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HomeMy WebLinkAbout1995-05-16 Minutes171 MINUTES OF A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, May 16, 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, Jimmy Hill, Steve Parker, Len Schaper, and Heather Daniel; City Attorney Jerry Rose; City Clerk/Treasurer Traci Paul; members of the staff, press, and audience. CALL TO ORDER Mayor Hanna called the meeting to order with eight aldermen present. NOMINATING COMMITTEE REPORT Alderman Parker requested the Council hear the Nominating Committee Report. Daniel, seconded by Miller, made a motion to appoint Teresa Johnson to the Juvenile Concerns Committee and Reed Greenwood and Bill Mandrell to the Walton Arts Center Council. Upon roll call, the motion passed with a unanimous vote of 8 to 0. NATIONAL PUBLIC WORKS WEEK PROCLAMATION City Attorney Rose read the proclamation. Public Works Director Kevin Crosson stated that this was the first time the City of Fayetteville had participated in the activities surrounding National Public Works Week. National Public Works Week activities will begin on Friday night with an exhibition of the results of a creative art contest that was open to the fifth grade elementary classes city wide. The Government Channel will be broadcasting educational clips of projects done in public works. FOUR COUNTY REGIONAL SOLID WASTE MANAGEMENT DISTRICT REPORT Louise Mann, Education Outreach Coordinator, explained the organization of the District, delineated the goals such as reduction of the volume and toxicity of waste stream at the source and conservation of natural resources and explained the objectives of the District including creation of an infrastructure for education and a network for communication. Mann explained the networking system which begins with monthly and quarterly Facility Operators Meetings and staff meetings and educational workshops for schools and businesses. Mann stated that they were working to create mass recycling efforts and reduce solid waste. She talked about educational projects such as Project Trash Hold, Cooperative 172 May 16, 1995 Extension efforts, projects with the school district and University. of Arkansas, Mr. Can Man Project, creation of the library, Northwest Arkansas Recycling Directory, and the poster series. RESEARCH AND TECHNOLOGY PARK REPORT Steve Ward with the Fayetteville Chamber of Commerce explained that a land acquisition in 1990 was for an industrial park. Ward stated the proposed Research and Technology Park will be the only one in Arkansas and one of the few across the country.... Ward commended Director of Economic Development Jim Crider,'head of the Economic Development Committee Eric Bartly, and Jim,Foster for their work on the project. • Jim Foster presented .a, concept map of theproposed research and technology park at the intersection of Highway 71 and Highway 112 containing 289 acres. He discussed the flood way, flood plain; slopes, tree preservation,;zoning, utility'easements, setbacks, and fiber optics providing.rstate-of the art technology. Traffic access was provided by the Highway 112 and Highway 71 interchange via Shiloh Drive which would be landscaped. The proposed park would contain 20 lots ranging in size from 5 to 10 acres, and some would be developed for multi -occupant tenants. The park might contain.a future substation. Discussion ensued regarding future plans for receiving bids for a planning team for development of the draft of the master plan in order to compile costs. Ward requested a release of the economic development funds in the near future to fund the project. Mayor Hanna inquired if there would be an opportunity to ask for help from the AIDC for road construction. - Ward stated that as soon as there is a plan, the AIDC should be supportive. Alderman Young inquired as to whether or not there would be protective covenants prohibiting "smoke stack" industries. Ward :stated that the covenants would be very restrictive and further expressed thanks for Alderman Schaper's efforts regarding the development. Alderman Schaper stated that the large lot size would avoid the chopped look. Multi -client buildings would accommodate the smailer businesses and contain restaurant/cafeteria services for the entire park. Ward stated that the AIDC was very impressed with Foster's presentation. May 16, 1995 OLD BUSINESS 173 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. COMMERCIAL