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HomeMy WebLinkAbout1992-03-03 Minutes:'Y3] MINUTES OF PUBLIC FORUM March 3, 1992 A Public Forum meeting was ,held with the Board of Directors on March 3, 1992 at 5:30 p.m. in the Board of Directors Room, City Administration Building, 113 West Mountain, Fayetteville, Arkansas. Mayor Vorsanger opened the meeting and •explained the purpose of this meeting was for citizen input on non -agenda items. ANIMAL ORDINANCE Steve Henry addressed the Board with regard to the City Animal Ordinance and stated that $15 per dog for city tags is too high. He personally has ten dogs and maintains a kennel license. People who care about their,'p"ets will maintain proper licensing and veterinary care and the'high licensing fee prohibits this. Mayor Vorsanger asked Mr. Henry if heiwas suggesting a sliding scale or specific licensing fees for kennels to which he responded that he personally cannot afford $150 for licensing and believes that a lot of good dogs will be destroyed as people won't be able to afford the licensing. .. yy S pS Director Spivey reported that, his veterinarian had also stated concern with the ordinance as it pertains: to kennels. He suggested that the Humane Society take'another%look at the ordinance and consider an allowance or variance for licensed kennels and lower rates for neutered animals. The previous city licensing fees of $1.00 or $5.00 for ,unspayed animals hardly covered the administrative costs'of the Humane Society. Mr. Henry expressed concern thatspaying/neutering pets on a large scale may cause extinction of 'some' breeds. Director Spivey responded that he didn!t believe there were any endangered species in Fayetteville., a" : ' Director Spivey statedrthat the Humane Society has put a lot of thought into this ordinance. The ordinance does not apply to puppies or young dogs which should eliminate some cost to kennels. In addition, separate -licensing fees,or ordinances for kennels was discussed and if implemented, it was felt that the cost would be greater and may cause more problems withrules and regulations for kennel operators. He'further explained that the licensing fee was raised strictly to cover operational costs. Alett Little explained that kennels are required to maintain a permit at $25 per year, but they do not require specific licensing of dogs. In addition, she stated that there are only three licensed kennels in Fayetteville and several unlicensed operations. • 132 March 3, 1992 In response to Mayor Vorsanger's inquiry, Ben Mayes responded that the Humane Society has worked on this issue, and he will put a report together for the Board. In response to Mayor Vorsanger's inquiry whether the County has a similar problem, Little stated that she doesn't believe the County has a provision for licensing kennels. MAJORITY VOTE Mayor Vorsanger stated that there would only be five Board members present at this meeting, and asked City Attorney Rose whether there were any items on the Agenda that can't be passed by a majority. City Attorney Rose responded that when an ordinance is placed on its second and third readings, this requires a two-thirds vote or all five members present. ADJOURNMENT The meeting adjourned at 5:57 p.m. e HV MINUTES OF A MEETING OF TEE CITY BOARD OF DIRECTORS • A regular meeting of the Fayetteville•City Board of Directors was held on Tuesday, March'3, 1992 at 6;00„p.m. in the Directors' Room of the City Administration Building:at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Fred Vorsanger; Assistant Mayor Mike Green; Directors Ann Henry, Shell Spivey and Bob Blackston; City Manager Scott Linebaugh; City Attorney Jerry Rose; Planning Director Alett Little; Public Works Director Kevin Crosson; Administrative Services Director Ben Mayes; City Clerk Sherry Thomas; and members of staff, press and audience. ABSENT: •Directors Dan Coody and Julie Nash. CALL TO ORDER The meeting was called to order by the Mayor, with five Directors present. The Mayor welcomed comments on any item on the Agenda. He further stated that in order to allow equal attention to all items, the Board requests that comments be limited to 3 minutes per person per item. He explained that the Agenda for the Board Meeting was set on the Wednesday before the meeting. Any item a citizen wishes to be presented to the Board not on this Agenda must be presented at the next Agenda session or brought up by a Director at that session for discussion at the following meeting. OLD.BUSINESS There was no old business to discuss. NEW BUSINESS CONSENT AGENDA Mayor Vorsanger introduced consideration of items which -may be approved by motion, or contracts and leases which can be approved by resolution, and which may be grouped together and approved simultaneously under a "Consent Agenda.” A. Minutes of the February 18, 1992 regular Board meeting and the December 18, 1991 Special Board meeting. B. REMOVED FROM AGENDA i, i A resolution ,approving an amendment to the engineering contract with RM Plan Group for services on the Dickson Street parking project•in the amount of $93,319. 