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HomeMy WebLinkAbout1994-04-19 MinutesMINUTES OF A MEETING OF THE CITY COUNCIL .. ; .. ..4.: r , .. « rt.:r,;. A meeting.of.the Fayetteville City:Council.,wasiheld on Tuesday,:_ April 19,. 1994, at -6:30 p.m. blithe Council` Room •of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. SL { - PRESENT: Mayor Fred{ Hanna; Aldermen Woody Bassett, Fred Vorsanger, Len Edens, Joe'Box,Heather Daniel, Stephen Miller, Kit Williams, and Conrad Odom;. City Attorney Jerry Rose; City Clerk .Sherry :4Thomas;1 City' tTreasurer_•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. . FAYETTEVILLE HIGH SCHOOL GIRL'S BASKETBALL. TEAM Mayor Hanna introduced a resolution recognizing the Fayetteville High School Girls' Basketball Team, which recently won the state tournament, and recognizing Kari Tannenberger., who is the all-time high scorer at FHS. Alderman Edens readthe resolution recognizing the team and Ms. Tannenberger. INCINERATOR LAWSUIT UPDATE Kitty Gay, Niblock Law Firm, stated oral arguments in the incinerator lawsuit appeal were presented before the Arkansas Supreme Court. The justices did not ask many questions, as is the expected course of action. Rather, they were concerned with the procedural issues of the case --whether or not the case was right for appeal. She states she feels the supreme court may kick the case back to the trial court level with instructions to finish all third party and cross claims before an appeal is filed to the supreme court. • Alderman Bassett asked how long Gay felt it would be before the appeal would be back before the supreme court if it is returned to the lower court. Gay stated she did not know, first, the appeal would have to be refiled by the plaintiff, Katherine Barnhart. She stated either party could go before the judge and plead that delaying the case any longer would be a hardship on the citizens of Fayetteville, and request the appeal be heard as soon as possible. Another option for the City would be to take non -suits against the third party defendents and the cross claims that would make the order the judge 8s April 19, 1994 entered on the case its final order. Then it would be ready to go before the supreme court. The third option for the City would be to go forward with the underlying litigation without the. issue being decided by the supreme court on the waste disposal agreement. Alderman Bassett stated if the waste Supply agreement is found to be illegal, there would be no reason for lawsuits against the third party defendents. He asked if Gay agreed with this. Gay stated she did not agree. She stated the lawsuits will be valid regardless of the outcome of the.suit filed by Barnhart. Alderman Bassett asked how the City would get over the argument of comparative fault since the project was cancelled as a result of a. non-binding vote. Gay stated the City would not be' in this position rif-it,had not been for the third parties whodet the City get into this position. 11 f. Alderman Bassett asked if the' City Council voted. to non -suit the third party claims 'could, they case get back before the .,supreme court in 24-48 hours.'- F .4 > . Gay stated she could try. Alderman Bassett asked if the City could refile the•third party suits within one year from the time of filing the non -suits. . Gay stated the City could refile these suits. However, Gaystated it would be her recommendation to wait and see what the supreme court does rather than to non -suit too quickly. • 1 • Alderman Williams stated $3,000 per day. He would getting back before the However, he stated he was about this. this lawsuit is costing the citizens like to find,a way on taking a shot at supreme court as quickly as possible. not prepared tonight to make a decision Alderman Bassett stated he did not feel the City would be giving.up anything by filing non -suits on the third party claims since the suits can be refiled•if done so within a year. Bassett, seconded by Odom, made a motion to direct the city's attorneys to take non -suits tomorrow .and get an order from the judge tomorrow and fed -ex the order to the Arkansas Supreme Court and ask the clerk of the court to distribute the -supplemental record to the justices immediately and get the City back before the supreme, court asquickly as possible. Alderman Bassett stated this suit is out of control. As it is, it• could take 6 to 8 or even 12 more months before. the case comes back to the supreme court. April 19, 1994 Mayor Hanna stated he agrees with Alderman Bassett. He feels it is time for the City Council to take the initiative and do something with this case. Alderman Vorsanger asked if the non -suits would be taken against all third party defendents. Gay stated that was correct. But, there are also cross-claims