DESIGN STANDARDS: An ordinance amending Sections 160.035, 160.036, 160.037, and 160.038 of the Fayetteville Code of Ordinances to provide for additional commercial design standards. Mayor Hanna stated the item was left on the table at the May 2 Council meeting. Alderman Williams suggested the Council refer the ordinance to the Ordinance Review Committee and requested that the ordinance be left off the agenda until the Ordinance Review Committee decides to refer it back to the Council. B. ANNEXATION: An ordinance annexing 99.8 acres located north of Huntsville Road and east of Jarnagan Lane. Mayor Hanna stated the ordinance was left on its second reading at the May 2 Council meeting. Rezonings R95-5 and R95-6, which were passed at the May 2 Council meeting, are contingent upon the approval of the annexation. City Attorney Rose read the ordinance for the third time. In answer to a question from Mayor Hanna, Rose stated that there were concerns regarding the wording of the bill of assurance. Little stated a bill of assurance had been presented to her. The bill of assurance limits the number of structures to 212 single family dwellings. The previous bill of assurance did not specify single family dwellings. Mike Keen presented a petition from seven adjoining property owners opposing the zoning of the property. He expressed concern regarding the belief that there is a need for affordable housing. Keen stated there were currently 60-70 homes for sale in Fayetteville in the $40,000 to $70,000 range. Andrew Schimelpfenig, property owner, requested that the Council keep an open mind and expressed his concern regarding the city's growth and developments done to County standards versus City standards. In answer to a question from Schimelpfenig, Little stated that the County standard was 1 house per 1.5 acres per the septic provision and the City standard was 1 house per 2 acres for A-1 zoning. The proposed development in not a septic tank development. 174 May 16, 1995 Schimelpfenig expressed concern that living away fromtown would create additional expenses from families making the development not an affordable housing development. Richard Farcus, Huntsville Road resident, expressed concern regarding the lack of a thorough plan for the subject subdivision. Additionally, he expressed his concern regarding whether or not this development was in accordance with the 2010 Plan. Doug Wilde expressed his objection to approval of the annexation. He cautioned the Council not to approve a bad deal like previous Councils. Nancy Keen expressed her opposition to the approval of the annexation. Nell Smith expressed her opposition to the annexation. Jude Keen stated that she had considered supporting the annexation but had changed her mind. It would be more appropriate to limit the number of homes and put in nicer ones. Keen stated there really is not a shortage of affordable homes. Vicky Linear expressed her opposition to the annexation based on the increase in traffic, lack of infrastructure,, growth and density, and opposition to the 2010 Plan. Alderman. Daniel commented that the annexation was not in the spirit of the current Land Use Plan. Alderman Parkerread a statement regarding the annexation. He stated the developers are developing the subdivision to make money. The families in the area have voiced their opposition to the number or houses proposed and the potential traffic problems. The State has shown no sign of providing money in the near future to widen the highway even though it qualifies for it. The Council should listen to the people who live in the area of the proposed annexation. Parker expressed concern that the type of development proposed would ruin the community. He stated the proposed development is the opposite of planned growth. Opposing developments like the one proposed derails ill-considered developments which are not in the best interest of the people of Fayetteville. Parker stated that he was not in favor of the annexation. Alderman Schaper stated that he opposed the annexation because of its direct conflict with the 2010 Plan. The proposed density is inappropriate in a rural transition zone. Development should be encouraged within Fayetteville's grid street system. Alderman Schaper expressed concern regarding the additional traffic which would have no where else to go but onto an already over -crowded road. The infrastructure is not ready for this development. 