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HomeMy WebLinkAbout1988-04-19 Minutes1 144 MINUTES OF A MEETING OF THE CITY BOARD -OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, April 19, 1988 at 7:30 p.m. in the Directors' Room of the City Administration Building, 113 West Mountain Street. PRESENT: Mayor Johnson; Directors Bumpass, Martin, Marinoni and Hess; City Manager Pennington, Assistant City Manager Linebaugh, City Attorney McCord, City Clerk McWethy, Department Directors Batie and Coates; members of the press and audience ABSENT: Directors Lancaster and Kelley CALL TO ORDER The meeting was called to order by the Mayor with four Directors present 144.1 '(Directors Lancaster and Kelley being absent and Director Marinoni arriving later in the meeting). The Mayor asked for a moment of silence. CITY MANAGER'S REPORT City Manager Pennington introduced the new Public Works Director, Mike ".144:2 Batie. Pennington presented the entire monthly report is report was distributed to office.) financial report for the month of March. (The not included in these minutes in detail as the the City Board and is on file in the City Clerk's 144.3 Reporting on the Arts Center project, Pennington said the City was in the 144.4 process of acquiring property. He said that Dickson Street Central Business Improvement District filed its plans and cost estimates with the City, as well as the assessment of benefits. He said the appeal timewas currently running on that assessment, and the City Board., would hear appeals at the first Board meeting in May. f Pennington reported the Five -Year Plan was scheduled to be presented to the 144.5 City Board in May and public hearings will be scheduled. Pennington reported the process of negotiating with Warner Cable was 144.6 continuing, that he, the City Attorney and Prof.John Watkins have had telephone conferences with Arnold and Porter. Reporting on the Wastewater Treatment Plant project, Pennington said good 144.7 progress was being reported by the contractor.and the engineers. He said the sludge management project was proceeding and should move at a rapid rate during the Spring season. 1 Z V 145.1 April 19, 1988 Pennington said sewer system overflows were continuing to occur and were repeated in the same locations. He reported the installation of air vents on Fox Hunter Road has been delayed because material delivery was delayed. He said that work is scheduled to start the week of April 25. Relating to sewer overflows, Pennington said an in-house study is being done of the City's sewer rehabilitation program. He said in the near future he thought progress would have to be accelerated on that program. 145.2 Pennington said the Northwest Arkansas Resource Recovery Authority had retained the firm of Nixon, Hargrave, Devans and Doyle as disengagement counsel on the incinerator project. 145.3 Reporting on the E-9-1-1 program Pennington said that due to a number of reasons (none of which are the City's fault) the project has not moved as rapidly nor has it reached completion. He said the City had been responsible for taking aerial photographs and identifying the structures located within its growth area. He said each unit in Washington County which is going to be part of the E-9-1-1 system must be identified and an actual house number assigned to the structure. He said roughly one-third of the area has been completed. 145.4 Pennington reported that Fayetteville's crime rate had decreased 4%. He said this was a compliment not only to the Police Department but to the citizens of Fayetteville. 145.5 Pennington reported that in May a traffic signal is scheduled to be installed at North and Gregg, street striping crews will be working, preliminary engineering is being worked on for water and sewer line relocation for the new section of Highway 71 south of Fayetteville, and engineering work and partial rebuilding of cave-in sections of Joyce Street has begun. He said award of engineering contract for Appleby Road is contemplated for May. 145.6 Pennington said there had been problems with some water lines in the area of Rolling Hills Drive, Stagecoach Drive, Stanton Street and West Street. He said bidding for that work would take place in May. 145.7 Pennington said the General Land Use Plan is scheduled to be completed in early fall, and early drafts should be received at the end of May or beginning of June. 145.8 Pennington said the new $307,000 fire truck wasn't quite put together right, was sent back to the plant, and should be received by the middle of next month. 