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HomeMy WebLinkAbout2007-07-03 MinutesJ Mayor Dan Coody City Attorney Kit Williams City Clerk Sondra Smith ARKANSAS City of Fayetteville Arkansas City Council Meeting Minutes July 3, 2007 City Council Meeting Minutes July 3, 2007 Page I of 25 Aldermen Ward l Position I — Adella Gray Ward 1 Position 2 — Brenda Thiel Ward 2 Position 1 — Kyle B. Cook Ward 2 Position 2 — Nancy Allen Ward 3 Position I — Robert K. Rhoads Ward 3 Position 2 — Robert Ferrell Ward 4 Position I —,Shirley Lucas Ward 4 Position 2—Lioneld Jordan A meeting of the Fayetteville City Council was held on July 3, 2007 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Coody called the meeting to order. PRESENT: Alderman Gray, Thiel, Cook, Allen, Rhoads, Ferrell, Lucas, Jordan, Mayor Coody, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Alderman Rhoads was absent until 6:15 PM. Pledge of Allegiance Mayor Coody: Fayetteville received a national award on sustainability and they picked our trails program to highlight. I asked Matt Mihalevich our Trails Coordinator to put together a success story on our trails. One thing we learned in a retreat that we did a couple of years ago was that in Fayetteville we don't celebrate our successes as much as we should and our trails system is a big success here in town. I want to let Matt give a presentation on the trails program we have here and a timeline that we could not have done without three things coming into play all at one time. This will pinpoint how it takes the public support, City Council support and administrative support to make any program flourish. When all three of those things come together the sky is the limit. Matt Mihalevich, Trails Coordinator gave a presentation on the trails program. Mayor Coody: Matt prepared a history here for those of you that have an interest in this that goes into more detail about people who have been on the Sidewalk and Trails Committee over time and more events. It's really interesting. If you have an interest to go back and look and see where we've started and how far we've come please get one of these. The reason that Fayetteville got this award, there are bigger towns with bigger budgets with bigger trail 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) acces sfayettevi l l e. org .. _......... City Council Meeting Minutes July 3, 2007 Page 2 of 25 programs, but the U.S. Conference and Wal-Mart wanted to show other cities our size that if we can do a trails program like this, they can too. Mayor Coody gave responses they have received from other cities all over the U.S. He stated Fayetteville has a lot to be proud of and none of this could have happened without public support. and City Council support. I want to thank and congratulate everyone in Fayetteville for all the work that has gone into this. CONSENT: There were no items to consider. Mayor Coody: Lioneld wants to add an ordinance. City Attorney Kit Williams: The rules need to be suspended and have this placed on the agenda. The following item was added to the agenda at the City Council meeting. Alderman Jordan moved to add the Legacy Pointe Phase 5 Preliminary Plat Extension to the agenda. Alderman Lucas seconded the motion. Upon roll call the motion passed 7-0. Alderman Rhoads was absent during the vote. Legacy Pointe Phase 5 Preliminary Plat Extension: An ordinance to waive the one year expiration of the preliminary plat approved for Legacy Pointe Phase 5 and to grant a one year extension. City Attorney Kit Williams read the ordinance. Alderman Jordan: It's just a situation where he was waiting on the lift station and the decision on where it was going to be. So he waited on the city so he wouldn't hurry the thing along. Mayor Coody: So this was the City of Farmington and Fayetteville's joint lift station? Alderman Jordan: Yes. Alderman Lucas: It was Fayetteville's lift station. City Attorney Kit Williams: Basically if we didn't do this they . would have to go back to square one and the project has already been approved through the whole process and -it doesn't make any sense to have them go through it again. Alderman Jordan: It was brought up at the Ward 4 Meeting a week ago and Shirley and I were going to bring this forward. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevil le.org ;r- City Council Meeting Minutes July 3, 2007 Page 3 of 25 ) Alderman Jordan moved to suspend the rules and go to the second reading. Alderman Lucas seconded the motion. Upon roll call the motionassed 7-0. Al absent during the vote. p Alderman Rhoads was City Attorney Kit Williams read the ordinance. Alderman Jordan moved to suspend the rules and go to the third and final reading. Alderman Lucas seconded the motion. Upon roll call the motion passed 7-0. Alderman Rhoads was absent during the vote. City Attorney Kit Williams read the ordinance.. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman Rhoads was absent during the vote. Ordinance 5030 as Recorded in the Office of the City Clerk Alderman Ferrell: I would like to ask that we table New Business Item #2 which is dealing with Highway 265. This is the eve of a holiday and several of the citizens are not able to be here that would like to speak. Secondly I have asked through the proper channels for an Attorney General opinion regarding question #3 on our special election for transportation and trails. You may read the attached question that was sent to the Attorney General. Some citizens thought they were voting for the $65,900,000 improvement for streets and that the $2,100,000 which is on a subsequent ballot question, there might have been some confusion there. I asked our City Attorney to opine. Alderman Ferrell read the letter from the City Attorney. He stated it is going to take a couple of weeks to get an Attorney General opinion and I would ask that we table this for the two reasons that I have cited. Mayor Coody: Alright, so you are asking this to be tabled. Do you want to do this now and move this up on the agenda or do you want to wait until this is on the agenda and it comes up on its own? Alderman Ferrell: Well, I would like to try and do it now because it would save some people - time if it is tabled rather than having them sit around. Mayor Coody: It would take a motion and a second to table this. City Attorney Kit Williams: Mr. Mayor, first you would have to suspend the rules and change the agenda around. Usually what happens on the Planning Commission, if an item is going to be tabled, the Planning Commission always gives the opportunity for anyone that is already here that came down to speak on it to go ahead and speak before they table it so that if people have come they wouldn't have come for no reason. Alderman Thiel: Let's just go ahead and do item #1. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) acces sfay ettevi l l e. org City Council Meeting Minutes July 3, 2007 Page 4 of 25 Mayor Coody: I don't think this is going to be a long agenda until we get down to this item. UNFINISHED BUSINESS: R-PZD 07-2551 (Champions Club Condos): An ordinance establishing a Residential Planned Zoning District titled R-PZD 07-2551, Champions Club Condos, located at the southwest corner of Razorback Road and 15`h Street, east of the Crowne Apartments; containing approximately 4.42 acres; amending the Official Zoning Map of the City of Fayetteville; and adopting the Associated Master Development Plan. This ordinance was Left on the Second Reading at the June 19, 2007 City Council meeting. Alderman Jordan moved to suspend the rules and go to the third and fmal reading. Alderman Lucas seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Thiel: I got an email from someone this afternoon that wanted to know if there are any wetlands and have they gone through the determination process. Ron Petrie, City Engineer: It is our standard procedure that the engineer of record has to certify if there are or aren't any wetlands and that has to be processed before we issue the grading plan. Specifically on this site I don't know the answer. Alderman Thiel: This is just approving the PZD and then they would still have to go through all of administrative review and stormwater. Ron Petrie: If you could email that to me I would be glad to check on it and give you a specific answer that you can forward to the appropriate person. