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HomeMy WebLinkAbout1995-02-07 Minutes47 MINUTES OF A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, February 7, 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; Public Works Director Kevin Crosson; members of staff, press, and audience. CALL TO ORDER Mayor Hanna called the meeting to order with eight aldermen present. PARKS & RECREATION ADVISORY BOARD ANNUAL REPORT Susan Driver, Parks & Recreation Advisory Board member, stated the strength of Fayetteville's parks system is a result of the cooperation of the Youth Center, public schools, and volunteers. During the past year, the Parks & Recreation Advisory Board wanted to accomplish two major tasks. The first was to assess and prioritize the needs of our system, and the second was to choose and implement a strategy to narrow the gap between the needs expressed by the public and the funding available. This year some important issues are to keep pace with the growth of the city with athletic facilities, to develop and increase public access to city lakes, to service the people coming into the growth areas with park facilities that are accessible on a neighborhood basis, capital improvements in each park, and maintenance needs. An ad hoc committee, formed to study sources of additional revenue, recommended the pursuit of a special one -cent HMR tax for the development and improvement of parks. This recommendation will be submitted to the Council at a later date. The Parks & Recreation Advisory Board hopes to develop a clear strategy to reach its goals for this year. 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. MAYOR'S VETO: Mayor's veto of resolution 11-95 amending Section VI -20 (1)(a) of the City Personnel Policy and Section VI -18 (1)(a) of the City Civil Service Personnel Policy. 48 February 7, 1995 Mayor Hanna explained that there were three reasons for his veto. He statedthat"his decision to veto the resolution is in.the'best interest of the'City of Fayetteville. The Council can let the`veto lay, make a motion to uphold the veto, or make a motion to overturn the veto. _• 3 Alderman~Daniel: stressed.therimportance of working together with the Mayor's office and stated the Council should move on to more critical .issues. >, + -. .. . Alderman Parker stated he was concerned about the privileges taken away from the =fire- fighters ?`after the>..•election arid- expressed support for the'privilegesbeing reinstated. Alderman Miller stated he voted for the resolution because he felt the Council's communication ability with employees of the Citywas being curtailed. The Council just wants to be able to talk to anyone, anytime. He expressed support .for the lost privileges being returned to the fire fighters.' He stated something this little should not divide the City. Alderman Prichard read a prepared statement pointing out that the issue being discussed was a holdover item from the previous Council and that after making changes, the -current Council approved a resolution by a two-thirds vote. Prichard stated he felt like the Mayor was making the issue a contest - between the Mayor and the Council and that it was dividing the citizens. The wording change in the Personnel' Policy which was approved by the resolution was mild and .inoffensive. In actuality, it did not change anything. The issueisone of recognizing a union. The City is governed by a majority vote of the City Council. The Council should begin to stick together for the good of the community. • Mayor Hanna explained that, as the chief executive officer of the City of Fayetteville, his intention is to do his job the best way possible. The decision to veto the resolution is inthe best interest.of the City of Fayetteville. Alderman Young explained that from the beginning, the issue has been whether or not City employees could meet with elected officials and speak with them about items concerning the City.- He stated he supported setting the policy that would allow employees to meet with elected officials. The City' Council. sets policy for Fayetteville and the Mayor carries out the policies. Alderman Williams stated the minor change in the personnel policy has been discussed extensively over several Council meetings. The change does not recognize'a union. It gives the'City the freedom to recognize a spokesperson. The City will have that freedom regardless of how the Council votes tonight. When the Council was first elected in 1992, there was a common goal of reconciliation 49 February 7, 1995 and cooperation. During the last two years the Council has discussed and decided on many difficult issues. When issues were decided, the Council went forward with new issues. There was a spirit of cooperation and acceptance. Seventy-five percent of the Council voted for the recent change in the personnel policy. The issue should be behind us