against Financial Guaranty and Union National Bank that will have to be non -suited as well. She stated she would also have to look into the federal case that was filed with this lawsuit. She stated there could be a problem associated with the federal case. She will have to research this to determine the best route for the City. Alderman Vorsanger stated he was confused because the City won this case at the lower court level. He asked why the plaintiff was not the one with the burden of proof rather than the City in this appeal. Gay stated the burden is that the City is the one losing the money each day this case is pending. She stated her firm has been trying to move this case to conclusion and has done so for the past 5 years. Alderman Bassett stated he could not believe the process has drug out this long. Gay stated there have been several reasons it has taken so long including the process involved with certification of the class. Financial Guaranty appealed the class certification, which delayed the case for over a year. The City has had no control over these types of delays. Alderman Bassett stated he did not know about the federal lawsuit associated with this case. Gay stated she was really cold on that file, but it was filed several years ago in an attempt to go to federal court and get an appeal from Judge Waters' decision. City Attorney Rose stated there is no doubt the City needs to get this case over with as quickly as possible. However, he would take the advice of the City's attorneys and not make any moves at this time. Mayor Hanna asked if the City could lose its right to make a claim against the insurance company. Gay stated that was a possibility. Financial Guaranty would be going against the City, and the citizens deserve the right to be able to file against the insurance company. Gay stated she does April 19, 1994;; not want -:to see .the Council get into a panic attack, -yet. The supreme court could rule in:favor of the City. If they kick the case back on procedual grounds, it should be done so -quickly. Alderman Bassett asked when the case would go back to the supreme court. Gay stated that isnot up to the City. Barnhart would have to re- file her appeal. Alderman Bassett stated he felt it would be irresponsible to push this motion in light of the City's attorneys advising not to. Bassett withdrew his motion. Odom withdrew his second to the motion. Mayor Hanna asked Ms. Gay to review the federal case that was filed and report back to the City Attorney if there is any need for.a special council meeting. Alderman Vorsanger stated, in all fairness, what is the`$3,000 per day. He statedfiwhat the City is dosing is.thecdifference in interest between what the City is paying on the bonds and what the City is collecting.on,.the money being held to pay off the bonds.r The City does not 0we-422. milion.. There is 1/2 of this in the bank... He stated he is concerned about the .City._not applying -the $2.02 that is collected each month to payingoffthis debt. Mayor Hanna•stated the&City can't apply this money, yet. That is what the lawsuit has°been filed about. , Alderman Vorsanger asked if the City has been meeting its debt service. Ben Mayes 'stated yes. Alderman Bassett- stated the City ,will have -to increase the disengagement fee to pay off this debt. The difference started out at $7 million, and it, is now up to $11 million. Alderman Vorsanger stated the people voted to stop. the incinerator project and to pay off the debt. Both of these questions were on the ballot. John Everett, a local attorney, stated the federal suitwas not non -suited, rather it. was dismissed. ,_ Mayor Hanna stated City Attorney Rose would be incontactwith the Niblock Law, firm tomorrow,'.andif-a-special Council.meeting is t.- needed, the aldermanwill be notified.. 1 , • April 19, 1994 OLD BUSINESS Mayor Hanna introduced considerationof items that have been brought before the Council but were tabled or no decision made to allow further information to be presented. A. GREENSPACE ORDINANCE: Consideration of an amendment to the areenspace Ordinance. This ordinance was left on its second reading at the Council's April 5, 1994 meeting. Alderman Williams stated this item will be left on the table until the next Council meeting. (At this time, Alderman Williams left the meeting.) B. RIVER CITY: A report on the status of relocating River City. City Attorney Rose stated he met twice with River City but they have no firm time lines for moving. They have some alternatives about building and moving they are working on. The new conditional use ordinance is making it hard for them to obtain financing and to be able to come up with a firm date. He stated it would be acceptable to River City if the City formed a group for them to get with and