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HomeMy WebLinkAbout1981-11-17 Minutes31S November 17, 1981 MINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Fayetteville City Board of Directors was held on Tuesday, November 17, 1981, at 7:30 p.m. in the Board of Directors Room, City Administration Building, Fayetteville, AR 72701. PRESENT: Directors Osborne, Sharp, Todd, Bumpass, and Noland; City Manager Grimes, City Attorney McCord, Assistant City Manager McWethy, and City Clerk Koettel. Members of the press and audience. ABSENT: Directors Ernest Lancaster and Ann Henry CALL TO ORDER Mayor Todd called the meeting to order and asked for a moment of respectful silence. Mayor Todd stated that Director Lancaster was now out of the hospital, and wished him a speedy recovery. NOISE ORDINANCE 318.1 Mayor Todd introduced consideration of amendments to the City's noise ordinance. The amendment proposed would reduce the maximum allowed - by -right sound level, and would further prohibit the creation of any "sound level greater than 15 decibels" above the surrounding background noise. A table of the current and proposed sound limits is given below: Zoning district of the area Time of day when Current Limit Proposed Limit in which the sound is heard: sound is heard: Residential 7:00 a.m. - 11:00 p.m. 65 dB 60 dB 11:00 p.m. - 7:00 a.m. 60 dB 55 dB Commercial 7:00 a.m. - 11:00 p.m. 70 dB 65 dB 11:00 p.m. - 7:00 a.m. 65 dB 60 dB Agricultural, Industrial, 7:00 a.m. - 11:00 p.m. 80 dB 75 dB or Public 11:00 p.m. - 7:00 a.m. 80 dB 75 dB 318.2 City Attorney McCord explained that the City's original noise ordinance was passed in 1979 and amended to its present form in 1980. McCord stated that a great deal of assistance was received from the Environmental Protection Agency and the Department of Pollution and Control and Ecology in developing the ordinance. A workshop had been conducted this past September to assist in training officers and reviewing ordinances. The Code Enforcement Officer of Norman, Oklahoma had reviewed the City of Fayetteville's ordinance and recommended amendments. Among these recommendations was that of reducing the City's maximum decibel limit by ten. Following that seminar, the City of Fayetteville sent two police officers to a training session, and they recommended that the reduction in the decibel limit should be a maximum of five decibels. McCord went on to explain that in addition to reducing the maximum decibel limit by five units, the proposed ordinance also makes it a violation to exceed by 15 decibel units the ambient sound level at any time. 318.3 City Attorney McCord pointed out that this ordinance has nothing to do with recent law suits that have been filed against the City, and is not the result of those law suits. It is the result of recommendations made by EPA, the Code Enforcement Officer of Norman, Oklahoma and the Fayetteville Police Department. 318.4 City Attorney McCord read the ordinance for the first time. Director Osborne, seconded by Noland, moved that the rules be suspended and the ordinance placed on second reading. Upon roll call the motion passed unanimously, and the City Attorney read the ordinance for the second time. 1 Director Osborne, seconded by suspended and the ordinance placed the motion passed unanimously, and the third and final time. Mr. Scott Schlesinger, Representative of the Interfraternity Council of the University of Arkansas, addressed the Board. He presented a petition to the Board containing names of persons requesting that the noise ordinance not be amended as proposed. Mr. Schlesinger explained that the Interfraternity Council is opposed to this amendment. He told the Board that the present ordinance is being complied with and that very few complaints have been made this semester. He told the Board that any further reduction in the decibel limit will be impractical. Mr. Schlesinger explained to the Board that the students on campus have a good working relationship with Mrs. Compton (the City's noise counselor) and with the Department of Public Safety on campus. He explained that if there is a problem, it can usually quickly be alleviated. He urged the Board not to pass this amendment, but to leave the ordinance as it presently is. Director Bumpass asked Mr. Schlesinger how problems that arose were alleviated. Mr. Slammons of the Department of Public Safety, University of Arkansas, addressed the Board and stated that when his department receives a complaint, a decibel reading is taken at the receiving source. If there is a violation, the persons making the noise are asked to comply with the ordinance. Usually the students and bands are agreeable to this. If not, another