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5031 as Recorded in the Office of the City Clerk. . Amend Chapter 161: Zoning Regulations: An ordinance amending Title XV: Unified Development Ordinance of the Code of Fayetteville to amend Chapter 161: Zoning Regulations in order to clarify language regulating the height stepback of buildings located in the Main Street Center Zoning District. This ordinance was Left on the Second Reading at the June 19, 2007 City Council meeting. Alderman Cook moved to table the ordinance to the July 17, 2007 City Council meeting. Alderman Allen seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevill e.org City Council Meeting Minutes July 3, 2007 Page 5 of 25 This ordinance was Left on the Second Reading and Tabled to the July 175, 2007 City Council meeting. PUBLIC HEARINGS: Mayor Coody Opened the Public Hearing Hotel Executive Transportation: A resolution granting a Certificate of Public Convenience and Necessity to Hotel Executive Transportation, LLC for the operation of five (5) to fifteen (15) limousines in the City of Fayetteville, Arkansas: Captain William Brown: I have the applicant's application and I believe they have everything that the ordinance requires. Mayor Coody: They meet all the criteria obviously. Captain Brown: Yes sir. Alderman Thiel: We are depending on you to make sure that this is going to work out. When Alderman Reynolds was on the Council he pretty much kept up with the taxi cab situation. Alderman Cook: The necessity part of our ordinance is going to be basically dictated by the market. Captain Brown: That would be up to you all. I was asked the question of how many were needed and I think that the market will dictate how many cabs and or limos are needed in the area. Alderman Ferrell: Kit what is the certificate of convenience and necessity, does necessity have to be proven or what's the deal on that. City Attorney Kit Williams: It just has to be proven to your satisfaction. If it is not proven to your satisfaction, and I have seen the Council not approve one of these a long time ago when there were several cab companies in town. Then the existing cab companies came before the City Council and said we can barely make it with what we have, don't split up the market anymore and that is not exactly the case here. It is up to your judgment whether or not we need this. Alderman Cook moved to approve the resolution. Alderman Thiel seconded the motion. Upon roll call the motion passed unanimously. Resolution 120-07 as Recorded in the office of the City Clerk. Mayor Coody Closed the Public Hearing. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi l l e. org City Council Meeting Minutes July 3, 2007 Page 6 of 25 Mayor Coody Opened the Public Hearing NWA Taxi: A resolution granting a Certificate of Public Convenience and Necessity to NWA Taxi, LLC the operation of five (5) to fifteen (15) taxicabs in the City of Fayetteville, Arkansas. Alderman Cook moved to approve the resolution. Alderman Jordan seconded the motion. Upon roll call the motion passed unanimously. Resolution 121-07 as Recorded in the office of the City Clerk. Mayor Coody: I will close this public hearing with the comment that we have come a long way on our taxicab system in the last six years haven't we. It's a lot better. Mayor Coody Closed the Public Hearing. NEW BUSINESS: Fayetteville Municipal Property Owners' Improvement District No. 19 - Oakbrooke, Phase 1: An ordinance to establish and lay off Fayetteville Municipal Property Owners' Improvement District No. 19- Oakbrooke, Phase 1 Subdivision Infrastructure Project. City Attorney Kit Williams read the ordinance. Alderman Jordan: Jim, this does not have anything to do with what we have going on at Oakbrook with the rezoning and sizes of the house. A lot of people have called and asked and wanted to make sure that this doesn't have anything to do with that. Attorney Jim McCord: No it is just a financing alternative to pay for the infrastructure. The only issue presented by this petition is whether it is signed by all the property owners and an abstractor's certificate has been filed certifying to that fact. Alderman Jordan moved to suspend the rules and go to the second reading. Alderman Lucas seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Jordan moved to suspend the rules and go to the third and final reading. Alderman Lucas seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes July 3, 2007 Page 7 of 25 Ordinance 5032 as Recorded in the Office of the City Clerk. Reaffirm the City of Fayetteville's Adopted Policy — Highway 265: A resolution to reaffirm the City of Fayetteville's request that Highway 265 north of Mission Boulevard be constructed as a boulevard with bike lanes. Mayor Coody: This has been a hot item for some time. Basically the Highway Department has provided two options. H1 is a divided median with a grassy strip in the middle with bike lanes. H2 is a continuous turn lane paved all the way from south to north also containing bike lanes. So the two options are essentially the same except for the median, the divided highway median. There is a lot of controversy, a lot of folks don't want the median, they. want the continuous turn lane, other people don't want the bike lanes and other people want both the bike lanes andthe divided median for safety and other reasons. Right now I would like to invite Mr. Ferrell :to continue with this conversation. Alderman Ferrell: I move to table. My concern is in the letter there is the inclusion of the expense for the bike lanes on a ballot issue that does not mention bike lanes and the possible confusion between two ballot measures that citizens might have felt like the second ballot measure dealing with alternative transportation could have caused some confusion. A lot of citizens that would like to be here tonight are on vacation or getaways and have asked if we could put this of. So I would move to table to the next meeting. Alderman Ferrell moved to table the resolution to the July 17, 2007 City Council meeting. Alderman Rhoads seconded the motion. Alderman Cook: When we went through the whole process of building up to the vote itself, did we not have cross sections showing the bike lanes and -six foot sidewalks? We showed those to the public and they understood that that was what we were looking to build, is that correct? Ron Petrie: That is correct. All of them had specific cross sections. We showed the wide outer lanes for the bike traffic. For Crossover Road we had no specific detail, but we did call it a principle arterial which is the boulevard. Alderman Allen: I just wanted to ask Alderman Ferrell if he thought it would be of any help to read this aloud so the folks that are here would understand exactly what itis that you are doing. Alderman Thiel: This is just the ballot. Alderman Ferrell: Part of it but not all. Ron when you said that it was shown that'it was a boulevard, were the bike lanes included in that or was it just stated that it was a boulevard? Ron Petrie: It was only stated as a principal arterial. The Master Street Plan shows the cross section. It does not specify lanes in our Master Street Plan. J Alderman Ferrell read the letter that was submitted to the Attorney General. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes July 3, 2007 Page 8 of 25 Mayor Coody: Kit, since you wrote an opinion on this, do you mind sharing that with us? City Attorney Kit Williams: Bobby asked me a couple of weeks ago whether or not it was proper for the city to use funds: from the $65 million street bond program for bicycle lanes. I pointed out and opined that bicycles -have a right to use streets. They have a legal right just like cars do to use the street, they are part of the street and if we designate a specific place for them in the street that doesn't mean they are still not a part of the street. I would also opine that we could not use any of the $2.1 million that is set for. the trail system in the streets for bicycle lanes because that is part of the street and not bicycle lanes. I thought it would be, much more conservative and clear if we made it a clear question for the voters and therefore we divided the trail system which is not part of the street system, these are separate trails and cars don't get on them, they are for bicycling or walking. They are separated from the streets they are not part of the streets per se so that can be financed with the $2.1 million part of Question 4. Everything within a street in my opinion can be used by the street bond program. Just because something.is designated a bicycle lane doesn't mean it is no longer part of the street in my opinion. The only problem I have with this question, I would not say that bicycle lanes would ever be referred to as bicycle trails or paths. A trail or a path is something generally means something separate, away from the street and not something that is between the curbs of the street. I believe what we have been doing is legal; by using the street bond proceeds to build a street whether or not it has bicycle lanes. Alderman Cook: That was one of my comments I wrote here and Kit covered that. The $2.1 million in my opinion is specifically tied to our Trails Master Plan. The other transportation money is for streets and as our street cross sections show, bike :lanes are included in that. I would agree with Kit's comment on that. Alderman Thiel: I think there is some confusion that if the bike lanes were eliminated it would save us money and that is not the case. The City Council adopted a resolution saying that we would partner with this project and that was long before the bond issuance. We are committed to a maximum of $7.7.million and that's it. Whatever else the highway costs will be bared by the State. It will not save us one way or the other if we put in boulevards, or have the extra width for the bike lanes. I. have to ask Bobby if he thinks we could get an Attorney General opinion in two weeks. Alderman Ferrell: I don't know. I have been told two to four weeks City Attorney Kit Williams: My experience is that it generally takes a good deal longer than that. Normally it would take at least four to six weeks before you can expect anything back. Part of it is their case load and how many questions.have been asked and I don't know, what their back log is right:now. Alderman Ferrell: I would say that bicyclist do ride on trails today, the reason we went to two ballots is because there was an opinion by the bonding attorneys in Little Rock that we would we have to separate it into two bonds. The main question that I am seeking to have answered is, since it is not included in the language is it legal? The other question about the trails that is 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville. org City Council Meeting Minutes July 3, 2007 Page 9 of 25 something that there could be some confusion on, but that is not the thrust. The main thrust is there is no mention of using public funds for bicycle trails. Not only bicycle trails but eight feet of right of way for I don't know how long through the very expensive part of town. You keep talking about the funds, those state tax dollars are our dollars just like city tax dollars are our dollars. City Attorney Kit Williams: I will say that the bond attorney in Little Rock did agree with me when I indicated that I thought it should be divided into two questions. Gordon Wilburn who is our bond counsel, despite some opposition from the City Council insisted that it be divided into two questions. Mayor Coody: The metropolitan planning organization, Regional Planning has submitted their request to the State to maintain the H1 design which is the divided highway with the bicycle lanes. Part of Highway 265 will have bike lanes regardless of what we do, north of Zion Road because that is part of the Heritage Trail System, and if they are using federal money they are required to put bicycle lanes on these parts of highways that parallel to Heritage Trail. It will continue through Springdale on up north all the way through town. I guess the question is does the City Council want to table this discussion on Highway 265 that also includes awaiting for return opinion of the Attorney General. Alderman Rhoads: The Street Committee is made up of who? Alderman Jordan: I am the Chairman of the Street Committee. Hl passed the Street Committee 3-1. Alderman Rhoads: There was a lot of public comment? Alderman Jordan: There was a lot of public comment on the issue. I think it really boiled down to following the 2025 Plan and our street design. Alderman Ferrell brought up some good points and there was a neighborhood that spoke against it but at the end of the day the Street Committee voted to support it 3-1. We had Wedington and Highway 265 that night and it was quite an evening. It was about four or five hours and there was a lot of discussion on it. Mayor Coody: As far as the public comment goes that went to the State, there was over 400 people that supported the H I design, 190 wanted H2. Alderman Jordan: If I remember correctly not all the votes had been tallied at that time. Mayor Coody: No, they cut it off after that. From the public comment period to the Highway Department it was 2 %2 to 1. Ron Petrie: The numbers that the Highway Department presented is 350 people supported the median, 190 supported the center turn lane, then they had 190 support bike lanes, 15 opposed bike lanes. That is what they stated at the meeting. Mayor Coody: Well it is safe to say it was overwhelmingly supportive of Hl and bike lanes. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi l l e. org City Council Meeting Minutes July 3, 2007 Page 10 of 25 Alderman Rhoads: Who will make the final decision on how this will be laid out? Ron Petrie: The decision will be the Highway Department. They will make the final decision no matter what resolution we send to them. I think they will certainly take our resolution in consideration especially since we are paying $7.7 million but ultimately it is their decision fully.. Alderman Rhoads: Do we have any sort of experience with this procedure and by that I mean if a City Council in Arkansas passes a resolution does the State Highway Department follow it 90% of the time or 10% of the time or do we know? Ron Petrie: I don't think we know. There is probably not enough cities in Arkansas that have agreed to spend $7.7 million on a State Highway so I am not sure that there is anything to compare it to. Alderman Rhoads: Do we have a sense from talking to the decision makers with the Highway Department how much stock they will put in this City Council's resolution? Ron Petrie: I do not know the answer to that question. Mayor Coody: All I know is that the Highway Department wants a resolution from the City Council determining what it is that we want because they want to hear from us since we are partnering on this with such a financial load. I think they do want our input on this. Alderman Thiel: They were there at the Street Committee, their representatives. It seemed to me like they certainly were weighing the amount of comments they had. That coupled with a resolution from this Council supporting what a majority of the citizens had said they wanted. They acted like it would make a difference. Alderman Rhoads: I second Mr. Ferrell's motion for three reasons. I wanted to hear the discussion from Kit and the dialogue regarding the Attorney General's opinion as well as whether or not there has been a lot of public