discuss their plans. Rose stated he talked with Ms. Davis, Ron Bumpass, and the Hunnicutts, and they feel 3 months should be the maximum time allowed for relocation. Rose stated the Council has several options to consider. First, the Council could instruct him to use legal means to close River City. He has talked with County Prosecutor Terry Jones about this issue. Second, the Council could meet or instruct him to meet with River City on a regular basis until they get moved. Third, the Council could use a combination of these. Mayor Hanna stated he knows River City is actively looking for another location. He is opposed to forming another committee. He feels the discussions regarding River City should be public, and they should continue to talk with the City Attorney. Mrs. Hunnicutt asked what protection the neighborhood had against this "looking for another location" did not go on forever. Alderman Bassett stated River City has to be given a resonable time to move. If the City filed a lawsuit tomorrow, it would still take time to get River City closed. There have been a number of complaints about under age drinking violations. The City has asked the police department to work on this. There cannot be selective enforcement of the alcohol laws just for River City and not every place else in town. However, he, too, wants to see the situation resolved as quickly as possible. April 19, 1994 Alderman. Odom stated if he•sees River City not taking action toward making a move, he would vote to take action to close them down. Mayor Hanna stated the police deparment made 47 arrests over the weekend for alcohol related offenses. Only 6 of these were River • City patrons.. Alderman Miller stated he went to River City the other night, and it was a really quiet place. He stated people are probably afraid to come there anymore with all of this publicity. Ms. Hunnicutt stated she did not want to wait 6 months to a year to get this resolved Alderman Daniel stated she felt putting River City on the agenda for each meeting until this gets resolved is a good idea. ._.. John Everett,.representing River City, stated his clients want to relocate as soon as possible. ' s Mayor Hanna asked Everett to report to the City Attorney. -every two. weeks. . 4, a - _ .. Y q. wi p CONSENT AGENDA 1 4 % 1 . . . Mayor Hanna introduced considerationof 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 April 5, 1994 regular City,Council meeting.:.i t.A resolution.approving payment of $3,002.58 to the-Niblock Law. Firm for services rendered on the incinerator disengagement lawsuit for the period of November 1993(through March 1994. f RESOLUTION 46-94 AS RECORDED IN THE CITY CLERKE 'S OFFICE , • t. C. A resolution approving the erenewal of a contract with Community Resource Group, Inc., in the amount of $45,000 to provide drivers for the Fayetteville Trolley Service. RESOLUTION 47-94 AS RECORDED IN THE CITY CLERK'S OFFICE D. A resolution designating the Walton Arts Center Council as the' official arts organization in Fayetteville and supporting its .efforts in promoting,awareness and encouraging participation in the arts. This is) a required step for. the Arts Council:-in.seeking funding from the National Endowment -for=the ,,Arts.LOCALS program. April 19, 1994 RESOLUTION 48-94 A8 RECORDED IN THE CITY CLERK'S OFFICE E. A resolution authorising the transfer of the Certificate of Public Convenience and Necessity for Wheelchair Transit from Wheelchair Transit, Inc., to the new owner, the Northwest Arkansas Rehabilitation Hospital. RESOLUTION 49-94 AS RECORDED IN THE CITY CLERK'S OFFICE Alderman Miller stated he has not seen any passengers on the trolley. Mayor Hanna stated the ridership is up to about 40 passengers per day. Ridership has doubled every month since the trolley has been operating. He fully expects the trolley to be successful given a little time. Miller, agenda. seconded by Box, made a motion to approve the consent Upon roll call, the motion passed by a vote of 7 to 0. CONDEMNATION Mayor Hanna introduced consideration of an ordinance authorizing condemnation proceedings to acquire permanent and temporary easements on Tract No. S-119, the Guisinger/Sager Property, for the 36" Water Line project. 