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HomeMy WebLinkAbout1993-12-21 MinutesMINUTES OF A MEETING OF THE,CITY COUNCIL A meeting of the Fayetteville City Council was held:on Tuesday, December 21, 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, Joe Box (arrived late), Heather Daniel, •Stephen Miller, Kit CWilliams, 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. OLD BUSINESS Items that have been brought before the Council but were tabled or no decision made to allow further information to be presented. f A. An ordinance waiving the requirements of competitive bidding to award the public access contract to Access 4 Fayetteville; Inc., a/k/a/ Community Access Television, for the period, January 1, 1994 through December 311 1994. City Attorney Jerry Rose read the ordinance. Vorsanger, 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 7 to 0, and 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 7 to 0, and the City Attorney read the ordinance for the third time. Alderman Miller asked if this was basically Alderman Bassett's proposal. Mayor Hanna stated it was the same contract with only a change in the funding for public access television. Rose stated it was the same contract that has previously been entered into except the contract is payable in monthly installments of $4,166.66 during the 1 year term. The contract can be renewed for 3 consecutive 1 year terms. Alderman Miller stated he had proposed a couple of amendments that had never been addressed dealing with training for low income people and students. He asked if this had been addressed by Access 4. • e December 21, 1993 Marge Zinke stated their program already included working with low income people and students. They are also working on some grants through the schools. Upon roll call, the ordinance was adopted by a vote of 7 to 0. ORDINANCE 3746 APPEARS ON PAGE 7s OF ORDINANCE BOOK XX V// 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": Mayor Hanna stated items E and I were to be removed from the Consent Agenda and voted on separately. A. Minutes of the December 7, 1993 regular City Council meeting and the December 14, 1993 special City Council meeting. B. A resolution approving a lease modification with Republic Parking Systems to increase the public parking rates at the Fayetteville Municipal Airport. The Airport Board approved the rate proposals at their November 4 meeting. This is the first rate increase in 3 years, and the increase is in line with rates of similar size airports across the country. RESOLUTION 130-93 AS RECORDED IN THE CITY CLERK'S OFFICE C. A resolution approving four lease agreements with Avis, Budget, Hertz, and National Rent-A-Car agencies. These are 5 year agreements to provide rental car services. The rates are 5% of gross revenues or payment of a minimum annual guarantee of $45,000 for each of the four operators and are retroactive to November 1, 1993. RESOLUTION 131-93 AS RECORDED IN THE CITY CLERK'S OFFICE D. A resolution allowing the contingency funds for the Benson Construction Sewer Rehabilitation contract to be used as a project contingency and be applied to the engineering costs. These funds have been approved as a contingency by Resolution 54-93, and the total cost of the project will not increase. However, the contingency funds are needed for the engineering fees which are higher than expected due to the longer than expected time to complete construction phase of the project. 3U5 -December 21, 1993/ RESOLUTION -132-93 AS RECORDED IN THE CITY CLERK'S OFFICE Removed from the Consent Agenda. F. .A resolution approving a 6 month contract extension with Operations Management International, Inc., (OMI) for the operation and management of the Waste Water Treatment Plant. The City's currentcontract expires on December 31, 1993. This extension will allow time for the contract to be re -bid. • RESOLUTION 133-93 AS RECORDED IN THE CITY CLERK'S OFFICE G. A resolution approving a budget adjustment transferring the remaining funds from the Management Fund to General Fund. This will transfer the remaining $300,000 from the Management Fund and close the fund for 1993. RESOLUTION 134-93 AS RECORDED IN THE CITY CLERK'S OFFICE H. -A resolution approving a budget adjustment establishing the funding to construct two multi-purpose buildings for use as community centers. The $240,000 is from the residual equity transfer •that resulted from merging the Management Fund into General Fund. RESOLUTION 135-93 AS RECORDED IN THE CITY CLERK'S OFFICE I. Removed from the Consent Agenda. Williams, seconded by Miller, made a motion to approve the Consent Agenda. Upon roll call, the motion passed by a vote of 8 to 0. Item E A resolution awarding Home Grant Funds to Life Styles, Inc., and approval of a budget adjustment to establish the transfer of the award of $100,000 for 1993 and $105,000 for 1994. This grant will be used by Life Styles to purchase 5 duplex units, rent 4 units to selected program clients, and have.a trained person living in the other unit to provide support. 