Loading...
HomeMy WebLinkAbout1993-06-01 Minutes144 MINUTES OF A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday;. June 1, 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 Woody Bassett, Fred Vorsanger, Len Edens; Joan Chapman, Heather Daniel, Stephen Miller, Kit Williams, and Conrad Odom; City Attorney Jerry Rose; City Clerk Sherry Thomas; City Treasurer Glyndon Bunton; Administrative Services Director Ben Mayes; Planning Management Director•Alett Little; Public Works Director Kevin Crosson; members of staff, press, and audience. CALL TO ORDER Mayor Hanna called the meeting to order with eight aldermen present. 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 May 18, 1993 regular City Council meeting. B. A resolution authorizing the reimbursement of damages due to sewage backup into the residence located at 2576 Stanton Avenue in the amount of $2,695.07. On March 27, 1993, a sewer overflow occurred at this residence as a result of roots and grease blocking the City's sewer main. The City has a policy of paying for these claims. Council approval is required for any claim over $2,500. RESOLUTION 55-93 AS RECORDED IN THE CITY CLERK'S OFFICE C. A resolution approving payment for legal services rendered in the incinerator disengagement lawsuit for the law firm of McDermott, Will, and Emery in the amount of $18,808.88 and for the Niblock Law Firm in the amount of $1,576.23. RESOLUTION 56-93 AS RECORDED IN THE CITY CLERK'S OFFICE D. A resolution approving budget amendments reducing capital project funding in the Capital Improvement Construction Fund and the Sales Tax Construction Fund and establish funding for Water Line Improvements, Street Improvements, and Parks Improvements. RESOLUTION 57-93 AS RECORDED IN THE CITY CLERK'S OFFICE June 1, 1993 Vorsanger;'sedonded by Edens, made a motion to approve:the consent agenda. Upon roll call, the motion passed by a vote of 8 to 0.' REZONE R93-20 Mayor Hanna introduced consideration of an ordinance rezoning 1.40 acres located off Dockery and north of Huntsville Road from R-1, Low Density Residential, to R-2, Medium Density Residential, as requested by Daran Johnson. • The Planning Commission voted unanimously to recommend the rezoning. Alett Little stated this property is located at the north end of Dockery Lane. Mr. Johnson plans to build two 4-plexes•on the property. He will be responsible for extending the street.•and sewer lines into the area. Alderman Miller stated this property was large enough that they will have tocomply with the tree ordinance. City'Attorney Jerry Rose read the ordinance for the first time. Miller, seconded by Edens, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the mdtion passed by a vote of 8 to00. The City Attorney„,read,the ordinance for the second time. Miller, seconded by Vorsangerr, Made amotion 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 votof 8 to 0. .♦ ORDINANCE 3704 -APPEARS ON PAGE ya7 OF ORDINANCE BOOR XX V/ REZONE R93-21 Mayor Hanna introduced consideration of an ordinance rezoning 1.38 acres located at.241 W. Spring Street from R -O, Residential -Office, to C-3, Central Business Commercial, as requested by Richard Alexander on behalf of Spring Street Centre; Inc. The Planning Commission voted unanimously to. recommend the rezoning. Little stated this property is adjacent to C-3 property- on the north and east sides. Alderman Daniel asked if the existing parking lot would be maintained. June 1, 1993 Little stated the owners have inquired about the parking requirements. They may build a victorian type structure on the lot to be used for retail purposes, and there should be adequate parking even with the addition of a new building. Alderman Daniel asked if the majority of Meadow Street in this area was residential. Little stated the owners are concerned about conserving the character of the area, and their plans will include consideration of these matters. City Attorney Jerry Rose read the ordinance for the first time. Odom, seconded by Miller, made a motion to suspend the rules and 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. Odom, seconded by Williams, 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 3705 APPEARS ON PAGE 'in OF ORDINANCE BOOR X xdl FIREWORKS ORDINANCE AMENDMENT Mayor Hanna introduced consideration of an ordinance amending Ordinance 3359 setting fireworks sale and use regulations within the City. Alderman Chapman congratulated the people responsible for making this change. She stated this change will increase safety when using fireworks but does not restrict the fun of fireworks. City Attorney Jerry Rose read the ordinance for the first time. Williams, seconded by Miller, made a motion to suspend the rules and 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. Williams, seconded