HomeMy WebLinkAbout1995-03-21 MinutesMINUTES OF.A MEETING OF THE CITY COUNCIL
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A meeting of the Fayetteville City Council was held on Tuesday,
March 21, 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, Len Schaper,
and Heather Daniel; City Attorney Jerry Rose; City
Clerk/Treasurer Traci Paul; Administrative Services
Director Ben Mayes; Planning Director Alett Little;
Assistant Public Works Director Charles Venable; members
of staff, press, and audience.
CALL TO ORDER
Mayor Hanna called the meeting to order with seven aldermen
present.
OLD BUSINESS
Mayor Hanna introduced consideration of an item that had been
brought before the Council but was tabled or no decision made to
allow further information to be presented.
A. INCINERATOR LITIGATION
City Attorney Jerry Rose stated that regarding the incinerator
litigations, Kitty Gay had informed him that all potential third
party defendants have signed Tolling Agreements. Third parties
included the law firm of Wright, Lindsey, and Jennings, the Rose
Law Firm, A.G. Edwards, Jim McCord, and Kutack and Rock. Rose
explained that filings were generally due within 60 days following
the issuance of the mandate.
The Council should not be concerned with filing suits until after
the Arkansas Supreme Court has made a decision on the incinerator
case. At that time, the matter will presented to the City Council
for a decision on how to handle the litigation.
In answer to a question from Alderman Young, Rose stated a decision
could be made in the fall.
Jim Rose, attorney for the Northwest Arkansas Resource Recovery
Authority, explained that the Authority had also entered into a
Tolling Agreement.
Alderman Bassett stated that the incinerator litigation was a
strain not only on the Council but the community as well. The
incinerator issue started many years before any of the current
Aldermen were elected to serve but the difficult decisions would
have to be made by them.
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•
Alderman Bassett stated he wanted to;:respond°to comments made by
Mr. Robson'at a priorCouncil'meetirig. With regard to conflict of
interest, ;as a.:practicing attorney from :a..family. of..practicing
attorneys, there is the potential for conflict ofinterest. He
explained .that his sister, Ms. Schaffer,., has been a partner in
Wright,•Lindsey, and Jennings since 1991. Prior to that, Ms.
Schaffer was the State. Securities Commissioner.. Additionally, he
explained that his father ,had at one time consulted with Jim
McCord, the. former City Attorney. Alderman Bassett also explained
that he was council of record for Scottsdale Insurance Company, Mr.
McCord's insurance carrier and he has been involved with The Rose
Law Firm on a case pending in Federal Court.
Alderman Bassett stated there has not been conflict of interest
because the only action taken by the Council has been discussion of
a decision from the Arkansas Supreme Court and tolling agreements.
The tolling agreements have facilitated in keeping the City's
right to pursue third party claims. He expressed concern about
the rising debt. At the time a decision was to be made as to
whether or not to pursue third party litigation, Bassett stated he
would abstain from voting if there was any appearance of conflict
of interest.
Regarding the issue of whether or not he should serve on the
Northwest Arkansas Resource Recovery Authority, Bassett stated that
initially, he had reservations about serving but.felt duty bound to
preserve the right of the City to pursue third party litigation.
Bassett .stated that he hoped any concern of the fellow Council
members might have in this matter `had been,alleviated and that
regardless of the decision from the Supreme Court in the fall, he
would .continue to comment liberally on .the issue and would be
involved -discussion and advising on a course of action. Further he
assured that he would not vote on' pursuit of third party
litigation.
Alderman Williams thanked Alderman Bassett for explaining and
clarifying his situation. Alderman Williams agreed that Alderman
Bassett was not facing a conflict of interest at this time and that
it would be prudent for Bassett to abstain from any voting on the
thirdparty litigation decisions.
CONSENT AGENDA
Mayor Hanna introduced consideration .of items which may be approved
by motion, or contracts and leases which can be approved by
resolution, and which may be grouped together and approved
simultaneously under a "Consent Agenda": •
Minutes of the February 28, .special and the
March 7, regular City Council meetings..