134 March 3, 1992 Staff recommends approving the amendment which is required because RM Plan Group was asked for additional services including the addition of a third parking lot, as well as additional work on the School Avenue parking lot, the Dickson Street drainage project, investigation of the Town Creek Spring, preserving stone foundations, design for the Town Creek Garden, additional permits from the Corps of Engineers, and compliance with the American Disabilities Act of 1992. The total cost to the city for these additional services is $93,319; however, their efforts have resulted in a savings to the City of $186,070 for demolition costs, back hauling of fill, and lower bids on the West Avenue lot and the School Avenue and Dickson Street lots. This amendment will be funded by the Arts Center Project Fund - Arts Center Parking. D. A resolution authorising the Mayor and City Clerk to execute a "Joint Use of Right of Way" agreement as required by Burlington Northern Railroad and the Arkansas & Missouri Railroad for improvements to North Street. Staff recommends approval of the agreement along with the $1,000 one-time fee paid to Burlington Northern. RESOLUTION 28-92 AS RECORDED IN THE CITY CLERK'S OFFICE E. A resolution authorising the purchase of Tracts 81 and 82 located in the Land Acquisition Area under the Airport Federal Grant AIP 83-05-0020-15, Phase II of the project, owned by J. Paul and Ruthie Woods dba Paul's Tractor Service, in the amount of $60,304.00. Staff recommends approving the property purchase. RESOLUTION 29-92 AS RECORDED IN THE CITY CLERK'S OFFICE F. 1 resolution ratifying Amendment 5 to the Tolling Agreement with Eutak, Rock and Campbell extending the tolling time until August 29, 1992. Staff recommends ratifying the tolling agreement. RESOLUTION 30-92 AS RECORDED IN THE CITY CLERK'S OFFICE Director Henry suggested that Item "C" be discussed in further detail. ITEM "C" City Manager Linebaugh explained that Item "C" primarily involves the Dickson Street parking and contract with RM Plan Group. He further explained that this resolution is for payment of additional • March 3, 192, services added since the contract involving a third parking lot, West Avenue drainage, -drainage studies'on Dickson Street, rerouting storm drainage behind the 400 block of Dickson Street, Town Creek Spring investigation and preservation of stone foundations and garden. In addition to the $28,000 for construction observation, the total cost for additional services is $93,319. Linebaugh reported that Staff recommended and discussed with the Board these required improvements. Mayor Vorsanger stated that additional work was required to comply with the American Disabilities Act of 1992 for which all existing and new city buildings must comply. Henry, seconded by Blackston, made a motion to approve the consent agenda. Upon roll call, the resolution passed bya vote of 5 to 0. RESOLUTION 27-92 AS RECORDED IN THE CITY CLERK'S OFFICE LEGAL FEES Mayor Vorsanger introduced a resolution authorizing payment of $12,611.99 to McDermott, Will & Emery for services on the incinerator disengagement and related suits for October 1 through November 30, 1991. City Manager Linebaugh explained that these fees were .incurred during an off period for work on motions and pleadings filed by other attorneys. He reported that there is a lot of work to be done by attorneys and Staff between now and the court dates. Staff recommends approving payment of the fees. In response to Mayor Vorsanger's inquiry about court dates for the incinerator lawsuit, City Manager Linebaugh responded that summary judgment will be heard in May with the trial scheduled for June 22. Green, seconded by Blackston, made a motion to approve the resolution. Upon roll call, the resolution passed by a vote of 5 to O. RESOLUTION 31-92 AS RECORDED IN THE CITY CLERK'S OFFICE SETTLEMENT OFFER 14 Mayor vorsanger introduced consideration by the Board of a settlement offer by Greg House for setback violations associated with the house he is building at 72 North Oklahoma Way. 40,0 City Manager Linebaugh.explained that this is a 11/2 foot overhang encroachment of the roof. Mr. House:wishes to build a deck on the front and rear of the house that would encroach on the setback. He reported that in January, Mr. House offered settlement of $200 and is now offering $500 as,a settlement of'the violations. Staff has i St 13 13b March 3, 1992 reviewed this matter and recommends the Board refuse to settle for anything less than $2,500. Greg House addressed the Board stating that the existing roof is the only existing violation. House reported that he has appealed the Board of Adjustments' decision regarding the proposed decks which are not presently constructed. Through his discussions with the City Attorney, it was determined that an offer to settle the appeal to the Board would be appropriate before appealing to the Circuit Court and beginning a timely and expensive legal process for everyone concerned. Planning Director Alett Little reported that since 1983, Mr. House has built 38 houses within the city limits of Fayetteville, including rehabilitations. She reported previous questions on two of the House properties: 1) Required parking places for the "Badge" store on West Dickson which was resolved without action by the Board of Adjustments and 2) House built over a sewer easement owned by the City. This was resolved by trading an easement in replacement of easement that was encroached upon. Director Green stated that he lives in the neighborhood of the House property and is familiar with the old concrete storage tanks on the property as well as the Board of Adjustments' consideration of the setback violation. He explained the various issues involved including how the city enforces setback ordinances where an economic hardship exists to relocate or conform to a setback ordinance standard. Green stated that the process for appealing decisions of the Board of Adjustments is inconsistent and takes away flexibility for existing conditions. He further stated that the process for dealing with requests for variances, the appeals process, and negotiated settlement offers needs close review. Green requested that Staff research this issue and present some options for streamlining the entire process to avoid future problems. He stated that he would like to see a graduating penalty scale used in dealing with people who have made an inadvertent mistake and in cases where the violation is not damaging to adjacent property and not effecting property values. In this instance, nothing is damaged other than the literal interpretation of the ordinance. In the event of subsequent offenses, the penalty should be much stiffer dependent upon the violation. Green suggested that in this case, the City counter offer with a penalty of $800 as settlement of the violations. He stated that if this case goes through Circuit Court, he doubts that the City would prevail because it would be difficult to find anyone who is damaged. Mr. House's immediate neighbors would greatly prefer the setback violations rather than have the concrete tanks as an eyesore. V n March 3, 1992.