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HomeMy WebLinkAbout1995-12-19 Minutes545 MINUTES OF A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, December 19, 1995, at 6:30 p.m., in the Council Room of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. PRESENT: Mayor Fred Hanna; Aldermen Stephen Miller, Kit Williams, Cyrus Young, Woody Bassett, Steve Parker, Len Schaper, and Heather Daniel; City Attorney Jerry Rose; City Clerk/Treasurer Traci Paul; members of staff, press, and audience. ABSENT: Alderman Jimmy Hill CALL TO ORDER Mayor Hanna called the meeting to order with seven aldermen present. NOMINATING COMMITTEE REPORT Alderman Daniel, seconded by Parker, made a motion to appoint Donald Lyall to the Airport Board; Bill Ackerman, Johnny James, Bill Waite, and John McCutcheon to the Parks and Recreation Advisory Board; Sandra Reynolds to the Square Gardens Committee; and Donna Geller, Wilnita Holland, Marian Catron, and Michael Pehosh to the Tree and Landscape Advisory Committee. Upon roll call, the motion passed by a vote of 7 to 0. SISTER CITY REPORT Mayor Hanna recognized Aldermen Daniel and Miller for taking a trip to the Dominican Republic. Alderman Daniel presented and read a resolution which officially recognizes Fayetteville as the sister city of Santiago. Alderman Daniel explained that the whole title of the city of Santiago means Santiago of the noblemen. She stated it took about two years to find a sister city. The national office in Alexandria, Virginia helped make the connection with Santiago who was also looking for a sister city. A delegation from Santiago visited Fayetteville in June. Alderman Daniel explained that she, Alderman Miller, Dr. and Mrs. James Horton from the U of A, and Northwest Arkansas Times reporter Scott Flanigan went to visit Santiago on November 27. She stated during their visit, the group was treated royally. One of the gifts sent back to Fayetteville with the delegation was a piece of amber. Alderman Miller explained that the Dominicans where very gracious. He stated there was a reception on the first night. He explained that the delegation was in the newspaper almost December 19,• 1995 every day, even making the front.page:on•one-occasion. Alderman Miller shared various facts about Santiago and told of some;of.i his experiences while in Santiago. pa. - r Alderman Miller presented Mayor Hanna with a gift from Santiago. 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 stated this item was discussed at the agenda session. Changes have been proposed -by Aldermen Young, Parker, and Schaper. The changes proposed by Aldermen Young and Parker were accepted. The Council was in agreement 'on several changes. that Alderman Schaper presented..' The only:one left for discussion was the recommendation for the land at the Cato Springs exit. Alderman Schaper pointed out -some aerial photos which had been distributed. Alderman Schaper stated a major road does not imply that you have to have commercial development. There are some -existing=residential area along the bypass. `Associate Planner Tim Conklin reviewed the locations shown in the .aerial photos. Alderman Schaper stated there is already more than enough land designated commercial. Some commercial areas need redeveloped. Alderman Schaper made a motion that the commercial'designation of land in theareaby Cato Springs Road and the Bypass be removed. Alderman Miller suggested having mixed use against the highway and residential behind it. Alderman Schaper stated mixed use areas tend to.become - commercial. Commercial needs can be met at the Highway 62 intersection. If someone comes to'the City -with a nice development plan, the designation can. be changed. Changing the designation now without any development plan opens things up tip any commercial development. Alderman Miller seconded the motion. 547 December 19, 1995 Alderman Williams stated there are some residential areas that are close to the bypass. There are commercial areas at the intersections of highways. The use of the land should be mixed use or commercial. The Council should not deny people who own the land at the first entrance into Fayetteville a potential commercial site. It is not improper to have some commercial businesses at the first exit into Fayetteville. It can be controlled to make it look nice. In answer to a question from Alderman Schaper, Associate Planner Tim Conklin stated there were approximately five comments from the public hearing regarding the issue. The general comment was that they questioned having a regional commercial designation on the north and south side of the bypass. There were two comments that the commercial area should be to the north. The map was revised from the first draft to locate it all to the north. Alderman Bassett stated public comment should be taken into consideration. He explained that he had received some phone calls from citizens supporting a commercial designation. He reminded the Council that not all citizens are going to attend meetings to give their comments. Alderman Williams explained that after rereading the comments section, he found the comments were not saying it was improper to have commercial at the main gateway into Fayetteville. Alderman Parker stated if we decree that it is mixed use, we are mainly getting commercial. Without commercial design standards, we cannot control the development. Until the design standards are in place, the Council should support Alderman Schaper's redesignation on the land use map. Alderman Williams stated a commercial design ordinance will be adopted before the highway is finished. The 2020 Plan is a long term plan. The Council should not have to go back and change the plan after a commercial design ordinance is done. Alderman Miller expressed concern about forcing residential development on the land. He suggested mixed use is the best choice. Alderman Daniel stated apartment groupings can also be ugly. Alderman Bassett stated the initial proposal from the Staff and the Planning Commission makes the most sense. Commercial or mixed will work fine. The Council should seriously consider additional commercial design standards. The Ordinance Review Committee is scheduled to meet on Thursday, January 4, 1996, at 4:30 p.m. • • 548 December 19, 1995 Alderman Young stated the majority of the highway looks to be. set up for residential and not. commercial. The intersection being; discussed looks to be only 20% commercial. That would leave 80% designated as residential. The commercial that is listed is