Loading...
HomeMy WebLinkAbout1993-09-21 Minutes222 MINUTES OF A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, September 21, 1993, at 6:30 p.m. in the Council Room of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. PRESENT: Mayor Fred Hanna; Aldermen Conrad Odom, Woody Bassett; Fred Vorsanger, Len Edens, Joe Box, Heather Daniel, Stephen Miller, and Kit Williams; Assistant City Attorney LaGayle McCarty; City Clerk Sherry Thomas; City Treasurer Glyndon Bunton; Assistant to. the Administrative Services Director Brian Swain; Planning Management Director Alett Little; Public Works Director Kevin Crosson; members of staff, press, and audience. CALL TO ORDER Mayor, Hanna called the meeting to order with eight aldermen present. .M t CONSENT AGENDA Consideration of items which may be approvedby 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 September 7, 1993 regular City Council meeting. B. Removed from Consent Agenda C. UNITED WAY: A resolution approving the sale of two acres of Lake Fayetteville Park land located at the southeast corner of Ivey Lane and Highway 265 for $15,000 to the United Way of Washington County. The Parks & Recreation Advisory Board recommends selling this land to the United Way. Vorsanger, seconded by Miller, made a motion to approve the consent agenda. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 94-93 AS RECORDED IN THE CITY CLERKS OFFICE ITEM B - CONSENT AGENDA - REGIONAL AIRPORT B. .Acceptance of a Federal Grant Offer as a co-sponsor for the Environmental Impact Statement for the Northwest Arkansas Regional Airport Authority, a resolution authorizing the Mayor to execute certain documents related to the federal grant and the EIS, and a memorandum of understanding between the FAA and the Regional Airport Authority. 223 r The $730,000 cost •of Athe -EIS ` wills be paid by the FAA, the State of Arkansas, and the Northwest Arkansas Regional Airport Authority, and4no City funds will be used.. Alderman Williams requested Item B be pulled from the Consent Agenda. He stated he had written a letter to the FAA in June and asked them why they were going to spend millions of dollars on a new airport when the guidelines state to start planning a new airport when the current facility reaches 60% capacity and start building a new facility when the current airport reaches 80% capacity. He understands Drake Field is at less than 30% capacity. So, he is asking the FAA again publicly why they would be spending all of this money on a new airport. He would like to have an answer to this question. Bassett, seconded by Odom, made a motion to .approve the Environmental Impact Statement for the proposed regional airport. Upon roll call, the motion passed -by a vote of 7 to Oato 1, with Director Williams abstaining. RESOLUTION 95-93 AS RECORDED IN THE CITY CLERR'S OFFICE APPEAL/CRYSTAL SPRINGS SUBDIVISION Mayor Hanna introduced consideration of an appeal of a decision by the City Council regarding whether or not to hear an appeal of the Planning Commission's decision approving the Crystal Springs Subdivision, Phase I. Alderman Box stated he made a promise to listen member of the City Council. So, he has made a Council that they listen to the opposers of this when he -.became a request to this development. Box, seconded by Daniel, made a motion to hear the appeal. Alderman Williams stated he agrees with Alderman Box. Even though this has been compared to the development on Country Club Hill, this is different. The developer has the right to appeal to the Council, so they should also let the neighbors appeal. Alderman Miller stated he felt the developer was very conscientious, but he also understands the concerns of the neighbors. Upon roll call, the motion passed by a vote of 8 to 0. Mayor Hanna stated there will be a public hearing on this appeal at the October 5 meeting of the City Council. REZONE R93-36 Mayor Hanna introduced consideration of an ordinance rezoning 1 acre located at 750 Cherry Lane from R-1, Low Density Residential, to R-1.5, Moderate Density Residential, as requested by Dub September 21, 1993 Dunaway. The Planning Commission voted unanimously to approve the rezoning. Assistant City Attorney McCarty read the ordinance for the first time. Miller, seconded by Odom, 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 8 to 0, and McCarty read the ordinance for the second time. Odom, seconded by Miller, 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 8 to 0. The Assistant City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3723 APPEARS ON PAGE OF ORDINANCE BOOR Win RIGHT-OF-WAY RETURN Mayor Hanna introduced consideration of a resolution returning property acquired for railroad right-of-way but not used to the former owners, Mr. Loris Stanton and Mr. Rob Lewis. Mayor Hanna stated $1.00 had been paid by the City for this right-of-way, and it would be returned by the property owners. Alderman Vorsanger stated he was concerned about this because citizens have called him about their property being returned. He stated the City has applied for and received a grant to make this area part of the City's bikeway path. He wants to make sure the City will not need this property later on for the bikeway project. Alett Little stated the City will have to find another right-of-way because since the Stanton/Lewis property was not used, according to the agreement with the railroad, the property has to revert back to the property owners. Some of the property has already reverted back. An alternative route for the bike path has been discussed along 15th Street and Morningside. Alderman Edens asked if this would complete the return of land for this project. Little stated according to the land agents, this is the only one that has to be done in this manner. Williams, seconded by Odom, made a motion to approve returning the property. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 96-93 AS RECORDED IN THE CITY CLERIC'S OFFICE September 21; 1993: NOISE -ORDINANCE AMENDMENT Mayor Hanna introduced consideration of an ordinance amending the Noise Ordinance. This amendment will add to the present ordinance "make liable persons that permit, contract, or allow to be operated on premises" on public or private, property any "identifiable" source of sound in such a manner as to create a sound level which exceeds the limits set for the receiving land use category in Table 1. It will also reduce the sound level limits in R-1, R-2, R-3, R- 0, and R-1.5 zoning districts Assistant City Attorney McCarty read the ordinance for the first time. Alderman Williams thanked the other members of the Ordinance Review Committee as well as the other members of the Council who had helped, the police department, and the bar owners for their cooperation. He stated the amendment to the ordinance lowers the decibels by 10, and he feels this is a reasonable and fair compromise and should solve the noise problems. If it does not, the Council can make further changes to the ordinance.F He hopes this will end the complaints, and he encouraged customers to be more quiet. He stated the Council was recommending including an emergency clause with this ordinance, so it could go into effect sooner. Alderman Miller stated some citizens need to be more considerate and some need to be more tolerant. This is a college town,•and some people like to party. .He feels Alderman Williams has done an excellent' job with amending the ordinance. Alderman Box thank the police department and others who worked on this ordinance. He stated he was not altogether happy about this ordinance. He would like for the citizens not to have to register complaints with the police department to get something done. But: he feels this •ordinance can always be further amended at a later time. - Alderman Bassett stated he does not want to have to go over this ordinance any more. He feels all the people on both sides have tried to work together and compromise and balance fundamental business interests and protect the interests of the homeowners. the stated there was noway to satisfy everyone, but he feels this:is a very good effort. - . . Rosa Robinson stated she lives about a block from George'sand,the Powerhouse. She thanked the committee .for all their work. She stated everyone involved with -the nmoise problem has talked with each other frequently for the past two years, and that has been very encouraging. She would like to see a change in the proposed amendment. Where the ordinance reads the sound is to be measured "from within the complainant's property", she would like to add September 21, 1993 "from any point" within the complainant's property. A lot of the times the noise is louder in the upstairs bedroom, for instance, than in a downstairs room. She also wanted to ask that there be a ban on outside music on Monday and Tuesday nights, and that these nights be set aside as "quiet nights." Currently, there is no business that plays music these nights, but she feels there will eventually be someone that opens a business and fills these nights with music. She stated this is not an unconstitutional request because some cities already utilize this concept. Alderman Daniel stated she feels Robinson's first request is very reasonable, but she does not agree with her second request. Mayor Hanna stated he has driven and parked in front of her house to listen to the music. He stated if he could hear the music on Lafayette with her house between him and the music, he agrees that the music would be louder inside her home. He feels her first request is a reasonable one. Alderman Williams stated he feels the police should measure the noise where it is the loudest.. They have been measuring from the closest boundary to the noise. Alderman Miller stated he feels the noise should be measured at the point requested. Alderman Edens stated this is one of the few ordinances that the police department cannot enforce without a complaint being filed. Alderman Williams stated this ordinance was designed to protect citizens. Alderman Miller stated complaints should be required because Fayetteville police have better things to do that drive around with decibel meters. Alderman Williams stated he agrees with Alderman Daniel regarding Robinson's second request, but he is glad there is not outdoor music every night. Alderman Box stated he felt it was a good idea to block off certain days as quiet days, but he would be upset if people told him he could only sell things at Sears on certain days. Miller, seconded by Williams, 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 8 to 0, and McCarty read the ordinance for the second time. Williams, seconded by Miller, 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 8 to 0. The Assistant City Attorney read the ordinance for the third time. Williams,, by adding vote of 8 secondedtby "any point" too. "September 21 fit 1993; Miller, made a motion to amend the ordinance Upon roll call, the amendment passed by a Charles Howard, resident at 210 W. Lafayette, stated he lives about 1/3 mile from George's and less than 1/2 mile from Powerhouse. He stated he does not feel the ordinance received