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HomeMy WebLinkAbout1988-05-17 Minutes186 MINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, May 17, 1988 at 7:30 p.m. in the Directors' Room of the City Administration Building at 113 West Mountain Street in Fayetteville, Arkansas. PRESENT: Mayor Johnson; Directors Marinoni, Hess and Bumpass; City Manager Pennington, Assistant City Manager' Linebaugh, City Attorney McCord, City Clerk McWethy, members of thepress and audience. ABSENT: Directors Martin, Kelley and Lancaster CALL TO ORDER ..;. The meeting was called to"order by the Mayor with four Directors present. The 186. Mayor asked for a moment of silence. NATIONAL PUBLIC WORKS WEEK. The Mayor presented a proclamation to 'Public Works Director Michael Batie, declaring the week of May 15 through 21 as National Public Works Week. The proclamation was read by the Mayor. • APPEAL The Mayor introduced the reconvening of the hearing of appeals of the Assessment of Benefits prepared by the Board of Assessors of the Dickson Street Central Business Improvement District No. 1.• She explained that, at the May 3rd Board meeting, one appeal remained to be heard which had been filed by Kirby Johnson, owner of property at 115 North School. Kirby Johnson told the Board he didn't feel the neighborhood, two or three blocks away from the proposed parking lots, would receive any property inflation. He said having the parking lots wouldn't help the value of his property whatsoever. He said he could see how businesses and the auditorium would benefit. He said he didn't think it was fair to assess him for the parking lots. He said he felt the assessments should be spread over the entire northwest Arkansas community. He said the boundaries set up M for the improvement district seemed "a little erratic", commenting that they, were not real straight and zig-zagged here and there. He said he saw that as a flaw in the district. The Mayor told Johnson that the City Board had no control over the boundary of the district, and was not concerned about the amount he was being assessed, but is only concerned with the increased value to his property because of the improvement district. She said the improvements to the district would include landscaping as well as parking lots. Kirby Johnson said he owned low -rental 186. 186. 186. 186. May 17, 1988 187.1 property and didn't think anyone would rent a room because of a tree planted a few blocks away. 187.2 The City Attorney told the Board that the issue before them was whether the assessment of benefits levied by the Board of Assessors does accurately reflect the increase in fair market value to Kirby Johnson's property from construction of the proposed improvements. 187.3 The Mayor told the Board that Kirby Johnson's final benefit was $824 over a twenty year period. She said the assessed value of his property was $31,009. Dan Hudspeth, speaking on behalf of the Board of assessors, said Kirby Johnson's annual assessment would probably range between $21 to $45 per year. He said the previous value of the property, according to the County records, was about $32,000. 187.4 Director Marinoni asked Kirby Johnson if he felt that cleaning up the neighborhood and converting it into parking lots would complement the arts center and help his property in any way. Johnson said if it was a house he lived in or a business he might feel it would increase its value some but, as an extremely low -rent piece of property, he didn't think anyone living there would offer to pay any more per month to live there because of the arts center. He said the structure was an older house converted into apartments. In answer to a question from Director Hess, he said he generated around $470 per month rental from four apartments and a couple of rooms. 187.5 187.6 187.7 187.8 Director Hess said the Board was put into an impossible situation in which they were very limited as to what they could do. He said, as he understood it, unless there was a substantial argument proving that the assessment was in error, the Board has to abide by the original assessment. He said Johnson's location was pretty close, and he guessed that it would derive some benefit. Hess said, since he was not an appraiser, it was impossible for him to understand exactly what that benefit was. He said $824 over a twenty-year period didn't seem unreasonable. Kirby Johnson said he supposed $824 was a reasonable amount to pay but almost felt that the improvement district and arts center may have a bit of a negative effect on the neighborhood because it will probably increase traffic on the streets around the arts center property. He said right now people in the area of his property park on the street. He said he didn't have any parking behind the building and had a very small driveway. He said the project may cause him to have to build a parking lot behind the building. The Mayor asked the City Attorney if there was a sufficient number of Directors voting to make a decision, since Directors Bumpass and Marinoni would not be voting. The City Attorney said the rule was not real clear in Arkansas on the effect of an abstention on voting. He said the general rule was that an abstention goes with the motion. He advised the Board to follow the general rule. Director Bumpass said he would abstain from voting. 