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HomeMy WebLinkAbout1995-09-05 Minutes369 MINUTES OF A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, September 5, 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, Jimmy Hill, 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 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. COST OF CITY SERVICES: An ordinance amending various chapters of the Fayetteville Code of Ordinances to change the fees for City services. Alderman Parker distributed a list of services that the City subsidizes, the processing fees and proposed changes. Parker stated there are some City services such as emergency services that the City does not want to charge for. The services listed are in conjunction with Development process. In 1991, using the services in one particular chapter of the Code of Ordinances, there was approximately $360,000 of developer and user payment and approximately $1 million in City subsidies. Alderman Parker reviewed the list of current processing fees, subsidies paid by the taxpayers, and proposed changes. Using information from a 1991 Cost of Services Study, Parker cited the following examples: • The Board of Adjustments processing fee is $25. The actual cost is $376. The subsidy for each request is $351. Proposal: $25 fee before violation. $100 fee after violation. • The Sign Appeals processing fee is $25. The actual cost is $373. The subsidy for each request is $348. Proposal: $350 fee 370 September 5,.1995 • The Conditional Use processing fee is $30. The actual cost is $267. The subsidy for each request is $237. Proposal: $100 fee • There is no present fee for Tree Ordinance services. The actual cost is $121. The subsidy for each request is $121. Proposal: $120 fee for subdivisions and large scale developments. • The Large Scale Development fee is $45. The actual cost is $800. The subsidy for each request is $755. Proposal: $800 fee or charge from $200 to $800 depending on the size of the development. Alderman Parker explained that he had consulted with different City departments on the proposed. changes. Fee changes were also cited for Lot Splits, Rezonings, Vacations, Preliminary Plats, Final Plats, Concept Plats, Reinspections, Certificates of Occupancy, and Sign Permits. Alderman Parker explained that modifications requested by the Chamber of Commerce Contractors Committee had been made.,, The Committee requested that some of the money go toward increasing staffing, equipment and procedures in the various departments utilized in the development process: There has been concern that an increase in the cost of development will be passed on to the consumer. If all of these increases were approved it would increase the cost per unit in a 10 lot subdivision by $94, the cost per unit in a 40 lot subdivision by $76, and the cost per unit in a 100 lot -subdivision by $36. These small increases in cost should not deter someone from buying a home in the $60,000 range. It will give the City a greatly increased ability to make necessary changes that are brought on by development in staffing, equipment, and infrastructure. Alderman Schaper stated most of the fees are proposed to be close to their actual cost. Schaper asked why the proposed fees for Board of Adjustment and Conditional Use would still be considerably less than actual cost. Alderman Parker stated the Conditional Use requests are usually for small scale businesses. City departments expressed a desire -to try to reenforce citizens coming to the City for a Board of Adjustment request before a violation occurs. There is a significant difference in the amount of work to be done on a request submitted before a violation than one submitted aftera violation` occurs. • • • 371 September 5, 1995 In answer to a question from Alderman Miller regarding fees charged by other cities, Alderman Parker stated the Accounting Division did a survey of costs for services in other cities. The scaling back of some of the proposed fees was a result of the survey. Alderman Young stated the costs other than Planning would be addressed in the f Alderman Parker stated some fees. The Council could additional increases. 1991 Cost of Services Study included costs and asked if any of the others uture. areas are not appropriate for increased explore other chapters and discuss Alderman Parker explained that his intention was to introduce the proposal to the Council and the public. Parker stated he would like to have suggestions and comments from other aldermen on the proposal, discuss the proposal at the next agenda session, and then place an ordinance on its first and second readings at the next Council meeting. In answer to a question from Alderman Bassett, Alderman Parker stated the Chamber of Commerce Contractors Committee offered constructive criticism. They are the people that would be paying more. Most of the members agreed with the increased fees but expressed a desire to see some of the money applied to areas like Planning and Engineering. The committee suggested a number of ways in which projects could be processed better. In answer to a question from Alderman Bassett, Alderman Parker stated the steps a person would have to take to develop a 40 lot subdivision would result in an additional expense of $76 per unit. Parker explained he arrived at the $76 per unit by adding the fees for each service required to develop the subdivision and then divided the total fee by the number of units being developed. Mayor Hanna invited citizens in the audience to address the proposal. Alderman Daniel expressed her appreciation for Alderman Parker's work on the issue. Alderman Parker expressed his appreciation for the participation of the Chamber of Commerce. Alderman Bassett commented that citizens with concerns about the proposals should attend a Council meeting. Alderman Parker stated he would accept suggestions from other aldermen through the week and then resubmit the information to the Chamber of Commerce for the next Contractor Committee meeting. 