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HomeMy WebLinkAbout1988-06-21 MinutesMINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, June•21, 1988 at 7:30 p.m. in the Directors' Room, City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Johnson; Directors Hess, Lancaster, Martin, Kelley and Marinoni; City Manager Pennington, Assistant City Manager 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 before beginning the meeting. REPORT TO THE PUBLIC City Manager James Pennington presented themonthly report to the public and Board for May, 1988. [The report in written form wasdistributed to. Directors and is on file in the City Clerk's office.] Pennington reported the City's total revenues for May were $12,550,127, with total expenses at $12,541,429. He said revenues over expenses were $8,698. 226 226.] 226.2 226._ Reporting on the Arts Center, Pennington said today a sign was unveiled on the 226.' site of the future home of the Walton Arts Center. Reporting on Warner Cable's franchise renewal, Pennington said negotiations are continuing and said he hoped in July or August the Board could hold a public hearing on the matter. Pennington reported the Wastewater Treatment smoothly and the plant is coming on line very some odors as different digesters come on line parameters which have been set. Plant well. but is project was going along He said the plant creates meeting and exceeding all Pennington reported the Sludge Management contractors should be finished soon and the program operating soon. Pennington reported there are still areas to deal with relative to the collection system program He said odor problems are going to continue but the 226._` 226.i 226.E 226.5 June 21, 1988 227.1 City is experimenting with a number of different techniques to try to mask the odors coming out of some of the lift stations. He said the heat and dry weather causes the sewage to become septic in the lines. He said he did not see a resolution to all the problems in the near future. 227.2 Pennington reported negotiations are proceeding on the disengagement from the incinerator project. He said presently information is being collected to present in the negotiations, such as itemizations of what has been constructed and where it is. He said there would be a request before the Board next month to hire a third -party engineering firm to check out the facilities. 227.3 Pennington said yesterday or today the regional plant at Beaver Lake pumped 48,000,000 gallons of water which he said was a record for the system. He said the situation is not that Beaver Lake does not have enough water but the problem is the size of the plant which he said can only produce so many gallons per minute. He said the real problem now is whether Fayetteville can store enough water in its reservoirs to maintain adequate and decent water for the citizens. He said the district will make a recommendation on this matter, and he said a water management plan could be considered. 227.4 Pennington introduced the new Planning Management Director, John Merrell, from Danville, Virginia. Merrell told the Board he was happy to be here, said the interview had been his first visit to Arkansas and he looked forward to working with everyone in the future. 227.5 Director Martin asked if there was any chance that the hay crop (connected with the sludge management project) could be used to assist some local farmers if the hay situation became critical. City Manager Pennington said the City would not be able to do that, although he was hoping that would have been possible. Dennis Sandretto, speaking on behalf of engineers CH2M Hill, said right now they are trying to spread the hay out to cover all of the site and, to do that, it has to be mowed frequently. He said because of that, the hay is not long enough to bale. He said the frequent mowing is also necessary to keep down the weeds and allow the bermuda grass to overtake the weed problem Martin said if there was any way to amend the plans, he urged the staff to give it some thought. 227.6 Director Hess asked if treated effluent was being sprayed on fields right now. Sandretto said all of the effluent was presently going to the sludge site to grow the crops so the contractor can leave the site meeting the contract requirements. Hess asked if all the treated effluent could be put into the White River if the White River needed additional water. Sandretto said the final permit issued by the EPA, and then "stayed," required no discharge during periods of low flow. He said part of the reason for the reservoir is to store the effluent during periods of low flow. Sandretto said that was just the opposite of what Hess was recommending. 227.7 Pennington said it looked like the City will probably not be contributing to the flow in the White River. He said right now the City is draining out of Lake Sequoyah into the White River. He said the last thing the City wants to June 21, 1988 do is°pump into the White River until everything is balanced in the plant. Director Hess said, if the City can't dump into the Illinois River, the only place it has to discharge into is the White River. Pennington agreed but said the City may be in a position where it will not be dumping effluent into the White River for a considerable amount of time, but instead will utilize it in the sludge management program CONSENT AGENDA 'The Mayor introduced consideration of the consent agenda. She added to the consent agenda a resolution commending Russell Jack who had served as a Commissioner on_ the Board of Improvement for the Wedington Drive Sewer Improvement District. She explained Jack;; -:would be