Loading...
HomeMy WebLinkAbout2006-10-03 Minutes0 Mayor Dan Coody City Attorney Kit Williams City Clerk Sondra Smith • • City of Fayetteville Arkansas City Council Meeting Minutes October 3, 2006 City Council Meeting Minutes October 3. 2006 Page 1 or 20 Aldermen Ward I Position I - Robert Reynolds Ward I Position 2 - Brenda Thiel Ward 2 Position I - Kyle B. Cook Ward 2 Position 2 - Vacant Ward 3 Position I - Robert K. Rhoads Ward 3 Position 2 — Robert Ferrell Ward 4 Position I - Shirley Lucas Ward 4 Position 2 - Lioneld Jordan A meeting of the Fayetteville City Council was held on October 3, 2006 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Coody called the meeting to order. PRESENT: Alderman Reynolds, Thiel, Cook, Rhoads, Lucas, Jordan, Mayor Dan Coody, Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Alderman Ferrell was absent. Pledge of Allegiance A Presentation was given by Ray Boudreaux announcing that Fayetteville Drake Field Airport received the Arkansas Airport Operators Association Airport of the Year Award and the FAA Southwest Region Airport of the Year Award. CONSENT Approval of the July 17, 2006 and August 29, 2006 City Council meeting minutes. APPROVED. Water Service Territorial Boundary: A resolution to adjust the Water Service Territorial Boundary between Fayetteville and Springdale. Resolution 162-06 as Recorded in the Office of the City Clerk. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accesstaycttcville.org City Council Meeting Minutes October 3, 2006 Page 2 of 20 Alderman Jordan moved to approve the Consent Agenda as read. Alderman Lucas seconded the motion. Upon Roll call the motion passed 6-0. Alderman Ferrell was absent. UNFINISHED BUSINESS ADM 06-1955, 06-1956; Amend Title XV: Downtown Master Plan Zoning Districts and Map: An ordinance amending Title XV: Unified Development Ordinance of the Code of Fayetteville to amend various sections of the code in order to implement the Downtown Master Plan Zoning Code and Zoning Map. This ordinance was left on the First Reading at the August 15, 2006 City Council Meeting. This ordinance was left on the Second Reading at the September 5, 2006 City Council Meeting. This ordinance was left on the Third Reading at the September 19, 2006 City Council Meeting and then Tabled to the October 3, 2006 City Council Meeting. There was also an amendment to this ordinance that was tabled. The amendment was to amend the ordinance to rezone the Reagan Street area to the Downtown General zoning. The motion was made by Alderman Lucas and seconded by Alderman Thiel and then tabled to the October 3, 2006 City Council meeting. Alderman Lucas and Thiel asked that their amendment be withdrawn. Mayor Coody: Tim, I understand that you have some amendments that you would like to bring • forward? Tim Conklin, Planning and Program Development Director: I would like to thank the City Council and the Mayor for working with us for the last eleven months on this. There are some amendments that need to be made prior to passage and I would like to walk through those. He gave an overview of the working process of the Downtown Zoning Districts and map thus far Lief Olsen handed out a copy of the proposed amendments. The amendments were listed as follows: 1. (Map Amendment) Change Denelle Campbell's Property Zoned PZD to Main Street Center. 2. (Text Amendment Page 9 of 144 CC Agenda) All Building Height Variances to go to Planning Commission (Sec. 156.02) 3. (Text Amendment) Apply the Building Height Definition to Apply to all Zoning and Development Ordinances When Measuring Building Height. 4. (Map Amenment) Remove the West Lafayette Street Neighborhood from the Downtown Zoning Map and Leave as RMF -40. 5. (Map Amendment) Change South Side of Rock Street (Block Ave. to College) From Downtown General to Main Street Center. LJ 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) access fayetievi l l e.org City Council Meeting Minutes October 3, 2006 Page 3 ol'20 • Tim Conklin briefly went over each amendment. He stated those are the amendments that staff is aware of. Of course you may propose any amendments that you wish but I wanted to put on the table this evening that in order to pass this we should have a discussion with regard to whether or not we want to make these changes. Before we move to the map I would recommend that we vote on the text amendments and then move to the map in order to make those changes.that this Council so desires. Alderman Rhoads moved to approve proposed Amendments #2 & #3. Alderman Cook seconded the motion. Upon roll call the motion passed 7-0. Alderman Ferrell was absent. Mayor Coody: Now we will move to Amendment #1. Tim Conklin: I have some slides that show that amendment. This is the property that Denelle Campbell rezoned as a PZD to the north as a metro building. The Center Prairie Trail is to the east and we are working with Ms. Campbell to obtain that easement. She is requesting that this property be rezoned Main Street Center. It would be bounded on all four sides with Main Street Center. Alderman Thiel moved to approve Amendment #1. Alderman Reynolds seconded the motion. Upon roll call the motion passed 5-0. Alderman Rhoads recused. Alderman Ferrell was absent. • Mayor Coody: We'll move to #4, a map amendment. Tim Conklin: Since this was voted on and the motion failed at the last City Council Meeting, the Alderman that voted in favor of the amendment to remove it from the Downtown Master Plan zone do they need to add that to be reconsidered or can it be a new motion? City Attorney Kit Williams: The best thing to do would be to have a motion to reconsider from someone who voted on the winning side. Since it's simply an amendment I think you can probably just move another amendment forward. Paula Marinoni with Lafayette Neighborhood Association stated that she wanted to be clear by saying this is not the whole neighborhood that is being polled. The whole neighborhood goes all the way to College and to clarify from last time that is not a Property Owners Association, it is a Neighborhood Association where we have our own goals for livability and such. It was mainly people who live there and owned property there on your occupied properties. If this can be called the Lafayette/Gregg Historic Area that would be more descriptive of what this is as opposed to what we have been talking about for years. I would also like to clarify that on alley 333 if that line could go straight up to include the Sigma Nu house that will not make any difference because the University owns that and they don't care what the zoning is. As far as a concise area there are a number of us who are interested in proceeding with nominating that area as a Historic District. It is the original entrance to the University of Arkansas and many of the • buildings in there are original. We would like that included in this so we can talk about a specific piece of property. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi I Ie. org City Council Meeting Minutes October 3, 2006 Page 4 of 20 She thanked the City Council, Planning Commission and staff for all the work they put into this. • She thanked her neighborhood and her representatives who have helped. She stated I sincerely hope that we can come to a place where this little neighborhood up there who has its own place in Fayetteville history can endure through on going communication. Mayor Coody: Can we change this name administratively or does this take an act of the Council? Tim Conklin: We are not proposing to adopt a zoning. If you approve the amendment to remove them from this Downtown Zoning we would come back with a Zoning District in the future and that could be named. We are not proposing that tonight. Alderman Reynolds: So in the future Tim you are going to give us that border that this particular amendment is going to cover? It's not going all the way to College it's just going to Gregg Street to Arkansas Avenue. Is it from Dickson to Maple then? Tim Conklin showed Alderman Reynolds where it was located on the map. Mark Rest, a homeowner on Gregg Street complimented Tim Conklin on assisting everyone to work this out. He stated 1 think everybody is pretty happy about the conclusion we've come to, remove it from this and leave it RMF -40. So we can still have our properties the way they are but at the same time leave the door open to reconsider and come up with a new zoning district • that may work for both parties. He also thanked the Council for considering these issues and stated I hope you vote in favor of removing us from the district and hopefully we can all come together and have a solution that is good for everybody. Alderman Rhoads: I presume staff supports the inclusion of Sigma Nu House? Tim Conklin: Yes we do. Alderman Reynolds moved to approve Amendment #4 and to include all of the area to the North of alley 333 all the way to Arkansas Avenue and includes the Sigma Nu House. Alderman Cook seconded the motion. Upon roll call the motion passed 6-0. Alderman Ferrell was absent Mayor Coody: We'll move along to the last amendment to change southside Rock Street from Block Avenue to College from Downtown General to Main Street Center. Tim Conklin pointed out the proposed area on the map. Alderman Reynolds: Being an Alderman of Ward 1 I certainly support this move. Alderman Thiel: The reason the Ordinance Review Committee changed this was because of requests from Ward 1 residents that lived on the west side of East Avenue. They were concerned because of the typography of the land there, it drops down so much that they felt like the street • 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi I I e. org City Council Meeting Minutes October 3, 2006 Page 5 01'20 should • be the dividing line in that case. I think this property because there is not a residence below it, like there were on these other areas, that I would support this. Alderman Rhoads: I would support it as well. Alderman Lucas: It's across from the Town Center is that right? Tim Conklin pointed out the location on the map. Alderman Lucas: So if a six story building was built across the street, one of the things about the Town Center is the view from the deck, would that affect it? Tim Conklin: Potentially you could impact the view of the Town Center. The balcony is about four stories up. Alderman Lucas: If this is left blue can a PZD be used in there to where there could be a variance for height and density? Tim Conklin: Yes, all of our zoning ordinances could be utilized within those Downtown Master Plan areas, a PZD or a different zoning classification could be requested in that area. Mayor Coody: Thank you for brining that up. I think that one of the important things about the Town Center is the view to the south and 1 would hate to see a building get built that would totally block it. Alderman Thiel: I agree with that. I would rather it just end at East Avenue. Mayor Coady: Yes, if it ended there you would lose your view to the southeast but at least you would still maintain the view to the south and the southwest. Kit Williams: I should note for the record on the corner of East and Rock there is a new house built there in the comer lot. Mayor Coady: So that's not going to change any time soon. Rick Alexander, downtown property owner stated a down zone to the Neighborhood General would limit the density to RMF -24 which on a half acre lot would be 12 units. The reason they bought the lot in the first place was because it was zoned C-3 and because it was next to the parking lot. He went on to read sections of the Downtown Master Plan, Dover Kohl study and described the things that he remembered from previous meetings. Mayor Coody: Tim, do you see a way that we can accommodate Richard's concerns and also • the concerns of the Council about not blocking the view of the Town Center to the south? 