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HomeMy WebLinkAbout1998-11-03 Minutestr LP Y 356 A MEETING OF THE FAYETTEVILLE CITY COUNCIL A meeting of the Fayetteville City Council was held on November 3, 1998, at 6:30 p.m. in the City Administration Building, 113 West Mountain Street, Room 219, Fayetteville, Arkansas PRESENT: Alderman Williams, Alderman Daniel, Alderman Young, Alderman Trumbo, Alderman Pettus, City Attorney Jerry Rose, City Clerk/Treasurer Heather Woodruff, Staff, Press, Audience ABSENT: Mayor Fred Hanna, Alderman Schaper, Alderman Miller In Mayor Hanna's absence, Alderman Kit Williams presided as vice -mayor. CONSENT AGENDA: MINUTES: Approval of minutes from October 20, 1998, meeting. HOME GRANT: A resolution approving a contract with Arkansas Development Finance Authority for 1998 Home Grant funds in the amount of $60,111. The grant will be used for housing rehabilitation and will be administered by the Community Development Division. RESOLUTION 140-98 AS RECORDED IN THE CITY CLERK'S OFFICE BID 98-70: A resolution approving the bid award to River City Hydraulics in the amount of $34,778 for the purchase of ten roll -off containers and future unit prices for use in the materials handling process at the recycling center. RESOLUTION 141-98 AS RECORDED IN THE CITY CLERK'S OFFICE BID 98-64: A resolution approving the award of Bid 98-64 to Ameri-Kan for solid waste containers used in our container lease and purchase program. RESOLUTION 142-98 AS RECORDED IN THE CITY CLERK'S OFFICE I• HOME BUYER PROGRAM: A resolution approving an Offer and Acceptance Contract for the sale of a home as part of the Community Development Home Buyer Program.- • • RESOLUTION 143-98 AS RECORDED IN THE CITY CLERK'S OFFICE The motion was made by Alderman Daniel to approve theConsent Agenda. The motion, was seconded by Alderman Pettus. Upon roll call, the motion carried with a vote of 5-0-0. 357 November 3, 1998 City Council OLD BUSINESS: CAPITAL IMPROVEMENT PROGRAM: Alderman Williams introduced a resolution approving the 1999-2003 Capital Improvement Program. Alderman Williams noted that the only point of contention seemed to be the proposed connection between Prospect and Cleveland Streets across the railroad tracks. He summarized the history of the street development plan and explained how and why this particular project was planned. Its purpose was to divert traffic away from Wilson Street and the City Park by giving an easier, safer route to the university. The project had been in various stages of development since 1995 and it was assumed that citizens had ample opportunity to respond and voice concerns. Because many citizens in the affected neighborhoods had now come forth to disagree with the proposed city road project, he believed that the Prospect/Cleveland Street connection and potential Gregg Street improvements should be cancelled and placed into the unfunded list of capital improvement projects. He further suggested that a vote on the CIP be postponed until the next Council meeting so the Prospect/Cleveland Street connection can be cancelled by the Street Committee and replaced with more worthy projects. Alderman Williams opened this topic (and any other issue on the CIP) to other alderman for comments. Alderman Trumbo stated it is unfortunate the plan met with so much controversy and that people felt the issue was not adequately discussed publicly. He suggested that the notification process be redefined in order to get more input from neighborhoods, incorporate the University of Arkansas with their plans and their traffic studies, and make everyone feel a part of the process. Upon inquiry, Mr. Charles Venable responded that, even though he felt it is a worthwhile project, he did not have a problem with taking this plan off the CIP list as there are plenty of other places to spend the money. Alderman Daniel stated that the issue should be brought before the Street Committee again for a second look, but she felt it was premature to simply dismiss it. Alderman Young commented on the difference between someone being in charge of the traffic division and a traffic engineer. He felt that the citizens were referring to someone who deals with the flow of traffic in the future, not one who deals with retrofitting what is here right now. In conjunction with that, if this project is taken out of CIP, he strongly suggested that this be coupled with a comprehensive study of the area - the university, all the residents, and particularly the Dickson Street to North connection and where that is going to go. All the traffic patterns in the area should be studied. As previously mentioned, traffic is a very big problem, but preserving Page 2 November 3, 1998 Er City Council neighborhoods is also a very big problem. It is not only important to