3y May 17, 1988 Director Hess moved that the appeal be denied and the appraisal be upheld. The motion was seconded by Johnson. Upon a show of hands, the motion passed, 2-0-2, Directors Hess and Johnson voting in favor of the motion, Directors Bumpass and Marinoni abstaining from voting, and Directors Martin, Kelley and Lancaster being absent. Director Marinoni explained that he did property in the improvement district He said because of that he did .not decision: REPORT TO The Mayor month of THE PUBLIC not vote on the appeal because he owns and is a member of the improvement district. feel he `should vote or be part ofthe introduced the City Manager's report to the public and Board for the April. City Manager Pennington skipped over the financial. report (which the written report distributed to the Directors). ARTS CENTER PROJECT' was contained in Pennington reported that on. May 9 the City of Fayetteville and University of Arkansas acquired four tracts of property for the arts center project, comprising the north 1/2 of the block where the centeriwill be.located. WARNER CABLE FRANCHISE Pennington reported that negotiations continue between the City and Warner Cable relating to the Warner Cable franchise agreement. He said the City has conferred with cable attorneys in Washington, D.C., Arnold and Porter, who have suggested language for the franchise agreement. He said^this information was presented to Warner Cable and it appears they are not terribly opposed. Pennington said that, under the 1984 Cable Act, cities lost most of their jurisdiction to deal with cable. He said the City of Fayetteville can approve a non-exclusive franchise and the ingredients of that franchise are essentially set out by the.terms of the Cable Act which he said was very. restrictive for what the City can ask for and receive. He said a number of residents would like to have very stringent technical standards, higher than those required by the FCC. He said unfortunately as of today the Supreme Court has struck downchallenges to the FCC, meaning that the FCC maintains 100% control over any and all technical standards. He said that the City Board, unless there are legislative changes, will have no control over types of television programming (except in very general broad categories), and no control over fees charged by the company. Pennington reported the City Board had instructed the negotiating committee to send out requests for proposals from any other companies or consortiums which might be interested in another non-exclusive franchise. 188. 188. 188. 188. 188. 188. 188. 188. 189.1 189.2 189.3 189.4 189.5 May 17, 1988 WASTEWATER TREATMENT FACILITY Pennington reported the staff has been very active in dealing with both E.P.A. and the State in trying to resolve a number of problems and conflicts over the treatment plant project. He said the project was progressing very well and he believed standards would be met by the June 30th deadline, even though there would still be construction going on after that date. He said there had been some internal problems which have been ironed out. He said the problems with the State of Oklahoma had not been resolved. He said the State permit problem had not been resolved, explaining that the City's permit requires that discharge be made to the White and Illinois Rivers, while the E.P.A. has stayed that permit only allowing discharge to the White River. The City Manager said good effort is being made on the construction site. He said he would be bringing a recommendation before the Board fairly soon on the operations and management at the facility, and the operations and management of the city's collection system. RESOURCE RECOVERY PROGRAM Pennington reported that the resource recovery program is moving along very well. He said a joint meeting was held with Nixon and Hargraves in Washington, D.C., bond counsel and others who have been involved in the financial side of the project. He said committees have been formed to deal with the negotiations. He said one group will work out the disengagement from the bond issue, and a meeting is scheduled in Washington, D.C. with M -K Ferguson to begin negotiations relative to disengagement from the contract. NEW PLANNING DIRECTOR Pennington announced the appointment of a new Planning Director, John Merrell, who he said would begin work in June. Pennington said Merrell was from Danville, Virginia. CONSENT AGENDA It was moved by Hess, seconded by Marinoni, to approve the consent agenda. Upon roll call, the motion passed, 4-0. [For the record, the following items made up the consent agenda: 189.6 Minutes of the April 29th and May 3rd meetings; 189.7 Award of Bid #833 for bleachers for Asbell Park to the lowest of seven bidders, Sturdisteel Company, bidding $2,997; 189.8 Renewal of contract with the City of Greenland for fire protection at a cost of $42,387, effective through May 31, 1989; and J (A/Modification of lease,agreement with Lorene Airport Restaurant, increasing monthly rent. RESOLUTION:N0 ..35&36-88 APPEARS ON PAGE BOOK REZONTNG/R88-8 May 17, 1988 O'Donnell, owner/operator