109
March 21, 1995.
B. A resolution approving the payment of
$8,276.87 to the Niblock Law Firm for legal
services rendered in the incinerator lawsuit.
RESOLUTION 43-95 AS RECORDED IN THE CITY CLERR••S OFFICE.
C. Removed from the Consent Agenda.
Williams, seconded by Miller, made a motion to accept the consent
agenda. Upon roll call, the motion passed by a vote of 7 to 0.
Item C
A resolution accepting Bid 95-11 and awarding a contract to Johnson
Mechanical in the amount of $80,849 for the installation of a new
HVAC Chiller at the Fayetteville Municipal Airport.
Mayor Hanna explained that a letter had been received regarding the
bid.
Alderman Schaper stated he had no specific comment but felt the
audience should have an opportunity to address the matter.
Alderman Parker stated that the point of the letter was that there
was a question of unit size and bid specifications.
Greg Anderson, the engineering representative, stated that the
issue had been addressed at the pre-bid conference and explained
that the width should not encroach upon the street. While the
chiller is wider, the shortness of the unit would fit in the
available space as it is.
In answer to a question from Alderman Parker, Anderson stated non
of the bids were ruled out on the basis of dimensions.
In answer to a question from Alderman Williams, Anderson stated
five bids had been submitted.
Mayor Hanna stated that the chiller had been included in the bid.
The issue that the Council is voting on is the contract with
Johnson Mechanical.
Anderson clarified that one chiller had been submitted in the base
bid and another had been submitted as an alternate for a $1,000
difference in pricing.
Anderson stated that he recommended approval of the base bid.
In answer to a question from Alderman Williams, Anderson stated the
Airport Board approved the contract on March 2, 1995.
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March 21, 1995
Paul Davis, representing McQuay Inter-national,.stated-that the bid
was $1,000 lower on•bid day and the decision was left to the City
and the Airport Council as to which chiller was to be purchased
from either Trane or McQuay. Davis explained that prior to bid day
he had contacted Mr. Anderson and expressed his concern that the
bid left. no room for competition. Prior to bid day and in the
following addendum he approved McQuay to bid the project as an
equal -meeting the specifications. The issues of local service and
ARI Certification are not in the specification.- The specification
calls for .a factory person to be on site at start up. That was
included in the bid. The specification calls foriall testing to be
done in accordance with ARI 550'and 590.!,'That is -in the McQuay
catalog.ind,Literature: Certification or certifiea data has not
been requested by the" contact documents nor any following
addendums. Certification by --ARI is ane single point in an entire
performance range of aichiller.. Davis�expIained that ARI only
lists in June and December: 'McQuay is scheduled to receive their
listing in June. Davis stated that -it was tit understanding that
state law requires acceptance of low bids unless it can be proven
that they cannot meet -bid -specifications or performance.
In answer to a question from Mayor Hanna, Rose stated that the
contract amount was the only matter before the Council. There were
some deductions for Trane and McQuay but they could consider only
the amount submitted by Johnson Mechanical. Discussion ensued
regarding unsuccessful bidders.
City Attorney Rose stated that if McQuay felt that legal error had
been made they should submit their complaints in writing and he
would provide them with his opinion.. Discussion ensued regarding
low bid acceptance and the contract documents. Rose stated that he
would be happy to discuss the matter with Davis at a designated
time.
Williams, seconded by Parker, made a motion
resolution. Upon roll call, the motion passed by
RESOLUTION 44-95 AS RECORDED IN THE CITY CLERK'S
REZONING R95-7
to accept the
a vote of 7 to 0.
OFFICE.
Mayor Hanna introduced consideration of an ordinance rezoning .2
acres located at 117 W. Rock Street. from C-2, Thoroughfare
Commercial to R -O, Residential -Office, as requested by Bill and
Sharon Stiles.
