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HomeMy WebLinkAbout1995-06-20 Minutes199 MINUTES OF A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, June 20, 1995, at 6:30 p.m. ,in the Council Room of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. PRESENT: Aldermen Stephen Miller, Kit Williams, Cyrus Young, Woody Bassett, Steve Parker (arrived late), Len Schaper, and Heather Daniel; City Attorney Jerry Rose; City Clerk/Treasurer Traci Paul; members of the staff, press, and audience. ABSENT: Mayor Fred Hanna and Alderman Jimmy Hill CALL TO ORDER Vice Mayor Bassett called the meeting to order with seven aldermen present. ANNOUNCEMENTS Vice Mayor Bassett announced that he would be chairing the meeting because Mayor Hanna is out of town. Alderman Miller will be chairing the Agenda Session on Tuesday, June 27. Alderman Parker arrived. Vice Mayor Bassett stated that Alderman Hill had surgery and is in the hospital. The Council sends their best wishes to him and his family. COUNTY SALES TAX REPORT In response to the decision by the Arkansas Supreme Court regarding the county sales tax, Vice Mayor Bassett asked City Attorney Jerry Rose to give a report. Rose explained that in the past there were problems with County Tax Assessors charging too much when assessing real property. The problem was addressed by the passage of Article 16, Section 9 of the constitution of Arkansas. The amount of tax and what it could be used for was limited. In 1981, as a result of the legislature of Arkansas authorizing counties to have a one cent sales tax, Washington County passed their present sales tax. Jefferson County passed a similar tax which was challenged. Yesterday the Supreme Court agreed with the challenger and struck down the tax in Jefferson County. The City of Fayetteville's General Fund receives about $5.7 million from the Washington County sales tax. Approximately 40% of the General Fund money is provided for by the tax. 200 The case in County. If Sixty of the June 20, 1995 Jefferson County does not yet apply to.Washington it is upheld, it will.,apply,to-,Washington.. County. 75 counties in Arkansas have this type of. tax: Rose advised the Council not to take any action at this time. He explained that if a refund is in order, the general rule is that refunds are from the date"of.the filing of the suit challenging the tax. OLD. BUSINESS Vice Mayor Bassett introduced consideration of items that have been ,brought before the Council but were tabled or no decision made to alit* further information to be presented: A. ::DRAINAGE AND EROSION CONTROL ORDINANCE: An ordinance establishing stormwater management, drainage and erosion control guidelines. Vice.MayoriBassett explained that the ordinance had been tabled at the June 6Council meeting. Young, .seconded by Miller, made a place the ordinance on the third call, the motion passed by a vote motion to suspend the rules and and final reading. Upon roll of 7 to O. The City Attorney read the ordinance for the third time. Vice Mayor Bassett asked for any public comment. There was none. Alderman Miller pointed out that the ordinance had been tabled so that an emergency clause could be prepared. Upon roll call, the ordinance passed The City Attorney read the emergency Upon roll call., the emergency clause ORDINANCE 3895 APPEARS ON PAGE by a vote of 7 to O. clause. passed by a vote of 7 to 0. OF ORDINANCE BOOK B. REZONING R95-11: An ordinance rezoning 5.89 acres located on the.northside of Appleby Road,..in Phase II of Regencyt.North Subdivision .from 12'1/. -Medium Density Residential to R -O, Residential - Office, as requested by Charm Homes. City Attorney Rose read the ordinance for the second time:' Vice Mayor Bassettasked for any public comment. There was none. Alderman Miller expressed support for the rezoning. 201 20 June 1k, 1995 Williams, seconded by Miller, made a motion to suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 7 to 0. The City Attorney read the ordinance for the third time. Alderman Williams expressed support for the rezoning. Alderman Schaper expressed support for the rezoning but wanted to be sure that the developers were aware of the screening requirements. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3896 APPEARS ON PAGE OF ORDINANCE BOOK C. ANNEXATION RECONSIDERATION: An ordinance annexing 99.8 acres located north of Huntsville Road and east of Jarnagan Lane. Vice Mayor Bassett announced that Mr. Bayyari has requested the item be postponed until the July 5 Council meeting. Vice Mayor Bassett asked for any public comment. There was none. Williams, seconded by Parker, made a motion to table the item until the next meeting. Upon roll call, the motion passed by a vote of 7 to 0. CONSENT AGENDA Vice Mayor Bassett 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 June 6, regular City Council meeting. B. A resolution approving the payment of $2,803.90 to the Niblock Law Firm for services rendered for incinerator disengagement lawsuit for the months of February and March, 1995. RESOLUTION 85-95 AS RECORDED IN THE CITY CLERK'S OFFICE. C. A resolution approving a budget adjustment for the purchase of additional plastic bags to be used in the City's Curbside Recycling Program. RESOLUTION 86-95 AS RECORDED IN THE CITY CLERK'S OFFICE. 