reading is taken, and if the violation still exists, then citations are written. Director Bumpass asked Mr. Slammons if he felt a reduction in the decibel limit would have an effect on the cooperation of the students. Mr. Slammons stated that he could not argue this point, but that he felt that at :the current level, there is the kind of response and compliance that is needed. Discussion was held on a "sound crow" on the University Farm to scare off birds from the crops, and whether this violates the sound ordinance or not. It was determined that this was outside the City limits. Mr. George Blackwell of the audience stated that he was opposed to the reduction in the decibel units. Upon further discussion, Director that the item be tabled indefinitely. a 4-1 vote, with Director Sharp voting November 17, 1981 319 Sharp, moved that the rules be further 319.1 on third and final reading. Upon roll call the City Attorney read the ordinance for Osborne, seconded by Bumpass, moved Upon roll call the motion passed by in the minority. MASTER STREET PLAN WAIVER/CITY HOSPITAL Mayor Todd introduced a request by the City Hospital for a waiver of the literal requirements of the Master Street Plan. The requirements for which a waiver was being sought were as follows: Rock Street: dedication of 3' of additional street right-of-way and improvement of the south side of the street to current city standards; West Avenue: dedication of 5' of additional street right-of-way and improvement of the east side of the street to current city standards; School Avenue: dedication of 20' additional street right-of-way and improvement of the west side of the street to current city standards; and South Street improvement of the north side of the street to current city standards Mr. Allen Prather, City Hospital Administrator, was present to answer any questions that the Board or audience might have. Upon discussion, Director Osborne moved that the waiver requested on School Street be granted; that the waiver requested on Rock Street be granted until the sparking lots are completed, or upon call of the City, whichever comes first; that the waiver requested on West Avenue be granted; and that the requirement " •for South Street be waived until the call of the City. Mayor Todd suggested doing each of these requests separately and the Board agreed. 319.2 319.3 319.4 319.5 319.6 319.7 319.8 319.9 319.10 319.11 319.12 319.13 319.14 319.15 319.16 November 17, 1981 320 320.1 Director Osborne, seconded by Bumpass, moved that the waiver requested on School Street be approved. 320.2 Director Sharp stated that about one and a half years ago the City Board had looked at property where Fayetteville Lumber was once located, and that a right-of-way was left so that four lanes of traffic could be constructed in the future. Director Sharp stated that he felt the decisions being made under this item should conform with what was done with the property of Fayetteville Lumber. 320.3 Director Sharp, seconded by Osborne, moved that this item be considered by the street committee. 320.4 Upon roll call the motion passed unanimously, and the item was referred to the Street Committee. MASTER STREET PLAN WAIVER/SAFEWAY STORES 320.5 Mayor Todd introduced a request by Safeway Stores, Inc., for a waiver of the literal requirements of the Master Street Plan. The requirements for which a waiver was being sought were as follows: 320.6 North College Avenue: dedication of 10' of additional street right-of-way, East Lafayette Street:dedication of 8' of additional street right-of-way. 320.7 Mr. Kenneth Mourton, representative of Safeway Stores, Inc. addressed the Board He stated that the above mentioned waivers were being requested, and that a waiver of the large scale development plan was also being requested. He told the Board that all the LSD requirements have either been complied with, or have been agreed upon. Mr. Mourton stated that the meeting between all the utility persons had not been held yet. However, the architects had already met with the utility persons. 320.8 Mr. Mourton stated that Safeway started meeting with the Planning Office in the later part of 1979, but that they were unaware that a large scale development plan would be required until September of this year. Mr. Mourton explained that the problem was one of obtaining eighteen copies of the plan and getting the technical committee set up. Mr. Mourton stated that Safeway has a final plat that has been on record with the Planning Office since August of this year and everything has already been approved on it. 320.9 Mr. Mourton explained that he had discussed North College with the Highway Department and that there are no plans to widen College because it already has four lanes and a turning lane. Mr. Mourton explained that Safeway has purchased the back 102 feet where the expansion will be built, and can make a dedication of right-of-way in the back. However, a trust in Boston, Massachusetts owns the property on which Safeway is located, and they will not agree to make the right-of-way dedication on Lafayette and College. 