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. City Attorney Rose read the ordinance for the first time. Rose stated the City is trying to condemn a 30 foot easement on the edge of the property along Deane Solomon Road and a 50 foot temporary construction easement. Rose stated the City normally gets a general utility easement and a right-of-way grant that allows them to do several things. The City is seeking the standard easement and right-of-way grant it always uses in this type of situation. Mr. Sager wants the City to modify the agreemnt. He thinks the City does not need a 50 foot temporary construction easement. He only wants the easement used for the 36" water line and nothing else. Rose stated he does not feel this would be a wise move for the City. If the City ever needed this easement for another line, they would have to pay Mr. Sager again for the easement. Rose pointed out the standard easement agreements have never been modified for anyone else. Don Sager stated he read the entire agreement, and the City is asking for total, unlimited use of this land forever. He stated the price the City is offering is not the question. He stated if the City wants to lay another water line, do it now when laying the 36" water line and only tear up the land once. He has trouble with the agreement about a possible sewer line where the agreement says and any "appurtenances". The City could put in a sewer pump station on his land, and he would have nothing to say about it. He stated there •°is - a big'; difference- .between .transmission:.: and distribution lines. Alderman Daniel stated she did not see a home on this property, so why is .Sager so concerned about tearing up the land.. Sager stated he has a proposal'from some investors who want to buy the property. -The buyer is not .interested in giving up any of.this land. .- • Kevin Crosson stated the permanent -easement is locatedwithinthe building setback requirement/so no'one would be able to build on that area.anyway. Alderman. Edens asked how the easement could hinder a business going in -if you could not build on:the land anyway. Sager stated one of the terms in the agreement is appurtenances. That is what is unagreeable to him. Don Bunn,- City:Engineer, stated the -City would not put •a pump station on an easement of.this type. Appurtances in this agreement: refers to fire hydrants, man holes, or meters. Mayor Hanna asked if'the City anticipates putting in another water. line or a sewer line. Bunn stated no to the water line, but he was not sure about7arsewer line. Crosson stated property is located out by the industrial park,.and the; City does not know what might be needed in the future for development. Bunn stated he did not feel it would be in the best interest of=the City to. restrict the easement to only one water line. • Alderman Daniel stated the development in that area prepared. • prediction is there will.be a-lot.of of town, ;and the City needs to be Sager stated thedeveloperd would` be•the,ones responsible for putting in sewer lines. t Alderman Vorsanger asked`Sager what he would be comfortablelwith. Sager -stated for thewordingto be for right -of -way -to construct the 36" water•1-ine and ,for,'additional consent by the property owner . if the City wantstolay.another line.', Rose stated the City could end up paying.Sager twice easement. The City has not done this for anyone else for the.same in the past. April 19, 1994 Alderman Edens stated he is building a commercial building and experiencing this same sitution. He does not see the disadvantage. Crosson stated the agreement could be modified by saying the City will not put in a pump station. Alderman Daniel stated she does not want the City to get boxed in by this agreement. Alderman Odom stated the Council could vote to condemn the property, and the agreement could be worked out later on. Mayor Hanna stated the ordinance could be left on its first reading and allow staff time to work with Sager about the agreement. The ordinance was left on its first reading. RIGHT-OF-WAY VACATION Mayor Hanna introduced consideration of an ordinance vacating a right-of-way utility easement located on the south side of Mt. Comfort on property owned by Mr. and Mrs. Jack Henbest. This easement was acquired by the City on September 30, 1993. However, the City has recently entered into an agreement with Arkansas Western Gas to acquire joint easements along Mt. Comfort. The City will recover approximately 1/2 of the easement cost from Arkansas Western Gas, and the property owner prefers the new smaller easement to the original larger easement the City had acquired. City Attorney Rose read the ordinance for the first seconded by Odom, made a motion to suspend the rules ordinance on its second reading. Upon roll call, the by a vote of 7 to 0, and the City Attorney read the the second time. Miller, seconded by Odom, made further suspend the rules and place the ordinance on final reading. The motion passed by a vote of 7 to the ordinance for the third time. time. Edens, and place the motion passed ordinance for a motion to its third and 0. Rose read Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3775 APPEARS ON PAGE /G/ OF ORDINANCE BOOK XXt/ii REZONE R94-12 Mayor Hanna introduced consideration of an ordinance rezoning 2.56 acres located on the south side of 6th Street