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HomeMy WebLinkAbout1994-04-05 Minutes68 MINUTES OF A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday,. April 5, 1994, at 6:30 p.m. in the Council Room of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. PRESENT: Mayor Fred Hanna; Aldermen Conrad Odom, Woody Bassett, Fred Vorsanger, Len Edens, Joe Box, Heather Daniel, Stephen Miller, and Kit Williams; City Attorney Jerry Rose; City Clerk Sherry Thomas; City Treasurer Glyndon Bunton; Administrative Services Director Ben Mayes; Planning 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. COMMUNITY..SERVICE AWARD Mayor Hanna presented the Community Service Award to Lois Day and Bill Dougan, representatives of the volunteers at the City of Fayetteville. Mrs. Day volunteers in theCityClerk's office, and Mr. Dougan volunteers at the Information Desk in City,Hall. He stated the City's volunteers perform a variety of services, and their work and time is greatly appreciated... c 4, e - OLD BUSINESS �t • Mayor Hanna introduced consideration •of items that have been brought before the Council but"were tabled oryno decision made to allow further information to be presented. y • L 4- A. CITY COUNCIL COMPENSATION: An ordinance amending the amount of monthly • compensation for aldermen of the City of Fayetteville. An ordinance increasing the amount from $350 to $750 per month was left on its first reading at the March 1, 1994 meeting. Mayor Hanna stated he has had several comments that the $750 figure is too high, and he would like to suggest the aldermen amend the ordinance and substitute $500 per month. Alderman Miller stated he has been on the Council for a while now, and he is not a rich person. He does not want just independently wealthy people running this City, either. He stated he loses about $400 per month salary from his job when he takes off to do City work. He feels $500 would be a better amount of compensation than the present $350. April 5, 1994 Miller, seconded by Daniel, made'a motion to amend the ordinance from , $750 •to,- $500 per month compensation. t Upon'roll • cally+:the' amendment passed by.a vote of- 6tlto 2, with Vorsanger and Edens voting no. City Attorney Rose -read the ordinance for the third time including the amendment,to $500.per:month`. , ' Alderman Bassettstated; he was opposed to ,increasing the City Council pay.. He feels $350 isenough.:,'There are so many needs in this town, and he does not feel -it wouldte'right,to increase the aldermen's pay.. , ,, h Alderman. Odom stated he voted'against aldermen.pay to,begin.iwith , He heard from a lot of people who felt the aldermen should be paid. However,: he. has now received as many calls;stating,the pay.should. stay at $350 per month. Alderman. Daniel stated she feels aldermen should be paid,°and she is in favor of a raise. Alderman Williams stated he feels the aldermen should be paid -as well, buthefeels the $350 per month is adequate. The regular City employees did not get a very large raise, and he is not in favor of, increasing the aldermen's pay. _ . Alderman Vorsanger stated he did not want to be paid in the first place. No one twisted his arm to make him run for office. He stated he is in favor of letting the next city council vote for their own salaries. Upon roll call, the ordinance to increase the aldermen salaries failed by a vote of 3 to 5, with Odom, Bassett, Vorsanger, Edens, and Williams voting no. B. REZONING R94-3 AND R94-4: Ordinances rezoning .76 acre from A71, Agricultural, to R -O, Residential -Office, and 10.18 acres located on the south side of Mission and east of Whippoorwill from A-1, Agriculture to R-1, -Low Density Residential, as requested by Mel Milholland on behalf of Sam Mathias. • The. Planning Commission voted 9-0-0 to recommend the rezoning. Mayor Hanna stated Alderman Daniel had proposed an amendment to the rezoning to increase the .76 acre to 1.01 acre so the developer would be required to go through the Large Scale Development process with the property: He stated the developer has agreed to comply - with the LSD process without dhanging'the rezoning requests. City Attorney Rose read the rezone ordinance for R94-3 for .76 acres for the .second time. .Odom, seconded by Williams, made a motion to further suspend the. rules and place the ordinance on its April 5, 1994 third 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 3767 APPEARS ON PAGE /37 OF ORDINANCE BOOK XX V// City Attorney Rose read the rezone ordinance for R94-4 for 10.18 acres for the second time. Williams, seconded by Odom, made a motion to further suspend the rules and place the ordinance on its third 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 3768 APPEARS ON PAGE /Y/ OF ORDINANCE BOOK ,y,y v// C. PUBLIC NUISANCE: Consideration of a request by citizens to declare River City, (Deja vue, Inc.) a public