Loading...
HomeMy WebLinkAbout1995-12-05 Minutes531 MINUTES OF A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, December 5, 1995, at 5:00 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 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. GENERAL PLAN 2020: A resolution approving the General Plan 2020 as the document to establish general policies for guiding growth and development of Fayetteville; and providing for amendment and major revision of the General Plan. Mayor Hanna directed the Council's attention to suggested changes made by certain aldermen. He began the discussion by asking Alderman Young to address his proposed changes. Alderman Young stated the changes he proposed are basically housekeeping items. One is to remove the date of the tree preservation plan, in case a new one is adopted. Alderman Parker stated his proposed changes pertain to protecting areas of significant flood plains, hillsides, and trees. The plan does not specify what these are and his proposal gives examples of ways to carry out the aim of the plan. Before explaining his proposed changes, Alderman Schaper asked staff if the sections in italics under Implementation Strategies and Guiding Policies were intended to be explanatory or part of the intent of the plan. Alett Little, City Planning Director, stated that the parts in bold italics included under Goals and Implementation Strategies explain the progress the City has made or the direction taken in the past. 532 December 5.; 1995 Alderman Schaper said he found the .italicized parts very useful in clarifying the strategy. He explained that he wanted to be sure that when this is adopted these sections do have equal weight and are part of the document Planning Director Little stated the implementation strategies in italics are those that have already received the most weight. Alderman Young stated he had asked the same question of Little. He asked for the record to show that both sections do apply to the 2020 Plan, if the Council approves it. Alderman Schaper agreed with this and stated he did have some. specific changes to go over". Referring to page 70, where,*it encourages residential uses in appropriate specified mixed=use areas, he wished to strike "nonregulatory" because we may in the future want to have some kind of regulatory strategy and would not want to tie the City's hands before the fact. Referring to page 73, 6.4.e; he stated there had been a'lot .of citizen comment during the hearings -on this asking why'we would'f want to introduce a new commercial area at Cato Springs Road and "` the Bypass. There is ample land .allocated in the city for commercial development and no new commercial areas need to be opened up. Alderman Schaper. would like -to strike all references to another commercial center at the intersection of Cato. Springs Road and the Bypass. These commercial centers start to turn into commercial strips very quickly, the last thing we want to see. In response to a question from Alderman Young, Schaper stated he would like to see a parkway here with non -frontage development, some zoned residential, some zoned mixed use. In answer to a -question from Mayor Hanna, Schaper stated the map. showed regional commercial and he proposed the upper part to be mixed use and the remainder to be residential, as the surrounding quadrants are. Mayor Hanna called attention to the map and the fact that the Greenland city limits come. up almost'. to the interchange' so we are inviting commercial development inside Greenland's city limits, in plain sight of that interchange. We May not -have any control over that but it is something to.be•looked at closely. If there is a demand for commercial development and we do not have any way to consider it for Fayetteville, it could move -south and develop in Greenland and we would have no control over it. Alderman Schaper stated we have a .commercial use at the function of the`area that is mixed use, which need to take virgin territory and commercial. lot of 'land allocated for 62 and the Bypass as well as could be commercial. We do not - allocate it for yet more 533 December 5, 1995 Alderman Young remarked that Schaper is asking people to build and live right next to an interstate. Alderman Williams proposed extending the overlay district and the requirements put there into this area, which has an entry into Fayetteville that we need to make as beautiful as possible. It is likely this will be a prime commercial area which should be controlled. He shared Alderman Young's concern about whether or not this is prime residential area. Alderman Parker stated that considerations pertaining to Razorback Road also apply to such places as 265. Actions taken now could have a big effect on the way it looks five years from now. Alderman Miller noted that the Council has been talking about applying the overlay district to other areas for about a year and a half and wondered when it will be done. He asked City Attorney Jerry Rose about the status of the overlay district lawsuit. Rose responded that we were scheduled for trial in August but the trial was continued on assertions from the petitioners that they were preparing a class action lawsuit. They have now asked for class certification; and he has asked them for a more definite statement of what was included in the class, because we excluded and exempted a large number of properties in the overlay district. As to the chances of winning the lawsuit, he could not respond with certainty but believes we have a good legal position. In response to a question from Alderman Miller, Rose suggested that the reasons for the overlay district around the Bypass were specific to the Bypass and counseled