relocating in St. Louis. Director Marinoni, seconded by Martin, moved to add the resolution to the consent agenda. Upon roll call, the motion passed, 6-0, Director Bumpass being absent_ RESOLUTION NO. 46-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK • Director Kelley, seconded by Martin, moved approval of the consent agenda. Upon roll call, the motion passed, 6-0. [For the record, the following items were included in the consent agenda:] • Approvalof the minutes of the May 31 and June 7 Board meetings; Award of Bid #846 for two front loader sanitation trucks to Ozark Truck Sales, bidding $208,170. Authorization to advertise for sealed bids for the sale of two surplus fire trucks; A resolution authorizing renewal of a contract with the University of Arkansas for an Employee Assistance Program for one year to begin on May 1, 1988, at a cost to the City of $3,200. • RESOLUTION NO. 47-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK A resolution authorizing lease agreements for T -hangars at the Fayetteville Airport with Larry K. Haines, John Layton and Aero -Tech Services from June 1, 1988 through May 31, 1989. RESOLUTION NO. 48-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK t 228:: 228:: 228.: 228.2 228.! 228.£ 228.' 228.£ 228.'. June 21, 1988 229.1 Appointing Leonard Harris as a Commissioner on the Board of Improvement for the Wedington Drive Sewer Improvement District. RESOLUTION NO. 49-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK REZONING RECONSIDERED/R88-8 229.2 The Mayor introduced a request from D. M. Tomlinson for reconsideration of an ordinance rezoning 9.74 acres at the corner of Old Wire Road and Skillern Road, from A-1 "Agricultural" to R-1 "Low Density Residential"; denied on June 7. 229.3 The Mayor said a Director who had voted in the majority on the issue would have to move to reconsider the request. 229.4 The City Attorney said the petitioners had executed a Bill of Assurance which is a covenant binding all future property owners to subject the use of the property to the following restriction: The use of the property shall be restricted to a district R-1 residential subdivision with no more than eight lots. 229.5 Director Kelley, seconded by Lancaster, moved to reconsider the proposal. Upon roll call, the motion passed, 6-0. 229.6 The City Attorney said, under the Bill of Assurance, only a single family residence would be a "use by right" on the property. 229.7 The City Attorney read the ordinance for the first time. Director Lancaster, seconded by Martin, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 6-0. The ordinance was read for the second time. Director Lancaster, 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, 6-0. The ordinance was read for the third time. 229.8 The Mayor asked if anyone present wished to speak against the ordinance. 229.9 Millard Blevins asked how many houses could be built on eight lots. The City Attorney responded that only one house per lot was permitted. Blevins said, speaking for himself and two others, they agree with the plan for having one - acre lots. 229.10 Director Hess asked if duplexes could be built on the lots. The City Attorney responded that duplexes could only be built under a "conditional use" but were not a "use by right." 229.11 Upon roll call, the ordinance passed, 6-0. 23U June 21, 1988 ORDINANCE NO. 3360 APPEARS ON PAGE 35'10 OF ORDINANCE AND RESOLUTION BOOK XX/ V A citizen told the Board heappreciated everyone's concern and the contractor's 230.: ability to revamp his plans. UNSIGHTLY PROPERTY/S. SCHOOL AVE. The. Mayor introduced an ordinance 'ordering the abatement of unsightly 230.. conditions and the razing and removal of an unsafe structure located at 1038 and 1056 S. School Avenue. The City Attorney read the ordinance for the first time. Director Lancaster, seconded by Martin, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 6-0. The ordinance was read for the second time. Director Lancaster, 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, 6-0. The ordinance was read for the third time. The Mayor asked if anyone present wished to speak against the ordinance. No public opposition was expressed. Upon roll call, the;,nrd;nance passed, 6-0. ORDINANCE NO XX/✓ 3361 APPEARS ON PAGE 3V1-" OF ORDINANCE AND RESOLUTION BOOK CD FIRE PROTECTION & SIDEWALK ;The Mayor introduced award of Bid #839 for construction of fire protection on Helen and Lee Streets and Jerry Avenue, and sidewalk on Duncan Avenue between 11th and 15th Streets as part of the 1987 Community Development Block Grant Program. The Mayor explained the CD program has $63,000 available for the project; and the bid would be awarded to the lowest of three bidders, Sweetser Construction Company, bidding $81,200. She said the remainder of the funds needed for the project would come from the City Water and Sewer budget for the fire protection ,project. She said the sidewalk portion of the project would be covered by the CD funds available. Director Marinoni, seconded by Martin, moved the award of bid_ The motion passed, 6-0. • 230.: 230.g 230.! 230.( 230.' 231.1 June 21, 1988 NOISE ORDINANCE AMENDMENT The Mayor introduced a request for an ordinance which would amend some provisions of the City's Noise Ordinance. She said the recommended amendment would change the sound level limit in residential zones from 65 decibels to 60 decibels from 7:00 a.m. to 11:00 p.m., and would change it from 60 decibels to 50 decibels from 11:00 p.m. to 7:00 a.m. 231.2 The City Manager said he had received new information today and requested the matter be tabled for further review of some problems from the enforcement standpoint. 