Loading...
HomeMy WebLinkAbout1997-09-02 Minutes285 A MEETING OF THE FAYETTEVILLE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, September 2, 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 Stephen Miller, Kit Williams, Len Schaper, Heather Daniel, Cyrus Young, Randy Zurcher, Trent Trumbo, and Donna Pettus; City Attorney Jerry Rose; City Clerk/Treasurer Traci Paul; staff; press; and audience. ABSENT: None Mayor Hanna called the meeting to order with eight aldermen present. STAFF RECOGNITION FOR EPA WASTE WATER AWARD Mayor Hanna announced the official acceptance of the EPA's 1997 Region Administrators Environmental Excellence Award for operation and maintenance in the advanced treatment plant category. This award was given by the Environmental Protection Agency's Region VI office for the City's wastewater collection and treatment operations. Billy Ammons, OMI Project Manager; David Jurgens, City Water & Sewer Superintendent; and Don Bunn, City Engineer, accepted the award. MILLAGE SUPPORTMIDDLESCHOOLS Mayor Hanna introduced a resolution endorsing the 1997 millage continuation campaign and encouraging Fayetteville residents to vote for the continuation of the millage on Tuesday, September 16, 1997. Mayor Hanna stated this millage was originally passed in 1989, implemented in 1990, and used to enlarge the two junior high schools, the expansion of the senior high school, and other projects in the school district. Now the school district wants to use this money to build two new middle schools and make renovations to eight of the existing elementary schools. Alderman Williams explained that all this millage will remain in Fayetteville and will be used for local schools. None will go to the State. Alderman Williams moved the resolution. Alderman Daniel seconded. Upon roll call, the resolution passed on a vote of 8 to O. RESOLUTION 79-97 AS RECORDED IN THE CITY CLERK'S OFFICE. 1 286 CONSENT AGENDA September 2, 1997 • Mayor Hanna introduced consideration of items which may be approved by motions or contracts and leases which can be approved by resolution and which may be. grouped togetherandapproved- simultaneously under a consent agenda: Minutes of the August 19 Council meeting. A resolution approving the sale of 0.31 acre of City owned Lake Sequoyah property to Billy Joe and Betty F. Collins in the amount of $620.00; RESOLUTION 80-97 AS RECORDED IN THE CITY CLERK'S OFFICE. C. A resolution approving compensation to.J.M.U., Inc.; dba Day's Inn; Jay Sur.ati, President, in the amount of $25,510 for :the fee simple acquisition of street right-of-way, the acquisition of permanent and temporary construction easements, and for -damages to improvements and landscaping relating to improvements at the intersection of College Avenue and Township'.Road; RESOLUTION 81-97 AS RECORDED IN THE CITY CLERK'S OFFICE. A resolution approving an Offer and Acceptance Contract in the amount of $71,850 for the sale of a.residence located at 516 South College in. conjunction with the Community Development Home Buyer Program;. RESOLUTION 82-97 AS RECORDED_ IN.THE CITY CLERK'S OFFICE. Alderman Schaper moved thetconsexit.agenda. Alderman Miller seconded. Upon roll call, the-. motion passed on a vote of 8 to 0. . , • OLD BUSINESS ANNEXATION -RZA97-10--SKILLERN Mayor Hanna introduced consideration of an ordinance annexing „.17.62 -acres located east of Skillern Road and west'of.Rom Orchard Road as requested by Jim Neil .and .Milt McKenzie on behalf of Beverly Jeanne Skillern. -This ordinance was left on the,second reading at ,the August 5 Council meeting. - Alderman Miller moved the ordinance to the third reading Alderman Daniel seconded; Upon roll call, the motion passed on a vote of 8 to 0. 287 September 2, 1997 City Attorney Rose read the ordinance for the third time. Alderman Daniel stated the Planning Commission will have leeway in dealing with this as there is a process to be undertaken. Also, the adjoining landowners have options. It will be a number of weeks before this large scale development comes for review by the Planning Commission. Alderman Pettus asked if this property was not annexed, could the City have any control over commercial use there. Alett Little, Planning Director, replied the City would not have control over commercial use in the county. Although the County does review large scale developments for commercial development, the City does not review large scale developments. The City only reviews subdivisions. Even though this is in our growth area, the City would have no say. Alderman Schaper's concern was preserving the integrity of the neighborhood already there, homes on acreage, and this area developing in harmony with the existing development. He stated the only issue raised in favor of this annexation is that the owner wants to realize a certain profit from the sale of this land, which is not a valid public purpose for annexation or rezoning. He would support annexing this land only if it were rezoned R -E, estate zoning, the zone most in keeping with the surrounding development. He asked about a first reading of rezoning this property, if it is annexed. City Attorney Rose responded the Council may do this on its own initiative, but he was not sure it could be done at this meeting. Alderman Trumbo stated the petitioners started off at R-1 but he understood they are now looking at half -acre to acre lots. Rose read from the Code of Fayetteville, Section 160.157, Amendment Procedures for Members of City Council: "When members of the City Council desire to initiate amendments to the ordinance, proposals shall be referred by resolution to the Planning Commission for study and recommendations; or the proposed amendment may be adopted by a majority vote of the City Council without prior referral to the Planning Commission. If the proposed amendment is referred to the Planning Commission, a public hearing as provided for in 160.156(C) shall be held and the Planning Commission