320.10 Mr. Mourton explained that there would be one more access point on College, and two access points on Lafayette moved further away from the College Avenue and Lafayette intersection so traffic flow would not be affected as much. 320.11 Director Sharp stated that he had problems with agreeing to waive the large scale development plan. Mayor Todd agreed and stated that this would seem to usurp the Planning Commission's responsibility. 320.12 Mr. Mourton stated that Safeway could comply with the large scale development plan by providing eighteen copies within a month or so, but that they are needing a building permit now so they can begin construction. Director Sharp, seconded by Noland, moved that the request to waive 320.13 the large scale development plan be denied. Director Osborne suggested that perhaps a building permit could be 320.14 issued conditioned upon the fact that all of the filing requirements be met within 30 days. 320.15 McCord explained that a "foundation permit" could be issued. Construction could be started, with the assurance that set -back requirements were being complied with, and that only formal approval was pending. McCord stated that 1 November 17, 1981 321 this has been done in the past. He asked Safeway's representative if that would be satisfactory and he replied that it would. Mr. Ernie Jacks of the Planning Commission stated that the main concern 321.1 of the Planning Commission was traffic control. Upon further discussion, Safeway withdrew their request for a waiver 321.2 of the large scale development plan and requested a foundation permit. Director Sharp, seconded by Noland, moved that the street committee 321.3 consider the requests made for waiver of requirements on North College Avenue and East Lafayette, and that it come back to the Board for final action on the December 1, 1981 agenda. Upon roll call the motion passed unanimously. POOL REPORT O Beverly Melton and David Lashley were present to give a report from 321.4 the Ad-hoc Swimming Pool Committee. A map was displayed showing one possible pool placement along with necessary buildings and area. Ms. Melton explained tothe Board that specifics could not be determined by lay people, but that a professional engineering firm would need to be employed. Q Ms. Melton explained that one consideration given was to keep the pool 321:5 Q centrally located the park area. Also, she pointed out that consideration would be made for handicapped persons. Ms. Melton stated that she would like to thank Barbara Crook for preparing 321.6 the maps of the pool and surrounding area. Ms. Melton asked the Board to make a decision on an engineering firm. 321.7 Mr. George Blackwell, a member of the audience, stated that he did not 321.8 feel this pool should be constructed. He stated that the Youth Center has a pool, the University has a pool, and there is an existing municipal pool. He pointed out that the country is in a recession and he does not feel the time is right to build this pool. He said he would rather see several smaller pools constructed rather than one large pool. Mayor Todd pointed out that the City Board does recognize the economic 321.9 situation of the country. However, he did point out that a local sales tax was passed with the assurance that 15% of those tax proceeds would be allotted to a swimming pool. He pointed out that the present municipal pool is inadequate. Director Bumpass asked if the grant application had been turned down and 321.10 was advised that was correct. Director Noland asked what the agreement had been with the architect 321.11 and engineering firm in the beginning when the grant application had been submitted. Ms. Melton explained that the scope of work was to design the swimming 321.12 pool and surrounding area, and t'oyhelp make up the necessary papers to submit the proposal for a matching grant. Discussion was held on whether or not the same architect/engineer should 321.13 be employed for the pool specifications, or if the City should once again go through the professional contract policy. Director Sharp stated that he felt the City should go through the professional contract policy process again. Director Noland, seconded by Bumpass, moved that the staff be authorized 321.14 to enter into negotiations with the original architect/engineering firm (Hailey-Powers-Froning/McGoodwin, Williams, & Yates). Director Sharp stated that he had a lot of respect for the local 321.15 engineers and architects involved, but that he felt the City should consider contacting engineers and architects who specialize in swimming pools. Upon roll call the motion passed by a 3-2 vote, with Directors Sharp 321.16 and Todd voting in the minority. November 17, 1981 322 FEE WAIVER/FAYETTEVILLE HOUSING AUTHORITY 322.1 Mayor Todd introduced a request by the Fayetteville Housing Authority for a waiver of the inspection and building permit fees, in connection with the construction of 52 units of low-income housing. 