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi I I e.org City Council Meeting Minutes October 3, 2006 Page 6 of 20 Would they be allowed to build up to the height that they need not including their parking • garage? Tim Conklin: If you leave it Downtown General they would have to apply for a PZD just as the Mountain Inn/Renaissance came through as a PZD. Height as it is measured, just to clarify that in theory you could build up to the six stories on Rock Street itself but as you went down hill you would have to transition down as you measured building height, depending on how high your floors are and parking decks. The space in between typically it's not a full floor height. You could potentially put six stories there if you designed it in a certain manner up against Rock. Mayor Coady asked Tim if there were any recommendations that would allow them to build the density they want but not get in the view of the Town Center. Tim -Conklin: The only way you would be able to do that, if you left it blue, would be to review the project as a Planned Zoning District and see what's proposed. Richard Alexander: The problem with that is that is not a given. I had C-3 property three months ago; it got down zoned to a six story height limit as a result of the Divinity building. Now within two months we want to take it down to four and I don't know of any of my neighbors that are asking for that, it's next to the Town Center. If you don't have density and height there then where do you put it on Joyce? I'm not even asking for anything. What I'm saying is Dover Kohl recommended that it be Main Street Center two and a half years ago. Let's take Dover Kohl's recommendation and put the transect line in the middle of Block. Let's • have a transition from red to blue. Mayor Coody: We got your point I think Rick. Alderman Thiel: That was one of the first changes made at the Ordinance Review Committee meeting based on comments from the public. If we went back to the original Dover Kohl recommendations there would be a lot more green and blue. What was the process whenever the heights were determined on these zones? Tim Conklin: Dover Kohl made recommendations with regard to the height and then the Planning Commission discussed that. Alderman Thiel: At what time did that happen? Was that after? Tim Conklin: That was part of the original proposal that came out of the Downtown Master Plan draft code. Alderman Thiel: Was that at the charrettes? There was no discussion at the charettes about the height? Tim Conklin: We did not discuss the code at the charrettes. There was discussion at the Planning Commission with regard to measuring building height and the number of stories and • 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi I I e. org City Council Meeting Minutes October 3,2006 Page 7 of 20 that's where that came out. One of the Planning Commissioners who is an architect worked with • staff on understanding building height and how many stories in relationship between those two. Richard Alexander: I am a supporter of the plan. I've been a supporter all along. A lot of work went into those meetings and I know it's a difficult job. I'm not even being critical. I'm only talking about assuming we resolved issues over 90% of it. I'm talking about one small area and 1 support the work of the staff and the city and the Dover Kohl Master Plan. I'm only asking that being consistent with that that we consider this amendment and consider that it has for many years been designated Main Street Center. Irene Pritchard, 339 North Gregg St.: One of the things Dover Kohl made a very big thing of was view shed and whether it's on Old Main, the courthouse or south of the Town Center. What is Fayetteville going to do about the view sheds and what do we think is important? When you are taking this into consideration I hope you will think of that because we are being impacted. right now with the taller buildings as they go in. Alderman Cook: We could debate every single piece of property in this plan until the end of time and we would never get anything passed. If we try to pass a perfect plan we will never get it done. We should just move forward with what we have. There will be adjustments instantly. 1 really think we should stop changing it individually and move forward at this point. Eric Lloyd, a citizen: I am 100% in favor of this redistricting thing. All we are asking you to do • is go by Dover Kohl. I understand the sympathy of Kyle Cook because 1 know where he's coming from. Mayor Coody asked Rick Alexander if he would be willing to work with the City on not blocking the view of the Town Center. Richard Alexander: Absolutely. Alderman Thiel: I would rather leave it like it is which was the full recommendation to this Council from the Ordinance Review Committee and then have Richard come back in the future with a PZD and I think it would be fully accepted as long as we maintain a view shed with the Town Center because that really is valuable. Alderman Lucas: 1 like Kyle's idea. We've got to decide on this thing sometime. I know it's been recommended that we wait until we have a Council member that sits next to Kyle but 1 hate to put it off any longer, with property owners having the option of coming back and changing things with PZD's. I am in agreement with Kyle's suggestion that we pass it as is and not make any changes tonight. Alderman Rhoads: I think Alderman Ferrell was in favor of this amendment as well and in response to Kyle's point that you have to stop somewhere, as far as I can tell this is the last amendment before us. We have made a lot of changes at a lot of the other meetings and so I • would urge my fellow Council members to make this one last change and then move forward. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi l le. org City Council Meeting Minutes October 3, 2006 Page 8 of 20 Alderman Rhoads moved to approve Amendment #5. Alderman Reynolds seconded, • Upon Roll call the motion failed 4-2. Alderman Reynolds and Rhoads voting yes. Alderman Lucas, Jordan, Thiel and Cook voting no. Alderman Ferrell was absent. Tim Conklin: I think we have covered the minor amendments that needed to be made and it is your decision this evening whether or not you want to vote on the final reading. Mark Kenyon, a resident of 418 W. Ila Street brought a resolution passed by the Wilson Park Neighborhood Association. He stated that it did concern them that there is a vacancy in Ward 2 which is the Ward where the Wilson Park Neighborhood Association is located. Our neighborhood feels pressured by the expanse of the Downtown Master Plan by the University on one side, North Street and College Street on the other sides. Our neighborhood association wants to protect what we have and we feel like we are being squeezed on a regular basis. There were amendments made tonight that I think we might need some time for our neighborhood to look at and be sure that we understand. He read the resolution and asked for due consideration of the City Council. He