and the City Board of Directors shall act in accordance with the procedures set out in 160.156(D) and (E)." Rose stated it appears it could be done either way, but he has not prepared such an amendment. .238 September, 2, 1997 Little confirmed this rezoning request of R -I is on the Planning Commission's next agenda. Regarding the two -acre -minimum, she explained if this property is annexed, it will come in as A-1. Under the A-1 ordinance, it may be developed as residential property which requires_a,two-acre. minimum. Alderman Williams had concerns about the lay of the land. It 'juts_out_like an arm into the,.c_ounty. He.did not see .a strong - ,public,:purpose it`this time to annex such a lot into the city. F Alderman Pettus stated the Council has to look at the best - interest,oftheipeople,ofkFayetteville. It has been brought to her.attention that•there would',be problems with the police and fire protection, waste collectors, and utility .readers; It would • • be .inefficient and probably more expensive and less beneficial to tthe-people,than_"it.would-be'if the City annexed it. a � Alderman Zurcher felt the Council was sending a mixed message, considering the proposed annexation to the west is to square off the borders of the City and this does the opposite. There being no objection, Mayor Hanna called for the vote. Upon roll call, the ordinance -passed on a vote of 5 to 4, with Mayor Hanna voting yes and Aldermen Williams, Schaper, Young and Zurcher voting no. ORDINANCE 4051 IS FOUND ON PAGE ' - • OF ORDINANCE BOOK EMINENT DOMAIN --HIGHWAY 45 & LAKE SEQUOYAH Mayor Hanna introduced an ordinance authorizing the City Attorney to seek possession of certain properties for utility purposes by the power of eminent domain in association with the'White.River Water System connections with the City of Fayetteville along Highway 45 and Lake Sequoyah Road. This ordinance was postponed at the August 12 Council agenda session. . City Attorney Rose read the ordinance for the first time.. Alderman Zurcher stated Mr. Coger'is interested in finding an': agreement that will not have to go through the courts.- This would be, instead of cutting through Mr. Coger's,land and taking the landmark trees, going to the, original street easement and entering into anagreementthat if and when this road gets - .widened and the line needs. to be moved, Mr.-Coger would share in the,cost of moving that.. Alderman Zurcher referred to a memo - that stated there is no'plan to widen this road in the foreseeable future. He asked done. 2rr September 2, 1997 Rose supposed it could be. Alderman Schaper pointed out the State highway department's planning period is five years. The service life of this waterline is 50 to 100 years. Kevin Crosson, Public Works Director, stated 46 property owners have signed easement dedications. We are talking about more than Mr. Coger's property. David Jurgens, Water & Sewer Services Superintendent, stated the cost of relocating a line is usually twice the amount of initial installation, as the relocation is frequently more disruptive. Additionally, the line would have to be shut down for some time. Alderman Zurcher stated his concern that the for what could happen, was losing what makes in part the natural environment. Council, in planning Fayetteville great, Jurgens suggested tieing any agreement to the ownership of the land. Butch Coger, property owner, stated he'd bought this property because it is out of the city. His business in the city has generated hundreds of thousands of dollars of tax revenue for the City. He had property on Dickson Street condemned and taken for the Walton Arts Center. He was instrumental in getting people to sell the property needed for the Arts Center. This illustrates his ability to be objective and sacrifice for the good of all. Mr. Coger stated this property on Slaughter Mountain is a beautiful area and a premium entry to Fayetteville. This is the last of the large trees this waterline has to sacrifice, so this is a special case. The trees on the mountain anchor the soil. This is not merely a wooded lot; it is seven acres with a road and house site cleared. There is a drain in front of the house site to cut off all groundwater to the building site, which cost about $2,000. The trees are so important that he has installed the septic system before the house is built in order to avoid taking out trees to maneuver equipment for the septic system. Mr. Coger stated his prime concern is the destruction of all the trees on Slaughter Mountain when it is not necessary. These are old-growth trees important to erosion control as well as being beautiful. The State is concerned with the removal of these trees. The State may not even permit the waterline to be installed as planned. These trees are also important for shade and noise control for the future house. There is bedrock all along the side of the mountain. There is an existing 60' right- of-way. Consensus at the State highway department is it will be .y 290 September 2, 1997 40 -or 50 years before Highway 45 is widened. No one from the City has talked to the'State. Alderman Williams asked if Highway 45 was widened,•would we not have to Move the waterline if it was in:the 601 -right-of-way. Charles, Venable, Assistant to the. Public Works bisector, replied this was hard to answer. without determining exactly what•the State is going to do to the road. It is on the side of a hill. If it is widened from thecenter out, the waterlines would probably have to be relocated: - Alderman Trumbo asked if Mr. Venable thought the..City's proposed placement of the waterline was the most prudent based on future growth. Venable replied it is if the City does not plan to pay for moving it in the future. The State highway department policy is that if utilities are put on by their permission and they need to be moved, the City would pay for. moving. If they are not on there and the State needs the right-of-way, the State