and east of Old Ozark Trail from A-1, Agricultural, to R-2, Medium Density Residential, as requested by Allen Holland. The Planning Commission voted 9-0-0 to recommend the rezoning. April 19, 1994 Alett Little stated this zoning will bring the 4 duplexes:currently on'the:land .into compliance with'the-zoning, City Attorney Rose read the ordinance for the first time. Odom, seconded by Box, 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.. The motion passed°by-a vote of 7 to 0.Rose read the ordinance for the third time:: Upon roll call; the ordinance passed by a vote of 7 to 0: ORDINANCE 3776 APPEARS ON PAGE /63 OF ORDINANCE BOOK x/{'v// REZONE R94-13 Mayor Hanna introduced consideration of an ordinance rezoning 20.04 acres located on the east side of Futrell and north of Old Farmington Road from R -O, Residential -Office, and R-1, Low Density Residential, to C-2, Thoroughfare Commercial, as requested by Lynn Farrell on behalf of Eoff Trust III, etal. The Planning Commission voted 9-0-0 to recommend the rezoning. City Attorney Rose'read the ordinance for the first time. Box, seconded by Daniel, made a motion to suspend the rules and place the ordinance on itsTsecond reading. Upon roll call, -the motion passed by a vote of 7 to 0, and the City Attorney read the ordinance for the'sebOnd time. Miller, seconded by Odom, made a motion to further suspend the rules and place"the ordinance on its third and final reading. The motion passed by a vote of 7 to 0. Rose read the ordinance for the third time. Upon roll call., the ordinance passed by a vote of 7 to 0. ORDINANCE 3777 APPEARS ON PAGE /6.S OF ORDINANCE BOOK x X V// REZONE R94-14: B f {i > 3 Mayor Hanna introduced%consideration of an ordinance rezoning 2.63 acres located on the north side of Joyce Boulevard and -west of Crossover Road from A-1,,Agricultural,xto R-0, Residential -Office, as requested by Neal;Pendergraft on behalf of -Perry Crawford. The Planning Commission voted 9-0-0 to recommend the -rezoning. City Attorney Rose read? the ordinance for'.the 'first time. Box, seconded .by Daniel, made a motion"to suspendthe rules and place the ordinance on its'second reading. Upon roll call, the motion passed by a vote of.6-0-1,.with Odom abstaining., 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 April 19, 1994 on its third and final reading. Upon roll call, the motion passed by a vote of 6-0-1, with Odom abstaining. Rose read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 6-0-1, with Odom abstaining. ORDINANCE 3778 APPEARS ON PAGE /67 OF ORDINANCE BOOK A:K vi/ REZONE R94-15 Mayor Hanna introduced consideration of an ordinance rezoning .73 acre in Tract A and 1.21 acres in Tract B located on the north and south sides of Millsap Road and west of College Avenue from R -O, Residential Office, to C-2, Thoroughfare Commercial, as requested by Mel Milholland on behalf of NANCHAR and Marjorie Brooks. The Planning Commission voted 9-0-0 to recommend the rezoning. Alderman Edens asked how this parcel was omitted and not rezoned with the rest of the property. Little stated this portion came through the subdivision process, but the zoning has not been addressed until now. City Attorney Rose read the ordinance for the first time. Edens, seconded by Box, 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. Rose read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3779 APPEARS ON PAGE /67 OF ORDINANCE BOOK X X'1/// DANCE HALLS Mayor Hanna introduced consideration of an ordinance amending Section 160.002 of the Fayetteville Code of Ordinances by adding a definition of Dance Halls and making them a conditional use in all zones. City Attorney Rose stated he tried to make this ordinance as noncontroversial as possible. He added the definition of dance halls and included private clubs in the definition. The ordinance will make dance halls conditional uses in the zones in which they are currently allowed, C-2, C-3, and C-4. All residents within 500 feet have to be notified of a conditional use request for a dance hall. Site plans have to be drafted and filed with the Planning Commission 15 days before the conditional use comes before them. +i k+ April 19, 1994, Alderman Bassett.askeddf,,a`dance hall would.have to come back:to the Planning Commission each: 'year and request a conditional use. Rose stated that was not the way this ordinanceiwas,set up. That would be considered..a.temporary conditional use.