HomeMy WebLinkAbout1997-10-07 MinutesA MEETING OF THE FAYETTEVILLE CITY COUNCIL
A meeting of the Fayetteville City Council was held on Tuesday,
October 7, 1997, at 6:30 p.m., in the Council Room of the City
Administration Building, 113 W. Mountain, Fayetteville, Arkansas.
PRESENT: Mayor Fred Hanna; Aldermen Len Schaper, Heather Daniel,
Cyrus Young, Randy Zurcher, Trent Trumbo Donna Pettus,
Stephen Miller, and Kit Williams; City Attorney Jerry
Rose; City Clerk/Treasurer Traci Paul; staff; press;
and audience.
ABSENT: None
Mayor Hanna called the meeting to order with eight aldermen
present.
NOMINATING COMMITTEE REPORT
Alderman Daniel nominated Dennis Becker as a regular member
the Board of Construction Appeals and Butch Green and Stan
Johnson as alternates. Alderman Young seconded. Upon roll
the motion carried on a vote of 8 to 0.
CONSENT AGENDA
to
call,
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 September 16 regular Council meeting;
B. A resolution approving a budget adjustment in the amount of
$45,000 increasing funds for contract services in the
vehicle maintenance program of Fleet Operations;
RESOLUTION 92-97 AS RECORDED IN THE CITY CLERK'S OFFICE.
C. A resolution awarding Bid 97-38 to the lowest qualified
bidder, E. A. Martin Machinery Co., in the amount of $69,950
for the purchase of a tractor/dozer;
RESOLUTION 93-97 AS RECORDED IN THE CITY CLERK'S OFFICE.
D. A resolution approving a construction contract with Jerry D.
Sweetser, Inc., in the amount of $225,203.60 plus a 5°s
project contingency of $11,260 for Township and N. College
Ave. intersection improvements and approving a budget
adjustment;
RESOLUTION 94-97 AS RECORDED IN THE CITY CLERK'S OFFICE.
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October 7, 1997
A resolution approving a contract with APAC Arkansas Inc.,
McClinton Anchor, in the amount of $344,570 plus a 10%
contingency of $34,457 for construction of 20th Street and
drainage improvements;_
RESOLUTION 95-97 AS RECORDED IN THE CITY CLERK'S OFFICE.
Alderman Williams moved to accept the consent agenda. Alderman
Miller seconded. Upon roll call,,themotion carried on a vote of
7-0-1, with Alderman Young abstaining.
HOME GRANT FUNDS
Mayor Hanna introduced a resolution approving an agreement with
Arkansas Development Finance Authority -governing the disbursement
of HOME grant funds awarded to the City for the Home Owner
Rehabilitation Program in the amount of $200,000.
Mayor Hanna noted this hadbeen removed from the consent agenda..
Ben Mayes, Administrative Services Director, reported that since
1993, the City has received approximately $1.1 million in the
HOME Program. Through the Home Owner Rehabilitation .Program,
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the City has rehabilitatedapproximately 50 homes, totaling
approximately $700,000.Thesgoal,is to take housing in the
target area and bring it up to code. Each is done through a
competitive bidding process... There is a restriction on the deed.
If the home is sold before a ten-year period, a portion of the
grant must. be paid back. In 1994, the. City built three.duplexes,
which were'totally accessible, for approximately $240,000. In
1996, our Acquisition. and Rehabilitation Program was begun with
this fund. The City acquires housing, rehabilitatesit, then
sellsait=to a -qualified family: 4;
Mayes stated staff la asking the Council to accept the grant for
1997-1998 for $200,000..=".This will go into the Homeowner
Rehabilitation Program,'rin+order for it to continue.
Alderman Daniel moved the resolution: .Alderman Williams
seconded: Upoin, rbll call`; the' resolution passed on a vote of 8
t0, 0 •
s € .s .t i6a
RESOLUTION -96-97 AS RECORDED IN THE CITY CLERK'S OFFICE.
OLD BUSINESS
WATER & SEWER RATES
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Mayor Hanna introduced an ordinance adopting water and sewer rate
changes as recommended in the completed water and sewer rate
study with an effective date of Nov. 1, 1997. This ordinance was
left on the second reading at the Sept. 16 City Council meeting.
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October 7, 1997
Alderman Young moved to suspend the rules and go to the third
reading. Alderman Miller seconded. Upon roll call, the motion
carried on a vote of 8 to 0.
City Attorney Rose read the ordinance for the third time.
Ben Mayes, Administrative Services Director, stated this is an
accumulation of a year's work. Black & Veatch was hired to do an
operations study, make recommendations, and do a rate study.
This is required by the outstanding water and sewer bonds. There
have been several public hearings. A presentation was made to
the Council. This calls for a 4.1% increase on average. There
has not been an increase in approximately four years. The next
increase is not called for until 2000. Between now and then, we
will update our study.
Mayes pointed out two things not included in the study. There is
nothing for the additional wastewater treatment plant or
expansion and there is nothing for the white River system. The
City will look at these in the coming 12 months and they will be
under a separate review.
Mayes stated that for residential customers who use approximately
5,000 gallons a month, it will be an $.85 increase.
There being no further comments from the Council or audience,
Mayor Hanna called for the vote.
Upon roll call, the ordinance passed on a vote of 8 to 0.
ORDINANCE 4059 IS FOUND ON PAGE OF ORDINANCE BOOK
NEW BUSINESS
VA97-7--KYLE
Mayor Hanna introduced an ordinance vacating the alley between 21
E. Prospect and 17 E. Prospect as requested by David H. Kyle III.
The Planning Commission voted 9-0-0 to recommend the vacation.