now. Votes should not be changed without new arguments or reasons. Williams commended Mayor Hanna as a fine administrator but, he stated, he would vote to override the veto. Alderman Bassett beginning. This is tonight, the issues. stated he was against this resolution from the resolution was a mistake. No matter what the vote Council needs to move ahead to more important Alderman Miller, seconded by Williams, made a motion to override the veto. Upon roll call, the motion failed by a vote of 5 to 3, with Bassett, Parker, and Daniel voting no. Mayor Hanna stated the veto stands. B. REZONING R94-60 RECONSIDERATION: An ordinance rezoning 51.39 acres located north of Wedington Drive 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. City Attorney Rose read the ordinance for the second time. Williams, seconded by Schaper, made a motion to suspend the rules and place the ordinance on its third and final reading. Upon roll, 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 Schaper, Planning Director Alett Little stated a bill of assurance had not been offered. Marshall Carlisle, attorney for the petitioner, stated a bill of assurance will be offered. In answer to a question from Alderman Williams, Little stated the rezoning could be passed subject to the offering of a written bill of assurance. Carlisle stated the bill of assurance will limit development to 170 units. Alderman Schaper stated there were some procedural problems in the recommendation that was presented to the Council by the Planning Commission. The Planning Commission did not discuss the sewer capacity as requested by the staff, they did not have information regarding the potential traffic impact, and they did not forward .February :7., 1995 ` the reasons for recommendngwthe.-rezoning.JAdditionalinformation has been;•presented.regarding-traffic`generation in the Wedington Drive area. Traffic -Superintendent Perry'Franklin has submitted`a memo describing the potential,impact•ofdevelopments off,Wedington Drive. The impact wouldcreate level of --service E in which speeds are reduced +to : a „low but : relatively iform" value,: freedom to maneuver is extremely difficult and are generally accomplished by forced movements. Operation at this level is usually unstable and small increases in flow can cause breakdowns in the traffic flow. The additional developments on Wedington will only make things worse. The creation of a dangerous traffic situation is specifically one of the reasons rezonings of.this kind.should be rejected. This proposal is a case: of leap frog development. Alderman Daniel expressed concern that the City never gets ahead with developments so far out because the areas have to be°serviced. Alderman Young pointed out: that leaving the land agricultural could :result in the development of hog.farms..=: :3n answer to a question from Alderman Schaper, Little stated hog farms are permitted in Fayetteville. There is a limitation on the distance they arefrom residential units.' Alderman Parker stated a person may have .a legal right to object to a hog farm on the basis of nuisance. Alderman Williams stated the rezoning was unanimously approved by the previous Council because it seemed:l.ike a good concept. There is an assurance that there will only be -170 units developed. If the Council refuses to allow residential zoning in ward four, development will be forced outside the city limits. The traffic will still come into Fayetteville but:we will not have control over development specifications. The 2010 Plan indicated that the flat land in ward four was probably going- to be 'residential area. Williams expressed his support for the proposed development. Alderman Schaper means residential Alderman Williams shopping center. the population is statedaccording to the 2010 Plan, residential with supporting commercial uses. • stated there is zoningin the area for a major Commercial development will probably occur when there to support it. Alderman Miller expressed his support for .low income housing in the area. The proposed development will.Hhave a day care center and alley access to houses. :Miller added.that.the traffic is bad but stated.he would donti:nue to support the -rezoning. He expressed his reluctancy to pass future rezonings in the area until improvements are made. 51 February 7, 1995 Alderman Bassett stated he voted in favor of the rezoning in December and would continue to support the rezoning. There has to be some finality to decisions. There is a severe problem with traffic out there and in other areas of town. Hopefully within the next year, improvements can be made to the highway. The City may have to spend some of its own money. - Alderman Schaper pointed out that new information has been presented since the Council voted on the rezoning in December. The traffic impact would be severe. The 2010 Plan recommends mixing of housing