175 May 16, 1995 Alderman Hill stated that he had received one phone call from the developer supporting the annexation and fourteen phone calls opposing it. The annexation is not a matter of right, and the infrastructure is not in place for annexation. The Council should have a plan of action and be consistent. Alderman Daniel expressed her opposition to the annexation. Alderman Williams stated that the rezonings were passed at the last meeting by a 75% approval margin. The land is not on the edge of town, and in the future it would be annexed anyway. The annexation is not in conflict with the 2010 Plan, and it should not be considered "leap frog" development. Alderman Hill stated that he had voted for the rezonings for the reason that if the annexation passed the rezoning would be the best use. The rezonings and the annexation are two totally different issues. Alderman Parker commented that the land dedication is in the flood plain and, therefore, undevelopable. Alderman Miller stated the City has needed to annex land wisely and in large pieces to square off Fayetteville. He stated that he was not in favor of the annexation. In response to a comment from Alderman Young, Alderman Schaper stated the problem is the density in this geographical area of Fayetteville. Mayor Hanna stated that he did not agree that the proposed development is the opposite of what Fayetteville is trying to accomplish in the 2010 Plan. The Planning Commission had voted 4-2 for the annexation. The Council was elected to represent all views. This proposed development will be constructed according to the codes and regulations in place plus what the petitioner has given. Upon roll call, the annexation failed by a vote of 2 to 6 with Aldermen Parker, Hill, Schaper, Daniel, Miller, and Young voting no. C. NEIGHBORHOOD COMMERCIAL USE ORDINANCE: An ordinance amending Chapter 160, Zoning Code, of the Fayetteville Code of Ordinances to establish standards and regulations for limited neighborhood commercial uses within residential districts as a conditional use. • Williams, seconded by Daniel, made a motion to suspend the rules and proceed to the third and final vote. 176 May 16, 1995 Upon roll:call,.the motion passed with a vote,of 7 to 0,..with Miller absent. City Attorney Rose read the ordinance for the. third time. Upon roll call, the ordinance passed with a unanimous vote of 7 to 0, with Miller absent. ORDINANCE 3892 APPEARS ON PAGE OF ORDINANCE BOOK Aldermen Bassett and Williams were excused from the meeting. CONSENT AGENDA Mayor Hanna introduced consideration of items which may be approved by motion, or contracts and leases which can be approved by resolution, and which may be grouped together and approved simultaneously under a "Consent Agenda:" A. Minutes of the May 2, 1995 regular City Council meeting. B. A resolution awarding Bids 95-4, 95-5, and 95-7 to the lowest bidders, McClinton =Anchor, .Midwest Asphalt Products, Sweetser Construction, and.Beaver Lake Concrete for asphaltic materials, .asphaltic oils, concrete materials and contract for curb and gutter installation services. RESOLUTION 66-95 AS RECORDED IN THE CITY CLERK'S OFFICE. C. A resolution_approving.a.budget<<adjustmeht :authorizing two. additional',positionS (Cad '.Drafter>'and =Engineering: Tech) for Engineering, authorizing reclassification of the Public ,Works Analyst-"-positionTdAssistant Public Works Director -and providing; funding for the .added positions. RESOLUTION 67-95 AS RECORDED IN THE CITY CLERK'S -OFFICE. A resolution approving Task Order #4 with McClelland Consulting Engineers for design/construction work necessary for drainage area improvements north of runway 16. RESOLUTION 68-95 AS RECORDED IN THE CITY CLERK'S. OFFICE..... E. A resolution approving the destruction of records as requested by the City Clerk. RESOLUTION 69-95 AS RECORDED IN THE CITY CLERK'S OFFICE.. 177 May 16, 1995 F. A resolution awarding Bid 95-34 to Basic Construction for grading and drainage improvements needed on the Transfer Station and Materials Recovery Facility site and approving a budget adjustment for additional engineering, construction, site preparation, and removal/relocation and expansion of salt building required for this site. RESOLUTION 70-95 AS RECORDED IN THE CITY CLERK'S OFFICE. G. A resolution establishing an investment policy and granting certain powers associated with the investing of City funds to the Mayor and the Administrative Services Director. RESOLUTION 71-95 AS RECORDED IN THE CITY CLERK'S OFFICE. Miller, seconded by Young, made a motion Agenda. Upon roll call, the motion passed with ENGINEERING CONTRACT to approve the Consent a unanimous vote of 6 to Mayor Hanna introduced consideration of a resolution contract with CH2M Hill in the amount of $79,392 for services for Phase I of the Master Drainage Study and Mayor Hanna stated that the item had been removed from Agenda so that Alderman Miller could abstain from the a conflict of interest. 