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HomeMy WebLinkAbout1994-06-20 MinutesMINUTES OF A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Monday, June 20, 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 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 Director Alett Little; Public Works. Director. Kevin Crosson; members of staff, press, and audience. CALL TO ORDER Mayor Hannacalled the .meeting to order with eight aldermen present. OLD BUSINESS Mayor Hanna introduced consideration of items that have been brought before the Council but were tabled or no decision made to allow further information to be presented. A. MILLAGE TAX ELECTION: An ordinance calling and setting a date for a Special Election on the question of levying a tax on 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 & Recreation System in the City of Fayetteville. This ordinance was left on its second reading at the Council's June 7, 1994 meeting. Alderman Edens stated there is a misconception that the Council will be voting on the millage. That is not correct, the Council will be voting on whether or not to put the millage question on the ballot. This millage would be used 100% for the purchase of land, maintenance, and capital improvements to parks. He stated children have to be turned away because there are not enough ballfields for all to participate. Alderman Edens stated this will be additional money for the parks. Alderman Miller commended Alderman Edens for bringing this up, and he is in favor of this millage. Alderman Bassett stated there is Advertising & Promotion Commission money available for parks development.- He feels if the City places this on the ballot, the aldermen will be going back on the pledge made the voters when they passed the sales tax. He feels there are other capital needs for this City as well, so he will vote against this measure. 7 June 20, 1994 Mayor Hanna stated he feels the same as Alderman Bassett. The Council removed 3.7 mills the City was collecting so the schools could ask for more money. He does not feel the City has given the pay as you go system long enough time to work. He feels when the time comes, the Council needs to make a decision about millage and not ask the voters for this. The school and the county are both going to ask for millage, and he feels this is not the time for the City to ask for millage. Alderman Bassett stated there is between $700,000 and $900,000 A&P money that can be spent on ballfields. Alderman Miller stated he has been hearing about this money, but he has yet to see any. Alderman Vorsanger stated he has a problem going to the voters to ask for a tax they have already approved. He will not vote to put the millage back on. Alderman Daniel stated she is in favor of youth and parks, but she will vote against putting a millage back on the voters. City Attorney Rose read the ordinance for the third and final time. Alderman Williams stated he feels it is a fine idea. However, he will not support it because he does not want the City's hands tied by having the millage tied to any particular project. He also feels it would be inappropriate to put it on the ballot so soon after removing the previous millage. Upon roll call, the ordinance failed by a vote of 2 to 6, with Williams, Odom, Bassett, Vorsanger, Box, and Daniel voting no. DESIGN OVERLAY DISTRICT Mayor Hanna introduced consideration of an ordinance establishing a Design Overlay District for the U.S. 71 Highway Corridor pursuant to the zoning authority of Chapter 160 of the Code of Ordinances of the City of Fayetteville, Arkansas, and declaring an emergency. This ordinance was left on its second reading at the Council's June 7, 1994 meeting. Mayor Hanna stated he has received a number of letters. Everyone wants the same thing for Fayetteville. Some of the letters were not kind. He stated tolerance is one of the things that makes Fayetteville such a great place to live. Alett Little went over the changes that were made in the draft ordinance. On page 2, she stated the district boundary is to be measured from the right-of-way. She stated the 660 feet boundary was not changed. On page 3, trees can either be planted within a parking lot or within islands within a parking lot. On page 5, the June 20, 1994 word landscaping has been removed, but the City shall require replacement of vegetation. The requirement for 60 foot trees has been removed, and the required diameter has been relaxed from 1 1/2 inches to 1 inch. On page 7, add attachment A regarding sign —sizes and setbacks On page 8, the variance requirement has been removed. On page 9, paragraph 7, lighting fixtures has been changed so that sodium fixtures are acceptable. Page 10, paragraph C, walls to screen have been amended to include wood, masonry, or natural looking materials. Page 13, paragraph 11, site provisions, the percentage amounts left as open space have been amended. Page 14, fencing, this ordinance does not require fencing, only