of the to $1,498.75.) OF ORDINANCE AND RESOLUTION The Mayor introduced an ordinance rezoning 9.74 acres located at the corner of .Old Wire ..Road and Skillern Road, from A71 "Agricultural" to R-1 "Low Density Residential." The Mayor reported the Planking Commission, on May 9, recommended approval; 8-0, and the Planning Consultant recommended approval as well. q The Mayor informed citizenspresent.in the audience that the ordinance could not be passed at this meeting because five Directors must be present to move the ordinance to its second reading (only four Directors were present). The Mayor said the ordinance could be read for the first time. The City Attorney read the ordinance for the first time. • ". • The Mayor asked if anyone present wished to speak for or against the ordinance. Director Hess suggested that, since the Board would have to consider the ordinance again at the next meeting, it might be -easier for the citizens to save their comments until the ,next meeting: He said he thought the absent Board members would want to hearany comments again at the next meeting. The Mayor •said that, since minutes of the meeting would be.. provided to the absent Directors, the citizens would be permitted to speak if they wished to do so. A citizen in the audience asked if the minutes could reflect the fact that Citizens were present in opposition to the rezoning. A count was made and it was noted that 15 citizens stood in opposition. Lee Owen, resident of 3105 Old Wire Road, told the Board he lived directly west of the property in question. He said his main concern was the number of houses proposed to be crowded into the area, on small lots. He said this would not be compatible with the surrounding property. He said a person should be able to do what he wants to with his property, as long as it doesn't jeopardize someone else, but he felt the proposal would devaluate the surrounding property. He said there was a traffic problem already existing at the intersection of Old Wire Road and Highway 265. He said there had been one fatality within the last two years and he felt the development would contribute to the traffic problem. Van Bennett, resident of 3050 Old Wire Road, said he was opposed for two reasons -1) because of the traffic problem at Old Wire Road and Highway 265. He said if 37 units are built there would be a significant increase in the traffic flow at the intersection; and 2) because of the high density of the proposed housing. He saidthe houses in the area now are on three or more acres and, if the zoning is approved, four houses per acre would be permitted. He said this was not consistent with the area and was not an appropriate place for such a housing development. He asked the Board to vote in opposition to the rezoning. 19( 190. 190. 190. 190. 190. 190. 190. Director Hess said the Board's hands were tied by existing regulations. He said 190. the Board could not deny the rezoning merely because they don't favor the May 17, 1988 191.1 density. Bennett said he thought the question was whether the property should be rezoned and thought the Board had more latitude on that question. McCord agreed, stating the Board has more discretion on a rezoning decision than the Planning Commission has on approving a subdivision plat. He said a recent Arkansas Supreme Court decision clearly held that, if a subdivision plat meets the minimum requirements in the ordinance, the Planning Commission has no discretion but to approve the plat. He said that, on a rezoning, there are a number of relevant considerations the Board should deliberate on - such as traffic, neighborhood objections, compatibility with existing uses, and the General Land Use Plan. He said there is more discretion in a rezoning decision than there is in approving a subdivision plat. He said, by the same token, a property owner is entitled to the reasonable use of his property and the Board cannot act arbitrarily and capriciously in refusing to approve a zoning decision. 191.2 Director Hess asked if the preliminary plat had been approved for the property. Acting Planning Director Don Bunn said it had been approved, contingent upon the rezoning of the property. City Manager Pennington said this was an oddity in the City of Fayetteville's zoning ordinance. He said major changes will be recommended in this area. 191.3 Director Hess asked if it was now the case that, if the Planning Commission gives approval on a preliminary plat, that's where it stops, unless there is an appeal by one of the Board members. The City Attorney said he would not agree with that terminology, but said a developer can begin constructing required improvements after preliminary plat approval. He said the City Board does not approve subdivision plats. He added that, in years past, the ordinance did require City Board approval and the Board decided to vest that authority with the Planning Commission which is contemplated by enabling legislation. 