1 Alderman Williams stated he believes this program to develop affordable housing is an example of Fayetteville's spirit of cooperation and listening to citizens. He feels tonight is the first step to answer the ,requests for affordable, accessible housing. He is •also pleased to be working. with Life Styles on this. December 21, 1993 Alderman Bassett stated Life Styles is a great program, and this is something this community really needs. Alderman Daniel stated Life Styles is her neighbor, and they are very good neighbors. She is proud they are in her ward. Daniel, seconded by Box, made a motion to approve the Home Grant Funds to Life Styles, Inc. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 136-93 AS RECORDED IN THE CITY CLERK'S OFFICE Item I Resolutions approving the Farmington and Greenland sewer line and lift station maintenance contracts. This is a renewal of the original contract that was approved in 1979. The proposed new agreements are much like the originals except they (1) contain provisions for pretreatment of industrial waste and (2) they address the problems of infiltration and inflow. Rose stated City Engineer Don Bunn said the City of Farmington has not had a chance to review their contract, and would like to have their portion of this item pulled. However, the City of Greenland has approved the contract with two minor modifications. In paragraph 1, they wanted the word "customers" replaced with "Greenland citizens". In paragraph 20, they wanted Fayetteville's obligation to notify in the event of termination of the contract to be one year in advance. Vorsanger, seconded by Edens, made a motion to approve the contract with the City of Greenland. Upon roll call, the motion passed by a vote of 8 to O. RESOLUTION 137-93 AS RECORDED IN THE CITY CLERK'S OFFICE CONDEMNATION FOR KEARNEY PROPERTY Mayor Hanna introduced consideration of an ordinance authorizing condemnation proceedings on Tracts 52 and 53 for avigation (airspace) easements on property owned by Kearney National which is required in conjunction with the Airport Obstruction Lighting & Removal Project. Kearney stated they will not accept the offer made to them for this easement, and neither will they have a counteroffer. However, they will not contest the condemnation proceedings. (The appraisal report is available for inspection in the City Clerk's office.) City Attorney Jerry Rose read the ordinance. Vorsanger, seconded by Williams, 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, and the City Attorney read the ordinance for JO/ ,December 21, 1993;., the-second time. Box, seconded by Daniel, 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, and the City Attorney read the ordinance for the third time. Alderman Williams asked if Kearney wants the City to begin condemnation proceedings. Mayor Hanna stated Kearney said they would neither condone nor object to the condemnation. For any possible liability exposure they may have, they want the City to condemn rather than to outright sell the easement to the City. Upon roll call, the ordinance passed by a vote. of 8 to 0. ORDINANCE 3747 APPEARS ON PAGE 87 OF ORDINANCE BOOK X X Y!f CONDEMNATION FOR STANDARD REGISTER PROPERTY Mayor Hanna introduced consideration of an ordinance authorizing condemnation proceedings on Tract 50 for an avigation easement on property owned by Standard Register which is required in conjunction with the Airport Obstruction Lighting & Removal Project. Standard Register rejected the City's offer. W.D. Schock Company, the Airport's acquisition consultant, recommends the condemnation. (The appraisal report is available for inspection:in the City Clerk's office.) City Attorney Jerry Rose read the ordinance. Williams, seconded by Edens,\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, and the City Attorney 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 third and final reading. Upon roll call, the motion passed by a vote of 8 to 0, and the City Attorney read the ordinance for the third time. Alderman Box stated he did not find in the agenda materials,,that Standard Register did not object to this condemnation. Rose stated Standard Register does object. But, this is only..an avigation easement, and the City is being required to obtain and'. , clear this space. • Dale Frederick, Airport Manager, stated a clear approach hasitobe maintained, and this is part of the Federal Aviation Administration mandated project. . Alderman Vorsanger stated the City has no choice but to do what the FAA has told us to-do. - December 21, 1993 Frederick stated if the City did not acquire this easement, the airport would lose its minimum standards which would render it useless in any conditions other than VFR. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3748 APPEARS ON PAGE 87 OF ORDINANCE BOOK )(X Y !I }1NNEXATION & REZONE R93-22 Mayor Hanna introduced consideration of an ordinance annexing 233 acres located on the east side of Salem Road and north of Mt. Comfort and rezoning the land from A-1, Agricultural, to R-1, Low Density Residential, as requested by Mel Milholland on behalf of Howard Davis for JED Development. The Planning Commission voted 6- 2-0 to recommend the annexation and rezoning subject to phasing the entire development to planned infrastructure improvements. City Attorney Jerry Rose read the ordinance. Williams, 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, and the City Attorney read the ordinance for the second time. Miller, seconded by Edens, 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, and the City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3749 APPEARS ON PAGE % OF ORDINANCE BOOK XX vi/ REZONE R93-50 Mayor Hanna introduced consideration of an ordinance rezoning .97 acres located at 2220 E. Huntsville Road from R-1, Low Density Residential, to I-2, General Industrial, as requested by Jim and Danny Watson. The Planning Commission voted 8-0-0 to recommend the rezoning subject to a Bill of Assurance offered by the applicant restricting the use of the site only for meat packing purposes. City Attorney Jerry Rose read the ordinance. Williams, 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, and 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, and the City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3750 APPEARS ON PAGE 97 OF ORDINANCE BOOK XX VII I December 21, 1993Y REZONE R93-51 Mayor Hanna introduced consideration of an ordinance rezoning 8.51 acres located on the southwest corner of Highway 112 and Deane Solomon Road from A-1, Agricultural, to R-1, Low Density Residential, as requested by Dave Jorgensen on behalf of Jim Wheeler. The Planning Commission voted 8-0-0 to recommend the rezoning. City Attorney Jerry Rose read the ordinance. Miller, seconded by Vorsanger, 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 7 to 0, and the City Attorney read the ordinance for the.second time. Vorsanger, seconded by Daniel, 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 7 to 0, and the City Attorney read the ordinance for the third time. Alderman Miller asked if there was a tree preservation plan in place. Alett Little stated the engineer, Dave Jorgensen, has presented a tree preservation plan. The Planning Department has established a policy that no plat will be sent to the Plat Review Committee unless a tree preservation plan goes along with it. Upon roll call, the ordinance passed by a vote of 7 to 0, with Alderman Williams absent at roll call. ORDINANCE 3751 APPEARS ON PAGE /0/ OP ORDINANCE BOOR .r X V//. REZONE R93-52 Mayor Hanna introduced consideration of an ordinance rezoning .37 acres located at 1625 N. Giles Road from A-1, Agricultural, to R-1, Low Density Residential, as requested by Martin and Beatrice Groff. The Planning Commission voted 6-2-0 to recommend the rezoning. City. Attorney Jerry Rose read the ordinance. Miller, seconded by Vorsanger, made a motion to suspend the rules and place ithe ordinance on its second reading. Upon roll call, the motion passed by a vote of 7 to 0, and the City Attorney read the ordinance for the second time. Box, 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 7 to 0, and the City Attorney read the ordinance for the third time. µ Upon roll call, the ordinance passed by a vote of 7 to 0, with Alderman Williams absent at roll call. ORDINANCE 3752 APPEARS ON PAGE /03 OF ORDINANCE BOOR X X V /l V December 21, 1993 REZONE R93-53 Mayor Hanna introduced consideration of an ordinance rezoning 3.90 acres located on the east side of Gregg Avenue and north of Sycamore from R-1, Low Density Residential, to R-2, Medium Density Residential, as requested by Tom Buysee. The Planning Commission voted 6-2-0 to recommend the rezoning contingent upon a Bill of Assurance being offered by the applicant. City Attorney Jerry Rose read the ordinance. Box, seconded by Edens, 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, and the City Attorney read the ordinance for the second time. Box, 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, and the City Attorney read the ordinance for the third time. Alderman Box stated this was approved by the Planning Commission subject to a bill of assurance. He asked how those work and if they are binding. Little stated the bill of assurance has been