not on the main 71 highway. It is over to the east. Based on the map, visitors to Fayetteville will see residential. Alderman Young expressed his support for a mixed use designation.. In answer to a question from Alderman Williams, Planning Director Alett Little stated mixed use can include industrial, commercial, office, or residential. Discussion ensued regarding industrial uses and the fact that they would be inappropriate for the area. Alderman Schaper stated he might support keeping the designation regional commercial to avoid the development of possible industrial uses which would be allowed with a mixed use designation. The Overlay District gives some protection and commercial design standards will help. Ms. Little stated the portion that is being discussed is subject to the Overlay District. Residential zones are not regulated by the Overlay District. Alderman Schaper withdrew. his motion that the commercial designation of land in the area by Cato Springs Road and the Bypass by removed. Alderman Miller withdrew his second. Mayor Hanna opened the discussion to members of the audience. Mark Sugg stated citizens have a right and obligation to dictate how their property looks. The 2020 Plan is a start to define the character. of Fayetteville. Overlay Districts are very important. Many of the .corporations who develop in Fayetteville are not around to look at their developments. This area may be one of. the easiest places in the United States to develop. Local people are less likely to build buildings that are not in the character and the spirit of Fayetteville. Sugg explained that some areas in town have been developed in the character of Fayetteville and some have not. People are afraid to have commercial developments in their neighborhoods because they are afraid of how they will look. Parking landscaping is.a start but trees cannot hide-ba'd`" buildings. The 2020 Plan is a working document and can be revised in time with overlay districts and design standards. Sugg expressed support for laws and ordinances that control the appearance of developments. Alderman Parker expressed his support pport for commercial desigh. standards. 549 December 19, 1995 Dick Pool explained that he is against an ugly Fayetteville. He stated he owned the property that was being discussed by the Council. Pool asked what the term 'Hillside' meant and what he would be allowed to do with his property. Pool expressed concern about the construction of the highway near his property. Ms. Little stated the term 'Hillside' simply reflects the contours of the land as they exist. There is no Hillside Zone. Ms. Little and Mr. Pool discussed the Land Use Plan Map. Ms. Little stated, in an earlier version, the Hillside designation was taken off the contour maps that show that there is a hill there. It is an environmental considerations that is used in placing roads and buildings. It has been removed from the final version. In answer to a question from Mr. Pool regarding the construction of the highway, Public Works Director Kevin Crosson stated the Highway Department is constructing the road. • The Land Use Plan is a reflection of the uses of the land which we expect to see within the next 20 years. Highways being constructed and existing hills need to be taken into consideration. Alderman Williams stated the Highway Department will have to pay for any way they have damaged Mr. Pool's land. In answer to a question from Mr. Pool, Ms. Little stated there were no zoning changes with the Land Use Plan. In the future when rezoning requests are submitted, the Land Use Plan will be used as a guide. Larry Dowell stated he owned property on Cato Springs Road and explained he was speaking for himself and at least five property owners in the area that feel like commercial is the highest and best use of the property. Al Martin expressed concern about the way the City has ordained the land in Fayetteville. He stated one third of all the property has been designated Hillside. The property owners do not know how their land is to be used. Alderman Schaper stated the Hillside designation has been removed from the Plan. In answer to a question from Mr. Martin, Alderman Parker stated the zoning stays as it was previously. The Plan just shows how we expect areas to grow. Hillside just reflects the fact that Fayetteville was initially built on seven hills. The whole city is a series of hillsides. 4 550 December 19, 1995 Mr. Martin asked for confirmation that it would be in writing that the zoning of everythingthat. is classified as a hillside... would remain as it was in the zones that were there previously. Mr. Little stated yes. The zoning has notbeen changed. We only recognized to topography of the area. Ms. Little read a section from the Plan that stated, "of the 59,249 acres within the city and its planning area, some 15% or 8,900 acres has slopes of 15% or greater. These slopes remain largely unused because they are to severe for most types of development". 4 t , , f 1- Mr. Martin stated the City is making a determination"that land is largely unused because of the slope of the land. That is not ai fair determination to use. Ms. Little stated there are factors that relate to There are City regulations already in place that a the maximum slope we will accept for a street. At street must be constructed out of concrete. There limitations to development on hillsides. Alderman Williams stated a floodplain ordinance was recently passed. The ordinance restricts the kind of development that could be in floodplains to fewer lots than normal. Hillsides are similar to floodplains in that they provide a real problem in development, especially people down the hill. The City plans to'. address hillsides and adopt more restrictive development criteria for hillsides than what we have on a flat plain of land. - Ms. Little explained that the City -does intend to develop a hillside management protection ordinance. There will be public hearings in the future. usability. 12% slope: is that paint a` are Mr. Martin explained that he wanted to make sure that the citizens are going to be protected on the properties that are designated as Hillside. Alderman Parker, seconded by Miller, made a motion to adopt the General Plan 2020. City Attorney Rose read the resolution which adopts the 2020 Plan. Alderman everyone Planning Bassett expressed his appreciation to the staff and involved in the process. Alderman Bassett commended Director Alett Little and her staff. Alderman Daniel expressed her appreciation for the hardwork by the Planning Department and the other aldermen. Alderman Parker expressed his appreciation for the work done by the aldermen who had served on the previous Council. 