372 September 5, 1995 CONSENT AGENDA Mayor Hanna introduced consideration of items which may be approved by motion, or contracts and leases which can be approved by resolution, and which may be grouped together and approved simultaneously under a "Consent Agenda:" A. Minutes of the August 14 and August 29, special City Council meeting and the August 15, regular City Council meeting. A resolution approving the purchase of additional parking gate equipment in the amount of $12,082.50 from Bid 95-42. RESOLUTION 114-95 AS RECORDED IN THE CITY CLERK'S OFFICE. • f Alderman Schaper explained that the minutes of the August 14 Council meeting do not list him as being present and asked that a correction be made. Schaper, seconded by Young, made a motion to approve the consent agenda. Upon toll call, the motion passed by a vote of 8 to 0. EASEMENT CONVEYANCE Mayor Hanna introduced consideration of a resolution authorizing the conveyance of an access and utility easement located on City property east of Lake Sequoyah Drive to Harley and Pauline Estes. Alderman Schaper asked for clarification of details on the map that was distributed before the meeting. Public Works Director Crosson stated when the City took the Lake Fayetteville property, additional property around the lake was acquired as a buffer. In thehlake area, the city limits and the city property generally coincide. Alderman Schaper stated the original tract does have frontage on a road. The proposed lot split would remove the frontage. An access easement generally means there will be a driveway. Schaper expressed concern on how the request would affect future lot split requests. Crosson stated each case would be considered .separately. The petitioner of the current request wants to allow his granddaughter to build a house on the back portion of his property. The City;is 4 beginning a new internal policy of requesting compensation for easements and vacations. This request was already in,the'process when the new policy decision was made. tsu. ., t 373 September 5, 1995 Alderman Schaper expressed concern about giving City property away. Schaper suggested the lot split be processed as a tandem lot. A tandem lot split does not require Council approval. Planning Director Alett Little stated a tandem lot split does require Planning Commission approval. In answer to a question from Mayor Hanna, Crosson stated it is 85 feet from the county road to the petitioner's property line. Alderman Miller stated the driveway cannot be used for future development. Mayor Hanna stated the issue is a matter of trying to be a good neighbor. It would allow access off of a county road within 80 feet instead of another access that may go 300 feet. Alderman Williams expressed support for the request and stated it just seems like the right thing to do. Williams stated in the future the City should try to get fair market value for easements. The policy needs to be in place before the City starts charging. In answer to a question from Alderman Young, Crosson agreed that the easement is an access easement. Alderman Young stated the City is not really giving property away. Alderman Schaper stated the property will no longer be in its natural state. There will be a driveway on it. Schaper suggested the City sell the property instead of granting an easement. Pauline Estes explained that the location of the existing structures on the property restrict them from placing an access anywhere else. Alderman Schaper asked Estes if she would be opposed to purchasing the property from the City. Estes stated it depends on the cost. Williams, seconded by Parker, made a motion to pass the resolution. Alderman Daniel stated if the City needed to do any water and sewer work along the property it would be beneficial to retain the easement. Alderman Williams commented that the City retains the rights to work in easement areas. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 115-95 AS RECORDED IN THE CITY CLERK'S OFFICE. 11' 374. September 5, 1995 CONTRACT Mayor Hanna introduced consideration of a resolution approving a contract with CH2M Hill in the amount of $683,286 for a sewer system study. Mayor Hanna explained that. the study is to look',at'- future expansion of the City's Waste Water Treatment System. Crosson stated proposals were submitted by McGoodwin, & Yates, CH2M Hill, Burns & McDonald, and Black &,Veetch.