= • Mayor Hanna asked if the City could revoke a conditional use if. this ordinance had been in force now, for example for River..City. Rose stated the City can make a dance hall abide by the conditional use or revoke it. Alderman Bassett stated requiring the conditional use to be renewed every year could have'a negative effect on financing, etc. Mayor Hanna stated if the Planning Commission or City Council had any doubts about a new business, could they require the business;to come back in one year° Rose stated that is conceivable. However, the business would have to have some degree of certainty about what would be required of them. Rose stated this is not in the proposed ordinance. • • City Attorney Rose read the ordinance for the first time. Edens, seconded by Miller, made a motion' to suspend the rules and place the ordinance on itssecond 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: Rose read the,ordinance for the third,time. Alderman Bassett stated this ordinance applies only to dance halls. He has beeen contacted by several restaurant owners concerned about the ordinance. Don Hunnicutt stated Over the Rainbow was the initial name of River City. He asked if a business would have to come back before the Planning Commission Hand/or Council for review of their liquor licenses, etc., when changing namesorownership. Mayor Hanna stated they would have to come back for a name change. Rose stated currently, if the nature of a business is changed, but it is allowed in the zoning district, they do not have.to come back before the Planning Commission. The one exception,to this rule is now dance halls. Dance halls will have to come before the Planning Commission for a conditional use. • Alett Little stated Mr..Hunnicutt has talked with her office. He is concerned the ownership and operation of a"place of business.. April 19, 1994 that serves liquor could change hands frequently because of misuse of the licenses. Rose stated he does not know how to address that. Alderman Bassett stated if River City finds a new place to move, they will have to apply for a conditional use for their new location. Upon roll call, the ordinance was adopted by a vote of 7 to 0. Upon roll call, the emergency clause passed by a vote of 7 to 0. ORDINANCE 3780 APPEARS ON PAGE /7/ OF ORDINANCE BOOK X X \./// APPEALS OF PLANNING COMMISSION DECISIONS Mayor Hanna introduced consideration of an ordinance amending Chapter 159, Subdivision Regulations, to allow fourteen (14) days for the appeal of a decision of the Planning Commission regarding preliminary plats. City Attorney Rose read the ordinance for the first time. Miller, seconded by Box, 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. Box, seconded by Vorsanger, 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. Rose read the ordinance for the third time. Alderman Miller stated this amendment will give more time in the case when the Planning Commission and the City Council meetings fall in the same week. Mel Milholland asked what the time limit is now. Little stated the time limit is by the next scheduled City Council meeting. Milholland asked if the basis of appeal has to be because the Planning Commission made an error. He asked how the Planning Commission could make an error when all of the rules have been followed regarding subdivisions. Alderman Box stated these people are human, and they can make a mistake. Alderman Odom stated as it currently is, the aldermen may have to appeal something sometime before they even have a chance to read the Planning Commission minutes, simply before the time limit runs out. 4.1 , April ,19; 1994 Milholland stated--he feels the-ordinance-,when made needs to be included'inthe appeal:'_ an error- has been Alderman Box stated an alderman already has to state the reasons for appeal. upon roll call, the ordinance passed by a vote ofr7,.to 0... ORDINANCE 3781 APPEARS ON PAGE •/7°/ OF ORDINANCE BOOR X X V// OZARK THEATER Mayor Hanna introduced consideration of a resolutiom accepting a proposal for the demolition or restoration -of the Ozark Theater Building. Bob Kelly stated he has presented a proposal to help the City restore the front part of the building, or he would restore the front, and the back part would be removed for a parking lot.• He stated he is proposing to restore the facade and first•floor.at this time. There are not enough square feet on the second and third floors to pay Tor an elevator. He has discussed this with some of the members of the Off Street Parking District (OSP), and access could be made to the parking deck on'the east side_of the property. Alderman Miller asked if Kelly would clean up the top two floors as well. % Alderman Vorsanger stated in his proposal, Kelly states the City will have to clean it up. Kelly stated he thought the City had to clean •up.the property before it could be transferred. He would be'glad to work with OSP and whoever else to save the building. Alderman Daniel stated she liked Bob Kelly's proposal.:: Mayor Hanna stated he hopes she is in the minority. He stated if the City is not willing to finance the project, Kelly is asking for 45 days to raise the' money