551 December 19, 1995 Alderman Young stated he would also like to thank the Planning Department. Alderman Young also thanked City Clerk Traci Paul for the good job on the minutes from the last meeting. Alderman Young wanted to reiterate that the italicized words in the Plan have the same standing as all the other wording. He requested that the Planning Office keep copies of the 2010 Plan. Alderman Schaper thanked Alett Little and Tim Conklin. This Plan is a creature of the success of Fayetteville. This Plan will accommodate the kind of growth that is expected in Fayetteville. Upon roll call the motion passed by a vote of 7 to 0. RESOLUTION 147-95 AS RECORDED IN THE CITY CLERK'S OFFICE. B. 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 second reading at the December 5 Council meeting. City Attorney Jerry Rose read the ordinance for the third time. Aldermen Miller, Daniel, Young, Parker, and Schaper, each explained that the input they had received from citizens was not favorable. Alderman Williams added that the current system seems to be working well. Alderman Bassett stated this is an issue in which there is plenty of room for debate. He explained he received positive input from citizens. Alderman Bassett stated he presented this ordinance to the Council because he believes the citizens in Fayetteville should have the right to vote for five or their eight elected representatives especially since we are about to go to four year terms. This was not an effort to go against the Friends For Fayetteville. It was not an effort to make it more difficult for some council members to get reelected. Alderman Bassett expressed his support for the Mayor - Council form of government and the ward system. Upon roll call, the ordinance was defeated by a vote of 1 to 6, with Aldermen Parker, Schaper, Daniel, Miller, Williams, and Young voting no. December 19, 1995 C. 1996 BUDGET: A resolution adopting the 1996 City of Fayetteville Annual Budget and Work Program. Budget Coordinator Steve Davis stated the 1996 Budget was presented to the CounciLand to the public on November 28. At that meeting, staff presented the Mayor's proposed budget which contained approximately $64.7 million dollars in total expenditures for 18 funds covering all City operations.. All the funds were presented with a balanced budget. Staff reviewed the fund organization of the City; major operating funds of General, Street, Water and Sewer, Solid Waste, and Airport;proposed new personnel; and changes in the 1996 capital projects from the adopted 1996-2000 CIP. Subsequent meetings have been held to answer questions and take comments from, the Council and the public. The budget has been made available for public review at the Mayor's office, the City Clerk's office, the Fayetteville Public Library, and the Chamber of Commerce. The budget process .for 1996 began in July. Public input is taken throughout the process on services and specific input is taken at various meetings:^ The input from the staff and the public are incorporated into _the) t. proposed budget document and reviewed with the'Mayor.''After review with the Mayor, the proposed budget is assembled and presented to the Council and the public. During the Council review, additional personnel have been added, for Police, Fire, and Inspections and two capital projects'havet been added, a tree planting program and the extension of -Cliff' Blvd. The City currently uses 18separate funds to report revenues and, expenditures. Mr. Davis explained the two major fund types in governmental accounting, Governmental Funds and Proprietary and Fiduciary Funds. The 1996 budget, after $64.8 million dollars. that was adopted in No Council review, contains approximately This budget does not contain the HMR tax vember. Mr. Davis listed the amounts in the proposed budget by funds. There are 25 new full-time positions arid 3.7 part-time positions and increased funding for Parks summer workers and dispatchers. Davis explained the new positions and stated they were added to meet the growing demands for services city wide. Capital included in the 1996 budget is approximately.$13.1 million. Administrative Services Director Ben Mayes pointed out that representatives from several departments were present to answer questions. 553 December 19, 1995 Alderman Parker stated a citizen called and expressed concern than the Police Department would not buy bullet proof vests for Fayetteville police officers. Alderman Parker asked for confirmation that all Fayetteville police officers are issued a bullet proof vest at the time that they join the force. Rick Hoyt stated each officers has a bullet proof vest. Mayor Hanna requested that if any alderman has a problem with any portion of the budget that they make a motion to remove it so the rest of the budget can be approved at this meeting. In answer to a question from Alderman Williams, Mayes stated the requests made by Alderman Williams and Alderman Schaper have been included. Alderman Daniel expressed concern about a Solid Waste issue. She explained that she had not received some information that she had requested about some equipment. Public Works Director Kevin Crosson stated each containerized recycling vehicle costs approximately $150,000. Alderman Daniel asked if it would be another year before this equipment could be purchased. In answer to a question from Alderman Daniel, Crosson stated the Council can approve budget adjustments throughout the year. In response to a comment from Alderman Daniel regarding a recent glass problem, Mayor Hanna stated the City has met with officials from Fulton Sanitation. They had a change in management in late October and they did not follow the contract specifications. They have corrected the problem and have assured the City that they will honor the contract in the future. Mr. Crosson stated the City is committed to keeping a close eye on this process. A more detailed presentation will be given at the Environmental Concerns Committee meeting in January. Alderman Williams thanked the staff for their work on the budget. Williams, seconded by Young, made a motion to adopt the budget. Alderman Schaper explained that he still has an objection cost sharing with the Cliffs. He expressed concern about arches that mark the street going through the Cliffs. He he did not want to hold up the budget. The Council needs some