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HomeMy WebLinkAbout1993-02-17 Minutes1 MINUTES OF A MEETING OF THE CITY COUNCIL A.meeting•of the Fayetteville City Council was held on Wednesday, February 17, 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 Kit Williams, Conrad Odom, Woody Bassett,: Fred Vorsanger, Len Edens, Joan Chapman, Heather Daniel, and Stephen Miller; 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. - CALLTO+ORDER ' Ns. r Mayor Hanna called the• meeting(to -order with eight aldermen present. SNOW REMOVAL FROM STREETS Mayor Hanna commended the Street and Water & Sewer -Departments for their hard work in clearing the city streets fromthesnow. Crews began about 4:30 a.m. on' Monday, February 15, which was a holiday for City employees. They are still working clearing the snow and ice from roads. CONSENT AGENDA • Mayor Hanna introduced consideration of items which may be approved by motion, or contracts and leases which can be approved by resolution, and which may be grouped together and approved simultaneously under a -"Consent Agenda": A. Minutes of the February 2, 1993 regular City Council meeting; B. A resolution approving a contract with the low bidder, Electrical Techniques, Inc., in the amount;of $42,028 which includes a $5,000 contingency, for the design, installation, and materials for computer/telephone cabling in the Police/Courts Building at 100 West Rock Street. This contract will involve pre -wiring the Systematics Building during the renovation with a twisted -pair wiring for both the computer and telephone systems throughout the building. RESOLUTION 25-93 AS RECORDED IN THE CITY CLERK'S OFFICE C. A resolution approving an agreement with the State Board of Finance for Turnback Revenues under the Tourist Meeting and Entertainment Facilities Assistance Act. 4 February 17, 1993 This is an agreement that is renewed every two years which enables the City to receive turnback funds from revenues generated by the Continuing Education Center. RESOLUTION 26-93 AS RECORDED IN THE CITY CLERK'S OFFICE D. a resolution giving up a portion of the City's Water Service Area southwest of Fayetteville on a temporary basis. The Highway Department cut off a spring that was supplying the water to a house located east of the new Highway 71. Fayetteville does not have a line within a reasonable distance to run water to this residence. The Washington Water Authority has a line in Heather Ridge Subdivision and is willing to provide service to the residence. This requires action by the City to temporarily give up a portion of its service area. RESOLUTION 27-93 A8 RECORDED IN THE CITY CLERIC'S OFFICE Vorsanger, seconded by Edens, made a motion to approve the consent agenda. Upon roll call, the motion passed by a vote of 8 to 0. CHAMBER OF COMMERCE Mayor Hanna introduced a report from James Crider of the Chamber of Commerce on the economic development activities for the fourth quarter of 1992. Steve Ward, President of the Chamber of Commerce, addressed the Council stating a check in the amount of $20,407.30 had been refunded to the City which is the unexpended portion of the $100,000 annual funding for economic development activities. Jim Crider, Director of the Economic Development Department of the Chamber, addressed the Council with the annual and quarterly report. He stated he was very proud of the first full year of activity for the Economic Development Department. He has coordinated with the Arkansas Industrial Development Commission which has lead to several contacts regarding potential industrial prospects. He has attended several trade shows in New Orleans, Anaheim, Atlanta, and Chicago which have also led to several leads. He has conducted 16 tours to prospects. They have had a targeted mailout program which has also resulted in several good potential prospects. They have had 75 industrial inquiries for the year. The existing industrial citizens are very important to Fayetteville. In this regard, the retention and expansion efforts have been positive, especially in light of the expansions that took place this year. 1 • ¢February 17,..1993' They have regionalized;; the area chambers of commerce to work together to benefit northwest Arkansas. They have worked on surveys, local industrial visitation programs, industrial notification programs,+and are promoting,international trade. The research base has continued to grow.. " a y One of the major goals' for 1992 was consumer awareness. They have worked at letting people know what the Chamber is doing in recruiting industrial: prospects. They are also very proud and appreciative of the volunteer support given to the Chamber. Steve Ward stated in a recently published listing of the 50 most recommended places to raise a family, Fayetteville is number 5. He stated the City should be very proud of this accomplishment. APPEAL OF REZONING PETITION R93-1 Mayor Hanna introduced consideration of an appeal of a decision by the Planning Commission denying rezoning of 47.86 acres as submitted by Dennis Smith on behalf of Randall Garrison and represented by Truman. Yancey for property located north of Wedington Drive and west of Rupple Road from R-1, Low Density Residential, to R-2, Medium Density Residential. Alett Little stated the Planning Commission voted 6-3-0 to deny the rezoning. The applicant pointed out three reasons he considers the Planning Commission was in error when they denied the rezoning, and she will let the petitioner give these reasons to the Council. She stated Staff did recommend R-2 zoning because the area is primarily duplexes except for one single .family home. • The Planning Commission denied the rezoningprimarily because of the potential traffic problems generated by the duplexes. The petitioner is proposing a density of 16 units per acre which is considerably less than the R-2 zoning would allow. Alderman Williams stated because of the weather, the Council was unable to tour the area. He would hate to go against the Planning