types to avoid the adverse effects of concentrated affordable housing. There are new traffic counts that should be considered. This land use is incompatible with the surrounding agricultural land uses. Alderman Daniel stated the development is a form of segregation. Alderman Parker suggested in the future that developers be encouraged to infill to accomplish village concept views. Carlisle stated the map for the 2010 Plan sets aside this land for residential proposes. This City needs to provide affordable housing. According to HUD requirements, this City will promise that they will affirmatively fervor fair housing. The City Council is charged with the responsibility of whether or not this land should be rezoned. The Council can depend upon the Planning Commission to do its job. This project will be processed through the Planning Commission before anything is done. Let the Planning Commission do their job. Upon roll call, the ordinance passed by a vote of 5 to 4, with Parker, Prichard, Schaper, and Daniel voting no. In answer to a question from Alderman Williams, Rose stated the ordinance passed with a bill of assurance limiting the number of units. ORDINANCE 3866 APPEARS ON PAGE OF ORDINANCE BOOK C. CURTAILING REZONINGS: A resolution curtailing the consideration of rezonings until a comprehensive land use plan is adopted by the Fayetteville City Council. Alderman Schaper explained that there were some revisions made to the original resolution. - City Attorney Rose read the revised version of the resolution. February ;7 1995 • Mayor Hanna stated hewas-concerned with}the resolution because -'it says. the Council .will nota.consider ±equests'for rezoning. Each. rezoning request is submitted to the. Council anyway. Rezonings should be continue to=be`considered: on an-individualbasis. Alderman Williams stated he agreed -with the spirit of the resolution. Rezonings should be more carefully considered by the Council: Williams'stated he would prefer to handle •rezonings on a case by case basis.. Alderman Schaper stated the goal behind the resolution is to save. everyone'.s time. Reducing rezonings would give staff more time to work on the Land Use Plan. There.is lots of land available for development in Fayetteville. In answer to a question from Alderman Schaper, Little stated that in- 1994, final plats created •101 lots in ward one, 271 in ward three,•and 567 in ward four. Preliminary'plats created 357'lotsin .r:ward:one, 372 in ward three, and 378 in ward four.. 'Large Scale .developments created 1,238 units in 1994. Little also quoted ivarious development totals included in the attached tables. In answer to questions from Alderman Williams,'Little stated there is a large amount of .undeveloped C-1 and C-2 land available. :,Agricultural land could be rezoned to commercial. There are large .tracts -of land near the by-pass that a could possibly be rezoned to commercial. Alderman Young stated the Council has requested that the Planning Commission follow the existing Land Use Plan. The Council should lead by example.. The Land Use Plan, needs to be reviewed and the citizens of Fayetteville need to tell the Council what they want the city to look -like. .The Planning Commission will then have something better to follow. Alderman Daniel displayed transparencies listing development figures in,each ward for the past three years. Alderman -Schaper stated there has been explosive growth in housing over the last two years. - Alderman Parker pointed out that both ward three and ward four are experiencing major growth. In answer to a question from Alderman Bassett, Little stated the Planning staff couldpresent a comprehensive land use plan to the Council by August.1 if help: is provided. The Northwest Arkansas Regional Planning Commission could help. Some of -the -information needed for this project isalready available. We are going to identify the area that would be needed to serve the growth -by the year 2020. Possible annexations needed would be considered. A 53. February 7, 1995 more detailed map will be included. Alderman Schaper stated with the information, the City can do a much better job managing growth. Lamar Pettus stated this resolution will effect my clients who are the owners of property that is located behind the mall. By passing this resolution, the Council is being closed minded about rezoning ideas. The Council would be restricting certain property owners and not others. City staff is pressuring my clients to develop so the City can extend Joyce Blvd. to Gregg Ave. It would not be feasible to develop the property under this resolution. The Council already has the power to do what the resolution states. Alderman Daniel explained that the restriction would only be in effect for seven months. Alderman Schaper stated there is a provision in the resolution that allows someone with special circumstances to