145.9 Director Martin asked about the decision, since the last meeting, concerning the City's permit to discharge wastewater into the White River. The City Attorney responded that the City received notification from the EPA that, under federal regulations, when there is an evidentiary hearing and a "stay" 146 April 19, 1988 of a new NPDES permit, the previous permit will be in effect... He said 146.1 pending the outcome of the appeal, the,City can discharge to the White River under the old permit limits. McCord said the City intends tofile a motion with the national EPA Administrator for the authority to discharge in accordance with the proposed NPDES permit, if it appears that theappeal will not be resolved before the July 1 deadline under the Clean Water Act. In answer to a question from Director Hess, McCord said the state permit is a split -flow permit, allowing the City to discharge into both the Illinois and White Rivers. City Manager Pennington said the federal permit allows the. City to only discharge into the White River and the federal permit would take precedence over the state's permit. He said there would be a meeting with the EPA next week to go over the list of grant conditions still remaining on the project. - "Director Martin asked if there was any relationship between the E-9-1-1 program and the City's computer mapping program and updating of the General Land Use Plan. City Manager Pennington said there was a certain amount of coordination but they were not intricately involved. He said the programs were not started at the same time and Washington County is funding the E-9- 1-1 program, so consequently they are not integrated. Director Martin urged the staff to stay on top of the engineers and then to carefully monitor the Fox Hunter Road venting project. Mayor Johnson asked for a timetable for the signalization projects reported on earlier by Pennington. Pennington said the signal at Township and Old Wire Road has been postponed by the State which is planning a turn lane at that location. He said the signal at Maple and Arkansas will be a replacement of an older signal. The Mayor asked for more information on those projects when it becomes available. Bob Brandon addressed the Board, stating he had discussed the ,stop light at North and Gregg with the City Manager. He said the light will facilitate a thoroughfare connection between West Street and No. Gregg, through the park. He asked whether the scheduling of that stop light had .been stepped up. Brandon said that the four -lane was not completed at that intersection. He asked if .there could be some consideration for the neighborhood before the decision -is made to install the signal, because it will contribute to traffic problems in the park area. The City Manager responded that the schedule has not been stepped up because of any given situation, but the State made the decision to move it ahead. .He said the Traffic Engineer has been instructed to make a study of traffic going through that neighborhood. -He said the City Board would have to request any delay of.the project from the State. Pennington said he has also received correspondence in opposition to Brandon's point of view. • Director Martin said he thought a stoplight at that location would help take southbound traffic on Gregg to the east and west on.North Street, without 146.2 146.3 146.4 146.5 146.6 146.7 147.1 April 19, 1988 funnelling it through the park area. Pennington said he thought the stoplight was necessary from a safety standpoint. CONSENT AGENDA 147.2 The Mayor introduced approval of the following items on the consent agenda: Approval of the minutes of the April 5th Board meeting; Award of bid for employee insurance to the low bidder, Blue Cross/Blue Shield (for health, dental and life) as shown in the agenda; Resolution authorizing one-year lease agreements at the Fayetteville Airport for Myer Investments for advertising display space, and direct airport-hotel/motel telephone space, for Tilden P. Wright III for space in the twin -engine T -hangar, and with Dr. Boyd Harris, for space in the single-engine T -hangar. 147.3 Director Martin, seconded by Bumpass, moved approval of the consent agenda. Director Marinoni arrived at this point. Upon roll call, the motion passed, 5-0, Directors Lancaster and Kelley being absent. RESOLUTION NO.28&29-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK REZONING/R88-3 147.4 The Mayor introduced an ordinance rezoning 6.84 acres located west of Highway 265 between Ferguson and Township, from A-1 "Agricultural" to R-1 "Low Density Residential", requested by Dr. Glenn Hardy. She reported the Planning Commission at a hearing on April 11, recommended approval, 9-0, and the Planning Consultant recommended R-1 District as well. 147.5 The City Attorney read the ordinance for the first time. Director Bumpass, seconded by Martin, 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 Martin, 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. 147.6 The Mayor asked if anyone present wished to speak in opposition to the ordinance. No public comment was expressed. 