202 ID June ,.1995 A resolution approving a budget adjustment.:and awarding,. Bid 95-3.7 to KME Fire Apparatusfor the .purchase of a•new,: pumping engine for the Fire Department for a cost of $2291443. RESOLUTION 87-95 AS RECORDED IN THE CITY CLERK'S OFFICE. E . A resolution awarding Bid 95-32 to the lowest qualified bidder meeting specifications, Ross Equipment Co.:, for. the purchase of a new surface mount vehicle .lift for a total cost of $56,465.37. RESOLUTION 88-95 AS RECORDED IN THE CITY CLERK'S OFFICE. F. A resolution approving the first .amendment tothe. supplemental agreement with Development Consultants, L.L.•C. Engineering, in the amount of $4,940. RESOLUTION 89-95 A8 RECORDED IN THE CITY CLERK'S OFFICE. G . A resolution approving the first amendment to the Engineering Services Agreement for the Joyce Road extension with CEI Engineering, awarding an additional $31,595 and awarding an additional project contingency of $3,159. RESOLUTION 90-95 A8 RECORDED IN THE CITY CLERK'S OFFICE. H . A resolution approving amendment. #2 with McGoodwin, Williams, & Yates for alternative site evaluation, including drainage studies, foundation designs,,.and an updated construction cost estimate for the alternate site selected by the City -.Council for:the solid waste transfer station and materials recovery facility. RESOLUTION 91-95:AS RECORDED IN THE CITY CLERK'S OFFICE. Parker, agenda. HMR TAX Seconded by Young., made a motion to approve the consent Upon roll call, the motion passed by a vote of 7 to 0. 4 Vice Mayor Bassett introduced consideration of an ordinance.levying an additional' 1% HMR taxto be used by the Parks and Recreation Department for the promotion and development of City parks and recreation areas and referring the ordinance to the people for adoption or rejection -on a special election ballot at a special election to beheld on November 14, 1995. City Attorney Rose read the ordinance for the first time. 203 20 June \c, 1995 Vice Mayor Bassett asked Susan Driver, Chairman of the Parks and Recreation Advisory Board, to address the Council. Susan Driver explained that in May 1994 the City Council approved a master plan establishing goals, standards and plans for the development of the City's Parks and Recreation Department. The first priority of that study was to seek additional funding for maintenance and development of new and existing facilities. In September the Parks and Recreation Advisory Board appointed a financial study ad-hoc committee consisting of members of the planning office, the City Council and City administrative team. The tasks assigned to the committee were to study the needs of the parks and recreation system using the master plan and the 2010 plan, taking into consideration what would be achievable with the 5 -year capital improvement plan and looking at the projects on the unfunded list. Part of the task was to determine the approximate cost of these projects and, after studying available revenue sources for additional funding, make a recommendation to the Parks Board. Driver then introduced Bill Waite, a member of the Parks Board to present the findings of the study. Bill Waite presented overheads addressing three questions: Why are the funds needed? What kind of funds are needed? What would the funds be used for? Waite reviewed the needs, expenditures and financial status of the Parks & Recreation Department, reminding the Council that the Department had had no increase in administrative funding for the past ten years. The needs of the Parks and Recreation Department have historically fallen below those of more immediate needs of the City. The HMR tax could provide a stable base to help provide for the needs of the City. The study revealed needed improvements such as satellite community centers, small parks, athletic fields, development of Walker Park as a trail system and senior citizens center. Susan Driver emphasized that the HMR tax would be a source of funding that could be used for acquisition, development and maintenance, making it a very flexible source of funding for the parks system. It would also separate Parks and Recreation from competition with other infrastructure needs of the City which have consistently pushed the parks to the back of the list for funding. The HMR tax would provide long the city grows and would allow fair tax that evens the burden least half it would be paid by range funding which would grow as for long range planning. It is a on the citizens of the city as at the tourist industry. 204 20 June . , 1995 The Parks and Recreation Advisory Committee solicited input from., many groups, including the Advertising and Promotion Commission whoa voted unanimously in favor of encouraging the City Council to put the HMR tax before the voters. Vice Mayor Bassett asked if the Council had any questions .for Susan. In response to a question from Alderman Parker regarding concern about liquor by the drink being on the same ballot with the HMR-` tax, Driver expressed that the committee had confidence this would not be a problem. Alderman Young asked if "parks and recreation" have been fully defined so that the public is well aware of the intended use ofthe tax on which they are voting. Susan Driver referred Alderman Young to the master plan. Alderman Williams stated he did not feel this would be a significant problem since the Advisory Committee had listed the various projects. In response to a Rose said that construction -and the ordinance or area. question from Alderman Williams, City