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HomeMy WebLinkAbout1997-01-07 Minutes1 A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, January 7, 1997, at 6:30 p.m., in the Council Room of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. PRESENT: Mayor Fred Hanna; Aldermen Donna Pettus, Kit Williams, Len Schaper, Heather Daniel, Cyrus Young, and Randy Zurcher; City Attorney Jerry Rose; City Clerk/Treasurer Traci Paul; staff; press; and audience. ABSENT: Aldermen Trent Trumbo and Stephen Miller CALL TO ORDER Mayor Hanna called the meeting to order with six aldermen present. OATH OF OFFICE Judge Rudy Moore administered the Oath of Office as directed by the Constitution of the State of Arkansas to the newly elected and re- elected aldermen. OLD BUSINESS PRELIMINARY PLAT APPEAL Mayor Hanna introduced an appeal of the Planning Commission's decision to approve the preliminary plat for Marvin Gardens Subdivision. Mayor Hanna stated that at the last agenda session the neighbors had asked to have time to look at the drainage study reports. The consensus was to allow them this time. Dave Jorgensen, representing the petitioners in this matter, agreed it was a good idea to allow the property owners more time to examine the report and discuss it at the next meeting. Alderman Schaper stated he was confused over the area. He understood the total property is 40 acres. In the planning division's correspondence, it refers to a Phase I of 10.02 acres, but on the plat it is 18.494 acres. He asked what the area is. Mr. Jorgensen replied that the petitioners own 40 acres. The Phase 1 preliminary plat that was approved is 17 acres. He did not know where the 10 acres came from. The preliminary plat for Marvin Gardens Phase I is the 18 -plus acres. It definitely is not 10. Alderman Schaper asked what grades the streets will be. January 7 1997. Mr. Jorgensen stated we are talking in the 15 to 17%.range. Lt is equal to the grade on the southern -most street in Boardwalk. Alderman Schaper asked what the maximum model grade 1oih'local streets is. - Alett Little, Planning Director, stated she believed 12% was the point at which asphalt is no longer adequate and the street must be constructed out of concrete. Kevin Crosson, Public Works Director, thought it was 10%. Little stated there is also a requirement that slopes of 15% may, not be exceeded for distances of 300 feet. Alderman Schaper asked if the drainage numbers in the developer's report represented only Phase I or all three phases. Mr. Jorgensen stated .they represented all three independent study was also on the overall area. Crosson stated the Milholland..report may have indicated thestudy was only on Phase I; but the City staff verified that Jorgensen's initial study did cover all three phases. Alderman Young asked if, when the final design was done, they would' consider the entire 40 acres for ,all three phases. phases. The. Mr. Jorgensen replied they would have ordinance where it is mandated theytake that drain onto this property and count to abide by the drainage into account all the -,areas that as developed areas: • • Alderman Schaper asked how they know the pond will be a certain' area if they haven't done the detailed drainage study yet; if it hasn't been totally sized yet. Mr. Jorgensen responded that. is one 'reason they had a delay. They'd been _asked to go back and size the detention' ponds for future development, not normally the situation.. The total drainage study has been done. Alderman Schaper asked what is meant when. we say.. the post - development runoff cannot exceed the=pre-development runoff.' Do we mean the total at every point along the boundary? Mr. Jorgensen responded by referring to the point where discharge comes off this property and 'goes onto Mrs. Bassett's. At .that location now, the peak ,flow would be one quantity ofwater going down that ditch. If you were.able".to measure the peak .flow after development, you'd have another quantity. We are trying to make tr r 3 January 7, 1997 those two equal. Alderman Pettus stated she owns property adjacent to this proposed development and needed to recuse from discussion. Maryann Bassett, Manor Drive, spoke on behalf of the neighbors. She stated time was needed for them to review the study, to come up with figures of their own, and to compile their opinions. They would like a month but could live with two weeks. Mayor Hanna stated the agenda session would be the proper time to discuss whether to keep it on the table. The petitioners have been asked to wait a long time. The neighbors could also report at the agenda session where they