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HomeMy WebLinkAbout1995-06-06 MinutesMINUTES OF A MEETING OF THE CITY COUNCIL 183 • . c4 A meeting of the Fayetteville City Council was held on Tuesday, June 6, 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 Daniel, seconded by Williams, made a motion to appoint Lisa Johnson to the Equalization Board; David Lieb and Lloyd Seaton to the Walton Arts Center Foundation and Fred Sherman to the Board of Housing and Construction Appeals. Upon roll call, the motion passed with a unanimous vote of 8 to 0. OLD BUSINESS Mayor Hanna introduction consideration of items that have been brought before the Council but were tabled or no decision made to allow further information to be presented. A. REZONING R95-10: 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. City Attorney Rose read the ordinance for the second time. Mayor Hanna asked for any public comment. There was none. Miller, seconded by Schaper, made a motion to suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3894 APPEARS ON PAGE OF ORDINANCE BOOK 184 June 6, 1995 B. DRAINAGE AND EROSION CONTROL ORDINANCE: An ordinance establishing stormwater management, drainage and erosion control guidelines. Mayor Hanna explained that the ordinance had been left on its first reading at the May 16 Council meeting. Mayor Hanna stated the requested changes have been addressed. City Attorney Rose stated Jim Beavers has proposed two changes. Young, 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 8 to 0. The City Attorney read the ordinance for the second time. Miller, seconded by Hill, made a motion to approve the amendments suggested by Jim Beavers. Upon roll call the motion passed by a vote of 8 to 0. In answer to a question from Alderman Young, Rose explained that the ordinance could be voted on at this meeting.. I•f a motion is made to waive the rules, the ordinance does not have to be heard at three meetings. - Mayor Hanna asked for public comment. Mel•Milholland stated that tract builders should be responsible for their own erosion, not the general contractor for the subdivision. • Beavers asked if the Council wanted to pass the ordinance with an emergency clause. Williams, seconded by Miller, made a motion to suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 8 to 0. Alderman Schaper expressed his support for an emergency clause. Rose stated an emergency clause must be tailored to the particular ordinance. There has to be a reason for the emergency and it has to be well stated in the clause. An emergency clause could be drafted for this ordinance. In answer to a question from Alderman Miller, Rose stated he could draft an emergency clause and submit it at the next meeting. In answer to a question from Alderman Williams, Rose stated that without an emergency clause the ordinance would go into effect in 31 days. i 185 June 6, 1995 In answer to a question from Mayor Hanna, Rose stated he would have the emergency clause ready for the June 20 Council meeting. Williams, seconded by Parker, made a motion to table the ordinance. Upon roll call, the motion passed by a vote of 8 to 0. 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 16, 1995, regular City Council meeting. B. A resolution approving an agreement with the State Board of Finance for turnback of sales and income tax funds for the Continuing Education Center under the Tourist and Entertainment Facilities Assistance Act. RESOLUTION 77-95 AS RECORDED IN THE CITY CLERK'S OFFICE. C. A resolution approving the funding of a negotiated settlement between Richard M. Mayes and the City of Fayetteville in the amount of $160,000 for right-of-way acquisition on Sycamore Street. RESOLUTION 78-95 AS RECORDED IN THE CITY CLERK'S OFFICE. Miller, seconded by Hill, made a motion to approve the Consent Agenda. Upon roll call, the motion passed with a vote of 8 to 0. REZONING R95-11 Mayor Hanna introduced consideration of an ordinance rezoning 5.89 acres located on the north side of Appleby Road, in Phase II of Regency North Subdivision from R-2, Medium Density Residential to R -O, Residential - Office, as requested by Charm Homes. The City Attorney read the ordinance for the first time. In answer to a question from Alderman Parker regarding the Planning Commission's vote on the rezoning, Planning Director Alett Little stated Commissioners Britton and Forney voted against the rezoning. Britton was concerned about the number of access points. Little stated she was not sure that Forney stated a reason for his vote. In answer to a question from Alderman Miller, Little stated there was not public comment given at the Planning Commission meeting. Adjoining property owners were notified. 