Attorney the ordinance calls for the development, maintenance of city parks. There is nothing in statute which defines a city park and recreation Susan Driver said that one of the outstanding things. about the parks system in Fayetteville is that it has been in cooperation with the schools and with the Youth Center resulting in a very efficient use of the tax dollars. In response to a question from the audience, Susan Driver explained .that the HMR tax is a tax on the meals eaten at hotels, motels and restaurants in the area and rooms rented at hotels and motels. This would result in much of the revenue coming from out of town visitors. Vice Mayor Bassett asked for public comment. Morty Newmark, who lives on Overcrest Street not far from -Gully Park,..:stated that he felt, given the stated will of the people and the increase in development in the area, something needs to be done as soon as possible to acquire land for- parks and ensure maintenance and development of recreation areas. -With the HMR tax, a big portion of this expense will be assumed by -•visitors to the area. He felt .the needs of parks and recreation had been put off too long. 205 20 June 15, 1995 Tom McKinney of the Sierra Club stated his support for putting the HMR tax on the ballot. Fayetteville has a great parks system which draws even those from out of town. He urged the Council to allow the citizens to vote on the issue. Vice Mayor Bassett asked for further comments from the public. There being none, he brought the issue back for discussion before the Council. Alderman Daniel voiced support for the HMR tax but if a vote is taken tonight, she would have to abstain. She feels that since she missed the agenda setting meeting, she would need more time to review the material provided. Alderman Schaper thanked Susan Driver and Bill Waite for their thorough presentation. He expressed agreement with Vice Mayor Bassett regarding the need to catch up on the city's infrastructure, both parks and roads. The HMR tax makes very good sense. It is a permanent solution for a permanent need. The issue is independent of the incinerator issue. The Council is not in a position to impose this tax, simply to allow it to go before the voters in November. Alderman Parker stated the HMR tax is a very good idea. He suggested the possibility of placing the tax onto the same ballot as liquor by the drink, with the election being paid for by proponents of liquor by the drink, saving money for taxpayers. The HMR tax and a possible temporary sales tax a year from now are incompatible. He suggested getting a legal opinion on the possibility of suspending the HMR tax for the two year duration of the proposed temporary sales tax. Alderman Miller expressed his appreciation to Susan Driver and the Parks Board and the work Vice Mayor Bassett has done on this. He expressed reservations about a general sales tax since it taxes food and medicine, which hits lower income families much harder. He expressed support for the HMR tax, mentioning again that much of the revenue would come from visitors rather than residents of the area. Alderman Williams stated the HMR tax is more discretionary than a general sales tax. He also agreed with Vice Mayor Basset that if the citizens pass the HMR tax in the fall, it will be much more difficult to get any other kind of tax passed in the spring. The citizens should have a chance to vote on the HMR tax. The Supreme Court decision regarding county sales taxes may present the possibility of a substantial loss in revenue. At some point the Council may have to ask for a permanent sales tax to make up the loss. • 206 20 June 4, 1995 In response to a question from Vice. Mayor Bassett, City Attorney Rose affirmed that State law would not allow the city to pass another permanent sales tax on top of the current sales tax. Two years is the maximum allowed and that must be for specific projects. Alderman Young stated that he second fiddle to other needs incinerator should not affect placed before the people for a felt the parks had been playing of the city for too long. The this issue. The issue should be vote. Vice Alderman Bassett explained that when he wrote the memorandum which was sent to the Council members, he was not aware of. the Arkansas Supreme Court decision regarding county taxes. It is obvious this will create some uncertainty. He explained that he does not think the incinerator disengagement lawsuit has anything to do with the needs of Parks and Recreation. He wanted to make it clear he did not intend to run down the HMR tax proposal and is not opposed to additional funding for parks and recreation. There is a better way to achieve this funding. A temporary sales tax would appeal to some citizens and would generate much needed revenue for infrastructure needs, with money set aside for parks and recreation. The HMR tax is permanent.. Passage of this tax would make it extremely difficult for the city to acquire additional revenue for road and streets through an additional temporary sales tax or bond issue. With any tax proposal presented to the people should come some reasonable expectation that it will succeed. There might be a better chance of bringing the people together on a temporary sales tax, with the bulk of the revenue going to streets and highways. Vice Mayor Bassettexpressed his opinion that it might be better to save the rest .of this year