come forward with their request. Pettus stated if the planning map shows a piece of property to be a certain land use, then that should be reliable. In answer explained guarantee In answer with each different to a question from Alderman Bassett, City Attorney Rose that the resolution is legally defensive. There is no that it would be upheld in court. to another question from Alderman Bassett, Rose stated passed development of rezoning, traffic figures would be when deciding on the next request. Alderman Young explained that Agricultural property can be treated differently because it has not been zoned by the City yet. Little stated in 1994 the City approved 60 rezonings. Approximately 20 of those involved Agricultural zoning. Most of the rezonings from A-1 were large tracts being rezoned Residential. Wilson Kimbrough stated people do not know the land use map exists. People in ward four are in favor of this resolution. Butch Robertson, a former Planning Commissioner and Board of Adjustment member, expressed concern that the proposed resolution is not necessary. The Council has the tools needed to deal with growth and development. Jobs will be lost if the resolution is passed. The working class will suffer the consequences. This may be extended past seven months. The Councils and Planning Commissions have done a good job in developing Fayetteville. 54 February. 7, 1995 Alderman Schaper stated the place to control.growth-nowis..at the rezoning stage. There is a large backlog of developable lots and rezoned land. This resolution is the kind of .guidance that the Planning Commission has asked us for.. Alderman -Parker stated construction workersare overloaded and have more than enough work to db. Alderman Schaper explained that there is a cut off date for the resolution.. Robertson stated people who own agricultural property should not be penalized. Little stated in 1994 there were 93-9 residential lots platted.in final plats. Alderman Schaper stated the number previous.years numbers. of lots- isf .well above the Alderman Dahiel.stated this is a good time. to have a pause in building. It may:,be;ansiincorivenience to some; but it is time to start thinking of the community,.: Tom McKinney expressed .his: supporti.forq the tresolution. The resolution is not` anti-growth-or=anti=development. It s not putting people out of -'jobs or`telling people they cannot d� with theirpropertywhat they want. It is a temporary moratorium until a plan is -•established. Alderman Miller stated the resolution is -great for -ward four but it is not appropriate for ward one. In ward one•, there are tracts of A-1 property that need to be infilled,'." Alderman Schaper expressed his support for infill development. The land in ward one is still A-1 because none has wanted to develop it. There.is a provision in -the resolution that would all -ow 'a request in Ward one to be 'submitted. • Alderman Parker stated the resolution- may force developers and builders to look at other areas of -town which have compelling City interest. Rick McCullough stated the resolution will have an economic impact on the construction workers; give City -staff -a date to tave %' pian completed but'do not hold up construction: • Alderman Daniel stated the pause is -an investmeht.- 55 February 7, 1995 Steve Cosby, an appraiser, stated restrictions bring a potential for loss. The Council would be taking people's rights away. Some of the land in town is not feasible to be developed. The City should give incentives for infill development. Sue Clemens stated builders are very busy. This resolution would just change the economic choices of developers. There is nothing wrong with that for a seven month period. There should be some A-1 land left in the City. If the City works on the plan without passing this resolution, many rezoning applications would be submitted so property could be rezoned before new restrictions and guidelines were adopted. The Planning staff may not be able to handle all those applications and give you a plan by the deadline. Alderman Young wanted to confirm that the ban on agricultural rezoning is automatically lifted September 1 whether there is a Land Use Plan in place or not. Alderman Schaper stated yes. Tiny Hamilton explained that his job depends on the growth of this community. The City should have planned for today 40 years ago. Today, the Council must plan for 40 years in the future. The surrounding areas are growing also. This resolution will put people out of work. Contractors and builders are worried about what the City of Fayetteville is doing. Mark Marquess, BMP Development, stated when agricultural land is purchased and developed residentially, the savings allows affordable housing to be built. Traffic is an issue but many people who live in west Fayetteville access the by-pass and go north to work. If there was infill development, the