186 June 6, 1995 Mayor Hanna asked for public comment. There was none. Aldermen Williams, Miller, and Young expressed their support for the, rezoning. - Alderman Schaper pointed out that the only thing allowed in R-0 that would not, be allowed in R-2 would be offices. He stated that it looks like offices will be developed on the site. In answer to a question from Mayor Hanna, Little stated duplexes are allowed in R -O but apartments are only allowed as a conditional use. Alderman Parker suggested the Council leave the ordinance on its first reading to allow enough time for public involvement. Mel Milholland, representing the petitioner, stated there are no plans to build multi -family homes on the site. There are offices and commercial subdivisions in the area. In answer to a question from Alderman Schaper, Little stated screening is required between any use which is non residential in nature and residential areas. If offices are developed, screening would be required. In answer to a question from Alderman Miller, Little stated the Master Sidewalk Plan would determine the location of sidewalks. Milholland stated there are some trees existing which could serve as part of the screening.• - • RIGHT-OF-WAY GRANT Mayor Hanna introduced consideration of`a resolution authorizing the conveyance of a Right -of -Way Grant from`the'City- to Arkansas Western: Gas Company. Mayor Hanna stated the easement is to be 10' by 84' adjoiningthe east right-of-way of Old Wire Road, north of the intersection with Township. Alderman Daniel asked if the location of trees in the easement is reviewed before the utilities go in. Little stated the is no Tree Preservation Plan required for utility easements. Notification to the City is not required when utility easements are used. When someone purchases the right to use property for easements or right-of-way, that is the main purpose. Utility easements are likely to be cleared. Alderman Parker stated utility easements need to be cleared. 187 June 6, 1995 Little stated some utility companies are using smaller equipment and are doing their best to preserve trees in utility easements. Alderman Williams stated if the gas line has to be relocated, Arkansas Western Gas has agreed to pay for that. Williams, seconded by Daniel, made a motion to pass the resolution. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 79-95 AS RECORDED IN THE CITY CLERK'S OFFICE. CONSTRUCTION CONTRACT Mayor Hanna introduced consideration of a resolution approving a construction contract with Tomlinson Asphalt Co. in the amount of $186,974.45 plus a 15% contingency of $28,046.00 for Villa Mobile Home Park drainage system improvements and approving a budget adjustment. Aldermen Williams and Schaper expressed their support for the project. Miller, seconded by Schaper, made a motion to pass the resolution. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 80-95 AS RECORDED IN THE CITY CLERK'S OFFICE. EOUIPMENT PURCHASE Mayor Hanna introduced consideration of a resolution awarding Bid 95-29 to the lowest and best qualified bidder meeting specifications, Shipley Motor Co., for the purchase of two new dump trucks for a total cost of $158,832.52. Alderman Miller explained the durability and quality of the trucks being purchased. He stated it is the best buy for the City. Miller, seconded by Parker, made a motion to accept the resolution. Upon roll call the motion passed by a vote of 8 to 0. RESOLUTION 81-95 AS RECORDED IN THE CITY CLERK'S OFFICE. WAIVER OF REQUIREMENTS OF RESOLUTION 13-95 Mayor Hanna introduced consideration of a request for a waiver to allow the consideration of a proposed rezoning of a 315 acre site located south/southwest of the Northwest Arkansas Mall, as requested by Mel Milholland on behalf of Nanchar, Inc. Mayor Hanna stated the City Council Street Committee voted to refer the request to the full Council for discussion. There must be a compelling public interest in order to grant the waiver. The 188 June 6, 1995 owners have proposed, in return forthe rezoning at this time, to pave a street from the Northwest Arkansas Mall intersection with Joyce to the intersection with Gregg Street. This is a several million dollar project that they have offered to do. If the waiver is granted, the Planning Commission will hold a public hearing on the rezoning. If the rezoning is approved by the Planning Commission, it will be forwarded to the Council. Mel Milholland presented a plat of the area proposed to be rezoned. Mayor Hanna stated that the residential neighborhoods have contacted the City to ask that the portion of the proposed site that adjoins them be rezoned R -O. That may be discussed at the Planning Commission