City Attorney Rose read the ordinance for the first time.
Alett Little, Planning Director, stated it is not possible to
distinguish this alley from the property it is adjacent to.
Alderman Williams moved to suspend the rules and go to the second
reading. Alderman Daniel seconded. Upon roll call, the motion
carried on a vote of 8 to 0.
City Attorney Rose read the ordinance for the second time.
Alderman Daniel moved the ordinance to the third and final
reading. Alderman Williams seconded. Upon roll call, the motion
carried on a vote of 8 to 0.
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October 7, 1997
City Attorney Rose. read the ordinance forthe third time
There were no comments from the -audience. Mayor Hanna called for
the 'vote.
Upon roll call, the ordinance passed on a vote of B to 0.
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4ORDINANCE 4060 IS. FOUND ON PAGE OF ORDINANCE BOOK
RZ97-11 APPEAL--SKILLERN
Mayor Hanna introduced an appeal of the Planning Commission's
decision to deny a rezoning from A-1, Agricultural, to R-1, Low
Density Residential, for 17.62 acres located between Skillern Rd.
and Rom Orchard Rd. as requested by Beverly Jeanne Skillern. The
Planning Commission voted 6-3-0 to deny the rezoning.
City Attorney Rose explained how this has been done in the past,
since our ordinance is silent as to how the appeal is presented
He stated he would put the ordinance on its first reading to be
voted up or down.
City Attorney Rose read the ordinance for the first time.
Ed Young, representing Mrs. Skillern, stated Mrs. Skillern has
been told that the Council and Planning Commission members have
heard a lot about what Riley Skillern thought about the property.
She wished to set the record straight. This 17.5 acres is
surrounded by four landowners. No one has brought out that when
Mr. Skillern sold that property, he made no representation that
he was only selling if it were kept an acreage, an apple orchard,
or a homestead. That property was seen by Mr. Skillern and his
family as an asset to maximize wealth. Savannah Estates and
Brookbury were part of the Skillern family farm 'at. one point.
Mr. Skillern knew how that property was going to be developed.
Mrs. Skillern does not believe it is a legitimate argument to say
this rezoning will destroy the neighborhood.
Mr. Young pointed out Jim Neill's contract is still pending. He
has the first right of refusal and .has 'made it known he will own
this property whether it rezoned R-1, R -E, or kept A-1. He plans
to own this property even if Ozark Land Trust gets enough money
together to offer to buy the land with plans for preservation.
The opposition is an attempt to serve a limited number of
surrounding neighbors' wishes.
Wes Doss, attorney, stated it was about a year ago that Mrs.'
Skillern decided to sell her property and interviewed developers
and potential purchasers. She wanted to preserve the land values
of the surrounding area and to see something done like Brookbury.
and Savannah. He stated Jim Neill is'a developer who has bent
over backwards to meet the neighbors' concerns. R-1 zoning is
compatible and consistent with Savannah and Brookbury. The
proposed bill of assurance requires a density of 1.65 units per
October 7, 1997
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acre, as compared to R-1 density of four units per acre. R -L is
2 units per acre, denser than what is being proposed. To his
knowledge, there has never been an R -E zoning in Fayetteville.
Being in the city implies residential density.
Mr. Doss stated there are currently 1,254 cars per day at the
intersection of Old Wire and Skillern. It has been designed to
handle 4,000 per day. This project, with 29 units, would add 277
vehicles per day. He stated it is the City's opinion that this
will not significantly increase traffic and is not an issue in
the rezoning from A-1 to R-1.
Mr. Doss reviewed Planning Commission minutes regarding the
sewer. He stated it was the staff's opinion that any residential
development in the area would be offset by the rehabilitation of
the lines planned for this fall.
Mr. Doss stated the R-1 zoning allows the preservation of a 2.08
acre pond.
Mr. Doss stated there is a need for this size lot. He reiterated
this is R -L, when the bill of assurance is considered.
Mr. Doss stated the City staff recommended the rezoning to R-1.
J. L. Lancaster, neighboring property owner, reviewed the
proceedings up to this time. Using a chart, he showed how this
annexation has affected the city limits and stated it sticks out
like a sore thumb. Savannah and Brookbury are somewhat removed,
so this has no significance as far as being consistent. He
showed a chart that approximates R -E zoning and stated it showed
a significantly different complexion to the area.
Al Baltz, property owner to the south, addressed the fifth item
on the petition regarding traffic and distributed a handout. He
stated the traffic figure used so far was a count made in
February, 1995. His handout included an up-to-date traffic count
provided by the Fayetteville Traffic Division. A 24-hour count
at the same location on October 2, 1997, showed an increase of
142%. A count was taken on the east end of the road beyond
Savannah and in the County that shows 1,039 vehicles in a 24-hour
period and going somewhere other than this neighborhood. There
is through traffic from Highway 45. Mr. Baltz referred to
further traffic projections which showed a total approaching or
surpassing the capacity of Skillern Road.
Mr. Baltz discussed the street characteristics The total width
is about 21'. He stated a collector street is supposed to have
lanes of up to 11'. The 2020 Plan calls for a minor arterial on
Skillern Road.
Mr. Baltz discussed the site distance required for an
intersection here. The speed limit is 25 mph. To leave an
intersection on the east side of that curve, you are supposed to
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be.able to
Using that
the. top of
for.
October 7, 1997
see at 250' an Object A'3" high traveling -25 mph..
data, Mr. Baltz'referred to -a photo which showed only`
an automobile, which is 5" higher than what is called.
