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HomeMy WebLinkAbout1993-08-17 Minutes17/ MINUTES OF A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, August 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 Stephen Miller, Kit Williams, Conrad Odom, Woody Bassett, Fred Vorsanger, Len Edens, Joe Box, and Heather Daniel; City Attorney Jerry Rose; City Clerk Sherry Thomas; City Treasurer Glyndon Bunton; Administrative Services Director Ben Mayes; Planning Management Director Alett Little; Environmental Affairs Administrator Cheryl Zotti; members of staff, press, and audience. ABSENT: Public Works Director Kevin Crosson CALL TO ORDER • Mayor Hanna called the meeting to order with eight aldermen >present. GOVERNMENT FINANCE OFFICERS ASSOCIATION OF THE UNITED STATES AND CANADA Mayor Hanna stated the City has been presented the GFOA Distinguished Budget Presentation Award for its 1993 annual budget. Mayor Hanna presented the award to Administrative Services Director Ben Mayes. Mayor Hanna stated Mr. Mayes and his staff worked hard in cutting the length of the budget, as requested by the Mayor, in the limited time after he and the new council took office in November of 1992. Mayor Hanna stated the city has been receiving recognition in three other areas by receiving awards from the Upward Bound Program's Educational Talent Search and National Trio Day, from the Beaver Lake Fish Attraction Program, and from the Arkansas Community Development Awards Program. CONSENT AGENDA 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 July 20, 1993 regular City Council meeting. B. , A resolution approving a budget adjustment recognizing cost and interfund transfers associated with the early retirement of the 1990 City Sales Tax Bond Issue. Capital Guaranty and Arvest Trust Company have accelerated the payoff of the 1990 Sales Tax Bond Issue. Funds to liquidate LJO August 17, 1993 the bonds have been held by the Trustee in the Capital Improvements and Bond Reserve Investment Accounts. RESOLUTION 81-93 A8 RECORDED IN THE CITY CLERK'S OFFICE C. A resolution approving an amendment to the Arts Center Council Articles of Incorporation to change the name from the "Arts Center Council" to "The Walton Arts Center Council". RESOLUTION 82-93 AS RECORDED IN THE CITY CLERK'S OFFICE D . Consideration of a resolution approving a request by Abilities Unlimited. Abilities Unlimited has sustained a considerable loss as a result of their recycling contract with the City. Their original estimate of loss was $31,000. After meeting with their accountants, they have listed their losses as $25,476.43. After meeting with City Staff, they have agreed to accept $10,000 as full settlement of their claim. RESOLUTION 83-93 AS RECORDED IN THE CITY CLERK'S OFFICE E . A resolution accepting a counter offer of property for the Airport Land Acquisition C. Whitfield Jr., Trust, and settle City Dunlap/Whitfield, CIV 93-491. $12,000 to purchase Project from the W. of Fayetteville v. W.D. Schock Company feels the $12,000 counter offer to the original offer of $10,500 will be acceptable to the FAA. RESOLUTION 84-93 AS RECORDED IN THE CITY CLERIC'S OFFICE F. A resolution accepting a settlement offer in Gilbrech v. Havens and the City of Fayetteville, E 93-356, where the other parties have resolved their dispute and ask the City to vacate and abandon any right, title, or interest it may have over and across the street/alley located in Rodgers Place Subdivision. In settling, the City would abandon approximately a 20 foot section of an alley located betweens lots 1 and 2 in block 1 of the Rodgers Place Subdivision. This is a platted but unopened alley. RESOLUTION 85-93 A8 RECORDED IN THE CITY CLERK'S OFFICE G . A resolution approving a change order to the construction contract for the Highway 180 Water and Sewer Relocation Project with Goodwin and Goodwin Construction Company in the amount of $37,183, and approval of a budget adjustment. • August 17, 1993;x:, %The City's sewer rehab project calls for construction of a new 24" relief sewer main which will cross Highway 180. Staff has determined that it would be in the best interest of the City' to install the new main while Highway 180 is being widened'' which will be easier and less expensive to do now than after the widening project has been completed. RESOLUTION 86-93 AS RECORDED IN THE CITY CLERK'S OFFICE Vorsanger, seconded by Miller, made a motion to approve the consent agenda.. Upon roll call, the motion passed by a vote of 8 to 0. PUBLIC HEARING Mayor Hanna introduced a public hearing which will be held regarding the adoption of a resolution authorizing the City to seek certification by the FCC to regulate basic service and equipment rates of the franchised cable operator. City Attorney Jerry Rose stated the city's franchise with Warner Cable that was adopted in 1989 has a provision that states the City would seek to regulate rates when allowed to do so.