meeting. Alderman Williams stated the R -O would serve as a buffer between the commercial and residential areas. Alderman Schaper pointed out that the Design Overlay District requirements are applicable to a portion ofthe proposed site. Some of the open space required could be used to buffer the two areas. Alderman Parker reminded the Council that their job is to decide if there is a compelling public interest in the development of the proposed road. The road would provide a second back entrance into the mall. Alderman Schaper stated the proposed roads are included in the Master Street Plan. The right-of-way for the roads would have to be reserved. Alderman Williams stated there is a compelling public interest. Alderman Bassett expressed support for the proposed rezoning and the construction of the road. In, answer to a question from Alderman Schaper, Milholland stated the road which would be parallel to the by-pass is being proposed so that development could occur along the by-pass. Milholland stated the road would be developed with future phases. • Alderman Hill suggested that the owner construct a different road in phase•'I instead of the one proposed. Milholland stated it would be the City's choice. Crosson stated the City is in the process of extending a road to Gregg Street. 189 June 6, 1995 In answer to a question from Alderman Williams, Crosson stated the project will be completed next year. Alderman Miller suggested preserving some of the trees located on the property. Alderman Schaper stated the neighborhoods in the area are concerned about drainage. Milholland stated that the drainage problems will be addressed. Williams, seconded by Bassett, made a motion to grant the waiver. Upon roll call, the motion passed by a vote of 8 to 0. Res•8,t-95 BUDGET ADJUSTMENT Mayor Hanna introduced consideration of a resolution approving a budget adjustment reallocating funding for sewer rehabilitation from the Sales Tax Capital Improvement Fund to the Water & Sewer Fund and increasing street improvement funding in the Sales Tax Capital Improvement Fund. In answer to a question from Mayor Hanna, Administrative Services Director Ben Mayes stated the budget adjustment will free up two billion dollars for street work. Miller, seconded by Daniel, made a motion to approve the budget adjustment. Upon roll call, the motion passed by a vote of 8 to 0. 4as 83 -q-5- VARIANCE 9S VARIANCE Mayor Hanna introduced consideration of a variance of street width, sidewalk location, Tree Ordinance, and other matters relating to the proposed extension of Township road from Highway 265 eastward to the new elementary school. Alderman Hill explained that he would be abstaining from any discussion of vote on the issue because his company has a contract with the Fayetteville Public Schools. Alderman Miller stressed the importance of constructing the road by the time school starts in the fall. Jeff Koenig from the Fayetteville School District read a resolution passed by the school board at their meeting on May 23, 1995. Koenig stated the school board is concerned about safety. The design consultant that the City hired to design the road is also concerned about safety. Koenig read a letter which had been mailed to Staff Engineer Jim Beavers from Greg Bone of Development Consultants, Inc. 190 June 6, 1995 Koenig reminded. the Council that the School -District and the City are working jointly in developing the gyms at both the hew school sites. The use of the gyms will increase traffic on the roads leading to them. - In answer to a question from Alderman Parker, Koenig stated the private drive that runs in front of the school will be 24' wide. The drive was design to meet existing design standards. Alderman Hill pointed out that the resolution should read eastof Highway 265 instead of south. In answer to a question from Alderman Daniel, Rose stated the City is not legally liable for tortious acts. The City is liable for any intentional torts that the City may perpetuate upon the public. Koenig expressed concern regarding the timing on the school project. Alderman Williams suggested the Council not postpone a decision any longer. Alderman Bassett pointed out that staff had reported that late November would be the earliest completion date for the project. Assistant Public Works Director Charles Venable stated the requirement for the width of the street is 31'. There is to be a 4' wide strip between the back of the curb and the sidewalk. In order to put the street in and miss the tree, a 20 degree curve would need to be put in and the sidewalk would need to be moved closer to the street. The street would meet 30 mile an hour design speed. There is a steep hill near