Mr. Baltz referred to page 5 of.his handout regarding. traffic and
speed counts on the curve. The average speed inbound was 37.88
mph. Assuming we can get the traffic down to .30 mph, an
automobile cannot be seen within 300', as it comes. up over a
hill. He hoped the Council recognized this traffic problem and
desired to do what is right for the community.
Roy Rom, owner of ten acres opposite the Skillern property,
stated his opposition is based on the concept'bf.R-'1 zoning and.
the consequences of it: He addressed four. points of the appeal
dated September 22, which was included in the agenda ,backup.
No. 6 of the appeal states there was no reason fordenial of
the rezoning given. Mr. Rom stated he found the following
remarks in the Sept. '8 minutes of the Planning Commission:
Mr. Watkins said development would be inconsistent with the
surrounding area; Mr.,Tucker said development'would not be
in the best interest of the neighborhood or the schools;
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<'Mr. Forney said other zoning would be more appropriate;.
Mrs. Hoffman said the density was way ahead of its time.
Mr. Rom stated there was no argumentgiven`at the Planning
Commission for accepting the R-1 zoning.
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No. 8 of the appeal. states• there is a necessity for R-1
zoning in tile area. The subdivisions of Brookbury and
Savannah are....substantiahly developed and the larger lots
would beaunaffordable to buyers. Mr. Rom stated this shows
2how!dollar driven'thi`s*development group is. Mr. Rom read
from an August 24 Northwest Arkansas Times newspaper article
which,reported on the saturated Northwest Arkansas real
estate market'., Hes listed theanumber of houses and lots for
sale in nearby developments. He did not see the necessity
for R-1 development. - -
No. 9 of the appeal states that to provide infrastructure
for larger lots will make the lots cost -prohibitive. .Mr.
Rom. stated this is:a way of saying there will -be less profit
to tha builders, if they can't .pass: it all along to the
buyers.
No. 10 of the appeal states the community sentiment will be
enhanced with,the proposed 29 lots Mr..Rom's concept of a
neighborhood is one with great diversity of homes, acreage,
people, and lifestyle; .R-1 zoning would insert an entirely
different community into an existing; well-established
neighborhood. It -,would be a separate community, -more
transient than 'what is;therenow. .
rrttt
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October 7, 1997
Mr. Rom stated it is obvious to all that the R-1 proposal is a
bad plan and an insult to the physical nature of the property and
the lifestyles of the neighborhood.
Kyle Baltz, neighbor, addressed the third point of the letter of
appeal regarding the bill or assurance. He gave a breakdown of
the property. He stated the lot sizes will be about .38 acres, a
far cry from R -L, which he stated the developer claims the lot
sizes are close to.
Colene Gaston, neighboring property owner, stated her property
was purchased two years ago with the expectation that the
residential development in the area would be no greater than one
house per two acres. One purpose of zoning regulations is to
provide assurance to existing and prospective landowners.
Changing zoning classifications infringes on the interest of
neighboring landowners.
Ms. Gaston addressed the proposed bill of assurance. She stated
the 1.65 units per acre was derived from taking the total 17.62
acres and dividing it by 29. She stated the lot size is
significantly less than the R -L zoning. She questioned the
validity of the bill of assurance as it has not been executed and
is drafted to be signed by Mr. Neill, who is not the owner of the
property.
Ms. Gaston stated this is the perfect situation for application
of R -E zoning.
Ms. Gaston stated No. 4 of the letter of appeal overstates the
developers case regarding impact on the Old Wire lift station.
The rehabilitation will be primarily to reduce infiltration and
inflow of rainwater. This subdivision will add domestic sewage.
Ms. Gaston stated the paramount consideration is the existing
character of the neighborhood and hoped the Council would vote to
preserve it.
Mr. Greg Galbraith, Ozark Regional Land Trust, stated he'd
provided information to the Council regarding this organization.
He stated the surrounding landowners had invited him to meet with
them in mid-August. At that meeting, he explained their options
regarding conservation plans. Many landowners wished to go
forward with a plan. It was after the meeting that he discovered
the development proposal. Mr. Galbraith stated that Mr. Neill
said if they are willing to restrict and stop development on
their own land, he would not want to intrude with his
development. Mr. Galbraith stated several landowners have stated
they want conservation easements whether there is a development
or not. The intent of a conservation easement would be to
restrict it to around three acres per house site, be single
family homes, and preserve the pond as a wildlife area. He
stated he has put an offer in for this. It has not been
responded to, as there is already an offer on the table. He
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October 7, 1997
stated they ate willing to 'pay fair market value and develop it
as,R-E.. The, density-willnot be less than:two to three acres.
t: Mr. Galbraith statedmthis'is a viableconservation plan and he
`hoped the Council would:deny an'R'-1 zoning at this time. He
'cannot "move-forward'on the.conserliation plan until the developer
decides where he is going:
Alderman Miller asked if Mr. Galbraith's organization would clean
up the pond.
Mr. Galbraith replied he
preserve it, but did not
They are offering to buy
does, not give any luxury.
thought there would be a plan to.
know at this time what could be done.
the land at .fair market value, which
Mike Roetzel, resident of Savannah subdivision, did not agree
that the owners of the surrounding area also want to develop
their property. Regarding Mr.. Neill's plans to own the property
no matter the outcome, Mr. Roetzel noted that after -the Planning
Commission denied the rezoning, a.for sale sign went back up on
the .property. He stated the agent told him they were looking for
a backup offer as they. didn't know if.the_zoning would go through
and the offer -they had was a contingency offer.