the Council to be careful to tailor their reasons for an overlay district to the particular area in question. As to whether or not it would hinder the lawsuit, he guessed that if the Council tacks this on to the overlay district, it would increase the class and they would likely ask to add this portion to the lawsuit. But if talking about Razorback Road specifically, he did not feel it would have any great effect on the lawsuit. However, going out 265 opens up a whole new can of folks, not necessarily an extension of this lawsuit, but a whole different one. In response to a question from Alderman Young, Rose stated that by the fall of 1996 we could have a judgement from the lower court and be on with an appeal. • • 534 December 5, 1995 Alderman Schaper continued with his suggested changes... He proposed a wording change ori page 75, 6.6.a, Historic Downtown Commercial. The phrase was "after hours entertainment businesses"; he suggested strikingthe words "after hours", not knowing what after hours meant. When it was explained that this meant after business hours and dealt with parking, he withdrew his proposed changed. Alett Little's suggestion that the word "evening" could be substituted for "after" met with approval and it was also suggested the word "entertainment" could be left out entirely. Alderman Schaper continued with his suggested changes. 6.6.d refers to how General Plan 2020 willpropose a new district and as'this is the General Plan 2020, that wording should be struck. A new district will come out of the new unified development ordinance next year. Referring to page 107, he pointed out that in the paragraph after the. bullet list it refers to two historic districts when in fact we noW have three. The Wilson Park District was not included in the list. • Alderman Miller asked if there would be some regulation to keep this unspoiled. - Alderman Schaper stated this is a separate issue, a local ordinance district for historic districts done in conjunction with property owners, that needs to be looked at. He hopes people. will realize this is not just regulation, but rather protection for the character of these neighborhoods. Alderman Williams expressed his concern that this is exclusively residential in nature yet this area extends to College Avenue where there are commercial buildings. He suggested the wording might be changed to "primarily residential." Tim Conklin, Associate Planner, stated the area does not extend all the way to College Avenue. Alderman Schaper explained that his other suggested changes are map changes. 'The first one'is where the; Bypass turns into 71 going north and appears carved out of a mixed-usearea and is designated as regional commercial, which he felt should be mixed' use. The second change is on Cato Springs Road. The third:one is out Wedington and is a large area devoted to communityY commercial. Alderman Schaper reviewed the chart that was handed out at this meeting, the number chart that would replace 4.8. The changes- clarify the overall intent and show that there" -Will stillLbe undeveloped land in this city for the next 25 years..- • v 535 December 5, 1995 Mayor Hanna opened the meeting to public comment concerning the 2020 Plan. Lona Benedict, a resident of Fayetteville, commended the City for its hard work on this project. She first asked if the italicized portion of the plan will be adopted as part of the plan. Her second major concern was the overdevelopment of certain areas, such as where Skull and Mud creeks come together. She asked if the recent commercial rezoning of 300 acres allows the City to maintain its status with FEMA and the national flood insurance program, which is a stated goal on page 82. Thirdly, she asked if members of the community understand that there is only one residential land use classification, page 69. She asked if spots in a neighborhood could be changed to apartments, offices, or neighborhood commercial, page 77. Finally, she stated that any plan depends on the fairness and impartiality of boards, commissions, and the staff administering it. Too much attention to profit and political partisanship may subvert efforts to enhance Fayetteville. Alett Little responded to Ms. Benedict's questions. She stated the italicized portion of the document goes into the policy. In answer to the other questions, she stated the policy itself does not set the operating standard for the City. It has to be implemented by regulation. Our flood plain ordinance is already: in place and additional regulations will have to be put into place. The Plan sets out the policy, but the ordinances are the legal documents that enforce it. The Plan will be adopted as a resolution, not an ordinance. Alderman Williams stated that the residential zonings are not being changed. It was too complicated to include all the zonings on the map, which is why the map shows only residential. People can come before the Planning Commission and the City Council to ask for a rezoning. This document would be looked at and also the neighbors' concerns. Residential rezonings would not change for people living in established neighborhoods. Mayor Hanna stated the 2020 Plan is a general plan. It is not an ordinance. The Council and Planning Commission will use it as a basis to make their decisions. In response to a question from Alisa Corke, in the audience, Mayor Hanna stated he was going to suggest that after the public hearing it would be appropriate to vote on the Plan, but it was up to the Council as to whether or not they would vote now. 4 December 5, 1995 Ms. Corke stated her concern was about Alderman Schaper..'s changes' regarding the Cato Springs area. She did not want to see a fast decision