nuisance. Mayor Hanna stated the decision before the Council is whether or not to vote to declare River City a public nuisance. If this is done, the City Attorney will meet with both sides of this issue and come back to the Council with a time table in which to abate the public nuisance, and for River City to find another location. Alderman Bassett stated if the Council declares River City a public nuisance and something happens and River City does not move, where does the Council legally go from there. City Attorney Rose stated the next step would be to proceed with litigation. The statutory method would be for City Prosecutor Terry Jones to proceed on a nuisance petition consisting of 10 of the residents. If that is not possible, Rose stated he could file a suit against River City to abate the nuisance. Alderman Williams stated he was glad to hear from the owner of River City that they will be moving. He asked if the City declaring them a public nuisance would in any way impair their abilities to move their alcohol licenses with the ABC. Rose stated he did not know; this would be a question to be answered by the ABC. However, there is no legal effect on River City by the City Council declaring them a public nuisance. Alderman Bassett stated if the Council votes to declare River City a public nuisance, it should be stated they are doing so because of River City's location. He thinks it would take at least 60 days for the ABC to amend their licenses to a new location for River City. He feels the City should consider this time factor when setting the timetable. Alderman Miller stated the Unified Development Ordinance Committee is working on changing the ordinances so that this situation will April 5, 1994 never occur.•again. Dance halls will be a conditional use within7a zone and not automatically allowed:.. + - Alderman Daniel stated she feels it wilt take 2-3 months for them to relocate. Mike Hawkins,fattorney"for River City, stated they were going to move, but it is -going, to be difficult to set a; timeframe. Hopefully, , before`'the next `meeting, they. will- be able to get together and decide and report*back to the City Council. Alderman Bassett stated he feels there should be strong enforcement around the River City area until they get moved.' 1 Bassett, seconded by Odom, made a motion to declare River City a public nuisance because of their location adjacent to a -residential area. Alderman Odom stated he would like the timetable to be,discussed at the Council's next agenda setting session. d S. Alderman Miller stated he feels the"Council is setting a precedent because there are other. clubsthat are located in the wrong place: Alderman Bassett agreed there are some, clubs located in the wrong places, but each individual case would have to be looked at on its own merits. Mike Hawkins stated .the police report information he received was for the time period 1990 through 1994. A lot of the complaints ,were. for things happening 2-3 blocks away .from River City. Of 31 arrests, 8 were contributed to River City and 13 t''o other clubs. He stated he has three different petitions signed by people who oppose the closing of the club at its present location. He stated River City was planning to move, but they did>not want a really restrictive timeframe put on them. Jim Poe, owner of River City, stated he is notopposedto' moving. However, declaring River City a public nuisance could cause them to lose their licenses: Poe stated he would support -a resolution requiring River City to move, but he asked they not be declared a public nuisance. .'He stated they have received:enough bad press, and this could have an effect on his ability to get financing. ,Alderman Box stated the actions of the City Council are not making :River City a public nuisance. Either it is or it is not aptiublic nuisance, regardless. of what the City Council does. , Alderman Miller asked Poe if he had any idea about how long it would take him to relocate. k.. 71 April 5, 1994 Poe stated he was looking at property, some with existing buildings, but the process could take 9 months to a year to get all of his licensing moved and physically moved to a new location. Alderman Bassett stated he felt a year is too long. Rose stated he will get with River City and their attorney within the next two weeks and work out a moving timeframe. If he is unable to work out a timeframe, the Council can use legal means to forcibly move the club. Upon roll call, the motion to declare River City a public nuisance because of their location passed by a vote of 7 to 1, with Miller voting no. RESOLUTION 37-94 AS RECORDED IN THE CITY CLERK'S OFFICE Alderman Miller stated he was worried about the precedent this may set, so he voted no. Charles Howard asked about enforcement of the noise ordinance. Mayor Hanna stated he would be glad to discuss this with Mr. Howard in his office at anytime. D. GREENSPACE ORDINANCE: Consideration of an amendment to the Greenspace Ordinance. City Attorney Rose read the ordinance for the second time. Alderman Williams stated he has had meetings with the Parks & Recreation Advisory Board three times on this ordinance. They are in favor of the neighborhood parks not being owned by the homeowners associations, rather they want the City to own them. The ordinance was left on its second reading. 