231.3 Director Hess, seconded by Lancaster, moved to table the request. 231.4 A citizen in the audience asked if he could speak on the request. The Mayor permitted the citizen to speak. 231.5 The citizen said it was not noise entirely that disturbed neighborhoods, but was the congregations of people. He said about a year ago he estimated about 300 persons at one house in his neighborhood drinking beer and urinating in yards. He suggested each neighborhood establish their own noise level. He said a survey could be taken of each house and then signs posted as to whether or not the noise ordinance is observed, and people moving into neighborhoods can decide whether or not they want to live there. 231.6 The Mayor said she thought one problem the City had this Spring was with college students making noises which carried into neighborhoods which were not even close to the area where the activity was being generated. 231.7 Director Martin agreed that congregations of students was a problem but said he thought city staff had found they could not enforce the current decibel level, whether it was a single person or a congregation making the noise. Martin urged the staff not to postpone the matter because now was the time of year when people like to sleep with the windows open. 231.8 James Clifton, resident of 948 Bel Air, said he lived next door to "where all this noise is coming from." He said his property and both sides of his house were being used for a bathroom. He said there have been as many as 300 people at the house next door where he said there was a big party every weekend. He said he had counted as many as 15 beer barrels in the back yard next door. He said, if a limit of 50 decibels is established, it should not be permitted to have "15 decibels above the limit." He said he was in favor of cutting the decibel level down and not having any "peak" levels, because noise levels rise and fall according to when the police are there or not. 231.9 Glen Wheeler said he did not think the whole community should have to calm down because Mr. Clifton has a problem next door He said a habitual problem with one house should be taken care of, but a person should be allowed to have a party once or twice a year and invite a band, if they talk to their neighbors first. He read the following statement: June 21, 1988 "I know the Board probably has honorable intentions for the ibetterment of our community by the passage of this law but, in my opinion as a .Fayetteville. businessman, we don't need this or any other sound laws. Does it matter if you take your stereo out in the back yard for a barbecue or have a band play at your party? Do we need a law forbidding this?" Wheeler said he believed 50 decibels was the ambience in a room with quiet conversation. He said if you were in the back yard talking to your.friends at night you would theoretically be breaking the sound ordinance, even as it stands right now.' He said it wasn't a problem of sound, but was a neighborhood problem. He said in one neighborhood everybody might love it if someone had a live band at their Saturday night barbecue, but in another neighborhood people might get mad i£ someone was playing a "ghetto blaster" with the. window open. He saidhe thought it was a legitimate gripe when the same people, overand over again, break the law, but it didn't mean we should take the rights away from everybody else. Wheeler said most regional musicians can barely make ends meet and, if this law is enforced, it would virtually outlaw bands at private parties, which he said was one of the few sources of income for the up and coming bands. He said this could be the death knell to the music community in Fayetteville. The Mayor told Wheeler the ordinance contained a provision whereby a variance from the sound ordinance could be granted. Wheeler. said he knew that but thought there was still a problem because there is a question of whether to check the sbund from the point of the complaint or from twenty feet away. The Mayor said the staff wanted to do some further investigation into the methods of enforcement. Wheeler also said he thought the language in the ordinance should be very precise about-what.a variance consists of. The City Attorney said the City Prosecutor had called him today and expressed concern about the proposed amendment. He said the City Prosecutor will meet with the .City Manager, the Director of Public Safety, and police officers who have been involved in enforcement of the ordinance, to discuss the impact of lowering the decibel level, and report the potential impact to the Board. The Mayor asked if citizens who wanted to present material could be notified of that meeting. John Adams objected, stating that because he worked during the day, he thought this evening's Board meeting was the proper forum for a debate on the question. Eric Johnson quoted figures from a physics textbook currently in use at the University of Arkansas. Johnson said 60 decibels was listed as "normal conversation at three feet," and that 50 decibels was listed as "the ambient noise in a quiet office." Johnson said he believed- the current ordinance requires sound to be measured from the edge of the complainant's property line, adjacent to the place..where the noise is emanating from. He said it seemed to him you probably could not hear normal conversation at three feet, and doubted you could hear noise at that volume within your house. He said it seemed there was a conflict between freedom of expression and the right to privacy in the community, and this seemed like an awkward way to resolve it. He said if you 232. 