traffic would still be there. People would travel out to the by-pass. The issue is traffic, not a moratorium. It is not feasible to have a plan complete by September. Alderman Parker explained that the Council will work with the Planning staff to provide whatever it takes to help complete the project. Alderman Young asked when the curtailment would take affect. In answer to a question from Jerry Rose, Little stated there are rezonings involving A-1 property that have been submitted to the Planning Office that have not been completely processed. One is a large annexation and rezoning request. Rose read Section One of the proposed ordinance and explained that if a rezoning has not reached the Council by the passage of the ordinance, it will not be considered. 56 February, 7., 1995 After discussing options, the Council agreed that any rezonings that have been submitted to the Planning Office to this point should be processed. Rose suggested a wording change for the resolution to reflect the effective date. .. Young, seconded by Parker, made a motion to amend the wording of the resolution. Mayor Hanna cailedtfor the vote .on. the resolution. Upon roll call, the resolution passed by a vote of 5 to 3, with Bassett, Williams, and Miller voting no. The City -Attorney informed the Council thatthey failed to vote on the'amendment to the resolution. Rose read'".the'amendment. ,„ - Upon roll call, the amendment passed by a vote of 8 to 0. City Attorney Rose read an..emergency clause. Schaper, seconded by Prichard, emergency clause.-, • *. • - Upon roll call, the emergency clause.passed by a vote of 7 to 1, with Williams voting no. RESOLUTION 13-95 AS RECORDED IN THE CITY CLERK'S OFFICE. • s D. ORDINANCE 159.34 REVISION: An ordinance repealing and replacing Section 159.34 of the Subdivision Regulations regarding guarantees; in lieu of installed: improvements. • City Attorney Rose read the ordinance for the first time. Alderman Young explained that the proposed ordinance is the result of complaints received, from contractors building in new subdivisions. If a developer wants to start building in a subdivision before it is Complete; this requires the developer to give a surety bond or money equal to the subdivision facilities before building can start. This is similar to Springdale's ordinance. Alderman Williams suggested the Council leave the ordinance on its first reading. - Alderman Bassett ,stated: that- the Ordinance Review Committee reviewed the ordinance and recommends it. February 7, 1995 CONSENT AGENDA 57 Mayor Hanna introduced consideration of items which may be approved by motion, or contracts and leases which can be approved by resolution, and which may be grouped together and approved simultaneously under a "Consent Agenda": A. Minutes of the January 17 regular City Council meeting. B . A resolution approving an amendment to the original contract with McGoodwin, Williams, and Yates for the engineering services in connection with the Transfer Station and Recycling Materials Processing Facility. RESOLUTION 14-95 A8 RECORDED IN THE CITY CLERK'S OFFICE. C. A resolution approving the widening of Stubblefield Road to 25 feet in lieu of the standard residential 31 feet and approving contract amendment no. 4 for engineering services with Milholland Engineering to provide for revisions in the design and construction management of the improvements to Stubblefield Road. RESOLUTION 15-95 AS RECORDED IN THE CITY CLERK'S OFFICE. D . A resolution approving an amendment to Federal Airport Improvement Grant #19 to increase grant funding from $411,427 to $492,739. All the funds required for this project were not available in the FAA's FY 94 funding year. This represents the balance of the Federal funds required to complete the project. RESOLUTION 16-95 A8 RECORDED IN THE CITY CLERK'S OFFICE. E . A resolution accepting low Bid 94-91 and awarding .a contract to Multi -Craft Contractors, Inc. in the amount of $168,178 plus a contingency of $16,818 for the North Street Pump Station Rehabilitation Project. RESOLUTION 17-95 AS RECORDED IN THE CITY CLERK'S OFFICE. F. A resolution approving the purchase of Energy Star computer equipment. RESOLUTION 18-95 AS RECORDED IN THE CITY CLERK'S OFFICE. G . A resolution approving amendments to the Articles of Incorporation and By -Laws of The Walton Arts Center Council, Inc. RESOLUTION 19-95 A8 RECORDED IN THE CITY CLERK'S OFFICE. 