screening. No fencing will be allowed in the greenspace. Page 15, :outdoor storage of materials and equipment, shall be screened with natural vegetation,'has been added.Page,18, and/or has been taken out. Page 19, a severability clause has been added, and an emergency clause has been added. • Alderman Vorsanger stated&he'requested the 660' be cut to 300' or 330'. He states the 660' requirement is the number one•complaint he has heard. s • • . i Little stated it had been earlier interpreted that if any portion of a lot falls within the zoning district, the whole lot was subject to the design overlay district (DOD), but that is not the current interpretation. Now, only the portion that falls within the zoning district is subject to the DOD. Alderman Miller stated he has received over 110 calls, and he would like this ordinance to apply to the whole city. Alderman Vorsanger asked why there is a separate sign provision in this ordinance rather than just following the City's sign ordinance. Alderman Miller stated the Rogers' ordinance has this section, and 4Fayetteville was following their format. Alderman Williams stated this is more liberal than the regular sign ordinance. He stated he would like to add a fourth purpose to the district. The additional purpose would be to preserve and enhance the economic viability of property within this district. In addition, he stated on page 15, subsection 14, he asked what about car lots or equipment sellers. He proposed to add --except as provided below. These companies should only have to screen 80% of their business. This would leave 20% for display space. Alderman Daniel stated she feels the value of the land along the bypass will be increased because of the DOD. She does feel the screening requirements may need to be modified. Rick Hoyt addressed the Council regarding potential crime associated with the proposed screening requirements. He stated he June 20, 1994 was concerned about the view obscuring walls, berms, landscaping, etc. The Fayetteville Police Department does not patrol the bypass, but it does patrol the access roads. They would not be able to see through view obscuring structures to see what was taking place on parking lots, etc. He does not know if crime will go or up not, but the areas need to be well lighted. Alderman Miller asked if the 4' berm would obscure any more than a parked car that is approximately 4' tall. Hoyt stated probably not, but by looking at the drawings in the proposed ordinance, it is hard to tell. However, if something obstructs the view, it also obstructs the view for police officers. Alderman Daniel stated businesses may need to step up their security and put in more lights. Mickey Jackson, Fire Chief, stated there needs to be access to all occupancies. If they are very large, there needs to be more than one access. Jackson stated regarding curb cuts, there needs to be at least one per occupancy and more for larger developments. Elam Denham, 2111 Shiloh, addressed the Council opposing the ordinance stating he felt it was ill conceived and would do more harm than good. Harley Brigham addressed the Council in favor of the ordinance stating he felt it would increase land values around the bypass. Jim Petts, a Springdale resident, stated he was looking to move his corporate headquarters to Fayetteville. Upon hearing about this ordinance, his employees voted 100% against moving to Fayetteville because the location would be hidden from view with the 4' obstruction requirement, and they felt they would not be safe. In addition, he stated as a small business owner, he could not afford to comply with the ordinance. Alderman Williams stated he was a deputy prosecuting attorney for five years, and crime was from being kidnapped from large parking lots, etc., not from people jumping out from behind trees. He does not feel this will have any negative impact on crime. Alderman Daniel stated she does not feel trees will promote crime. Business owners should teach their employees about safety. George Faucette stated he is in favor of an ordinance, but he believes the question here is of fairness. He does not believe any of the property owners were notified. He suggested the following need to be changed: (1) 330' would be adequate; (2) the sign ordinance should not be changed for this district; (3) curb cuts are too restrictive because large trucks cannot circle out of properties after making deliveries; (4) the landscaping 153 June 20, 1994..;) requirements are too restrictive for small business owners; and (5) there is a safety hazard for pedestrian access from the street. Edward Manican stated he was worried about the City's rapid growth, ,but some of the things in the ordinance are drastic. He feels there should be more compromise in the ordinance. Jim Lindsey stated this ordinance will create an atmosphere of beauty of growth along the bypass. However, about 75% of a site will be sidewalks and building and about 25% greenspace. He feels the