stand in being prepared to address this. This item was left tabled. REZONING RZ96-18 Mayor Hanna introduced an ordinance rezoning 6.17 acres located at the northeast corner of Cato Springs Rd. and Treat St. from R-2, Medium Density Residential, to C-2, Thoroughfare Commercial, as requested by Ronald Woodruff on behalf of Joyce Ogden. City Attorney Rose read the ordinance for the second time. Ronald Woodruff was present for the petitioner. Alderman Schaper asked for the history of this, when it was rezoned from A-1 to R-2, why, at whose request, and why it wasn't developed at R-2. Mr. Woodruff did not know this history. Alett Little, Planning Director, did not have the zoning history. Alderman Williams stated parts of Fayetteville were zoned R-2 in large chunks. The Ogdens did not necessarily have to have asked for it to be R-2. Alderman Pettus asked if this rezoning would be within the purview of the 2020 Plan. Little replied this is the primary reason for the staff's recommendation. It is in conformance with the 2020 Plan. Alderman Zurcher brought up the drainage. Kathleen Randall, Executive Director of Children's House just below this, is concerned about the drainage the way it is now. He wondered what effect this rezoning would have on that drainage. 3 January 7, 1997 Mayor Hanna stated the drainage will be addressed at the .large scale development done on any parcel over an acre. Mr.4 Woodruff agreed this is a concern that would be taken into consideration. Alderman Williams moved to go to the third and final reading. Alderman Pettus seconded. Upon roll call, the motion failed on a 'vote of`3 to 3, with Aldermen Schaper, Daniel, and Zurcher voting no. CONSENT AGENDA Mayor Hanna 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 December 17, 1996, regular City Council meeting; B A resolution approving an engineering contract with Northwest Engineers, a Division of Crafton, Tull & Associates, Inc., in the amount of $41,287 plus a contingency amount of $4,100 for Township and N. College Intersection Improvements Project; RESOLUTION 1-97 AS RECORDED IN THE CITY CLERK'S OFFICE C. A resolution approving a budget adjustment and a contract with Chris King Electric in the amount of $31,222 for the Airfield Lighting Control Project; RESOLUTION 2-97 AS RECORDED IN THE CITY CLERK'S OFFICE D. A resolution approving a budget adjustment and Task Order No. 2 of a contract with McClelland Consulting Engineers, Inc., for design work on an aboveground fuel storage facility. Total compensation for engineering services will be $29,597. Alderman Schaper stated he would like to remove item D. [See below.] Alderman Williams moved to accept the rest of the consent agenda. Alderman Schaper seconded. Upon roll call, the motion passed on a vote of 5 to 0 to 1, with Alderman Young abstaining. 4 5 January 7, 1997 NEW BUSINESS ABOVEGROUND FUEL STORAGE FACILITY Mayor Hanna introduced a resolution approving a budget adjustment and Task Order No. 2 of a contract with McClelland Consulting Engineers, Inc., for design work on an aboveground fuel storage facility. Total compensation for engineering services will be $29,597. Alderman Schaper stated this is a replacement of our underground fuel storage because the EPA is concerned about leakage. He asked if we are talking about a one-for-one replacement. Mark Mellinger, Airport, replied it would be at least one for one, slightly more than what we have now. Alderman Schaper asked why we need to replace the capacity we now have if we are not going to have all the commercial flights at Drake field because of the new regional airport. Mellinger replied it is not known yet whether we will lose that commercial service or not. The aboveground tank system proposed will be very modern. The capacity can be discussed. To comply with Federal EPA regulations, this must be done by 1998. Johnny Quinn, McClelland Consulting Engineers, stated the project is phased so they do a four-week preliminary study. They would coordinate with the master planning consultant. After that, there would be a month of reviews and bidding. This could be built in 90 to 120 days, depending on weather. He just figured what is being proposed now is about a 20% reduction in the size of the storage tanks. This would be confirmed during the preliminary study phase of the project. He agreed they could go from engineering study to construction/installation well within a year. Alderman Williams pointed out this is airport revenue, which we get specifically because we have commercial service. We are generating a lot of airport revenue this year and might not in the future. It makes sense to take care of any problems now and not wait. Mayor Hanna could see no advantage in waiting until the last minute. We have to put the tanks above ground. The EPA will make us do that. Whether there are 20,000 gallons or 40,000 gallons may not make much difference in price but might make a difference in what kind of industry we attract and retain. 