58 February 7, 1995 A resolution awarding an engineering contract to CEI .'Engineering in the amount of $87,735 plus a contingency of $8,774 for the preparation of construction plans and :specifications and construction engineering services for the Joyce Boulevard extension to Gregg Street. RESOLUTION 20-95 AS RECORDED IN THE CITY CLERK/8 OFFICE. Williams, seconded by Miller, made a motion to accept the consent agenda. Upon roll call, the motion passed by a vote of 8 to 0. IMPROVEMENT DISTRICT Mayor Hanna introduced consideration of an ordinance forming Fayetteville Municipal Property Owners' Improvement District No. 1 - Willington Place Project. City Attorney read the ordinance for the first time. Williams, seconded by Miller, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 6 to 2, with Parker and Prichard voting no. The City Attorney read the ordinance for the second time. In answer to a question from Alderman Parker, Jim McCord stated there will be 49 people who will be incurring these obligations upon themselves to pay for the infrastructure. McCord briefly explained the transaction. Alderman Schaper explained State law pertaining to the process and stated this instrument has not been used in Northwest Arkansas. By approving this, the Council is allowing a private.developer to basically issue the same kind of bonds that a municipality would issue as tax exempt bonds. Mayor Hanna stated the City will benefit from this whenit is in place. . 5. Bassett, seconded by Williams, made a motion to further suspend the rules and'place theordinance on•its'third aid'final reading. Upon roll call, themotion passed by a vote of 8 to 0. City Attorney Rose read the ordinance for the third title. - . • Alderman Young explained that he was involved in past improvement district discussions. n In answer to .a . question from Alderman T'Young;tMcCord stated the preliminary plat that was approved for Willington Place and the legal description are for the same piece of property being submitted as an improvement district. 59 February 7, 1995 Alderman Young pointed out that at a certain point in the development the ownership of the facilities transfers to. the City. At that point, a letter of acceptance should be submitted to the City Engineer. Alderman Young stated he would be abstaining from the vote because his employer is involved in the development of Willington Place. Upon roll call, the ordinance passed by a vote of 7 to 1, with Young abstaining. ORDINANCE 3867 APPEARS ON PAGE OF ORDINANCE BOOR CERTIFICATE TRANSFER Mayor Hanna stated as required by Section 117.35 of the Fayetteville Code of Ordinances, Doris Moss is requesting consent of the Council to transfer the Certificate of Public Convenience and Necessity for C & H Taxi to her name. Moss plans to purchase the taxi business from the present owner, Everett Cole. Doris Moss explained that she has been working for Mr. Cole for over five years. She expressed concern that if C & H Taxi were to cease business, there would only be one taxi service. Moss explained the difference in the tabulation of fares for the two companies. She stated C & H taxi measures a distance on a map to figure a fare. Alderman Williams, -seconded by Miller, made a motion to consent to the transfer of the Certificate of Public Convenience and Necessity. Upon roll call, the motion passed by a vote of 8 to 0. ZONING CODE AMENDMENT Mayor Hanna introduced consideration of an ordinance amending Chapter 160, Zoning Code, of the Code of Fayetteville to repeal off-street parking requirements set forth in various subsections of the Section 160.055; to add a definition for "parking lot" in Section 160.002; to repeal Section 160.118 (D)(5) setting forth a minimum parking setback requirement reductions; to repeal Section 160.117, Off -Street Parking Requirements; and to adopt standards for parking lots. Mayor Hanna questioned whether or not the ordinance needed to be reviewed by the Ordinance Review Committee. City Attorney Rose explained that if the Council plans to make changes to the ordinance, it may be more convenient to present it to the Ordinance Review Committee before placing it on its first reading. 60 February 7., 1995' Mayor. Hanna suggested the ordinance be submitted ,to the review committee. . REZONING R95-1 Mayor Hanna introduced consideration of an ordinance rezoning .40 acres located at 708, 708-1/2, and 721 N. Leverett Avenue from R-3, High Density Residential to C-1,. Neighborhood Commercial, as requested by Mike Galbraith. , City Attorney Rose read the ordinance for the first time. Associate P-lanner Tim Conklin informed the Council that the petitioner left the meeting. The Council agreed to leave the ordinance on its first reading. REZONING R95-2 • Mayor Hanna introduced consideration of an -ordinance rezoning 2.58 adres located south of Joyde and east of Frontage Road from R -O, Residential -Office to C-1, Neighborhood Commercial, as requested by Jim Lindsey. City Attorney Rose read the ordinance for the first time. • Kirk Elsass of Lindsey and Associates explained that there is C-2 property -adjacent to this property but for reasons that would benefit Butterfield Trail, the petitioner chose the proposed tract. Little stated the developer did offer bill of assurance. Parker, 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. ' The City Attorney read the ordinance for the second time. Alderman Prichard expressed concern' that. Joyce .would be zoned entirely commercial through -that area':; This.is-the`lat piece of residential.zoning • Little explained residences. 