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HomeMy WebLinkAbout1986-12-02 Minutes444 MINUTES OF A MEETING OF THE FAYETTEVILLE BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, December 2, 1986 at 7:30 p.m. in the Directors' Room of City Hall, 113 W. Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Noland; Directors Bumpass, Lancaster, Martin and Orton; City Manager Grimes, City Attorney McCord, Department Directors Burch, Coates and Linebaugh, City Clerk Kennedy; members of the press and audience. ABSENT: Directors Hess and Johnson ROLL CALL The meeting was called to order by Mayor Noland with five Directors present. The Mayor asked for a moment of respectful silence. REZONING/HWYS. 16E & 265 444.1 The Mayor introduced an ordinance rezoning 4.3 acres located south of Highway 16 East at Highway 265, at the request of J. C. and Daisy Jones, from A-1 "Agricultural" and R-1 "Low Density Residential" to C-2 "Thoroughfare Commercial". The Mayor reported the Planning Commission voted, 6-2, to recommend approval, but that the Planning Consultant, Larry Wood, prepared a report which did not recommend the rezoning because: 444.2 1. Commercial development at this intersection is not in agreement with the General Plan; 2. Allowing uses which rely on frequent in and out traffic will add to an already hazardous intersection; and 3. Commercial zoning at this location will encourage commercial strip development of Highway 16 East. J. C. Board still begin which Jones Jones, in answer to a question from Director Orton, told the that the drainage which has been going through the area will go to the same place. He said the land was in the flood plain to with, but the Corps of Engineers surveyed and approved "fill" has been added, making the property above the flood plain. Mr. explained he planned to have storage units on the property. 444.3 Director Martin said he understood the intersection has been redesigned and will be the type of intersection at which C-2 zoning is normally December 2, 1986 permitted. The Mayor pointed out the property was located a little bit east of the intersection. It was clarified by Planning Director Sandra Carlisle that storage units are only permitted in a C-2 or I-2 zone. Director Bumpass said he thought storage units would be an inoffensive use at that location. Bumpass said he did not think the location was truly an intersection, but was simply fronting on the highway. Director Bumpass asked the petitioner if he would be willing to offer a Bill of Assurance that he would develop only storage units on the property. Mr. Jones replied that he would not make that offer, but would offer a Bill of Assurance that he would not build "a liquor joint or anything to do with alcohol" at that location. Director Orton pointed out that rezoning is done for uses which are permitted in the specific zoning district, not for a particular use. There was some question raised as to was zoned C-1 or C-2, with Carlisle on the Planning Office map. She recommended C-1 but it was rezoned whether property across the street stating that it was designated C-2 said the Planning Commission had C-2 by the City Board. Carlisle told the Board that the northwest corner of the intersection was zoned mostly A-1, with a small amount of R-2 zoning. The Mayor asked if anyone in the audience wished to speak for or against the rezoning. The neighbor to the west told the Board he was in agreement with the rezoning and felt that because of the traffic at the intersection, the property will ultimately go to commercial. He said he talked to several neighbors who didn't seem to be in opposition. Director Lancaster asked if the property could be zoned C-1 and the owner be given authority to have storage units on the property. The City Attorney explained that, under Arkansas law, a use variance cannot be granted. The City Attorney read the ordinance for the first time. Director Martin made a motion to suspend the rules and place the ordinance on its second reading. There was no second to the motion. Director Bumpass said he had no opposition to storage units being place on the property but could not go along with C-2 zoning based upon the recommendations of the Planning Consultant, and would only vote for R-0 zoning. Director Martin commented that this was a major intersection and that C-2 was the recommended zoning for major intersections. Martin added that a redesigned intersection was precisely the one to accommodate heavy traffic. 445 445.1 445.2 445.3 445.4 445.5 445.6 445.7 445.8 445.9 44G December 2, 1986 446.1 Director Lancaster said he wondered if the neighbors, in hearing that Jones was building storage units, realized the other uses which would be permitted under C-2 zoning. The petitioner said he had letters from neighbors stating they had no objection to any kind of a business as long as it didn't have anything to do with liquor. 