the. curve. If the design work started tomorrow, the plans could be finished around the first of July. The City could take bids in July and the work could possibly start in the first week in August. There are things that could be done to expedite the work but the road probably will not be finished by the time school starts. In answer to questions from Alderman Williams, Venable stated if additional property was purchased, the street could be built to the standard width and the sidewalk could be located at the proper location. That would not eliminate the curve around the tree'. There are a total of four curves planned for the road. The road is a low speed road. Alderman Miller commented that people are more likely to speed down wide straight streets. The City should bean=.examplerin the area of tree preservation. . In,answer'to a parking .should ° question from Alderman Schaper, Venable stated that not be allowed on the 3Y''.wide street 191 June 6, 1995 Alderman Schaper commented that narrow streets with curves slow traffic down. Alderman Williams expressed concern that a narrow street may not be appropriate. The street serves greater needs than residential needs. Dr. Vincent Runnels stated that according to an article in News Week, narrow streets are safer. The article also addressed preserving tree lined streets. Runnels explained that he and a neighbor had discussed an agreement. He stated that the neighbor has proposed to sell a portion of land that would in turn be given to the City. The road could be constructed to the south, away from the tree roots. The neighbor would like assurance that the City will site the street there. The City would not use the easement on the north side but the City could use the easement for anything that would not harm the tree. If the street is ever widened to four lanes, it would be built on the north side. Runnels requested that if the City did widen the street, they would repay the amount of money paid to purchase the 10' of land. Runnels stated that the gate does not cause a sight distance problem. Alderman Miller asked if the agreement between Runnels and his neighbor was final. Runnels stated that with the requested assurances, the agreement could be done within a day. In answer to a question from Alderman Williams, Venable stated the only variance that would be necessary would be one from the Tree Ordinance. Alderman Williams suggested the Council pass a variance to the Tree Ordinance. He stated that if the agreement is executed, the road could be constructed around the tree and if not, the road will be constructed as planned. Mayor Hanna pointed out that Runnel's tree and gate are on City property. He also stated that the road was designed to go straight. Mayor Hanna expressed concern that the placement of the gate may have damaged the tree. In answer to a question from Alderman Schaper, Venable explained that some excavation would need to be done underneath the tree. 192 June 6, 1995 Discussion ensued regarding the difference between right-of-way and easements. Runnels expressed concern that a patch of grass underneath the tree was yellow. Alderman Miller explained that the yellowing was characteristic of the type of grass located under the tree. In answer to a question from Alderman Daniel, Runnels stated he was not in favor of the extension of Township from Hwy 265 to Hwy 45. Alderman Parker commented that traffic moves slower on curving, narrow streets. Parker stated the road should be constructed with residential character. Dr. Al Inert stated that approximately 40% of the tree is dead. Some of the construction beneath the tree on the north side could have contributed to the problem. The tree may have five years of life left. Discussion ensued regarding possible pruning of the tree. In answer to a question from Mayor Hanna, Inert stated road construction could additionally damage the tree. In answer to a question from Alderman Schaper, Inert stated the roots of a tree extend beyond the canopy to a distance of about 25% of the diameter of the canopy. Alderman Parker suggested the Council give Runnels two days to enter into an agreement with his neighbor. If there is no agreement in two days, the road would be constructed as planned. Mayor Hanna expressed concern that Runnels had been given enough time to work out an agreement with his neighbor. Runnels stated that Boling would probably sell the land if the City would agree to construct the road upon the land he is selling. Runnels also asked that the City refund the money spent to purchase the land from Boling if the road is widened to four lanes. Discussion ensued regarding the deal proposed by Runnels and the possibility of the