pays the City. That is the main reason the City is going outside the highway right-of-way. Alderman Schaper asked if the City needed to clear the entire 30' temporary easement. Venable replied normally it is:used for equipment, but they may. .not: have to'clear the'entire:.area r Crosson called attention .tothe Substantial ditch off the road Which is in -the highway right-of-way and that placing the line in that;, ditch is difficult. Venable mentioned there,is a power line close to the highway and atelephone'cable in thearea. Mr. Coger stated the first proposal by the City was a 20' permanent easement and a 30' construction easement. Then the- City came back with a 10' permanent easement and .using the highway right-of-way as a construction easement. He asked what the City is talking about now. Crosson explained the City's condemnation,. the City tries planned. Since the -City has owners;.the City feels it is originally asked for. position is that when it goes to' to secure what it originally settled with all the other property prudent to. condemn for what was 291 September 2, 1997 Alderman Trumbo moved to suspend the rules and go to the second reading. Alderman Pettus seconded. Upon roll call, the motion passed on a vote of 7 to 1, with Alderman Zurcher voting no. City Attorney Rose read the ordinance for the second time. Alderman Schaper asked if the City had settled on the 10' wide easement, what would that have meant in terms of constructing the waterline. Crosson replied it would not be insurmountable but would add to the cost and difficulty of the project. Alderman Williams suggested leaving it on the second reading. Crosson pointed out the construction contract is also on the agenda and it would not be prudent to consider it if all the properties are not secured. Voting to condemn would secure the properties. Alderman Schaper stated he would like to attempt to amend the condemnation on this land to the 10' permanent easement and no temporary easement, in order to minimize the environmental impact. Alderman Young seconded. Alderman Williams stated he would rather see Mr. Coger negotiate and not have the Council doing it for him. If the Council does not go through with this, Mr. Coger would have two weeks to come to an agreement with the City. This was left on the second reading. REZONING RZ97-15 Mayor Hanna announced this would remain on the table at the request of the petitioner. BOTANICAL GARDEN LAND LEASE Mayor Hanna introduced a resolution approving a land lease agreement with the Botanical Garden Society of the Ozarks, Inc. This resolution was tabled at the August 19 Council meeting. Alderman Williams reported this resolution has been back before the Ordinance Review Committee and the Parks & Recreational Advisory Board. The Parks Board took into account the suggested changes made by the Mayor, staff, and Council members and unanimously recommended its approval. It has been before the Botanical Garden Committee and received its unanimous approval. 292 September -4.2; 1997 There-is'a lot -of protection for the citizens of Fayetteville. There are 12 uses as.of right that -the. City can.have free of charge and protection of the trail that will go around Lake Fayetteville.. There are goals the Botanical Garden must meet. - Alderman Schaper asked about the location 'Of the trail around Lake Fayetteville. 'Alderman Williams replied the City hired a consultant, as requested by the Parks Board, to .hold public hearings and design the trail. The City has the right to determine where it will be. The lease states the City specifically retains the rights to construct and maintain a trail; and we will approve the final master plan, which will have where the trail is.• Donna Porter, Botanical Garden Society, -;stated the Society is in total agreement with the land lease. She stated the Society has over 200 financially supportive members and 60 or so.Volunteers signed up. Alderman the land 'Alderman which is Zurcher asked if this Botanical Garden fails, who would revert to. Williams replied it would revert back to the landlord, the City. Kevin Crosson, Public Works Director, added there is a small portion that will be shared by the .Society and the Environmental Studies Center. The rest ,is currently in the City' -s possession. Alderman Young stated the Study Center is set up for the public school students and he would like to see special consideration for them when the fee structure is set. Lou Vogele, citizen and retired fisheries biologist,. is concerned that there has not been enough consideration of what may drain out of the Botanical Garden. He passed out photographs of Lake Fayetteville. showing algae bloom.' This is an indicator that the Lake is organically polluted. This -is a, fragile environment that • may not tolerate much more pollution. Ralph Fort, District -Fisheries Biologist with Arkansas -Game & Fish Commission, stated he is concerned with what is causing the -algae blooms now. The source needs -to be determined. He feels • Lake Fayetteville'is on the brink of over -fertilization regarding ,fish and any contribution could be a problem. • Alderman Zurcher asked if there is a Botanical "fertilizers and pesticides. 