446.2 Director Bumpass, seconded by Orton, made a motion to deny the request. Director Lancaster stated he would prefer to leave the ordinance on first reading until the next Board meeting when more Directors can be present. Upon roll call, the motion passed, 3-2, with Directors Lancaster and Martin voting in the minority, and Directors Hess and Johnson absent. REPORT TO THE PUBLIC 446.3 presented the monthly Report to the Public and of November, in which he reported six workers' resulting in five lost days of work. He said the snow and ice program is ready to mobilize when needed. He explained the first concern during bad weather will be to respond to calls to the Police Department, that the clearing of the busiest streets will have top priority, followed by arterials and collectors, with residential streets receiving the lowest priority. The Mayor commented that in the past a map was published in the newspaper informing citizens which streets would be treated first. The City Manager said this was a good idea which will be pursued. Director Lancaster said it has been suggested that the State Highway Department clear their roads, leaving City crews to work on City streets. Grimes commented that sometimes the State crews cannot spend much time on those routes. 446.4 446.5 446.6 City Manager Grimes Board for the month compensation claims, Grimes explained that an unusually rainy Fall has slowed down some street projects which have been carried over into 1987. In answer to a question from Director Bumpass, Grimes explained the State Highway project at Highway 265 and 45 is farther along than 50%, but that the rainy weather has slowed them down. Grimes said he would check again into this project. In answer to a question from Director Lancaster, Grimes stated that the project on Gregg Street is close to completion, with sidewalk, driveway and cleanup work remaining to be done. Grimes said he would provide a report on the City's labor and equipment pool at the next meeting when all seven Directors are present. The City Manager asked Public Works Director Deryl Burch to report on the water main incident which occurred on November 22. 446.7 Burch showed on a map the location of the two valves involved in the incident, the location of the south valve which eventually failed during the refilling of a section of line, and the location of a new December 2, 1986 36" valve which was installed. Burch showed on the map the location of "minor" breaks which he said broke, in 90% of the cases, from corrosion rather than from structural failure. He said there were major breaks on Garland and North College Avenues. Burch reported 54 breaks have been repaired, with 17 breaks related to the incident still to be repaired. He reported the costs of labor and overtime to be $29,824, costs for repair of the 24" valve estimated at $5,000, and $18,150 for cleanup and street patching, for a grand total estimate of $48,000. Burch thanked the following for their help during the incident: Springdale Water Department, Cities of Rogers, Bentonville and Morrilton, County Judge Charles Johnson, J. D. Sweetser, McClinton - Anchor, Lee Sharp, Ben Jamerson, State and County Health Departments, Beaver Water District, Iry Wimberly, Dick Starr, McDonald's, Wendy's, Michel A's, Pizza Hut, schools, hospitals, and the media. Burch thanked the City employees and added that some of them showed up to help without even being asked. Director Martin asked Burch what precisely happened to make the valve fail. Burch explained the valve was locked in the open position and for some unknown reason the valve structurally failed and slammed shut during the process. Director Bumpass asked if the manufacturer of the valve had any potential legal liability. Burch said he did not know, and said the valve has been in place since 1971. FOURTH LOT SPLIT The Mayor introduced a request from George Faucette, Jr., for Board approval of a fourth lot split for property fronting on Gully Road. The Mayor reported there had been three administrative lot splits on the parent tract, and noted there were Covenants on the property which forbid further splits or subdividing without complying with City and County subdivision requirements. Director Martin, seconded by Bumpass, made a motion to approve the fourth lot split. Upon roll call, the motion passed, 5-0. SIGN ORDINANCE AMENDMENT The Mayor introduced a request from the Public Safety Director for an ordinance which would amend the City's sign ordinance as it applies to real estate signs; tabled from the November 18 meeting. The City Attorney told the Board they had before them two alternative ordinances. He recommended the ordinance authorizing the use of platform real estate signs as being more appropriate if they wished to grant relief in this area. He explained this ordinance would authorize a new sign defined as a "platform" sign to be used as a real estate 447.1 447.2 447.3 447.4 447.5 447.6 447 448 December 2, 1986 sign subject to the existing display surface restrictions and a setback restriction to be specified by the Board. Director Orton suggested a minimum setback of 15 feet from street right-of-way, noting this is the same requirement for freestanding signs. 