„ Green, seconded by Blackston, made a motion to counter offer with an $800 settlement. Director Spivey asked about the two additional adjustments that would further violate setback ordinances. Director Green responded that Mr. House's entire proposal would be included in this counter offer including the decks. Director Blackston stated that hewould like to see what he terms the "Spivey Plan" including the graduated penalty given more consideration and perhaps worked into a viable proposal for the future. In each case, the situation need to be considered on an individual basis and weigh the values of the project as compared to what was there. Blackston stated that he doesn't blame the Board of Adjustments for the stance they took; however, the entire neighborhood has benefitted from Mr. House's improvements. Director Spivey agreed that Staff needs to develop a graduated penalty system; however, the City can not subject Mr. House to a new ordinance that has not yet been adopted. While he doesn't believe that Mr. House intentionally set out to fraudulently violate the setback ordinance, Spivey stated there are a handful of consistent violators in the building industry, and the City needs a means to penalize when these frequent violations occur. Spivey stated that the ultimate penalty may be to require encroaching area of a structure be removed as a deterrent to gross repeat violations. Director Henry asked Alett Little about the procedural changes instituted in order to detect violations before they occur instead of after the fact. Little responded that at the time building permits are issued, a plat'is submitted by the builder. When the Planning Department inspectors conduct their inspection, since they do not have the benefit of a survey, they have been requested to measure and use their best judgment through observation and knowledge to assure that setbacks are met at that time. Director Spivey expressed his concern that without a distinct survey, the inspectors are passing judgment that gives the builder a green light to+proceed, and he' afraid this may be a responsibility that the City does not•want to assume. Ms. Little responded that the building'inspectors are responsible to alert the Planning. Department of any setback violations prior to further building construction. ,+ City Manager Linebaugh stated that• it is ultimately the responsibility of the builder. The building inspectors review the builder's plan and figures in their,inspection process. 130 March 3, 1992 Director Spivey stated that this inspection procedure simply reduces the potential risk of violation but does not eliminate it. Mayor Vorsanger stated that Staff's recommendation for settlement is $2,500, but based on the facts of this violation, he feels $1,000 may be more of a fair settlement than $800. Director Henry stated that $1,000 should be a strong enough message. Director Green stated that his counter proposal of $800 was arbitrary; he was simply attempting to arrive at a figure that could be reasonably negotiated between the parties. Green further stated that he has no objection to a counter proposal of $1,000, but posed the question of what would be the turning point from negotiation to litigation. Green, seconded by Blackston, made a motion to amend his motion, changing the counter offer from $800 to $1000 for settlement. Dennis Becker, member of the Board of Adjustments, addressed the Board stating that this "proper land survey" does not contain one single dimension tying the house to the land. He stated he appreciates the effort made by the Board of Directors in wrestling with these infractions and setback violations; however, in settling this case, Becker does not feel that good faith was shown when the survey provided was not a proper survey and lacked any dimensions from the house to any known property line or corner. Director Green commented that the survey in question is stamped by a registered land surveyor. Becker responded that the only indication on the survey of where the house is located on the property is by scale. It contains no dimensions tying the house to the land which is a prerequisite of a land survey and outlined in the guidelines for state licensing of surveyors. Becker stated that it is difficult without a proper survey to follow the guidelines of setback ordinances and asked the Board of Directors to recognize the dilemma of the inspectors in these matters. Mr. Becker requested that this item be tabled pending receipt of proper dimensions and recertification of the survey which currently lacks vital information. He expressed his concern that this case may be precedent setting for permitting surveys which lack vital information. Director Green commented that the rear overhang was referenced to the property line. In addition, Green stated that as far as the Board of Directors is concerned, they must rely on legal documents presented. In the case of a stamped survey by a registered land surveyor which doesn't contain the legally required information, March 3, 1992 the surveyor is the one who is liable for the work. He suggested that survey requirements be included in the ordinance when revamped. Mr. House stated that he has relied on Mr. Jenkins as a licensed surveyor for several years. They have closed numerous transactions with surveys like the one in question without any problems. He reported that abstract companies and banks have always accepted Mr. Jenkins' surveys. He has been able to rely on them; however, he will look into Mr. Becker's concerns in the future. Mayor Vorsanger asked