147.7 Ervan Wimberly of Northwest Engineers was present to speak on behalf of the petition. Wimberly said the development plan is for 16 lots on a 7 -acre parcel. Director Hess said he preferred separate ingress and egress onto Highway 265. Wimberly said there would be no driveways accessing the 1415 April 19, 1988 highway. He noted that all parcels surrounding the property are developed. 148.1 He said there would be no room for _expansion. He said there would be a long, wide island designed into the entrance/exit from the development. Upon roll call, the ordinance passed, 5-0. 148.2 ORDINANCE NO. 3343 APPEARS ON PAGE -302./ OF ORDINANCE AND RESOLUTION BOOK XX/ REZONING/R88-4 The Mayor introduced an ordinance rezoning 67 acres located east of Gregg 148.3 Avenue between Appleby Road and the Highway 71B portion•of the Highway 71 bypass, from A-1 "Agricultural" to R-0 "Residential -Office", requested by Harvey E. Smith, Sr. and Nancy Powell Kehn. She reported the Planning Commission, at a hearing on April 11, recommended approval, 9-0, and the Planning Consultant recommended approval as well. The City Attorney read the ordinance for the first time. Director Bumpass, seconded by Martin, 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 Martin, 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 ordinancewas read for the third time. The Mayor asked if anyone wished to speak in opposition to the ordinance. No public comment was expressed. Director Hess asked the City Manager if the staff had looked at the property in relation to the surrounding area and asked if, in the City Manager's opinion, the property fit with the General Land Use Plan. The City Manager responded that the Planning Consultant had done that work and prepared a report on the property. Hess said he didn't want to zone the property R-0 if, in the City Manager's opinion, the land surrounding it will be purely residential. Pennington said he did not think the area would remain purely residential but would develop in the future Director Marinoni asked if there was any effort being made to purchase the wedge-shaped property adjacent to the parcel in question which would give the parcel frontage along the bypass. Wimberly said there was such an effort in the process. Marinoni if asked the owner would offer a Bill of Assurance to pave the frontage road. Wimberly said. later . the owner would bring a large scale development plan to the City, and if the other property is acquired, that will be a requirement of the ordinance. Marinoni asked how many feet of frontage road would be put in, if the other property cannot be acquired. Wimberly estimated there to be, about 400 feet of frontage 148.4 148.5 148.6 148.7 149.1 April 19, 1988 presently, that the addition of the other property would increase the frontage to a total of about 1200 feet* 149.2 Upon roll call, the ordinance passed, 5-0. ORDINANCE N0. 3344 APPEARS ON PAGE 323 BOOK X)(1 1% REZONING/R88-5 OF ORDINANCE AND RESOLUTION 149.3 The Mayor introduced an ordinance rezoning 2.29 acres west of City Lake Road approximately 2,000 feet north of Willoughby Road and Wilson Hollow Road, from R-1 "Low Density Residential" to A-1 "Agricultural", requested by Tommy Brannon. She reported the Planning Commission recommended approval, 9-0, and the Planning Consultant recommended approval as well. 149.4 The City Attorney read the ordinance for the first time. 149.5 Director Bumpass stated he would abstain from voting due to a long-time personal relationship with the petitioner. 149.6 Director Martin, seconded by Marinoni, moved to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed, 5-0. The City Attorney read the ordinance for the second time. Director Martin, seconded by Marinoni, 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. 149.7 The Mayor asked if anyone present wished to speak in opposition. Kit Williams addressed the Board on behalf of adjacent property owners, Mr. and Mrs. Wayne Ledbetter. He said the Ledbetters had resided next door to the Brannons for 7-8 years and in about September of last year, the Brannons installed a mobile home. He said the City Prosecutor had charged Brannon with well over 100 violations of the zoning ordinance because of the mobile home. Williams said the area has been zoned Low Density Residential for quite a period of time and the only Agricultural land is the Kelly farm across the street. He said one mobile home is located on the Kelly farm but is expected to be moved within about three months. He said the Ledbetters object to the mobile home and feel Agricultural zoning would be detrimental to their neighborhood, especially to their house which is immediately next to the mobile home. Williams said the Ledbetters, for those reasons, request the City Board either deny the rezoning or refer it back to the Planning Commission for a more in-depth hearing. He