made concerning this. It is her understanding that Razorback Road would become a main entrance to the University. She did not want to see a potential source of income for the City through commercial development be squashed without more attention. There is the possibility of a huge influx of people going to sporting events at the University and this could be a substantial income generating investment area. - In response to a question from Alderman Schaper, Ms. Corke stated she does not own land in that area. Aldermen Williams and Bassett stated their support for commercial development in this area. Alderman Bassett did not favor voting at this time but hoped to do so at the next meeting. Alderman Parker stated that since the public hasnot had time to review the changes this was not the time to vote. Mark Sugg, a native of Fayetteville, spoke regarding the 300 acre rezoning by the Mall. Mentioning that the 2020:Pian talks about the'village.concept, he hoped the City follows that concept. No matter..wha.t-is'noted on the map, the .economy dictates what:is appropriate and all the Council can do is control what it±looks like, which is done with overlay districts. Overlay districts at ,,entrances are important and should not be shied away from for fear of lawsuits. Every mayor intersection like 265 and 45 should have its own overlay district. We have diverse topography .and, a:diverse population who may need to write the overlay distridt'for their particular neighborhoods.. People. do care what outside rooms look like. It is' time to pass this resolution and get on to the ordinances and overlays and things that have teeth to protect what we have before it is all gone. In response to a question from Louise Schaper, Alett Little stated that citizen comments concerning the plan were listed in the appendix. It was first the staff's decision whether or not to include a suggestion or comment. The Council and Planning Commission also had opportunity to include or not include certain information. Little could not give a percentage of citizens' comments included in the document; especially as many comments were not pertinent to the work of the document. Louise Schaper noted that the next Council meeting was right before Christmas which may not be a good time for citizen turnout with comments. She suggested waiting'uritil'af'ter Christmas. Alderman Schaper encouraged the Council to review the list of public comments. 9 537 December 5, 1995 Alderman Parker suggested making the next meeting the deadline for all changes and voting at the first meeting in January. It was agreed to decide this at the next agenda meeting. Mayor Hanna closed the public hearing. Alderman Hill left the meeting at this time. Before leaving, he asked the Council to delay action on the change order for Razorback Road utility relocations, which appeared later on the agenda, until more information could be provided to the Council. B. Item B was removed from the agenda at the Agenda Session. C. PROCEDURE FOR ELECTING ALDERMEN: An ordinance authorizing and providing that candidates for alderman, position one, in any ward, shall be elected citywide; and that candidates for alderman, position 2, in any ward, shall be elected by the qualified electors of the ward only. Mayor Hanna stated the ordinance was left on its first reading at the November 21 Council meeting. City Attorney Jerry Rose read the ordinance for the second time. Alderman Bassett explained he would like to clarify some misconceptions regarding the ordinance. He stated one was the perception that if this passed there would not be two aldermen from each ward, which is not the case. There would still be two; aldermen from each of the four wards. Another misconception is that people would not have the money to run a citywide race. He has looked at the citywide campaign reports from 1992 and compared them to the 1994 ward only reports and found little difference in them. He also pointed out that there are lots of opportunities for open forums, the newspaper disseminates information, and public access television is free. He believes this is a false issue. Lastly, in his judgement this ordinance would give every voter the opportunity to vote for five of their elected representatives instead of just two. Once we go to four- year terms it becomes even more important to have this chance. City Attorney Jerry Rose confirmed for Alderman Young that candidates running at large must live in the ward they represent. Alderman Parker stated that in his opinion this method would remove the little guy's ability to run a door-to-door campaign and a grass -root organization's opportunity to have the effect they did in the last election. It quadruples the effect of newspaper advertising and high -dollar things the well -supported candidates have. He explained he had received many comments from the public on the issue. They have been uniformly against this and it has been characterized by many as a step backwards into the bad old days. Representatives that are responsive to the December '5;: 1995 city at large have less ties to the specific area they.ivould . represent: ' Alderman Miller stated he has mixed feelings about this:as he has .personally run in both types of elections; spending approximately the same amount and winning' by a greater margin in the citywide election. He has had public comment asking him to not support this and hopes to hear more from the -public as he is fairly neutral at this time. Alderman Daniel stated she is not in favor of this procedure becausecampaigning familiarized her with her ward in a Way that would be impossible on a citywide scale. Alderman Williams stated he was in favor of this even before his election, but the comments he has received from'constituents have all been against this and he feels it is their call not his. Alderman Young stated that opening up the wards is the same thing as having the entire United States voting for our congressman. Alderman Schaper supported Alderman Young's point. His mail has also been running against this. He:has pondered this andsis against it. In response to a question from Alderman Bassett; City'At'torneY1 Rose stated this could be put on .