for dealing with the incinerator case, finishing the land.use plan, completing the unified development ordinances and strengthening the tree preservation ordinance and its enforcement and all the other growth issues of the city. Vice Mayor Bassett expressed his support for presenting a two year temporary one cent sales tax to the voters in March or April 1996. There is a better way to secure additional funding for all our capital and infrastructure needs then the ordinance before the Council. If the..majority of the City Council votes to refer the HMR tax to a vote of the people, Vice Mayor Bassett stated that he would not be a part of any effort to defeat the tax. 207 20 June 4, 1995 In response to a question from Alderman Daniel, City Attorney Rose stated that a ruling on the incinerator issue will probably be made in mid-July. Alderman Daniel stated that the voters will know the result of the incinerator issue by the time the HMR tax comes to vote in November and will be able to take the results into consideration. Miller, seconded by Schaper, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion failed by a vote of 5 to 2, with Bassett voting no and Daniel abstaining. Vice Mayor Bassett stated the ordinance will be on its second reading at the July 5 Council meeting. CONSTRUCTION CONTRACT Vice Mayor Bassett introduced consideration of a resolution awarding a construction contract to HMG Inc. in the amount of $1,231,073.60 plus a 5% project contingency of $61,554 for Sewer Line Rehabilitation, White River Watershed Minisystem 18B/C. In answer to a question from Alderman Williams, Crosson explained that the project is one that the City has been required to complete. He stated it is part of the Environmental Protection Agency Administrative Order. The project will include sewer line replacement, manhole rehabilitation and manhole construction. Water and Sewer Maintenance Manager David Jurgens stated there will be a presentation regarding the sewer rehabilitation program at the next Council meeting. Williams, seconded by Young, made a motion to accept the bid. Upon roll call, the motion passed by a vote of 7 to 0. RESOLUTION 92-95 AS RECORDED IN THE CITY CLERK'S OFFICE. CONDEMNATION Vice Mayor Bassett introduced consideration of an ordinance authorizing the City Attorney to seek court condemnation of land owned by E.M. Adamson (deceased) and C.T. Pearson Jr. being described as Lot #24 and part of Lots #22 & 23 in Block 10 of Parksdale Addition. City Attorney Jerry Rose read the ordinance for the first time. 208 2.0 June , 1995 Assistant Public Works,Director-Charles Venablestatedthe. deceased, owner'sheirs are unknown. The. Corpsof,Engineers is.going to do. some work on Town Branch and the right-of-way needs to be. acquired._ The other property owner is agreeable to the condemnation. The condemnation gill allow the City to acquire an easement while the heirs are being located. Schaper, 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 7 to 0. The City Attorney read the ordinance for the second time. Williams, seconded'by.Schaper,.made a motion to suspend the rules and place the ordinance on its third and final reading. Upon roll: call, the motion passed by a vote of 7 to 0. The City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3897 APPEARS ON PAGE OF ORDINANCE BOOR ENVIRONMENTAL STUDY. CENTER Vice Mayor Bassett introduced consideration reserving and maintaining the eastern portion of in its natural state and preserving and allowing installed structures to remain on the property purposes. P of an ordinance LakezFayetteville certaincurrently, ' for nature study,.4 City Attorney Jerry Rose read the ordinance for the first time. Alderman Young explained that presently the Study.Center is adopted by a resolution with no defining boundaries. He stated.. a survey will be done to establish boundaries. By establishing the>Study Center by an ordinance, it would have to be changed by an ordinance which means the public would be given notice. Aldermen Williams, Miller, Parker, Schaper, Daniel, and Bassett expressed support for the ordinance. Vice Mayor Bassett asked for any public comment. Tom McKinney with the Arkansas Sierra Club expressed his support for the ordinance. He stated the Environmental Study Center is very valuable. In answer to a question from McKinney, Alderman Miller motioned in the affirmative that the ordinance would be in affect for.50 years from the date of passage. • 209 24 June ii, 1995 In answer to a question from Wilbur Watson, Rose stated the ordinance does not prevent or allow the construction of additional buildings on the site. The ordinance is silent to the issue. A request would probably have to be made before the Council. Alderman Young stated the Ordinance Review Committee discussed the possibility of additional buildings being needed.. The Center may have to have an ordinance passed and would be required to go through the Planning Department process. Parker, seconded by Miller, 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 7 to 0. Young, seconded by Daniel, made a motion to suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 7 to 0. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3898 APPEARS ON PAGE OF ORDINANCE BOOK LANDSCAPE ADMINISTRATOR AND CHAPTER 162 AMENDMENT Vice Mayor Bassett introduced consideration of a resolution establishing the position of Landscape Administrator and setting forth a job description and the duties to be performed. Vice Mayor Bassett also introduced consideration of an ordinance amending Chapter 162: Tree Protection and Preservation, of the Code of Fayetteville to remove all references to Planning Management Director and inserting the title of Landscape Administrator in its stead; further, Section 162.02 definitions, of the Code of Fayetteville, shall be amended to repeal the definition of Planning Management Director. Vice Mayor Bassett explained that these agenda items were brought forward by Alderman Hill. Alderman Hill was unable to attend this meeting as he is currently recuperating from surgery. Hill asked that both these items be taken off the agenda. Vice Mayor Bassett asked Public Works Director Kevin Crosson to give the Council a report on behalf of the staff and the administration regarding the status of the Landscape Administrator position. Kevin Crosson explained to the Council that the staff had been, and would continue to be, in contact with Alderman Hill on this issue to attempt to resolve some of the discrepancies pertaining to the tree ordinance and the position under discussion. • 210 20 June 4,•1995 Crosson+explained that the position was advertised and the, application deadline was last week. Interviews will be held in the. next couple of weeks and the staff hopes to make a job offer in July. Crosson advised that after discussion with Alderman Hill, the title of the position has been changed from City Gardener to Landscape Administrator. Staff and the Personnel Director will work to design a position description with the duties of administering the Tree and Landscape Ordinance as a primary responsibility.;. In response to a question from Vice Mayor Bassett, Crosson affirmed that the Mayor and the staff are listening to the wishes ofthe citizens and the City Council regarding the direction to go on this position and that the principle duty of this position will be to administer the Tree Preservation Ordinance. Vice Mayor Bassett asked for comments from the Council. Alderman Parker explained that detailing one site in the City an example of how the Tree administrator. The video will he had prepared a 12 minute video and how it is not in compliance as Ordinance could use a full time be presented at the next meeting. Alderman Williams commended Alderman Hill for getting the Council going on consideration of an administrator to oversee the Tree Ordinance. Alderman Williams also thanked Kevin Crosson and the City staff for listening to and responding to the concerns of the Council. Williams expressed concern that the resolution as it is currently worded, if passed, would indicate that the Council is establishing the position by resolution. Since the position has already been established by the City administration, he suggested the wording of the resolution should be changed to support the establishment of the position. Alderman Miller stated that he was pleased with progress on establishment of a position to administer the Tree Ordinance and felt that it is important that the duties of the Landscape Administrator be written into the Tree Protection Ordinance itself. Alderman Young stated that he was impressed with how much could be accomplished by all parties working together. Vice Mayor Bassett expressed his appreciation of Kevin Crosson and staff for being responsive to the concerns of the Council. Alderman .Parker expressed appreciation to Alderman Hill for bringing this issue before Council. • 211 ZO June , 1995 In response to a question from Tom McKinney, Planning Director Alett Little explained that this was a separate position taken from a different division and would be assigned the duties of the Landscape Administrator. The position will be on the same staffing level as the Associate Planner. NOISE ORDINANCE DISCUSSION Vice Mayor Bassett explained that the Ordinance Review Committee took up discussion of the noise ordinance several months ago. The Committee asked City Attorney Jerry Rose to draft three proposals covering different areas of the noise issue. He explained that no vote would be taken tonight but the Council will listen to public comment. The Ordinance Review Committee discussed the pros and cons of the existing ordinance and the history of this issue which has been around for several years. The Committee also listened to some public comment. No firm agreement has been reached and no recommendation has been made to the council. Vice Mayor Bassett recognized the legitimate concerns of both sides of the issue. He expressed hope that a compromise could be reached that would be as fair as possible to both sides. City Attorney Jerry Rose that the proposals are exclusive. Each of the equally legal to adopt already in effect. presented three proposals. He explained not intertwined, nor are they mutually proposals is legal and that it would be none of them and retain the ordinance Rose explained that the first proposed ordinance essentially eliminates loud music after certain hours. The two sets of hours proposed are between 11:00 p.m. and 7:00 a.m. Sunday through Thursday and from midnight to 8:00 a.m. on Friday and Saturday. Loud noise is defined as anything audible at a distance of 150 feet or more. The ordinance is designed to eliminate loud noise after certain hours. The second proposed ordinance allows sound to be measured from its source rather than from the source of the complaint. Sound would be measured from any point on the boundary of the property from which the sound is emanating. This proposal was based on an ordinance adopted by Ft. Lauderdale. The third proposed ordinance makes it unlawful to operate any sound amplification system (loud radio or stereo) from a vehicle. Vice Mayor Bassett asked for comments from the Council. 