5 January 7, 1997 Alderman Williams moved the resolution. Alderman Daniel seconded. Upon roll call, the resolution passed on a vote of 5 to 0, with Alderman Schaper voting no. RESOLUTION 3-97 AS RECORDED IN THE CITY CLERK'S OFFICE. AMENDMENT TO THE FLOOD DAMAGE PREVENTION CODE Mayor Hanna introduced an ordinance amending Chapter 153: Flood Damage Prevention Code, Section 153.01 of the Code of Fayetteville, to update the flood insurance study and accompanying maps as requested by FEMA. City Attorney Rose read the ordinance for the first time. Alett Little, Planning Director, stated this is basically a housekeeping matter. The only thing not done exactly as requested by FEMA was putting in the date of Feb. 5, 1997. There were concerns about putting in a date forward of the date adopted. With the legal department, they came up with the language, "as which from time to time may be hereafter amended." Carl Watts of FEMA has given verbal approval of this. Alderman Schaper moved to suspend the rules and,go to the second reading. Alderman Williams seconded. Upon roll call, the motion passed on a.vote of 6 to 0. j.' City Attorney Rose read the ordinance for the second time. Alderman Williams moved to suspend the rules and go to the third ,and final reading. Alderman Schaper seconded. Upon roll call, the [motion passed on a vote of 6 to 0. City Attorney Rose read the ordinance for the third time. There being no further comments, Mayor Hanna called for the vote. Upon roll call, the ordinance passed on a vote of 6 to 0 ORDINANCE 4011 APPEARS ON PAGE OF ORDINANCE BOOK ENGINEERING CONTRACT Mayor Hanna introduced a resolution approving the contract for reconstruction of 24th Street with APAC Arkansas, Inc., McClinton - Anchor Div., in the amount of $647,856.00 plus a contingency of 15% ($97,178.40) totaling $745,034.40 and approval of a budget adjustment. 7 January 7, 1997 Kevin Crosson, Public Works Director, stated a location map had been distributed to the Council. The low bidder was well in line with what was budgeted. Alderman Daniel had a concern about the pedestrian sidewalk. She was told there was one located on the south side, on the right as you go up the hill. There will be room for one on the other side; but it won't be put in at this time, to save trees, etc. Alderman Williams moved to adopt the resolution. Alderman Pettus seconded. Upon roll call, the resolution passed on a vote of 6 to 0. RESOLUTION 4-97 AS RECORDED IN THE CITY CLERK'S OFFICE, SEXUALLY ORIENTED BUSINESSES Mayor Hanna introduced an ordinance defining and classifying sexually oriented business, making sexually oriented businesses conditional uses, providing restrictions on location of sexually oriented businesses, and providing penalties for violations. Mayor Hanna stated the ordinance included in the agenda packet was based on an ordinance in Hot Springs. Some aldermen have suggested changes, and it has been suggested that other items be included like alcohol regulation and signage. It has been suggested that this be sent to the Ordinance Review Committee to review the suggestions and possibly have a public hearing. A meeting was set for January 16. Ken Stuckey, audience member, asked if this type of business can be brought to a public vote. City Attorney Rose gave his interpretation of the law. Banning all sexually oriented businesses is not Constitutionally permissible. Obscenity, defamation, advocacy of unlawful conduct are not protected by the First Amendment. They are based on community standards. Simply because something deals with sexuality, it is not necessarily obscene. If it is not obscene, it cannot be banned; but you may still regulate it because of the harmful secondary effects on the community. Alderman Williams stated this is not a green light ordinance. It is an ordinance to slow down and restrict and make less the harms from these businesses. 7 January 7, 1997 Alderman Schaper stated there is an avenue of regulation not addressed in the ordinance, the coupling of sex and alcohol. We have some very strong powers in the regulation of alcohol and establishments that sell alcohol given to us by the State of Arkansas. It was decided to send this to the Ordinance Review Committee. ADJOURNMENT The meeting adjourned at 7:38 p.m.