tree not surviving construction. Lamar Pettus, member of the Fayetteville School Board, stated the issue is to construct a safe and efficient access to the elementary school He expressed his support for a straight road. Pettus requested that the City take a stand and say that the safety of a child is more important than saving any tree. 193 June 6, 1995 Runnels commented that a curved street is not a safety problem and he added that the tree is not dying. In response to a comment from Alderman Daniel regarding the City's decision not to extend Township, Alderman Miller stated that by not running Township through, the City has committed the street to be a neighborhood street. Miller, seconded by Parker, made a motion to allow Runnels two days to enter into an agreement with his neighbor. City Attorney Rose explained that Runnels is expecting to place conditions on the sale of the land. Runnels explained that Boling wants the City to assure that the road will be constructed on the land he is selling and that if the road is widened to four lanes, the City will assure that it will not be constructed on his side. Runnels commented that he was requesting that if the City takes back the land being exchanged, they reimburse him. Alderman Bassett pointed out that the Council voted against the extending and widening Township on the Master Street Plan. He stated the issue is to construct a safe street. Discussion ensued regarding the issue of reimbursing Runnels. Alderman Parker stated that if the motion by Alderman Miller passed, it would be without a guarantee of repayment. Rose reviewed the motion. Venable stated that a sewer line will have to be relocated on the north side of the street. Discussion ensued regarding the location of the sewer line in relation to the tree. Beavers presented a transparency of the sewer line relocation. In answer to questions from Alderman Schaper, Beavers stated the four inch sewer line to be relocated has been in existence for approximately 14 years. The sewer line will be increased to an eight inch line when it is relocated and may be putin three to 10 feet deep. A water line must also be relocated. Beavers pointed out that a verticle curve next to a horizontal curve is not safe. He explained that if Development Consultants were instructed to prepare construction plans based on the curved alignment, they would need to be relieved of any liability for the project. 194 June 6, 1995 In answer .to .a. question from Alderman Williams, Beavers stated the difference in the cost of construction in the two roads would not be significant. Upon roll call,. the motionfailed by a vote of 6 to 2-, with Schaper, Daniel, Williams, Young, Bassett voting no and Hill abstaining. Daniel, seconded by Bassett, made a motion Upon roll call, the motion passed by.a vote and Parker .voting -no and Hill abstaining. PLANNING POSITIONS to deny the variance. of 6.to 2, with Miller Mayor Hanna introduced consideration of a resolution approving two additional positions in the Planning Division and a budget adjustment funding the positions for the remainder of 1995. Miller, seconded by Bassett, made a motion to approve the positions. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 84-95 AS RECORDED IN THE CITY CLERK'S OFFICE. ANNEXATION RECONSIDERATION Mayor Hanna introduced consideration of the reconsideration of an ordinance annexing 99.8 acre located north of Huntsville Road and east of Jarnagan Lane. Schaper, seconded by Daniel, made a motion to- reconsider the annexation. Upon roll call, the motion passed by a vote of 6 to 2, with Hill and Parker voting no. Alderman Schaper explained that he and Mr. Bayyari had discussed new ideas on the proposed project. He stated a revised bill of assurance has been submitted. Alderman Schaper reviewed the previous requests by the petitioner and previous actions by the Council. In reviewing Bayyari's latest proposals, Alderman Schaper stated the flood plain land would be subject to a permanent conservation easement and would never be developed-. The development density would be. equivalent to an R-1 zoning. On the 38 acres of land, 154 dwelling units could be built. The lots will range from 6,000 to 10,000 square feet. The minimum heated square footage of the houses to be built is 1,450. Parking areas for the R-0 tract shall be screened from view of Highway 16. Bayyari has agreed to make a $25,000 contribution to improvements at the intersection of Highways 265 & 16.. The covenants will require that builders of houses provide four large canopy trees for each lot. 195 June 6, 1995 In answer to a question from Alderman Williams, Bayyari explained that he was comfortable with the bill of