29a September 2, 1997 Ms. Porter assured the Council the Society is very, very environmentally conscientious and would not do anything to threaten the health of Lake Fayetteville. Alderman Williams moved the resolution to approve the land lease agreement. Alderman Daniel seconded. Upon roll call, the resolution passed on a vote of 8 to 0. RESOLUTION 83-97 AS RECORDED IN THE CITY CLERK'S OFFICE NOISE ORDINANCE AMENDMENTS Mayor Hanna introduced reconsideration of Ordinance 4047, which allows non -complaint violations between the hours of 10:00 p.m. and 1:00 a.m., and consideration of an ordinance prohibiting outdoor music and other similar sounds between the hours of 12:00 midnight and 8:00 a.m. Ordinance 4047 City Attorney Rose stated the first item for consideration is Ordinance 4047. It is before the Council on a motion to reconsider. The Ordinance Review Committee has looked at this ordinance and their recommendation is to reject it. It is before the Council as if it were on its third and final reading and ready for a vote. Alderman Daniel stated she would agree to removing the proactive part and would make an amendment after that. Alderman Schaper confirmed there would be no public input at this meeting regarding this issue, as it has been addressed before. Alderman Miller stated he is in favor of giving warnings before tickets. Alderman Williams informed the Council that police officer Rick Hoyt had appeared before the Ordinance Review Committee and asked that the Council not go forward with the proactive ordinance and to give the police department a chance to show that they will in fact enforce the noise ordinance better. Alderman Schaper stated it is important that the enforcement of this not make victims look like the bad guys. Alderman Zurcher suggested forming a committee to deal with this problem. Basically, the season is almost over and the Council has not changed anything. 9 September 2, 1997 Alderman Williams responded this. has been studied in committee and for many years. . Alderman Zurcher stated the committee he's suggesting would include citizen members. called .for the 1 vote. City Attorney Rose clarified a yes vote means the Council wants the.ordinance'to pass and no,means the Council does not wish the ordinance 'to pass. - Mayor..Hanna,added.that yes means,the'police will issue tickets their own and,no means the, police act`on complaints. on Upon roll call, the ordinance failed on a vote of 0 to 8, with all aldermen voting no. City Attorney Rose- informed the Council the next ordinance would be on its third reading. Music Between 12:00 a.m. &.8:00 a.m. Alderman Miller moved to suspend the rules and go to the third reading. Alderman Williams seconded. .Upon roll call, the motion passed on a vote of 8 to 0. City Attorney Rose read the ordinance for the third time. Alderman Williams stated thiswasstudied in the Ordinance Review Committee which came to the consensus that this should be amended to 1:00 from midnight, so that the music would end at 1:00 a.m. as opposed to midnight. Alderman Miller stated he has suggested that Friday and Saturday nights are different and is amazed that no one has considered closing earlier on week nights and staying open later on weekends. He considered 12:30 during the week and 2:00 on Fridays and Saturdays logical., • Alderman Williams responded this has been discussed at. Ordinance. Review Committee meetings.. Alderman Daniel stated the department is to not issue removed the proactivepart. City not give warnings. intradepartmental policy at the police warnings.., The Council has. already She. stated her amendment is that the ' Alderman Daniel moved td put that in the ordinance. 29- September 2, 1997 Alderman Williams felt this is a managerial decision and it is wrong to take full discretion away from the officer at the scene. Alderman Williams stated he would make an amendment to the current ordinance to amend the hours from 12:00 midnight to 1:00 a.m. Alderman Trumbo seconded. Alderman Schaper stated 1:00 a.m. is a real problem, as it would apply to not just Dickson Street. The potential is for any establishment to do this. He agreed weekends are different from week nights. He felt the amendment should be amended to read 1:00 a.m. on Friday and Saturday and 11:00 p.m. on the other nights of the week. Alderman Williams noted that at this point, there is no cut off time. There is a cut off time for bars. Also, the decibels allowed do drop at 11:00. Alderman Schaper stated it is not a cut off. It states the offense is if the music is plainly audible at a distance of 150' or more from the source. That is not an absolute cut off. This ordinance creates an offense that may or may not be a real offense. His recommendation, which the Ordinance Review Committee refused to consider, was based on the advice of other communities that have adopted ordinances which state there has to be a disturbance created in somebody's house or dwelling unit. This ordinance says outdoor music is a problem that needs regulation and then proposes regulation that could be unacceptable to anyone living near the source of this sound. Alderman Young stated setting cut off times makes decibel levels useless. Mayor Hanna called for the vote on the 1:00 a.m. cut off amendment. Upon roll call, the amendment Aldermen Miller, Schaper, and passed on a vote of 5 to 3, with lurcher voting no. City Attorney Rose stated the Ordinance Review Committee was also thinking about an amendment to do away with the language "outside or in an unenclosed area." Alderman Williams stated this is correct. The ordinance as originally proposed said outdoor music. There have been problems with indoor music escaping to bother people. As long as the music is getting outdoors and bothering somebody 150' away, it should be prohibited, whether it is created outdoors or indoors. 