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HomeMy WebLinkAbout1996-11-05 Minutes421 MINUTES OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, November 5, 1996, at 6:30 p.m., in the Council Room of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. PRESENT: Mayor Fred Hanna; Aldermen Jimmy Hill, Len Schaper, Heather Daniel, Stephen Miller, Kit Williams, Cyrus Young; City Attorney Jerry Rose; City Clerk/Treasurer Traci Paul; staff; press; and audience. ABSENT: Alderman Woody Bassett CALL TO ORDER Mayor Hanna called the meeting to order with six aldermen present. NOMINATING COMMITTEE REPORT Alderman Daniel reported there were two nominees for the Environmental Concerns Committee. Alderman Daniel moved to nominate Jennifer May, representing industry, and Bobby Rickard, at large. Alderman Williams seconded. Upon roll call, the motion passed on a vote of 6 to 0. OLD BUSINESS VETO OF ORDINANCE 4004 - DESIGN STANDARDS Mayor Hanna introduced his veto of a portion of an ordinance amending Chapter 160: Zoning of the Code of Fayetteville, to provide site development standards and construction and appearance design standards for commercial structures. He stated it would be appropriate to send this to the Ordinance Review Committee to draw up an ordinance addressing this item individually. Alderman Williams asked City Attorney Rose if the rest of the ordinance will go forward and become law as if the veto had not happened. Rose replied the veto does not affect the rest of the ordinance. It is a line item veto as set forth in the Mayor's letter. Alderman Williams stated it makes sense to have an ordinance covering display and storage of goods which is uniform for all commercial establishments. Alderman Young asked City Attorney Rose if, technically, the Council does nothing, would they have to come up with a new ordinance because that portion has been vetoed. Rose replied this is correct. 1 November 5,.1996 Alderman Young went on to say that; if we want to send this portion back.to committee, we would have. to override that veto to send it. He asked if there was a time limit. Rose stated it was to go back before that and it would Council they must override the Mayor stands. at the Council's convenience. If they wished it the Ordinance Review Committee, they could do become a separate' ordinance. . He informed the do something affirmative by way of a motion to 's veto. If the Council does nothing, the veto CONSENT AGENDA Mayor Hanna introduced the minutes Council meeting for approval. of the October 15 regular City Alderman Schaper moved the consent agenda. Alderman seconded. The motion passed on a vote of 6 to 0. NEW BUSINESS PURCHASE OF POLICE VEHICLES Daniel Mayor Hanna introduced consideration of a resolution awarding Bid 96-62 to the lowest qualified bidder, Gus Shaffer Ford; for the purchase of 10 police interceptor vehicles for a total of $210,286.85. Alderman Miller stated this had been discussed at agenda session. It had been passed on to the Council by the Equipment .Committee. We need them and the price is good. Alderman Miller moved the resolution. Alderman Williams seconded. Upon roll call, the resolution passed on a vote of RESOLUTION 115-96 AS RECORDED IN THE. CITY CLERK'S OFFICE"--, BID WAIVER - HABITAT FOR HUMANITY Mayor Hanna introduced an ordinance approving a bid waiver.and giving authorization to participate in a cost -share riot to exceed $65,597 with Habitat for Humanity for approximately. 1,700.1f of ' water line replacement, approximately 265'1f of water and sewer Main extension, and appurtenances. City Attorney Rose explained this had been listed on the.agenda as `ah ordinance but a bid waiver was not necessary:because Habitat for Humanity has already agreed to follow all normal City and Federal regulations governing the grant and City funds, engineering selections, and construction bids. Since they have already'agreed 2 1 1 1 423 November 5,_1996 to do this, there is no need for an ordinance. All the Council needs to do is move a resolution, which would authorize the City's participating with Habitat for Humanity in a cost -share not to exceed $65,597 for the City's share of cost for water line replacement, water and sewer extensions, and appurtenances. There were no comments from the audience. Alderman Miller moved the resolution. Alderman Williams seconded. Upon roll call, the motion passed on a vote of 6 to 0. RESOLUTION 116-96 AS RECORDED IN THE CITY CLERK'S OFFICE FIRE MARSHAL Mayor Hanna introduced an ordinance declaring the position of Fire Marshall in the City and prescribing certain duties, responsibilities and authorities of same including the authority to carry a weapon. Fire Chief Mickey Jackson stated he'd been asked how serious he was about this. He responded he would not bring something to this level of consideration that he didn't feel was badly needed. It is a serious issue. We have frequent arson problems in Fayetteville. It is a serious crime. Our Fire Marshal spends the ma3ority of his time doing fire investigations. He needs to be able to do it in the most effective way. The concept of Fire Marshals and fire investigators carrying weapons is not new. He mentioned several other cities where Fire