the residents, but to all of Fayetteville. Alderman Trumbo stated it might be an opportune time to discuss the possibilities of funding a full-blown traffic study. Some problems we have to face are the infrastructure and the traffic concerns, so this might be the time to weigh the options of a traffic engineer and/or a full blown comprehensive study to be funded to look at the traffic patterns for the next 20 years. Alderman Pettus felt that all suggestions should be considered, but cautioned that everyone should be logical and reasonable. She expressed a lot of confidence in Mr. Venable and stated that he should be listened to as well. Alderman Williams asked for a show of hands of Wilson Park area residents who support removing the Cleveland to Prospect project from the current funded CIP. He then invited those who wished to make brief statements to do so. Bob Brandon came forward to introduce the Wilson Park Neighorhood Association. He stated that the Association is asking for three things: (1) postpone the connection between Prospect and Cleveland until such time as a comprehensive study of the problem of getting traffic from the University and Dickson Street to North Street can be completed, (2) change the designation of Prospect Street back to a local street, and (3) commit some City resources to help the neighborhood take the lead in: developing a comprehensive plan for a connector between Dickson, the university, and North Street. He then introduced Steve Frankenburger who is spokesperson for the neighborhood organization, and stated that a few other members wished to. speak briefly. Steve Frankenberger announced that the Neighborhood Association is very new, having just been formed for the first time. He stated that the Association wants to see a full-fledged plan because,` whether the Cleveland -Prospect project helps or hurts their neighborhood depends upon how the rest of the plan fits in. If it involves a north side'corridor, uses Gregg Street from North to Prospect, it will be bad for everyone. The Association does not have a plan, but would like to sit down with the City and make one. Judith Levine complimented both Mr. Venable and Mr. Rutherford for the work they have done. She emphasized the Park District safety issue, commenting that there are no sidewalks in some Park areas, and no crosswalks for school children. She discussed the hazards resulting from the university traffic traveling from Gregg to Wilson to Maple Streets and noted that this dangerous situation exists because there is a lack of access to the university and the downtown area from the northern parts of the city. She sees the real problem as the lack of a north -south corridor and suggested that the City and the University pool resources to fund a comprehensive, long-range traffic analysis and plan to preserve the neighborhoods. She requested three things of the City Page 3 35 November 3, 1998 City Council Council: (1) do not connect Prospect and Cleveland, (2) amend the master plan to reflect the non - collector status of these two streets, and (3) develop a unified plan for a north -south connection to the university and downtown. Alderman Trumbo addressed the concern that people felt they had not been notified properly. He wondered what other notification processes might be more satisfactory. Several suggestions were made, among them, posting signs before significant meetings, and sending letters to people who lived in close proximity to proposed capital improvements. Mr. Frankenberger stated that it would be a good issue for the Park Association to take up - and perhaps invite City Council to speak to the group, providing a good source of communication both upwards and downwards. He stated that, to some extent, it was the Association's responsibility to provide the avenue for that notification. Alderman Williams mentioned that, every five years, the Street Committee makes major revisions to the Master Street Plan and there is opportunity for public comment. Mr. Venable commented that the north -south issue is a very tough one, will take a lot of study, and there may never be a totally satisfactory solution. Janice Ryan stated that she is relatively new in the District and has not been around to be aware of the various notifications. She was also interested in what will happen to Gregg Street. She further stated that she measured the distance between North and Maple (.5 mile), the next major east -west street being Township - another 1.3 miles - and felt that the need for major east -west streets seems to be north, not south, of North Street. We don't need faster traffic in the area and don't want to make the park a worse place. Kent Walker commented that he has lived in the Park area since he was a child. He felt the area would be much more dangerous