322 2 Judge Charles Williams addressed the Board. He explained that it was his understanding that the inspection and building permit fees have always been waived in the past in relation to building projects of the Fayetteville Housing Authority. He stated that Housing and Urban Development will not authorize the expenditure of funds or budget expenditures relating to application and inspection fees. 322.3 Director Noland asked if the City Inspector would still inspect the building projects even though 'the fees were waived. Mr. Kumpe of the Fayetteville Housing Authority stated that the buildings would be inspected by the City Inspector. 322.4 Director Bumpass, seconded by Noland, moved that the inspection and building permit fees be waived, but not the inspection. Upon roll call the motion passed unanimously. SIGN VARIANCE/JOSEPH SEGERS JR. 322.5 Mr. Joe Segers, Jr. addressed the Board concerning the City's sign ordinance. He stated that he felt there are certain things within the atmosphere of a University community that lends itself to a blanket type waiver. He explained that there was a problem during the Arkansas -Texas football game week. His client requested permission to erect a portable inflatable sign on top of a business on Dickson Street, and was informed by John Dietzen, Sign Inspector, that this would be in violation of the sign ordinance. This client cancelled his order and lost deposits totaling approximately $1100. However, other competitors violated this law and simply paid the fines. They felt the advertisement of having the sign was well worth the money paid in fines. Mr.Segers stated that this is a problem because the person who obeys and follows the law is the one that suffers. He suggested that an ordinance be passed which allows a waiver to the sign requirements on a temporary basis during special occasions such as home football games. 322.6 Upon discussion, it was agreed to table this matter until Mr. Segers could meet with the City Attorney and an ordinance could be drafted for consideration by the Board. SUBDIVISION/PUDS 322.7 Mayor Todd introduced an ordinance amending the City Code by permitting and regulating commercial and industrial subdivisions and Planned Unit Developments. 322.8 This item was considered in a public hearing before the Planning Commission on September 28 and unanimously recommended for approval. 322 9 City Attorney McCord read the ordinance for the first time. Director Todd, seconded by Noland, moved that the rules be suspended and the ordinance placed on second reading. 322.10 Director Osborne, seconded by Bumpass, moved that the rules be further suspended and the ordinance placed on third and final reading. Upon roll call the motion passed unanimously, and the City Attorney read the ordinance for thb third time. 322.11 Discussion was held an whether or not there should be non-public private streets in nonresidential PUDs. 322.12 Further detailed discussions on the ordinance were held and Director Noland, seconded by Bumpass, moved that the ordinance be amended so that section 4.15 b would read, ". . .Private streets within a residential PUD shall be permitted. . 1 1 November 17, 1981 323 Upon roll call the motion passed unanimously. Mayor Todd, seconded by Bumpass, moved that Section 6 and Section 7 of 323.1 the proposed ordinance be amended by having the paragraphs read, ". . .of 323.2 parking spaces in a nonresidential PUD shall be the responsibility of the landowner or a property owners' association. . ." Upon roll call the motion passed unan mously. 