-the ballot if the voters•chose.a to do so. .i` Mayor Hanna asked for comments from the audience. Matt Therrell, Ward 1, stated he is totally against the idea. In response to questions from Louiee Schaper, Alderman Bassett stated that it gives every vbter'in Fayetteville more say in his or her city government especially when -there are four-year terms, and does not destroy'the ward system. He feels Strongly that the mayor -council form of government is working now but he is looking ahead to the fixture-. Louise Schaper stated that a main concern offrhers was that one. ward could affect the outcome bf the representatioxrin:another ward Parker stated that having citywide election of aldermen increases the power of special interest --groups. Mayor Hanna stated this ordinance will be -on its final reading at the next Council meeting'' December 5, 1995 CONSENT AGENDA 539 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 November 21, regular City Council meeting. B. A resolution approving the extension of the contract with Community Access Television for the operation of the public access channel through December 31, 1996. RESOLUTION 145-95 AS RECORDED IN THE CITY CLERK'S OFFICE. Young, seconded by Parker, made a motion to approve the consent agenda. Upon roll call, the motion passed by a vote of 7 to 1, with Miller abstaining. 1996 BUDGET Mayor Hanna introduced consideration of a resolution adopting the 1996 City of Fayetteville Annual Budget and Work Program. He stated there will not be a vote on this at this time but asked for public comments. Ben Mayes, Administrative Services Director, pointed out that after the next agenda session there will be time set aside for public input and to answer questions from the Council and City staff. Another meeting could also be scheduled, and there will be more opportunity for questions and answers at the next Council meeting. The Mayor stated that copies of the budget are available in his office, the City Clerk's office, the library, and at the Chamber of Commerce. Alderman Williams stated his concern over comments City Attorney Rose has made in the newspaper regarding the HMR tax and the Walker Park Senior Citizen Center. There is some question as to whether or not the HMR tax can be used for the Center. City Attorney Rose stated that well prior to the election, Dale Clark, Parks Director, asked for his opinion about whether or not there would be any legal risks involved in using the HMR for a senior citizens center. Rose responded well prior to the election by memo stating there appeared to be some degree of legal risk involved in using the park penny for items not traditionally thought of as part of a parks and recreation program. • December. 5;!.1995 Alderman Williams stated he would like the budget to reflect the funding promised the voters for this project. He is strongly behind funding the -Center. ...Kevin/Crosson, Public Works Director; responded that he,would pass those concerns on to -the advisory board. It -was an advisory -board -driven issue. They got the tax passed and they canaddress this question.: • Alderman Williams stated that the City spends a lot of money beyond the HMR. If there, is a problem using the HMR money, the City should allocate other money for this Ben Mayes stated that the City has budgeted $250,000 to be spent next year on park capital projects Alderman Parker directed an unrelated comment to Steve Ward of the -Chamber of Commerce. When the cost of services bill was passed part of the input was provided by the contractors- committee of the Chamber of Commerce. Now he would like to inform them that the additional amount raised was approximately $122,000. The contractors committee had asked for one thing above all else and that was to have.some of this money funnelled back into the departments through.which they do-..business'.with the City, so they would see an increasevin the quality of the' services-.: The City staff has come -'up with. approximately. $204;.00O. The costs increase was'$122,000., but the increase for additional people is $204,000. OTHER BUSINESS CHANGE ORDER - RAZORBACK ROAD UTILITY RELOCATIONS Mayor Hanna introduced a resolution approving change order #2 for Razorback Road utility relocations. Mayor Hanna stated Alderman Hill was concerned about this issue. The staff spent a good portion of the day working on the change--._ order. The total of the claims for the extra arid added work, is i $76,538.67. Public Works Director Kevin Crosson stated the change order iv in relation to the water and sewer relocations in conjunction with' the Razorback Road construction project. The staff.hasrbeen negotiating.wi•th the contractor; Basic Construction cfor.quite some time. The process has beencompiicated. There'have been a" number of problems in this water and sewer relocation project. Service lines and transmission lines'that were, not shown.anywhere on the utility maps were being uncovered: The majority'of the claim is related to repairing the breaks and related work to the breaks. Crosson pointed out that City Engineer Don Bunn, Assistant Public Works Director Charlie Venable, and Mr. Combs 541 December 5, 1995 with Basic Construction were