448.1 In answer to a question from Director Lancaster, the City Attorney said real estate signs could only state "for sale" or "for lease" but that the ordinance does not specify a duration period for the signs. Lancaster said he would be opposed to these signs if they were allowed to be permanent. The City Attorney stated the definition of "real estate sign" states that it is "...a temporary sign placed upon property for the purpose of advertising to the public the sale or lease of said property...". 448.2 .The City Attorney pointed out the recommended ordinance does not contain minimum lettering size as was contained in the draft of a previous ordinance. He recommended the Board not get into regulation of size of lettering, stating the law is clear any ordinance needs to be "content neutral", otherwise the ordinance would be much more subject to constitutional attack. 448.3 Director Orton asked about a situation such as an apartment building which installs a platform sign and leaves it up all the time. The City Attorney said that would be a violation of the ordinance and could be enforced by criminal prosecution or injunctive relief in Chancery Court. He said it would be a mistake to try and define "temporary" because of the circumstances surrounding sale or lease of property. 448.4 The City Attorney read the recommended ordinance for the first time. Director Lancaster, seconded by Bumpass, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 5-0. The ordinance was read for the second time. Director Bumpass, seconded by Lancaster, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 5-0. The ordinance was read for the third time. 448.5 The Mayor asked if anyone in the audience wished to speak against the ordinance. No public opposition was expressed. upon roll call, the ordinance passed, 5-0. ORDINANCENO. 3231 APPEARS ON PAGE /6' / OF ORDINANCE & RESOLUTION BOOK X)(1,' POWER LINE/OPERATIONS CENTER 448.6 The Mayor introduced a request from Ozarks Electric Cooperative to construct and maintain an overhead power line at the Operations Center on Cato Springs Road. December 2, 1986 The City Attorney reported that, after reviewing the franchise between the City and Ozarks, he has determined that this should be treated as an informational item not requiring Board action. He said the franchise gave them the right to erect their facilities above public ground. SOLID WASTE PROJECT ITEMS Director Orton moved to table the next four agenda items pertaining to the Resource Recovery project until all Board members can be present. The motion was seconded by Director Lancaster and upon roll call, passed by a vote of 5-0. BID AWARD The Mayor introduced consideration of the award of Bid #738 for laboratory equipment for the Wastewater Treatment Plant. The Mayor reported the Public Works Director recommends the bid be awarded to Curtin Matheson Scientific for two items totaling $9,110.56; and for two other items for which bids were not received, staff recommends purchasing the equipment for a total of $3,845 from Fisher Scientific. Director Bumpass, seconded by Martin, made a motion to award the bid as recommended by the Public Works Director. Director Lancaster asked if any of these items should have been included in original bid for the Plant. Burch said these were items which have worn out or need to be added. Director Martin questioned the accuracy of the bid total of $9,110.56. It was clarified this amount should instead be $6,872.56. Upon roll call, the motion passed, 5-0. RADIO SYSTEM REPORT Public Safety Director Marty Coates referred to a report to the Board on the testing and updating of the radio system. Coates introduced Tom Wright of Motorola Communications and Electronics, Inc. Director Bumpass asked Wright to define "multi -path", the phenomena which the report states is being experienced by the radio system. Wright said it would not go away but, if it doesn't cause unintelligible communications, it is a negligible problem. Wright said this phenomena exists on any repeater system. 