191.4 Director Hess proposed that final approval of preliminary plats be vested with the Board of Directors, but that the Planning Commission continue to iron out all the specifics and minute details involved in general development and planning and, once those details are ironed out, they vote as they see fit. He said he thought one of the reasons why the Board was here was to figure out where they want the City to grow, how they want the City to grow, and in what manner they want the City to grow, and that the Planning Commission is an advisory board. 191.5 Director Marinoni asked Hess if he was putting that in the form of a motion. Hess said if there was general sentiment on the Board, he would request McCord to draft such an ordinance. The Mayor asked the City Attorney to draft the ordinance to be taken up at an agenda meeting. 191.6 Millard Blevins, resident of Route 9, Old Wire Road, said he lived 1/2 mile from the property. He said he didn't like to be crowded and that 34 houses on nine acres was a lot of density. He said when he bought his property he was told the houses would be on three -acre lots. 191.7 Marita Lih, resident of 3200 Itson, Skillern Road, said last week the Planning Commission, in considering another request, got a guarantee from a developer that, although a certain zoning would be approved, single family residences would May 17, 1988 be built rather than duplexes. She asked why -that kind of flexibility was not available in the case of this rezoning. She commented that, if the Board has to comply with the ordinances and can vote_only on the legality of the ordinances, she didn't see how they could do their job She asked how they could decide how the City should be developed whenthey know rezoning options are so limited. She said it didn't seem right that,+knowing the zoning ordinances will be rewritten to take care of a greater -variety of situations, citizens should have to suffer before it gets done. Lih said there was a' gentleman's agreement made with most of the residents in the area that there would be approximately three acres per home, before the City expanded': Director Bumpass asked with whom the agreement had been made. Lih said the agreement ,was with a man named Skillern who sold land there. Bumpass asked if..the'••land was unsubdivided with no restrictive covenants. Lih said she thought Skillern sold, the land to someone else before it was sold to the individuals living there now. Lih asked if people could sign up to receive minutes of the meeting. The Mayor told her to contact the City Clerk to obtain minutes. Lih said she thought City -Planning should not 'just be a legal issue but is an art, and certain character to the neighborhoods should be preserved. Roy Rom said he owned property several hundred yards west of the property under discussion. He said he would be present on June 2 to speak regarding the rezoning. Mel Milholland told the Board he was representing the developer. He said neither duplexes nor R-1.5 zoning were discussedon this project. He said developers have purchased the property. Director Bumpass asked about the density of the project. Milholland said the entire tract, including road dedications, totalled about 10 acres. He said there would be in the neighborhood of 3.3 units per acre. Director Bumpass asked what off-site improvements were anticipated. Milholland said the east one-half of Old Wire Road would be improved with storm drainage. He said the entrance would be off Old Wire Road and would be improved with curb and gutter to street standards with storm sewer along the west boundary of the subdivision. He said there would be no access to Skillern. Milholland showed the directors a copy of the plat. He said there would be no driveways onto Skillern Road. Director Buinpass asked what needed to be done to require developers to have more than one access to a subdivision if the road is more than 500' long. City Manager Pennington said that requirement would have to be included in the City's development standards. Director Hess asked if fire trucks would be able to get in and out of the development. The Fire Chief acknowledged that the access was sufficient. Director Marinoni asked for the typical size of a lot. Milholland said it would be 75' x 123'. wen IL" 192. 192. 192. 192. 192. 192. _s v I. 193.1 193.2 193.3 193.4 193.5 May 17, 1988 Mayor Johnson asked that the Directors be provided a copy of the preliminary plat and the Planning Commission minutes relating to this property. The City Manager said normally rezoning is done on whether or not it is the best possible use for the property, if it fits into the General Plan. He said, no matter what the City does over the next months, it will continue to have these kinds of problems. The City Manager said he would be glad to provide the Board with a preliminary plat, but said he thought it was improper for the Planning Commission to have reviewed it at that particular point. Danny Wright, resident of 3165 Old Wire Road, said he thought the issue was a balancing of equities. He said in one sense it is true that all property owners are created equal but, in other sense, it is not quite true. He said Tomlinson and Mathias, although they now own the property, do not live on the property now. He said the others who spoke do live on the property they own. He said it was another matter to buy a piece of property for the sole purpose of developing it and making money. He encouraged the Board