said Ledbetter intended to appear at the Planning Commission meeting when the rezoning was first heard but read the notice incorrectly. • April 19, 1988 -Lou Director Martin pointed out that the applicant had been advised that, even 150.1 if the property is rezoned, there is *till' not enough acreage;to allow a mobile home. Williams agreed but said there was vacant land:up the hill which could be purchased which would increase the acreage. Director Marinoni asked if Brannon had obtained a permit to install the mobile home.' Williams said to his knowledge Brannon did not have a permit. City Manager Pennington advised the Board that 150 citations had been filed but this was one citation for each of 150 days. Director Hess asked if rezoning was the only method by which Brannon could get permission to install a mobile home. Pennington pointed out that even the rezoning would not allow Brannon the mobile home but that he may have to request a variance from the Board of Adjustment. Hess said this seemed an inappropriate reason for requesting a rezoning. Hess said he did not object to the mobile home .but objected to using the rezoning process to authorize the mobile home. The City Attorney said some members of the Planning Commission had the same concern because he recently was asked to draft a possible amendment to the section of the zoning ordinance dealing with mobile homes which, if adopted, would permit mobile homes under certain circumstances in residential districts. McCord said the existing requirement is for agricultural zoning, a minimum of three acres, and a 100' setback. Hess said he was wholeheartedly in favor of such an amendment to the ordinance. Director Marinoni said he was not in favor of the rezoning because he didn't sympathize with people who violate the City Code and later ask for something to be changed. Director Bumpass said he thought Brannon had been told by City staff that requesting a rezoning was the procedure he should follow. Bumpass said, if there is a problem with the process, the Board might table the request until Brannon can visit further with the staff. Upon roll call, the ordinance failed, 1-3-1, .Director Martin voting in favor, Directors Johnson, Marinoni and Hess voting against, and Director Bumpass abstaining. RESIDENCY REQUIREMENT The Mayor introduced consideration of a resolution. supporting .;the residency requirement in the rules and regulations of the Fayetteville Civil Service Commission. The Mayor said the Public Safety Director and City Manager recommend passage of this resolution which would support the City's current residency requirement for police and fire employees. She said that on June 1, 1988 the Civil Service Commission will hear a motion to change the residency requirement. 1 - 150.2 150.3 150.4 150.5 150'.6 150.7 150.8 151 April 19, 1988 151.1 Director Martin explained that police and fire employees, under the current residency requirement, must live within a certain radius of the City which was established at the farthest most point of the City plus one mile. Martin said this extends as far as Springdale on the north, Wedington Woods on the west and as far as Lake Sequoyah. In answer to a question from Martin, the City Manager responded that the staff still favors the residency requirement. 151.2 Director Martin said he understood that fire fighters are no longer required to respond to off-duty fires which he commented was a change from a previous requirement. The City Manager responded that fire fighters are still called on to respond from time to time. Public Safety Director Coates agreed, and said that was the reason the staff feels the residency requirement is still necessary. 151.3 Director Martin asked if the specific requirement that fire fighters respond to off-duty fires had been changed to a general provision that they are called occasionally when needed. Coates said that fire fighters are not required to show up at every fire, however there are numerous occasions when they are asked to respond. He said this was also true for police officers. He said all fire fighters carry a paging unit. 151.4 Director Martin said he fully supported the resolution at the agenda session because he thought the off-duty response was a job requirement. Coates said, even though every fire fighter is not required to show up at every fire, he thought it was still important to have a substantial backup of off- duty fire fighters. He said it would be somewhat worthless to the department to have fire fighters living several miles away who are not able to respond when they would be useful. In answer to a question from Director Johnson, Coates said fire fighters are paged by shifts and a log is kept of those who show up, with the log being used as a basis for evaluations. Coates said fire fighters who showed up from another shift even when they were not paged would get credit for that on their evaluation. Director Martin said he was concerned that there was a formal residency requirement to help support an informal requirement that was above and beyond the normal job requirement. 