449 449.1 449.2 449.3 449.4 449.5 449.6 449.7 449.8 449.9 450 450.1 450.2 450.3 December 2, 1986 Lt. Rick Hoyt, who performed the test of the system, reported to the Board that multi -path occurs anyplace where there is no direct line of site to the tower, but only occurs when you are moving. Hoyt said this was the single largest complaint as far as noise. Director Martin asked if this same multi -path would be experienced in another community with similar terrain. Wright said, under similar conditions, the same amount of multi -path would be experienced. He added that Little Rock, although it is not as hilly, experiences multi - path. Director Lancaster asked Tom Wright if he was in a position, on behalf of Motorola, to guarantee the original contract. Wright said their contract promises to provided 90% coverage 90% of the time. Director Lancaster asked if the contract specified "noise free communications". Wright said the contract specified "intelligible communications". 450.4 Director Bumpass asked what the problem was with the "telephone interconnect device". Wright said this has been a computer programming software problem, in that Motorola has had to develop a new program because of the police fleet size. He said their shipping date on this is December 27. 450.5 Administrative Services maintenance contract. contract with Motorola. will expire on December Director Linebaugh asked Linebaugh recommended a It was pointed out that 31, and that the warranty for Board action on a one-year maintenance the warranty on parts on labor has expired. 450.6 Director Lancaster asked who would do the work, and where, under the maintenance contract. Wright explained Motorola would sub -contract maintenance to whomever they feel is most qualified and able to meet the City's requirements. Ed Leopard, Service Manger for Motorola, told the Board they would provide local service and quick and efficient turnaround time. He said the radios would be serviced in Fayetteville but certain items, because of their high technical nature, may have to be sent out of State. 450.7 In answer to a question from Director Martin, Linebaugh stated he recommended approval of the contract and recommends only a one-year period on a trial basis. Public Safety Directors Coate concurred in the recommendation. 450.8 Director Martin, seconded by Orton, made a motion to approve the agreement. 450.9 Mayor Noland asked how much the City has spent on radio maintenance in the last two years. Linebaugh said the proposed contract will be more expensive than what has been spent in the past. It was month. per it December 2, 1986 clarified that the contract costs would amount to $3,446.15 per Leopard stated this would amount to a cost of 42 cents per day, em. He said the City was receiving a 30%-45% break because Motorola wants their business. Purchasing Officer Mackey estimated the City, in the past, spent about $270-$325 for change -out of equipment, and $35-$45 minimum charge per breakdown, plus parts and labor for repair, running anywhere from $65- $120 per call. On station equipment, Mackey estimated the City paid about $450 per call. In answer to a question from Director Lancaster, Leopard stated Motorola would provide quarterly maintenance on the high tech equipment, and annual maintenance on the remainder of the equipment. Upon roll call, the motion passed, 4-1, with Director Bumpass voting in the minority. RESOLUTION NO. 116-86 APPEARS ON PAGE 31.74 OF ORDINANCE & RESOLUTION BOOK X X V I I WATER & SEWER COMMITTEE REPORT The Mayor reported the Board Water and Sewer Committee met on November 26 to discuss the Wedington Sewer Improvement District. The Mayor said there has been a new proposal from the engineers which the staff has not had a chance to evaluate, and asked if this item could be tabled until the special Board meeting of Friday, December 5. Director Lancaster, seconded by Orton, made a motion to table until the next Board meeting. Upon roll call, the motion passed, 5-0. FINANCE COMMITTEE Director Martin reported the Board Finance Committee met on November 26 to review the projects economics of the Resource Recovery Project, but did not have time to take up other items on the committee agenda. OTHER BUSINESS U.S. ARMY RESERVE CENTER CONTRACT MODIFICATION The Mayor introduced a proposed contract modification with the U. S. Army Reserve Center on Woolsey Avenue, to provide them with water, sewer and sanitation service at established rates, and to comply with all local, State, and federal laws while providing the services. The 451 451.1 451.2 451.3 451.4 451.5 451.6 451.7 451.8 452 December 2, 1986 452.1 Mayor pointed out these services are already being provided but this is a more formal contract. • 452.2 Director Bumpass, seconded by Lancaster, made a motion to approve the contract modification. Upon roll call, the motion passed, 5-0. 