`,The proposals were considered by a selection committee composed of several members of City staff and Alderman Bassett. The study is very important for the City. It will direct the City's future growth in terms of sewer capacity forthe next twenty years. Alderman Miller explained that through his employer, he occasionally works for CH2M Hill and stated he would be abstaining from the discussion and the vote on the proposed contract. Alderman Hill expressed concern that he did not receive a copy of the contract. Crosson stated the contract is in the agenda packet. Alderman Bassett stated the contract was a part of the tentative agenda Alderman Hill stated there is 'a City Council Water & Sewer Committee. This proposal has not been reviewed by the committee. Crosson stated the decision to send the proposal to the committee is up to the Council. Alderman Hill expressed concern that the information submitted infers that the issue of design and construction is being considered. In answer to a question from Mayor Hanna, Alderman Hill stated the proposal should be forwarded to the Council Water & Sewer Committee for a recommendation. Alderman Williams agreed that forwarding the proposal to the committee would be a good idea. Alderman Schaper stated considering Alderman Miller's new job with OMI, it might be inappropriate for him to be on the committee. Alderman Schaper expressed concern about the big change in the scope of the contract. Hill, seconded by Schaper, made a motion to refer the contract to the Council Water & Sewer Committee: Upon roll call, the motion passed by a vote of 7 to 0, with Miller abstaining. • • September 5, 1995 REZONING R95-26 375 Mayor Hanna introduced consideration of an ordinance rezoning 1.94 acres located at 4230 E. Huntsville Road from A-1, Agricultural to R-1, Low Density Residential. Planning Director Little stated the 1.94 acres is not all of the area that is within the city limits. Because of the current moratorium on rezoning more than 2 acres, this is the minimum size that the applicant needed to accomplish what is planned. Currently there is one home and a commercial building on one lot and there is another home on the part of the lot. They need to separate it in order to rezone it. The request before the Council is a house keeping item. The Planning Commission voted 7-0-0 to recommend the rezoning. In answer to a question from Alderman Williams, Little stated the moratorium expired September 1. The Planning Office accepted this application in July. City Attorney Rose 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 8 to 0. City Attorney Rose read the ordinance for the second time. Alderman Schaper commented that the property being rezoned is located in front of Mr. Bayari's property. Miller, seconded by Young, made a place the ordinance on its third call, the motion passed by a vote motion to suspend the rules and and final reading. Upon roll of 8 to O. City Attorney Rose read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3921 APPEARS ON PAGE OF ORDINANCE BOOK ENVIRONMENTAL CONCERNS COMMITTEE Mayor Hanna introduced consideration of an ordinance establishing an Environmental Concerns Committee, providing for its composition, and providing for rules and regulations. Mayor Hanna stated the request was forwarded to the Council from the Environmental Concerns Committee. The Committee was originally established as an ad hoc committee. Mayor Hanna expressed his concern about establishing the committee by an ordinance. 376. September 5,'1995 Alderman Miller stated environmental concerns are important to many people in'Fayetteville. Recently the Council and Citizens Environmental Concerns Committees were united. The members want to give the committee some structure. The Environmental Concerns Committee is not a policy making committee, it is an advisory committee. Miller stated an ordinance may protect the committee in the future. City Attorney Rose read the ordinance for the first time. Williams, seconded by Hill, 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 O. City Attorney Rose read the'ordinance for the second time. - Alderman Parker expressed his support for the'ordinance. Mayor Hanna asked if the committee needs six At Large members. Alderman Miller stated the committee has been reduced to 13. Not all members can attend each meeting so the committee usually has a good working number. suspend the rules and reading. Upon roll ' 1 - Schaper, seconded by Young, made a place the •ordinance on its third call, the motion passed by a vote - motion the and final of 8 to O. City Attorney Rose read the ordinance for the third and final time. Upon roll call the ordinance passed by a vote of 8. to 0. ORDINANCE 3922 APPEARS ON PAGE OF ORDINANCE BOOK OTHER BUSINESS .r ENVIRONMENTAL CONCERN Fran Alexander stated because of the drought, many trees in the city are dropping leaves. The trees are not dead. They are conserving food sources. Alexander also expressed concern about trees located near streets under construction or repair. She stated the root systems of the trees are severely disturbed and should be watered and cared for. NOISE ORDINANCE City Attorney Rose distributed two new versions of the noise ordinance. 377 September 5, 1995 Alderman Schaper requested that the Council review the information and suggested the noise ordinance be placed on the September 19 Council agenda. SQUARE GARDENS Alderman Williams expressed his appreciation for the work Susan Farrell has done on the square gardens. He stated the square gardens look better than ever. RACIAL INCIDENT Alderman Parker stated there was an ugly story in the newspaper about an alleged incident of racial prejudice. It is ironic that it coincided with the 50th anniversary of the end of World War II. We cannot ask individuals to pay the ultimate price in preservation of our freedom and then judge individuals of different races based on the color of their skin. Parker expressed his desire that the incident, if it is found to be true, be dealt with in a way to show that Fayetteville is not a place where that kind of conduct can go on. LETTER FROM PHYLLIS JOHNSON Alderman Schaper stated each alderman should have received a letter from the Phyllis Johnson, the Chair of the Planning Commission. Schaper asked when the Council would address the letter. Mayor Hanna suggested the letter be discussed at the next City Council Agenda Session. ADJOURNMENT The meeting was adjourned at 7:30 p.m.