signed by the land owners. They are binding and are filed with the county courthouse, which makes the bill of assurance run with the land. The Planning Department notes the bill of assurance on property plats to help enforce them. Alderman Williams asked if the bill of assurance included the 100 foot buffer. Little stated the bill of assurance states the developer will follow the model they submitted, and the model included the 100 foot buffer and a tree preservation plan. Alderman Daniel stated she thought this was a very well thought out project. The neighbors asked about the height of the buildings. She stated the highest building is to be three stories. Little stated it is to be three stories at one point, and the remaining will be two stories or less. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3753 APPEARS ON PAGE los OF ORDINANCE BOOK XX V /1 STREET NAME CHANGE Mayor Hanna introduced consideration of an ordinance changing the one -block section of W. Center Street to Haskell Heights as requested by Cyrus and Martha Sutherland and Mrs. Jane Steele. The Planning Commission voted 8-0-0 to recommend the name change. December 21, 1993;`' City Attorney Jerry Rose read the ordinance. Vorsanger,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., and the City Attorney read the ordinance for the second time. Edens, seconded by Box, 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, and the City Attorney read the ordinance for the third time. Alderman Miller asked if this change- would• affect the 911 efficiency. He also asked who was responsible for paying the cost of•the new street sign. Little stated it was 911 that had asked for thename change. The street used to be Haskell Heights, and waschanged to Center Street. The residents are having trouble getting their mail, and some of the letters sent out informing the residents of this meeting were returned. The street signs cost about $50 each, and she stated the City could ask the residents to pay for that. cost. Alderman Williams stated under normal circumstances, he could see asking for reimbursement. However, since the City changed the name, he felt the City should pay the cost of putting the original name back up. ._ Upon•roll.call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3754 APPEARS ON PAGE /10 OF ORDINANCE BOOR ,(X v // SOLID WASTE ORDINANCE Mayor Hanna introduced consideration of an ordinance amending the Solid Waste Ordinance. This amendment will include (1) Yard Waste Subscription Service and (2) charging for materials brought to the Composting Facility: City Attorney Jerry Rose read the ordinance. Miller, seconded by Vorsanger, 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, and the City Attorney read the ordinance for the second time. Miller,seconded by Box, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passedby a vote of 8 to 0, and the City Attorney read the ordinance for the third time. Alderman Daniel stated this seems to be a well thought out plan. She asked if there were still 2 free pick ups per year for yard waste. Kevin Crosson stated there were -still 2 free per year. December 21, 1993 Alderman Daniel asked if citizens could still drop off waste at the compost site. Crosson stated City of Fayetteville residents can drop off waste free of charge. Alderman Williams asked if there would be any transition time. Crosson stated there was no emergency clause on the ordinance, so it would not take effect for 30 days. Alderman Miller stated he thought this subscription services is good because he hates to see garbage trucks driving around the City on Wednesdays hunting leaf bags. He asked if we had a provision to keep people from slipping yard waste into their regular garbage. Crosson stated there was no contingency plan for this. However, because yard waste is so bulky, it should not cause a problem. If it does, that will be discussed with the Environmental Concerns Committee. Alderman Miller stated he felt $24 per year was a bargain. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3755 APPEARS ON PAGE /// OP ORDINANCE BOOR XX V// NOMINATING COMMITTEE REPORT Mayor Hanna introduced consideration of nominations to fill vacancies on the Planning Commission. Alderman Edens, seconded by Vorsanger, made a motion to appoint Gary Head, Jerry Allred and Phyllis Johnson to fill the 4 -year terms on the Planning Commission, and to appoint Joe Tarvin to fill the 2 year unexpired term. Upon roll call, the motion passed by a vote of 8 to 0. OTHER BUSINESS Aaenda Session Alderman Vorsanger suggested the Council hold the Agenda Session for the January 4 meeting at this time since it has been canceled for next week due to the holidays. The Council decided this was okay. ADJOURNMENT The meeting adjourned at 7:20 p.m. 1