• The Cable Act of 1992 allows cities to regulate basic cable and equipment rates for cable franchises. The City will have to become certified with the Federal Communications Commission (FCC) before it can regulate rates. Part of this certification process is for the City to provide citizens with a forum, this public hearing, at which to address any issues they may have. City Attorney Rose stated the Cable Act of 1992 does not allow the City to regulate rates other than those for basic cable services and equipment. After the City has been certified by the FCC, the City will send in the proper forms to Warner Cable; Warner Cable completes the forms and sends them to the FCC. .The FCC will then provide the City with a benchmark rate for thebasic service and equipment charges. The rates for the balance of cable television services will still be regulated by complaints from cities or individuals made to the FCC. Alderman Vorsanger stated the the FCC whether or not people low, because he feels the City how this new act would affect recently requested. City is seeking certification from think current rates are too high or should regulate the rates. He asked the rate increase Warner Cable has Shea Crain, Cable Administrator, stated this public hearing is being held to comply with the City's franchise agreement with Warner Cable. Crain stated she was unsure how this would affect Warner Cable's rate increase request. There is currently a rate freeze in effect through November 15. Cable rates and equipment charges can't be increased. She is uncertain exactly what Warner Cable is wanting to do. • August 17, 1993 Alderman Williams asked if the Council passes this resolution, will Warner Cable bring their rate increase requests to the City Council? Ms. Crain stated they would after the City gets certified. Certification occurs 30 days after sending the request to the FCC if nothing is heard from the FCC to the contrary. Mayor Hanna stated the FCC would establish the benchmark rates for the basic cable rate and equipment charges. Warner Cable charges for certain services on a continuous basis, such as second and third cable outlets in a home. This type of charge will not be regulated by the City. Ms. Crain stated the cable industry will become more like the telephone industry where people can purchase additional outlets, boxes, etc., and install these extras themselves. Alderman Edens stated after the City is certified, then Warner Cable would go to the Cable Board with their rate increase requests. After the Cable Board meets on the request, their recommendation will be forwarded to the City Council. Alderman Daniel stated she was glad to see the FCC regulations changing. She asked how Fayetteville's cable rates compare to those of other cities. She stated before she became an alderman, she received several complaints about the cable rates. Shea Crain stated she too has received complaints about the rates. The rates between the cable companies is hard to document. However, Congress passed this cable act over President Bush's veto, so she is sure the effort is underway to alleviate the inequities between cable rates and services. Alderman Vorsanger stated Warner Cable service was better now than it was in 1989. They have all new equipment with several additional channels. Mayor Hanna opened the public hearing for citizen comments. Woody Charleton, a member of the Cable Board, stated the Cable Board voted to urge the City Council to proceed with the 1992 law. This law is trying to control price gouging due to the monopoly cable providers have in communities. He feels this new legislation will save citizens money in the long run. Alderman Miller stated the City and Town publication he receives had a good article about this new law and its advantages. There were no additional citizen comments, so Mayor Hanna declared the public hearing closed. August 17, 1993,,; Vorsanger,_seconded by Box, made a motion to approve the resolution authorising the City to seek certification from the FACC to regulate basic service and equipment rates for the cable provider. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION.87-93-AS RECORDED IN THE CITY CLERK'S OFFICE EASEMENT Mayor Hanna introduced consideration of an ordinance granting an easement to Southwestern Bell Telephone Company on property owned by the City and occupied by Fire Station #5 at 833 N. Crossover Road. The easement will be used for a telephone equipment station. Southwestern Bell will reimburse the Fire Department expenses of $375 for the installation of a new,line recently ordered for radio system improvements. City Attorney Rose stated this easement .can be granted by resolution rather than by ordinance. • Alderman Daniel asked why this request did not first go, to the Planning Commission before coming to the Council. , Mayor Hanna stated this is City owned property, and the Council has the authority to grant the easement. Vorsanger, seconded by Edens, made a motion to approve granting the easement. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 88-93 AS RECORDED IN THE CITY CLERK'S OFFICE RIGHT OF WAY AND UTILITY EASEMENT. VACATION V93-8 , Mayor Hanna introduced consideration of an ordinance vacating.Mall Lane, lying east of lot 5, Spring Park Subdivision, Phase I,, south of Joyce Boulevard, and vacating.utility easements lying 10`feet on either side of the west line of lot 5, and 20 feet north of the, south line of lot 5 of the Spring Park Subdivision, Phase I, as requested by Robert Brown on behalf of Clary Development Corporation. The Planning Commission voted 6-0-0 to recommend the vacations. ,4 • Alett Little stated this street will remain as a street and,be a part of the commercial development in its large scale development process. 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.- City Attorney Rose read the ordinance for the second time. Odom, seconded by Miller, made,„a motion to further suspend the rules and place the ordinance on its • August 17, 1993 third and final reading. Upon roll call, the motion was approved by a vote of 8 to 0. The City Attorney read the ordinance for the third time. Alderman Miller asked if the developer would be building a road for anyone to drive on. He asked if the City would just be granting an easement and not giving up the road. A representative of Clary Development stated Alderman Miller was correct. All of the property in question would still be retained as a public easement and access. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3721 APPEARS ON PAGE /1 OF ORDINANCE BOOR ,Kx.') REZONE R93-33 Mayor Hanna introduced consideration of an ordinance rezoning 8.75 acres located on the south side of Zion, west of Old Missouri Road, from A-1, Agricultural, to R-2, Medium Density Residential, as requested by Rob Merry -Ship. The Planning Commission voted 5-2-0 to recommend the rezoning. Alett Little stated if the Council votes to approve this rezoning, the developer will have to comply with the large scale development process, the tree preservation ordinance, and the grading and excavation ordinance. 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. City Attorney Rose 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 was approved by a vote of 8 to 0. The City Attorney read the ordinance for the third time. Alderman Miller stated when he looked at this property, he noticed it was pretty thick woods. He feels preserving some of these trees is more important than another apartment complex. He hopes the developer will be sensitive to nature, and he will have to be convinced of this before he votes to approve this rezoning. Alderman Williams stated he shares the concerns expressed by Planning Commissioners Joe Tarvin and Jana Britton. Both Zion and Old Missouri Roads are not wide, and the intersection of these two roads is very dangerous. Alderman Williams questioned whether this property should be zoned R-2 because this area is already so densely populated. This will make more pressure on the City to redo the roads in that area. He stated he would be glad to hear V August 17, 1993 from the developer -about these questions. .He also feel the impact on the city's infrastructure should be considered before approving this rezoning. Alett Little sated there is a 12 inch water line and 10 inch sewer line along Zion Road. As part of the large scale development process, the developer has been told there will need to be more right of way for the streets. One-half'of the cost of developing the streets is borne by the developer. Rob Merry -Ship stated he understands the concerns of the aldermen. He will not be building to the density that is allowed under R-2 zoning. There is a large sewer easement that runes through the property which cannot be built on anyway. He plans to build duplexes and a couple of 4-plexes. The