014 212 10 June 6, 1995 Alderman Miller, responding to calls he had received •from 'the, public, stated that there appeared to be some-concern.that there. might be an attempt to ban -live music in Fayetteville. He stated that this would not happen. Alderman Young stated that it would be more practical to measure noise at the source. He expressed concerned about whether a cut- off time for music would accomplish anything. Alderman Miller stated that he supported measuring the noise level at the property line of the source. Alderman Daniel expressed her support of measuring noise level at the source as a practical alternative but was uncertain about the dBA level. In response to a question from Alderman Miller, City Attorney Rose explained that the ordinance was written to measure the noise level at any point on the boundary of the property from which the .sound or noise is emanating. Alderman Parker asked that "plainly audible" be more fully defined in any proposal adopted to avoid problems later. Vice Mayor Bassett asked for comments from the public. In response to a question from Shane Wills of North School Street, Vice Mayor Bassett explained the difficulty the police have in accurately .measuring noise from the receiving end due to other competing noises, such as crickets, traffic, etc. Alderman Young explained that when sound is measured at the source of the complaint, two or three other sounds might be at the same level and the police would not be -able to state in a court of law that the music is definitely the sound that is making the .meter rise. A resident of 401 East Sutton St. expressed concern about measuring noise level from the source and did not feel this was practical. Alderman Parker responded that a -benefit of measuring from.the source would be that when there are complaints from the public; the police would. not have to go out to each individual complainant -sand measure the sound level, but could take one reading at the source. The owner himself could also measure the level. • Alderman. Williams expressed his •agreement with ,the current ordinance allowing noise to be measured from the complaining end. He felt that though it might be more difficult to measure, ;the source of the complaint is where the harm is being done. He stated he would not favor measuring noise level from the source. Rebecca Dickson music. outdoor support 213 Zo June 4, 1995 Wood of Watson Street expressed her enjoyment of the Street area and atmosphere, including the live outdoor She feels the patrons of the operations that offer live music far outnumber those complaining. She expressed for lowering the noise level as opposed to limiting hours. Paul Brice of Gregg Street said that though he can hear all the music coming from Dickson St., sometimes three bands at a time, he is not bothered. The reputation Fayetteville has for producing excellent musicians is important and that those musicians generate revenue for the city. Denele Campbell, owner of a warehouse where bands practice, pointed out that the property is in an industrial zone and was designed specifically to house bands in an area where they can rehearse and store their equipment. Because of other jobs and responsibilities, some of the bands can only practice late at night. Restricting their ability to practice would be a problem for them. A small number of people are generating large numbers of complaints. She asked how the Council, if they restrict the sounds produced by music, would justify not also restricting noise produced by other kinds of industrial activity. In answer to a question from Alderman Schaper, Denele Campbell said that the bands who practice in her warehouse must agree to abide by the city noise ordinance. She, has asked the police department to let her know of any violation of the city ordinance and has not been notified of any violations in two years. Vice Mayor Bassett asked Campbell if she would agree that it would not be right for her to allow the property to be used in a way that keeps people up after midnight. Campbell explained that she lives in the country to avoid noise problems and expressed concern that people do not take measures to block out the noise instead of getting angry. In response to a question from Alderman Parker, Ms. Campbell said that she has had bands practicing in the building since 1988. Alderman Parker expressed that he felt there was a difference between areas that might open up in the future and areas that have been established for a long time. Allen White stated that he had owned property in Fayetteville since 1959. He stated that he has nothing against the music but asked the Council to consider the needs of people in the area who wish to rest at night and to limit the music after a certain hour. • 214 20 June , 1995 .in response to a question from Lydia Gaylor, Williams explained that the current noise ordinance is not directed specifically at music, but at this point the Council is considering- potential