Loading...
HomeMy WebLinkAbout1993-02-02 Minutes1 MINUTES OF A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, February 2, 1993, 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, Conrad Odom, Woody Bassett, Fred Vorsanger, Len Edens, Joan Chapman, and Heather Daniel; City Attorney Jerry Rose; City Clerk Sherry Thomas; City Treasurer Glyndon Bunton; Administrative Services Director Ben Mayes; Public Works Director Kevin. Crosson; Planning Management Director Alett Little; members of Staff, press, and audience. •CALL TO ORDER Mayor Hanna called the meeting to order with eight aldermen present. LOU ANN CENTER PRESENTATION Mayor Hanna stated a presentation would be given to Lou Ann Center honoring her heroism in saving the -life of her neighbor, Angie Cestone, by pulling. Ms. Cestone from her burning home. Fire Chief Mickey Jackson stated on January 6, 1993, the Fire Department was summoned to a fire at 2444 Jonquil Court. When they arrived, the house was totally engulfed in flames and had been for several minutes. When Mrs. Center -arrived home from work, she saw the fire at Mrs. Cestone's home.s_ .She went over to see about 'Mrs. Cestone. The Cestone garage door was up about-4•feet, and Mrs. Center saw Mrs. Cestone lying on the garage floor.' Exhibiting unusual courage, Mrs. Center crawled -under the garage door and pulled Mrs. Cestone out onto her driveway. By pulling her from the burning structure, Mrs. Center saved the life of her neighbor. Chief Jackson read a proclamation honoring Mrs. Center.and presented her with a key to • the City. j i ! . � e ERNEST LANCASTER Mayor Hanna stated it was with sadness he announced the passing of Ernie Lancaster, who had served on the City Board for over 20 years and had been Fayetteville's mayor for two years. Mr. Lancaster was currently the Chairman of the Airport -Board and had served on the Airport Commission and had been a strong supporter of brake Field during his tenure on city government. t L OLD BUSINESS Mayor Hanna introduced considerations of items that have been brought before the Council but were tabled or no decision made to allow further information to be presented. A. An ordinance renaming that portion of Millsap Road west of Highway 71B to Futrall Drive in order for Futrall to be a continuous street. The street will be renamed at the time the final plat for CMN Properties, Phase I, is filed and approved. This ordinance was left on its third and final reading and was tabled at the January 19, 1993 Council meeting. Alett Little stated the additional occupants on Futrall Drive had been notified of the potential name change. Alderman Williams asked if the road east of College was Futrall or Millsap. Little stated it was Millsap. Alderman Miller stated it would be quite a while before Proctor and Gamble would be required to convert their address to Futrall. Little stated the name would not be changed until the final plat for the development was approved. She estimated that would be at least 6 months. After the name has been changed, the City and Post Office will honor both names for a year. Ella Smiley, of Proctor and Gamble, addressed the Council and stated her company was concerned about this change. They will suffer through the change if the City can show them where they have made every conceivable effort to avoid the name change and that is the only alternative. However, she is not sure every avenue has been addressed. Nothing has been done since the last meeting except for notification of the people on Futrall. Mayor Hanna stated perhaps the road could remain Millsap until it reaches Gregg and leave the first block west of College as Millsap. However, he stated this was pointed out that it could be a problem for 911. Ms. Smiley stated Futrall was the service road along the bypass. The area on Millsap where Proctor and Gamble is located is not a service road to the bypass. Therefore, she sees no reason for Millsap having to be changed to Futrall. Alderman Williams stated the City would be inconveniencing two citizens either way the name change was done. However, changing the name to Millsap is consistent with the Master Plan. Alderman Vorsanger asked why the name could not stop in Wimberly Drive where the new proposed subdivision is to be built. February 2, 1993 Y. . ',;e Little stated they had considered asking the developer to redesign his development so the roads would not meet, and this name change would not be necessary. Ms. Smiley stated Milisap is really a very small road, .and by connecting it into the proposed subdivision, that will be creating a large traffic stress., Alderman Chapman stated there was no good solution. Little stated the road would not be extended until there was a need, and the developer will share in the cost. As with all street naming questions, the Planning Department consulted with 911. They applied their criteria and made a recommendation that the road be called Futrell for its entire length. Alderman Vorsanger stated he felt this name change question was coming to the Council too soon. If the developer decides against his development or makes some changes, the name change might notbe needed. Little pointed out the name change was contingent upon the approval of the final plat. Vorsanger, seconded by Chapman, made a motion to leave this on the table until further development plans have been made making sure the name change. is. necessary. Upon roll call, the motion passed by a vote of 8 'to 0. 