standards for subdivisions or apartment complexes as kind of markings would be acceptable. Alderman Young agreed. to the the stated to set to what December 19; 1995 Alderman Williams stated that should be something that the _ Planning Commission has to approve. Mayor Hanna stated they are adding the issue to the review process. Designs for entrances will be submitted along with the designs for the streets. Alderman Schaper suggested the staff prepare what they think would be reasonable guidelines. The guideline should be reviewed and approved by the Council. Ms. Little stated the task sounds tremendously difficult but it is something the staff can work on. Alderman Schaper stated there is still no street sign posted to mark as a regular city street. With the agreement that the staff would prepare a set of standards, Alderman Schaper withdrew his objection. Mayor Hanna asked for any public comment on the budget. There was none. Upon roll call, the motion passed by a vote of 7 to 0. RESOLUTION 148-95 AS RECORDED IN THE CITY CLERK'S OFFICE. CONSERVATION EASEMENT: A discussion of the uses allowed within the conservation easement in the David Lyle Village. Alderman Parker stated the Grant of Development Rights and Conservation Restrictions is a draft. .Some members of the Council asked if Mr. Galbraith, President of the Ozark Regional Land Trust, would come down and explain what was usual for a conservation easement. The proposed grant allows a single farmhouse to be built on the property retained in the conservation easement. Mr. Bayyari has requested to build a pond on the land. Greg Galbraith gave some brief facts about Ozark Regional Land Trust. Mr. Galbraith stated the conservation easement is a document which makes Ozark Regional Land Trust a partner in ownership of the land. The grant does restrict land owners but it is not intended to make it impossible to do useful activities with the land. Alderman Young asked if the provisions is the grantawhere written specifically for the property in the David Lyle Village. 555 December 19, 1995 Mr. Galbraith stated other conservation easements were used to create this easement. It has been modified to the State of Arkansas. We have tried to create a standard easement. Alderman Parker stated there is one particular feature in the easement that is not found in most other conservation easements. The developer requested that he be allowed to land a small aircraft on the property. In answer to a question from Alderman Young, Mr. Galbraith stated Silvicultural has to do with growing and harvesting trees. Mr. Galbraith stated the land should be maintained in some sort of agriculture or forestry. Mayor Hanna asked if a public park would be an appropriate use for the property in question. Mr. Galbraith stated the easement supports recreational activities such as ball fields and play grounds. Alderman Schaper stated when we try to balance what we can do to encourage land owners like Mr. Bayyari to do a conservation easement, we have to balance retaining some economic use of the land versus saying no development is permitted. Agriculture may be the best and highest use of the land in question. Alderman Schaper suggested keeping any planes at Drake Field. Alderman Parker stated the occasional landing of an aircraft is much less disturbing than operating farm equipment. To birds, a landing area is a big meadow. In answer to a question from Alderman Schaper, Mr. Bayyari explained he has been an aviator for a long time. He stated he might want to live on the land in the future and possibly have a private landing area. Alderman Schaper suggested allowing the landing of planes on the land as long as it is owned by Mr. Bayyari. Mr. Bayyari stated he did not support Alderman Schaper's suggestion. Mr. Bayyari stated there is only one item that requires the Council's permission. The soil in some areas of the land is four feet deep. The area that is being developed is very rocky. There is a need for top soil in this area. Mr. Bayyari stated he would like to haul top soil to the development area. It would be a way to recover the cost of not developing the land. Alderman Parker stated the reason Mr. Bayyari is bringing this issue up is because the easement forbids the removal of top soil from the land. Mr. Bayyari explained that he needs the top soil. 556 December 19, 1995 Ms. Little stated this area is zoned A-1, Agricultural..,,An., s' airstrip is not a use by right. It requires a Conditional*Usekin A-1. It could be granted. by the Planning Commission.''"It would not be presented to the Council. Ms. Little pointed out tothe= Y - Council that the use of the land as an airstrip was not ?' considered when the property was rezoned. In answer to a question from Alderman Williams, Ms.. Littletstated a conditional use is a zoning approval that runs with the i e'of the land. As long as it runs within that use category, the conditional use is approved. Alderman Williams expressed concern that poultry raising is not allowed but that there is no restriction of hog farms. Alderman Williams stated he was also concerned about the plural designation to the property owner's right to build barns, out buildings, and similar structures. Mr. Bayyari stated there will be no chicken houses or hog farms on the property. Mr. Bayyari stated he planned to build one house and one barn in addition to the existing barn. In answer to a question from Mr. Galbraith, Mr. Little stated the easement property is inside -the city limits. The property is zoned.A-1 and a single family home with out buildings needed for a farm would be allowed. Mr.; Galbraith explained that conservation easements generally allow farm residences. He stated a grass landing strip is not inappropriate. A hanger is more of an issue. The hanger is required to be a minimal size. Speaking to the soil issue, Mr. Galbraith stated there is a substantial amount of soil on the property. Some type of carefully managed use of top soil could be donewithout having any detrimental affect to the property. A waiver would have to be granted for this project to allow the use of'the topsoil. Ms.'Little stated the Council approved the zoning subject to a conservation easement. The City is not a party to the easement. The easement is between Mr. Bayyari and the Ozark Land Trust. Ms. Little questioned the. reason for any Council action. Alderman Parker stated this was presented to the Council because one of the Alderman asked why a farm house was being allowed on the property. Alderman Williams stated it is appropriate for the Council to be listening to this. The reason we voted to allow the -rezoning was because of the conservation easement. Without any input on the easement, we are giving someone a blank check. 