232.: ..232.: 232. 232.! 233 June 21, 1988 233.1 couldn't hear 60 decibels inside a house, it doesn't seem like to does any good to lower it down to 50. 233.2 Director Martin said the problem arose not from a complaint about neighbors conversing in normal tones, but because two musicians were practicing their trade day and night at very high sound levels and, when the police officers measured the decibel level, they found it did not exceed the allowable limits. He said more information was needed because nobody wanted to outlaw normal conversation. 233.3 Eric Johnson said he didn't think the proposed amendment addressed the problem at all. He said he had seen the law misinterpreted and enforced inconsistently fairly often. 233.4 John Adams said he thought 60 decibels of music was much more likely to draw a complaint than 60 decibels of speech. Adams said a construction project was going on next to his home in 1983, with no variance, which was measured by a police officer to be at a sound level of 84 decibels. He said the officer declined to shut down the project, stating the variance wasn't intended for that sort of noise. Adams said the genesis of the law was that [former Director] Rick Osborne didn't like having fraternity parties near his house. He said because of this the City is now saddled with an unworkable and unconstitutional law. He said the matter was taken seriously by a large number of people, noting that 10 or 12 persons were present in the audience on one day's notice. Adams said they were expecting the ordinance to be passed tonight and had a referendum petition ready. He said he didn't want the Board to pass it and said they should think very seriously about it. 233.5 Upon roll call, the motion passed, 6-0. BID AWARD/WAIVER/FURNITURE 233.6 The Mayor introduced consideration of the award of Bid 11844 and an ordinance waiving the requirements of competitive bidding, both for the purchase of office furniture and accessories. The Mayor explained it was recommended that a portion of the bid be awarded to the low bidder, but bids be rejected for wooden desks and wooden file cabinets because they are over -budget and do not match existing furniture. 233.7 The City Attorney read the ordinance for the first time. Director Martin, seconded by Lancaster, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 6-0. The ordinance was read 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. 6( June 21, 1988 Director Marinoni asked if the quotes which the staff would consider would be 234. less than the bids for the same furniture. City Manager Pennington said he felt the bids were too high and would like to get the prices down. Upon roll call, the ordinance passed, 6-0. 234.: ORDINANCE NO. 3362 APPEARS ON PAGE XX/V 3,so OF ORDINANCE AND RESOLUTION BOOK Director Martin,- seconded by Kelley, made a motion to award the bid as 234.: recommended, for metal file cabinets and chairs. Upon roll call, the motion passed; -6-0. BID. WAIVER/INSURANCE The Mayor introduced a request for an ordinance waiving the requirements of 234.1 competitive bidding .and authorization for the staff to work with Hall Consulting to obtain quotes to renew the City's current insurance policies for property, boiler/machinery, public official and police liability insurance coverage. The City Attorney read the ordinance for the first time Director Marinoni, 234.! seconded -by Martin, made a motion to suspend the rules and place the ordinance on itssecond reading. Upon roll call, themotion pased, 6-0. The ordinance was read for the second time. Director Marinoni, 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, 6-0. The ordinance wasread for the third time. Upon roll call, the ordinance passed, 6-0. ORDINANCE NO. 3363 APPEARS ON PAGE '3S/ OF ORDINANCE AND RESOLUTION BOOK XX/✓ BUDGET ADJUSTMENTS The Mayor introduced approval of budget adjustments for May, 1988. , 234.E Director Marinoni asked for discussion regarding the $550,000 budget adjustment 234.' in the Sewer Plant Construction budget. Linebaugh explained this was a budget error on the part of the Budget Officer and Contracts Administrator. He said it was erroneously omitted from the budget document but did not change cash flow. Director Kelley, seconded by Martin, made a motion to approve the budget 234.E adjustments as presented. Upon roll call, the motion passed, 6-0. CUSTODIAL POSITION June 21, 1988 235.1 The Mayor introduced a request from the City Manager for authorization to hire a second custodian to perform janitorial services for the City Administration Building, to cancel the current contract with Harmony Building Maintenance Contractors, and to approve a budget adjustment. 235.2 Director Lancaster, seconded by !Martin, moved the request be approved. 235.3 Director Marinoni asked if there would be any problem in getting out of the contract with Harmony, and whether there would be any refund to help compensate the additional expense of the new custodian. 235.4 Linebaugh said the contract contained clauses which allow the City to get out of the contract for improper services. He said the contract was paid monthly as work is done and there would be no money coming back to the City. Linebaugh said the firm had been told numerous times that the City was getting inadequate service and had been given chances to correct the problem. In answer to a question from Director Kelley, Linebaugh said this had been documented. The Mayor noted that there was a 30 -day cancellation clause in the contract. 235.5 Upon roll call, the motion passed, 6-0. ADJOURNMENT 235.6 There being no Other Business, the meeting was adjourned at about 8:28 p.m.