Mr. Roetzel stated there are.lots-for sale in Savannah and one
has sold for over $90;000. He believed this.property would be
marketable with lower density lots at a higher rate. He would
like to see the property'deveioped consistent with its
surroundings. He mentioned the dangerous intersection an did not
want to see anything done that would increase the danger.
Tom McKinney, Sierra Club, stated the Club would be more than
happy to volunteer to clean up the pond.
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Susan Brisiel, neighbor, spoke to the school issue: She stated
Vandergriff school is very, very,. full. . .
Alderman Daniel stated a middle school will soon relieve the
crowding at Vandergriff.
Jim Neill, developer, stated this project was started with good
intentions. Everyone was kept informed. What' was planned for
the land was known by everyone. The reason he has not committed
to Mrs. Skillern is the value of the land is tied to the zoning.
He explained how he has worked with Mr Galbraith in the past.
He explained how he has cooperated with the neighbors on this
issue. He is sympathetic to everyone's needs. He stated the
developers are not the only ones.trying,to annex property. Three
other homeowners on Skillern Road currently have petitions to .
annex. They realize the benefits_•°
October 7, 1997
Mr. Neill stated a lot of the petition signers were given false
information. Everyone has seen the rendering of the proposed
entrance. It is part of the bill of assurance. The minimum
square footage is 2,800 for a single story residence and 3,400
for a two story home. That exceeds Brookbury and is consistent
with Savannah.
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Mr. Neill stated he has been frustrated by the system. He stated
the City has told him he has done all the right things.
Mr. Doss offered to sell the property to Mr. Galbraith,
representing the Ozark Regional Land Trust, for $150,000.
He stated this is Mrs. Skillern's land and not the neighbors'
land. He supports a conservation easement on the land they own.
He reiterated there is a need for this size lot in this area.
Mayor Hanna closed the public hearing.
Alderman Trumbo stated he is a board member of the M & N
Augustine Foundation, a local charity. He stated Jim Neill has
offered to donate the old house at the front of this property to
this foundation. For this reason, Alderman Trumbo stated he
would abstain from the vote on the rezoning. He stated he had
felt confident about voting for the annexation, based on Mrs.
Skillern's request.
Alderman Miller stated he sits on a board with Merlin Augustine
and a brother of Alderman Trumbo, which is the Fayetteville
Housing Cooperative, and had thought -they might get that house,
which might lead him to abstain.
Alderman Williams noted there was a good turn out at this meeting
for this discussion, as there had been good notification. Though
normally rezonings of this size are not decided on the first
night, he thought the Council should suspend the rules and go to
the final reading.
Alderman Williams moved to suspend the rules and go to the second
reading. Alderman Schaper seconded. Upon roll call, the motion
carried on a vote of 8 to 0.
City Attorney Rose read the ordinance for the second time.
Alderman Williams moved to go to the third and final reading.
Alderman Zurcher seconded. Upon roll call, the motion carried on
a vote of 8 to O.
City Attorney Rose read the ordinance for the third time.
City Attorney Rose informed the Council that the procedure is to
simply vote yes or no on the ordinance.
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October 7, 1997
Rose stated the bill of assurance meets -all the requirements he
is aware of for covenants that tun with.the,property. It would
need to be signed by the owner or the.rezoning,will not be
effective.
Alderman Williams stated each side has been fairly presented.
Though emotions have run high throughout the process, he hoped
for unity after the decision was made.
Alderman Miller recalled that whenhe voted for the annexation he
stated at that time he would not support an R-1 zoning. Now his
decision was to decide whether he would abstain or not.
Alderman Schaper stated the issue for him comes down to
neighborhood integrity. This was A: -sliver of land annexed from
the County. The surrounding development is complete. To
introduce a foreign scale bf:development does a disservice.
Alderman Pettus stated the surrounding area is not compatible
with an R-1 zoning.
Mr. Doss asked if the developer could withdraw the offer of the
house.
AMayor Hanna informed him the public hearing had been closed.
Alderman Zurcher statedhe could not support an R-1 density, on
the edgey,o.f.-town. Traffic. is one issue. He has not.seen anyone
speakLin.favor=of this who+did'not have a monetary interest in
it.
Alderman. Youn felt; R-1 would 'be tt
., .g f f :premature here. It should stay •
agricultural, R=E; or whatever, not R=1.
Alderman Daniel stated the density is too great and she will vote
against R-1.
Mayor Hanna called for the vote.
Upon roll call, the ordinance failed on
Aldermen Trumbo and Miller abstaining.
Mayor Hanna called a five minute break.
RZA97-18=&.RZ97-19--BATES
Mayor Hanna introduced ordinances annexing and rezoning .50' acres
located at 1199 Melly Wagnon'Road as requested by Margaret_Bates.
a vote of 0-6-2
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City Attorney Rose read both ordinances for the first time.
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October 7, 1997
Margaret Bates, petitioner, stated her builder had given her the
price for the house and she was to do everything else. She hired
an attorney to get annexed in. The house was completed and the
attorney did not know if she had to be annexed. Another attorney
was of no help, and now she has a third one working on it. She
has been trying to get this done. The builder was supposed to
get the septic permit before construction began. She did not
know he had not done that.
Alderman Williams moved to suspend the rules and go to the second
reading. Alderman Trumbo seconded. Upon roll call, the motion
carried on a vote of 8 to 0.
City Attorney Rose clarified that vote was for both the
ordinances.
City Attorney Rose read both ordinances for the second time.
Alderman Trumbo moved to suspend the rules and go to the third
and final reading. Alderman Pettus seconded. Upon roll call,
the motion carried on a vote of 8 to 0.