necessary for the restoration., :Mayor Hanna stated he has some concerns about this. If Kelly could not get the financing, the City would still have a problem getting the building demolished and would only have 1 month to get the building down. Alderman Miller stated the City will have to deal with the environmental hazards in the building. He asked what kind of offer Kelly was making. Mayor Hanna stated he offered $100 for the building. The Downtown Parking Authority's offer is to demolish the'whole building. April 19, 1994 Alderman Vorsanger stated Kelly is requesting the City leave bricks and artifacts from the building. He asked how the City could commit to doing that. Kelly stated he was just asking for the bricks that were not broken or still had any use available be left at the site for use in reconstructing the front of the building. Alderman Edens asked which proposal would cost the citizens the least amount of money. Mauyor Hanna stated the Downtown Parking Authority would pay for the demolition instead of the City as in Kelly's proposal. Alderman Miller stated the back of the building is in bad shape. He asked about the structural integrity of the front of the building. Kelly stated the front is sound. He stated he has talked with a couple of the Off Street Parking District about separating the building. Alderman Daniel stated she is opposed to a parking lot on the front of that property. Alderman Miller stated he hates to lose the historical building. Alderman Bassett stated if the Council votes for the parking authority's proposal, there is nothing to stop Bob Kelly from negotiating for the front part of the building from them. He stated he does not want the City to have to demolish the building, and neither does he want the federal government penalizing the City for not complying. Daniel, seconded by Miller, made a motion to accept Bob Kelly's proposal. Upon roll call, the motion failed by a vote of 2 to 5, with Bassett, Vorsanger, Edens, Box, and Odom voting no. Odom, seconded by Box, made a motion to accept the Off Street Parking District's proposal. Upon roll call, the motion passed by a vote of 5 to 2, with Daniel and Miller voting no. RESOLUTION 50-94 AS RECORDED IN THE CITY CLERK'S OFFICE MILLAGE TAX ELECTION Mayor Hanna introduced consideration of an ordinance calling and setting a date for a Special Election on the question of levying a tax on the real and personal property within the City of Fayetteville and fixing the rate thereof at 1.0 mills to be dedicated 100% for use in the Parks and Recreation System in the City of Fayetteville. April 19, .1994 ..: '% Alderman'Edens stated he merelywanted toget'this-on•the table for discussion at this time. City staff may be working on different options to raise money for parks Mayor Hanna stated there are several options for raising money including a bond issue for infrastucture improvements, a temporary sales tax designated forspecific purposes, or Advertising & Promotion Commission funds for parks. {Alderman Williams returned to the' meeting at 9:20 p.m.) Alderman Edens stated he has a problem with a property tax millage without.going to the people for a vote. He is open to alternate funding sources. Mayor Hanna stated he felt it was a good idea to leave this on the agenda and get input -from citizens. He stated Ben Mayes has been working on what can.be`-done with a sales tax.4 He feels if the City were to vote in a tax or'millage, there needs tp be a comprehensive plan to cover all needed infrastrure items. Alderman Bassett stated he feels the people need a chance to speed up some of these projects if they want to. p S ! Mayor Hanna stated staff.will have'a list of projects that need to be addressed ready at the Council Agenda meeting: Alderman Odom asked how much money one mill would generate. Mayes stated about $205/000 per year: NOMINATING.. COMMITTEE Mayor Hanna introduced recommendationsfrom the Nominating Committee onappointmentsto fill vacancies in City committees. Edens, seconded by Odom, made a motion to reappoint Buddy Ledford to the Civil Service Commission. Upon roll call, the motion passed by a vote of 8 to O. Edens, seconded by Odom,.made a motion to appoint Mark Burdette to the Library Board. Upon roll call, the motfon'passed by a vote of 8 to 0. OTHER BUSINESS FOUR COUNTY SOLID WASTE°COMMITTEE Mayor Hanna stated he needed to appoint Cheryl Zotti as his alternate to attend these meetings when he was unable to do so. April 19, 1994 Vorsanger, seconded by Odom, made a motion to appoint Cheryl Zotti as the mayor's alternate when'he is unable to attend the Four County Solid Waste Committee meetings. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 51-94 AS RECORDED IN THE CITY CLERIC'S OFFICE ADJOURNMENT The meeting adjourned at 9:27 p.m.