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 March 15, 1994 regular City Council meeting. B. A resolution granting a 10 foot vide utility easement to Southwestern Electric Power Company for power lines along the north side of City owned property at Indian Trail Road and Razorback Road. April 5, 1994 This property is Currently leased to the University ,:of_ Arkansas.. SWEPCO is requesting the easement so they can relocate their utility lines to the south side of Indian Trail Road. RESOLUTION 38-94 AS RECORDED IN THE CITY CLERK'S OFFICE_ C. A resolution awarding an additional $40,000. to Life.Styles, Inc., amending the original agreement dated December 21, 1993, and approval of a budget adjustment. • City Ordinance prohibited a lot"'split because the lot was too small. Therefore, Life Styles is requesting the additional $40,000 of HOME Grant Funds to purchase'an additional unit resulting in a total purchase of three duplexes or 6 units. • RESOLUTION 39-94 AS RECORDED IN THE CITY CLERK'S OFFICE D. A resolution approving a budget adjustment for $200,000 to transfer monies from the Excess CEC accumulated reserves held in the General Fund. to the Advertising & Promotion Fund. This money would be used to finance equipment replacement and upgrades at the Continuing Education Center as approved by the A&P Commission at their March 14, 1994 meeting. ! ' RESOLUTION 40-94 As RECORDED IN THE CITY CLERK'S OFFICE. A resolution approving a contract amendment in the amount of $13,900 with Milholland Engineering to complete the design and construction management of the proposed.new street - Mill Street Extension (Detention Center Road). a: - - The City agreed to construct this road initially in 1982. The project was funded in 1990. However, due to right-of-way acquisition problems and funding delays, the project is just now ready to proceed. The contract with Milholland was signed on August 20, 1990 in the amount of $21,600. Contract plans are about 70% complete, but the field staking and control have been lost. In addition, the basic costs have inflated over the four year delay. The project is scheduled to be bid in June or July, and the project should be completed within 60 to 90 days thereafter. RESOLUTION 41-94 AS RECORDED IN THE CITY CLERK'S OFFICE • A .resolution::approving Amendment No. 2 -to, the McClelland Consulting Engineers contract in the amount of $25,038.38 for the 36" Water Line and Storage Tanks project.: Changes in the design have been necessary; therefore, the scope of the project has amended. /5 April 5, 1994 RESOLUTION 42-94 AS RECORDED IN THE CITY CLERK'S OFFICE G. A resolution approving Amendment No. 3 with Milholland Engineers in the amount of $2,500 for services on the Stubblefield Road and Old Missouri Creek Improvements, and approval of a $33,450 budget adjustment. RESOLUTION 43-94 AS RECORDED IN THE CITY CLERK'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. RIGHT OF WAY VACATION Mayor Hanna introduced consideration of an ordinance vacating the Linda Lane Street right of way located one block south of Ash Street between Rayview Street and Walnut Street. There is no opposition to the closing. The Planning Commission voted unanimously to recommend the vacation. City Attorney Rose read the ordinance for the first time. Edens, 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 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 3769 APPEARS ON PAGE /93 OF ORDINANCE BOOK X X v// CONDEMNATION Mayor Hanna introduced consideration of an ordinance authorizing condemnation proceedings to acquire permanent and temporary easements on Tract No. S-119, Guisinger/Sager Property, for the 36" water line. The City's present offer is $9,300 for the easements. Mr. Sager's counter-offer is $50,000, or to restrict the easement to one water line only. Mayor Hanna stated this item was to be tabled until the April 19, 1994 meeting. REZONE R94-5 & R94-6 Mayor Hanna introduced consideration of property located on the north and south sides College Avenue as submitted by Jim McCord Brothers Leasing Company. ordinances rezoning of Longview, west of on behalf of Lewis /5 R94-5: Rezone 0, Residential R94-6: Rezone 0, Residential 1.03 acres from R-1, Low Density Residential, and R - Office, to C-2, Thoroughfare Commercial. 