Commission's decisionwithout seeing the site. He would like to postpone the item until the next meeting. Little stated she felt viewing the area would benefit the Council. Miller, seconded by Daniel, made a,motion to table the item for two weeks. Upon roll call the motion passed by a vote of 8 to 0. REZONE R93-3 Mayor Hanna introduced consideration °Can ordinance rezoning 5.04 acres located in the Sequoyah South Subdivision from R-1, Low Density Residential, to R-2, Medium Density Residential, and a resolution to'amend..the subdivision covenants for Sequoyah South February 17, 1993 Subdivision, as submitted by Bill Watkins on behalf of Properties owned by Robert and Virginia Oliver. The Planning Commission voted unanimously to recommend the and to amend the subdivision covenants. Prestige rezoning Alett Little stated the Planning Commission voted to amend the covenants at their December 14, 1992 meeting and to recommend rezoning at their January 25, 1993 meeting. Staff recommends the property owners in the subdivision maintain the three acres of greenspace as well as the drives and streets. The City does want to have the right to maintain the drives and streets if not done so by the property owners and charge to them the cost of the maintenance. Alderman Miller asked if we were changing the maximum density allowed for the subdivision. Little stated there were no changes to the density. City Attorney Rose read the ordinance for the first time. Miller, seconded by Odom, made a motion to place the ordinance 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. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3675 APPEARS ON PAGE 3-C? OF ORDINANCE BOOK XX VI Vorsanger, seconded by Odom, made a motion to approve the subdivision regulation changes. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 28-93 A8 RECORDED IN THE CITY CLERK'S OFFICE PURCHASING AUTHORITY An ordinance amending Sec. 34.23 of the Fayetteville Code of Ordinances increasing the Mayor's purchasing and contract approval authority from $10,000 to $20,000 and granting the Mayor authority to approve contract change orders up to the contingency amount of the contract approved by the City Council. By increasing the limit the Mayor has the authority to approve, timeliness and productivity in processing of contract items will be improved. By allowing the Mayor to approve change orders up to the contingency amount of a contract, projects will not have to come to a standstill because of waiting on Council approval or having to call a special Council meeting to approve such a change. , .54 i•Februaryil7'1993 City Attorney Rose -read the ordinance for the first time. Williams, seconded by Miller, made a.motion to place the ordinance 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. Vorsanger, seconded by Edens, .made a motion to further suspend the rules and place the ordinance on itsthird 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. Upon roll call, the ordinance passed by a vote of 8 to 0. There was an additionaLvote on the emergency clause which passed by a vote of 8 to O. ORDINANCE 3676 APPEARS ON PAGE 3G/ OF ORDINANCE BOOK )(VU/ COMMUNITY DEVELOPMENT. REHAB POLICY Mayor Hanna introduced consideration of a resolution revising the Community Development Rehabilitation Grant or Loan per household maximum benefit amount to $15,000 rather than the previous $10,000 with the approval of the Mayor or his authorized designee. Staff feels this increased amount is necessary because many of the older homes occupied 'by lower income families require extensive repairs due to their age, poorer quality of construction, and lack of proper maintenance. In addition, building materials and labor have increased during the past 11 years, and there has been no increase in the $10,000 cap. Alett Little stated if more than $15,000 is required on an individual dwelling, that request will be brought before the Council for a decision. She stated the City's philosophy is to perform moderate rather than substantial rehabilitation to homes. Alderman Vorsanger stated he agreed with that philosophy. Little stated the average cost of repairs had been running about $8,000, but in the last year, there have been three that have hit the $10,500 limit. Alderman Chapman asked about how many homes had been renovated last year. Little stated she was not sure, but she guessed around 30. Alderman Vorsanger pointed out that the annual Community Development budget is around $500,000 and only a portion of that is designated toward housing rehab. However, this year the City did qualify for an additional $500,000 that is to be used totally for housing rehab. February 17, 1993 Alderman Daniel asked if there was an income limit for people applying for this assistance. Little stated the limit was $29,000 for a single family household. Little further stated there were various types of programs available including grants and low interest loans. Alderman Miller stated he knows several of the people who have been assisted through this program, and he feel this is a great help to them and to the City. Miller, seconded by Williams, made a motion to approve the increase in the rehabilitation limit per dwelling. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 29-93 AS RECORDED IN THE CITY CLERK'S OFFICE SMOKING POLICY REVISION Mayor Hanna introduced consideration of an ordinance amending the City's smoking ordinance. Alderman Williams stated he has received calls from several people on both sides of this issue. Staff had been asked to examine the City buildings and determine which ones could have the designated smoking areas blocked off. He feels this item should be postponed until Staff has had time to find out this information. Alderman Chapman stated the City Council may need more time as well to further study the smoking issue. Alderman Edens stated he feels the City has a good smoking ordinance, and does not see the point in changing it if there is no problem. He stated he had not heard from any employees objecting to the designated smoking areas. Edens made a motion to leave the ordinance as it currently stands. Alderman Williams stated he felt it should be postponed to a future time. He would like for Staff to get with OSHA and see if they anticipate mandating regulations for the workplace. Alderman Chapman added she would like for Staff to contact the Center for Disease Control in Atlanta and get the latest statistics on smoking Alderman Daniel stated she had previously discussed phasing in a totally smoke free workplace in a five to seven year period. She would like this idea considered as well. Williams, seconded by Miller, made a motion to table indefinitely the smoking ordinance amendment. 