how long it would take to obtain the kind of survey that Mr. Becker is requesting. Mr. House responded that he is not sure what Mr. Becker is looking for. In addition, Mr. House pointed out that there is only one violation, the roof, for which a penalty should be levied. The other two requests for decks are not in violation, and he is appealing the Board of Adjustments' decision. He further stated that his situation is unique and a hardship due to the fact that the site makes it difficult to comply with setback ordinances. Therefore, he must consider the $1,000 penalty when he can remove the encroachment for about $250, even though it would not be practical for this house. Director Green stated that his motion includes the additional setback requests for the front deck and to build a square deck over the top of the circular tank in the back. Mr. House responded that he simply wishes to make clear that the additional setback_ requests are not in violation; therefore, he should not be penalized for them. Robert Davis, member of the Board of Adjustment, addressed the Board concurring with Director Green's suggestions for eliminating existing problems. He referred to the survey in question and stated that title insurance could not be obtained based on the survey. Davis suggested the rights of potential buyers should be considered as they would find themselves without a proper survey or something on which to make a judgment. Director Blackston asked if the surveyor could take the existing survey and with verg little effort and'time plat the house. Mr. House responded that he,assumes this would take only a few minutes at the site. k4. s � Rry Mr. House further stated that this process has taken 5 months so far. He agrees that there is a setback'violation with respect to the roof; however, a surveyor has beeii.on this site four times and is comfortble with the plat. Director Blackston stated;he:...thought it would be in Mr. House's vital interest to have,a document that.a prospective buyer could use to obtain title insurance:and a'loan. - 140 March 3, 1992 Mr. House reiterated that he has had numerous surveys performed by Mr. Jenkins and submitted for title insurance with no problems. Robert Davis stated that the Board would be wise to table this matter. He expressed his concern that there was nothing in the Charter of the Board of Adjustments that gives the Board of Directors the right to make this decision, rather it has to proceed to the Chancery Court. This matter should be handled the same as the Board of Sign Appeals where the Board has the authority to hear an appeal. The Board of Adjustments uses the very same ordinance and setback rules, and there is no reason for a difference of opinion. Davis further stated that the intent of the ordinance is to protect, provide for the safety and general welfare to the citizens of the community. If the Board of Directors makes a judgment on this issue tonight, they will be approving Mr. House's first request which has been embellished twice without adequate information and without Planning Staff review. Alett Little stated that the builders agree to take the responsibility for meeting setbacks, and the City will attempt to assist the builders in this endeavor. Mr. Davis stated that he has spoken with several builders in the area, and none of them have problems with the Planning Board and meeting their requirements. Mayor Vorsanger requested that they proceed with the House issue at hand. He suggested that Mr. Davis could address the Board at a later date on his other concerns. In response to Mayor Vorsanger's question, City Attorney Rose stated that the Board of Directors has the power and authority to settle cases that are currently in court. He further explained that the procedure to follow from the Board of Adjustments is to appeal to the Circuit Court as stated by Mr. Davis; however, he is obligated to present to the Board any settlement offers submitted. Director Spivey asked Mr. Becker what the benefit was to pinpointing the existing house on the lot. Mr. Becker responded that the ordinance calls for a survey to establish the location of a house on a lot. Spivey stated that as long as a survey is stamped, it should be a proper and legal survey. Mr. Becker responded that if a survey contains a stamp, it should follow the state guidelines. He further stated that one of the first major concerns for a surveyor is to locate houses on lots. Alett Little stated that she is concerned with the perception that there are so many terrible problems in the Planning Department. She reported that they issued over 1,500 building permits in 1991, 1 let March 3, 1992 and less than one percent of those went before the Board of Adjustments with any problems. Director Spivey stated this is such a subjective issue, and a proper ordinance is needed that will remove the City from being faced with these settlements. He stated that by having a graduated penalty system, the violations will stop. Mr. House stated that the survey provided does locate the house on the lot in relation to the setback lines, and it appears that the Board of Adjustments does not like being appealed. He stated that the Board of Adjustments' duty is to grant variances from the regulations. of the zoning ordinance. In specific cases where it will not be contrary to the public interest and where special conditions where literal enforcement of the provisions of the ordinance would result in unnecessary hardship, variances should be granted. In his case, the special conditions are the large water tanks which protrude into the setback area themselves, and the unnecessary hardship is for him to make these eyesores into something aesthetically pleasing. Mr. House continued to explain that he appealed as he believes the Board of Adjustment's decision was wrong. Rather than taking the extreme remedy of going to trial, he simply approached City Attorney Rose in an attempt to settle. House stated that he does not appreciate the comments made about what type of builder he is, and he has done nice work on this property. The neighbors are in support of his work, and he believes he iscorrect in this matter. Director Spivey stated that he was not grouping Mr. House with "bad" builders. Director Henry stated that the. Planning Administrator does not have the power to grant variances. Rather the Planning Administrator is to enforce the ordinances as written, and the power to grant variances is a protection for citizens. Because of the layout of the City of Fayetteville with the older small platted lots, there will always be these type of difficulties in meeting the requirements and the "one size fits all" uniformity will not work. Mayor Vorsanger called°for a vote on .the motion invoking a penalty of $1,000. 