323.3 Mayor Todd, seconded by Noland, moved that section 4.15 read,". . .Streets 323.4 within a residential PUD. . ." Upon roll call the motion passed unanimously. Mayor Todd asked if the amended ordinance should pass. Upon roll call 323.5 the ordinance passed unanimously. ORDINANCE NO. 2779 APPEARS ON PAGE 74 OF ORDINANCE & RESOLUTION BOOK X/( 0 ACCESS ROAD/POILUTION CONTROL PLANT Mayor Todd introduced a resolution authorizing the Mayor and City Clerk to execute a contract with McClelland Consulting Engineers for the design and construction supervision of an access roadway at the Pollution Control Plant. The contract indicated a maximum cost of $2,400 for design work and supervision during construction. Another $300 was estimated to be the cost of field and laboratory testing. Any additional costs would have to be approved in advance by the Board of Directors. The project is budgeted in the 1981-82 Water and Sewer Budget. Director Noland, seconded by Sharp, moved that the resolution be approved. Upon roll call the motion passed unanimously. RESOLUTION NO. 114-81 APPEARS ON PAGE 02‘4, OF ORDINANCE & RESOLUTION BOOK )((1 1 SIDEWALK PLAN/AMEND MASTER PLAN Mayor Todd introduced an ordinance amending the Master Sidewalk Plan. The Master Sidewalk Plan ordinance, passed in 1980, requires that property owners install a sidewalk along their property if one is shown on the Master Sidewalk Plan and: 1. A "new structure is being built" on the property; or 2. An "existing residential structure" on the property is "being modified so as to increase the number of dwelling units located therein or to change the use to a nonresidential use." The proposed amendment would add a third instance: when "a parking lot or parking garage" is constructed or enlarged on the property. The City Attorney read the ordinance for the first time. Director Osborne, seconded by Noland, moved that the rules be suspended and the ordinance placed on second reading. Upon roll call the motion passed unanimously and the City Attorney read the ordinance for the second time. Director Osborne, seconded by Bumpass, moved that the rules be further suspended and the ordinance placed on third and final reading. Upon roll call the motion passed unanimously, and the City Attorney read the ordinance for the third time. Upon discussion, Director Noland, seconded by Osborne, moved that the ordinance be amended to state, ". . .on which a public parking lot or parking garage is constructed or enlarged." Upon roll call the motion passed unanimously. Upon further discussion, Director Osborne, seconded by Sharp, moved that the ordinance be amended to read, "on which a parking lot or parking garage, having a minimum capacity of seven (7) automobiles, is constructed or enlarged." Upon roll call the motion passed unanimously. Mayor Todd asked if the ordinance should pass as amended. Upon roll call the amended ordinance passed unanimously URCINANCE & RESOLUTION BOOKXll ORDINANCE NO. 2780 APPEARS ON PAGE g 7 OF 323.6 323.7 323.8 323.9 323.10 323.11 323.12 323.13 323.14 323.15 323.16 323.17 323.18 323.19 STREET NAMING/INDUSTRIAL DRIVE - Director Sharp, seconded by Noland, moved that a new street in the Fayetteville Industrial Park be named "Industrial Drive" as requested by the Fayetteville Industrial Development Corporation. Upon roll 324 call the motion passed unanimously. STREET NAMING/BYPASS( 324.1 Director Bumpass gave a report from the Board Street Committee concerning names for the Bypass (U.S. Highway 71), the inner Bypass service road, and the outer Bypass service road. The following names were suggested: 324.2 For the Bypass (U.S. Highway 71): Fulbright Expressway For the inner Bypass service road: Futrell Drive For the outer Bypass service road: Shiloh Drive 324.3 Director Osborne stated that he did not particularly like these names because he felt that persons might confuse Futrall Drive and Shiloh Drive. 324.4 Upon further discussion, Director Sharp, seconded by Bumpass, moved that the above names be approved. 324.5 Upon roll call the motion passed by a 3-2 vote, with Directors Todd and Osborne voting in the minority. ZION PLACE 324.6 Director Bumpass, seconded by Sharp, moved that the Old Zion Road be named "Zion Place." 324.7 Upon roll call the motion passed by a 5-0 vote. LOT SIZE WAIVER/DALE WARD 324.8 Mayor Todd introduced a request lot size requirements for subdivided service. The petitioner was Dale A. was 1.36 acres. The land is located of the Dowell Cemetery. 324.9 Upon discussion, Director Nolan be granted. 324.10 Upon roll call the motion passed for a waiver from the 1.5 acre minimum property not having access to sewer Ward and the tract of land needing water west of Cato Springs Road and north d, seconded by Sharp, moved that the waiver unanimously. PARKING LOT/519 WEST DICKSON STREET 324.11 Mayor Todd introduced a request by the City Manager's Office for authorization to advertise for bids for the sub -lease of the parking lot west of 519 West Dickson Street. 324.12 The City is currently leasing this lot for $150 per month from the Hintons, with the lease to expire in 1984. Because of severe vandalism problems, the parking meters were removed from the lot and the City is therefore esentially using tax funds to subsidize free parking. 