by Miller, 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. Upon roll call, the emergency clause passed by a vote of 8 to 0. ORDINANCE 3706 APPEARS ON PAGE 19/ OF ORDINANCE BOOR X XVI SALE OF CITY PROPERTY - 14/ Consider sale of City property located at 226 N. School that remains after a public parking lot was constructed for the high bid received at public auction of $21,100.00. On March 25, 1993, a public auction was conducted for property located at 226 N. School known as the Ozark Mountain Sports Building. A high bid of $21,100 was received. The appraised value of the land and building is $51,258. Staff does not recommend selling the property. Alderman Odom stated he was contacted and requested to table this item to allow additional time for information gathering. Odom, seconded by Williams Upon roll call, the motion EASEMENT made a motion to table. passed by a vote of 8 to 0. Mayor Hanna introduced consideration of an ordinance vacating a portion of right-of-way, Lot 4, Block 2, of Huntingdon Subdivision. Tracy Hoskins has requested the Cityvacate a portion of a 50 foot water line easement so that a home he is building can rest on a portion of the property. He is willing to give back this footage on the opposite side of the easement. City Attorney Jerry Rose read the ordinance for the first time. Odom, seconded by Miller, made a motion to suspend the rules and 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 O. ORDINANCE 3707 APPEARS ON PAGE 93» OF ORDINANCE BOOR X XVI TAX LEVY FOR 1994 Mayor Hanna introduced consideration of an ordinance levying the 1994 property tax rate at 1.0 mills. The levy shall include 0.5 mills each for the Policemen's Pension Fund and the Firemen's Pension Fund. No property tax ,levy is .requested for general government operations. June 1, 1993 Mayor Hanna stated this levy is required each year for the following year's tax. In a resolution dated February 7, the City Council stated they would not seek the 3.8 mills dedicated for general government operations if the sales tax passed. This would allow the schools to hold an election and request the 3.8 mills from the taxpayers. It is now time to do what we told the voters we would do when they voted on the sales tax. City Attorney Jerry Rose read the ordinance for the first time. Miller, seconded by Odom, made a motion to suspend the rules and 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 Miller, 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 Miller stated the property tax is a progressive tax, and a sales tax is a regressive tax. Wealthier people pay more on property taxes. He is aware the Council promised the citizens they would do away with the 3.8 mills. This is the lowest tax rate in the area. He had wanted to do away with only half of the tax and for the City to continue collecting half. He would like to see this money spent on three major projects: (1) another juvenile police officer. 1.9 mills would bring in about $510,000 per year. He would like to allot $50,000 to the juvenile project. (2) Some type of Youth Center facility is needed in Fayetteville. He would like to see $210,000 per year allocated to this project. This money could also be used to hire people to supervise a summer jobs program for the youth. (3) He would like to allocate $250,000 per year to hiking and bike trails and greenspace acquisition. He would like to see the trails linked between the schools, parks, and city trails. Alderman Miller stated he believes in keeping promises, but he asked citizens to remember the Council may be looking at this source of revenue for 1995. Alderman Vorsanger stated Alderman Miller made some good points about the use of funds. From the start, Alderman Vorsanger stated he had been opposed to doing away with the real and personal property tax. The 3.8 mills has been used for the general operations of the City. He stated they did not have 3.8 mills until voters voted last year to increase the millage to pay for additional firefighters, police officers, and equipment. He has been convinced that by pledging 25% of the new sales tax to general operations, this will replace the money lost by eliminating the 3.8 mills. In addition, as sales increase, so will the 25% revenue to the City. June 1, 1993 1 Y J Alderman Vorsanger-stated he believes Fayetteville is the only city to reduce taxes. The 1 mill that will still be collected is mandated by state statute and is for the police and fire pensions. Alderman Vorsanger stated he felt eliminating the 3.8 mills as a result of the citizens voting in the sales tax is an example of democracy at its finest. Alderman Williams stated the Council may have to reconsider this tax next year. The City has done away with collecting this tax because of the crisis in the schools. They can