for walkers and joggers if Cleveland and Prospect are connected as the traffic would move much faster. Mrs. John York opposed anything which would increase Wilson Street traffic. Alice Matthews entered a plea to preserve the "specialness" of the Park area from generation to generation. It has been a safe place and she hopes it will remain so. Candy Clark, in unison with her neighbors, said she is committed to work with the City, thanked the Council for their consideration in removing the Prospect -Cleveland connection from the current street improvement plan, and expects a plan to be found with which they all can live and be proud of. Page 4 November 3, 1998 City Council Charles Axtell suggested putting up signs for public input BEFORE money is spent on an engineering plan, rather than after, as this may be too late m the process. He would like to participate from the beginning. Alderman Trumbo asked Mr. Venable about the logistical chronology of events, from an engineering and planning standpoint, in concept development. He assumed some kind of engineering is necessary before a plan can be presented. Mr. Venable explained the usual procedure which is doing preliminary work, holding meetings to present information, then programming the project before construction begins. He told the group that a certain amount of engineering has to be done before you can go to .the public.. Alderman Williams noted that information is presently communicated to citizens through a number of avenues, but apparently others need to be found. He said perhaps notification signs could be erected in affected areas when projects are scheduled to be discussed in specific meetings. If people have concerns, they can express them then. Alderman Pettus suggested publishing agendas for Street Committee meetings and also publish a list of the projects. For future councils, this is something that might be suggested. Alderman Williams commented that nothing motivates a community as much as streets. He admitted that he, too, is a little bit biased when it comes to the City Park (Wilson Park), as he played there as a child. He said again, that this project was designed to try to help, not hurt, the City Park. It still might need to be done sometime in the future, but now does not seem to be the time. Craig Morris suggested sending out notices with the water bill. He, as many other people, normally does not catch the televised news, and often is not able to come to some of the "pre - meetings" that take place, .and if you don't read the local newspaper regularly, you miss those notifications. It's a difficult process, but if an effort could be made for a mailing process, or posting process (signs), it would help a lot. r r t , 1 •• 41 yl * ` f r. • M0 5 6L Alderman Pettus stated that signs would likely be the solution - water bills wouldn't help too much because street committee meetings come up more quickly than people would get the watef bills. •r . ' Mr. Morris agreed and stated that the signs would get the -users, not just the neighborhood itself. • t Tim de Noble (509 Forest) stated that any study on traffic needs to include a study of how pedestrians get around. This is another reason the university should contribute. Anything we do should be done to promote pedestrian travel within the center of the city. Any actions considered Page 5 3C1 November 3, 1998 City Council outside the center of the city should consider how they might impinge upon that pedestrian traffic within the city. Alderman Trumbo commented that the City certainly agrees and stated they had quintupled the amount of money for sidewalks, and were working on a master plan for sidewalks throughout the city. A problem is that, at one time there was no sidewalk ordinance, so sidewalks were not built and now we are paying the price. Right now the priorities are to repair sidewalks on continuous properties with the schools. Kendall Curlee felt it important to preserve green space, and where possible, provide hiking and bike trails. In that interest, running a north -south connector near railroad tracks would be useful. Moving on to another issue, Jeff Erf (2711 Woodcliff Road) noticed on the CIP that Drake Field has about one and one-half million dollars of capital improvements scheduled. He wondered about the source of funding for that. Alderman Williams replied that it is money the airport itself generates. It's not general revenue from the city. Mr. Erf continued that another project - not part of the CIP but one that would affect Fayetteville residents - was the toll road from the by-pass to the new regional airport. He wondered if the City Council has a position on that road. Alderman Williams stated that it is outside the city's jurisdiction and the Council takes no position on that. Alderman Williams