9 y Director Green stated that his motion was to enter into a settlement with Mr: House for a $1,000.penalty which would allow him to maintain his encroachment of the roof setback, the front deck setback, and the.reardeck setback'as.indicated on his plat. Upon roll call, thetmotion passed bya vote of 5 to 0. RESOLUTION 31A-92 AS RECORDED,.IN.THE..-CITY CLERK'S OFFICE • 14CI March 3, 1992 REZONE R92-7 Mayor vorsanger introduced an ordinance rezoning property consisting of 5.97 acres located on the south side of Zion Road and east of Crossover Road from A-1, Agricultural, to R-1, Low Density Residential, as requested by Tim Oren. The Planning Commission voted 9-0-0 to recommend the rezoning and the lot splits subject to granting a 25' street easement along Zion Road, installation of a fire hydrant, and payment of parks fees. Staff also recommends the rezoning and lot splits. The ordinance was read for the first time. Henry, seconded by Blackston, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 5 to 0. The ordinance was read for the second time. Henry, seconded by Blackston, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 5 to 0. The ordinance was read for the third and final time. Upon roll call, the ordinance passed by a vote of 5 to 0. ORDINANCE 3598 APPEARS ON PAGE /13 OF ORDINANCE BOOK X XV1 REZONE R92-8 Mayor Vorsanger introduced an ordinance rezoning property consisting of 9.826 acres located on the vest side of North Hills Boulevard and south of the Highway 71 By-pass from R-0, Residential -Office, to C-2, Thoroughfare Commercial, as requested by Harry Gray on behalf of North Hills Medical Group. The Planning Commission voted 9-0-0 to rezone, and Staff recommends the rezoning. The ordinance was read for the first time. Blackston, seconded by Green, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 5 to 0. The ordinance was read for the second time. Blackston, seconded by Green, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 5 to 0. The ordinance was read for the third and final time. Upon roll call, the ordinance passed by a vote of 5 to 0. ORDINANCE 3599 APPEARS ON PAGE (/.i OF ORDINANCE BOOK XKv1 March 3, 1992 , REZONE R92-9 Mayor vorsanger introduced an ordinance rezoning property consisting of 5.00 acres located north of Futrell Drive and south of the Highway 71 By-pass from R -O, Residential -Office, to C-2, Thoroughfare Commercial, as requested by Harry Gray on behalf of North Hills Medical Group. The Planning Commission voted 9-0-0 to rezone, and Staff recommends the rezoning. The ordinance was read for the first time. Green, seconded by Blackston, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 5 to 0. The ordinance was read for the second time. Green, seconded by Blackston, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 5 to 0. The ordinance was read for the third and final time. Upon roll call, the ordinance passed by a vote of 5 to 0. ORDINANCE 3600 APPEARS ON PAGE. //7 i OF ORDINANCE BOOK XX VI) REZONE R92-10 Mayor .vorsanger introduced an ordinance rezoning property consisting of 2.41 acres located south of Futrell Drive and east of Wimberly Drive from R -O, Residential -Office, to C-2, Thoroughfare Commercial, as requested by Harry Gray on behalf of North Hills Medical Group. The Planning Commission voted 9-0-0 to rezone, and Staff recommends the rezoning. The ordinance was read for the first time. Henry, seconded by Blackston, made a motion to suspend :the rules and place the ordinance on its second reading.- Uporiroll call, the motion passed by a vote of 5 to 0. The ordinance was read for the second time. Henry, seconded by Vorianger, made a motion to further suspend the rules and place thetordinance on its third and final reading. Upon roll call, the motion passed by,a vote of 5 to 0. The ordinance was read for the third and final time..; Upon roll call, the ordinance passed -by a vote of 5 to 0. a c ORDINANCE 3601 APPEARS'ON,PAGE //% . OF ORDINANCE BOOK )(X k/1 f . t t Mayor vorsanger addressed'Harry.Gray reporting that he has received many favorable comments on the,:North Hills. Park development and it is becoming a medical.center`for Northwest'Arkansas, Missouri, and Oklahoma. s" 144 March 3, 1992 Harry Gray stated that it has taken six years of hard work to get to this point, and it truly is an asset to Fayetteville. TRIN CITY TAXI Mayor Vorsanger opened a Public Hearing on the request by Cods Eleven, Inc., dba Twin City Taxi, for the Board of Directors to authorise a Certificate of Public Convenience and Necessity for the taxi to operate within the City of Fayetteville. City Manager Linebaugh stated that the City currently has one taxi service, and regulations state that if the Public Transit Board finds that further taxi cab service is needed and that the applicant is fit, willing, and able to perform such public transportation and conform to the provisions of the subchapter, then the City Clerk shall issue a Certificate of Public Convenience and Necessity which authorizes the taxi to operate within the City. Linebaugh explained that a public hearing is required, and the Board