557 December 19, 1995 Ms. Little compared a conservation easement to a bill of assurance. Bills of assurances are submitted before a decision is made. A conservation easement represents the same type of agreement that a bill of assurance would be. In response to a comment from Alderman Parker, Ms. Little stated the Council possibly should have looked at the conservation easement before the rezoning decision was made. Ms. Little explained that she was concerned that the Council was about to make a decision about something the City is not a party to. Alderman Schaper agreed that the easement should have been discussed in advance. In answer to a question from Mayor Hanna, City Attorney Jerry Rose stated the Council does not have any authority over the conservation easement. City Attorney Rose stated the Ozark Regional Land Trust has some responsibilities under the agreement as the land trust. Rose questioned that there is no signature line on the agreement and asked Mr. Galbraith if he formally accepts his responsibilities under the land trust. Mr. Galbraith stated the reason there is no signature is that it would represent more of a contract than an interest in the land. City Attorney Rose stated we take it on good faith that you will accept your responsibilities. City Attorney Rose asked if it was common to make another entity a third party beneficiary to the agreement. Mr. Galbraith stated the conservation easement statute enacted in the state of Arkansas specifically awards third party rights of enforcement. The City would receive the right be statute. In answer to a question from Alderman Williams regarding the bill of assurance submitted during the rezoning process limiting the number of units, Mr. Bayyari stated the number of units being developed is less than the number stated in the bill of assurance. In answer to a question from Alderman Miller, Alderman Parker explained a section in the agreement that prevents clear cuts. The Council took a five minute break. Alderman Parker left the meeting. • • • December 19,_1995 ITEM #5 - SEWER SYSTEM CONNECTION Mayor Hanna stated the petitioner on item #5 have asked .that .the Council table the issue. Williams, seconded by Miller, made a motion to table the item until the next meeting. Upon roll call, the motion.passed by a vote ..of 6 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 November 28, special City Council meeting and the December 5, regular City Council meeting. B. A resolution authorizing the Mayor and the City Clerk to execute a Quitclaim. Deed to Mrs. Maxine Drake whereby 345 square feet of Stubblefield Road right-of- way, acquired for the expansion of said road, will not be required and will be returned to her at her request and at the value the City paid for such land. RESOLUTION 149-95 AS RECORDED IN THE CITY CLERK'S C. A resolution transfers of bond trustee from General OFFICE. approving a budget adjustment recognizing excess debt service funds from the CEC to General Fundand designated CEC funds Fund to the A & P Fund. RESOLUTION 150-95 AS RECORDED IN THE CITY CLERK'S OFFICE.t--.. Schaper, seconded by Young, made a motion to approve the consent agenda. Upon roll call, the motion passed by a vote of 6'to0.T PARKING ORDINANCE AMENDMENT - .x Mayor Hanna introduced consideration of an ordinance amending, Chapter 160, Zoning, Section 160.117, Off -Street Parking of the Code of Fayetteville, to provide parking requirements for restaurants offering entertainment within the Zoning districts of Fayetteville. - City Attorney Rose read the ordinance for the first:time.- Mayor Hanna asked for public comments. r 559 December 19, 1995 Richard Shewmaker, 605 W. Dickson Street, stated his objection to the amendment was only directed to the Dickson Street area. There have been many exceptions given to allow developments to occur in the area. The area was built before planning and zoning existed in Fayetteville. It is very difficult for the area to conform to the rules as they currently exist. Mr. Shewmaker suggested that Dickson Street should have special consideration. Mr. Shewmaker stated it is very difficult to market Dickson Street. The amendment may be good for other parts of Fayetteville, but not the Dickson Street area. Mr. Shewmaker suggested the City condemn undesirable property in the Dickson Street area. In answer to a question from Alderman Daniel, Mr. Shewmaker stated there should be encouragement to have more activities in the Dickson Street area and an effort to get more people walking in the area. There are properties in the Dickson Street area that could be developed as parking, maybe even a parking deck in the future. Alderman Daniel stated she was not keen on more parking lots and parking decks are very expensive. Alderman Miller stated he agreed that Dickson Street should be the premiere entertainment area of Northwest Arkansas. The traffic on Dickson Street is a problem. The area can be developed for people or for cars. Dickson Street should be more people friendly. Mr. Shewmaker suggested the City loosen up on the parking requirements for the Dickson Street area. Alderman Schaper stated he agreed that the standards for parking on Dickson Street might be different than the standards for a business on a highway. A subcommittee of the Planning Commission is currently studying the parking requirements in the Dickson Street area. Ms. Little stated the parking ordinance is a new ordinance and this is the first time the City has allowed shared parking and it is the first time the City has the authority to charge if spaces are waived. The funds could be used to acquire lots and develop parking. In the past, waivers were granted and then the City took on the burden of providing parking lots in the area. The square and Dickson Street are treated differently in that they are located in the only two zoning districts in the city where the Planning Commission has the ability to consider waivers. There has been a history of waivers and there is an inventory of parking that can be furnished to the Council. The real issue is the changing of use. There is now less parking required for industrial areas. I 560 December 19; 1995 In answer to a question from Alderman Williams; Ms. Little stated the Planning Commission does not'have td: assess fees if they. determine there is adequate