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HomeMy WebLinkAbout1987-02-17 Minutes1 1 1 MINUTES OF A MEETING OF THE FAYETTEVILLE BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, February 17, 1987 at 7:30 p.m. in the Directors' Room of City Hall at 113 W. Mountain Street, Fayetteville, Arkansas PRESENT: Mayor Johnson; Directors Lancaster, Martin, Kelley, Marinoni and Hess; City Manager Grimes, Department Directors Burch, Coates and Linebaugh, City Attorney McCord, City Clerk Kennedy; members of the press and audience ABSENT: Director Bumpass CALL TO ORDER The meeting was called to order by Mayor Johnson, with six Directors present. The Mayor asked for a moment of respectful silence. REZONING The Mayor introduced an ordinance rezoning property as requested in Rezoning Petition R87-2, submitted by P. R. Green Trust, to rezone approximately five acres located on the northeast corner of Garland Avenue and Sycamore Street, from R-1 "Low Density Residential" to R-2 "Medium Density Residential.The Mayor reported the Planning Commission recommended approval by a vote of 6-3. 45.1 The City Attorney read the ordinance for the first time. 45.2 The Mayor asked if anyone in the audience wished to speak in opposition to 45.3 the rezoning. Sara Barber, resident of 1772 North Oakland, told the Board there was a terrible traffic problem at Sycamore and Oakland and at Bel Air and Garland. She said any more development would make the problem worse. The Mayor asked if anyone wished to speak in favor of the rezoning. Robert 45.4 Whitfield told the Board he was representing the P. R. Green Trust. He said it was not their intention to build apartments but to build individual homes with zero lot lines. He said, because of the peculiarities of the zoning ordinance, they have to request R-2 zoning. The Mayor remarked that Mr. Whitfield had presented a Bill of Assurance at 45.5 the Planning Commission hearing which would restrict density to that of an R- 1 district. Whitfield said he was told that 35 homes would be permitted in an R-1.5 zone, but his tentative plat calls for 43 homes. Director Marinoni said he had attended the Planning Commission meeting where a lot of people showed up in opposition to the rezoning. He said a large petition was presented in opposition. He said Whitfield explained his proposal 45 45.6 46 February 17, 1987 46.1 was to build duplexes which would be "condo -ed through a zero lot line", or two houses back-to-back with a common wall. Marinoni said the zoning ordinance requires R-2 zoning before condominiums are permitted. Marinoni said that, after Whitfield explained his intentions, much of the opposition backed down. Marinoni also said he did not feel the opposition was present tonight which was present at the Planning Commission meeting. Marinoni said he had no problem with the proposal. 46.2 Director Hess said the Planning Commission motion included a provision that the density be no more than nine units per acre, allowing Whitfield 43 units. Hess said he had no problem with the proposal, except that there was only one means of ingress and egress. Hess said there was potential for a severe traffic problem. Whitfield said that the Plat Review Committee will make a determination whether part of the plan will include the need to "loop back into Garland". Whitfield said he thought the majority of the buyers would be student oriented and would use the bus route. Whitfield said he will be required to build an extra lane, with curb and gutter, on Sycamore. 46.3 Director Martin, seconded by Marinoni, made a motion to suspend the rules and place the ordinance on its second reading. 46.4 Director Lancaster commented that the plat of the development showed a gravel drive onto Garland. He asked Whitfield if he could build a street there. Whitfield said he did not know what the Highway Department would require but was willing to do what was in the best interests of the community. 46.5 Gladys Crittenden, resident of 1773 North Oakland, addressed the Board. She said she felt there were not many present in opposition at this meeting because of the weather. She said those opposing the rezoning feel no different now than they did in the past, but feel they have a good quality neighborhood with ample apartments around them already. Whitfield said it would be a townhouse development with no more than two homes joined together on individual lots. Crittenden said there was enough water already standing in the yards adjoining the land and she asked Whitfield what he planned to do about drainage. Whitfield said he would submit a drainage plan to the City which must be approved by a Plat Review Committee. He said it