Marshals carry weapons. Part of the program is to have the Fire Marshal certified in using pepper spray and other spraying agents. This is the first step into a new realm as the city grows. City Attorney Rose read the ordinance for the first time. Alderman Daniel stated she saw some of the additional duties as necessary and the training as good, but was of the opinion that the police department could work with the firemen by having a law officer accompany the Fire Marshal. Two men are safer than one. Jackson agreed that is an ideal situation and one strived for. But the police are often busy working on crimes assigned to them, which can have a higher priority. Alderman Schaper asked for a description of the training required. Mayor Hanna read the State statute pertaining to this, 14-53-112. 3 424 November 5,.1996 -Chief Jackson listed additional training that would be':required. It would be the same standards -as police• officers have, 24 hours -Abasic-fire arms training course,'8 hours .on -spray certification, 24 'hours'onpressure point control tactics and handgun retention, 24 hours on' racial sensitivity, and 4 hours on•communication`skills. He would also be required to .qualify three times a year with the local police department at their shooting range. Alderman Williams stated he would be more comfortable•..with'having only the Fire Marshal armed and not the Assistant Fire Marshals. In the future, if there wasa need to have more than "one Fire Marshal' armed, he would want to see it come back to the Council to change the ordinance at that time. Jackson stated the plan for the time being is to arm only the Fire Marshal. Alderman Young asked if Section 2 does not apply to Assistant Fire Marshals. City Attorney Rose statedit would apply to both, as Section 1 declares both the Fire Marshal and Assistant Fire Marshal to be Fire Marshals created by this ordinance. There was discussion as to the types of arson the city has experienced. There was discussion as to the make up of the department and how the assignments are made. Fire Marshal Dennis Ledbetter stated he would not be armed at all times. Alderman Miller commented the Fire Marshal's position is where the police and fire departments meet. Alderman Young stated training and instruction is very important, but he had concerns about the actual use of the weapon: He wanted to be sure there were rules and regulations the same or similar to the police department's for the use of the weapon. This would protect the public and the Fire Marshal. This ordinance was left on the first reading. SIDEWALK SPECIFICATIONS Mayor Hanna introduced an ordinance repealing Section 98.67 of Chapter 98: Streets and Sidewalks of the Code of Fayetteville, to add a new Section 98.67 setting standards for sidewalks, driveway approaches, and access ramps. 4 425 November 5,.1996 City Attorney Rose read the ordinance for the first time. Alderman Schaper asked about number 11 under Sidewalks, which talks about sidewalks constructed adjacent to the curb, since the revised street standards do not allow sidewalks adjacent to the curb. Chuck Rutherford, Sidewalk & Trails Coordinator, responded that this is for sidewalks already in place next to the curb and if removal and replacement needs to be done, it can be done the appropriate way. Fran Alexander, audience member, asked if the sidewalk material would always have to be concrete. She had concerns about tree roots. Mayor Hanna pointed out a section that said the use of other materials must have the approval of the Sidewalk & Trails Coordinator. Rutherford stated the Landscape Administrator consults with him when there is a situation where trees are involved to try to keep the sidewalks away from the tree and to use appropriate materials. Alderman Williams moved to suspend the rules and go the second reading. Alderman Daniel seconded. Upon roll call, the motion passed on a vote of 6 to 0. City Attorney Rose read the ordinance for the second time. Alderman Williams moved to go the third and final reading. Alderman Daniel seconded. Upon roll call, the motion failed on vote of 5 to 1, with Miller voting no. it remained on the second reading. COMMUNITY DEVELOPMENT/HOME FUNDS Mayor Hanna introduced a resolution approving one contract of agreement with the Arkansas Development Finance Authority for the award of HOME funds in the amount of $240,000 for homeowner rehabilitation and a budget adjustment. The other contract mentioned in the agenda has been routed differently. Alderman Williams moved the resolution. Alderman Miller seconded. Upon roll call, the resolution passed on a vote of 6 to 0. RESOLUTION 117-96 AS RECORDED IN THE CITY CLERK'S OFFICE 5 426 November 5,.1996 CAPITAL IMPROVEMENT PROGRAM Mayor Hanna introduced a resolution approving the 1997-2001 Capital Improvement Program. He noted there had been a presentation at -the, agenda session. There were no comments from the audience. Ben Mayes, Administrative Services Director, stated this has gone through several public hearings. The only item that came‘up at the agenda session was a request from the library to add back in $3,210 to their 1997 request for book purchases. We will do that between how and the budget process. The 