to consider the fact that the residents will have to deal with the problems, or the benefits, for a much longer period of time than the developer who will not have to deal with the day-to-day problems that will be left behind. He said the proposed lot size (75' wide by 123' deep) was an incompatible use and the development will increase the traffic problem. The City Attorney McCord said he had previously advised the Board that the Arkansas Supreme Court has ruled that a property owner is not entitled to the most profitable use of his property, but is entitled to a reasonable use. RURAL FIRE PROTECTION The Mayor introduced a resolution authorizing approval of revised rates for outside -city standby fire protection. The Mayor reported the City Manager recommended an increase of $2 for individual contracts (from $292 to $294 per year) and an increase of $1 for a neighborhood association contract (from $146 to $147 per household per year). 193.6 Director Hess, seconded by Marinoni, moved approval of the resolution. Upon roll call, the motion passed, 4-0. RESOLUTION NO. 37-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK APPOINTMENT The Mayor asked that the appointment of a Commission, be tabled not meet. • May 17, 1988 the report from the Board Nominating Committee, regarding citizen to fill ,a vacancy on the Historic District because two memberslwere out of town and the committee did Director Hess, seconded by Bumpass,-moved passed, 4-0. CITY HOSPITAL RADIO SYSTEM to table. Upon roll call, the motion t The Mayor introduced a resolution authorizing'the Mayor and City Clerk to execute a one-year agreement with Fayetteville City Hospital to permit the installation of a radio communications system at the City's water tower on Mt. Sequoyah. Director Marinoni moved approval of the resolution. Public Safety Director Marty Coates noted that he had supplied information in the agenda explaining how the hospital would use their radio system. He estimated this would add probably $5-$10 per month additional utility costs, but that Barry Fink, on behalf of the hospital, has indicated that the. hospital is willing to pay $5-$10 per month to cover those costs. Director Marinoni asked how the City would determine how much electricity had been, used. City Manager Pennington said an average would be taken and suggestions would be received from the utility company. The Mayor suggested this be included in the lease agreement. The motion was seconded by Director Hess and, upon roll call, passed, 4-0. RESOLUTION NO.38-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK BID WAIVERS The Mayor introduced an ordinance waiving the requirement of competitive bidding to allow the purchase of asphalt, asphalt mixes and aggregates; and to allow the Purchasing Office to obtain quotations from area dealers for ready mix concrete. Director Bumpass, seconded by Hess, made a motion to table the ordinances until the next meeting (the presence of five Directors being necessary to move the ordinances onto their next reading). Upon roll call, the motion passed, 4-0. 199 194. 194. 194. 194. 194. 194. 194. 194. 194. L • BUDGET ADJUSTMENT May 17, 1988 195.1 The Mayor introduced a request from the Public Works Director for a budget adjustment to cover final payment for the Archeological Site Study at the sludge management site. 195.2 Director Buppass, seconded by Barinoni, moved approval. Upon roll call, the motion passed, 4-0. OTHER BUSINESS PRE -APPLICATION FOR DRUG UNIT FUNDS 195.3 The Mayor noted that the Board had received information regarding a pre - application for drug law enforcement grant funds. She said there was no recommendation from the City Manager and said she needed more information before voting on the matter. She said she understood the deadline for making the pre - application was May 31. 195.4 The City Manager apologized for not having a recommendation and said, because he had been out of town, he had not yet had a chance to review the material. He said he had some real concerns about a commitment of $56,000 only for a two-year period. 195.5 Director Hess said he was very perturbed about the time constraints under which the Board was expected to make a decision but realized the staff had been placed under the same time constraints. 195.6 The City Manager said his intent in sending the material to the Board was informational only and said he would not make a recommendation until he had a chance to review the material. 195.7 Director Bumpass said he had strong feelings about where the money ought to come from. He said it ought to come from fines paid by criminals who are convicted of drug offenses. He said the Circuit Court has collected thousands of dollars in fines on drug cases and he anticipated the potential existed to collect the amount needed. Director Hess asked where that money was going now. Bumpass said he thought the fines presently went to the general fund of the County government. 195.8 Director Marinoni asked if the county would be eligible to receive funding for the same program The Mayor asked the staff to get more information to the Board between now and the next agenda session. ADJOURNMENT 195.9 The meeting was adjourned at about 9:00 p.m.