options which, are specifically directed at music. Alderman Young stated that this addresses amplified sounds such as radios and TVs. Scott of E. Lafayette explained that he plays in a local band and stated that most people do not come to local clubs until late at night, around 11:30 and 12:00 at night. He expressed support for measuring the noise level at the source of the complaint rather than the source of the music. Matt Lawrence, a resident of W. Lafayette Street, explained that he recently moved to the area because he and his wife felt it was a good place to raise their kids. He stated there is a problem with the noise level in his neighborhood on certain nights. The discussion is not about shutting down live. music. The problem is not limited to certain establishments or areas, but is a city problem. The real issue is what is reasonable for the city and what the Council can reasonably restrict The current ordinance is not enforceable. Lydia Gaylor said she felt it was an issue of free speech. Art Hobson, a 30 year resident of the area close to Dickson St., explained that he had a music degree and has played in several bands. He stated live music on Dickson Street should be preserved. There is a problem with amplification. From a musical standpoint, the amplification does not need to be as loud as it is being played. Ira Schwartz of West Cleveland Street inquired about the current noise ordinance. Vice Mayor Bassett said that there is no time cutoff in the current ordinance. Noise can be measured at the complaining person's. property as opposed to the source: The decibel level is 60 until 11:00 p.m. and 55 after 11:00 p.m. The current proposal is that the level would be measured at the source. Ira Schwartz stated the current ordinance is working fine and questioned why more ordinances are being considered. He urged the council to retain the current ordinance as opposed to adopting another option. Liz O'Connel, a resident of South Duncan, pointed out that some people, like herself, work nights and sleep during the days. The noise ordinance should not be restricted to certain hours. 215 20 June , 1995 Shane Wills expressed his belief that music is art. The current ordinance is lenient and he encouraged everyone to look at what they have now and make their feelings known at these meetings. John Harrison, a resident of South University and a member of a local band, stated a problem with the current noise ordinance is communication with the police. The police have been rude to the bands when complaints were received. When the bands asked officers what dBA level the bands had to be, they were not given an answer. Cooperation is the key to getting this situation to the point that all parties can live with. Phyllis Rice, Assistant to the Mayor, stated that any citizen who wishes to have a copy of the current noise ordinance can get one from the City Attorney's office, the City Clerk's office or the Mayor's office. Alderman Schaper commented that it is impossible for the officers to tell the bands how loud they can play since the noise must be measured at the source of the complaint. If the ordinance is changed to measure from the source of the music, the officer could stand at the property line and the band could adjust the volume until it meets with the guidelines. Ben Harrison, the owner of George's, expressed support for measuring the dBA level at the source so if there is a complaint regarding his club, the dBA can be read on the spot and they can adjust the level at that time. A reasonable level would be 95 dBA 25 feet off the stage. Alderman Young expressed concern with reading the level at the property line of the source since the distance between the source and the property line differs with each establishment. A set distance from the source of the music should be adopted. Alderman Schaper suggested considering some kind of limitations based on zoning. The current center of entertainment may not stay the center always. Alderman Parker stated that one advantage to not identifying a special area is that one of the aims of community development is to encourage residential development back in areas where this has been decreasing and having musical establishments in other areas allows easy access for everyone. In response to a question from Alderman Daniel, Ben Harrison stated that he did not like the idea of a cutoff time for outdoor music. He also expressed a preference that the ordinance be changed to measure noise at the source of the sound with a lower dBA. 216 20 June ', 1995 Alderman Parker asked Ben Harrison the dBA limits :outli•ned in the Ft. the second proposed noise ordinance if he felt Lauderdale was based. he could hive`. with ordinance on which Harrison stated that it would depend on where on his property line you measured, what dBA reading you would get. Alderman Daniel stated the distance from the source would have to be fairly short to insure fairness for establishments that were smaller as opposed to those with more property around them. Jack Hignet with Power House spoke of the frustration of the continuing fight over this issue. The Council will not be able to make everyone happy but something needs to be done. He expressed support for the Council's decision, whether it is to measure at the source of the noise or at the source of the complaint. A resident of North Locust said she learned to live around