11 September 2, 1997 Alderman Williams moved to delete the difference between outdoor created music and indoor created music and have any music, : whether it escapes from an indoor building or is created outside. :: Alderman Daniel seconded.. Alderman Miller suggested saying °noise" and not just "music." Alderman Williams responded music is a special kind of noise and has been the problem in the past. It is a special category that is more disruptive to someone trying to sleep. '.Alderman Miller felt this was picking on musicians and not dealing with the really annoying city noises. City Attorney Rose reiterated the amendment: In._Section C on the second page .of the proposed ordinance, the words " outside or in an unenclosed area. .'would be removed and it would now read, "'.' .between the hours or 1:00 a.m..and 8:00 a.m. and is plainly audible at a distance of 150'." It would eliminate the words "outside or in an unenclosed area." Upon roll call, the amendment passed on a vote of 5 to 4, with Mayor Hanna voting yes and Aldermen Miller, Schaper, Young and Zurcher voting no. 17, Alderman Schaper moved to amend this to say between the hours of 1:00 a.m. and 8:00 a.m. on Saturday and Sunday mornings and 11:00 p.m. the remainder of the week.. Alderman Daniel seconded. Upon roll call, the amendment failed on a vote of 1 to 7, with Alderman Schaper voting yes. Alderman Williams recommended passing the ordinance and letting the police have a chance to enforce it. It has been studied severaltimesthis year and for years before. Upon roll call, the ordinance passed on a vote of 5 t� 4, with Mayor Hanna voting yes and Aldermen Miller, Schaper, Young, and Zurcher voting no. ORDINANCE 4052 IS .FOUND ON PAGE NEW BUSINESS VACATION VA97-4--HONEY LANE "Mayor''Hanna introduced .an ordinance vacating a portion of a -.utility easement on property located at 2416 Honey Lane as- .requested.by Jim Bob Wheeler.; The Planning Commission voted 7-0- 0`to recommend the ?vacation. OF ORDINANCE BOOK September 2, 1997 City Attorney Rose read the ordinance for the Alderman Trumbo moved to suspend the rules and reading. Alderman Daniel seconded. Upon roll passed on a vote of 8 to 0. first time. go to the second call, the motion City Attorney Rose read the ordinance for the second time. 297 Alderman Williams stated all the utilities have agreed to this and the Planning Commission approved it unanimously. Alderman Williams moved to suspend the rules and go to the third and final reading. Alderman Daniel seconded. Upon roll call, the motion passed on a vote of 8 to 0. City Attorney Rose read the ordinance for the third time. There being no further comment from audience members or Council members, Mayor Hanna called for the vote. Upon roll call, the ordinance passed on a ORDINANCE 4053 IS FOUND ON PAGE A TEAM CONSTRUCTION CONTRACT vote of 8 to 0. OF ORDINANCE BOOK Mayor Hanna introduced a resolution awarding a construction contract with the A Team Construction Company in the amount of $944,300; approving a contingency amount of $94,430; and approving a budget adjustment in the amount of $375,044. Kevin Crosson, Public Works Director, corrected a statement made earlier in the meeting; he stated this contract can be awarded We are down to only two acquisitions to make, and it will take a while to get to the Coger property. Alderman Schaper stated the Sewer & Water Committee has looked at this. He reminded citizens this is to build the main line going east that will connect with the White River Rural Water Association property the City acquired. The cost is going to be covered from folks benefiting from the connection. Their water rates have been guaranteed not to increase for one year. After that, there will be a return for this investment. Alderman Miller moved the resolution. Alderman Daniel seconded. Upon roll call, the resolution passed on a vote of 7 to 1, with Alderman Zurcher voting no. RESOLUTION 84-97 AS RECORDED IN THE CITY CLERK'S OFFICE 13 September 2, 1997 SALEM VILLAGE PUD/OFF-SITE'IMPROVEMENTS Mayor Hanna introduced a:resolution approving a request to guarantee payment for required off-site improvements associated .with-ithe Salem Village Pup by posting a performance bond as requested by the developer. Alderman Schaper was concerned that if the improvement does not get` built in,five years, ..itwill be"1forgotten.. It does come i::-.before'Planning Commission again after five years and can be continued after that point, so we will have to depend on the wisdom of .the then -sitting Planning Commission to do this. In general, these guarantees are not the best way to handle off-site improvements. We need to look at an impact fee, which would go into the infrastructure development fund to fund the most needed projects to handle growth. Alderman Young stated this comes to -the Planning Commission 'before the performance bond comes due. Mayor Hanna asked for comments from the audience. There were none. • Alderman Daniel moved the resolution. Alderman Williams seconded. - Upon roll call, the resolution passed on a vote of.8 to 0. RESOLUTION 85-97 AS RECORDED IN THE CITY CLERK'S OFFICE STREET NAME CHANGE-.-GREGG AVE. TO POWERHOUSE AVE. Mayor Hanna introduced an ordinance changing the name of a section of Gregg Avenue to Powerhouse Avenue as requested by Bill Underwood. City Attorney Rose read the ordinance for the first time. Alderman Williams moved to suspend the rules and go to the roll call, the motion. Schaper voting no.. reading. : Alderman Miller seconded. Upon passedon a vote of 7 to 1, .with Alderman second City Attorney Rose read the ordinance for the second time. Alderman Daniel asked if anyone had checked with the 911 system. Kevin Crosson, Public Works -Director, stated it has'been confirmed by the 911 coordinator that there would be.no conflict with thestreetchange. • 299 September 2, 1997 Alderman Daniel asked if other residents or landowners on this street had been notified. Rose replied the two other property owners have been notified. One wants it and one does not. Alderman Young stated it sounded like the entire street was being changed north and south, up and down Fayetteville, to Powerhouse. Rose responded that is not the intent. It is just that portion between Dickson Street south. Crosson stated it terminates at the entrance. Alderman Daniel asked if there would be a street sign put up. Crosson replied there would. Alderman Daniel thought a standard street sign, which is appropriate, would not attract more patrons to the restaurant. Alderman Williams moved to suspend the rules and go to the third and final reading. Alderman Trumbo seconded. Upon roll call, the motion passed on a vote of 7 to 1, with Aldermen Schaper, voting no. City Attorney Rose read the ordinance for the third time. Mayor Hanna asked for public comment. Richard Shewmaker, 