of Directors acts as the Public Transit Board in approving the licensing of Twin City Taxi. Michael Todd and Michael Neville were present representing Twin City Taxi. Mr. Todd addressed the Board stating that they have been in operation for 18 months serving the citizens of Springdale with a 24 hour dispatch taxi service. He reported on a survey conducted of cities in Arkansas with respect to taxi services. Fayetteville is the largest city in the State of Arkansas that does not have 24 hour taxi service. The current taxi service ceases operations at 1:00 a.m. Monday through Saturday and 6:00 p.m. on Sunday, commencing service each day at 5:00 a.m. Mr. Todd further reported that there are nine cities in the state of Arkansas some considerably smaller than Fayetteville (i.e. Arkadelphia) with 24 hour taxi service. The U of A has a larger population than Arkadelphia, and the students do not have access to a 24 hour taxi service. Todd continued to explain the importance of a 24 hour taxi service including incidents of car trouble, the need to go to the hospital, and for transporting intoxicated people. The police departments of Fayetteville and Springdale provided arrest statistics for 1990 and 1991 which show a 16% decrease in DWI arrests in Springdale coinciding with the 24 hour taxi service while Fayetteville reported a 2% decrease during this time. In addition, they have visited with bar managers and owners of every bar in Springdale providing them information about their service, as well as newspaper ads encouraging the use of their taxi service rather than driving while intoxicated. Mr. Todd reported that the survey conducted of businesses in Fayetteville, including hotels, clubs, restaurants, bus stations, hospitals, VA Medical Center, etc., regarding Fayetteville's taxi service revealed 91% in favor of a 24 hour taxi service with the c, March 3, 1992 I other 9% not answering the question. Todd further reported that 52% ofthe respondents indicated that response time was a problem; 30% indicated they would like more taxis; 30% of the respondents specifically indicated they would like longer hours; 26% indicated that they would like a newer and cleaner taxi service; 22% would like to see changes in professionalism or courtesy with drivers; 13% indicated a dislike for honking by taxis outside their businesses; 9% would like non-smoking taxis; 4% indicated problems with mobile phones operated at night by the existing service; 4% indicated problems. Todd stated that Twin City Taxi provides clean taxis, professional service, and a totally nonsmoking taxi service. Todd further explained that Twin City Taxi participates in the elderly and handicapped taxi program and presented reports from Fayetteville and Springdale on this service which indicated current service in Springdale is more satisfactory than that in Fayetteville. In addition, there has been a dramatic increase in ridership between the two cities, partially due to a closer base to respondents and faster response time. The reports indicated that there has been a 87% increase in ridership of the elderly and handicapped in Springdale in the past year as compared to a 5% increase in Fayetteville. Mr. Todd concluded outlining the benefits that Twin City Taxi can offer within the city limits of Fayetteville as follows: 1) 24 hour service; 2) 24 hour central dispatching; 3) clean, late model 8 passenger station wagon taxis; 4) computing of fares using digital meters; 5) increased payment options (cash, check and credit cards); 6) community service involvement (i.e. Project Graduation, Operation Safe Place, free New Years Eve service); 7) customer services such as carrying groceries; 8) climate controlled, smoke-free taxis; 9) uniformed professional drivers. Everett Cole, operator of C&H Taxi service, addressed the Board stating that his service hauls three times as many elderly and handicapped in Fayetteville as Twin City hauls in Springdale. With an average of 35 run on Fridays and Saturdays, there were very few from bars. He reported that Club West offered C&H service $20 per hour to stay open unti1=3:00 a.m. fortransporting their customers home in three months time, C&H made only four runs. C&H Taxi service operates 201hours a day as authorized by the City. The bus station and airport,close at 1:00 a.m, and they never leave anyone stranded. Cole further stated that Twin City Taxi service's rates by meter is approximately $2.00 base rate plus $1.50 per mile compared to C&H that measures straight across the map and charge a $2.25 base rate plus $1.00 per mile. During the hours of 1:00 and 5:00 a.m., Cole reported' antaverageLbf only two calls. Cole further reported that.the.'Citywof Fayetteville has just recently approved a 24 hour elderly. wheelchair ,taxi service which has decreased his ridership. C&H employs five drivers at an average fare of $4.00, and Cole reported -an overall decrease in ridership in the last few years. As -previously stated, C&H is busy on 14 146 March 3, 1992 Fridays and Saturdays, but during the remaining weekdays, they average 15 runs during an eight hour period. Cole suggested that the Board do further research on the necessity for two companies in Fayetteville as well as the taxi fares. He predicted that customers will call both taxi companies and which ever one arrives first will get the passenger. Cole further stated that he was advised by the City not to implicate them in any way in his business including the name of his company and stated that the same restriction should be extended to Twin City. In response to Mayor Vorsanger's question, Mr. Cole stated that he currently has four cabs operating, and he started with six when he was operating in Springdale. Michael Todd reported that Twin City operates two cabs and owns three. He stated that it is not their intent to put Mr. Cole out of business; however, it was necessary to make some comparisons between the two companies. Todd