `will be impossible to establish village'centers`in"the•absencerof a Master Street Plan. 1 1` .� ,.i 4 e• 1 t In answer to a question from Arderman Bassett.regarding the September target=date set in the resolution; Little. stated it is attainable in terms of the Unified Development•Code: If a new -land use plan is going to be created...and anew -zoning -map -done, it could take•two.years to complete. Alderman Bassett •expressed concern that the proposed restriction may be •a problem because the information needed might not be available in September. Steve Ward, Fayetteville Chamber of:Commerce, suggested the Council' leave the proposal on the table to allow citizens time to give input. Developments take time; they do not happen over night. Developers and other construction business workers could have a lack of work for a periodof time after September. This is basically a moratorium. • Alderman Daniel stated the Council -needs to -take urgent -measures'. This is a good time .for this resolution. Limiting rezonings for a while could be good for staff. In answer to questions from Alderman'Parker, Little stated limiting rezonings would reduce the workload by about 25%." If rezonings continue,they would not.create a -problem as far as keeping up with information. Creating an inventory of developed and undeveloped land is a substantial task: 43 January 17, 1995 Rebecca Logerett expressed her support for the proposed resolution. She stated her husband is in the construction business and did fine through a similar situation in another state. He did not suffer from a lack of work. Sue Clemens, a resident of Edgehill Drive, stated buildersarevery busy and maybe things should slow down so they can catchup. Bud Tomlinson stated it is unwise to pass the proposed resolution. It would delay construction and growth too long. He suggested the City install a light at the intersection of Highway 16 and Salem Road and widen Highway 16. Alderman Parker stated he spoke to someone with the State Highway Department about the City paying for improvements and then being reimbursed by the State. This may not ever have been done before. Alderman Bassett suggested the City Council Street Committee look into that option. Bassett also pointed out that the City could place policemen at the intersection of Salem and Highway 16 during peak hours to help direct traffic. Mayor Hanna stated City staff has been discussing spending City money on improving Highway 16. Alderman Schaper stated the City would be required to get approval from the State for a signal on a highway. In doing the engineering studies in house, improvements could happen faster. Miller, seconded by Schaper, made a motion to table the resolution. Upon roll call, the motion passed by a vote of 8 to 0. OTHER BUSINESS ENGINEERING STANDARD SPECIFICATIONS City Engineer Don Bunn, in response to a request of information from Alderman Young, stated there is a proposed contract with RJN to establish some standard sewer specifications for the City. We have developed, in house, a set of standard water specifications. We have a drainage manual that sets some standards for drainage studies and what we do with drainage in the city. Up until now, we have depended on the standard specifications of the Highway Department. As far as streets and drainage specifications in terms of type of construction and materials, there is a set of specifications that has been adopted by the County and by Springdale. With some minor modifications, it would be suitable for Fayetteville. That could be developed in four to six months. In answer to a question from Alderman Young, City Attorney Rose stated specifications would be adopted by resolution. 44 January 17, 1995 CITY COUNCIL. ORIENTATION - Mayor Hanna announced that there would be a City Council Orientation from 4:30 p.m. to 8:30 p.m., Monday, January 30.- STREET COMMITTEEMEETING Alderman Daniel announced that there would be a Street Committee meeting on Tuesday, January -24, at 6:-30•p..m. CITY COUNCIL ENVIRONMENTAL.CONCERNS Alderman Miller announced that there` -would be a City Council Environmental'ConcernsCommittee meeting`on Friday, January 27, at 12:00 noon.. ADJOURNMENT The meetingadjourned at -11:15 p.m. •