assurance. Alderman Hill expressed concern that there had not been enough time for the Council to review the information or for input from the public. He stated the item should be delayed until the June 20 Council meeting. Mayor Hanna stated the Planning Office had mailed notification to adjoining property owners. Discussion ensued regarding the conservation easement. In answer to a question from Alderman Parker, City Attorney Rose stated the owner of the property would maintain the property. Nell Smith, an area property owner, expressed concern that she had not been notified. Little explained that all adjoining property owners were notified by mail. Smith stated she was not an adjoining property owner. Alderman Schaper reported that both Mike and Bill Keen are comfortable with the proposal. Alderman Bassett expressed concern regarding the issue of Council members negotiating with developers. Alderman Parker stated the traffic will still be a problem. The development is still uncharacteristic for a rural transition area. Alderman Parker expressed concern regarding the process used to present the reconsideration. Discussion ensued regarding the new proposal and the process taken to bring it to the Council. In answer to questions from Alderman Williams and Mayor Hanna, the City Attorney stated the ordinance is on its third reading and is ready to be voted on. If the ordinance is going to be forwarded to the next meeting, it should be tabled. Alderman Young stated the previous proposal was more in line with the 2010 Plan. The current proposal is urban sprawl. Alderman Schaper expressed his disagreement. Williams, seconded by Hill, made a motion to table the reconsideration of the annexation. Upon roll call, the motion passed by a vote of 8 to 0. 196 June 6, 1995 TREE 4 LANDSCAPE ADVISORY COMMITTEE REPORT Steve Noland, Chairman of the Tree & Landscape Advisory Committee, introduced other members of the committee and listed the following accomplishments of the committee during the last seven months: held a meeting with members of the Regional Ordinance Drafting Committee, visited with Mayor Hanna, received input from aldermen, held a meeting with the Chamber of Commerce, held a Public Hearing, and received comments from individuals and organizations. Future plans of the committee include meeting with City Attorney Jerry Rose, visit with the public utilities, and request input from the Planning Department. Public comments can be sent to the Planning Director. The Tree & Landscape Advisory Committee meets at 4:00 p.m. on the second and fourth Wednesdays of each month. The committee still recommends that the City budget for and hire a City Horticulturalist. The position shouldrequire a degree in horticulture or landscape architecture with three to five years experience, good communication skills and"experience in grading and drainage. The committee would like to have the individual help with the revision of the Tree Ordinance. Alderman Hill expressed support .for the suggestion of the Committee. Noland distributed a job description for the City Horticulturalist and other information. Discussion ensued regarding the duties of the City Horticulturalist. Mayor Hanna inquired about who the Horticulturist would work for. Alderman Hill stated the Horticulturalist would be working in the Planning Department. Alderman Williams expressed his support in having someone whose first priority would be enforcing the Tree Ordinance. Alderman Bassett stated that a City Horticulturalist would need to be a teacher rather than a cop. Public Works Director Kevin Crosson explained that the ideas brought forward by the Tree & Landscape Committee could be combined with the City Gardener position which has already been approved by the Council. He stated the first priority for the position that is already in the budget is the administration of the Tree Ordinance. 197 June 6, 1995 Alderman Miller stated that the City needs someone to oversee grading, herbicide aspects, and erosion problems. OTHER BUSINESS ARTS CENTER PARKING LOT In answer to a question from Alderman Young, Crosson stated that McDonald's is putting up a display tent in the Arts Center parking lot. Mayor Hanna stated approximately 800 McDonald's managers are attending a three day meeting. in Fayetteville. In answer to a question from Alderman Young, Mayor Hanna stated the holes in the asphalt will be taken care of. COMPUTATION OF CONTRIBUTIONS BY DEVELOPERS In response to a request for a copy of the computation of contributions by developers, Little explained that it is still being worked on and that a copy would be forwarded to each Council member. ADJOURNMENT The meeting was adjourned at 9:30 p.m.