the activity on Dickson Street because the cultural aspects of the area are important to Fayetteville. A local resident spoke of the culture in Fayetteville and stressed the importance of preserving the culture. Musicians will not be able to live here and support themselves if time limits are placed on the bands. :Kirk Warner, a Mountain Street resident, asked for clarification of ,the;.ordinance. He asked if it would deal with music coming from :people's houses or only fromcommercial establishments. He stated that when the trees and buildings downtown were torn down, the sound got louder. In response to a question from Warner regarding the date the noise ordinance was conceived, City Attorney Rose stated that it had been on the books for quite some time. Vice Mayor Bassett asked for ideas or suggestions from the Council. Alderman Daniel stated that with any large growth in population, the City becomes more restricted and it becomes more necessary to respect one another's space. She called for -a compromise on the issue. Alderman Miller suggested that this all comes down to curtesy to others. He expressed support for the music on Dickson Street but added some bands should realize that Volume does not mean quality. Alderman Parker spoke of the need to keep the downtown area inviting for everybody to live in. He encouraged someone to find out how the restrictions adopted by Ft. Lauderdale have affected the city's music industry. 217 20 June , 1995 Alderman Williams stated the situation has been improved to some extent but acknowledged that the problem had not been solved. He supported some kind of assurance that at some time at night the citizens living in the area would not hear music loud enough to keep them awake. Vice Mayor Bassett agreed with Alderman Williams. He did not have a problem with cutting out outdoor music after midnight. Alderman Schaper stated that one of our constitutional rights is the right to be secure in our houses and intrusions on this freedom are hard to take. The problem is not easy to deal with. Vice Mayor Bassett expressed concern that the noise issue has been ongoing for at least four years and the Council has been asked to solve a problem that good neighbors should be able to solve on their own. The Council came to the conclusion that the issue had been discussed thoroughly and the next step would be for an alderman to bring forward a specific proposal for consideration. OTHER BUSINESS COLLEGE PARK APARTMENTS In answer to a question from Alderman Schaper regarding the complaint about College Park Apartments, Phyllis Rice, Assistant to the Mayor, reported three problems which had been reported to her regarding the College Park Apartments: Suspected drug activity, violations of the noise ordinance and litter problems. Rice explained that she suggested to the young man who reported these to her that he report the suspected drug activity to the police department detective division, the noise ordinance violations to Casey Jones, and the litter problem to the manager of the College Park Apartments. She stated he chose to file a petition. Rice stated a copy of the petition was forwarded to Chief Richard Watson of the Fayetteville Police Department on the day it was filed. Chief Watson sent police officers out the next day to interview as many people as possible who had signed the petition, as well as the assistant manager of the apartment complex. The manager was out of town. Of those who had signed the petition and were interviewed by the police, most (including the man who submitted the petition) seemed satisfied with the procedures that were in place. 218 20 June, 1995 CROSS AVENUE In answer to a question from Alderman Schaper regarding plans for Cross Avenue, Public Works Director Kevin Crosson stated the staff is evaluating information received from neighbors in ,the area and will make a decision when that is completed. Alderman Schaper asked if it would be possible to bring back- a recommendation to the Council before action is taken. Crosson stated he would not be at liberty to agree to the request but he would do so if the Council, by consensus, so requested. The staff sees this as a management decision. Alderman Williams explained that he had taken a look at the area and felt the street should not be widened much. He•stated he didn't ask for, nor does he expect a report Mr. Crosson. He explained that he had contacted the mayor by letter and expressed confidence that the administration would take his comments into consideration, as well as concerns of the neighbors. Alderman Parker expressed his concerns that so many citizens had expressed their opposition to the project. He emphasized that he was not trying to interfere with the Mayor's job but felt it was important that the citizens' concerns be considered. He suggested the possibility of signs being placed at the ends of streets where some significant work was planned. He stated the signs would provide notice to area residents. He expressed his support for a policy on the issue. In response, to a comment by Alderman Schaper, Crosson explained that staff accepted input from concerned citizens and has plans to act on the input. Wilbur Watson expressed concern that certain- Council members are trying to micro -manage the City of Fayetteville. He stated Cross Avenue needs widened and paved. ADJOURNMENT ,The meeting was adjourned at 9:55 PM.