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City Attorney Rose read both ordinances for the third time.
Alderman Schaper asked if an emergency clause was needed.
Rose replied not on these ordinances.
Mayor Hanna asked if there would be additional cost to the City.
Alett Little, Planning Director, replied there would be no
additional cost.
There was no public comment. Mayor Hanna called for the vote.
Upon roll call, the annexation ordinance passed on a vote of 8 to
0.
ORDINANCE 4061 IS FOUND ON PAGE OF ORDINANCE BOOK
Upon roll call, the rezoning ordinance passed on a vote of 8 to
0.
ORDINANCE 4062 IS FOUND ON PAGE OF ORDINANCE BOOR
BUDGET ADJUSTMENTINHOUSE PAVEMENT IMPROVEMENT PROGRAM
Mayor Hanna introduced a resolution approving a budget adjustment
in the amount of $400,000 to increase funds for the In-house
Pavement Improvement Program.
Alderman Williams, Street Committee Chairman, reported the staff
presented this to the Street Committee. The Committee
unanimously supported it. He stated we have had good weather and
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October 7,
ave been able. to..pave''more streets
additional asphalt was needed.
1997
Chan anticipated, so
Alderman Zurcher asked about a time schedule for Lewis Avenue and
what being on the list meant.
Randy Allen, Street Superintendent, respondedthat beingonthe
list meant every effort will be made to complete it this year.
He thought work on Lewis. would start next week-. - -
Allen stated Berry is on the list because of its condition and
Sunset Woods has endured terrible road conditions for the past
several years.
Alderman Zurcher stated he would like to see something like this
done for sidewalks-.
Alderman. Williams supported this.
Allen stated there is some sharing of equipment that will help.
Alderman Williams moved the resolution. Alderman Miller
seconded. Upon roll call, the resolution carried on a vote of 8
to O.
RESOLUTION 97-97 AS RECORDED IN THE CITY CLERK'S OFFICE.
1997 PROPERTY TAX RATES -
Mayor Hanna introduced an ordinance adopting the real and
personal property tax rates for 1997 for Fire and Police
pensions. The rate to be adopted is 0.5 mils on real and
personal property for Fire pension and 0.5 mils on real and
personal property for Police. pension. -
Mayor Hanna explained this is an extension of a millage that
been collected for a number of years. -.
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City Attorney.Rose read the ordinance for the
first time.
has
Alderman Williams moved to suspend the rules and go to the second
reading'. Alderman Miller. seconded. Upon roll call, the motion
carried on a vote of 8 to 0.
City Attorney Rose read the ordinance for the second time.
Alderman Miller moved the ordinance to the final reading.
Alderman Zurcher seconded. Upon roll call, the motion carried on
a vote of 8 to 0.. k
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City Attorney Rose read the ordinance for the third time.
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October 7, 1997
There were no further comments from the Council or audience.
Mayor Hanna called for the vote.
Upon roll call, the ordinance passed on a vote of 8 to 0.
ORDINANCE 4063 IS FOUND ON PAGE OF ORDINANCE BOOK
CAPITAL IMPROVEMENT PROGRAM
Mayor Hanna introduced a resolution approving the 1998-2002
Capital Improvement Program.
Ben Mayes, Administrative Services Director, stated the CIP was
handed out to the Council last week.
Steve Davis, Budget Coordinator, explained the CIP is the major
policy and financial planning tool for the Mayor and Council It
directs city-wide capital improvements. It incorporates input
from the Mayor, Council, committees, citizens, and staff. It
maintains existing capital and provides a method for meeting
future needs. Items included in the CIP have a cumulative cost
in excess of $10,000.
Davis explained what projects are included in the CIP and how
they are prioritized.
Davis stated the CIP is financed primarily through the 1% city
sales and use tax, a 1% HMR tax, and operating fund revenues from
the airport fund, off-street parking fund, shop fund, solid waste
fund, and water and sewer fund. Additional funding comes from
grant revenues. This year we have a bond issue for the Town
Center which will be used to fund it.
Kevin Springer, Budget & Research, explained the funding. The
total project request is $84 million. Approximately 49% of the
project requests are funded through the 1% sales and use tax.
The remaining 51% are funded through other sources such as the
airport, advertising and promotion, parks development, solid
waste, shop, water/sewer, off-street parking, and community
development funds.
Springer reported that in 1998, the resources available from the
1% sales and use tax represent 75% of the total sales tax
collections projected for 1998. The remaining 25% will be used
for City operations.
Springer reviewed the project requests divided by project area.
For the five year period, 29.9% of the project requests are
allocated for water and sewer type improvements. In addition,
21% is requested for street improvements; 3.8% is requested for
bridge, drainage, and transportation improvements; 3.4% for
public safety improvements; 7.2% for parks and recreation
improvements; 8.9% for the Town Center; and 1.4% for the
community development improvements.
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October 7, 1997
Springer showed the project requests. funded through the 1% sales
and use tax classified by project category. .For the five year
period, approximately 77% of:the project requests are allocated
for infrastructure -type improvementsParks and.recreation
improvements make up 5.3%.:.Police and fire make up 6.9%
Mayes explained public hearings were held at the committee level.
The vast majority of this CIP has gone.through the various
Council boards and volunteer committees. Copies are available at
the library, the Chamber of Commerce, the City Clerk's office,
and in the Budget and Research office.
Mayor Hanna stated the City promised a pay -as -you go on these
capitai improvement projects funded out of the general fund and
the taxpayers havegotten'a lot out of their dollars. The City
has gone four years without paying interest on any of the funds.