stated this is a request to have fair and equal representation on a Downtown Master Plan where the development will be impacting our neighborhood and our ward for perpetuity because it will be developed as this Master Plan is established. Mayor Coody: I know you have representation of Kyle Cook. Have you all been able to work together on these things? Is there a conflict here that we are not understanding? • Mark Kenyon: The conflict is fair and equal representation. There is no finger pointing here. I think that we have to look at the general public's perception of this situation. Alderman Cook: When I saw that on the email this morning I struggled with that because usually when a neighborhood speaks I try to listen to them. On this one I have to respectfully disagree with Mr. Kenyon in the neighborhood because we have worked so hard to get to this point. We are at the point where this zoning change can be passed. We have support on Council from comments that I've heard at the last two meetings. This plan gives opportunity for protections for the neighborhoods that we didn't have in the past. Don Marr represented Ward 2 throughout this whole process. Ward 2 is represented all the way up until through the first reading at City Council. I talked to a lot of other Ward 2 people today after I got the email and I feel good at recommending moving forward on this right now. We will see changes. This plan will change over time but that is a part of zoning. This is the snap shot that we should take at this point. Eric Lloyd: 1 am 100% for Kyle Cook and what he is trying to do and I believe the spirit of the Council is right by getting this thing voted on tonight. The rest of this stuff is poppycock. We want to vote this in tonight. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Alderman Ferrell was absent. • 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi I I e. org City Council Meeting Minutes October 3, 2006 Page 9 of 20 is Ordinance 4930 as Recorded in the Office of the City Clerk. RZN 06-2201 Mariscal: An ordinance rezoning that property described in rezoning petition RZN 06-2201, for approximately 1.50 acres, located at 4041 Wedington Drive from R -A, Residential Agricultural to C-1, Neighborhood Commercial. This ordinance was left on the Second Reading at the September 19, 2006 City Council meeting. Alderman Jordan moved to suspend the rules and go to the third and final reading. Alderman Lucas seconded the motion. Upon roll call the motion passed 6-0. Alderman Ferrell was absent. City Attorney Kit Williams read the ordinance. Alderman Jordan stated this was shown at the Ward 4 meeting. He asked staff why they did not recommend this. Jeremy Pate: In our findings for a rezoning request it asks if this zoning is justified at this time. With all the rezoning applications we look at certain properties to see what zoning designations are in the area. We found several properties that are zoned either R -O or C-1 which would allow this type of use in the area that had not been developed. A second issue is with the adoption of the City Plan 2025 we did look at that area and it is currently showing on the interim map as a • residential area which would not comply with that guiding policy. Also it is shown as a traditional neighborhood type of development which would incorporate both residential development and commercial development all in one cohesive plan. This makes it challenging for staff on standard rezoning request of small one-two acre parcels. We thought that it would be more comprehensively addressed with an overall look at circulation and development patterns of this project in general. Those are the reasons we did not recommend it. Alderman Jordan: They want to be rezoned to C-1 is that correct? Jeremy Pate: Yes. Alderman Jordan: 1 know at the Ward 4 meeting a restaurant was proposed. Does it have to be a restaurant? Jeremy Pate: It does not. It would be allowed to be any use within the C-1 Neighborhood Commercial Zoned District if it were to be rezoned. Alderman Jordan: Which could be what? Jeremy Pate described all the uses in a C-1 Zoned District. Alderman Jordan: So if they did want to put the restaurant in they could by right if we go • through a simple rezoning without a PZD and they could put a gas station in there if they wanted to? 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes October 3, 2006 Page 10 of 20 Jeremy Pate: That would be allowable within the zoning district. Alderman Lucas: And the conditional uses that would be allowed? Jeremy Pate described all the conditional uses within C-1 Zoning Districts. Alderman Thiel: So the Aldermen from this ward are opposed to this? Alderman Jordan: I am not real keen on it. Alderman Thiel: It's a rezoning without knowing for sure what's going to be there and that is why I can't support this for those reasons. Mayor Coody: Are they amendable to the idea of a PZD or are they opposed to it all together? Jeremy Pate: We haven't discussed it in great detail. This is the option that they chose to come through. • Alderman Cook: We look at College Avenue and Highway 62 towards Farmington and we look at how we zoned those areas and we constantly zone them commercial. Wedington is one road that we have not completely done that to. We all complain about those roads and how they look, why would we continue to keep zoning like that on these major thoroughfares. I'm more • interested in the zoning as a larger issue for the city as a whole and I hate to see us keep zoning those strips down the major thoroughfares like that. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance failed 0-5. Alderman Rhoads was absent during the vote. Alderman Ferrell was absent. This item failed upon vote of the City Council. NEW BUSINESS R-PZD 06-2190 Woodbury: An ordinance establishing a Residential Planned Zoning District titled R-PZD 06-2190, Woodbury, located south of Zion Road and east of Taliesin Lane, containing approximately 11.66 acres, amending the official zoning map of the City of Fayetteville; and adopting the associated Master Development Plan. City Attorney Kit Williams read the ordinance. Jeremy Pate gave a brief description of the item. He stated that staff is recommending approval of this Planned Zoning District. n U 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes October 3, 2006 Page 1 I of' 20 • Alderman Reynolds moved to suspend the rules and go to the second reading. Alderman Jordan seconded the motion. Upon roll call the motion passed 6-0. Alderman Ferrell was absent. With that said I would hope that City Attorney Kit Williams read the ordinance. Alderman Thiel moved to suspend the rules and go to the third and final reading. Alderman Reynolds seconded the motion. Upon roll call the motion passed 6-1. Alderman Lucas, Jordan, Reynolds, Thiel, Rhoads and Mayor Coody voting yes. Alderman Cook voting no. Alderman Ferrell was absent. City Attorney Kit Williams read the ordinance. Alderman Cook: I hate to blast through three readings in one sitting. Certainly there may not be any comments on that but if you all feel that way its fine but I don't think we should go through three readings in one sitting. An unknown representative of the project stated this is a great project for the city. We haven't had any adjacent property owner conflicts or complaints about this project. It was voted unanimously by the Planning Commission. In the interest of keeping this thing on track; it has been delayed in the Planning process, so we request that this be finally approved tonight. • Alderman Jordan asked Robert Rhoads what he thought since this is in his ward. Alderman Rhoads: I have had no calls against it and the comments that I have heard have been nothing but positive. With that said I would hope that we could approve it tonight. Alderman Reynolds: Mr. Ferrell also said at the tentative agenda meeting he had no problem with it and it was a win win situation. Alderman Thiel stated that she agreed with Kyle but this project really does look good. It does everything we want a project to do. It's in an area that's already being built out. In this case I really don't have any problems with going through it in one night. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 5-1. Alderman Lucas, Jordan, Reynolds, Thiel and Rhoads voting yes. Alderman Cook voting no. Alderman Ferrell was absent. Ordinance 4931 as Recorded in the Office of the City Clerk. VAC 06-2136 Petunia Court: An ordinance approving VAC 06-2136 submitted by John Carpenter for property located between Lots 31 & 32 of Glenbrook Phase 11, vacating un - constructed right-of-way within the subject property. • City Attorney Kit Williams read the ordinance. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi I le.org City Council Meeting Minutes October 3, 2006 Page 12 of 20 Jeremy Pate gave a brief description of the item. He stated staff recommended denial of this • request to vacate this right-of-way. Planning Commission disagreed with staff's findings and recommended approval with a vote of 7-1. Alderman Rhoads: With the changes the Planning Commission made does that change the Planning Departments view of it? Jeremy Pate: No sir. We strongly feel that the connectivity between these developments is crucial, especially in turning movements. Alderman Thiel: This is in Ward 1. Would they still have room to build a house on this even with the access that you've required? Jeremy Pate: No ma'am. Alderman Thiel: So they couldn't build a house on it anyway? I think by even placing these conditions on this we're just asking for it to be utilized in such a way that in a few more years they.will come back and say we've done this and that and we would like for you to vacate all of it so we can build a house on it. I do think in this case there is no safe way to get out of this except one and that really concerns me about this project. Alderman Thiel moved to suspend the rules and go to the second reading. Alderman • Reynolds seconded the motion. Upon roll call the motion passed 6-0. Alderman Ferrell was absent. City Attorney Kit Williams read the ordinance. Jeremy Pate: Staff is not recommending this but I would ask if you could leave this on a reading. There was a lot of public comment the last time. The actual applicant delayed this project to get some legal descriptions together. So, I would like for the public to at least be able to present their concerns because there were several at the Planning Commission just to have a fair hearing on it. Mayor Coody: Were they generally in favor or were they nonsupportive? Jeremy Pate: They were certainly in favor of vacating the right-of-way. This item was left on the second reading of the ordinance. VAC 06-2219 North Point: An ordinance approving VAC 06-2219 submitted by Tim Patterson for property located at Lot 5 Block 1 of the North Point Subdivision, vacating the southern 15' of the utility easement located within the subject property. City Attorney Kit Williams read the ordinance. • 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) a tees s fayettevi I I e. org City Council Meeting Minutes October 3, 2006 Page 13 of 20 • Alderman Jordan moved to suspend the rules and go to the second reading. Alderman Lucas seconded the motion. Upon roll call the motion passed 6-0. Alderman Ferrell was absent. City Attorney Kit Williams read the ordinance. Alderman Jordan moved to suspend the rules and go to the third and final reading. Alderman Lucas seconded the motion. Upon roll call the motion passed 6-0. Alderman Ferrell was absent. vacation. City Attorney Kit Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Alderman Ferrell was absent. Ordinance 4932 as Recorded in the Office of the City Clerk. VAC 06-2220 Emerald Avenue and Hillcrest: An ordinance approving VAC 06-2220 submitted by CEI Engineering Associates, Inc. located at the north end of Emerald Avenue, vacating 0.05 acres of a 20 foot utility easement located within the subject property. • City Attorney Kit Williams read the ordinance. Jeremy Pate gave a brief description of the item. He stated that all utility companies that are in the city their representatives have given their approval of this vacation. Alderman Lucas: Is this the area that we went out and toured that was so steep? Alderman Cook: It's around the hill from there actually. Alderman Jordan moved to suspend the rules and go to the second reading. Alderman Reynolds seconded the motion. Upon roll call the motion passed 6-0. Alderman Ferrell was absent. City Attorney Kit Williams read the ordinance. Alderman Jordan moved to suspend the rules and go to the third and final reading. Alderman Reynolds seconded the motion. Upon roll call the motion passed 6-0. Alderman Ferrell was absent, City Attorney Kit Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. • Alderman Ferrell was absent. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi I le. org City Council Meeting Minutes October 3, 2006 Page 14 of 20 Ordinance 4933 as Recorded in the Office of the City Clerk. VAC 06-2270 Kirk Elsass: An ordinance approving VAC 06-2270 submitted by Kirk Elsass for property located at 620 Rockcliff Road, Lot 9, Phase 1 of Hyland Park Subdivision, vacating a portion of a 20 foot utility easement located along the west property line of the property. City Attorney Kit Williams read the ordinance. Jeremy Pate gave a brief description of the item. He stated the Planning Commission voted 8-0 for recommendation of approval and Planning staff is also recommending approval. Alderman Thiel: I'm glad you addressed Mr. Dickson's Letter of concerns. Basically he said that if we can be sure that these problems don't exist or will not arise we will consider waiving our exemption to vacating the easements. So that's good to know that their concerns have been addressed. r� U Jeff Erf, resident of 2711 Woodcliff Road.: There was no public comment at the Planning Commission meeting because the item was on the Consent Agenda and they would not allow public comment. I talked to some neighbors that were interested in going but it was on the Consent Agenda. Regarding Bruce Dickson, he has expressed some concerns to me about some gravel and cement that's been left on his property and part of the sewer relocation project. • Perhaps you could add a condition to the ordinance to require that they cleanup the site completely on their property. Mayor Coody: Now you say sewer work, is it public city sewer or is it private? Jeff Erf: No I think this is something that the builder did. Unknown Citizen from the Audience: That's already done. Mayor Coody: I think what he is saying is consider it done. Jeff Erf: That brings another issue then. 1 was curious if on January 14, 2005 a notice of violation was still in effect on this property that had to do with the retaining wall being built and the street right-of-way and the sewer right-of-way. Alderman Thiel: What is your question? Jeff Erf: Is the notice of violation that was written•up for this project still in effect? Jeremy Pate: For this portion of the encroachment they are pursuing a remedy.for that. I would have to check with our Engineering office to determine if that has been resolved or not.. U 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi l l e.org City Council Mecting Minutes October 3, 2006 Page 15 of 20 • Jeff Erf: My question is if the notice of violation is still in effect and if there has been a final decision. Alderman Lucas: I am also concerned about this happening, building over sewer and water lines and everything. We had something at the Ordinance Review Committee one time and decided that the staff thought that they had found a solution for it so we didn't bring it forward to the City Council. These things are still happening. What can we do Jeremy to keep this from happening? Jeremy Pate: Obviously this structure was permitted long before we had that discussion. What we discussed at the Ordinance Review Committee, the Building Safety Director was there and stated that they would use all the measures that they had including requiring developers to string lots to ensure that the building setbacks are made. We went through a series where Planning hosted some workshops with Building Safety Inspectors because they are the only ones that are in the field in terms of inspecting homes as they are under construction. There are a series of inspections that a house has to go through for that period of time before a certificate of occupancy is issued. We did look at those issues and I believe we have some resolution with all the new construction we are seeing. It has become more difficult with the size of lots and the narrow setbacks. I know Steve Cattaneo's office is working hard to ensure that that is still kept at a minimum. Alderman Lucas: Are they stringing it? • Jeremy Pate: In any instance where it is at all questionable 1 believe they are. I can certainly check into that and see if they are doing it for every lot. Kirk Elsass, the property owner apologized for all the problems with the property. He stated I have worked with Jeremy and the staff in trying to clean up a bad deal. I take full responsibility for all the problems that have happened. I currently have a young couple with three children that want to move into this house and occupy it. I've tried to make everything right that has been wrong so far and I have worked my way down it and now I am down to this easement. He went on to describe the changes that have been made to improve the property. He stated I think I have addressed everything. The real issue here is I've spent every dime I could towards fixing things as the staff has asked me. I need to get these people in there if we possibly can. My goal is to get people in that home, living there without construction going on and on. Alderman Reynolds moved to suspend the rules and go to the second reading. Alderman Lucas seconded the motion. Upon roll call the motion passed 6-0. Alderman Ferrell was absent. City Attorney Kit Williams read the ordinance. Alderman Thiel: I am still concerned with Mr. Erf s questions. I wish our City Engineer was • here or somebody that could confirm that the only thing left unresolved on getting the final Certificate of Occupancy is just this. Is that your understanding? 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi l le. org City Council Meeting Minutes October 3, 2006 Page 16 of 20 Jeremy Pate: l'believe the issue of moving the sewer line has been addressed and 1 know there • were some issues with the retaining wall that had to be at a decreasing height or moved back from the right-of-way. I'm not sure what the final determination was that was made by Mr. Petrie. I would rather rely on Mr. Petrie to ensure those details. We obviously would still not issue that Certificate of Occupancy until this was resolved. A final inspection has not occurred for the house. Mayor Coody: So even if we approve this you've still got to get this all cleaned up before the Certificate of Occupancy can be issued. Alderman Reynolds moved to suspend the rules and go to the third and final reading. Alderman Cook seconded the motion. Upon roll call the motion passed 6-0. Alderman Ferrell was absent. City Attorney Kit Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Alderman Ferrell was absent. Ordinance 4934 as Recorded in the Office of the City Clerk. 