ordinance should be modified so it will not penalize smaller lot owners. Joe Crouch, a property owner along the bypass, addressed the Council in opposition to the ordinance. He feels fair share is the key issue. He stated if people want to beautify the City, get a sales tax to buy the greenspace along the bypass, and let the City maintain it. He stated the growth in Fayetteville since 1930 has been 569%, and Springdale has grown 1,083% since 1930. Rosemary Willis, lives in Rogers but owns property on Rolling Hills Drive, spoke in opposition to the ordinance. She owns .43 acre, and based on the curb cut requirements, she.would not have access to her land. Another citizen addressed the Council in opposition, to the ordinance stating the City can't take care of the greenspace it currently has. He was in favor of everyone paying their fair share. .-• E Alderman Williams stated residential properties `already have required setbacks. This»is'part of•living in Fayetteville. He stated the City can't allow people to pave-100$jof-their property. Alderman Bassett agreed ` -the City .could do a better job with -greenspace. However,'he believes this ordinance will enhance the value of land. He stated it isnot•easy balancing'the interests of property ownersfandthelrest of the citizens`. - Mrs. Goodman stated she feels 660 feet is too far for the district boundary. The bypass ruined her family's farm. If the City wants to beautify, let the City pay for it. Robert Reus addressed the Council in favor of the ordinance. He stated thebypasswas a public project, and the public should have a say-so about how it is developed. He supports the 660 feet, but if it is amended, the amendment should be acrossthe board and not penalize small property owners. Tom McKinney, Sierra Club, stated his group feels 660 feet is not enough. They would rather see the corridor at 1,000. feet. He stated trees and greenspace add to the value of property. June 20, 1994 Leonard Schaper showed overhead slides showing different types of development. He felt the greenspace and open space requirements should be left as they are in the ordinance. Alderman Williams stated he was going to suggest an amendment that all greenspace should be landscaped greenspace, and landscaped would mean primarily living plants. Robert Lefler, Finger Road, stated there needs to be more trails for the proposed ordinance addresses this will be maintained. he is a recreational jogger, and running and cycling. He feels that pretty well, and he hopes Doug Wilde stated citizens are not indifferent to the businesses along the bypass. But, he feels the 660 feet setback requirement is barely adequate. Jana Britton, Planning Commissioner, stated some of the changes that were made actually strengthen the ordinance. However, she was not pleased with eliminating the 60 foot tree height requirement. The 60 foot requirement was put in because this size tree will provide shade and be tall enough not to interfere with traffic safety and visibility. HAR.oLD Vickie B. Lanier, 1885 keLed, owns 2 businesses in Fayetteville. She moved here from Irvine, California, which is one of the safest cities in the U.S. They have overlay districts with very strict rules about berms, etc. She stated she knows Alderman Eden's voting record on trees, parks, etc., and he is a property owner on the bypass. She feels there could be a conflict of interest for him. Alderman Edens stated everyone has been saying this ordinance will only increase the value of land along the bypass, so why would he have a conflict. He stated he sees no conflicts. Lanier stated she has no personal knowledge, but she is aware that he may be a member of a group planning on opposing this ordinance. She requested Alderman Edens consider the electorate as a whole and the good of the community as a whole. Jim Gaddis, a transportation engineer, stated he supports the 300 feet between driveways. Judy Brittenum stated she is pleased with the tone of the meeting. She stated the main points of the ordinance are enforcement and vegetation. The ordinance is only as good as it is enforced. She also stated the Council should look strongly at the irrigation and replacement issues, etc. Sue Madison, Washington County Justice of the Peace, spoke in favor of the 30% open space and the 660 feet boundary. 