asked for other comments concerning capital improvement projects. Rick Kinner stated that he just moved here from Austin two weeks ago and is looking at a house which backs up to Cleveland and he was concerned that Cleveland might be widened at that point. He was assured that there are no plans to widen Cleveland. In fact, the only plan for Cleveland on that end of town is to continue sidewalks. Alderman Williams stated they would leave the CIP at that point. The issues would be taken up again the following evening at the Street Committee meeting. NEW BUSINESS: HOUSING CODE: Alderman Williams introduced an ordinance repealing Chapter 155: Minimum Housing Code, Code of Fayetteville; and adopting the Standard Housing Code, 1997 Page 6 November 3, 1998 City Council Edition. City Attorney Rose read the ordinance. Alderman Williams announced there were not enough people to move this along. Mr. Venable stated that a memorandum dated 10/29/98 would give an idea of what the differences are. Alderman Pettus suggested that it be left on second reading. Alderman Williams asked for public discussion. There was none. NOTIFICATION REQUIREMENT FOR BLASTING: Alderman Williams introduced an ordinance amending Chapter 157, Notification and Public Hearings, of the Code of Fayetteville, to add Section 157.08, Fire Prevention Code, requiring notification to residential property owners within 200 yards of a blasting site. City Attorney Jerry Rose read the ordinance. Alderman Pettus stated that she proposed this ordinance. She recently received a call from a constituent who told her some blasting was frightening quite a few people in the neighborhood - thought it might have been a gas pipe explosion. The person was concerned that the neighborhood knew nothing of the blasting that was scheduled..This ordinance is designed to provide notification to residents of a neighborhood if any significant blasting is going to go on within 200 yards. She presented this for the Council's consideration. Alderman Daniel asked if there is a time period for notification. Alderman Pettus replied that one had not been established. 362 Alderman Young stated that it is not mentioned in the ordinance, but it is geared to the time that • a person applies. Any time after your application you may notify. It has to be, of course, prior to the blasting itself. Alderman Daniel wondered if there is a certain period of time within which a permit must be secured before the blast occurs. Alderman Young thought, technically, it had to be obtained a day before. Page 7 363 November 3, 1998 City Council Alderman Pettus thought that notification needed to be as close to blasting time as possible so people won't forget. Mr. Venable felt that 24 hours was an appropriate notification interval. Alderman Daniel wondered if 24 hours gave blasters sufficient time to notify. Alderman Young responded, if they can't notify, they can't blast. Alderman Williams asked for public comment on blasting. There was none. This issue was left on first reading. MOTION TO AUTHORIZE MAYOR TO REIMBURSE WATER DAMAGES: Alderman Daniel related an emergency which had recently been directed to her attention. Following heavy rains, there was a sewer back-up which precipitated severe damage to a resident's new carpeting. The resident's insurance company felt the City was responsible and declined to cover damages. Alderman Daniel wondered if the City could reimburse the citizen for full damages. David Jurgens (Water & Sewer Superintendent) stated that the existing policy is that the City waits for action by the homeowner's insurance company and will supplement that by no more than $2500. In this particular case, reimbursement of $2500 is far from adequate. The carpeting was new, very costly, uncleanable, and the homeowner was clearly not at fault. Mr. Jurgens told the Council that he had personally visited the home, examined the carpet, and had contacted her insurance company. During investigation of the case, he found that there was a blockage in the sewer main, due primarily to grease, and he felt it was reasonable for the City to reimburse. Alderman Williams made a motion to authorize the Mayor to use his discretion to reimburse this citizen for full damages (approximately $9000) out of his special fund. The motion was seconded by Alderman Pettus. Upon roll call, the motion carried with a vote of 5-0-0. MOTION FOR EARLY INSTATEMENT OF ALDERMAN IN WARD 2: Alderman Young remarked that Ward 2 is underrepresented. He requested that a special meeting of the Council be held to allow early instatement of the newly elected alderman from that ward. Alderman Williams asked City Attorney Rose if any special notification was needed. Mr. Rose responded that the City Clerk can take care of that. The meeting adjourned at 7:48 p.m. Page 8