public parking within 600 feet of the site or if the applicant provides them with an agreement showing that they are sharing parking with another business. Mr. Shewmaker commented that the size of'parking spaces may need to be changed to an eight foot lane rather than a ninefoot lane. Mr. Shewmaker stated automobiles are not near as big as they used to be. Alderman Daniel stated the City has spent lots of money in the Dickson Street area. - In response to a comment from Mr. Shewmaker, Mr. Crosson stated the reason the Arts Center was located on Dickson Street was to help invigorate the area as a business district. The City has spent well over $10'million dollars in the area. Mayor Hanna stated the City agreed to furnish 500 parking spaces in -the area. They were not for theexclusive use of the Arts Center. Theywere for the Dickson Street area. Mayor -Hanna agreed that the concern should be in building the area up rather than on providing more parking. The ordinance was left on its first reading. OUTDOOR MUSIC CONDITIONAL USE ., Mayor Hanna introduced the consideration of an ordinance adding a definition and listing of facilities providing outdoor music, and. adding Section 160.100 to the Code of Fayetteville defining facilities providing outdoor music and making facilities providing outdoor music a conditional use in specific zoning districts subject to certain conditions.' City Attorney Rose read the ordinance forthe first time. The ordinance was left on its first reading. IMPROVEMENT DISTRICT Mayor'Hanna introduced consideration of an ordinance forming Fayetteville Municipal Property Owner's Improvement District *2 Zion Valley Estates Project. City Attorney Rose read the ordinance for the first time Alderman Young explained that the company he works for is involved in the project and stated he -would not participate in the discussion and would abstain on the vote. 561 December 19, 1995 In answer to a question from Alderman Williams, City Attorney Rose stated the last whereas clause says that if the governing body determines that all the owners of the real property to be located in the district have petitioned for the improvements, it shall then be your duty by ordinance to establish and lay off the district. Alderman Williams questioned the need for an emergency clause. Jim McCord stated under statute the petitioners are required to file an office within 30 days of the effective date of the ordinance. If the ordinance does not state an emergency clause, it does not become effective until 31 days from the date of publication which means the oaths of office cannot be filed and work cannot begin on the project for over four weeks. In answer to a question from Alderman Williams, Mr. McCord stated work could not begin on the project for four to five weeks without the emergency clause. Alderman Williams questioned the need for beginning the project so quickly. City Attorney Rose explained that the Council has the right to declare an emergency if they believe that it is so. 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 5-0-1, with Young abstaining. City Attorney Rose read the ordinance for the second time. Miller, seconded by Schaper, made a motion to further suspend the rules and place to ordinance on its third and final reading. Alderman Williams questioned that the motion to place the ordinance on its second reading may not have passed. There were only five yes votes and one abstention. In answer to a question from Alderman Williams, City Attorney Rose stated it does require six votes. Mr. McCord reminded the Council that an abstention is counted with the majority. Upon roll call, the motion passed by a vote of 5-0-1, with Young abstaining. City Attorney Rose read the ordinance for the third time. Mayor Hanna asked for any comments from the audience. There were none. 562 December 19, 1995 Upon roll call, the ordinance passed by a vote'of 5-0-1, with Young abstaining. ORDINANCE 3940 APPEARS ON PAGE OF ORDINANCE BOOK Mr. McCord requested that the minutes reflect that the City Attorney advised the Council that an abstention is an affirmative vote with the majority. Upon roll call, the emergency clause passed by a vote of 5-0-1, with Young abstaining. VACATION VA95-10 Mayor Hanna introduced consideration of an ordinance -vacating' sewer easements located within The Cliff's Subdivision. City Attorney Rose read the ordinance for the first time. Alderman Parker returned. Alderman Miller stated these sewer lines have put in other areas and these easements are not needed. Ms. Little stated that is correct. These easements will not be needed Young, 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 7 to 0. City Attorney Rose read the ordinance for the second time. Miller,:seconded by Williams, made a the rules and place the ordinance on Upon roll call, the motion passed by motion to its third a vote of further suspend and final reading. 7 to 0. The City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3941 APPEARS ON PAGE OF ORDINANCE BOOK ANNEXATION RZA95-22.1 •Mayor•Hanna introduced consideiration of an ordinance annexing -5.49 acres located west of Deane Solomon Road and north of •Raorback'Golf Course as requested by Michele Harrington on behalf of JED Development, Inc. He stated the Planning Commission voted 9-0-0 to recommend the annexation. City Attorney Rose read the ordinance for the first time. 563 December 19, 1995 Bassett, 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 7 to 0. The City Attorney read the ordinance for the second time. In response to a question from Alderman Schaper, Alderman Williams stated there is no real problem with this request. The City asked the petitioners to do this. Parker, seconded by Daniel, 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 7 to 0. The City Attorney read the ordinance for the third time. Mayor Hanna asked for public comments. There were none. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3942 APPEARS ON PAGE OF ORDINANCE BOOK REZONING RZ95-39 Mayor Hanna introduced consideration of an ordinance rezoning 4.59 acres located west of Deane Solomon Road and north of Razorback Golf Course from A-1, Agricultural to R-1, Low Density Residential as requested by Michele Harrington on behalf of JED Development, Inc. He stated the Planning Commission voted 7-0-0 to recommend the rezoning. City Attorney Rose read the ordinance for the first time. Williams, seconded by Bassett, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 7 to 0. The City Attorney read the ordinance for the second time. In answer to a question from Alderman Schaper, Ms. Little stated the property is approximately 600 feet in width and 300 feet in depth. Bassett, seconded by Williams, 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 7 to 0. The City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3943 APPEARS ON PAGE OF ORDINANCE BOOK December 19, 1995 MARKETING FIRM FOR DRAKE FIELD Mayor Hanna introduced consideration of: the approval of the selection committee's recommendation of Airport Corporation of America to provide marketing services. for Drake Field. Leo Yanda, Chairman of the Airport Board, stated the Airport Board has struggled with determining what is the best way to proceed with the marketing of the airport. The Board has discussed the pros and cons of hiring an airport staff person to do the marketing and of hiring a consulting firm to do the marketing. There are advantages and disadvantages to both options. After weighing all the advantages and disadvantages of .the two marketing procedures using.,the Board's experience and knowledge in the aviation field, the members of the Airport Board came to the recommendation to hire a consulting firm to do the marketing. The Airport Board considered many issues•before making the decision to recommend a consulting firm., First; it may take another four to six months to get a staff person hired. A consultant could get started on the project in one to two.months. A consultant can draw upon all of the experience of their company whereas a single staff person has only his individual,experience. A consultant can increase the man power if needed. Amcon"sultant` can fill in, where a staff person; if injured or ill,''may"be away from work. - It is doubtful that the City will find one•persoh 4 that knows all the same things and has all the same experiences' as a consultant. If that person is located, he or she will #` probably be in such great demand that they will be able to ,demand= the same salary as a consultant would.'.<< In all, the Board's recommendation is to proceed with the hiring of a consultant. It is highly probable that when finances are increased, a recommendation will be forwarded to the Council to hire a staff person to maintain and continue the marketing that will be initiated by the consulting firm. The Airport Board - believes that the consultants probably can best identify the best person to hire because of their awareness of what is in this field. - Alderman Schaper questioned that the Board is proposing a consultant to do a marketing -plan and not to do the marketing. Mr. Yanda stated the marketing plan has already been adopted by the Council. Whether there is a consultant or a staff person, the marketing plan is the same. 565 December 19, 1995 Alderman Parker explained he did not support the hiring of a consultant. He stated someone should be hired to implement the marketing plan. Through the execution of the plan, through the same money expended to hire someone to do actual marketing, we will find out how well the plan works and how it needs to be revised. That would work more effectively than hiring a consultant to give another evaluation of what we should do. Alderman Williams asked if Mr. Yanda envisioned the consulting firm to actually begin the implementation of the marketing plan or will they fine tune the plan. Alderman Williams stated the Council wants to see the plan implemented rather than the plan being revised. Mr. Yanda explained it would be easier to find a consulting firm that lives and survives on this whole marketing approach than to find one person with the same knowledge. Yanda stated if the marketing gets started in the proper direction, then a person could be hired to take over the duties. Alderman Parker explained that he wanted to see whoever is hired go out and commence the operations which have already been determined to be the priorities. Mr. Yanda asked Alderman Parker if he wanted someone to come in and run with whatever their abilities are. Alderman Parker stated he wanted someone to run with the plan. that has already been adopted. Each applicant should be evaluated by the same criteria that would be used to select a consulting firm. There are many communities around the country that are having to market airports. There are probably people who make a living in the airport marketing business. Mr. Yanda stated the plan that the Council approved is a plan that identifies multiple steps to be taken before actual marketing takes place. A staff person or a consultant will have to go through similar steps. The Board has recommended that the most positive way to move forward would be to work with a consulting firm to get started and then hire a staff person once the project is going in the right direction. Alderman Williams explained that his concern was that the Council is being asked to spend $68,000 and then spend more money to begin the actual marketing. In answer to a question from Mr. Yanda, Alderman Williams stated it is hard to understand why it would take $68,000 to come up with a marketing plan when we already have a good rough draft of a marketing plan. The amount of $68,000 is too high to be spent on fine tuning the plan and not actually beginning any marketing. December 19, 1995 Mr. Yanda stated in the plan is a road map of how to get •from point A to point B. No matter who does this, they will have to go from point A to point B. There will be lots of data gathering, reviewing, and research. Yanda explained that the Board determined it would be better to hire a company that handles these things on a regular basis than to put all of our eggs in one basket, in one staff person, and assume they have all the knowledge and capabilities. Mayor Hanna asked Mr. Yanda if he was considering a person already employed by the City of Fayetteville to take over the marketing plan after it is developed by the consultants or if he was talking about hiring someone new. Mr. Yanda explained the person would probably have to someone is currently working in a marketing field. Mayor Hanna stated if someone is knowledgeable of marketing, could probably implement the plan we have now. Mr. Yanda explained the person may not be knowledgeable of the marketing in this area. who they Alderman Young asked what the Airport Boards perception was on how much time a consultant would spend refining the plan and how Much time a consultant would spend actually marketing the airport. Mr.