605 W. Dickson, took this opportunity to state he does not support this name change but does strongly support an item further ahead on the agenda, Mr. Underwood's issue of. acquiring University Auto. Regarding the street name change, Mr. Shewmaker stated he resented comments written by Mr. Underwood in a letter which was included in the agenda packet. These comments pertained to Mr. Shewmaker not favoring this name change and using a Dickson Street address for his ballroom on Gregg Street. Mr. Shewmaker stated he does not own the ballroom; he owns the building. He did not name the property The Dickson Street Ballroom; the tenants did. Its address is 245 N. Gregg. Another letter from Mr. Underwood in the packet said Mr. Shewmaker owns the property on the west side and that he had earlier told Mr. Underwood he would oppose it because he has a club on that street. Mr. Shewmaker stated he does not own a club on that street. He owns the building the ballroom is in; he did not name it; and he does not advertise it. 15 3.00 September 2, 1997 Mr.Shewmaker agreed it would be beneficial to everyone involved if that segment of the street was renamed something. Gregg is fragmented. This section is about 300' long and does not align with Gregg. The streetshould have a stronger identity. He would be glad to work on a committee for this. Mr. Shewmaker stated he has three businesses that have addresses 'on that street, 225 N. Gregg, 245 N. Gregg, and 255 N. Gregg. To think that each would have to advertise anotherbusiness when they advertise is not fair. He asked the Council to suppose that the Powerhouse Restaurant decided to leave after the street was renamed. Another business might rather have a generic name. That building is not on the National Register and is of no more historical significance than Mr. Shewmaker's buildings. The address of the Powerhouse Restaurant is 112 N. University. It would be more appropriate to change that segment of University. Mr. Shewmaker reiterated his willingness to work on a committee to establish a name that would 'benefit all the businesses on that street and his position that naming this street, when there are other establishments on it, to benefit one is not fair. Bill Underwood, petitioner, stated the powerhouse is historically significant. That building was built in 1902 and started generating electricity seriously in 1904, with a generator purchased at the St. Louis World's Fair. It is built at the mother spring of Spring Street, a precedent for naming a street after a landmark. The mother spring still flows in the basement of the powerhouse building and he hopes to make a viewing portal. Mr. Underwood stated the building was dilapidated and vacant when he purchased it five years ago. He fixed it up significantly, .which -attracted a restaurant. The restaurant was named after the powerhouse, not vice versa. This request is for the street to be named after the powerhouse generating plant, not the Powerhouse Restaurant. He stated he does not own the restaurantbut does own the property and leases it to the restaurant. Mr. Underwood stated there is a small, pie -shaped area to the left just before the gate that is owned by the City. He would liketo do some planting:there.. -Mayor'Hanna asked for further comments from the audience. There were none. • ff Alderman Schaper pointed out Mr. Shewmaker actually owns property fronting the street, while Mr. Underwood's property does not '..really front on the street but:is where it terminates. 16 301 September 2, 1997 Alderman Miller asked if Mr. Shewmaker had stationery that would have to be changed or other expenses incurred. Mr. Shewmaker replied he wouldn't because he doesn't have the business. He did not consider it a big deal. He, too, would plant on the triangle property owned by the City. However, it is brought up at almost every Dickson Street Enhancement meeting that there needs to be a public place for the train to stop; and that is the only public place in the Dickson Street area that is on the railroad. He hoped the City would protect that. Alderman Young spoke to the historic significance of the generating plant. If being historic is to be considered, then maybe George's should be considered. That building was there long before people thought about generating electricity. It is an old railroad building. Alderman Miller asked staff if this was run by emergency personnel to see if they have any objections. Kevin Crosson, Public Works Director, replied it would be coordinated through 911. Mayor Hanna called for the vote. Upon roll call, the ordinance passed on a vote of 5 to 3, with Aldermen Schaper, Zurcher, and Pettus voting no. ORDINANCE 4054 IS FOUND ON PAGE OF ORDINANCE BOOR COST SHARING AGREEMENT Mayor Hanna introduced a resolution approving a cost sharing agreement with Julian and Jane Archer, developers of Bois D'Arc Subdivision, for a not -to -exceed cost of $30,715 to provide storm sewer improvements. Kevin Crosson, Public Works Director, explained that the Waterman Woods addition was built in 1990-91. There have been a number of drainage problems over the years. While the warranty was in place, the City did ask the developers to make some improvements. The developer did those, but there were still problems. When Bois D'Arc subdivision was proposed and brought forward, the neighbors in Waterman Woods raised objections with the Planning Commission. The developers committed to addressing the problems. They approached the City about a cost -share arrangement or the City making the improvements. This cost sharing agreement developed from those discussions. The City proposes the not -to - exceed cost of $30,715 to make the necessary improvements up to the drainage ordinance requirements. The Archers' have agreed to 17 September 2, 1997 provide additional capacity, up, to the 100 -year flood frequency. ..It -was discussed that Waterman Woods was dedeloped by a different developer.' -AC that