324.13 Under consideration at this time is a proposal to sub -lease this lot on a year -by -year basis to the high bidder, for it to be used for customer parking, long-term parking, or any purpose consistent with the zoning requirements. 324.14 City Attorney McCord stated that the Hinton's attorney had requested that this item be tabled as he is in the process of discussing lease arrangements with some persons and that if this can be worked out that the Hinton's could cancel the City's lease. 324.15 Mayor Todd, seconded by Bumpass, moved that the item be tabled. 324.16 Director Osborne stated that he was not in favor of cancelling the City's lease if the City could sublease it and raise revenue. 324.17 One merchant from Dickson Street was present and expressed an interest in using this lot. 324.18 Upon discussion, Director Osborne, seconded by Bumpass, moved that the City Manager's Office be authorized to advertise for bids for the purpose of subleasing the lot, to be used for customer parking, long-term parking, or any purpose consistent with the zoning requirements. The proposals would have to include the purpose for which the lot would be used. 324.18 Upon roll call the motion passed by a unanimous vote. BID AWARDS 324.19 Bid No. 466 was previously awarded to H.K. Brewer Electric out of Little Rock, Arkansas. However, this company refused to honor the City's purchase order 1 1 1 November 17, 1981 325 stating that the price bid did not include the topshaft. After consulting with the City Attorney, Purchasing Agency Mackey is recommending that the bid be awarded to the only company that met the bid specifications, Stuttgart Machine Works, Stuttgart, AR in the amount of $1781.46. Purchasing Agent Mackey is recommending that a diesel fuel bid be awardedin Northwest Oil Company at the price of $1.0850 per gallon. This award is for approximately 20,000 gallons of fuel, for a total award of approximately $21,700. Director Osborne, seconded by Noland, moved that both these bid awards be awarded as recommended by the purchasing agent. Upon roll call the motion passed unanimously. OTHER BUSINESS CITY HOSPITAL City Attorney McCord requested approval of a resolution amending the legal description for property contained in the City Hospital's recent land transactions. Director Osborne, seconded by Todd, moved that the resolution be approved. Upon roll callthe motion passed unanimously. RESOLUTION N0. 115-81 APPEARS ON PAGE A7411 -OF ORDINANCE & RESOLUTION BOOK )(J► QUITCLAIM DEED/ALLEY City Attorney McCord requested approval of a quitclaim deed to the City Hospital for property contained in a vacated alley in Block 37 of the original town of Fayetteville. Director Osborne, seconded by Todd, moved that the resolution be approved. Upon roll call the motion passed unanimously. RESOLUTION N0. 116-81 APPEARS ON PAGE a 75 OF ORDINANCE & RESOLUTION BOOK XI LIGHTS ON CENTER STREET Director Osborne stated that donations had been solicited from businesses on East Center Street and that less than $100 was needed collect the needed amount for street lights. He explained that the had agreed to furnish the labor for installing the street lights if businesses would provide the lights. Assistant City Manager McWethy explained that there could be a price increasein;the lights and this should be considered. Director Osborne, seconded by Bumpass, moved to appropriate up if necessary for these lights on East Center Street. Upon roll call motion passed unanimously. LIGHTING ON SQUARE Discussion was held on the possibility of reducing the lighting on the square during the late hours of night and early hours of morning. The staff was instructed to check into this possibility. to City the 325.1 325.2 325.3 325.4 325.5 325.6 325.7 325.8 slight 325.9 to $200 the MINUTES The minutes of the 11-3-81 meeting were approved with the following corrections: Paragraph 305.11 should read, ". .He said that Director Bumpass was recommending an habitual offender ordinance. . ." Paragraph 308.5 should read, ". . .in cooperation with the City of Fayetteville Advertising and Promotion Committee, the University, Arkansas Council of Arts, and local money. ." 325.10 325.11 325.12 325.13 325.14 326 326.1 Paragraph 308.6 should read, " . .four or five years ago and that the. . 326.2 Paragraph 314.5 should read, ". .an ordinance accepting the dedication of the newly construrted portion of Zion Road. . " 326.3 Paragraph 314.7 should read, ". . .if the culvert adjoining Mr. Giese's property fails. . ." ADJOURNMENT 326.4 There being no further business, the meeting adjourned at 11:25 p.m. • 1 1