151.5 151.6 151.7 Martin moved the item be tabled. There was no second to the motion. In answer to a question from Hess, Coates said the Civil Service Commission, because of a request from a fire fighter, asked that this resolution be considered by the City Manager, and the City Manager felt a policy decision should be made by the City Board. Coates said the fire fighter was requesting the residency requirement be abolished. Hess asked if Coates knew how fire fighters in general felt about the requirement. Coates said he had no idea how they felt in general. In answer to a question from Bumpass, Coates said the proposed resolution would validate the current civil service requirement. The Mayor said the "magic circle", or residency Wedington Woods, to Emma Street • April 19, 1988 ddd requirement, goes almost to West Fork, to in Springdale, to Goshen, and to Elkins. Fire fighter John Dill addressed the Board. He said the residency requirement used to be 25 minimum number of off-duty fire responses, but has since been dropped. He said the same number of people who live fairly close run most of the fires anyway. He said everybody assumes, if.the residency requirement is abolished, that there will be a mass exodus to the country. He said he thought only three people would' move outside the circle. He pointed out that some fire fighters living inside the circle have a longer response time to the center of town -than someone living two miles outside the circle. He said the circle itself is not fair. He said he didn't think the residency requirement was needed when fire fighters are not required to respond to an off-duty fire. He said it was not part of the job requirement nor was it listed anywhere in the "red book" rules and regulations. He said there was enough manpower to handle almost all fires, and the City had mutual aid agreements with almost every surrounding town. Dill said no fire fighter presently lives outside the circle. Dill said he felt the residency requirement should be done away with. He said he was speaking for 95% of the fire department which voted unanimously on the question. Coates said the Civil Service Commission has decided the residency requirement should continue and the staff feels it's necessary. He said there was no control over the number of fire fighters who might move outside the circle. He added that the Fire Chief supports the continuance of the circle as it presently exists. Martin asked why responding to off-duty fires was not a job requirement. He said, if it no longer is a requirement, he felt the legal underpinnings of the residency requirement had been knocked out. City Manager Pennington said it was a question of philosophy, that courts have ruled that it is perfectly legal to set such a requirement. Director Bumpass, seconded by Marinoni, moved the passage of the resolution as recommended by the City Manager and staff. Upon roll call, the motion passed, 4-1, Martin voting in the minority. RESOLUTION NO.30-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK MAINTENANCE MANAGEMENT SOFTWARE The Mayor introduced a reso":ltion authorizing an amendment to the contract with Burke and Associates, Inc., the city's maintenance management system consultant; an amendment to the contract with Cameo Software Solutions; and a request for a budget adjustment. The Mayor said the amendment to the contract with Cameo would integrate the Cameo work order system with the Burke maintenance system. She explained a budget adjustment,of $8,000 is 10c 152.1 152.2 152.3 152.4 152.5 152.6 1 0 i 153.1 153.2 April 19, 1988 requested to be taken from the Engineering Division's professional services account, from funds slated for a watQ,r and sewer operations report not needed in 1988. Director Bumpass, seconded by Hess, moved approval of the resolution. Upon roll call, the motion passed, 5-0. RESOLUTION NO.31&32-88APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK UTILITY EASEMENT VACATION 153.3 The Mayor introduced a request for an ordinance vacating and abandoning 5' of a 20' utility easement located along the west property line of the Park Inn Motel property. The Mayor explained letters were on file from all utility companies, expressing concurrence, and the City Manager recommends approval. 