had been his experience that he improved drainage as a result of developing property. He said he noticed water standing in the area but said that won't be the case when he is finished with the engineering. Crittenden asked Whitfield what he was planning to do about the traffic. She said she watches constant traffic on Garland every morning from about 6:00 a.m. to 8:00 a.m. and there was too much traffic in the area now. She said there were accidents at the corner of Garland and Deane and pointed out there was a day care center for small children at Sycamore and Garland. Crittenden said she was highly opposed to the rezoning. Whitfield said he perceived that, when Garland and Sycamore Streets are expanded under the Master Street Plan, traffic problems will be somewhat alleviated. Whitfield said there will be traffic because of the high density of housing in the area. 1 1 1 • February 17, 1987 In answer to a question from the Mayor, City Manager Grimes said plans for 47.1 improving the portion of Sycamore between Leverett and Garland are slated for three to four years in the future. Planning Director Carlisle said the Oakland Community Development drainage project was dropped because of high costs. Upon roll call, the motion passed, 6-0. The City Attorney read the ordinance 47.2 for the second time. Director Martin, seconded by Kelley, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 6-0. The ordinance was read for the third time. The Mayor asked if anyone else in the audience wished to speak. Datha 47.3 Mullins, residing at 1771 North Oakland, expressed objections to the drainage problems which would he created, stating there was already a pond in that area. She said the traffic would be terrible for the many school children who walk through the areas where there is no sidewalk. She said as well that there were many elderly persons in the neighborhood who will be disturbed by noise problems. Ms. Mullins said she thought the zoning should be left R-1. Upon roll call, the ordinance passed, 6-0. 47.4 ORDINANCE NO. 3243 APPEARS ON PAGE /a 3 OF ORDINANCE & RESOLUTION BOOK ,Kxi ✓ Director Hess asked that the minutes reflect that he hoped Whitfield would give consideration to the possibility of access through the development to Garland. Mayor Johnson said the considerations of drainage and traffic congestion should be addressed at Plat Review Committee meeting. PARK PLACE PLAT The Mayor introduced a request for the developer of Park Place for approval of a graveled emergency road from the subdivision to Crossover Road. Johnson noted this request was heard by the Planning Commission and referred to the City Board with no recommendation. Dave Jorgensen, representing J. B. Hays, explained that in December they made a request for a waiver of the provision in their contract with the City which provides that "no lots will be sold in Phase IV, nor will any building permits be issued for lots in Phase IV, until a street is constructed connecting Phase IV with Crossover Road". Jorgensen said that, as a result of their last hearing before the Board, they request permission to install a temporary gravel road which would connect the east end of Phase 5 with Highway 265. He explained the road would contain drainage culverts. He said the purpose of the road would be to allow emergency vehicles to access the subdivision from more than its one entrance off Highway 45. Jorgensen said they wish to install removable barricades to discourage traffic from cutting through the subdivision to avoid the intersection. 47.5 47.6 47.7 • 48 February 17, 1987 48.1 Planning Director Carlisle clarified that what was presently before the Board was a concept plat, and not the replat of the Hays Addition just west of Phase 1. 48.2 Jorgensen said there were complaints regarding possible dust from the road and he offered to provide either oil or chip and seal for the road. Jorgensen said eventually a permanent street will be built to access Highway 265. He said Phases 4 and 5 are planned for construction this year, with Phases 5A and 8 planned for next year. In answer to a question from the Mayor, Jorgensen said there were 18 lots proposed for Phase 4 and 24 lots for Phase 5. 48.3 In answer to a question from Director Lancaster, Jorgensen said the original overall plat had not changed, other than the fact that the original Phase 7 is now the Hays Addition. Jorgensen told Lancaster the permanent road would he installed when Phase 8 is developed, although he did not know exactly when that would happen. Lancaster asked how emergency vehicles would get past a barricade. He added that he saw no need for the road to be made dust -free if its intended use was for emergencies only. Lancaster said he thought there should be some written guarantee regarding when the permanent road would be built. 