In answer toa question from Alderman Miller, Bill Stiles stated
that he would be living in the structure.
The City Attorney read the ordinance for the first time.
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March 21, 1995
Miller, 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.
The City Attorney read the ordinance for the second time..
Williams, seconded by Young, made a motion to suspend the. rules and
place the ordinance on its third reading. Upon roll call, the
motion passed by a vote of 7 to 0.
The City Attorney read the ordinance for the third time.
Alderman Young requested that the applicants be notified when they
have been placed on the City Council Agenda.
Alderman Daniel inquired as to whether they had met the new Parking
Ordinance. Discussion ensued.
Stiles stated that there was parking for 12 cars in the adjoining
gravel lot.
Stiles stated that at some point in the future they might consider
operating a bed and breakfast but since they have the adjoining lot
they could provide parking for up to 25 cars. Discussion ensued
regarding parking spaces and trees and upgrading the parking lot.
Upon roll call, the ordinance passed by a vote of 7 to 0.
ORDINANCE 3879 APPEARS ON PAGE OF ORDINANCE BOOK.
VACATION V95-2
Mayor Hanna introduced consideration of an ordinance vacating a
portion of a utility easement on Lot 17 of Boardwalk Addition Phase
III (2769 Londonderry), as requested by Kim Easterling.
The City Attorney read the ordinance for the first time.
In answer to a question from Alderman Daniel, Easterling stated
that there had been a misunderstanding with regard to property
lines and existing fence lines which was called to her attention
upon survey. The water lines would not have to be moved.
Discussion ensued regarding routine inspections and the prudence of
lot surveys prior to construction.
Williams, seconded by Parker, 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.
The City Attorney read the ordinance for the second time.
March 21, 1995
Miller, -seconded by Parker, made a motion to„ suspend.:the,rules}and.
place:the .ordinance on its: -third reading. Upon. roll call, the,
motion passed by a vote of 7 to 0.
The City Attorney read the ordinance for the third time.,...,
Upon roll call, the ordinance pissed by a vote•of 7 to 0..
ORDINANCE 3879 APPEARS ON PAGE OF ORDINANCE BOOK. -
SEWER EASEMENT VACATION
Mayor Hanna introducedconsi.deration' of an ordinance vacating.two
sewer easements located "at' the proposed 'site of the City of
Fayetteville Southeast Community Center., 244. E.. Rock Street.
The City Attorney read the ordinance for the first time.
near the Community Center and urged the
was necessary •to facilitate the
Miller stated that•he lived
Council to do whatever
construction.
Williams, .seconded by Parker, 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 O.
The City Attorney read the ordinance for the, second time.
Miller, .seconded by Williams, made a motion to suspend the rules
and place the ordinance on its third reading. Upon roll -call, the
motion passed by a vote of 7 to 0.
The City Attorney read the ordinance for the third time..
In answer to question from Alderman Schaper regarding the use of
the Aeasements, Venable stated that. they had been abandoned and
relocated.along the street. Discussion ensued regarding the
location of the sewer line.
Upon roll call., the ordinance passed by a vote of 7 to 0.
ORDINANCE:3881 APPEARS ON'PAGE- OF ORDINANCE BOOK.
EQUIPMENT.PURCHASE -
Mayor Hanna introduced consideration of a resolution accepting low
Bid 95=17 from Williams Ford Tractor •for --the; purchaseof tractors
and other; equipment for $255,766 less a trade allowance of $142,460
for a -net amount of $83,306 aind-from Tom Christian for the purchase
of a baler for $26.,286 less a trade allowance of $15.,.000,,for a net
amount of $11,.286 and accepting a purchase offer from J. Beeks for
$310 and from B. Rhine for $400. -
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March 21, 1995.
Alderman Miller stated that the resolution had been discussed at
the equipment meeting and they had determined that they met the
requirements and further commended Bill Oestreich for his work.
Alderman Parker concurred that this was the best bid.
