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Home My WebLink About1996-05-14 Minutes183 MINUTES OF A MEETING OF THE CITY COUNCIL A special meeting of the Fayetteville City Council was held on Tuesday, May 14, 1996, at 4:30 p.m., in Room 326 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. PRESENT: Mayor Fred Hanna; Aldermen Len Schaper, Heather Daniel, Stephen Miller, Kit Williams, Cyrus Young, Woody Bassett, Jimmy Hill, Steve Parker; 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. SEQUOYAH PRESERVE PUD CONNECTIVITY ISSUE Mayor Hanna introduced consideration of a request from the Planning Commission that Resolution 19-96 be reviewed for the purpose of resolving connectivity issues for the preliminary plat for Sequoyah Preserve Planned Unit Development. Mayor Hanna stated Alderman Schaper requested the special meeting and asked that either he or City Attorney Jerry Rose begin the discussion. City Attorney Jerry Rose explained that he wrote an opinion for Phyllis Johnson interpreting Resolution 19-96. Rose stated the opinion stated the resolution is very clear that it is the general policy of the City that streets or roads should not extend over Mt. Sequoyah and connect. Any request for an exception must be presented and approved by the City Council after opportunity for public comment. A majority of the Planning Commission, should they believe that good planning requires an examination of the issue of connectivity, may refer a project to the Council The Planning Commission has asked the Council to consider the issue of connectivity as it relates to the Sequoyah Preserve development. Rose stated the Council could summarily reject, by resolution, the consideration of connectivity as it relates to the preliminary plat. The Council could choose to consider the issue of connectivity regarding Sequoyah Preserve and discuss an exception. The Council can approve, by resolution, some plan of connectivity or set a meeting at some future time to have a public hearing over the issue and then decide the issue of connectivity as it relates to this project. Mayor Hanna stated connectivity is not an issue with the preliminary plat for Sequoyah Preserve. Alderman Young stated the Planning Commission should have proposed a specific connection in referring the plat to the Council. There is no proposed connection in the preliminary plat for Sequoyah Preserve PUD. 1 184 Alderman Daniel stated the Planning Commission does not understand Resolution 19-96. AldermanParker stated the Council is depending upon the interpretation consistently by the City Administration and the Planning Commission in the spirit and the letter of Resolution 19-96. In answer to a question from Alderman Parker, Dan Coody stated the project has been through several meetings. The next Planning Commission.meeting is in June. In response to .a concem by Alderman Parker, Planning. Director Alett Little • stated the preliminary plat has been through the regular schedule of meetings. It was submitted to the Planning Office on April 10, 1996. Alderman Parker suggested the Council clarify Resolution 19-96. Alderman Schaper stated he attended the Planning Commission meeting and tried to convince the Planning Commission that if a developer does not propose a connection across Mt. Sequoyah, the plat is treated as any other preliminary plat. It would not need to be reviewed by the Council. Alderman Schaper presented to the Council a resolution proposed by Planning Commissioner John Harbison and himself to clarify Resolution 19-96. Schaper stated the resolution gives two conditions clarifying when the Planning Commission would forward a plat to the City Council. Alderman Parker stated there should be a specific line drawn so that the Planning Commission will have a clear idea of what they are supposed to do Alderman Schaper stated the Planning Commission is looking for some clarification as to when Resolution 19-96 becomes effective, -when it applies and when it does not. Alderman Williams read Section 2 of Resolution 19-96 and stated it is very clear. Williams stated he does not support the proposed resolution. Williams explained that when he drafted Resolution 19-96, it was not his intention that the Planning Commission should be sending a plat with no proposed connection to the Council. The only time a plat should be forwarded to the Council is if a landowner or developer desires to build a connection over Mt. Sequoyah. The Planning Commission would need Council approval before they could approve the project. After some discussion by the Council regarding the wording of Resolution 19-96, Alderman Parker stated the wording gives wiggle room. -. In response to a concern by Alderman Williams, Alderman Schaper suggested striking paragraph #2 in the proposed resolution. Alderman Young expressed concern about properties becoming landlocked. He stated the Planning Commission cannot require connections between subdivisions. 2 185 Alderman Williams stated there cannot be connections between the various highways outlined in Resolution 19-96. It does not say subdivisions cannot be connected. Alderman Williamsstated "or a Planning Commission recommendation" would also need to be removed from the last paragraph in the proposed resolution. Alderman Bassett stated the policy of the City regarding connectivity over Mt. Sequoyah is clear. The Planning Commission may be confused about when to forward a plat to the Council. The proposed resolution, with the two amendments, would make it very clear when the Planning Commission is obligated to forward a plat to the City Council. Alderman Young suggested adding "pursuant to Resolution 19-96" to the end of paragraph #1 of the proposed resolution. Alderman Williams stated "or recommended" should be removed from the paragraph after paragraph #2. Mayor Hanna reviewed the suggested changes. In answer to a question from Alderman Williams, Little stated the next Planning Commission meeting is June 10. Dan Coody requested that the Council approve the preliminary plat for Sequoyah Preserve PUD. Alderman Daniel requested a map of the Mt. Sequoyah area Little pointed out that she had posted the plat pages of most of the surrounding area on the wall. In answer to a question from Mayor Hanna, Rose stated the Council does not have the authority to approve a preliminary plat. The authority rests with the Planning Commission. Alderman Hill stated the City must treat all developers and all developments equally. Alderman Schaper asked if the Council should encourage the Planning Commission to hold a special meeting to consider the plat before June 10. Little, in asking for clarification, stated the resolution now says the developers can propose street connections but the Planning Commission cannot. Alderman Williams stated not if they are connections over the mountain. The Planning Commission will be determining locations of access. Alderman Parker expressed concern that Mt. Sequoyah is not defined precisely in either resolution. 3 186 Alderman Basset stated the policy of the City is clear. In answer to a question from Alderman Bassett, Coody stated he was not proposing connectivity. I. Alderman Basset expressed his support.for the amended -proposed resolution and:stated the, City is not going to encourage connectivity. If a developer proposes connectivity, it will be submitted to the City Council. The proposed resolution will clear up some administrative confusion. Alderman Hill stated the answer to Little's question is yes. - Alderman Miller, seconded by Parker, made a motion to approve -the resolution as amended. Upon roll call, the motion passed by a vote of 8 to 0. - RESOLUTION 61-96 AS RECORDED IN THE CITY CLERK'S OFFICE. Mayor Hanna suggested the Council make a motion to send the resolution along with : a recommendation to the Planning Commission that this subdivision does not have a problem that •needs to be forwarded to the Council Rose stated the Council can make a simple motion to send the preliminary plat back' to the Planning Commission. Alderman Williams, seconded by Alderman Miller, made a motion to send the preliminary plat for Sequoyah Preserve PUD back to the Planning Commission with a reconunendation from the Council that the plat be treated as any other preliminary plat. Upon roll call, the motion passed by a vote of 8 to 0. There being no further business, the meeting adjourned at 5:10 p.m. •