2006 Millage Levy: An ordinance levying a tax on the real and personal property within the • City of Fayetteville, Arkansas, for the year 2006 fixing the rate thereof at 1.3 mils for General Fund -Operations, 0.4 mils for the Firemen's Pension and Relief Fund, 0.4 mils for the Policemen's Pension and Relief Fund and 1.0 mils for the Fayetteville Public Library; and certifying the same to the County Clerk of Washington County, Arkansas. City Attorney Kit Williams read the ordinance. Jeff Erf: For several years the millage rate was 0% for General Fund Operations. Last year you decided to raise 2 mils. My understanding was some of you voted for that thinking it was temporary and now this year we are talking about 1.3 mils. Is this going to be a permanent thing or I'm just wondering why is the millage necessary? Mayor Coody: We had zero property tax for operations for years. We initiated this 1.3 mils last year and I think Rogers has the next lowest tax for operations at 3.5 mils or just under 4 mils so we are very low on the property tax millage. One of the reasons we are have to do this is because we couldn't continue to operate on 0% yet continue to pay the wage increases and pay for the work that needed to be done for the City. There is a reason why the other cities are charging more than we are because the money is necessary. We are being more efficient than the other cities are with our revenue. Paul if you have any other information on why we need this 1.3 mils you are welcome to answer this but I think it is basically that we have the need and if we didn't have the millage then we would have to cut services and lay people off. • 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi I I e. org City council Meeting Minutes October 3, 2006 Page 17 of 20 Jeff Erf: My concern is that you are doing this before • you have a budget. I am just wondering if you have picked out things that could provide cost savings to the city before automatically jumping and adding the millage rate Mayor Coody: One thing I can say is that with this new Wage and Benefit Survey we are going to have to come up with more money than we have now to make up what we need to do to stay competitive so that right there is going to be a bigger increase than this 1.3 mils. We are going to need more money than what we have right now just to meet the payroll for next year. Alderman Thiel: We always have this discussion every year when we discuss the millage because we have to have this to the County by November I". There is no way we can discuss our budget in depth between now and then. We might consider less but I am assuming because staff is bringing this forward that based on their information of a budget there hasn't been any major reductions in operation expenses that would justify reducing this. Mayor Coody: Plus we have seen a slowing growth in our income as well as sales tax revenue not coining in as we would have liked to have seen so we have to find the funding somewhere. Paul Becker: I will be prepared to have a presentation at Agenda Session to talk about the summary General Fund Budget but in fact this is necessary to continue operations on a current level. The expenses are growing at a more rapid rate than revenue at this point in time so I feel that this is important at this time. • Alderman Rhoads moved to suspend the rules and go to the second reading. Alderman Reynolds seconded the motion. Upon roll call the motion passed 6-0. Alderman Ferrell was absent. City Attorney Kit Williams read the ordinance. Alderman Jordan moved to suspend the rules and go to the third and final reading. Alderman Reynolds seconded the motion. Upon roll call the motion passed 6-0. Alderman Ferrell was absent. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Alderman Ferrell was absent. Ordinance 4935 as Recorded in the Office of the City Clerk, Bond Ordinance: An ordinance authorizing the issuance and sale of the City's Sales and Use Tax Capital Improvement Bonds, Series 2006A, for the purpose of financing a portion of the costs of (1) certain improvements to the City's wastewater treatment plants, sewerage, and related facilities, (2) certain street improvements, and (3) certain trail system improvements; authorizing the execution and delivery of a trust indenture pursuant to which the bonds will be issued and secured; authorizing the execution and delivery of an official statement pursuant to • which the bonds will be offered; authorizing the execution and delivery of a bond purchase 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) access fayettevi I le. org City Council Meeting Minutes October 3, 2006 Page 18 of 20 agreement providing for the sale of the bonds; authorizing the execution and delivery of a • continuing disclosure agreement; and prescribing other matters relating thereto. City Attorney Kit Williams read the ordinance. Mayor Coody: I want to say thanks to the public for allowing us to sell these bonds. It was a very good turnout of the public and a good strong show of support on this Bond issue and I want to say thanks. Alderman Jordan moved to suspend the rules and go to the second reading. Alderman Reynolds seconded the motion. Upon roll call the motion passed 6-0. Mayor Coody voted in order to move to the next reading. Alderman Rhoads was absent during the vote. Alderman Ferrell was absent. City Attorney Kit Williams read the ordinance. Alderman Jordan moved to suspend the rules and go to the third and final reading. Alderman Lucas seconded the motion. Upon roll call the motion passed 6-0. Mayor Coody voted in order to move to the next reading. Alderman Rhoads was absent during the vote. Alderman Ferrell was absent. City Attorney Kit Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed.6-0. • Alderman Ferrell was absent. Ordinance 