61 February 7, 1995 Upon roll call, the ordinance passed by a vote of 8 to O. ORDINANCE 3868 APPEARS ON PAGE OF ORDINANCE BOOR REZONING R95-3 Mayor Hanna introduced consideration of an ordinance rezoning 5.65 acres located west of Deane Solomon Road and south of Moore Lane from R-1, Low Density Residential to R-1.5, Moderate Density Residential, as requested by E.H. Sonneman and Sarah S. Agee. City Attorney Rose read the ordinance for the first time. Charles Agee stated the property is next to the golf course on Deane Solomon Road. Mr. Sonneman hopes to live in one of the duplexes planned for the property. The duplexes would be executive type and would have access to the golf course. Alderman Schaper stated there was much discussion on this rezoning at the Planning Commission meeting. There is a certain number of units that must be constructed to make this development feasible. Agee has to run water and sewer to the site. He stated he was not in favor of the rezoning because it is not conducive to the kind of land use planned for the surrounding territory. This property could be developed as R-1. Agee explained that the proposed development is appropriate for the property. The property is landlocked by the golf course. The proposed duplexes would not be starter homes. They will be executive duplexes intended for older people. Alderman Daniel stated older people need neighborhood commercial uses and there are none in the area. Agee stated the property has easy access to commercial areas. PLANNING COMMISSION ORDINANCE AMENDMENT Mayor Hanna introduced consideration of an ordinance amending Sections 33.106 & 33.107 of the Fayetteville Code of Ordinances and adding Sections 33.110 & 33.111 to the Fayetteville Code of Ordinances. City Attorney Rose read the ordinance for the first time. Alderman Williams expressed his support for the revisions made to the ordinance as a result of the Ordinance Review Committee. 62 February 7; 1995 - Alderman Bassett stated .thewOrdinance-Review'.Committee discussed the ordinance' -at two meetings:' TYe_changes'make it a much better ordinance.. Thecommittee`did.'not make a recommendation because there was still some uncertainty about how to treat the present terms .of the Planning Commissioners. Alderman Schaper is now suggesting the terms be shortened by nine months which means they will end on April 1. Alderman Parker. -explained that the transition would take time due to publishing the commission openings and the Nominating Committee needing time to review the applications. Alderman Schaper agreed that the -ordinance has improved. Alderman Young stated if the terms are reduced to nine months, the commissioners would still serve over three years. 'The ordinance is changing term lengths to three years. Currently,.commissioners are limited to two consecutive terms as stated on the application. This should be a part of the Rules of Order and Procedure. Mayor Hanna suggested the Planning Commissioners have.a three term limit.. In years past, there was no limit.. Alderman Schaper pointed out that the two year limit is a part of the Rules of Order and Procedure. Mayor Hanna stated the Planning Commissioners have commented that the April 1 transition date is too soon. Making the transition on September 1 may work better. Schaper, seconded by Prichard, 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 Ch'. The City Attorney teed the ordinance for the second time. Miller, seconded by Parker, made a motion to further suspend the rules and place the ordinanceMn its third and final reading. Upon roll call, the motion passed by a vote of 6'•to 2, with Bassett and Williams voting no. The City Attorney read the ordinance for the third time. Alderman Bassett suggested the Council take the ordinance through two meetings to give people a chance to comment. - Alderman Williams stated the Council should not vote on the ordinance at this meeting. The uncertainty about the April 1 date should be resolved and citizens should be given an opportunity to comment on this ordinance. Alderman Schaper explained that the ordinance has had enough exposure to the public. 