1.23 acres from R-1', Low Density Residential, and R - Office, to C-2, Thoroughfare Commercial. The Planning Commission voted 7-0-0 to approve the rezonings subject to a Bill of Assurance.limiting.the use of the properties. City Attorney Rose read the ordinance for Rezoning R94-5 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, 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. The City Attorney read the ordinance for the third time. Upon rollcall, the ordinance passed by.a vote,of:8.to 0.• • • Alderman Edens asked Jim McCord to elaborate on the. bill of assurance. McCord read.from the bill of assurance the prohibited - uses for the land:" ' 4 i- , . . . _,f k _ 4 - t • Upon roll call, the ordinance passed by a vote of -8 to 0. • ORDINANCE .3770 APPEARS.ON.PAGE°/YS OF ORDINANCE BOOR NY v //" City Attorney Rose read`the ordinance for Rezoning R94-6 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, 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 8 to 0.` The City Attorney read the ordinance for the M . third time. Upon roll call, the ordinance passed by a vote of 8 to 0. • • ORDINANCE 3771.APPEARS ON PAGE ./J7/ OF ORDINANCE BOOK `X X k tI,r , REZONE R94-8 • Mayor Hanna introduced consideration of an ordinance rezoning 21.75 acres located south of Skillern and east of Crossover Road from A- 1, Agricultural, to R-1, Low Density Residential; as,reguested by Truman Yancey on behalf of Gertrude Burson. The Planning Commission voted 9-0-0 to recommend the rezoning. Rose stated Mrs. -Burson has had a new survey ;done,+and the actual acreage is 20.99 acres rather than the 21.75 acres. April 5, 1994 City Attorney Rose read the ordinance for the first time. 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. Odom, 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. The City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3772 APPEARS ON PAGE /S7 OP ORDINANCE BOOR XX t 11 JACKSON PLACE APPEAL Mayor Hanna introduced an appeal filed by Alderman Fred Vorsanger to the Planning Commission decision to approve the preliminary plat of the proposed Jackson Place development. The City Council voted at their March 15, 1994 to hear this appeal. Alderman Vorsanger stated several of the area neighbors hired an engineer from Little Rock to perform another engineering study on the drainage situation. That is one of the three problems, the other two being traffic and density, on which the appeal was filed. Walt Stevens, a resident on Ranch Drive, stated he has talked with City leaders, and they agree this City has a problem with its infrastructure. There is no overstatements being made about this situation. He is concerned about what is happening to this town and would like to see stronger ordinances concerning subdivisions. He introduced William Graham, a consulting engineer from Little Rock, who was hired to review the City's and Mr. Milholland's engineering studies regarding drainage in the subdivision. William Graham stated the methodology used in the studies were correct, but they only used a 10 year rainfall measure and they should have used a 100 year rainfall measure. He stated he does not feel the box culvert will carry the run off from the water shed. He stated the Old Wire Road drainage structure has problems. He stated the City of Fayetteville does not have a detention basin ordinance, but most every other city does, and he recommends them. He stated the existing gas pipeline needs to be checked to make sure it is in compliance with the gas transmission pipeline act. The sewer sanitation line needs to be relocated. Alderman Williams asked if the subdivision is built as proposed, what are the main problems with the box culvert. Graham stated it is a drainage structure not large enough to handle the flow. The stream needs to be straightened out, increase the 77 April 5,, 1994 size • of 4 the culvert on 'Old Wire Road, and look at some • of the culverts upstream. Mayor Hanna asked City Engineer Bunn what he thought aboutthe size of the culverts, etc. Bunn stated he is aware there are problems with' some of the culverts. Some of the line may have to be relocated to solve some of the problems. They expect to offset increase in flows with repairs to the culverts. Alderman Vorsanger stated neighbors in the area are not against development, but they are concerned about the density and related problems with the run off water. This is a well established neighborhood that already has traffic and water problems. -He asked if the developer had given any thought to less density. Dick Rogers, owner Jackson Place, stated they have looked at the sizes of the lots, etc., and all of this has been addressed by the Planning Commission.