Alderman Daniel stated her appreciation for the work done in the
Equipment Committee.
Miller, seconded by Young, made a motion to approve the resolution.
Upon roll call, the motion passed by a vote of 7 to 0.
RESOLUTION 45-95 AS RECORDED IN THE CITY CLERK'S OFFICE.
EQUIPMENT PURCHASE
Mayor Hanna introduced consideration of a resolution awarding Bid
94-89 for the purchase of a new Centrifugal Pump to either Arkansas
Meter & Supply for $30,645.66 or B.T. Environmental for $13,196.14.
Alderman Miller stated that the Equipment Committee had no concrete
recommendation. The recommendation submitted to the Equipment
Committee was to take the highest bid on the grounds that it was
self -priming and therefore safer and would provide more comfort for
the City employees.
Discussion ensued regarding the working conditions for the City
employees and why it would be in the best interest of all parties
to accept the higher bid.
Alderman Parker stated that the equipment is used on the average of
10 times per year and the pumps wear out quickly. A portable water
tank would provide the 10 gallons of water to prime the pump.
Regarding the safety aspect, he stated any savings could be spent
on shoring of the walls which he feels is the paramount safety
issue and therefore he urged purchasing the less expensive pump.
Mayor Hanna stated that the pump would be used more than 10 times
per year and that welfare and safety of the City employees are the
most paramount issues and would justify purchasing of more
expensive equipment.
Alderman Williams stated that another issue in support of more
expensive equipment is the environmental factor involving pump
priming and sewer spillage.
Alderman Schaper stated that safety while the most important issue
is generally the most expensive issue.
Discussion ensued regarding safety, shoring, and OSHA guidelines.
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March
Miller, seconded by Young, made
Upon roll call, the resolution
Parker voting no.
21, 1995
a motion to approve the resolution.
passed by a vote of 6 to 1, with
RESOLUTION 46-45 AS RECORDED IN THE CITY CLERK'S OFFICE.
PUBLIC HEARING AND TRANSFER OF CABLE TV FRANCHISE
Mayor Hanna added that item 8 would include a resolution which the
City Attorney would read.
City Attorney Rose stated that the current franchise with Warner
Cable contains an extensive provision providing for the transfer of
the cable television franchise to a group -called Telecommunications
of Northwest Arkansas, LTD. The City Council must give prior
consent and that the intent isnot to renegotiate the terms but to
simply assure qualification for the duties of the franchise and
that the company adheres to the franchise provisions. The
franchise controls the rates and that the public hearing was being
held in accordance with the contract.
Mayor Hanna called attention to a letter from Woody Charlton of the
Cable Board.
There were no comments from the audience:
Alderman Williams stated that he had read _Charlton's letter which
made some good points and further stated that the Council was
limited as to what they could do. He explained that TCA would
voluntarily provide service to neighborhoods and subdivision
without substantial payment for. same.
Mayor Hanna, expressed
service and -stated that
Alderman Schaper stated
franchise renegotiation
utilities.. He asked
position on the issues:
concern regarding„,;:installationand new
those would be addressed with TCA.
:that the -Council did Lave authority under
tHexpress requirements for public service
the,hTCA representative -;his philosophical
Jerry Gamble., TCA representative., stated that they were .glad to
have the opportunity to serve Fayetteville as they have been
providing. service to the area.
Alderman Schaper inquired if Gamble had seen the letter and further
explained;that it was regarding the multiple tier and the idea of
rising rates for providing channels.that•.people don't want:
Gamble responded that most cities
are different. Theconcerns would
experience that the first order
operator before making changes.
are different and most line
:be looked at and that it was
of business was to become
ups
his
the
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March 21, 1995
Alderman Daniel expressed concerned on cable rates.
Gamble stated that was of paramount concern to TCA but that federal
law regulated them.
In answer to a question from Alderman Young, Gamble .stated .that it
was difficult to eliminate channels.