1 J J June 20, 1994 d A44. Alderman Box stated the Chamber of Commerce suggested the City work with the other cities along Highway 71 and the county. He asked if the county was planning on an overlay district. Madison stated they were not. She stated there is very little commercial development in the county. Boyd Tomlinson opposes the ordinance because it is not a fair share ordinance. He stated he was not notified about this. He stated the City will be taking property. He does not see how this ordinance will increase the value of his property. He suggested the City buy his property then they could do anything they want with it. Alderman Bassett stated he does not think the City did a good job about notification. However, he has had over 100 calls on this ordinance. Until the courts tell him this is a taking, the law now states this is not a taking. He feels the ordinance contains a very good variance provision that will help make this ordinance more fair. Louise Schaper, Friends for Fayetteville, stated her group desires managed growth that does not damage the community. They are asking for a strong design overlay district ordinance. Dan Coody stated he has 32% greenspace on the commercial property he owns. The property values increased after the landscaping. He asked if this ordinance is watered down, what will Fayetteville become? Alderman Miller stated the greenspace or 30% is the most valuable land in Fayetteville. If the City does not ask for greenspace, the alternative is more parking lots. • Vorsanger, secondedtby Edens, made a motion to make the district boundary 330 feet instead of 660 feet. Upon roll call, the motion failed by a vote of 2 to 6, with Miller, Williams, Odom, Bassett,. Box and Daniel voting no. Williams, seconded by Daniel, made a motion to add a fourth purpose in Subsection 4 - To preserve and enhance the economic value and viability of property within and near the overlay district. Upon roll call, the motion passed by a vote of 8 to 0. Williams, seconded by Vorsanger, made a motion to add the words "shall be primarily living plants" after Landscaping in section 4 on page 4. Upon roll call, the motion passed by a vote of 8 to 0. June 20, 1994 Williams, seconded by Daniel, made a motion to add the word "landscaped" in front of greenspace on page 3, section 2. Upon roll call, the motion passed by a vote of 7 to 1, with Odom voting no. Miller, seconded by Williams, made a motion to leave the tree sizes at 60 feet high and 1 1/2 inches in diameter on page 5, section 4 b. Upon roll call, the motion passed by a vote of 6 to 2, with Vorsanger and Edens voting no. Odom, seconded by Daniel, made a motion to remove the words "internal or" from page 7, the illumination section. Upon roll call, the motion passed by a vote of 6 to 2, with Edens and Box voting no. Alderman Daniel stated she felt the curb cut section should be left as it is. Alderman Williams stated he feels there may be some cases when this may be too far apart. Edens, seconded by Odom, made a motion to reverse the places of the last two sentences on page 8, section 5, f, Variances. Upon roll call, the motion passed by a vote of 8 to 0. Alderman Miller asked about the requirement of a 4 foot barrier. He asked what provision would there be if someone let their barrier grow up to 10 feet, etc. Alderman Williams stated he does not feel the City should put a limit because of enforcement problems. Williams made motion to put the words "where practical" in front of the 4 foot barrier. There was no second to this motion. Alderman Daniel stated she has received calls in favor of the 30% required greenspace. Williams, seconded by Daniel, made a notion to insert the word "landscaped" before open space. Upon roll call, the motion failed by a vote of 3 to 5, with Odom, Bassett, Vorsanger, Edens and Box voting no. .. June 20, 1994 Odom, seconded by Vorsanger, made a motion to remove the option provision for section 11, Site Coverage on page 13. Upon roll call, the motion passed by a vote of 8 to 0. Miller, seconded by Williams, made a motion to keep section 11, _page 13, site coverage as it was originally presented without the ,;=options. Upon roll call, the motion passed by a vote of 6 to 2, with Vorsanger and Edens voting no. On page 15, subsection 14, outdoor storage of equipment and materials, the discussion was to leave it as presented in the .ordinance. Alderman Williams asked how this ordinance would be enforced. Rose stated there can also be fines for misdemeanor violations, but the most effective way will be the denial of permits.. Alderman Williams asked if the Council needed to direct some one to enforce this ordinance. Rose stated he did not know of any reason to do that. Alderman Vorsanger stated what about property owners who have already had plats approved, for example CMN Properties. Will they be exempt from this ordinance? Little stated they already have a plat; however, they have not completed all of the large scale development requirements. She stated anything that is not yet developed will be subject to this ordinance. If a developer has completed the preliminary plat ..process, they would not be affected. With these amendments to be made, this ordinance was left on its :;.second reading. It was decided to hold a special Council meeting on Tuesday, June 28, 1994 at 4:30 p.m. to address this ordinance. 