`.Yanda explained that he had not seen a break down. } Alderman Young stated if a staff person is hired, their main goal would be to market the airport. Mr. Yanda asked how that person was going to do that without the knowledge of the airport and the industry in this locale. Alderman Parker stated this isnota new thing. This is happening in airports all over the country. There are people out there who do this as their bread and butter. Alderman Parker expressed support for spending the $68,000 on someone who will be knocking on doors next month. Mr. Yanda stated whether we proceed with a consultant or a staff member, they will have to go through the same steps. The Airport Board feels that the group that could move forward most efficiently is a consulting firm. 567 December 19, 1995 Alderman Schaper stated many consulting firms put reams and reams of biolerplate into their studies and not much of the real particular stuff that applies to the particular problem. After this consulting study is done, we are going to have to hire a person anyway to implement it. Alderman Schaper suggested the City hire someone, give them information on what is expected of them and what their job entails, and then let them go to work. The staff person can dig out the data and do the studies that are required for our particular case just as fast as a consulting firm can. Alderman Williams stated we will end up in the same place regardless of which way we go. We will end up with a staff person implementing the marketing plan. Alderman Williams explained that he did not see the benefit of bringing someone in for a few months and then training a staff person as opposed to training someone from the outset. Alderman Williams expressed support for spending $70,000 on actual marketing rather than on a consulting firm. Mr. Yanda stated the Airport Board spent a great deal of time studying the issue. Considering all the specifics, the Board decided the best thing to do was to hire a consulting firm. Alderman Bassett explained that he was in agreement with the comments of the other aldermen. Alderman Bassett stated the City should be careful about using consultants. The marketing plan that has been developed is good. To hire a consultant at this point would be a waste of money. The money could be better spent in other areas. The City should hire a Marketing Director as recommended by Airport Manager Dale Frederick. Williams, seconded by Bassett, made a motion to not accept the resolution. Williams, seconded by Parker, made a motion to not accept the resolution but rather to pursue hiring a marketing person. Administrative Services Director Ben Mayes stated the Council should also pass a budget adjustment. The Council suggested approving a budget adjustment at a later date. City Attorney Rose confirmed that the motion was to reject the recommendation of the Airport Board and to recommend pursuing the hiring of an Airport Marketing Director. Upon roll call, the motion passed by a vote of 7 to 0. 568 OTHER BUSINESS December 19, 1995 JOYCE. EXTENSION - CONTRACT AMENDMENT Mayor Hanna introduced consideration of a resolution approving, amendment #3, in the amount of $17,000, to the engineering,—,.g contract with CEI, Inc. for the Joyce Blvd. extension.to'Gregg and approving a budget adjustment to recognize NANCHAR's contributions. Public Works Director Kevin Crosson stated this is needed to finalize the engineering so construction can begin. It ish frit recognizing some changes that are being required because of they,_ NANCHAR rezoning. The amount of $17,000 will come out of the $160,000 that was committed by NANCHAR to this project. In answer to a question from Alderman Miller; Crosson stated we' would be reimbursed. Williams, seconded by Miller, made a motion to pass the resolution. Upon roll calf, the motion passed by.a vote of 7 to 0. RESOLUTION 151-95 AS RECORDED IN THE CITY CLERK'S OFFICE. CENSUS DISCUSSION Mayor Hanna reminded the Council that they had authorized him at the last meeting to proceed with pursuing a census. Mayor Hanna stated since then we have gotten different reports from the county attorney who is advising Judge Johnson on the interdevelopmental council on the census. Mayor McKinney of Springdale. The best thing to do at this time is for the Cities of Springdale and Fayetteville to pursue the census. We will have to post a bond. After the census is done, the cost sharing will be figured out by the census bureau. This is legal according to the county attorney. Springdale and Fayetteville will pursue*it and provide the cost of the bond to get the census done .tWhen' the census is done, communities are charged based on haw many people they have. ,In answer to a question from Alderman Schaper, Mayor Hanna stated _ the census will cover the entire county. Mayor .Hanna stated the City will not be allowed to pay the other cities -portions as was proposed. Alderman Schaper, for clarification, stated Fayetteville and Springdale will post a bond for the census up front but then the cost would be divided among the different cities according to their population. 569 December 19, 1995 Alderman Bassett stated if a city does not gain population, they do not have to pay for any of the census. Mayor Hanna agreed. In answer to a question from Mayor Hanna, City Attorney Rose stated he would be happy to review the details. Alderman Bassett stated the discussion was an effort to hold harmless those few towns that would come out on the lower end of the stick. Evidently the legal advise was that we cannot do that. Alderman Bassett commended the Mayor of Springdale and Mayor Hanna for making a genuine and sincere effort to work with the smaller communities in an effort to hold them harmless. Alderman Daniel asked if a little community would have to help pay even if it has only increased by ten people. Mayor Hanna stated it would be a very small amount. LAND USE PLAN AMENDMENT Alderman Young stated the Council has overlooked one minor thing on the Land Use Plan. He asked Planning Director Alett Little if the environmental definition was to be included in the Plan. Little stated it can be included at the front of the Environmental Resources section. Young, seconded by Schaper, made a motion to add to the Environmental Resources section of the Plan that environmental resources shall be defined as all physical and vegetative features of the communities landscape which are necessary to maintain the functioning, integrity, and health of the natural systems within the bounds of that community. Upon roll call, the motion passed by a vote of 7 to 0. The meeting adjourned at 10:13 p.m.