4936 as Recorded in the office of the City Clerk. Washington County Quorum Court's Density Regulations: A resolution to support the Washington County Quorum Court's Density Regulations for land located within two miles of Fayetteville's City Limits. Alderman Thiel: This was Alderman Jordan's and my proposal. Alderman Jordan: Probably because I got a little sideways at the last meeting. The situation was there was a development that came through six months ago and basically they wanted to run sewer lines outside the city limits. I think 1 voted against that on two occasions but the last time they came back and said they would build everything according to city standards. I supported that when it was brought to the Council. The problem that we ran into last week was this development had been approved by the County first so you had a County development coming into the City. Mayor Coody: Was it being developed to County standards? n LJ 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) access fayettevi I le.org City Council Meeting Minutes October 3, 2006 Page 19 of 20 • Alderman Jordan: I thought that we could tweak the development when it got here but basically what we were told by the City Attorney is that it was like a contract. Kit Williams: The problem was the developer had gone through the County and had his development approved with the diversified or decentralized sewer system and it had a lot of density including duplexes sitting on our border, something the City Council probably wouldn't want to see. 1 think the City Council felt pressured by the Department of Health to grant sewer to them and so a contract was approved to allow sewer and to hold them to what they had already gotten approval for. It was not something that the City Council or the neighbors were really happy with because it was too dense sitting right on our border. Springdale had already passed a resolution to support the Quorum Court in doing this so I think that Alderman Thiel and Jordan wanted the Fayetteville City Council to also support this. Mayor Coody: So Springdale has passed something similar to this already? Kit Williams: To support the Quorum Court study of this property. Mayor Coody: What do you think the results of this resolution are going to be? Alderman Thiel: Just lending support. Mayor Coody: But the County Quorum Court's going to come back with what? Do you know? 40 Kit Williams: They are looking at a limitation of one unit per acre in order to try to protect the neighborhoods that are already out there. Who knows for sure what they will really do but at least they are beginning to look at this area within two miles of Fayetteville and Springdale and within one mile of the smaller cities to give some protection to the cities and their own constituents that live near the cities. I think it's a good idea that the County is willing to look at this. • Alderman Jordan: Here's the thing, if it's one house per acre, if they want us to run city services out we know that's going to be on a one house per acre; an R-1; instead of the development sitting out there. Once we ran those sewer lines out there it was a done deal. I will never run any more city services outside the city limits to a development again. 1 won't support any of that. Alderman Lucas: I do agree with everything he said. There was one more thing that really disturbed me, which was that we found out, that when they came forward and asked for the sewer to be brought out they didn't have to notify the neighborhood so they did not realize this type of development would be there once we voted to give them sewer. Mayor Coody: What development was this? Alderman Lucas: Lierly Lane. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes October 3, 2006 Page 20 o1`20 Alderman Cook: Besides Lierly Lane, I fully support the County's efforts in trying to conduct • some zoning in the,County. Issues that we face at this city.level are issues that we see right outside our city limits. If you look at Northwest Arkansas as fast as it is growing and you look at other areas of the country where counties actually have Planning Commissions and regulations throughout the County, in my opinion it's time that we start approaching that level in this area. 1 certainly applaud the County for beginning this conversation at least within the one mile radius of city limits. Alderman Thiel: You ask what the end result of this would be; I think the fact that the City of Springdale and Fayetteville are adopting resolutions supporting this will send a stronger message to the County that this is something we hope that they support. I think there are still some JP's who are a little reluctant to property rights particularly on the south part of the County. Jennifer Price, resident of 4089 W. Lielry Lane: I would like to thank you for putting this before the City Council so quickly. As you know the Washington County Quorum Court has passed a resolution in support of limited zoning in portions of Washington County including the planning area surrounding Fayetteville. The full ordinance will come to a vote within the next month. It is important that the Washington County Quorum Court members know that the cities are behind their goal of stopping urban sprawl in the County which is Goal #2 of the City Plan 2025. This is a good first step in that direction. I think it is important for the City and the County to have an overall comprehensive plan that looks at the whole picture and acts proactively and takes a leadership role in stopping suburban sprawl in the County and encouraging smart controlled growth. • Alderman Jordan moved to approve the resolution. Alderman Reynolds seconded the motion. Upon roll call the resolution passed 6-0. Alderman Ferrell was absent. Resolution 163-06 as Recorded in the Office of the City Clerk, Tim Conklin reminded the City Council and Mayor of the Special Election with regard to annexation in West Fayetteville. He stated since we passed that ordinance last summer several annexations have occurred by the City of Fayetteville and Farmington. He distributed a map to the City Council and went on to describe the changes that have been made. Meeting adjourned at 8:30 p.m. Sondra Smith, City Clerk/Treasurer I 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org