now hold an election and ask the citizens for this millage. He hopes the voters will pass the millage for the schools. He also stated he felt it would benefit the City and the schools by annexing property into the city limits. These areas are receiving the benefits and services of the City, so they should be included in the city limits and pay for these services. Mayor Hanna stated it was certainly nice that all of the Aldermen have come around to support dropping the 3.8 mills. Alderman Vorsanger stated the credit for this goes to the Mayor. The City Council has the legal right to increase this tax up to 5 mills at any time. Alderman Bassett commended the Mayor because it was his idea back in January and February to drop the mills as a way .to help . the schools and get the new sales tax passed. Alderman Chapman stated she agrees with Alderman Williams and the others and hopes the schools will get this millage increase. She feels the Council has done everything possible to encourage this. Upon roll call, the ordinance passed by a vote of 8 to 0... ORDINANCE 3708 APPEARS ON PAGE y37 OF ORDINANCE BOOR X X V( SALES AND USE TAX PROCEEDS - Mayor Hanna introduced consideration of a resolution of intent to utilize. any 1988 City Sales and Use Tax proceeds remaining after refunds, attorney fees, and expenses for capital improvement projects. Alderman Bassett stated this is not an attempt to discourage taxpayers from making a claim for a refund. Any money left over will be used exclusively for capital improvements. That is what the tax was originally passed for. He stated the taxpayers expect to know where their money will be,spent. Alderman Chapman agreed with Alderman Bassett on some of: his points: (1) the original intent of the citizens for the tax was capital improvements, (2) taxpayers do want to know where their June 1, 1993 money is being spent, and (3) the City does need money for capital improvements. Bassett, seconded by Vorsanger, made a motion to approve the resolution. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 58-93 AB RECORDED IN THE CITY CLERK'S OFFICE OTHER BUSINESS Consideration by the Council of items that may have been presented after this agenda has been prepared and distributed. TOLLING AGREEMENT City Attorney Rose stated Amendment No. 8 to the tolling agreement with Kutak, Rock & Campbell needed to be approved by the Council. This amendment will extend the time of the agreement until November 30, 1993. Williams, seconded by Miller, made a motion to approve the tolling agreement amendment. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 59-93 AS RECORDED IN THE CITY CLERK'S OFFICE RESIGNATION OF ALDERMAN JOAN CHAPMAN Mayor Hanna stated Alderman Chapman will be leaving her position on the Council after the June 15, 1993 meeting. He is asking people in Ward 4 who would like to be considered for this position to write a letter stating why they would like to be on the Council and give it to either an alderman, the Mayor's Office, or the City Clerk's Office by noon, Monday, June 14, 1993. Alderman Chapman will make a nomination to the Council at the June 15 Council meeting. REVIEW OF ORDINANCES Mayor Hanna stated he has asked staff to review the City ordinances. Some of them have become cumbersome or need to be updated. He stated he would be glad to hear from the public for their suggestions regarding any of the ordinances. JUVENILE CONCERNS COMMITTEE Alderman Bassett stated the Juvenile Concerns Committee has had a series of meetings and has gathered a lot of information. Last Thursday, a public hearing was held exclusively for the input of June 1, 1993 the area youth. There will be a second public hearing at 6:30 p.m. on Thursday, June 3, in Room 219 of City Hall. Any citizen can talk about any juvenile concern. This will be the last public hearing this committee will hold. After this, the committee will get together next week and try and come to some conclusions and recommendations to make to the City Council and Mayor. He stated this will be difficult because a lot of good ideas have been brought forth. He thanked the other three aldermen on this committee, the other members of the committee, and all of the people that have participated in the meetings. ENVIRONMENTAL CONCERNS COMMITTEE Alderman Chapman stated the Environmental Concerns committee wants to thank the people of Fayetteville. The committee has received 36 applications for the citizens environmental committee. Only 11 can be selected, but the balance of the applications will be kept in the event someone has to resign. WARD 1 MEETING Alderman Williams stated Ward 1 would hold a meeting on June 8, 1993 at 6:30 in City Hall. WARD 2 MEETING Alderman Bassett stated Ward 2 would hold a meeting on June 8, 1993 at 6:30 in City Hall. The meeting