HomeMy WebLinkAbout14-08 RESOLUTIONRESOLUTION NO. 14-08
A RESOLUTION TO DENY SEVERAL ITEMS . TABLED
INDEFINITELY AND RESCHEDULE FOR HEARING THREE
ITEMS THAT MAY NEED FURTHER CITY COUNCIL
ACTION
WHEREAS, items tabled indefinitely usually expire at the end of any legislative session;
and
WHEREAS, the City Council of Fayetteville has not established any set legislative
session so that at least eleven items remain tabled indefinitely from 2007.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: The City Council of the City of Fayetteville, Arkansas hereby places on the
City Council agenda for February 5, 2008 the appeal of the Planning Commission's denial of
RZN 07-2667 (Hobson, Inc.; For February 19, 2008, approval of R-PZD 07-2680 (Arcadian
Court); and for July 1, 2008 (unless information is received earlier) for dredging cost share
agreement with Boardwalk POA.
Section 2: The City Council of the City of Fayetteville, Arkansas hereby denies all other
items that have been tabled indefimtely by the City Council including the list on Exhibit A
attached and any other items ever tabled indefinitely by the Fayetteville City Council.
PASSED and APPROVED this 15th day of January, 2008.
APPROVED:
By:
D COODY, Mayor
ATTEST:
By:
SONI)RA E. SMITH, City Clerk/Treasurer
Jeremy Pate
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
Or
Contracts
15 -Jan -08
City Council Meeting Date
Planning
Division
Action Required:
1
Operations
Department
Approval of a Resolution taking a final action on items that are currently "tabled indefinitely" by the Ci
recommended by staff..
Council, as
$0.00
Cost of this request
n/a
Account Number
n/a
Project Number
Budgeted Item
n/a
Category/Project Budget
n/a
Funds Used to Date
n/a
Remaining Balance
Budget Adjustment Attached
n/a
Program Category / Project Name
n/a
Program / Project Category Name
n/a
Fund Name
Department Dir or
City Attorney
Financtz^a'nd Internal Service Director
Mayor
Comments:
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Date
Dat
Previous Ordinance or Resolution # n/a
Original Contract Date: n/a
Original Contract Number: n/a
Received in City
Jerk's Of
ENTERED
Received in Mayor's 0
el ED
City Council Meeting of January 15, 2008
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning 21
Date: 26 December, 2007
Subject: 2007 Items Tabled Indefinitely — Final Actions
RECOMMENDATION
Staff recommends approval of a resolution taking final action on 2007 City Council items
currently identified by the City Clerk's office as "tabled indefinitely."
BACKGROUND
Within a calendar year, the City Council is presented with numerous items to consider as
a normal course of business. Most items are either approved or denied. However, some
items are tabled indefinitely, and do not return to the Council's agenda, for various
reasons. This creates a problem, however, because the status of the requests is in limbo,
without a decision for or against. The applicant is not able to procedurally continue, and
items indefinitely remain active, in case the Council brings the issue back for discussion.
DISCUSSION
The City Attorney and I have discussed the best way to address this issue now and in the
future, and subsequently have proposed two resolutions for your consideration. The
action before you now would address the items that were tabled indefinitely in 2007, as
the Council determines is best. Staff has created a list of these items, and all applicants or
staff persons have been notified of pending action. Based upon the request of the
applicant or staff person, I have formulated a detailed list and recommendation for each
issue.
The second action would be to essentially create a legislative session of a calendar year,
which would result in all items that are tabled indefinitely to be deemed denied as of
December 31 of each year, if no action has been taken. The item could always be brought
forward the next year as a new item, but it would "clean the table" for the new year, so to
speak.
BUDGET IMPACT
None.
RESOLUTION NO.
A RESOLUTION TO DENY SEVERAL ITEMS TABLED
INDEFINITELY AND RESCHEDULE FOR HEARING
THREE ITEMS THAT MAY NEED FURTHER CITY
COUNCIL ACTION
WHEREAS, items tabled indefinitely usually expire at the end of any legislative session;
and
WHEREAS, the City Council of Fayetteville has not established any set legislative
session so that at least eleven items remain tabled indefinitely from 2007.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS•
Section 1: The City Council of the City of Fayetteville. Arkansas hereby places on the
City Council agenda for February 5, 2008 the appeal of the Planning Commission's denial of
RZN 07-2667 (Hobson, Inc.; For February 19, 2008, approval of R-PZD 07-2680 (Arcadian
Court); and for July 1, 2008 (unless information is received earlier) for dredging cost share
agreement with Boardwalk POA.
Section 2: The City Council of the City of Fayetteville, Arkansas hereby denies all other
items that have been tabled indefinitely by the City Council including the list on Exhibit A
attached and any other items ever tabled indefinitely by the Fayetteville City Council.
PASSED and APPROVED this 15th day of January, 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
•
Date
Received
Council
Date
Received
From
Division
Action Requested
Status
Recommendation
12/28/06
01/16/07
Conklin,
Tim
Planning
Adoption
public
of Farmington's
certain
of a resolution to set a
hearing date regarding the city
desire to annex
territory currently in the city
of Fay.