1997 portion will come back to the Council as part of the 1997 budget. They will get to see it again and will see the individual contracts in excess of $20,000. Contracts less than $20,000 must go to the Mayor. - Mayor Hanna noted the major items will be voted on by the Council as they are done individually. This is mainly a guideline, not something that can't be changed. Alderman Williams thought more money might be invested in sidewalk improvement. This would depend on input from the staff and Trails Committee. Alderman Daniel commented on the Salem Road Extension. She would like it to be changed to Salem Area Project. Alderman Schaper concurred. The highest priority would be to have 'that'cost sharing program with the State on Wedihgton Road west of the bypass. That is what would handle the traffic the best way. He suggested calling it the Fayetteville West Traffic Improvement Fund. Alderman Williams suggested calling it Salem Road Area Improvement, which would still talk about Salem Road, as we have $50,00.0 inthat fund from a developer. He stated he would like to leave it on the agenda for at least one meeting. EXTENSION OF WATER & SEWER SERVICES Mayor Hanna introduced a resolution approving the extension of water and sewer service to a tract of land in the Fayetteville South Industrial Park as requested by the Chamber of Commerce on behalf of Panels by Mikey, Inca It had been pointed out to him that the lot split has not occurred yet, so this may need to be tabled. Alderman Williams agreed this made sense. He pointed out for the record that if the City is going to participate in this, he would 6 11 1 1 427 November 5,.1996 be more comfortable participating like we did with the U.S. postal system, where we paid a portion. Alderman Daniel moved to table the resolution. Alderman Hill seconded. Upon roll call, the motion passed on a vote of 6 to 0. SUPPORT OF CARNALL HALL PRESERVATION Mayor Hanna introduced a resolution supporting the preservation of Carnall Hall. City Attorney Rose read the resolution. Jonathan Story stated this sends a positive message. The petition that has been circulating also supports ongoing support from the University for the historic structures on campus. He requested that a copy of this resolution be sent to the Chancellor's office after it was approved. Alderman Miller moved the resolution. Alderman Hill seconded. Upon roll call, the resolution passed on a vote of 6 to 0. RESOLUTION 118-96 AS RECORDED IN THE CITY CLERK'S OFFICE TREE ORDINANCE AMENDMENT Mayor Hanna introduced an ordinance amending Chapter 162: Tree Protection and Preservation, to prohibit land disturbance operations before the approval of a tree preservation plan for certain properties. City Attorney Rose read the ordinance for the first time. Alderman Williams questioned subsection (B) Compensatory Canopy. Rose read this section again: "In the event that land disturbance operations have occurred on lands described in Section (A) above, within five years of application for a development permit, the required tree canopy percentages listed in §162.11 (A) (1) shall be increased by 10% of total canopy." Rose stated "of total canopy" was added on at the request of the author. Alderman Williams wanted to make sure this means if they had to have 20%, they would now have to have 30%. Rose replied that is correct. Mayor Hanna stated this does mean land disturbance operations that have taken down more trees than allowed in the present ordinance. It might be interpreted to put a penalty on it, and it is not 7 77. • 7 428 November 5,41996 intended for that. Rose agreed. It could be rephrased to be sure it is not only on lands described in Section (A) but in -the manor described in Section (A). Alderman Schaper agreed and stated in that section we are really describing a land disturbance we don't want to have happen, cutting more than.the minimum allotted canopy. Rose stated he would work on this. The Tree and Landscape Committee might have suggestions, too. Alderman Hill stated the existing ordinance says if anyone develops that land within five years of cutting the trees, they have to go back and meet the existing canopy. One interpretation is that all we are doing is penalizing someone 10% but not stopping them from cutting trees on certain property. Alderman Schaper responded that this is a compensation to the•City. Alderman Young asked if this is really a penalty or just a duplication of ordinances already on the books. Alderman Schaper replied there is nothing on the books now that requires additional land to be devoted to trees. By requiring the additional canopy, we limit the development intensity on that parcel. This was left on its first reading. CITY COUNCIL'S INTENT TO APPOINT ALDERMAN Mayor Hanna introduced a motion expressing the intent of the City Council to appoint the person elected as alderman in Position 1 in Ward 3 to the City Council on November 19, 1996. Alderman Williams moved to do this: Alderman Hill seconded. Upon roll call, the motion passed on a`vote of 6 to 0: ANNOUNCEMENTS Kevin Crosson, Public Works Director, announced the the transfer station and recycling facility. ADJOURNMENT The meeting adjourned at 7:44 p.m. dedication of