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": • Minutes of the June 7, 1994 regular City Council meeting; A resolution awarding Bid 94-32 ,to Williams,Ford Tractor for four new units'forsa;totalof $159776`less trade allowance of • June 20, 1994 $52,900 for a net amount of $106,876 for tractor and mower equipment, and approval of a budget adjustment. RESOLUTION 67-94 AS RECORDED IN THE CITY CLERK'S OFFICE C. A resolution approving a two month extension for operations and management of the Waste Water Treatment Plant This extension will be for the two month period beginning June 30, 1994, and it will give staff time to complete contract negotiations. RESOLUTION 68-94 AS RECORDED IN THE CITY CLERI'S OFFICE 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. TRANSFER STATION & RECYCLABLE MATERIALS PROCESSING FACILITY Mayor Hanna introduced consideration of a resolution approving an engineering contract in the amount of $30,560 with McGoodwin, Williams & Yates for services on the Transfer Station and Recyclable Materials Processing Facility. This contract will be for the first phase of a two phase project. The first phase is for the Needs Assessment/Design Study. The contract expense for the second phase will be presented to the Council at a later date. Alderman Box stated he would like to table this item to the special council meeting because he has several questions he would like to have addressed. Sox, seconded by Odom, made a motion to table for one week. Upon roll call, the motion passed by a vote of 8 to 0. APPEAL Mayor Hanna introduced consideration of an appeal of the Planning Commission decision to deny rezoning petition R94-29 to rezone a 6.705 acre tract from A-1, Agricultural, to R-2, Medium Density Residential, filed by the Lindsey Family Trust. Jim Lindsey read a report from the Planning Office that supported this rezoning. There were several issues of compromise brought out at the meeting he would be glad to deal with; however, he was unable to attend the meeting. The land to the north of this property is zoned R-2. He stated he is willing to lower the density to meet the Planning Commission requirements. Little stated there are three things that need to be addressed: (1) access to Highway 265 on the top of a hill and on a curve; (2) the hillside slopes upward and is heavily wooded; and (3) trees and drainage would have to be considered. She feels 108 units might be 1 June 20, 1994 too high for this area. She feels 80 units would be better. The property to the north is comparable to this, and it has 15 duplex units. She does feel multi -family is appropriate for the area. Alderman Williams stated he agreed that 120 units istoo dense for this area. ' `� r + { ; • 4 Alderman Miller stated he"has received several calls from people worried about traffic problems. r b: a ' r 4 ` ! ' vO. 1 1 • t • s s .. Roy Stanley, representing Lindsey, stated this site will support 132 units. The Planning Commission:reduced-it to 120 units. He feels 108 units seems to; be- a • fair,; compromise: He stated more apartments areneeded in Fayetteville. R-1.5 zoning would only allow 80 units. Mr. Lindsey builds 12 units per building in his apartment complexes. Therefore, if R-1.5, he would only be able to put 72 units there. Rose stated the Council has the option of approving the zoning request or referring the appeal back to the Planning Commission since,Lindsey was unable to attend the meeting. Lindsey stated they are planning 3 land roads and on site retention ponds for the development. Odom, seconded by Miller, made a motion to refer this back to the Planning Commission. Upon roll call, the motion passed by a vote of 8 to O. ANNEXATION Mayor Hanna introduced consideration of an ordinance annexing 39.97 acres located west of 54th Avenue and north of Wedington Drive as requested by J.D. Hall and represented by Michele Harrington. The Planning Commission voted 5-1-0 to recommend the annexation. Michele Harrington stated this site consists of 51.2 acres but only 39.97 are not in the city limits. Her client is requesting annexation at this time, and at some later date, he will proceed with a rezoning request. 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 itssecond 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. Vorsanger, 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 passedby a vote of 8 to O. The City Attorney read the ordinance for the third time. June 20, 1994 Upon roll call, the ordinance passed by a vote of 7 to 1, with Odom voting no. ORDINANCE 3802 APPEARS ON PAGE aa9 OF ORDINANCE BOOR XX V// BOND COUNSEL Mayor Hanna introduced consideration of a resolution approving a contract with the Gill Law Firm of Little Rock in the amount of $22,500 to act as the City's bond counsel for the City of Fayetteville Water Revenue Bonds for the Phase II Water Line and Tank Construction Project. Alderman Miller stated this bond issue has been pared down from $8 to $5.5 million. There are times when interest is less than the price of construction. Ben Mayes stated this is the next step to issuing bonds. They are trying to get a 15 rather than 20 year maturity. Mayor Hanna stated this is part of the Council's pledge to improve the infrastructure, and no taxes will be raised to do this. Vorsanger, seconded by Williams, made a motion to approve the bond counsel contract. Upon roll call, the motion passed by a vote of 8 to O. RESOLUTION 69-94 AS RECORDED IN THE CITY CLERK'S OFFICE COMMUNITY CENTER Mayor Hanna introduced consideration of an ordinance waiving the requirements of competitive bidding up to $100,000 for the construction of the Southeast Fayetteville Neighborhood Community Center. Alderman Miller stated they have had a couple of community meetings, and the people in this area of in favor of this center. He has also had people volunteer their time to help build the center. Mayor Hanna thanked the Niblock family for donating the land upon which this center can be constructed. 