Tabled
Indefinitely
Deny - Per Tim
Conklin, Item replaced
with another
limits
01/19/07
02/06/07
Conklin,
Tim
Long Range
Planning
RZN
06-2399 West Side Annex P-1
Tabled
Indefinitely
Deny - Per Tim
Conklin
04/09/07
04/17/07
Smith,
Sondra
City Clerk
Ord to establish Fayetteville
Property Owners Improvement
District No. 19 Oakbrooke Subdivision
Infrastructure Project
Municipal
Tabled
Indefinitely
Deny - Per Jim
McCord (applicant).
Not pursuing any
further
06/15/07
07/03/07
Conklin,
Tim
Planning
Amend Title
161.22 Downtown
UDC
15,
Chapter
General
161 Section
of the
Tabled
Indefinitely
Deny - Per Tim
Conklin (Ozark
Smokehouse Noise).
06/28/07
07/17/07
Pate,
Jeremy
Planning
RZN 07-2592 (Bellwood
S/D Ph II
Indefinitely
Tabled
Deny - No action to
proceed
07/20/07
08/07/07
Petrie, Ron
Engineering
Boardwalk
Owners
Subdivision Property
Association
Indefinitely
Tabled
Table - Per Ron
Petrie, to allow State
to provide information
07/20/07'
08/07/07
Pate,
Jeremy
Planning
Approval of a waiver
Development Code Ch.
Expiration of approved
permits, to permit an
Aspen Ridge Planned
until June 29, 2008
from the Unified
166.20
plans and
extension for the
Zoning District
Tabled
Indefinitely
Deny - Per Jeremy
Pate, owner who
submitted request no
longer owns property.
07/25/07
08/21/07
Carole
Jones/
Connie
Edmonston
Parks &
Recreation
Approval of a project by the AR Game
& Fish Commission Region 1 Stream
Team for Red Oak Park Streambank
Improvements
Tabled
Indefinitely
Deny - Per Carole
Jones, revised plans
submitted for review
08/31/07
09/18/07
Pate,
Jeremy
Planning
R-PZD
07-2680 Arcadian Court
Tabled
Indefinitely
Table to Feb. 19
2008
09/12/07
10/02/07
Jones
Parks &
Recreation
Approval
proposed
Commission
for Red
Improvements
of
by
Oak
a revised project
the AR Game
Region 1 Stream
Park Streambank
design
and Fish
Team
Tabled
Indefinitely
Deny - Per Carole
Jones, new plans can
be submitted as new
item for consideration
Carole
09/17/07
09/18/07
Don
Wilson
N/A
Planning
denial
Commission Appeal
of RZN 07-2667 (Hobson
of the
Inc.)
Tabled
Indefinitely
Table to Feb. 05,
2008
•
FAYETTEVILLE
THE COY OF FAYETTEVILLE. ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
LEGAL DEPARTMENT
TO: Dan Coody, Mayor
City Council
CC: Jeremy Pate, Director of Current Planning
Sondra Smith, City Clerk
FROM: Kit Williams, City Attorney
DATE December 20, 2007
RE• Items Tabled Indefinitely
r
The general parliamentary rule is that items tabled indefinitely die when the
legislative session in which they were tabled ends. However, I do not believe the
Fayetteville City Council has ever designated specific sessions for itself so the
legal and procedural status of items tabled indefinitely is now in limbo. This can
be a problem for enforcement actions (which are often stayed if an item is before
the City Council until final resolution). It also is confusing for any appellate rights
of an applicant who has a limited period of time after final City Council action in
order to file an appeal. It also causes problems for Planning and the City Clerk's
Office as more and more tabled indefinitely items pile up, but must be maintained
because the item could be removed at any time from the table by majority vote of
the City Council.
City Staff recommends two actions by the City Council to resolve this
problem. First, we will provide City Council with a list of all known items tabled
indefinitely in the past for your review. We propose a general Resolution deeming
all such items denied (except any item which is determined by the City Council to
remain tabled, but not denied).
The second action is an amendment to your Rules of Order and Procedure
which would set forth what would happen in 2008 and beyond to items indefinitely
tabled. Basically, any item tabled indefinitely during the year could be brought off
the table for consideration any time during that year by majority vote of the City
Council. However, if the item remains indefinitely tabled as of December 3151, the
item would be deemed denied and rejected as of that date. The item could be
considered by the City Council the next year, but only as a NEW ITEM, not as an
item brought off the table.
An item tabled for a definite period of time (until a specific meeting) would
NOT be affected Those items would still be considered at the designated meeting
even if the period of tabling included December 3151
Below is the actual proposed wording of the new subsection 6. Items
Tabled Indefinitely:
"6. Items Tabled Indefinitely
"Any items tabled indefinitely may be taken from the table
by majority vote of the City Council during the calendar year
in which it was tabled indefinitely. All items tabled indefinitely
and remaining on the table at the end of the calendar year shall
be deemed denied and rejected for appellate and all other
purposes on December 3151 and shall not be considered by the
City Council in the future unless brought forward as a new item."
(1.18.08) Clarice Pearman - Res. 12-08 & 14-08 Page 1
From: Clarice Pearman
To: Pate, Jeremy
Date: 1.18.08 4:45 PM
Subject: Res. 12-08 & 14-08
Attachments: 14-08 Tabled Indefinitely Items.pdf; 12-08 Amend Rules of Order & Procedure
.pdf
CC: Audit
Jeremy:
Attached are the above resolutions regarding tabled indefinitely items and amending the CRy Council Rules of Order &
Procedure. Please let me know if there is anything else needed for these items. Have a good weekend.
Thanks.
Clarice