153.4 153.5 153.6 The City Attorney read the ordinance for the first time. Director Bumpass, seconded by Hess, 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 Hess, 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. Upon roll call, the ordinance passed, 5-0. ORDINANCE NO. 3345 APPEARS ON PAGE ,3.7.E OF ORDINANCE AND RESOLUTION BOOK X X i V BID WAIVER Mayor Johnson introduced consideration of an ordinance waiving the requirements of competitive bidding for the purchase of pipe, fittings and meters for the Public Works Department. She said the staff would obtain competitive quotes if possible before any materials are purchased and the City Manager recommends approval. The City Attorney read the ordinance for the first time. Director Bumpass, seconded by Hess, 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 Hess, 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. Upon roll call, the ordinance passed, 5-0. 1 April 19, 1988 ORDINANCE N0. 3346 APPEARS ON PAGE. 3"/ OF ORDINANCE AND RESOLUTION BOOK xz/ ✓ OTHER BUSINESS SALES TAXATION OF CABLE SERVICES The Mayor referred to the informational item: Notice to Cities of a class action in reference to sales taxation of cable TV services. She said a suit had been filed and asked if the City wished to intervene in the suit, as $20,000 in revenue to the City of Fayetteville could be affected. City Attorney McCord explained that in 1987 the General Assembly adopted legislation that added cable tv revenues as an item taxed under the Arkansas sales tax laws, which generates the City of Fayetteville $20,000. He said the lawsuit which has been filed challenges the constitutionality of that legislation. • 'Director Bumpass asked for a staff recommendation. City Manager Pennington recommended the City intervene in the suit. Director Bumpass, seconded by Marinoni, moved the City intervene in the lawsuit as recommended by•the City Manager. Director Martin said he hated to get involved in a suit when he is unsure what position is being advocated. Martin said he would vote against the motion on the basis that he doesn't know the merits of the lawsuit. City Attorney McCord said the allegations of the plaintiff's complaint are that (1) the tax violates the First Amendment; (2) the tax violates the Cable Communication Policy Act; and (3) the imposition of the tax is discriminatory. He said, since he had not yet been instructed to participate in the lawsuit, he hasn't researched the merits. Martin said he thought the City's participation would mean the City would support the imposition of the tax regardless of what the merits are. McCord said the City would support the imposition of the tax because it means revenue to the City of Fayetteville. Martin said, if it is not fair, the tax shouldn't be imposed. • Director Bumpass asked if the City was under atime constraint. McCord said the Notice requires any potential intervenor to intervene ten days prior to the trial date of May 9 and 10. Bumpass said he thought the City would have tointervene or .forever waive its right to collect this revenue. He said maybe at this late date the`City didn't need to intervene. The City Attorney said the issue before the Board was whether the City Attorney should represent the'City's interest in the lawsuit, or whether the defendants' attorneys should represent the City's interest. Director Martin asked McCord if, in his opinion it was illegal for the City to levy the tax; would he so advise the Board. McCord said he would do so. The Mayor said 154 154.1 154.2 154.3 154.4 154.5 154.6 lbt 155.1 April 19, 1988 if it involves the City's money she would rather have McCord represent the City Hess said he would agree but with the proviso that the City Attorney would advise the Board if he feels the lawsuit is inappropriate. Director Martin said he would support the City defending its interest but hoped that the second allegation could be addressed right away. 155.2 Upon roll call, the motion passed, 4-0-1, Director Martin abstaining. CITIZEN COMMENT 155.3 Bill Stiles addressed the Board. He said that a group had been formed of home owners and businesses to oppose the Dickson Street Improvement District. He said the group was formed because most of the people in the District were not notified. He said the group would file suit, but did not know whether or not it would file an injunction to stop the District from obtaining money. He distributed a copy of an excerpt from the 1987 Arkansas Code as it applies to local government, stating it referred to the grounds under which the suit will be filed. He said the Board should make its own decision about purchasing property on Dickson Street, in the event there is an agreement between the City and the District regarding the arts center. 155.4 The Mayor told Stiles that his remedy for opposing the formation of the District is in court. She said the City Board's responsibility in the formation of the District was to approve it only if 67% of the names on the petition were signed by property owners in the District. 155.5 Stiles said approximately 40 people in the District were not notified. ADJOURNMENT 155.6 The meeting was adjourned at about 9:18 p.m.