present to answer any questions. Crosson stated the memo presented to the Council outlines the specifics on each item. Crosson apologized to the Council for the late submission. In answer to a question from Alderman Daniel, Crosson stated the lines that were uncovered were not included on the utility map. They may be 20 to 40 years old. This happens on many projects but not to the extent it did on this project. It was a difficult construction area. Alderman Schaper asked if there was an urgency to pass the change order at this meeting. Crosson stated the City has been working with Mr. Combs for about a month. Mr. Combs wanted it to be presented tonight. Alderman Schaper explained that he shared Alderman Hill's concern about being presented with items right before a meeting. Alderman Schaper stated some cases are complex and there is no time to digest them. Alderman Schaper suggested that, unless it is an emergency, the item be postponed until the next meeting. Mayor Hanna stated Mr. Combs had the understanding that the change order would be submitted to the Council at the last meeting. The staff did not get the item on the agenda because they could not verify all of the bills that were added to the change order. Mr. Combs was not aware of the delay. The job has been finished and Mr. Combs has been waiting for payment. Mayor Hanna suggested the Council go ahead and ask questions about the charges in the change order. In answer to a question from Alderman Schaper, Crosson stated the work is completed. Mayor Hanna explained that there was some miscommunication. Alderman Parker questioned that Mr. Combs proceeded with the work with the approval of the City. Alderman Parker stated he had no reason to expect delayed payment since the City approved the work. Crosson stated that is correct. In answer to a question from Alderman Young, Crosson stated the Council will be voting on an amount of $76,538.67. Alderman Williams asked for an explanation of the $40,000 listed on the last page. 542 December -51.955 Crosson stated the $40.,000 is a detail>on the first change -:order. that was netted out. The last two pages are a detail of change`"` order #1. In answer to a question from Mayor Hanna, Crosson stated the change order as presented will satisfy Basic Construction's\.. request. There is a retainage of $3,500 which is a part of the original contract. That settles all of our claims. Mr. Combs nodded yes. Alderman Williams explained he would like to honor Alderman Hill's request that the item be postponed but; he stated; there' • has been enough substantiation to'show that the work has been done and the City oweS for it: •- • Williams, seconded by Daniel, made a motion to award the change order. Alderman Parker stated, in response to Alderman Hill's request, the City asked Mr. Combs to do the work'. The City cannot very well turn around and withhold payment. Mayor Hanna explained that the:staff had negotiated. -quite -"a -bit. Crosson stated there is also a budget adjustment -with this•item- that needs Council approval. Williams stated he would include the budget adjustment in -his motion: Alderman'Daniel seconded. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 146-95 AS RECORDED IN THE CITY CLERK'S OFFICE: CONSERVATION EASEMENT DAVID LYLE VILLAGE Mayor Hanna stated that Alderman Parker had a concern to bring before the Council. Alderman Parker stated that when the City approved David Lyle Villageon.Highway 16E, one of the items:approved was the donation of a conservation easement on the part of Fadil Bayyari. One thing often included in conservation easements is the ability to use the land for agricultural purposes:Itis also often allowed whoever is developing that•area•to"build such structures as necessary to house equipment. Unless the Council expresses otherwise, these are likely to' appear in -the easement. If the Council feels this is not within what was originally intended; he needs to be informed. 4 December 5, 1995 543 Alett Little stated she believes there is a bill of assurance limiting the number of housing units. Alderman Williams stated his feeling was that there would be no buildings built on that easement. He thought it would be open space with maybe fences but nothing else. Alderman Parker asked everyone on the Council to consider these ideas and get back to him at the next agenda session. Alderman Schaper stated he would like to hear from a representative of the land trust as to what the precedent is for this. Alderman Parker said it is usual for them to incorporate existing structures or the building of structures to allow agricultural use of the land. In response to a question from the Mayor, Alderman Parker said he would like this to be an agenda item at the next agenda session. Alderman Parker announced that as a tribute to his late Great Uncle Ray Adams he would like to plant trees along new roads as areas are developed. Alderman Schaper is working on something similar to this, and Alderman Parker is mentioning it now to avoid any duplication of effort and to say he is open to working with others who have an interest in this. DANIEL & MILLER - TRIP TO THE DOMINICAN REPUBLIC Mayor Hanna acknowledged Aldermen Miller and Daniel's recent return from the Dominican Republic. Alderman Daniel will give a Sister City report on this at the next meeting. ENVIRONMENTAL RESOURCES - DEFINITION Fran Alexander, citizen from the audience, apologized for being late to the meeting but wanted to accept the challenge put forth by Charles Venable to write a definition of the term "environmental resources" for the 2020 Plan. She read her definition and distributed copies of this to the Council. The meeting adjourned at 7:00 p.