48.4 The City Attorney suggested that, if the Board is receptive to the proposal of the temporary emergency road not meeting full City standards, the Board might approve a modification of the contract to provide that a temporary, dust free street connected to Highway 265 be approved for the phases in question, and that the developer be required to construct an access to Highway 265 meeting full City standards either by a specified date or before development of a specified phase is permitted. Lancaster said he would prefer a two-year limit. 48.5 Director Martin concurred in Lancaster's concern regarding the eventual building of the road, but said he felt if the temporary road were built immediately and there was no further development, he would hate to impose a deadline which might turn out to be unnecessary. 48.6 Director Marinani said he thought it was the City Board who suggested a temporary road as a solution. Marinoni suggested the Board approve the temporary road but limit it to Phases 4 and 5 without a time limit, but require the developer to build a permanent road before proceeding with Phases 5A, 6 and 8. Director Hess asked if the temporary road would be removed later. Jorgensen said the route chosen for the temporary road is at a place where there is an existing roadbed and gate out to the highway. He pointed out the road would have no curb and gutter. Jorgensen said he had no objection to Marinoni's proposal. 48.7 Director Johnson objected to gating the road and asked what type of road would be constructed. She said she had a problem with 102 cars using one exit onto Highway 45. Director Hess suggested a sign be posted denoting the temporary road was for emergency access only, as opposed to using a barrier. Jorgensen reiterated that the intent of the barricade was only to minimize traffic. He said the road would be 20-24 feet wide with an SB2 surface, 1 1 February 17, 1987 possibly with a light chip:. and seal or, oiled surface, with culverts at appropriate locations. • 49.1 Public Safety Director Coates said the staff envisioned a "break away 49.2 barricade" which could be pushed down readily by an emergency vehicle, and which would be at the expense of the developer. Johnson asked Coates if he did not think there was a safety problem with 102 cars exiting from one access onto Highway 45. Coates said they felt one access would work okay for Phases 4 and 5, but the emergency entrance was needed for phases beyond Phase 5. Johnson said in the past it was the Planning Commission's position to require another exit when there were more than 20-40 lots. Director Martin said this may have been a "rule of thumb" but he did not believe there was any such requirement in the City Code. Director Martin, seconded by Marinoni, made a motion to approve the 49.3 - temporary road as proposed and limited to the development of Phases 4 and 5 only. Director Martin stated his understanding was that the developer would be required to install the permanent road before commencement of any phase beyond Phase 4 or Phase 5. Martin said the break -away barricade was not included in his motion as he sensed a willingness on the part of the developer to work with the city staff and the neighbors to keep down dust. Ray Strain, homeowner in the area, said the road was only one of many 49.4 questions remaining in the development, some of which are size requirements for houses, the Hays Addition, and pavement requirements for the road to be installed immediately behind his house. He said he and the Homeowners Association have asked Dr. Hays to meet with them and settle a lot of the questions. Planning Director Carlisle explained that all plat requirements for the subdivision would have to be reviewed first by the Plat Review Committee, then the Subdivision Committee, and finally the Planning Commission. The City Attorney pointed out that the City Ordinance does not regulate house size or enforce restrictive covenants. Director Hess said in his experience a homeowners association could arrange to meet with members of the Planning Commission and ask that they be permitted to review any building permits for the subdivision to be sure the houses would be in compliance with their covenants. Strain asked that no more decisions be made concerning any aspect of Park Place until there are complete plans for the entire development. Director Hess said the Board is only delaying the construction of a permanent street. He pointed out the permanent street will have to meet all City specifications. He added that the City has no authority over a builder who violates the terms of the covenants. Upon roll call, the motion passed, 5-1, with Johnson voting in the minority. 