In answer to another question from Alderman Young, Gamble stated
that they would try and lay the lines with the other utilities.
The City Attorney read the ordinance for the first time.
In answer to a question from Alderman Schaper, Rose stated that the
renewal date was January, 2000.
Marvin Hilton stated the televised meeting of the City Council and
Planning Commission were protected.
Miller, seconded by Daniel, made a motion to suspend the rules and
proceed to the second reading. Upon roll call, the motion passed
with a vote of 7 to 0.
Discussion ensued regarding providing cable serviceand the
responsibility of TCA.
The City Attorney read theordinance for the second time.
Miller, seconded by Bassett, made a motion to suspend the rules and
proceed to the second reading. Upon roll call, the motion passed
with a vote of 7 to O.
The City Attorney read the ordinance for the third time.
Discussion ensued regarding the resolution. Williams stated that
the ordinance would be contingent upon the resolution and public
comments.
Upon roll call, the Ordinance passed by a vote of 7 to 0.
ORDINANCE 3882 APPEARS ON PAGE OF ORDINANCE BOOK.
The City Attorney read a resolution proposing continuing
employment of Warner Cable employees.
Woody. Bell, General Manager of Warner Cable, stated that the
industry was experiencing many changes. He commented on service
rates among the providers and stated that sooh every service would
be regulated at the same rate. Clustering would allow the cable
provider to compete with the larger telephone company in data
transmission as a result of the development of new technologies.
Warner Cable had tried to be a good corporate citizen and that TCA
116
March 21, 1995
would be cooperative. Withregard to the resolution; Mr: Bell
pointed out an error, i.e.,. cable•television is not regulated by
the Piublic Service,Commission-and further stated=that-they are'very
different from public utilities.
Alderman Daniel:inquired as to the effect clustering would -have on
employees.
Bell statedthat it should not have .a large impact bUt that
personnei.policy of TCA would be the guidelines. Some had elected
not to accept employment with 'TCA and yetothers were eligible for
early retirement or severance pay while others would'continue in
their positions with TCA.
Discussion ensued regarding the cable television industry.
Clint Bolding,.
America, stated
Cable expressed
provisions. He
representative of the Communications Workers of
that he represented:the. 3.2:.employees ,of Warner
their concern over termination/transfer/severance
further urged the Council.to pass the resolution.
•
•
Gary Gray, representative of the Communications. Workers of America,
stated that there was a great 4eal ofapprehension regarding:TCA
and requested that more. informatio.n_be provided to the employees of
Warner Cable Companyand-a dialogue .be -.opened between TCA and
Warner Cable employees. Further he urged the Council to pass -the
resolution.
Alderman Miller cautioned that a resolution did not guarantee the
job security of Warner Cable employees but that it was a request
that those employees be -given the -opportunity to work with TCA.
Discussion ensued regarding the intentions -of TCA with -regard to
Warner -Cable employees.
Alderman;Bassett suggest that theresolutiom-read,":..whereas it
isnin theabeat&interest of the City of Fayetteville, its citizens
and. families to encouragethe ”continuity 'of 'employment when
transfer occurs." ,
In answer to a questi
there was not:atway to
Bassett, .seconded by
resolution as,revised..•
vote of -7 to 0.
on from ,Aiderman.,Dani'eiytRose stated that
legally, `mandate the' fissile.
-<._a . .
Daniel, made a motion to approve the
'Upon roll call, the resolution passed by -'a
RESOLUTION 47-95 AS RECORDED IN THE CITY 'CLEWS OFFICE.
March 21, 1995
CONDEMNATION
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Mayor Hanna introduced consideration of an ordinance condemning an
abandoned railroad right of way located north of Cato Springs Road
to be used for permanent easement and temporary easement by the
City and U.S. Army Corps of Engineers in conjunction with Cato
Springs Branch and Town Branch Drainage and Flood. Control. Project.
Ownership of such land is undetermined.