0. approving a engineering Plan. the Consent vote due to Upon roll call, the motion passed with a vote of 5 to 0 with Alderman Miller abstaining. RESOLUTION 72-95 AS RECORDED IN THE CITY CLERK'S OFFICE. CONSTRUCTION CONTRACT Mayor Hanna introduced consideration of a resolution approving a construction contract with Sweetser Construction in the amount of $577,833.50 plus a 10% contingency of $57,783.35 for improvements to Stubblefield Road, approving a budget adjustment, and authorizing the Mayor to expend up to the total project budget. Mayor Hanna stated that the item had been removed from the Consent Agenda due to the amount of the contract. Public Works Director Kevin Crosson stated that additional information had been distributed. Alderman Schaper stated the City is getting a very good bid on a much needed improvement. 178 May 16, 1995 Alderman Miller expressed his approval of the bid. In answer to a question from Alderman Parker, Little stated that there were seven allocations made to developments along Stubblefield with the exception of one developer who failed to meet his obligations. The development was Hemingway Ridge. The problem is being corrected. Alderman Hill inquired as to the formula used to compute the contribution from developers. Little stated that she would prepare a written document for the Council. Upon roll call, the resolution passed with a unanimous vote of 6 to 0. RESOLUTION 73-95 AS RECORDED IN THE CITY CLERK'S OFFICE. REZONING R95-10 Mayor Hanna introduced consideration of an ordinance rezoning .57 acres located at 2988 Anne Street from A-1, Agricultural to R-1.5, Moderate Density Residential, as requested by William Craft. Mayor Hanna stated the Planning Commission voted 8-1-0 to recommend the rezoning. The City Attorney read the ordinance for the first time. Alderman Miller commented that these were small lots and surrounding structures were duplexes and urged the Council to leave the ordinance on the first reading. Mayor Hanna asked for public comment. There was none CONSTRUCTION CONTRACT Mayor Hanna introduced consideration of construction contract to Garney Company $1,457,150 plus a 5% contract contingency Rehabilitation, Illinois River Watershed 21. a resolution awarding a , Inc. in the amount of of $72,858 for sewer line Basins 12-14, 17, 20 and Alderman Miller stated that it was worthy use of appropriations. Alderman Parker expressed his support of the project. Mayor Hanna explained that this is a part. of the EPA mandated rehabilitation program. It will eventually cost the city approximately $18 million. The reduction of overflows has been considerable. • May 16, 1995 179 Mayor Hanna stated that the project was delayed due to the loss of the bond issue. Upon roll call, the resolution passed with a vote of 6 to 0. RESOLUTION 74-95 AS RECORDED IN THE CITY CLERK'S OFFICE. DRAINAGE AND EROSION CONTROL ORDINANCE Mayor Hanna introduced consideration of an ordinance establishing stormwater management, drainage and erosion control guidelines. The City Attorney read the ordinance for the first time. Alderman Daniel inquired regarding the 48 hour stop work order. Staff Engineer Jim Beavers stated that 48 hours was a reasonable time frame. Discussion ensued regarding stop work order on Mission Hills. Alderman Schaper inquired regarding exemptions of the ordinance and asked how this would affect the "Granny Ordinance." Discussion ensued and Beavers stated that the Granny Ordinance had not been taken into consideration but that its purpose was to prevent a situation such as Mission Hills. Alderman Miller expressed his approval of the section protecting wetlands. Alderman Young inquired as to the clause on page 11 and usage of retention versus detention. Discussion ensued. Beavers stated that he would clarify the problem. Alderman Young inquired as to land and easement dedication. Discussion ensued. Rose stated that the entire system was being dedicated. The ordinance was left on its first reading. EASEMENT AGREEMENT Mayor Hanna introduced consideration of a resolution authorizing the Mayor to enter into an Easement Agreement with Southwestern Bell Telephone Company for a 400 square foot tract of land within the boundary of Fayetteville Drake Field for installation of a fiber optic equipment station. Upon roll call, the resolution passed with a vote of 6 to 0. RESOLUTION 75-95 AS RECORDED IN THE CITY CLERK'S OFFICE. 