149.5 SIDEWALK WAIVER The Mayor introduced a request from Barbara Lee for a waiver of the sidewalk 49.6 requirement for a residence located at 2460 Common Drive, located north of Township Street, between North College Avenue and Old Wire Road. The 4 :9 1r February 17, 1987 50.1 Mayor added that the waiver was recommended by the Public Works Director and Planning Director because of the topography. 50.2 Director Martin, seconded by Marinoni, made a motion to approve the waiver. 50.3 Director Marinoni said he had looked at the lot. He told the Board the street was divided by a planter box. He said the Master Sidewalk Plan required sidewalks on both sides of this street but, for some reason, no sidewalk has been installed in front of any of the completed houses on the east side. He said the lot in question is on the east side and is the first lot along the circumference of the cul de sac. Marinoni said he did not see that the sidewalk would serve any purpose and the terrain goes downhill from the curb. 50.4 Upon roll call, the motion passed, 6-0. MUNICIPAL COURT LEVY 50.5 The Mayor introduced an ordinance amending the City Code to levy an additional Municipal Court cost to be used for administration of justice. 50.6 The City Attorney stated the cost was authorized by State statute, and he read the ordinance for the first time. Director Martin, seconded by Kelley, made a motion to suspend the rules and place the ordinance on its second reading. 50.7 Director Hess asked for a rough idea of what constitutes "administration of justice purposes". The City Attorney responded that this would cover the operation of the Municipal Court, including salaries, but not including the Judge's retirement fund. He said the City Board would determine how the funds are used, and that these could apply to items already in the Municipal Court budget. Referring to figures supplied by the Municipal Court Clerk, City Attorney McCord said it was realistic to say that 11,931 cases were assessed costs in 1986, because the vast majority of cases were plea-bargained. McCord said the statute requires that the revenue be deposited into a special fund, that this fund would be controlled by the Administrative Services Director. Hess asked if this should be stipulated in the ordinance. McCord said he was comfortable with the wording of the ordinance, but the ordinance could be amended to say that the special fund would he administered by the Administrative Services Director. In answer to a question from Director Kelley, McCord explained $3.00 was the maximum allowed by statute. Director Martin asked if these fees would be treated as are all other court fees. McCord said different fees are used, by statute, for different purposes. 50.8 Administrative Services Director Scott Linebaugh explained DWI fines, for example, are kept in a special fund when first collected hut, when turned over to the Finance Department, are placed in one account, "Court Fines and Fees" and placed in the City's General Fund. Director Hess said, in that case, he saw no need for rewording the ordinance. 1 1 1 1 February 17, 1987 , rDF sit' Upon roll call, the motion passed, 6-0. The City Attorney read the ordinance 51.1 for the second time. Director Martin, seconded by Kelley, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 6-0. The ordinance was read for the third time. Upon roll call, the ordinance passed, 6-0. ORDINANCE NO. 3244 APPEARS ON PAGE /2 OF ORDINANCE & RESOLUTION BOOK XXiV AIRPORT COMMITTEE REPORT Director Lancaster reported from a Board Airport Committee meeting of 51.2 February 10, 1987. Lancaster said the Board approved the expansion of the fuel farm with the stipulation that contracts be entered into with the airlines. Lancaster said letters from the airlines were included in the agenda and he made a motion to recommend final approval. Director Marinoni seconded the motion. Marinoni explained the fuel farm proposal includes the purchase of an underground fuel tank to expand fuel storage capacity, the cost of which will be $44,000. Lancaster commented that Director Martin expressed his concern at the last 51.3 meeting regarding the lack of a five-year plan. Lancaster reported since that time a meeting was held and this issue has been worked out to the satisfaction of everybody. Martin said his concerns related to a long range financial plan to accompany the existing long range physical planning document for the airport. Martin said the meeting with staff satisfied him that existing planning will be accompanied by financial parameters. Upon roll call, the motion passed, 6-0. 