It has all gone directly to the projects.
Alderman Williams reported .that the Street Committee has not
scometo•afinal decisionon its part of the CIP,'almost $3
million. Hefiwould not 'want to pass it until the Street Committee
has come to a final decision.
Kimberly' Rutl'edge;.
extension of`Drake
,Jolene Lakeyltr..citi
jand,,spoke regard''in
•
citizen;'' asked fo-r consideration of
Street to"Gregg.
zenalsoasupported`extending Drake
gfitraffic' concerns.
Alderman Williams announced the next.Street Committee
There were no further comments from theaudience.
the•
to Gregg
meeting.
Alderman Miller asked about..solid waste collection once Fulton
Sanitation no longer runs their picking line.
Kevin Crosson, Public Services Director, responded staffis in.
the'process-of finalizing a.recommendationreg'arding:a bin system
or continuing.the-blue bag systemwitha picking line. :Capital
improvements will be needed either at the recycling,center or for
the equipment. The equipment is'included in the shop budget.
.Alderman. Miller moved to table this to the next meeting.
Alderman Young seconded. Upoir roil call, the motion carried on a
vote of .8 to 0.
CITY COUNCIL -PLANNING COMMISSION MEETINGS
Mayor Hanna introduced a resolution providing joint
between the City Council and Planning Commission.
'14
meetings
333
October 7, 1997
Alderman Schaper stated this is meant to accomplish more and
better communication between the Planning Commission and the City
Council. Part of what State law calls for when it talks about
planning commissions is that it shall be an advisory body to the
Council. A good way of doing that is to have joint meetings to
discuss issues.
Conrad Odom, Planning Commission Chairman, stated getting
together is not a bad idea, but should not be required. The
Planning Commission does not take offense at reversals. The
system is designed to work that way. When needed, a resolution
to meet to discuss specific issues could be proposed by the
Council or Commission. He cautioned that if made a forced
meeting, the Commission may take it as instruction with a big
stick.
Alderman Williams supported the idea of joint meetings but did
not like the formality of this resolution. He extended an
invitation to the Planning Commission to meet with the Council.
Alderman Miller stated he had a problem with mandated meetings.
However, he has been on the Council for five years and has never
seen the whole Planning Commission and Council sit down and
brainstorm. It may not happen if not mandated.
Alderman Zurcher stated the Planning Commission is a separate
entity but not equal with the Council. The Council is elected
and appoints the Planning Commission. It is appropriate for the
Council to give suggestions and guidance.
Alderman Young stated he does not support brow -beating the
Planning Commission. The Council gives instructions to the
Planning Commission by ordinance. If the Council does not like
the way the Planning Commission interprets an ordinance, they
should change the ordinance.
Alderman Schaper stated the Council needs feedback because the
Planning Commission confronts issues created by the ordinances.
If you wait for an issue big enough to pass a resolution, then it
becomes a big deal. A regularly scheduled meeting is not such a
big deal and gives the freedom to discuss whatever comes up.
Alderman Pettus stated she has been contacted by at least one
planning commissioner who is opposed to mandated joint meetings.
She stated she has never been at a Council meeting or a committee
meeting where she has not been lobbied by another Council member
for a particular issue. She had concerns about improperly
influencing decisions of the Planning Commission. There is no
Arkansas case directly on this issue; but one case gives her the
idea that if the Council is accused of trying to influence the
Planning Commission in a particular area, the decision might be
overturned. She did not think it is humanly possible to get
together with the Planning Commission and not lobby. She felt
this is a danger. Nowhere in the Arkansas statutes does it
15
$
`October 7, 1997
provide for the City Council and Planning Coinmission.to meet to
decide certain issues. The Planning Commission'is appointed but
is an.independent body. It isimproper to make,themdo something
:they would not ordinarily do through their own process.
City Attorney Rose stated the question is what role the Council
plays. As City Attorney, he does not have a vote on the Council
and can only attempt to inform the Council of what the law is.
:He could provide them with'copies of the case Alderman Pettus
referred to and could try. to interpret that case for the Council,
butte could not turn it into advocacy. Each alderman must make
his own case.
'Rose stated the City Council and the Planning. Commission do have
different roles which are established by State statute. The
Council members do not need to be attempting to influence, as the
City Council, what the Planning Commissiondoes other than by
ordinance. That does not mean aldermen as citizens cannot
participate in Planning Commission -discussion ordiscuss problems
generally. The Planning Commission can communicate to the
Council difficulties in ordinances:in order to effectuate change.
Rose stated he is not aware of a specific law that prohibits a
joint meeting so long as the issues discussedaregeneral and not
specific to any case that may come before the Council:
Alderman Daniel stated it would be hard not to get to the
specific sometimes... She suggested having the consultant who
worked on the..2020 Plan come back and give an opinion on how the
City is carrying it out.. Though not too keen on setting -a
'certain number of meetings a year, she suggested setting one at
.this time, but not a formal resolution. .
Alderman Trumbo stated he did not support mandated meetings. The
checks and balances are in place. A meeting to talk about'
generalities isa good idea/but should not be mandated.
Alderman Williams offered an invitation to the Planning
Commission to get together as a learning session,•:not a lobbying
session. He preferred an invitation to talk about issues rather
than a mandate. If they are interested; a time can be formulated
through the Planning Department.
Mr. Odom stated he was not representing the Planning Commission
at this Council meeting. He would relay the invitation to the
Commission, but could not commit them. -
=.Mayor4Hanna.asked,Alett L ttle; Planning Director, to poll the
• Cbmmissiontto find_,conveiiient times in November. The Mayor's
'office`woule canvass the Council.