1 February 17,''.1993." Upon roll call, the motion passed by..a..vote of 8 to 0. OTHER BUSINESS i NORTHWEST ARKANSAS REGIONAL PLANNING. COMMISSION T ' Mayor Hanna stated Alderman Daniel had volunteered to be a member of this committee, but he needed onermore.representative. y. Alderman Miller stated he would.volunteer. Mayor Hanna agreed ,with both .of., these 'aldermen serving on this committee. A I { i TREE PROTECTION ORDINANCE Mayor Hanna stated -there would be a public hearing on Wednesday, February 24, 1993, 0.5,:00 p.m. in City:Hall on the proposed tree protection ordinance. WARD 3 MEETING Alderman Vorsanger stated Ward 3 would hold meeting Thursday, February 18, at 7 p.m..at Butterfield School. The three major items of discussion are (1) review the tree ordinance, (2) discuss where the city's money comes from, and (3) the -sales tax. He stated Alderman Edens has a good presentation planned on what the City was going to do with the sales tax and what will have to be held off until we get anew sales tax passed. WARD 4.MEETING Alderman Daniel stated Ward 4 would hold a meeting Thursday, February 25, at 7:00 p.m. in Room 111 of City Hall. The major topic of discussion will be the sales tax. NORTHWESTARKANSASREGIONAL AIRPORT AUTHORITY Alderman Williams stated he and Alderman Edens had attended the last NWARAA meeting, and they had discussed the possibility of controlling Drake Field. Both the advantages and disadvantages of such an arrangement were discussed. Alderman Williams stated there are going to be some documents proposing Drake Field .136 controlled by the NWARAA. He feels the Aldermen should become educated about the issue and the impact of such a decision on Fayetteville. If the City allows Drake Field to come under the jurisdiction of the Authority, we would lose control of the aviation future of Fayetteville. The NWARAA is dominated by members from Benton County, and he expressed his. concern for Fayetteville. February 17, 1993 Alderman Vorsanger stated in a memo the aldermen received from Alderman Williams started by saying Mayor Hanna had proposed the transfer of Drake Field to the Authority. Alderman Vorsanger asked the Mayor if he had ever made such a proposal. Mayor Hanna stated he certainly had not. Fayetteville voted about 80% to remain a member of the NWARAA because they want to have a voice about the proposed regional airport facility. The purposed of Aldermen Williams and Edens attending the NWARAA meetings is to be able to inform the Council and to try and work together for the betterment of Drake Field and the regional airport. He felt the two entities should not be competing for federal funding. He certainly does not intend for Fayetteville to give up its airport. Alderman Williams stated on the tentative agenda given to him by the Authority, it was stated Mayor Hanna was interested in joining efforts for mutual operation of Drake Field. He stated he had been surprised at that statement because he feels to best serve the citizens of Fayetteville, the City needs to maintain control of Drake Field. Mayor Hanna stated the previous City Board of Directors passed a resolution to remain a member of the NWARAA, and this will be complied with. Alderman Edens stated the sole purpose of attending the NWARAA meetings was to decide if a committee was needed to study the operation of Drake Field. They were to listen to feedback from both sides and report back to the Mayor and City Council. He is trying to remain neutral and provide the Council with information. Alderman Edens stated even if the City decided to get the NWARAA to operate Drake Field, there is no indication they would accept that responsibility. In addition, the City does not know what the cost of such a move would be. Alderman Chapman stated she would like to have more information that would better enable the Council to make a decision based on economic consideration. She stated the country is in a recession, but the airline industry is in a depression. These economic factors have to be considered before any decision can be made. Alderman Williams stated he would like to know in the last year the amount of sales tax revenue generated by the rental agencies, leases, etc., at the airport as well as the amount of sales tax generated by the passengers landing at Drake Field. Mayor Hanna stated this type of information would be more appropriate later on in the process if and when a regional airport is decided upon. 1 `, February X17, 1993 ENVIRONMENTAL CONCERNS. COMMITTEE Mayor Hanna commended Alderman Chapman on the packet of information given to each of the.,aaldermen from ;the Environmental Concerns Committee. 41 Alderman Chapman stated"Cheryl Zotti, Assistant to the Public Works :Director, has done a first rate job in assisting her with all of this information. SNOW REMOVAL Mayor Hanna stated the City crews have done a great job in removing snow from the streets. The City does not have sufficient staff to shovel everyone's driveway; however, if someone is elderly or physically unable to remove the snow, call the Mayor's office for assistance. Alderman Daniel stated she had received several calls complimenting City Staff on the good job they have done in clearing the streets. ADJOURNMENT The meeting adjourned at 7:25 112.m.