51.4 FINANCE COMMITTEE REPORT Director Martin reported on the Board Finance Committee meeting of February 51.5 11, 1987. Martin said the Music Festival of Arkansas requested $3500 to cover office costs and other expenses for the 1987 Music Festival. Martin said the Board approved a similar request last year. Martin reported this year the Advertising and Promotion Commission has allocated $2100 in cash and $5000 in advertising in-kind for the Festival. Shea Crain, Manager of the Festival, told the Board the Festival will be 51.6 expanded by three days and will include a Chorale Institute. Director Martin, seconded by Lancaster, made a motion to recommend approval 51.7 of this unbudgeted item with an allocation from the unreserved General Fund to the Parks and Recreation budget. Upon roll call, the motion passed, 6-0. 51 S `' February 17, 1987 PUBLIC WORKS COMMITTEE 52.1 Director Hess reported on the Board Public Works Committee meeting of February 11, 1987. TRANSFORMER FOR POLLUTION CONTROL PLANT 52 2 Hess reported that Wastewater Treatment Project Coordinator Bob Franzmeier had discovered that it would cost the City more to clean an existing transformer of PCBs than it would to buy a new transformer. Hess said the committee unanimously recommends the City purchase a new transformer in the approximate amount of $13,600. He added this was concurrent with city staff's recommendation. 52.3 Hess, seconded by Lancaster, made a motion to approve the purchase. 52.4 In answer to a question from Director Kelley, Linebaugh clarified that this expense was included in the 1987 budget. 52.5 Upon roll call, the motion passed, 6-0. PACKER BODIES & CHASSIS 52.6 Hess reported a preliminary study was done concerning the replacement of three Packer bodies and chassis for the Sanitation Department. Hess said the staff used a demonstration model of a "Leach Alpha Rear Loader" and found it could pick up what usually takes 3 1 /4 "Pak -Mor" loads on Monday in 1 1 /3 loads with the Alpha; and on the Thursday route, which usually takes 2 1/2 loads to complete, the Alpha picked it up in one load with room to spare. Hess said it was felt considerable time and expense would be saved by purchasing these units. Hess said $264,000 is in the 1987 budget for capital expenditures and it was the unanimous recommendation of the committee to approve a total purchase of approximately $160,000 for purchase of Alpha Rear Loaders. Hess said this was in concurrence with the staff's recommendation. 52.7 Director Hess, seconded by Marinoni, made a motion to approve the purchase. 52.8 Director Martin said this looked like an ideal case for a cost benefit analysis to show, for example, what would happen after the solid waste facility is built. Hess said that some preliminary studies were done on savings of time. Public Works Director Burch said a basic projection was made of savings of 17 man hours per week per vehicle, assuming straight time. He said that amounted to a savings of about $500 per week. Martin said it would help in the future if the Board could see such an analysis. 52.9 Director Kelley said he would prefer to have a cost benefit analysis so he can compare numbers. Kelley asked how much of the expenditure has been approved in the budget and how much will be a General Fund expenditure. Burch said he expected there to be an additional expenditure of $15-19,000 1 1 • x February 17, 1987 over what was requested in the budget. Kelley expressed concern that that 53.1 information was not provided the Directors, and he asked whether new man hours would be required with this equipment versus the old equipment, what the maintenance requirements would be for the new equipment versus the old equipment, what the life expectancy will be of the new equipment, insurance considerations, its effect on the general budget, and how the budget adjustment will affect the General Fund. Kelley said he would vote against the motion in principle. Director Hess told Kelley that some of the information he was requesting had been brought out in the committee meeting and he said there was also discussion concerning whether this expenditure would fit in with the five year plan. Kelley said he did not object to the purchase but said he did not think the Directors had adequate information prior to the Board meeting with which to make a decision. Director Johnson pointed out that the expenditure would not be coming out of General Fund, but out of the Sanitation Fund. Burch said the recommendation was made as a direct result of a study the staff performed within the Sanitation Department when