63 February 7, 1995 Alderman Williams, seconded by Bassett, made a motion to table the ordinance until the next meeting. upon roll call, the motion passed by a vote of 6 to 2, with Parker and Schaper voting no. LIBRARY Mayor Hanna introduced a discussion regarding the library's new policy of closing Saturday. Alderman Parker explained that he had placed the item -on the agenda. Although Fayetteville, West Fork, and Winslow voted for the library millage in the election, it did not pass. Last year, the library's budget deficit was $52,000. Fayetteville and the rest of the library participants contributed to the deficit. Due to some changes, the projected budget deficit for this year is $140,000. The library is working more people fewer hours and they are closed on Saturdays. Citizens are unhappy about the decision to close on Saturday. An entire class of Fayetteville citizens, working couples and their children who can only visit the library on Saturday, are excluded from the use of the library. This area buys fewer books than the Arkansas average. The library's funding problem needs to be solved but they should not be given additional funding while they remain closed on Saturdays. Fayetteville has given the library additional funding in the past. Parker suggested that the Council request the library to restore full Saturday hours. Michael Thomas explained that since the decision to close on Saturday was made, there has been some discussion on strategies to get more money. The legalities of possible strategies have not been reviewed. The Washington County Library Board allocated the library an additional $26,000 at their last meeting. With the additional funding, the library will attempt to get back on track. Alderman Parker stated the library has enough money to return to full manning while the funding is being re-evaluated. Thomas stated the additional $26,000 makes a difference and the library is looking into re -opening on Saturdays. The Library Board will meet Monday and will discuss this issue. Alderman Williams expressed support for the library re -opening on Saturdays and possibly staying open later through the week. Alderman Prichard stated the library should be commended for being a public institution which takes measures to live within its means. The library has been forced into closing on Saturdays.. The City can correct the funding problem. 64 February, x.1995' In answer.to a..question••from Mayor Hanna„Thomas explained that'the library needs to`be closed two days in•a row and stated theylibrary chose tocloseon Saturdays rather.than Mondays because the busiest day is Monday. Mayor Hanna stated that Tuesday would become the busiest day if the decision was made to close Mondays. Alderman Schaper, commented that people couldshift from Monday to Tuesday. He stated people who need -to visit the library on Saturdays do not have an option: Mayor Hanna suggested the library listen to public input. 1 - Alderman Bassett asked that the library find a way to open'on Saturdays. Linda Harris confirmed that Mondays are the busiest days at' the library. Thomas stated the Library Board will take into consideration all the Council's comments at their .next meeting.. Dwain Cromwell, a parent of a fourth grader and a sixth'grader who used the library every Saturday, expressed concern that children, elderly people, and. people with low incomes do, not have access to a public library on..Saturday. He expressed support for the library being closed on Mondays rather than Saturdays. He stated the issue is about access to one of the most important public facilities in Fayetteville- Recently, the Democratic 'Central Committee in Washington County votedHunanimously to urge that the library be re -opened on:Saturdays. Cromwell requested that the Council vote on a resolution expressing .their stand on the issue. Alderman Parker, seconded by Miller, made a motion that the City Council go on record as requesting, in -most strenuous terms, that the library restore, at least., full:Saturday service. Alderman Prichard asked if there was any money involved in the motion. • Alderman Bassett explained that the resolution simply says that the - Council would like the library to be open on Saturdays. Alderman Williams stated he would support the resolution if "in most strenuous terms'! was removed from the motion. This should be a friendly resolution. -. 65 February 7, 1995 Making an amendment to the original motion, Alderman Parker, seconded by Williams, stated the motion should be that the City Council goes on record in requesting that the library restore, at least, full Saturday service. Upon roll call, the motion passed by a vote of 7 to 1. RESOLUTION 21-95 AS RECORDED IN THE CITY CLERIC'S OFFICE. OTHER BUSINESS FIRST NIGHT OZARKS City Attorney Rose read a resolution designating Fayetteville the host city for First Night Ozarks, fostering City cooperation in planning and implementation of the event and encouraging organizations such as the City Advertising and Promotion Commission to provide funding. Alderman Daniel expressed her support for the event and introduced Tobi Kaufman as the person behind the idea. Daniel, seconded by Parker, made a motion that the Council approve the resolution. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 22-95 AS RECORDED IN THE CITY CLERK'S OFFICE. ADJOURNMENT The meeting adjourned at 11:10 p.m.