1 � F CONSENT AGENDA ; ' Mayor Hanna introduced consideration of items which may be approved by motion, or contracts and leases which can be approved by resolution, and 'which- may be grouped together and approved simultaneously under,a "Consent Agenda": A. Minutes of the1January 19, 1993 regular City Council meeting, November 30, 1992 Council Retreat meeting, and December 7, 1992 Council Retreat meeting. B. A resolution awarding an engineering contract to McClelland Engineers and awarding Task Order #1 in an amount not to exceed $68,700 for the proposed Federal Grant Project AIP #17 for Drake Field taxiway'extension and blast pads. The Airport Board concurred'with the selection of McClelland Engineers by the Professional Selection Committee. The project will'be` 90% funded by the federal grant.' The anticipated project cost is $549,000 and includes taxiway extension, pavement marking, lighting and signage, and blast • 30 February 2, 1993 pads for each runway end. The project is expected to take three years to receive all funding and be completed. RESOLUTION 18-93 A8 RECORDED IN THE CITY CLERK'S OFFICE C. A resolution approving a Change Order No. 8 to the Youth Center Pool Renovation contract with Branco Enterprises, Inc., in the amount of $14,199, and approval of a budget adjustment. This change order is for additional services provided by Branco. This project was completed in 1991, but the City has been working with the engineer, Crafton, Tull & Associates, to reach a final contract settlement with Branco. A mutual decision has been agreed upon with this settlement. RESOLUTION 19-93 A8 RECORDED IN THE CITY CLERK'S OFFICE Williams, seconded by Edens, made a motion to approve the consent agenda. Upon roll call, the motion passed by a vote of 8 to 0. 36' BEAVER WATER LINE Mayor Hanna introduced consideration of a resolution authorizing the Mayor or his designated representative to act as the City's agent in acquiring the necessary rights of way for the 36" water line and tanks project for the southern section of the project, and approval of a budget adjustment. Approving these 10 tract acquisitions prior to actual settlement will (1) save time and project delays by not having to bring each settlement before the Council and (2) to enhance the City's negotiation power with the property owners. Alderman Edens stated he would abstain from the discussion and vote because he owns some property involved in this project. Vorsanger, seconded by Odom, made a motion to approve the resolution. Upon roll call, the motion passed by a vote of 7 to 0 to 1, with Alderman Edens abstaining. RESOLUTION 20-93 AS RECORDED IN THE CITY CLERK'S OFFICE UTILITY EASEMENT ABANDONMENT Mayor Hanna introduced consideration of an ordinance vacating and abandoning a utility easement under the Fayetteville Hilton Hotel and the Continuing Education Center. The City vacated the alley easement for this property by Ordinance 2578 but retained the utility easement. It has been determined that this utility easement will not be required, and the Hilton Hotel is requesting the City abandon the easement. t February 2, 1993 4 City Attorney Rose read the ordinance for the first time. Miller, seconded by Vorsanger, made a motion to suspend the ordinance and place it on its second reading. Upon roll call, the motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the second time. Miller, seconded by Odom, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the third time. Alderman Williams stated this easement is now underneath the Hilton, and vacating the easement was overlooked at the time the Hilton was built. deorge Blackwell addressed the Council asking if the City was sure they would not need the easements in the future. Mayor Hanna explained the CEC Building and the Hilton were built over an alley that was closed at that time. However, it was an oversight that resultedin not vacating these utility easements. So this is basically a housekeeping type item. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3674 SALES TAX APPEARS ON PAGE 3s7.. _r X :. e OF ORDINANCE BOOK X X V( Mayor Hanna introduced consideration of a resolution stating the City's intent to pursue an election for a 1% sales tax as soon as possible. - .t Mayor Hanna stated the Supreme Court has ruled the current sales tax is illegal. An'ordinance will have to be passed before a new election can be set. « Alderman Chapman stated she would like to include in the resolution the word intent and assure the citizens that before an ordinance is passed, there will.be ample opportunity"for all of the citizens to be informed and to inform the City Council about their wishes. Alderman Williams stated;,he has discussed this with numerous citizens of Fayetteville, and it is fairly unanimous they want the City to go forward with the new election on a sales tax. They want the capital improvements they had previously voted on. s ' Mayor Hanna encourages citizens to .attend the ward meetings and discuss the sales tax issue. Alderman Miller felt this is under the bond issue. He is without borrowing money. a