`. He stated the City had. a very efficient staff, and if a development gets approved, it has been done right. Alderman Vorsanger. stated he did not want to argue, but he remembers several subdivisions where the people have comeback to the City to.get help with their problems, such as the Huntingdon subdivision with 'their drainage problems. Alderman Vorsanger stated the drainage in this City is pitiful in many subdivisions and on the major city streets. He wants a fair hearing for sll parties concerned,arid he feels this item should be sent back to the Planning Commission. . Mel Milholland stated this has been before the Planning Commission three times. He stated when we have a lot of rain, there are several areas in town that flood. This development will not cause a major problem for this area. There is already a problem that needs to be addressed. They have measured the`culvert and agree it is good for the 50 year flood plain. He stated there is a 299.2 acre drainage area east of the box culvert, and this subdivisiontis only 24.6 ares. The additional runoff from this subdivision will only amount to a 4L6% increase, but there will'also be help to the existing, problems: by the subdivisions drainage plans.. The water runs onto this property from surrounding areas, and not the other way around. He isasking the City Council to consider the fact _ that the Planning Commission has listened to:this two times, and the Corps of Engineers came to Fayetteville and gave a talk on this problem. He'stated he disagrees with Mr. Graham's report inthat he feels the rock arch can carry the 900 to 937"cfs. Alderman Miller stated he does not know why the Planning Commission did not require Ta dedicationof greenspace: - He stated the developer) -is planbing'to.fiil_in:.the-pond on the property,• and lot 57 will be built.on fill. He would never do this to a homeowner as April 5, 1994 he does not feel the ground will ever be stable. He feels there should be more trees left and make smaller lots. Milholland stated he has filled quite a few ponds in this area and the ground can be filled with rock and condensed well enough to be built on. In addition, the developer does not plan to slaughter trees; they plan to save as many as possible. Alderman Williams stated he too was concerned about saving the historic home and the pond. Milholland stated the density level in R-1 zoning allows for 4 lots per acre, and that would be close to 100 lots. The developer is only proposing 67 lots. This subdivision plat is 100% in compliance with City ordinances. He stated he respectfully requests permission to proceed on with the project. Rogers stated the average home in this subdivision will cost $125,000. That is nicer than a lot of the houses in the area. He is trying to build a subdivision that is commensurate with the surrounding neighborhoods. This will be a nice addition to the City of Fayetteville. Dr. Larry Tuttle stated he lives at 4 Ranch Drive, the street just west of this subdivision, and his backyard adjoins this subdivision. His principle objection is flooding. It occurs now. He feels the flooding will be worsened by this subdivision. The traffic from the subdivision will empty onto Highway 45 by the elementary school. The density for R-1 zoning might allow 4 lots per acre, but the developer could not get any more lots in this subdivision because of having to leave room for the high pressure gas lines that go through the property. He stated Mr. Perry asked the Planning Commission who would be responsible for the flooding that might occur later, and the Planning Commission told him the City would be responsible. He would like for this subdivision to have lots equal in size with the lots in the surrounding area. He would like to see the subdivision redesigned to be in compliance with the 2010 plan. He stated he is not opposed to growth, but he thinks the R-1 zoning law needs to be changed. Milholland stated the flooding questions were presented to the Corps of Engineers, and they have anticipated in their calculations for flooding the proposed additional subdivision. Alderman Williams asked if the neighborhood already experiences flooding, how can the new subdivision help. Milholland stated through channeling the water and improving the drainage. They do not want to flood anyone. Vorsanger, seconded by Williams, made a motion to return this to the Planning Commission with specific recommendations. April 5, 1994 79 Alderman=Vorsanger stated' he'would like to see the -drainage be reviewed in light of the new engineering study, the sewer impact checked into, and the greenspace requirements reviewed. Alderman Bassett stated if everyone always agreed, there would be no need for government. Mayor Hanna has scheduled a meeting Saturday to discuss growth and infrastructure problems. The City needs'growth, or it will become a dying town. Dick Rogers stated he is 'in • compliance with the existing ordinances. Alderman Miller stated he is against trampling the natural beauty of this area because of trying to maximize the dollar. Upon roll call, the motion to send this back to the Planning Commission passed'by a