adjacent property is zoned R-1.5 and R-2, so this rezoning request is consistent with the area. In addition, he has concerns about the greenery and streets and plans to save as many trees as possible. He plans on keeping this property and managing the apartment complex himself. Alderman Vorsanger stated he feels this is a perfect spot for what Mr. Merry -Ship is proposing. He knows of other projects by.Mr. Merry -Ship, and he has done a fine job in the past with them.. Alderman Bassett stated he too knows and believes Mr. Merry -Ship, and feels he will be sensitive to the environment.' Alderman Williams asked if the right of way on Old Missouri will be widened from 40 to 50 feet, and if so, will the City get the other 10 feet from Mr. Merry -Ship. Little stated the right of way will be widened, and the right of way will be dedicated by the developer. She stated the same is true on Zion Road. upon roll call, the motion to approve the rezoning passed by a vote of 8 to O. ORDINANCE 3722 APPEARS ON PAGE /y OF ORDINANCE BOOR XXVII • NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION Mayor Hanna introduced consideration of a resolution approving the participationby the City of Fayetteville in the Northwest Arkansas Regional Transportation Study and approving the agreement between the Northwest Arkansas Regional Planning Commission and the Arkansas State Highway and. Transportation Department. for 'this study. Y Mayor Hanna stated there were some concerns about this agreement that were discussed at the Agenda Session. August 17, 1993 City Attorney Rose stated Mr. Bob Harlan has removed the word "airport" from the agreement, which was the area of concern. Alderman Williams stated he was the one with this concern, and he appreciated "airport" being removed from the agreement. Bassett, seconded by Odom, made a motion to approve the agreement. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 89-93 AB RECORDED IN THE CITY CLERK'S OFFICE Mr. Harlan stated he appreciated the Council's approval of the agreement because he did not want to leave the Regional Transportation Plan "up in the air." TREASURER'S REPORT Mayor Hanna stated City Treasurer Glyndon Bunton would give the quarterly Treasurer's Report. Treasurer Bunton gave the financial report for the six month period ended June 30, 1993 (a copy of the report is attached). He commended the efforts of the Finance Department especially during the turbulent times of the sales tax lawsuit, sales tax refund process, etc. Alderman Vorsanger asked if there were any funds running in a deficit. Ben Mayes stated the only one is the Northwest Arkansas Resource Recovery Authority Fund, but it was expected because the interest payments are more than the interest earned on the funds. OTHER BUSINESS ORDINANCE REVIEW COMMITTEE/NOISE ORDINANCE Alderman Williams stated to comply with FOI, he would like to announce that he and other members of the Ordinance Review Committee would be walking on Dickson Street and measuring the noise. He stated the public was invited, and the committee would be open for discussion. WATER & SEWER COMMITTEE Mayor Hanna stated the Water & Sewer Committee met last night, and staff is working on the budget and the CIP projects for the water and sewer capital projects. They will meet again on August 24 at 4:00 p.m. in Room 326 of the City Hall. The primary discussion at the next meeting will be the 42/36 inch water line and sewer rehab projects. He stated the committee needs public input regarding project priority for the pay-as-you-go funds. August 17,. 1993 . _ LAND.USE PLAN PUBLIC HEARING., • Alderman. Daniel stated there would be a public hearing on Thursday, August 19, 1993 at 6:30 p.m. in Room 219 of City Hall. She encouraged.the public to attend. . .. Alett Little stated this meeting will also be a special meeting of the Planning Commission. Mayor Hanna stated on September 27 plan consultant will be present 2C-5 for a second public hearing to go over the changes that have been recommended by staff and public from this August 19 meeting. Alderman Miller stated he has had a lot of people asking about this plan, and he hopes all of these people attend the public hearings. • Mayor Hanna stated the Planning Department has 3 copies of the draft plan as well as each department head, alderman, and planning commissioner. There are 2 copies at the public library. Alderman Williams stated he hopes the meeting will be televised. Little stated she has made arrangements for thetmeeting to be filmed and broadcast at a later time. ADJOURNMENT The meetingadjourned at 7:19 p.m.