The City Attorney read the ordinance for the first time.
Alderman Miller, Trails Advisory Committee chair, stated that this
corridor has been considered for enhancement and a grant has been
for written same. There was concern that this action might cause
a problem with a future trail in light of the demolition of a
bridge but it was determined that this action would actually help
the Trials Committee and that they would recommend approval of this
proposed ordinance.
Williams, seconded by Miller, made a motion to suspend the rules
and proceed to the second reading. Upon roll call, the motion
passedby a vote of 7 to 0.
The City Attorney read the ordinance for the second time.
Miller, seconded by Williams, made a.motion to suspend the rules
and proceed to the third reading. Upon roll call, the motion
passed by a vote of 7 to 0.
The City Attorney read the ordinance for the third time.
Schaper inquired as to the costs associated with the condemnation
in the amount of $5,150.
Rose stated that this was provision money for the taking of these
easements as soon as the owners were determined. Discussion ensued
as to measures the Council had taken to determine the ownership of
the easement and what would happen to the escrow monies if
ownership remained undetermined.
Upon roll call, the ordinance passed by a vote of 7 to 0.
ORDINANCE 3883 APPEARS ON PAGE OF ORDINANCE BOOR.
COMMERCIAL DESIGN STANDARDS
Mayor Hanna introduced consideration of an ordinance amending
Sections 160.035, 160.036, 160.037, and 160.038 of the Code of
Fayetteville to provide for additional commercial design standards.
The City Attorney read the ordinance for the first time.
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March 21, 1995
Alderman_ Williams stated that the ordinance had been revised and
that this ordinance was regarding .the least controversial
provisions. of -the overlay. district and would not create an
inordinant financial impact to the commercial district: He asked
for discussion of Item 6 - Outdoor Storage
Discussion ensued regarding the application of the standards to
include C-1, C-2, C-3, and C-4, metal side buildings and there
locations, protection fram substandard property development, and
fence variances including existing structure remodeling
requirements for exterior appearance on metal sided building and
building material requirement, and utilityrequirements for burial
of lines. Further discussion ensued regarding the powers of
administrative services ,proved by the Planning Commission..
Alderman Young expressed concern regarding burial of utility lines.
Mayor Hanna expressed the desire to prohibit chain link.
Alderman Schaper expressed concern regarding language in Item 6
with regard to natural vegetation and berming in regard to outdoor
storage yards which is not being enforced.
Discussion ensued as to procedure for amendment to the ordinance,
and the language in Item 6 including "if left outside overnight."
Further discussion ensued asto the interpretive difference between
"display" and "outside storage."
Jeff Koenig, a School Board member, expressed his concern that the
ordinance had the potential to cut the tax base. Additionally, he
stated the problems with variance provisions and the confusion and
capital outlay.and risk involved for builders and developers during
large scale development approval.
Koenig presented a list of existing buildings that would not meet
the proposed standards. Discussion.ensued regarding the University
of Arkansas •not having to meet City standards. Further discussion
ensued regarding the HYPER building, Barnhill, etc. and metal
structures within the overlay. district, which- have received
architectural awards versus nonaesthetic structures.
Additional discussion ensued regarding automobile dealers and cost
impact on .fencing their yards. and -the 'importance of the variance
provisions for them.
Alderman Young suggested a Survey of. Visual Preference and
discussion ensued regarding differing opinions on what is
aesthetically pleasing.
Alderman Schaper suggested a Design Review Board and discussion
ensued regarding the subjective nature of a Design Review Board and
the ordinance itself.
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March 21, 1995
Steve Ward, representing Fayetteville Chamber of Commerce, stated
that the Contractors Committee noted that additional costs could be
in the range of 13% to 17% and these costs would be passed along to
every citizen. He requested more public.comments from the business
community and developers to try to reach a consensus on the issue
and offer the resources of the Chamber to facilitate same.