rooms will be posted. WARD 4 MEETING Alderman Daniel stated Ward 4 would hold a meeting on June 17, 1993 at 7:00 p.m. in Room 111 of City. Hall. WARD 3 MEETING Alderman Vorsanger stated he and Alderman Edens were disappointed in the turnout to the Ward 3 meetings. There have only been.2 people at the last 3 meetings. There is no need to have a ward meeting if only 2 people show up. Alderman Edens stated the Council may want to consider holding one "Town Meeting" in City Hall for all of the wards. DRAKE FIELD LEASE PROPOSAL Alderman Williams stated he was saddened at the loss of Alderman Chapman to this Council. He stated.the.Council is facing a mayor issue --the concept of the lease of Drake Field. He stated he will make a motion at the next meeting for Fayetteville to•NOT.enter into a lease. He feels this would be in the best interest of the City. He feels Fayetteville should keep its money -making asset, June 1, 1993 and it should pay back the City the money lent to the Airport over the past years. Drake Field is one of the city's most valuable assets. He will ask for a vote at the June 15 meeting so that the elected official, Alderman Chapman, will have a chance to vote on this matter. Alderman Miller stated he too was sad about Alderman Chapman leaving. It would be over his dead body that Fayetteville leases out the airport. Alderman Vorsanger stated he will also miss Alderman Chapman. He is really concerned about her leaving this Council. He has a fond appreciation of all of the work she has done, and she has been an outstanding committee chairperson. He stated he hopes all the best for her. Alderman Williams stated he was appointed to the committee to review this lease and the available options for the airport. Mayor Hanna stated he did not feel the preliminary draft would be satisfactory to the members of this Council. He felt it might be premature to vote not to look at something before it comes to us in its final form. He stated the City may lose an opportunity to increase revenues. He suggested allowing this matter to run its natural course. Alderman Williams stated he has been meeting since February and discussing the options. He feels the concept of a lease is wrong for Fayetteville. A lease would expose Drake Field to the liabilities of the Airport Authority if they were to run into any problems. He stated there are several other agreements that could be entered into that might be in the best interest of the City. As an elected alderman, he would like for Alderman Chapman to cast a vote. Alderman Edens stated if the Council approves Alderman Williams' resolution, he asked if that would abolish the lease review committee. Mayor Hanna stated this discussion is talk about voting on a resolution the Council has not seen and about a lease they have not read. Alderman Williams stated it is possible that if his resolution is approved, it could be the end of the committee, but there are other agreements the City could enter into. The Airport Authority is wanting to lease Drake Field to improve their financial condition so they can secure the air passenger service. Alderman Chapman stated she does not want to vote on this issue if it means rushing to a judgment. As the lease stands, $20,000 per year for 50 years is what would be coming to the City. That June 1, 1993 §. amount, • taking into consideration the inflation factor, borders on being insulting. She agrees with Alderman Williams that the City should not lease Drake Field. She stated the City is being asked to come in and save the financial situation. The Authority needs this asset to be able to sell their bonds. She stated the important question to ask is what will Fayetteville gain and lose through this agreement. Alderman Chapman stated the proposed lease is not a good deal -for Fayetteville. Alderman Daniel stated Alderman Chapman has been wonderful to work with, and she will be contacting her for advice in the future. Alderman Vorsanger stated there is an Airport Committee, .and he asked why not get their input on this lease before the Council makes any decisions. This is the normal procedure when the City has advisory boards, such as the Airport, Planning Commission, etc. Mayor Hanna stated he agrees. He feels this is getting out of sequence. Alderman Edens stated he did not feel the Council should pass a resolution because that would take away any right to•have any input. He feels the Council should not close any doors and should try and make an arrangement that would be more in favor of- Fayetteville. Alderman Williams stated he believes the.Council should discuss this at the next Council meeting. He does not believe there is any lease that can be brought up that would be in Fayetteville's best interest. ADJOURNMENT The meeting adjourned at 7:40 p.m. • 4