tithe, the`Cityedrd not -.have an adequate drainage ordinance. . " Alett Little, Planning Director, stated the Planning Commission .Thapproved the subdivision subject to the corrections being made. They approved it whether or not the. City enters into this.. If :the City decides against this, it will be incumbent upon the developer to make the corrections. • Alderman Williams asked why the developer expected the City to pay $30,000. This is much more than the developer's share. Crosson replied the amount the staff is recommending is related to Waterman Woods, not the effect of Bois D'Arc Charles Venable, Assistant to the Public Works Director this amount is what it would take to handle the hundred flood through there, which the developer plans to do. ordinance says 10 years. The difference is between the year and the ten year, just for this drainage. The dif Limply a couple of pipes. Crosson stated this is not the entire extent of the drainage improvements in the subdivision.- This is only the portion attributable to Waterman Woods. • • directly , stated -year Our hundred ference is Alderman Schaper stated this is a case of the City recognizing the fact that it did not require the kind of drainage improvements that we would now require. The City has fixed existing problems before. Someone developing a piece of land should not have to pay for mistakes made in previous development. Alderman that was $19,000; expected Williams stated he would agree to a cost-sharing plan even for both City and developer.He could agree. up to but he still did not like the fact that the City is to pay $30,000 while they pay about $7,000. Alderman Williams moved to amend the resolution to change the not-to-exceed..cost to not to exceed $19,000.. Alderman Zurcher seconded. Alderman Schaper stated the Council should go with the judgement of staff on what is a fair., arrangement. Upon roll call, Mayor Hanna and voting no.' the amendment failed on.a Aldermen Schaper,. Daniel-, vote of 4 to 5, with Young, and Pettus 303 • September 2, 1997 Alderman Miller moved the resolution. Alderman Daniel seconded. Upon roll call, the resolution passed on a vote of 8 to 0. RESOLUTION 86-97 AS RECORDED IN THE CITY CLERK'S OFFICE, APPEAL REZONING RZ97-16--CARLON BASSETT Mayor Hanna introduced an appeal of the Planning Commission's decision to deny a rezoning for property located at 614 N. College Ave. as requested by Alan Reid on behalf of Carlon Bassett. This rezoning failed on a vote of 4-4 at the Planning Commission. Bill Underwood stated he would like to purchase this land for the purpose of trading for the property next door to Underwood's on Dickson Street. This building is now owned by University Auto. He would like to turn it into a very nice parking area with plantings, a plaza, perhaps a waterfall, and maybe additional buildings for rental. In order to acquire that property, University Auto needs a place to move. The property on N. College was built in the late '40's by Ivey Motor Company and was used as a garage and auto repair facility for a number of years. In the 70's, a 200' swath was drawn down College Ave. Anything within was zoned commercial and anything outside was residential. The line cut right through the middle of this building he wants to purchase and trade. More recently, the building has been leased to EMS and has been vacant for less than a year. Mr. Underwood stated this property has been commercial for almost 50 years. If the City zones it back to what it was before, it will be used for this trade and would be an auto repair facility. It would not have the siren, bells, and horns that EMS had. Nothing about the use of the property would change except for the better. Mr. Underwood stated his request is to ask the City to rezone that piece of property back to where it was before it was arbitrarily changed. Mr. Underwood stated his intention would be to remove the building where University Auto is now. Mr. Underwood stated the signed contract would be that both parties agree that the parking lot just north of the building and which borders on Rebecca will forever be an easement for parking only. Both the buyer and seller have agreed to that. That is the area the Planning Commission is concerned about. He feels he should have informed them more of what is going on. Going back to what it was for 50 years seems the fair thing to do. 19 304 September 2, 1997 Alderman.Trumbo asked if there was any kind of conditional use or bill of assurance so a. sexually oriented business can't go into a C-2 zone. Alderman Pettus stated a deed restriction or something like that could be a bill of assurance that would pass with the land. Alett Little, Planning Director, stated there is in the ordinances the -request for any sexually oriented business to go. before the Planning Commission as a conditional use. A bill of •assurance would do it. A deed restriction would do it. 'Alderman Schaper stated the Planning Commission discussed a different arrangement. That is to zone the building C-2 and keep the parking lot R -O, so the parking lot becomes a conditional use for the building. The building could be used as Mr.. Underwood is proposing. If anything were to change, the conditional use on the R -O land would have to come back to the Planning Commission. Mr. Underwood stated there would be no problem with that. Alderman Pettus stated the.Planning Commission was more concerned with traffic going in and going out from Rebecca. Alderman Schaper responded that could be handled with the access arrangement. required on Rebecca. Alderman Miller asked about screening. Little replied there is not a requirement for screening between R -O and residential areas. There is a requirement for screening • between any commercial use and residential areas. If the eastern side remains R -O, we would need to come to an agreement that the ... screening that would normally occur between the C-2 and,the R-0 would move to that property line. Little stated the Planning Commission's main concern had to do with adding commercial uses in a residential area. There was a very narrow vote for rezoning .the;entirepiece, 3-5-0. Then they talked about'just rezoning thebuilding, and that was 4-4-0.. There' main concern was that there -not be additional traffic introduced into a fairly historic neighborhood. They talked :about whether ingress andhegress could be'restricted to N. College.';Theytgot very close to reaching a consensus. A 'Suggesting was to not allow ingress/egress to Rebecca Street on ,this property..;.It seemedhto her,they.were willing to have ingress/egresson .the front-part+of`it.