180 May 16, 1995 EQUIPMENT. PURCHASE • Mayor Hannaintroduced consideration of a_resolution.awarding:..Bid 95-31 to the lowest qualified bidders meeting specifications, Ron Blackwell. Ford. and Gus.Shaffar Ford, for the.purchase.of.four..new intermediate pick-up trucks for a total cost of $69,190.32. Mayor Hanna stated the Equipment Committee had approved the purchase by a vote of 4 to 0. . Alderman Miller reported that two of the trucks were for•Water and Sewer, one was for General Fleet Operations, and the other was for OMI. There was no conflict with OMI because the unit was a city vehicle. Alderman Parker commented on the ambiguity of the "lowest qualified bidder." Discussion ensued regarding the factors used to determine the best bid. Upon roll call, the resolution passed with a vote of 6 to 0. RESOLUTION 76-95 AS RECORDED IN THE CITY CLERK'S OFFICE. BID. WAIVER Mayor Hanna introduced consideration of an ordinance approving a bid waiver for the purchase of a used bag removing machine.to be utilized In the Solid Waste Division/Recycling. Program for Yard Waste for_a.total cost not to exceed $10,000. .. The City Attorney read the ordinance for the first time. Alderman Miller presented a description of the bagging deviceandspeed and usageof same. Miller, seconded by Schaper, made a motion to suspend the rules and proceed to the second reading of the ordinance. Upon roll call, the motion passed with a unanimous vote of 6 to 0. The City Attorney read the ordinance for the second time. Schaper, seconded by Parker, made a4motion to suspend the -rules and proceed to the third reading of the ordinance. Upon roll call, the motion passed with a unanimous vote to 6 to O. 181 May 16, 1995 The City Attorney read the ordinance for the third time. Discussion ensued regarding the savings difference between new and used equipment and the success of the trial use of the device. Upon roll call, the ordinance passed with a vote of 6 to 0. ORDINANCE 3893 APPEARS ON PAGE OF ORDINANCE BOOR ENVIRONMENTAL STUDY CENTER Mayor Hanna introduced consideration of an ordinance establishing the Lake Fayetteville Environmental Study Center. Mayor Hanna stated that a 1973 ordinance had originally established the center and the subject ordinance would establish same for an additional 50 years and expressed concern regarding liability of the term of the school lease regarding expansion concerns and future land use of the subject property. Mayor Hanna suggested that the matter be referred to the Ordinance Review Committee. Discussion ensued. Alderman Daniel agreed that the ordinance be forwarded to the Ordinance Review Committee. Alderman Parker expressed concern regarding the term of the ordinance but urged protecting the center under ordinance. Mayor Hanna stated that there were problems regarding release of waste water into area watersheds. The Mayor urged that the Council retain control of the center. Discussion ensued regarding environmental concerns and public right to use of the center. Alderman Young commented that the ordinance would be amended by the Council if an unforeseen event occurred necessitating another use for the subject property. Discussion ensued regarding the City's right to reserve usage of the property. Fran Alexander expressed her support of the ordinance. Parker, seconded by Miller, made a motion to forward the ordinance to the Ordinance Review Committee. Upon roll call, the motion passed with a unanimous vote of 6 to 0. 182 May 16, 1995 OTHER BUSINESS STREET COMMITTEE MEETING A Street Committee Meeting has been scheduled for Thursday, May 18, at 6:15. ENVIRONMENTAL CONCERNS. An Environmental Concerns Meeting has been scheduled for Wednesday, May 17, at 7:00. TREE & LANDSCAPE ADVISORY COMMITTEE Landscape Committee has scheduled a hearing on 25 at Root School on Mission Street regarding the at 7:00. The Tree and Thursday, May Tree Ordinance ADJOURNMENT The meeting was adjourned at 9:10 p.m.