reiterated that the City of Fayetteville is large enough for two taxi companies. If business is decreasing in Fayetteville, it is because there are untapped sources of business. Marilyn O'Neal, dispatcher and night driver of C&H Taxi Service, addressed the Board stating that when she is driving and has delivered passengers to bars, they are guaranteed a ride home and she frequently operates until 5:00 a.m. O'Neal reported that 90% of C&H's customers are elderly on fixed income, and the fares are an important consideration. She cares about her customers and their safety. She further stated her concern that with two taxi companies, neither of them will make any money. Francis Moore, resident of Fayetteville, addressed the Board stating that her son Mike lives in Fayetteville and works at Butterfield Trails and depends totally on the public transportation system, and some of his best friends are cab drivers. Mrs. Moore stated that she would like her son to have a choice. Mayor Vorsanger closed the Public Hearing stating that the Board will study and discuss this request in the next two weeks and place it on the next agenda. In the meantime, he requested citizen comments on the addition of Twin City Taxi Service to the City of Fayetteville and the existing service offered by C&H Taxi Service. MULTI-ETHNIC ADVISORY COUNCIL Mayor Vorsanger introduced a resolution creating the "Fayetteville Multi -Ethnic Advisory Council." City Manager Linebaugh explained that Staff recommends the formation of this council. A recommendation was made during the Vision meetings for this type of ethnic council to advise the City March 3, 1992 Manager on minority needs. The Board of Directors would appoint the nine member council for 2 year terms. With the help of University professors and other people skilled in this area, plans are to devise a council with the following three primary purposes. (1) focus community attention on ethnic and cultural issues, (2) facilitate communication among elected officials and ethnic and cultural groups, and (3) bring together and assist community, civic, religious, business, governmental, and professional groups willing to work toward positive and harmonious community relations in Fayetteville. Mayor Vorsanger commented that because of the nature of the group,. the following language in the resolution is too restrictive: "The council shall consist of nine members not holding any other municipal office or appointment." It would prevent many qualified, able persons to serve on the council that are employed by the city. City Manager Linebaugh explained that thedefinition of a municipal office would be an office holder in the top echelon of the city government. In addition, a rule has been followed whereby an attempt is made for the different committees and councils to be represented by different. individuals. Mayor Vorsanger asked if this committee or council rules. City City Attorney Rose would need to language appears in any other Manager Linebaugh responded that research that question. Director Green asked if there were minority leaders involved in developing the council's guidelines and was interested in their input on this issue, and whether any negative response had .been received. Jerry Cooper, Staff Administrator, addressed the Board stating that the following individuals were involved in development of the council: (1) Political,Science Professor Will Miller from the U of A, whose expertise`- is with minority ihousing, education, and political .participation; (2) Jesse .Bryant, Vision Steering Committee member and. coordinator of the•Health Center; and (3) Jan Simco, Community Development Coordinator. In addition, Cooper reported that he has' received no negative comments only positive response from citizens. . - •- .� • . Cooper further quoted Dr. Wiii.Millei, ". . . he continues to be impressed by the willingness of the City to address these issues pro -actively." . t •° if Blackston, seconded by Green,made :!a motion to adopt the resolution. Upon roll call, the,resolution,passed by.a vote of 5 to 0. Yd • RESOLUTION 32-92 AS RECORDED,IN'THE,CITY CLERK'S OFFICE if 1 145 March 3, 1992 1991 ROLL FORWARDS AND RE -BUDGETS Mayor Vorsanger introduced a resolution approving the 1991 roll forwards and re -budgets for projects and budgeted items that were not completed or purchased during the 1991 fiscal year. City Manager Linebaugh stated that Staff recommends approval of the budget adjustment which will make the roll forwards and re -budgets a part of the 1992 Budget. The approval of these items will not affect the City's financial position as this money is in the fund balance. Henry, seconded by Blackston, made a motion to adopt the resolution. Upon roll call, the resolution passed by a vote of 5 to 0. RESOLUTION 33-92 AS RECORDED IN TEE CITY CLERK'S OFFICE UTILITY EASEMENT Mayor Vorsanger introduced an ordinance approving condemnation proceedings for a Utility Easement on the Ted and Lela Williams property for engineering and construction of the 36" water line. City Manager Linebaugh explained that this property is necessary for the 36" water line to continue up Finger Road up to the new water tanks. The property owners have refused entry onto the land for purposes of surveying, and their attorney has advised that the Williams' are unwilling to negotiate with the City for entry and easement on their property. In order to continue on with the 36" water line project, Staff is recommending approving the condemnation proceedings and believes this is the best way to proceed as it does the least damage to the area. Linebaugh further explained that the proposed easement primarily follows where there is an underground power line easement. There was a lengthy discussion on this item in the agenda session, with no new information to report since then. The ordinance was read for the first time. Green, seconded by Blackston, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 