adequate review. Had there been another ordinance review meeting, Ms. Robinson could have come and made her suggestions about revisions. This is the second year the City has dealt with this ordinance. He understands there have been noise problems for years in Fayetteville that,kiade been ignored. He felt the Board of Directors last year made changes to this ordinance that were intended to protect the people making the noise. He stated some people had wanted the Northwest Arkansas Symphony to adhere to the same standards, but Mr. Howard stated the symphony does not stay outside all of the time and create noise like the beer joints do. He stated he has measured the decibel levels at various times during the night and they have usually exceeded 62 decibels. He does not know if this new revision will solve the noise problems. He feels it might help if it is enforced. He feels the ordinance Review Committee rushed through this as the previous Board of Directors had done. He stated the Board of Directors practically made it impossible for anyone to complain. He asked if he could complain if he were only a patron. Assistant City Attorney McCarty stated that was not the intention of the ordinance. Mr. Howard stated he' feels this ordinance is probably not constitutional. He feels everyone has the right to have the noise ordinance enforced. He has pointed out and written letters to the City regarding other problems in the ordinance. He stated .there are some alternatives to the decibel method of controlling noise: Conway uses the standard that the noise ".should not be heard .50 - feet from the source after 11 p.m." Greensboro, North Carolina states the noise should not be heard 150 feet from the source.- The. Branson, Missouri ordinance states no noise is to be heard across the property line after 10 p.m. However, Fayetteville has allowed noise to be heard from miles away. He stated old people have been ignored in order to let the kids get out and play music as loudly as they want and until they stop selling beer. He suggested a noise curfew. Some people are in favor of this type curfew which would restrict loud speakers and amplifiers after a particular time. The City closes its parks after 11 p.m., so why do we allow loud music. Mr. Howard stated the proposed amendment said the liability will be placed on -the establishment that hires the bands. He.asked why the City was.not also going to hold the bands accountable. , .. • September 21, 1993 Alderman Williams stated the ordinance does hold them accountable in the language that reads, "causing to be operated". He stated the bands have always been held accountable. Mr. Howard stated he feels people should not have to hear this noise, and he does not feel the City should tolerate loud bands. Mayor Hanna stated he appreciated Mr. Howard's comments. He stated he will get with the Police Chief in the morning and discuss the enforcement of the noise ordinance. He stated Fayetteville is not trying to parallel any other city's ordinance. He feels Fayetteville is different, and he is glad that it is. This is not a new problem to Fayetteville. He feels the people on the City Council and the committee have tried not to favor any segment of the population. In addition, he has only had one complaint from the residents of the high rise about noise. He also does not believe the hours of the noise ordinance have anything to do with the hours beer can be sold. He hopes this new revision will solve the noise problems, but if it does not, the City Council can again review the ordinance. Jim Miles, one of the owners of the Powerhouse, stated he sees a problem with a noise source being "identifiable." He asked if the police will measure the music coming from a beer garden or other outside noise? Alderman Williams stated the intent of the ordinance is for the noise to be discernable. The music must be loud enough to be heard and move the meter on the decibel level indicator. Mr. Miles stated he feels measuring the noise will be a difficult job. He has been in contact with Mr. White and tried to keep the music level down at his place. Mr. A. 0. White addressed the Council. He stated he is the only person that owns rental property in the area, the Beverly Manor Apartments that he built in 1961. He has had much concern about being able to rent his property because of the excessive noise. He feels this is a very good Council and one of the best in recent history. He is in favor of trying the 55 decibel limit. He has had experience with the police in the past three years and has called them about 75 times to complain of the noise. He has only been trying to protect his property, and he believes everyone can live with this new amendment. He likes outside music and feels it is good and healthy; he just wants it toned down. He and Jim from the Powerhouse have been working together on this noise problem. Bonnie Davis, 128 District, stated Murdocks. She is noise coming from trying to be fair. E. Davidson in the Washington -Willow Historic her property adjoins both River City and Doc awakened early in the mornings because of the these businesses. She feels the committee is She requested the committee limit the expansion 1 4 September 21, 19935. £y of 'the time bars on Dickson Street can play music. She is concerned because there .is a limited number of police officers availableto handle this problem at nights and on weekends. She thanked the City Council for their efforts. Margaret Blair thanked the City Council for their service. She asked in the event of a lawsuit by a