Rose' reminded Athe Council}that under the City's zoning
ordinances-, -Ms. little•-asPlanning.Director is the interpreter of
those ordinances. If her opinion is challenged, there is a -
procedure through the`Board,:of-Adjustments to address this. This
c
-16
335
October 7, 1997
is another role to factor in when talking about the decision
making process and coordinated effort in running the City.
There was a consensus that if the Planning Commission wanted to
meet and the parameters were kept general, that could be done.
CENTER STREET VACATION--OZARK BUILDING L.L.0
Mayor Hanna introduced an ordinance vacating a portion of Center
Street as requested by Richard Alexander on behalf of Ozark
Building L.L.C.
City Attorney Rose read the ordinance for the first time.
Rick Alexander, owner, stated they are attempting to renovate the
old Ozark Theater building and the property line is about 3' from
the building. The street is very narrow and there is no
transition between the rear of the structure on to College. In
their efforts to design the building and incorporate some
landscaping and make a safer transition, they came up with this
proposal, which City staff recommended.
Mr. Alexander stated there is a potential tenant for the building
who needs about 34 parking spaces. A point was made at the
Planning Commission that the parking there now backs out into the
street. The partners involved in this building propose to spend
about $1 million. They are working closely with City staff in
terms of landscaping. They are asking for parking; and though
there is adequate parking there now, there is nobody to use it.
If this development is successful, there will be somebody there
who will be generating revenue and hopefully will be the start of
the renovation of that whole area.
Alderman Pettus asked if any kind of legal issue was raised at
the Planning Commission as to whether or not the City can give
certain public property.
Mr. Alexander replied there was not. The City vacates streets on
a regular basis. He agreed this is a little different.
City Attorney Rose stated he has not looked at this, but would be
pleased to do so. The statute simply states that the City can
vacate any portion of the street or other public grounds so long
as it is not being used or required for corporate purposes. The
Council's first decision is whether or not this is required for a
corporate purpose. He did not know of any case law along these
lines at all.
Rose stated when land is vacated, it does not automatically go to
the adjoining property owners; though in most cases it goes 50%
to adjoining property owners on either side. There is no right
to vacation; it is discretionary.
17
October 7, 1997
Alderman Pettus asked City Attorney Rose to look into this
further.
Rose agreed the City could provide public parking with some kind
of lease -back agreement. .
Mr. Alexander acknowledged there is some metered parking along
the strip that is to be vacated. The piece vadated next to the
building will be used for sidewalk and landscaping purposes and
not built on. . .
Alderman Williams asked why the City would not keep control and
allow that.
.r
Meyor Hanna.asked ifthey couldnot be given the easement
allowed:todo whatRthey want to do.
and
Rose-thought,this could be done.`
Mr. Alexander stated he was going to,give the City an easement,
•back -;for the. sewer line, --but gettingan easement to do what he
<needsto do"would be•ac.ceptable.- -There would still be'public
adcess to the sidewalk:- They are asking to use. the parking for
the tenant.
Rose asked.for clarification as tothenature of the City's right
to that land being a street right-of-way. If the•:.City makes a
decision that the street right-of-way is no longer needed for the
public.purpose for which it is currently being used, then the.
City .may grant the vacation. He did not see a -problem.
Alderman Schaper stated the crux of the decision is whether to
take away public parking spaces to create private spaces.
Rose stated this goes back to deciding if it is no longer needed
for the public purpose. -
Alderman. Schaper stated there is a' bunch of public parking in the
area. The tenants of the property would come in at 8:00 -in the.
morning and fill up the public parking next to the building
anyway. It would be better to get it landscaped and maintained
by the owner.
.Alderman Pettus stated there is
for her. She owns, with others
which are leased to the County.
private or public parking.
Mr. Alexander answered it would
a;potential.conflict of interest
the lots east of the building,
She asked if this would be -
be private parking.
Alderman Pettus.stated she would disqualify herself.
18
337
October 7, 1997
Mr. Alexander stated he is in the negotiating stage with the
tenant. They have been put off until this meeting and would
dearly like a resolution.
Alderman Williams stated that in the past to attract industry,
the City has paid for sewer and streets. This cost nothing and
will mean an old, historic building is renovated and made a
productive part of Fayetteville. There is enough public purpose
to outweigh the value of that small piece of land. He thought it
could be decided at this meeting.
Rose stated he did not have any problems with this, though he has
not looked at it in great depth.
Mayor Hanna agreed it is a decision to attract business.
Alderman Young stated that during the discussion of the Town
Center, everyone talked about the need for a lot of parking
around the downtown area. Here the City would be giving away
public parking spaces.
Alderman Daniel felt that it being across College was a factor.
Mr. Alexander stated 11 public spaces would be lost.
Alderman Schaper moved to suspend the rules and go to the second
reading. Alderman Williams seconded. Upon roll call, the motion
carried on a vote of 7-0-1, with Alderman Pettus abstaining.
City Attorney Rose read the ordinance for the second time.
Alderman Williams moved to go to the third and final reading.
Alderman Daniel seconded. Upon roll call, the motion carried on
a vote of 7-0-1, with Alderman Pettus abstaining.
City Attorney Rose read the ordinance for the third time.
There were no comments from the audience. Mayor Hanna called for
the vote.
Upon roll call, the ordinance passed on vote of 7-0-1, with
Alderman Pettus abstaining.