comment or not very much. Also I will second it because I like Bobby. Unfortunately I will vote against it and vote not to table it. Alderman Ferrell: Robert, I don't think you were at the Street Committee meeting but on Highway 16 West, you asked how much credence they put in what local government does. The State Highway Department was going to build a five lane highway. They had a public meeting and told all the citizens. Through city government they changed that plan to go to four lanes. So I would say before we even get to city government, that city administration drives the policy pretty hard with the State Highway Department. Mayor Coody: I would say that if we had wanted a plan that would cost them more money, they wouldn't have done it. The plan we suggested saved them money and I think that is why they were all over it. Alderman Jordan: There are three issues that were running this thing. The Elks Club, the funeral home and Candlewood. Those are where we heard a majority of the complaints I 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevill e.org City Council Meeting Minutes July 3, 2007 Page I I of 25 believe. On the other hand there were folks that were in support of it. There was a pretty good mix. We talked about being able to tweak the plan a little bit for the Elks Club, the funeral home and the jury was kind of out on how Candlewood was going to go. That is what we basically recommended to the State. Is that the clear statement of the Street Committee? Alderman Thiel: Uh huh. Mayor Coody: Once the Highway Department settles on a plan, if they pick Hl, that is when they are going to get down to brass tax on tweaking the design. We have made it clear that we would like for them to do what they can to minimize the impact of the entrance of Candlewood. We want them to add another cut through and appropriate turning situation there at east Zion which would take care of both the Elks and Nelson Berna and it would allow convenient traffic flow at Zion Road and there are a couple of odds and ends in there that we would talk about. They want to know what changes we would like to see mostly after they pick a plan. Alderman Jordan: But they are just wanting us to make a decision and then they will start tweaking the plan. Alderman Cook: I don't have a problem if we table it for two weeks for public comment because I don't have an issue with more public commenting but I don't want to wait on an Attorney General's opinion because we have no earthly idea when that will come forward. Alderman Ferrell: I asked for two weeks, I didn't ask you to wait. Alderman Jordan: I believe Alderman Ferrell is being fair with this and if we go two weeks and we don't have an Attorney General's opinion then we vote. Alderman Thiel: I would hope that if we vote to table this that we follow the City Attorney's suggestion that we follow the Planning Commissions rules and let the public that is here to talk about this go ahead and speak. Mayor Coody: We have all been getting a lot of feedback on both sides of the issue and I don't know that tabling it is going to change the public or the City Council's perception on which way we need to go. We could drag this thing out forever and keep taking public input but I bet at the end of the day we are where we are going to be two weeks or a month from now. I would just assume go ahead and vote on tabling this and go ahead and get this done. Alderman Lucas: We have had a tremendous amount of public comment. I think we could rely on our City Attorney's opinion and not table this. Alderman Jordan: Kit, if we don't table this tonight and the Attorney General comes back different than what we recommend, that is just the opinion of the Attorney General is that correct? j City Attorney Kit Williams: That is true, I don't like to disagree with the Attorney General, however that would always give you a chance in the future if a different issue came back that 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevil le. org City Council Meeting Minutes July 3, 2007 Page 12 of 25 you could look back at what you were doing financing wise. We agreed to finance this long before the bond issue. So you can cross that bridge when you come to it if you think there is a big problem. I really don't think the Attorney General is going to come back if he looks at the bond issue very carefully, I am not overly concerned about what the Attorney General is going to say. It is pretty clear that everything between the curbs is a part of the street and I can't imagine that he would say that is not part of the street. Upon roll call the motion to table failed 1-7. Alderman Ferrell voting yes. The motion to Table Failed. Ron Petrie gave a brief presentation and displayed the H1 design. He also displayed the H2 design and pointed out the differences between the designs. Alderman Ferrell: I asked Ron at the last meeting if he could try to give us an idea of the cost and number of people it would take to maintain this median and the recurring cost on an annual basis. I would also like to know from the Fire Chief if medians have any affect on response to getting to an emergency with a fire truck. Jeff Coles, Parks Maintenance Superintendent: Based on the extent of the length of this proposed raised median and the calculations that we have made, the estimated annual cost will be $9,000 to $10,000 for routine maintenance as we would treat a park. Its equivalent to 7 '/2 acres so that includes capturing costs for personnel, vehicle and equipment. That is based on a fairly high visitation rate which might be a little bit higher than the typical of 30 visits annually. Alderman Ferrell: Does that include mowing the 30 visits? Jeff Coles: Yes. It would probably be 26-30 visits. That is maintaining it at a fairly high service level. We have six service levels of park maintenance and it would be one of those higher levels, a level one or two service level. Alderman Ferrell: Is the median on Steele Boulevard, is that private or public? - Mayor Coody: That is private. If it was highly maintained like a park, but if we were to put in some low maintenance landscaping, would you go out there as often as you would on a high maintenance? Jeff Coles: No sir, we would not. There have been a number of elements and advanced ideas to that end. Hopefully we would be able to do that and we would. be able to incorporate those elements in order to reduce that necessity of a higher visitation rate. Fire Chief Tony Johnson: Alderman Ferrell in answer to your question, I have not experienced a problem where a median would impede our travel to an emergency or response time. In fire and emergency services we are placing more emphasis on arriving safely and cutting down on the road speed. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) acces sfayettevi ll e. org City Council Meeting Minutes July 3, 2007 Page 13 of 25 Alderman Ferrell: So if you were responding to a home fire a mile off the road and you are L going down the median road coming one way and you have to go further to turn around to get to it because you don't have access to come from another direction, that wouldn't have any impact on the response time? Chief Johnson: We are confronted with that all the time whether it be traffic or a median. There have been instances where I don't recommend it but if need be we would drive across the median if necessary. Mayor Coody: If there was a 40% less chance of an accident with a divided highway, you would be called out less often. Chief Johnson: Yes that's one of the things I am looking at, but the number two killer of firefighters is traffic accidents. So if it is a move towards safety then I am all for that. I am for traffic calming devices and for safety devices. Mayor Coody: We'll have the public come forward and express your opinion on whether we should do a divided median or the continuous turn lane and your opinions on bike lanes. - Corey Osborn, resident of 