beer garden employee who has experienced a hearing loss, would the City be liable? Assistant City Attorney McCarty stated the City would not be liable and is protected from this type of claims. Alderman Williams stated he does not foresee any additional problems. Upon roll call, the ordinance amending the noise ordinance was approved by a vote of 8 to 0. Upon roll call, the emergency clause was approved by a vote of 8 to 0. ORDINANCE 3724 APPEARS ON PAGE /1 OF ORDINANCE BOOK )(XVII OZARK THEATER BUILDING Mayor Hanna introduced consideration of a resolution approving an agreement between the City and the Resolution Trust Corporation for transferring the interest RTC has in the Ozark Theater Building to the City of Fayetteville. Mayor Hanna stated he has been working on this project today, and talking with reps of the RTC. Their resolution only gives the City 6 months to clean up the property, and he wants the City to have 1 year. He stated the Downtown Parking Authority has contacted him, and they want to lease the property, and they will undertake removing the building from the property. However, he stated someone may offer to buy the property 'from the City or a portion of the building and renovate the front and put parking in the rear. 4.: Mayor Hanna stated the cost estimates for tearing down the building and/or removing the asbestos have gone down since first calculated several years ago. In 1991, it was estimated to take $11,915.to remove the asbestos floor tile. It was estimated to take an additional $7,500 to removed the pipe and joint asbestos.: However, the cost of removing the pigeon droppings was more than that of removing the asbestos. Since the asbestos is limited to only the ceiling tiles and some of the pipe insulation, the liability is not as great as if it were loose type asbestos. J Alderman Edens askedwhat the estimate was to take the building down to the ground. 4 September 21, 1993 Mayor Hanna stated the last estimate by Mr. Dahlinger, City Building Maintenance Supervisor, was under $40,000. He feels it is now closer to $30,000. Mayor Hanna stated he has been contacted by some people wanting to get the antique bricks off the building. Kevin Crosson stated he feels the worst case scenario on costs would be $40,000 to remove the building. Alderman Williams stated he was in favor if the Mayor is still allowed to negotiate the time for removal to one year. Mayor Hanna stated he does not appreciate them limiting the City to 6 months when this building has been in a horrible state for many years. Alderman Bassett stated he agreed because the building has been a blight too long. Alderman Daniel asked how many square feet was in the front part of the building that someone might want to renovate. Mayor Hanna stated there was approximately 4,900 square feet in the three floors. Alderman Daniel stated she would like to see it restored. Alderman Bassett stated there are a lot of options available for the property. Alderman Miller stated he was concerned about RTC having let this building sit and deteriorate all of these years and now they have offered it to the City. He asked if when the City takes control of the building, is the City then liable for it. He also stated he did not appreciate them giving the City 6 months to clean it up when it has been sitting there in such disrepair for many years. Williams, seconded by Bassett, made a motion to approve accepting the old Osark Theater Building. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 97-93 AS RECORDED IN THE CITY CLERK'S OFFICE OTHER BUSINESS PARKING STUDY Mayor Hanna stated the City is going to initiate a parking study because of requests by downtown merchants and the Walton Arts Center people. He will ask the Traffic and Street Superintendents and the Public Works Director to start addressing this. He will also be asking some of the City Council to be on this committee. 1 September 21, 1993;8 Alderman Bassett stated he feels this is an excellent idea. The City needs to know about theparking before more decisions are made. Alderman Williams asked if this would be an in-house study. Mayor Hanna stated it would. WINDSHIELD FLYERS Alderman Miller stated he had parked at the Walton Arts Center, and some club had put advertisement flyers on his windshield. There were 2-3 dozen of them blowing around and littering. He is against this, and he will have the next people who distribute these flyers and cause littering to be prosecuted. YOUTH PROBLEMS Alderman Miller stated there have been several instances of problems with area youth since school started. There have been some windows shot out and late night drinking, fighting, etc. He has been asked about reconvening the Juvenile Concerns Committee meetings. Alderman Bassett stated he has received some calls on this as well, and he plans on calling a committee meeting in the near future. CAPITAL IMPROVEMENTS PROGRAM PUBLIC HEARING Brian Swain stated there would be Improvements Program on Thursday, in Room 219. a public hearing on the Capital-. September 23, 1993, at 7:00 p.m." LAND USE PLAN PUBLIC HEARING • Alett Little stated the final public hearing on the Land Use Plan will be held on Monday, September 27, 1993, at 5:00 p.m. in Room '219 (or 326 if 219 is unavailable). Alderman Vorsanger stated Professor Mort Gittleman wrote a good letter dated August 30 regarding the Land Use Plan. Little stated she received the letter as well as some from his students.. These letters will be presented to the consultant for his comments. ADJOURNMENT The meeting adjourned at 7:59 p.m. •