ORDINANCE 4064 IS FOUND ON PAGE OF ORDINANCE BOOK
VA97-6--8TH STREET ALLEY
Mayor Hanna introduced an ordinance vacating a portion of Eighth
Street between School and Locust and vacating all of the alley
bounded by Eighth and Ninth Streets. The Planning Commission
voted 8-1-0 to recommend the vacation.
City Attorney Rose read the ordinance for the first time.
19
338
October 7, 1997
Alderman Williams asked if Mr. Allred had any problems with the
way the Planning Commission handled requiring a drainage.plan..
Jerry Allred, representing the Ray Adam's Trust, stated there is
no opposition other than it would need to be done when they have
a new buyer. This lady does. not have the funds to do a drainage_
study until it is known what the development is going to be. At
that time, this will probably come back as a large scale'
development and a drainage study would be required. He didn't
have a problem with doing it; but.it.would need to be done at the
time of redevelopment.
Alderman Schaper stated this is an existing problem that has been
compounded by building the parking lot at thesouth end of the
property.
Mr. Allred responded this was done before he took over management
of the property., He agreed there is some drainage problem that
needs to be looked at.
Alderman Trumbo
share is $6;000
is not that she
established that the amount needed for the cost
and that the owner does not have the money. It
is unwilling, but the money isnot in the trust
Alderman Miller stated that when the parking lot was built, it
exacerbated a drainage.problem. The City found a solution and
was turned down. The second letter was not even answered. :The
problem should be taken care of.. -
Alderman Zurcher did not think the person's financial condition
should influence how the City acts.
•
Mr. Allred stated the drainage is from the north of 'the property
and down onto the property. Be has been instructed that if this
is going to be a problem, they will withdraw andleave it as it
is. Theydo not want to cause conflict with neighbors or
anything of that nature.
Alderman Williams stated the quicker the land gets sold; the
quicker the drainage problem will be fixed.
Carolyn Jones, audience member, stated her grandfather.,built on
that property in the early '30s. .She knows what the .property is..
like.^and what damage.has been'done. For four years, several
people' ,in ,the City have been trying to get the Adams Trust to
address -this problem. Randy Allen, Street. Superintendent,. did an
extensive study and sent them }a letter. The response letter did
noteven,addressthe problem.•. She stated she has been told by
'them -they are not interested in even talking to her.
Ms. Jones;explained,how the drainage.has affected her.property.
She stated that years ago the City allowed a4' concrete culvert
to be built from. Sixth street all the way to:her property line.
It was fine until the concrete conduit was built. Drainage is
20
October 7, 1997
further hampered by the fact that the Adams Trust property has
never been maintained or occupied. They have done nothing to
help this problem. Others don't have the authority to clean it
up, so it backs up the water. They simply came in and built a
fence across Eighth Street and filled in what was the normal flow
and tried to turn the water 90 degrees, which didn't work and
backs up even more.
Ms. Jones stated the Adams Trust has not been a good neighbor.
Their drainage problems are causing a problem and they have not
had the courtesy to talk to her. She asked if the City should
reward them by giving them this property.
Alderman Schaper pointed out that the City does have an ordinance
which requires property owners to keep drainage -ways clear. He
stated the City would not be imposing anything on the Adams Trust
that is not required by law.
City Attorney Rose disagreed. He stated this is a private
dispute between two individuals. If there is debris within the
drainage ditch and it is within a City easement, the City might
be able to do something to clear that debris.
Rose was informed there is no easement.
Rose stated there is no City issue unless the City wishes to
undertake it. The City may see a drainage problem and try to fix
it. The City may purchase the easement and do all matter of
stuff to it. The City has that right but does not have any
affirmative obligation to cure a problem that is essentially a
problem between two private landowners.
Ms. Jones stated that by turning that ditch at a 90 degree angle
and filling in where it normally flowed and by fencing it off,
they have taken it over without the City's permission.
Rose thought this may be a classic example of a lawsuit she may
potentially have against her neighbor.
Ms. Jones stated if the City had not permitted the concrete
conduit to be there, the problem would not be as bad.
Rose assured Ms. Jones she could seek to persuade the Council
that her drainage problem is one that needs to be fixed by the
City. If she persuades them, they have a right to spend public
funds for that problem.
Kevin Crosson, Public Works Director, stated the City is probably
overstepping bounds by offering to cost share.
Alderman Schaper stated there is an ordinance against building a
fence in an alley. No one is allowed to obstruct an alley.
21
339
October 7
Rose stated the City could seek to have the fence removed..
Alderman Young asked how much money it would cost to correct the
problem.
..Crosson agreed it would be roughly $23,000.
Alderman Williams thought Mr. Allred was asking the City to•
vacate this street in order to get two lots. He hoped Mr. Allred
would inform the Trust there are problems that cannot be put off
along -time. _ t`," ,i z
9
Mr. Allred responded that it has been discussed and is the reason
they.,-decided,to;try,:togseil; this property and redevelop it. The
vacations will{become utility easements.- They would not. be
gaining' any'area that is.buil'dable. Hopefully, it will all be
..cleaned,up,and the three4lotsbehind Mrs. Jones will be harketed
s sas well? At: one; time, ,the tenant'had'been instructed to leave
aJ the„alley open: •He.agreed there is a drainage:problem but-
attributed;it to the box culvert. If Mrs. Cook, another property.
owner directly behind Mrs. Jones, and all the. neighbors wanted to
go in and -correct it, the. Trust might be. approached on that.
There was consensus to leave this on the first reading.
ANNOUNCEMENTS
Alderman Zurcher announced an Oct. 9 Street Committee meeting.
ADJOURNMENT
Mayor Hanna adjourned the meeting at 10:50 p.m.
22