vote of 8 to 0. Milholland stated he .represents clients who spend-thousandstof dollars on subdivisions. He asked the Council at what point can they rely on the ordinances that are on the books now? �.r.. Alderman Williams stated he feels the Council has made their decision based on the drainage ordinances that are on the books. now. • • Alderman Odom stated he feels they have heard a questionsabout the specific drainage ordinance, he feels this should be looked into. Dr. Tuttle pointed out Section 159.48 of the Fayetteville Code of Ordinances that requires a subdivision to be fit for development based on topographical maps. .t - RESOLUTION 44-94 AS RECORDED IN TBE CITY CLERK'S OFFICE BILLPOSTING .ORDINANCE Mayor Hanna introduced consideration ofan ordinance amending Section 110.01(B) Billposting to include making it unlawful to post bills on vehicles and to make it unlawful for those who cause illegal billposting.' j City Attorney Rose .read the.;ordinance for the first time: 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 t 0, and the City Attorney read the ordinance for the second time.,;Miller,.seconded'by•Daniel, made a motion to further suspend the.rulesand..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..r s. .: ..... April 5, 1994 Rose stated this will make two changes to the existing ordinance, it would add "vehicle" and make it unlawful for the person who causes the bills to be posted. Alderman Edens asked what happens when someone violates the law. Rose stated it is a misdemeanor, and offenders can be charged seen by an officer or if charged by the prosecutor. Alderman Bassett asked mail boxes. if if this would apply to materials left on Rose stated he feels it would. problem because we are talking problems as well. He does not groups who put things on doors; examine this. He stated this is a difficult about commercial free speech feel the City can outlaw those however, he would be glad to upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3773 APPEARS ON PAGE /6-1 OF ORDINANCE BOOK )(411,// EARTHCARE SYSTEMS Mayor Hanna introduced consideration of a resolution supporting EarthCare Systems, Inc., in their licensing procedures with the Department of Pollution Control and Ecology for a pilot municipal composting program. Alderman Miller stated composting systems work. He feels EarthCare has a valid and usable program. They have a potential site in Lincoln. He is proposing the Council pass a resolution requesting DPC&E grant them permits to try a pilot program. Both the Four County Solid Waste Management Authority and Washington County have endorsed this company. Miller, seconded by Bassett, made a motion to approve the resolution. Fran Alexander stated there is a particular hierarchy that needs to be followed, and composting is only a portion of it. She distributed a handout to the City Council regarding composting and its potential pitfalls. She asked who would own the compost and would be ultimately liable for it. Alderman Miller stated he appreciated Alexander's concern. He stated the City will be building a MRF to enable us to divide out the different types of composting materials. Alderman Box stated the city uses landfills now, and the City is forever responsible. He understands after compost is sold, the City would no longer be liable. ILJ April 5, 1994 Jerry Paddock,,. president of Earthcare, statedr they test.=•their product Phe.onlys thing beforel the'Council at this.timeis a resolution that*supports the&pilot project and its licensing. • Alderman Daniel asked -where the'pilot project.would be located. Paddock stated in Lincoln. in west -Washington County. �� Upon roll call, the resolution passed by a vote of 8 to O. 1. RESOLUTION 45-94 AS RECORDED IN THE CITY CLERK'S OFFICE OTHER BUSINESS BID WAIVER Mayor Hanna introduced consideration of a bid waiver to replace.a collapsed tile on:Valley Drive at the intersection of Porter Road with a concrete box culvert._. The street is -closed pending the replacement of the culvert. The approximate cost of repair is $12,000, and he requested an emergency'clause on the..ordinance.•:•- City Attorney 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. Uponroll 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:. The City Attorney read the ordinance for -the third time. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3774 APPEARS ON PAGE./60 OF ORDINANCE BOOR X X v // Upon roll call, the emergency clause passed by a vote of 8 to 0. RAZORBACK. BASKETBALL TEAM Alderman Vorsanger stated there would be a rally in Walton Arena at 6:30 p.m. on Wednesday, April 6, to honor the National Champion Razorback Basketball/Team. Alderman Daniel stated she wanted to commend the people and studentswhobehaved so well on Dickson Street considering all of the excitement following the victory. ADJOURNMENT The meeting adjourned at 9:38 p.m.