452.3 RESOLUTION NO. 117-86 APPEARS ON PAGE 90OF ORDINANCE & RESOLUTION BOOK XX✓II SOLID WASTE FACILITY SITE Director Lancaster, seconded by Bumpass, made a motion to table consideration of property acquisition for the solid waste disposal site until such time as the other solid waste agenda items are considered. Upon roll call, the motion passed, 5-0. ABC PERMITS RESOLUTION 452.4 Director Bumpass introduced a resolution opposing the issuance by the Alcoholic Beverage Control Board of any permit authorizing the sale by grocery stores or quick stop markets of beer or wine for off -premise consumption. Bumpass said the resolution would be forwarded to the ABC. Bumpass said there is a permit currently pending and it is his belief that if it is approved there will be a proliferation of applications for other permits. Bumpass said he thought it was not in the best interests of the community to have these many other locations for the purchase of alcohol in the City. 452.5 Director Bumpass, seconded by Lancaster, made a motion to pass the resolution as stated, to be forwarded to the ABC. 452.6 Director Bumpass said, if the resolution is passed and, when the full Board is present, he would like to ask the City Attorney to consider drafting an ordinance which would prohibit this type of application in the future. 452.7 A citizen in the audience stated neighboring cities and states have all allowed alcohol to be sold in convenience stores. He said he did not think it would increase drunk driving or sales to minors, but thought it decreased such sales because the minor can be more easily seen by a clerk inside the store than from a dark car at a drive -up window. 452.8 Director Martin stated he supported the resolution, but said he thought it was a complex issue which deserved more careful thought. He stated he would abstain for those reasons. Director Lancaster stated he disagreed, commenting that the Board made this decision before. December 2, 1986 Director -Elect Paul Marinoni, Jr. stated he wished to comment on this matter from the standpoint of a citizen. He stated he was opposed to the sale of liquor through convenience stores. He pointed out to the Board there were 22 package liquor stores in Fayetteville and said he thought liquor laws would become unenforceable if liquor is sold through convenience stores. Upon roll call, the motion passed, 4-0-1, with Director Martin abstaining. RESOLUTION NO. 118-86 APPEARS ON PAGE Y.2. OF ORDINANCE & RESOLUTION BOOK XX✓ 0 The Mayorasked the City Attorney to research the possibility of an ordinance for full community discussion. SPECIAL BOARD MEETING A special Board meeting was set for Friday, December 5 at 8:00 a.m. to consider those items tabled at this meeting, as well as the purchase of an IBM computer system. CITIZEN COMMENTS William Giese, Fayetteville citizen, said a lot of people are unhappy about the recent water main problems. He said he thought there were accepted practices and procedures which have been in use for a number of years to prevent what happened. Giese said he was not satisfied with the reasons given by the Public Works Director, and he read in the paper that this could happen again at any time. He asked what would happen if there were a fire and a valve suddenly closed. Giese said he did not believe the cost estimates, and would like to see a public report as to why the valve failed. Giese said he understood the City was spending $100,000 at the Wastewater Treatment Plant site for landscaping. He said the area would look nice with bermuda grass and trees, and no maintenance other than keeping the grass cut. Giese said he thought the City needed to change its "lifestyle". Giese said he read in the paper some employees worked 52 hours continuously and commented that, after that amount of work, a person is a hazard to themselves and others. 453 453.1 453.2 453.3 453.4 453.5 453.6 453.7 454 December 2, 1986 MINUTES 454.1 The Minutes of the November 6 meeting were approved. The Minutes of the November 12 meeting were approved, with the following corrections: 421.6 Add "...because a Board could only fire the employees which it has hired." 421.8 Change "agreement" to "disagreement" 454.2 The Minutes of the November 18 meeting were approved, with the following corrections: 425.1 Add "...with Directors Bumpass and Orton voting in the minority." 425.6 Change "an extension" to "the execution" 428.7 Add "but that it may not need to be built to full City standards." 434.8 "grand" should be "grant" 436.5 In the last line, delete "would" JOHNSON & SONS MOTOR COMPANY 454.3 The City Attorney noted he had distributed a memo to the Board regarding the status of Johnson & Sons Motor Company property at the intersection of 9th Street and South School Avenue, in which it states that the portable building is legal, but that the unimproved parking lot is not legal. He added that there is the possibility of a Building Code violation which will be pursued. 454.4 ADJOURNMENT The meeting adjourned at about 9:17 p.m.