2740 N. Candlewood Drive: What I am concerned most about is the context of this project and will those bike lanes receive ridership and are they safe. I struggle with the rationale behind bike paths and divided medians running through a residential corridor. Is this to move traffic or is it to create alternative transportation routes? If this is to move traffic then let's move traffic and find a safer route for bicycles and pedestrians. Mr. Osborn expressed his concerns about the project. He stated I am not asking you to oppose this, I just think we can do better. Alderman Lucas: Did I understand you that you didn't care for the way the road was built south of Mission? Corey Osborn: Correct. Alderman Lucas: And you don't want medians? Corey Osborn: I want medians to the extent they are maintained and that they don't sacrifice mature landscape to the sides. It seems nonsensible to me to replace green areas that are currently being maintained primarily by POA's and private residence and stick that green space in between a divided highway essentially. Alderman Lucas: But you don't want the highway the way it is south of Mission? Corey Osborn: I want an environment that controls speed. I am very concerned that if the lane width is increased that speeds will increase. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi l l e. org City Council Meeting Minutes July 3, 2007 Page 14 of 25 Mayor Coody: One of the problems we have is 265 South of 45. There are four very wide= lanes, no bike lanes and the sidewalks are right up against the travel lanes. People do speed because the lanes are wide, there is a fifth turn lane through a lot of it and there is this huge expanse of concrete. The more concrete expanse you have the faster you want to drive. You get to a certain point where we change the design and we go to 11 foot lanes instead of 12 foot and the sidewalks are further off the road and we have trees planted along there, psychologically it is a different world and it does psychologically slow down traffic. We don't want to replicate 265 south of 45. Corey Osborn: I agree Mr. Mayor. Psychologically we have to anticipate as best we can motorist's reaction. I am concerned about the reduction in lane width and the addition of the curbed median. It will make it more difficult for motorist to evade pedestrians. The important thing to remember as we approach this, we have to go in with a delicate approach to the existing environment. I know we will all win as a result of that. Laura Kelly, a resident gave statistics regarding bicyclists. She stated I think designating the roadways for fast traffic only is a very backwards notion considering the statistics saying that there is a lot of people that want to be on their bike, they are just scared. If a bike lane makes them feel safer then I have a lot of respect for a biker. She went on to discuss the increase in property values. She stated I hope that you will give us a chance to earn your respect. Alderman Ferrell: Obviously you are very informed about bicycles; would you feel comfortable riding in a bike lane with 50 to60 miles per hour traffic? Laura Kelly: I've shown up for metropolitan planning organization meetings in Springdale on my bicycle. I ride 265 the whole way. I feel very safe. There is plenty of room to pass me. I have been treated very well by motorists on busy roads. Alderman Ferrell: Do you just ride on the shoulder. Laura Kelly: I ride as far right as is safe and practical because that is what the vehicle code says. If I am on a narrow two lane and there is not a center turn lane and it is difficult for cars to pass then the motor vehicle code mandates that if five cars pile up behind me then I am required to get off the roadway and let them pass. I never let five cars pile up because I'm not that rude. It works. Bruce Dunn, a citizen asked all those in favor of bikes lanes and paths to please stand. Members of the audience stood. Mayor Coody: To be fair, all those opposed to bike lanes that are here? Bruce Dunn gave a brief description his involvement with bicyclist. He stated obviously I am for bike lanes. I would like to step back and look at the bigger picture. I just wanted to show t you the support that is out there and it is not just cyclists. A lot of these are racers and they are going to ride on the roads no matter what. We need to make a good decision on offering our 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes July 3, 2007 Page 15 of 25 i, citizens an alternative way to transportation. He stated I want to commend you on what you have done on the fast track of the Council for the trails system. It has increased our lifestyle and I want to thank you for that. Wade Colwell spoke in favor of the bike lanes. He stated all of us that have ever ridden a bike have also wished that we had a safer place to ride and that is why I think the bike lanes are good. Brad Fierke, a resident of 931 N. Hyland spoke in favor of more greenspace and bike lanes. He stated teaching the kid's safety and having more bike lanes would be great. Having more bike lanes is just going to help us. Sam Lafoy, a resident of the Wilson Park area stated a safe dedicated north south bike lane, all the way to Springdale and beyond, would be extremely helpful for the laborers and workers as well. Isabelle Soxin, a citizen stated I ride my bike everyday on 265 and I feel it is not safe but I must ride my bike to get to where I need to go. I feel that bike trails in this area and other areas are very necessary for those who need to ride their bikes. Shaun Colwell, a citizen stated I challenge you to follow our plans that you have led us too. We like them and want them. It will never be any cheaper to build them than now. Let's put our actions where our words are and go for it. i Mayor Coody: Shirley has to leave at 8:30 PM this evening and I know that she wants to be here for this vote so I would like to expedite everyone as best we can so that everybody who really feels compelled to speak can and if you just agree, raise your hand and wave. Jerry Biel: I just want to make sure that we are clear that there is a difference between commuter biking and recreation. I recreate on the weekends and on the paths but I have to use the roads and bike lanes to get to work or the grocery store. He went on to speak in favor of the bike lanes. Erica McCourt, a resident of Copper Creek: Our neighborhood is directly affected by this and will make a huge difference to me as a cyclist. This would allow us to get extra miles in and take advantage of the time after hours. I appreciate that you are even considering making this available. She also thanked the Council for the measures they are taking to improve the quality of life in Fayetteville. Mayor Coody: Redmond advertised itself as the bicycle capital of the world. Erica McCourt: yes, it's amazing if you have not been to one of these cities I highly encourage You to go check it out. There are bicycle lanes on every single road, not just in one stretch. It's a great environment and it only encourages people to use bikes more because they have the ability to use them. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) acces sfayettevi l l e. org City Council Meeting Minutes July 3, 2007 Page 16 of 25 Joel McCourt, a citizen: I am on Highway 265 everyday, it's scary but I am going to get on the roads regardless so the bike lanes are not necessarily for me. What I see is_with motorists being on the roads everyday with bike lanes, that alone is going to raise motorists awareness of cycling and the more we do that around the town, the more awareness there is going to be for when they are on roads that do not have bike lanes. I think we are enhancing the lives for people who are new cyclists. Dusty Woodson, a citizen asked about the setup with the turn lanes with the center median. He asked what the distance was entering the turn lane to turn left and then actually making that turn. Ron Petrie: I would be glad to get you that information. Dusty Woodson: That was kind of in reference to a point that I wanted to make. If you look really closely at my lip you can see a scar and that is because of a center turn lane that is currently on Highway 265. He described the accident. He stated putting in the median with the immediate turn lanes would help to slow the traffic down and secondly it will get rid of the people in the center turn lane causing those accidents. Millie Hogue a citizen stated I am 14 years old and I use my bike everyday to get to where I need to go. She asked the Council not to take the bike lanes away. Keith Stewart, a citizen stated I ride to stay healthy. He expressed his concerns about not being able to ride his bike. He stated I think there are a lot of people out there with gas prices soaring that would ride back and forth to work. Pete Heinzelmann, a citizen congratulated Fayetteville for all the awards that we have received on the trails and for all the effort that has been put forth to create the trails. He went on to speak in favor of a shoulder, bike lane and a median. Paul Leblanc, a resident of 2842 Stanton Avenue stated people can be taught to safely cycle on the roads. He stated I think that you are providing a safe environment for us. I want to work with Laura Kelly to educate our citizens on how to ride safely. John Nooncaster, a resident of 2655 Wakefield stated I think everyone would agree that Crossover is broken and it needs to be fixed. He asked why don't we ask the State to make some tweaks to the plan and come back with a plan that the city can okay. He went on to express his concerns with the current plans that are being proposed. Mayor Coody: One of the things that we asked the Highway to consider if they choose Hl is to put that break at east Zion. John Nooncaster: One of the reasons the resolution says we should adopt this tonight is because that is what the Master Street Plan says. We have the Master Street.Plan that says Zion is a collector and Albright is a minor collector but we do not provide access for those two things. Ask the State, this is our Street Plan, can you accommodate that? Then come back and let's have the discussion on that. I don't think there is an answer today. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes July 3, 2007 Page 17 of 25 Alderman Ferrell: On Hearthstone, it looks like we are going to be able to provide them some relief but if we don't this room will be packed. Mayor, after the Highway Department goes back and looks at these things aren't we going to have some kind of another venue to look at what their proposals are to take care of our problems. John Nooneaster: I spoke with a representative of the State Highway Department and I asked if there was anything planned as far as citizen input after the City Council and he said there is nothing planned. Alderman Ferrell: The City Engineer and the- Highway Department were trying to work to address some of the things that you brought out tonight. John Nooneaster: Well let's address that before we have this resolution. Alderman Ferrell: I would like to but it doesn't look like that is going to happen. So what I am saying is when it comes back from the Highway Department and the City Engineer trying to resolve these things, I think we will have a chance to say this is what we are going to do. My understanding is all we are doing is letting them know which way we are headed. Mayor Coody: If we decide Hl, then they have a gameplan to go through and look at. They can't design all the tweaks and designs on Hl and then we decide to go with H2. That is why they want us to say which one we want to go with and that is when we get down to brass tax and the details. John Nooneaster: Does the State have the rules and guidelines of where they can have crossovers? If this is going to help us with safety, I think we should do it down where the neighborhood is and let's block some accesses. If it is improved without bike lanes it is still going to be legal for people to bike on the road. I already use my bike on the road. There has been some discussion about how many people will be using the bike lanes if they are constructed that way. I think a lot of people will, but even if they're not I know people who will still be biking on the road. Mayor Coody: I would like to thank everyone for speaking tonight. There may be more who would like to speak but I bet no new ground would be plowed. I would like to close it for public comment and bring it back to a discussion by the City Council. Alderman Ferrell: All I have to say is I have listened to everybody and I understand that there are a lot of people that love bicycling, I think it is great and great for people's health, I personally have great trepidation about people riding adjacent to 60 mph automobiles. The thing that bothers me is we have a great deal of neighborhoods along this way.The juveniles I would hate to see them get out there. Obviously people have spoke, I won't support it. Mr. Hawkins with the Metropolitan Planning Organization who is Regional Planning stated your Engineering staff has done a good job in pointing out the relevant safety studies that have been done. We did comment to the Highway Department and our comment was that we 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) acces sfay ettevi lle. org City Council Meeting Minutes July 3, 2007 Page 18 of 25 preferred, based on safety, the facilitation of traffic as well as safety for bicyclist. The H1 alternative is the recommendation that we said that we preferred. The Heritage Trail Plan is required to do that part from Zion Road north with bike lanes. My information is that the Highway Department will in fact have a design public hearing but they do have to get farther along with design of a preferred alternate. Mayor Coody: Since you are regional do you know Springdale's perspective? Mr. Hawkins: Yes sir, we asked Springdale that question, their staff indicated that their preferred alternate was H I as well. Alderman Ferrell: Thank you for your response in coming to see us. In reading the information that you sent us in talking about the preference for medians, boulevards, bike lanes, etc, can you tell me how many similar plans are there in Rogers and Bentonville? My understanding is in Springdale that it was a staff person that said they were planning to go with the median with the bike lanes. The staff person doesn't vote. I have visited with a voter and that was not their understanding, that that had been decided. Mr. Hawkins: I think Springdale had a clear understanding that that part in Springdale was on the Heritage Trail and it would be that way. Alderman Ferrell: Do you know of any plans for arterial streets in Bentonville, Rogers right now that plan to have the bike lanes? Mr. Hawkins: I don't know about the specific cross section. I think all the projects that the Highway Department is doing; they've indicated their commitment to follow the plan. Mayor Coody: After speaking with Mayor Jerry VanHoose Mayor of Springdale, he reiterated that they were going to recommend HI as well and he gave me permission to reiterate that tonight. Alderman Lucas: I wanted to be here to vote because in Fayetteville a lot of people rode bikes a number of years ago. But then there came a time when people were a little hesitant and our roads were not built for bicycles. I think it's good that we are finally recognizing that that is a form of transportation and providing a safe place for them to ride. I know most of them aren't happy because of changing their entry ways and everything, but unfortunately we didn't plan for bikes at that time and we should've. I think that is the future, having us prepare for bikes. Alderman Cook: Sidewalk and Trails Task Force met Wednesday and discussed this alternate H1 and we passed unanimously a resolution in support of that. Some of our points were the ideal