5 to 0. The ordinance was read for the second time. Green, seconded by Blackston, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 5 to 0. The ordinance was read for the third and final time. Ted Williams, Board stating property. He and there are owner of the property in question, addressed the that his property is not city property, but rural stated that this water line will ruin his property, other options besides cutting across his property. March 3, 1992 Director Blackston reiterated his session that the City be allowed to that the Board can be provided with order to reach a fair decision, available routes. recommendation from the agenda make the preliminary survey, so facts and figures to analyze in and possibly discover other Mr. Williams responded that he has given the preliminary survey some thought and still does not want anyone on his property or the easement across it. Director Henry explained to Mr. Williams that the City can not come onto his property to survey without his permission; the preliminary survey would assist the Board in making a better decision. Director Blackston further stated that without Mr. Williams' consent to conduct the preliminary study, the only alternative is to either condemn the property or suggest that another route be located. Mr. Williams responded that the City would just have to condemn. Director Green stated that Mr. Williams doesn't want anybody on his property and that is certainly his right. The cost estimates received to go around the Williams' property was $25,000, or six times the cost of $4,000 for the easement across the property. Green stated that the overhead power easement has already encroached on his property, and this underground utility will not have any more of a detrimental effect. Upon roll call, the ordinance passed by a vote of 5 to 0. ORDINANCE 3602 APPEARS ON PAGE 4a/ OF ORDINANCE BOOK ?(XVI OTHER BUSINESS • -.WALTON ARTS CENTER SIGNS Mayor Vorsanger asked Planning Director Alett Little for an update on the announcement.sign for the front of the Walton Arts Center. He stated that the Board of Adjustments is at a stalemate with a vote of 3 to 3 on this matter. i .. Alett Little reported -that the'Walton"Arts Center requested a variance for the size of and setbackfor1the bulletin board. She explained that bulletin -boards are exempt from the requirements of the sign ordinance in that they do not require a permit. She further explained the requirementstthat' do relate to bulletin boards as follows: 11) the area of a bulletin board may not exceed ten square feet; (2) the bulletin board must be set back from the property line fifteen feet; unless the size of the sign exceeds ten square feet, and then the set back is one additional foot per each two feet of the size -of the sign. 150 March 3, 1992 Ms. Little reported that the Walton Arts Center has requested a 12.22 square foot sign which would require a 16h foot set back. She explained that the Walton Arts Center requested the size variance for the specific reason that the a "3 sheet" promotional literature from the travelling play companies which is industry standard size at 40" x 80" (12.22 sq. ft.). Ms. Little went on to explain that there is only 15 feet between Walton Arts Center as located on Dickson Street and the right-of-way line. In order for the bulletin board to be seen with all of the landscaping, they have requested to put the sign about five to six feet from the property line which would leave nine to ten feet from the sign to the side of the building. In order for the bulletin boards to be seen, they need to be placed on the street side of the landscaping. The Walton Arts Center has requested two bulletin boards on the West Street side and two on the Dickson Street side. The sign ordinance is silent on the number of bulletin boards permitted. Bill Mitchell, of the Arts Center, addressed the Board explaining that a great deal of consideration went into this particular package of bulletin board signage. Many of the other kinds of marques considered by the Arts Council were in direct violation of the sign ordinance. The bulletin boards would be placed six feet from the right-of-way and adjacent to a curb cut on both Dickson and West streets and would actually be fifteen feet from traffic due to the depth of the curb cut. Director Green asked if any of the bulletin boards impede line of sight with vehicle traffic or present any other safety hazard. Mr. Mitchell responded that due to the large curb cut, there would be no restrictions in vision. The Arts Council believe they had been respectful of the sign ordinance and did not anticipate any problem with the installation of these bulletin boards. Dennis Becker, Vice Chairman of the Board of Sign Appeals, addressed the Board stating that Don Mills and Mr. Davis had no real problem with the signage only with the number of signs requested. Becker further stated that this request lost two positive votes due to the technical flaw of the number of signs requested on the application. Mr. Mitchell responded that the application was written in the singular by error, but the application in its first line indicates four signs. City Attorney Jerry Rose explained that on an appeal from the Board of Sign Appeals, the Board of Directors first votes on whether they want to hear the appeal or not by simple majority vote. If this is favorable, then they vote on the appeal. Spivey, seconded by Green, made a motion to hear the appeal. Upon roll call, the motion passed by a vote of 5 to 0. March 3, 1992 Henry, seconded by Spivey, made a motion to grant the variances requested by Walton Arts Center. Upon roll call, the resolution passed by a vote of 5 to 0. RESOLUTION 34-92 AS RECORDED IN THE CITY CLERK'S OFFICE MAYORS' CONFERENCE Mayor Vorsanger announced that on March 12 there would be a Mayors' conference on tourism at the Hilton. ADJOURNMENT The meeting adjourned at 8:39 p.m. m •