good_ opportunity to get out from in -favor of a pay-as-you-go system 31 February 2, 1993 Alderman Bassett stated Ward 2 would be having their next meeting on February 9, 1993, at 6:30 p.m. in Room 111 of City Hall. He stated the future of the city depends on getting this sales tax passed. We have to have the money for roads, water and sewer improvements, etc. George Blackwell addressed the Council stating the prior sales tax was not used properly. The Supreme Court advised the people of this. The current City Council is doing an excellent job. He is in favor of the 1% sales tax, but he is opposed to any of the City's money going for school funding. The schools should get their funds from the federal government and from property taxes. Alderman Bassett stated no money from the new sales tax would be going to the schools. Bassett, seconded by Vorsanger, made a motion to approve the resolution stating the City's intent to have a new sales tax election as soon as possible. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 21-93 AS RECORDED IN THE CITY CLERK'S OFFICE Alderman Vorsanger stated Ward 3 would be having their next meeting at 7:00 p.m. on February 18 at Butterfield School. He asked that staff prepare a listing of what projects will not be done because of the loss of the sales tax and a listing of what projects can be done with the new sales tax. Alderman Chapman stated Ben Mayes had prepared a listing like this, and she commended Staff on their hard work. Alderman Daniel stated Ward 4 would hold their next meeting on February 25 at 7:00 p.m. in Room 111 of City Hall. BUDGET ADJUSTMENTS Mayor Hanna introduced consideration of a resolution authorizing budget adjustments to cover the cost of projects currently in progress in the Water and Sewer Fund, General Fund, and Street Fund that were to have been funded by the sales tax. Alderman Miller asked if there would have to be an increase in water and sewer rates because of the sales tax being ruled illegal. Mayes stated there would be no increase because of this ruling. Mayor Hanna stated there is a bond issue supported by water rates that is to fund the first portion of the water line project. * February 2, 1993 Vorsanger, seconded by Miller, made a motion to approve the budget adjustments. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 22-93 AS RECORDED IN THE CITY CLERK'S OFFICE OTHER BUSINESS Mayor Hanna introduced consideration of items that may have been presented after this agenda has been prepared and distributed. ARTS FOUNDATION BOARD Mayor Hanna stated the Arts Foundation Board was short a member. Because of this and other conflicts in schedules of its members, they have been unable to gather a quorum to hold a meeting. He is recommending the Council appoint Mr. Randy Blanton, Chief Financial Officer of the Bank of Fayetteville, to completethe term of Mark Renner which will expire in June, 1994. Edens, seconded by Vorsanger, made a motion to appoint Mr. Blanton. Upon roll call, the motion passed by a vote of 8 to 0. NORTHWEST ARKANSAS REGIONAL AIRPORT AUTHORITY Mayor Hanna stated the NWARAA is now providing copies of their minutes for the Council. In an effort to better open the lines of communication between.the-•City and the NWARAA, Mayor Hanna stated he was appointing Aldermen Len Edens and Kit Williams and Airport Board member Harlan Tiffee to a special committee that will be working with the NWARAA in'determining the future and goals of Drake Field in Conjunction • with the proposed regional airport. FOUR COUNTY SOLID WASTE MANAGEMENT DISTRICT Mayor Hanna introduced consideration of a resolution that will appoint Public Works Director -Kevin Crosson as the City's alternative ;representative ,on ° the Four County Solid Waste Management District Board.- Mayor Hanna stated he was on a subcommittee whose, purpose• is to hear the various proposals for companies wanting to site -landfills in the area. As Mayor, he will not always be able to attend these meetings, but he wants the interests of Fayetteville to be protected. Alderman Williams asked Crosson if he felt he were the best qualified member. on his staff to be the representative on this committee. 111 i Crosson stated he felt he was . the best qualified. He has been keeping current on the Four County Solid Waste District. The division heads in his department need to concentrate on operations. He stated he felt very comfortable with this appointment. February 2, 1993 Odom, seconded by Miller, made a motion to approve the appointment of Kevin Crosson as the City's alternate representative to this committee. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 23-93 AB RECORDED IN THE CITY CLERK'S OFFICE ENVIRONMENTAL CONCERNS COMMITTEE Alderman Chapman stated the Environmental Concerns Committee would be holding a meeting on Monday, February 22 at 4:30 p.m. in Room 111 of City Hall. Drew Holt, Chairman of the Four County Solid Waste Management District will be the guest speaker. Alderman Chapman welcomed any of the interested Council members to attend as well as anyone from the public. TOLLING AGREEMENT City Attorney Jerry Rose stated the City currently has a tolling agreement with the law firm of Kutak, Rock & Campbell as a potential third party defendant in the incinerator lawsuit. The tolling agreement stops the statute of limitations from running on the time when the City could file suit against this firm. The first tolling agreement was signed in 1989, and this amendment will extend the time until May 31, 1993. He asked the Council to approve a resolution ratifying the signatures on the tolling agreement. Williams, seconded by Edens, made a motion to approve the extension of the tolling agreement. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 24-93 AS RECORDED IN THE CITY CLERK'S OFFICE COUNCIL MEETING DATE CHANGE Mayor Hanna stated the next regular meeting of the City Council is scheduled for February 16. There is a public hearing scheduled for 4:30 that day of the proposed tree ordinance. In order to allow plenty of time for that, the Council meeting will be moved to Wednesday, February 17, 1993, at the regular time of 6:30 p.m. SMOKING POLICY Alderman Williams stated the EPA has declared second hand smoke is a carcinogenic. He would like to have an ordinance passed that would prohibit smoking in all city buildings and vehicles. He feels allowing smoking areas where the smoke can travel to other parts of the building, etc., opens the City up for potential litigation if an employee develops cancer from this second hand smoke. He would like this item placed on the agenda for the next regular Council meeting. JD February 2, 1993 t' • S . Kevin Crosson stated the City currently has designated smoking areas in all city facilities. All vehicles are now tobacco -free.. Alderman Chapman agreed with the potential for possible litigation. Passive smoke can be as damaging as active smoke. These people are the victims. She stated schools are leading the way with this trend. Alderman Miller stated he concurs .with Aldermen Williams and Chapman because nicotine is the most dangerous drug around. PROPOSED TREE ORDINANCE Alderman Vorsanger stated Jo Ann Teas wrote to each of the alderman about the proposed tree ordinance, and he wants to make sure her concerns are addressed by Staff. HWY 165 & 16 TRAFFIC LIGHT . A Alderman Vorsanger stated he has heard nothing but good comments since the traffic light at the intersection of Highway 165 and 16 has been installed. He stated there were other areas that needed lights as well. He asked how ,the City could get the Highway Department to speed up the,installation of the traffic lights. Kevin Crosson stated he and Alett Little have been working with the Highway Departmentand have been able to acquire several improvements toCity streets. The highway Department is aware of the critical needs -of the'City. They have procedures and levels of bureaucracy that;have:to.be followed. i i r Alderman Bassett stated he knows Bobby Hopper and has found him to be highly responsive to the needs of this part of the state. In addition, Alderman Bassett stated he has received several calls from people wanting something done to their street, etc., and he has relayed this information -to Kevin Crosson, who has been able to take care of the situations. .He has found the City very responsible to the -needs of the citizens. Crosson stated Mayor Hanna has been a major party in working with the Highway Department in improving the relationship that exists between them and the City. WINWOOD STREET Alderman Vorsanger stated he has received calls from citizens that Winwood Street between Township and Mission has become a race track. He stated they were not criticizing the Police Department, but they were asking for the City's help. Crosson stated that area is an enforcement problem. Speed limits signs will not stop speeders. February 2, 1993 Alderman Edens stated the Police Department was aware of this problem, and he had seen them patrolling this area today. WARD 1 MEETING Alderman Miller stated Ward 1 would hold a meeting on February 9 at 6:30 p.m. at Jefferson School. SALES TAX LAWSUIT City Attorney Jerry Rose stated he will be filing a petition for rehearing before the Arkansas Supreme Court on Friday. If the City is denied the rehearing, there are several things that Judge Hannah will have to decide. Reasonable attorney fees will have to be awarded to John Lisle. In addition, Judge Hannah will have to decide how to handle the sales tax that is currently being collected. During the next couple of weeks, Rose stated he would be talking with the Council about several of these things including what to do with the bond issue. He has been and will continue working with the Administrative Services Director Ben Mayes, Arvest, the bond counsel, and others in determining how best to handle the bond issue. This is an extremely complicated issue, one he will be learning and passing on to the aldermen. There will be several political and administrative decisions the aldermen will be asked to make during the next couple of weeks. Rose stated he will be working toward getting a new tax issue before the people as soon as possible. This can only be done after all of the questions have been answered and handled with the old sales tax. An election on a new issue can be only be held between 30 and 120 days after passage of the ordinance calling for the election. He stated he would be available at anytime for questions from the aldermen. ADJOURNMENT The meeting adjourned at 7:54 p.m.