time to build the bike lanes would be during the construction phase and not after improvements have been completed. Sidewalk and Trails was unanimously in favor of Hl. Alderman Thiel: Both H1 and H2 have bike lanes. Speaking from someone that represents the south portion of 265 that does not have bike lanes but it mainly does not have a boulevard. I want to point out how people in that section have said they really support the idea of a boulevard 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevil l e. org City Council Meeting Minutes July 3, 2007 Page 19 of 25 running all the way out of the north side because of the safety issue they have on the south side of Mission. We are really looking at the difference between the boulevard and the continuous turn lane. Based on what the people of Ward I have told me I strongly support alternate Hl. Alderman Jordan read statistics received from the Federal Highway Administration regarding the boulevards and the refuge islands that are in the middle of the highways. He stated having looked at this I don't ride a bike but I see the need for alternative transportation and some folks say it's not going to work but we are never going to know unless we try it so I am going to support it. Alderman Allen: This is certainly a commitment that the City has made. We are a forward looking city to be looking at an alternate transportation. It will be much cheaper to put it in now than it will later. A lot of people have complained that only a few people will be using it and that 1t seems pointless. To me, if you build the surface and the surface is there then people will ride. This is part of making us a healthier city too and adding to our quality of life so I am very much in support of this plan. Mayor Coody described how the City of Portland has created bike trails. Alderman Rhoads: Bobby and I are the Alderman for that Ward at that section of 265. I know a lot of the people that came to speak and then also I know a lot of the people that have emailed us that are in opposition of it so I am torn from that regard. I believe that if we are going to move to the next century then we have to do some things that may be a bit costly but in the long term it's better for everybody. I am not voting as a Ward 3 Alderman, I am voting for someone that represents all of Fayetteville. I think having bike lanes with the median is good for all of Fayetteville. Alderman Cook moved to approve the resolution with the H1 design. Alderman Gray seconded the motion. Upon roll call the resolution passed 7-2. Alderman Ferrell voting no. Resolution 122-07 as Recorded in the office of the City Clerk. Air Cleaning Technologies Bid Waiver: An ordinance waiving the requirements of formal competitive bidding and approving the purchase and installation of a Plymovant Vehicle Exhaust Removal System from Air Cleaning Technologies in the amount of $49,328.00 plus applicable taxes for Fire Station #3. City Attorney Kit Williams read the ordinance. Alderman Thiel moved to suspend the rules and go to the second reading. Alderman Ferrell seconded the motion. Upon roll call the motion passed 6-0. Alderman Lucas and Cook were absent during the vote. City Attorney Kit Williams read the ordinance. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi l l e, org City Council Meeting Minutes July 3, 2007 Page 20 of 25 Alderman Jordan moved to suspend the rules and go to the third and final reading. Alderman Thiel seconded the motion. Upon roll call the motion passed 6-0. Alderman _^ Lucas and Cook were absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Coody asked shall the ordinance pass. , Upon roll call the ordinance passed 6-0. Alderman Lucas and Cook were absent during the vote. Ordinance 5033 as Recorded in the Office of the City Clerk. United Engines Bid Waiver: An ordinance waiving the requirements of formal competitive bidding and approving the purchase of a Generac Back-up Power Generator from United Engines in the amount of $28,000.00 plus applicable taxes for Fire Station #3. City Attorney Kit Williams read the ordinance. Alderman Jordan moved to suspend the rules and go to the second reading. Alderman Gray seconded the; motion. Upon roll call the motion passed 6-0. Alderman Lucas and Cook were absent during the vote. City Attorney Kit Williams read the ordinance. Alderman Jordan moved to suspend the rules and go to the third and final reading. Alderman Ferrell seconded the motion. Upon roll call the motion passed 6-0. Alderman Lucas and Cook were absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Alderman Lucas and Cook were absent during the vote. Ordinance 5034 as Recorded in the Office of the City Clerk. RZN 07-2602 (ARMAC/Hopmann): An ordinance rezoning that property described in rezoning petition RZN 07-2602, for approximately 0.18 acres, located at 28 South University Avenue from NC, Neighborhood Conservation, to MSC, Main Street Center. City Attorney Kit Williams read the ordinance. Jeremy Pate, Director of Current Planning gave a brief description of.the ordinance. He stated Planning Commission voted 6-0 in favor of this request and staff recommends approval. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevil l e.org City Council Meeting Minutes July 3, 2007 Page 21 of 25 Alderman Jordan moved to suspend the rules and go to the second reading. Alderman Gray seconded the motion. Upon roll call the motion passed 6-0. Alderman Lucas and Cook were absent during the vote. City Attorney Kit Williams read the ordinance. Alderman Jordan moved to suspend the rules and go to the third and final reading. Alderman Thiel seconded the motion. Upon roll call the motion passed 6-0. Alderman Lucas and Cook were absent during the vote. City Attorney Kit Williams read the ordinance.• Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance, passed 6-0. Alderman Lucas and Cook were absent during the vote. Ordinance 5035 as Recorded in the Office of the City ClerL VAC 07-2600 (Joyce Business Park): An ordinance approving VAC 07-2600 submitted by Steve Clark for property located at 2474 East Joyce Boulevard to vacate a portion of a utility easement within the subject property, a total of 0.023 acres. City Attorney Kit Williams read the ordinance. Alderman Thiel: When were these built, is this another issue of something being built after? Jeremy Pate: I'm not sure exactly. It was approved in 2001 for the four office buildings as a large scale development. Evidently based on our research the utility companies requested a utility easement. It was granted and then they changed their utility pians and so it was never vacated at that time. All the utilities run in different utility easements to service the structures and the surrounding properties. Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman Thiel seconded the motion. Upon roll call the motion passed 6-0. Alderman Lucas and Cook were absent during the vote. City Attorney Kit Williams read the ordinance. Alderman Ferrell moved to suspend the rules and go to the third and final reading. Alderman Jordan seconded the motion. Upon roll call the motion passed 6-0. Alderman Lucas and Cook were absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Coody: It's less than 1/40 of an acre. It's only about 450 square feet. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville. org . City Attorney Kit Williams: It's about. Mayor Coody asked shall the ordinance pass. Upon Alderman Lucas and Cook were absent during the vote. City Council Meeting Minutes July 3, 2007 Page 22 of 25 roll call the ordinance passed 6-0. Ordinance 5036 as Recorded in the Office of the City Clerk. Amend Chapter 161: Zoning Districts: An ordinance amending Title XV: Unified Development Code of the Code of Fayetteville to amend Chapter 161: Zoning Districts in order to consider specific areas that are currently zoned Downtown General a Commercial Zoning District for the purposes of the noise ordinance. Alderman Allen: Alderman Cook and I would like to table this and wait until we have had an opportunity to meet with the neighbors along with staff. City Attorney Kit Williams: Maybe you should just put it on the first reading. Alderman Allen: That would be fine. City Attorney Kit Williams read the ordinance. Mayor Coody: Jeremy Pate when Tim Conklin would return. Jeremy Pate: He will be back by the next Agenda Session. Mayor Coody: Okay, so he will be here to discuss the depth of this. Jeremy Pate: Yes. City Attorney Kit Williams: People are here to speak. Mayor Coody: Yes, before we leave it on this reading we do want to take public input so please come forward. Sylvia Scarborough, a resident of 216 N. Locust Avenue: My property boundary is 50' from ground zero. It has been unbearable; there are lots of complaints from different neighbors. It is not just one neighbor complaining, we are all bothered. Mayor Coody: This is by the Smokehouse? Sylvia Scarborough: Yes, the garden patio. She expressed her concerns about the noise in this area. She stated it has been unbearable and embarrassing, if I have company and the band or D.J. starts up my guests look at me like what on earth is that. I can't sleep until the band quits and I can't even hear my own television in my bedroom with the air conditioner on and the windows 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevil l e. org City Council Meeting Minutes July 3, 2007 Page 23 of 25 ( closed. I had sprayed in foam insulation which is supposed to cut down on the noise. I love the music that comes off of Dickson Street but this is above and beY and reason Mayor Coody: Whoever thought they tried to get it tabled but couldn't, it takes the City Council to table things so from my understanding this is the first time it has been in front of the Council. This is the first opportunity to table it. Sylvia Scarborough: They were trying to get it off the agenda because we knew that everyone would be gone. Mayor Coody: It is left on the first reading which essentially puts it off for two weeks. So everyone can come back and have a conversation about it. Alderman Ferrell: When Mr. Sharp was there, did they have similar type events going on? Sylvia Scarborough: I don't know when Mr. Bourdeaux moved in there. Alderman Ferrell: Was music played when Mr. Sharp owned it. Sylvia Scarborough: I don't ever remember anything like this. Alderman Ferrell: Do you mean loud? Sylvia Scarborough: Yeah. Alderman Ferrell: How long have you lived there? Sylvia Scarborough: About 35 years. Julie Dora, representing the Dickson Street Neighborhood Association stated we are trying to get a meeting with Nancy, Kyle and Tim Conklin and those in the neighborhood could not be here tonight to learn more about this. None of us really understand what the impact could be and the problems are obviously currently happening. Julie Meisch, the catering manager of the Garden Room at the Ozark Mt. Smokehouse: I am speaking on behalf of Mr. Tom Bourdeaux who was unable to make the meeting tonight. Ms. Meisch read a statement from Mr. Bourdeaux. The statement pointed out that the Ozark Mt. Smokehouse has operated a catering venue including the garden on Dickson Street for the.last 25 years. He stated Dickson Street has been Fayetteville's entertainment center where bars and restaurants have played host to all sorts of noise making activities until November of last year when the Council passed the new zoning map, and our entire block was zoned C-3 Commercial Zone. He went on to describe the current noise ordinance. He stated that after the passage of this zoning map for reasons unrelated to noise some lots on our block along Locust Avenue were given a zoning for the purpose of a noise ordinance and were zoned residentially. This zoning requires noise level of no more than 55 decibels after 11:00 PM and 60 decibels during the day. 113 west Mountain 72701 (479) 521-7700 (479)575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes July 3, 2007 Page 24 of 25 Our problem is it is a simple matter of fairness. Until last November we could operate our business as we have always operated it, until that time there was no cry from our neighbors to alter the noise ordinance as it pertained to our business on Dickson Street. It seems strangely unfair to us that we must now plead for our ability to continue an operation after it was by all accounts inadvertently taken from us. He went on to address points of residents who were opposed to the ordinance and his feelings toward the unexpected ,zoning change. He pointed out how this has affected his business and stated we appreciate your swift resolution in this matter. Julie Meisch: Mr. Frank Sharp is still a part of our business at the Ozark Mt. Smokehouse. He left us last June of 2006 on semi -retirement. I have been a part of the business for the last five years. Our events have not changed in any way. Police Chief Greg Tabor: I can tell you that since 1998 we have had 22 noise complaints for the garden room. It does seem like there has been a significant increase in 2007 so out of the total 22 complaints, 7 of those have been in 2007. From the 200 block of North Locust, there have been a total of 34 noise complaints since 1998. In that list it appears that in 2003 is when the most of those were generated. That does not necessarily mean that the complaint was generated towards the Smokehouse. They have been issued four citations over the last couple of months. If the zoning was the way that it was prior to November, they would have only received one of those citations. If you move forward with the change in the ordinance, three of those tickets, the level would have been below that. Mayor Coody: I don't know how loud 70 decibels is. Maybe there is a way that we could set up a demonstration because this is something we have to deal with all the time. Chief Tabor: I think that happened years ago. Radios were brought in and turned up and down so everybody could get an idea. Alderman Thiel: I think during the racetrack issue Chief Hoyt gave us some comparisons of sound. Chief Tabor: Like what a train might be? Alderman Thiel: You might revisit some of those minutes to see. You said that in the past two months there have been four citations. Chief Tabor: If we were using the commercial limit, only one of the four was above that limit which is 75 decibels. City Attorney Kit Williams: It depends on the time. Alderman Thiel: Yeah I know, after 11:00 PM. There were other complaints, did you all register decibels over the last few years. 113 West Mountain 72701 (479)521-7700 (479) 575-8257 (Fax) accessfayettevi l l e. org City Council Meeting Minutes July 3, 2007 Page 25 of 25 ( Chief Tabor: I could go back and hopefully find all 22 of these. I Alderman Thiel: I would be very curious what the decibels were during those complaints. Chief Tabor: Yes, they were taken if I can find paperwork that goes back that far. Alderman Thiel: I think it would be helpful to see if the noise actually increased. The argument is the business existed, but has something changed to make it more disruptive. Chief Tabor: I probably can't find those numbers back to 1997 but I can definitely go back some amount of years. Alderman Thiel: It would at least give us some idea of whether the noise decibels have actually increased. Chief Tabor: I don't think that is a problem. Brad Zogerman, resident next to the Garden Room: I support the ordinance as it was initially read. If you are going to live in an entertainment district, sometimes you are going to hear entertainment. Mayor Coody: How long have you lived there? l� Brad Zogerman: Five years in April. Sylvia Scarborough invited the Council to her home when the D.J. is playing. This ordinance was Left on the First Reading. Meeting adjourned at 9:05 PM Dan Coody, Mayor Sondra Smith, City Clerk/Treasurer 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) a ccessfayettevi ll e, org x �_,..� <� jA P 3 j`:_ �