• 4 . r 305 September 2, 1997 Alderman Schaper mentioned there is a parking arrangement for overflow parking from Doc Murdock's. He asked if Mr. Underwood would be agreeable to an access agreement that also comes off College. Little stated that is already in place and is permanent. This is information the Planning Commission did not have. Mr. Underwood asked for some assurance that the Council would approve what is being suggested so that he could get going with the contract. Aldermen Schaper and Williams had previously indicated their support. Alderman Miller stated he would agree if Mr. Underwood agreed to the screening requirements that would go if the whole thing was C-2. Alderman Pettus stated she would agree as long as the Planning Commission was satisfied on access to College instead of commercial traffic coming in and off Rebecca Street. Mr. Underwood asked if there was a consensus that if he met the requirements, the Council would approve it. Bonnie Davis, adjoining property owner, stated her property is historical. She stated she had no problem with Mr. Underwood's proposal. Her concern is that a permanent rezoning change exposes her to possibly other types of businesses in the future that would keep later than normal business hours. She asked for protection and some kind of arrangement that if this auto repair business fails in six months, she won't have some sex -oriented business or nightclub 50' from her front door. Alderman Schaper explained that if the City zoned the building commercial, that allows University Auto to be in there. If the parking lot is kept zoned R -O, then University Auto would need a conditional use to use the parking lot. Any other business in the future would require conditional use and have to come before the Planning Commission. Richard Shewmaker, property owner, stated he hoped this could be worked out. He has informed Mr. Underwood that he has attorneys preparing litigation toward University Auto. Years ago, a building was permitted to be added to the back of that property which causes water to run through his. He stated he has told Mr. Underwood that he would put off the litigation in hopes everything would work out and Mr. Underwood would take care of the problem. Mr. Shewmaker's attorneys have insisted that the City also be sued, which Mr. Shewmaker has resisted. He stated everything has been stopped and hopes this will be worked out. 21 • September 2, 1997 ..Mr. Underwood again stated he'would like to get going. If the Council was in consensus that this could be done as all understood it, .that would allow him to proceed with the contract. An'agreement that this would happen would be good enough for him. He stated he understands he is to get a legal description to the City as soon :as possible and that this will be on the agenda at the next meeting. Alderman Zurcher supported Mr. Underwood's taking a vehicular business on Dickson Street and relocating it to a vehicular area. He felt the new development on Dickson would add to Dickson Street. FIREWORKS AT UNIVERSITY OF ARKANSAS Mayor Hanna introduced an ordinance amending the public display of fireworks code. City Attorney Rose referred to a packet provided to the Council. He read from the State statute, 20-22-704: "This subchapter is not going to affect the power of any City to regulate or prohibit the sale or use of fireworks." Rose stated that is what the City has done with its current ordinance. He stated there were exceptions in 20-27-702, Public Displays Excepted.. It allows public displays of fireworks if you receive a permit from the director of the State police, and the application for the permit has to be signed by the chief supervisory officials of the City's fire and police departments. Rose stated if there is a State law in conflict with a City ordinance, the State law will prevail. We already have a Sate law that says people,may get a permit from the State police, signed off on by our chief of police and our fire chief, that will allow the public display of fireworks. It doesn't have to come before the Council every time. Rose stated he would like to change the City's ordinance to reflect the State law. If the City does this, there will be no need for the City to grant the University any variance fromour current ordinance, as long as the University obtains the State permit. Rose stated if the University has the State permit, the City's permission is not required. If the Council does nothing at all, the University can obtain a permit from the State. The University has no problem with that. Rose stated the present ordinance is a little out of sync with the State and the Council may want to consider the one he prepared at some future date: 22 Alderman Tuesday, Center. 307 September 2, 1997 ANNOUNCEMENTS Daniel announced a Town Center public hearing for September 9, at 6:00, at the Continuing Education Alderman Williams announced a Street Committee meeting for Thursday, 5:00, in room 326, and an Ordinance Review meeting immediately after that. Alderman Zurcher announced a tentative date for the Juvenile Concerns Halloween bash, Oct. 29, at the Dickson Street Ballroom. Alderman Trumbo invited the Council to a tour of the Library to see the new computer system. ADJOURNMENT Mayor Hanna adjourned the meeting at 10:02 p.m. 23