Alderman Daniel stated that this could impact tourism. Discussion
ensued regarding trade and tourism and the impact of less than
aesthetically pleasing structures
Alderman Miller suggested leaving the ordinance on the first
reading and requested that Ward call the Chamber meeting within one
week.
OTHER BUSINESS
Mayor Hanna stated the Alderman Schaper had requested that two
ordinances be placed on the agenda but left on the first reading.
Rose stated that the Second Dwelling Ordinance would be read but
that the Flood Plain Ordinance would be adopted by reference and
not read as provided under the Council rules.
Further in regard to the Flood Plain Ordinance, the City Clerk
would publish notice that the Ordinance was available for public
inspection.
SECOND DWELLING ORDINANCE
Mayor Hanna introduced consideration of an ordinance amending
Chapter 160 of the Zoning Code to establish standards and
regulations for detached. second family dwelling units within
residential districts as a conditional use.
The City Attorney read the ordinance for the first time.
Alderman Schaper stated that his intention for leaving the
ordinance on the first reading was to substantiate that the
Planning Commission and City Council were working expeditiously to
provide guidelines and refute accusations that the Council was "no
growth" oriented. He invited public comment and stated that one of
the units on the subject property must be owner occupied to take
advantage of the ordinance. He added that there had been concern
with rental property regarding absentee landlord and this ordinance
would assure the quality and upkeep of the property would be
maintained.
Discussion ensued regarding leaving the ordinance on the first
reading to allow for public comment.
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-,-March; 21;: 1995
Rose .stated that there had been many,publichearings .and Tim
Conklin in the Planning office had put a:.great deal of effort into
the ordinance and commended him. Additionally,: he stated'that the
more criteria you include for design review the more.:sound it
becomes legally. Discussion ensued regarding enforcement of the
ordinance's specific guidelines in court.
Discussion ensued regarding visual preference and -specific
guidelines as they apply to the overlay district.
FLOOD DAMAGE PREVENTION: ORDINANCE
Mayor Hanna introduced consideration of an Ordinance adopting the
flood damage prevention code to the City of Fayetteville:
The City Attorney read the ordinance for the first time.
SPECIAL CITY COUNCIL. MEETING
Mayor Hanna announced that tentatively, a special meeting was to be
held.in-Conjunction with the Agenda Session on March 28, .1995.4
NOMINATING COMMITTEE REPORT
Alderman Daniel stated that'20.applications.had been received for
3 vacancies on the Planning Comtission.H All were qualified and
willing to serve. Thenominees are John -:Harbison, John Forney, and
Conrad Odom.
Alderman Williams stated he was impressed..with the responses from
the applicants and felt.that the nomineeswould provide a balanced
Planning Commission.
Alderman Parker stated that he appreciated the fact that all the
Alderman .present were allowed to Vote., -
Daniel, seconded by Williams:, made a :motion to approve the
nominations. Upon roll call the motion passed by a vote of 7 to 0.
Mayor Hanna stated that the terms would be. effective April 1, 1995.
CITY_COUNCIL_VACANCY
Mayor Hanna -stated that the council vacancy end selection procedure
had been discussed at.;.:the Agenda Session':'- An advertisement for
the vacancy had been published in the newspaper and would close on
Friday, March 24, 1995. The applications would be reviewed after
the Agenda Session on March 28, 1995. Interviews will be scheduled
during the following week..
March 21, 1995
TOWNSHIP EXTENSION - TREE
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•
Alderman Parker asked the status of the registered tree on
Township.
Assistant Public Works Director Venable stated that was still under
investigation. Discussion ensued regarding the Tree Ordinance and
replanting of trees versus protection of older trees. Further
discussion ensued regarding the Tree Committee and the Citizens
Environment Committee and the amount of time the spend in public
hearing and the paramount importance of public input and opinion.
CONGRATULATIONS TO ALDERMAN PARKER
Alderman Williams congratulated Alderman Parker for passing the
bar.
ADJOURNMENT
The meeting adjourned at 9:40.