route changes and cuts were made. He said the demonstrator was not available prior to budget preparation time. 53.2 53.3 Hess said he thought a capsulization of committee proceedings could be 53.4 included in the Board agenda for the benefit of Directors who did not attend the committee meeting. Linebaugh clarified that funds would not come out of General Fund but a 53.5 budget adjustment would be necessary. Hess said a budget adjustment was not being requested at this time, just approval of the purchase of the equipment. Upon roll call, the motion passed, 5-1, with Kelley voting in the minority. WATER DAMAGE REIMBURSEMENT Hess reported Ron Rone, of Southern Farmers Association, requested reimbursement of $2,739.75 in damage caused by a City water line break along a small section of Sixth Street, which caused flooding of the basement of the business. Hess said the business was shut down for one day, with the major expense incurred being repair of motors in the basement. Hess said the committee unanimously recommended the reimbursement. Hess, seconded by Martin, made a motion that the City reimburse Mr. Rone $2,739.75. Upon roll call, the motion passed, 6-0. WATER LINE OVERSIZING TO VALERIE DRIVE Hess reported the committee felt it would be in the hest interests of the development in the Valerie Drive area to oversize 190 feet of water line with 53.6 53.7 53.8 53.9 54 February 17, 1987 59.1 six-inch line, with the City paying the cost of the six-inch line, and being reimbursed by the home owner for what would be the cost of a two-inch line. Hess said the six-inch line cost would be $1900, with $570 to be the cost for the home owner, and $1330 to be the cost to the City. Hess said the oversizing proposal was unanimously recommended by the committee and was a budgeted item. 54.2 Director Kelley asked if the $50,000 in the 1987 budget for oversizing costs contained specific oversizing projects. Grimes said that, over the years, the staff has seen that a certain amount of oversizing will be necessary each year, but specific projects cannot always be identified before the budget is prepared. 54.3 Director Hess, seconded by Lancaster, made a motion to approve the committee's recommendation. Upon roll call, the motion passed, 6-0. SHERWOOD FOREST SEWER EXTENSION 54.4 Director Hess reported the work approved for Sherwood Forest was coming in under budget and the City Engineer suggested an expenditure be made for landscaping and cleanup. Hess reported the committee unanimously denied this request, feeling enough had been done already on that project. STATUS OF STANBERRY POND 54.5 Hess reported an analysis had been completed of Dr. Ernest Stanberry's pond and results are being compiled for a report from the Public Works Director at the next Board meeting. 54.6 The City Attorney reported that, because of a statute of limitations problem, Stanberry's attorney has filed suit so as not to waive their rights, but has indicated they will work towards settlement. BID AWARD 54.7 The Mayor introduced the award of bid for rehabilitation of equipment at the City's existing Wastewater Treatment Plant. She reported three bids were received and the Public Works Director and consulting engineer recommend the bid, in the amount of $595,719, be awarded to Baumgartner General Contractors. Johnson said this amount was in the budget. 54.8 Director Hess, seconded by Johnson, made a motion to award the bid for $595,719 to Baumgartner General Contractors. 54.9 Director Marinoni asked if this equipment would be obsolete a year from now. John Quinn, speaking for McClelland Engineers, explained the equipment, after its rehabilitation, will be used in conjunction with the new treatment plant. 1 1 1 February 17, 1987 55 Upon roll call, the motion passed, 6-0. 55.1 RESOLUTION NO. 10-87 APPEARS ON PAGE .S -SQ OF ORDINANCE & RESOLUTION BOOK XXVII EASEMENT ON CITY PROPERTY The Mayor introduced a resolution authorizing the Mayor and City Clerk to grant an easement on City property located east of Starr Drive and south of State Highway 45 East, for sewer line improvements. Director Lancaster, seconded by Marinoni, made a motion to approve the resolution. Upon roll call, the motion passed, 6-0. RESOLUTION NO. 11-87 APPEARS ON PAGE &Y9-- OF ORDINANCE & RESOLUTION BOOK XXV lI FINANCE COMMITTEE SCHEDULED Director Martin asked that a meeting of the Board Finance Committee be scheduled for Wednesday, February 25, at 8:30 a.m. MINUTES The minutes of the special meeting of February 3 and regular meeting of February 3 were approved as distributed. ADJOURNMENT With no other business before the Board, the meeting was adjourned at 9:15 p.m. 55.2 55.3 55.4 55.5 55.6