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. 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 Williams, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the third time. 101 June 20, 1994 Upon roll call, the ordinance passed by a vote of 8 to 0. UV ORDINANCE 3 APPEARS ON PAGE a0/ OF ORDINANCE BOOR XX V// FRANCHISE TAX Mayor Hanna introduced consideration of an ordinance rescinding Ordinance 3518 and adopting a Water and Sewer Franchise Tax and a Solid Waste Franchise Tax, and approving a budget adjustment transferring residual franchise taxes collected in General Fund prior to January, 1993. r City Attorney Rose read the• ordinance ,for the first time. Williams, seconded by Miller, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 8 to 0, 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. The City Attorney read the ordinance for the third time. Alderman Williams asked if this was increasing any tax. Mayes stated it was not. This is correcting and rescinding an older ordinance. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3804 APPEARS ON PAGE 02.3 3 OF ORDINANCE BOOK )1(1<t//1 ENTERPRISE ZONE Mayor Hanna introduced consideration of a resolution endorsing the participation in the Arkansas Enterprise Zone Program. of 1993 for a cellular telephone company planning to relocate to Fayetteville. Jim Crider, Chamber of Commerce, stated Indutec Corporation owns 5.2 acres of land in the South Industrial Park. They will have just over $100,000 invested, will create 30 new jobs, and have an annual payroll of $750,000. In their second year, they plan to expand and eventually add up to 200 employees when all phases of the project are complete. Miller, seconded by Odom, made a motion to endorse Indutec Corporation's participation in the Enterprise Zone Program Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 70-94 AS RECORDED IN THE CITY CLERK'S OFFICE June 20, 1994 ECONOMIC DEVELOPMENT Mayor Hanna introduced consideration of a resolution approving the expenditure of an amount not to exceed $23,750 for infrastructure improvements for Indutec Corporation, a cellular telephone company planning on moving into the Fayetteville Industrial Park, and approval of a budget adjustment. Jim Crider stated this will be primarily for running water and sewer lines to the plant. Alderman Vorsanger stated the City has done this type of thing before for other companies. Crider stated some of this can be done with the City's in-house crews. Alderman Edens asked if any company has ever paid back this money to the City. Mayes stated the City once reimbursed a company for their purchase price of the land. Alderman Williams asked if the debt could be forgiven when the company has reached a certain level of employees, etc. City Attorney Rose stated he would not recommend calling this a loan. Crider stated the property Indutec bought is adjacent to the cemetery. They are giving up this part of their land. Alderman Odom stated he would like to have more information about the companies moving to Fayetteville from Crider before being asked to vote about them on the same night he learns about the name of the company. Alderman Bassett stated he was concerned about this when there are so many needs around town. Alderman Edens, seconded by Vorsanger, made a motion to approve the infrastructure incentives. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 71-94 AS RECORDED IN THE CITY CLERK'S OFFICE BID WAIVER Mayor Hanna introduced consideration of an ordinance approving a bid waiver in an amount not to exceed $60,000 for the purchase of June 20, 1994 an oil distributor for the street paving system. offered in an auction to be held June 29, 1994. Alderman Edens stated this is an attempt to get rid of and old relic from the.City's fleet and at the same time attempt to save about $40,000. City Attorney Rose read the ordinance for the first time. 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. 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. The City Attorney read the ordinance for the third time. 4 t Upon roll call, the ordinance passed by a-vote"of 8 to 0. ORDINANCE 3805 APPEARS ON PAGE A35 -OF ORDINANCE'BOOR'.kX v// ( • a COMMUNITY CENTER -.CONTINUED It was noted there was an emergency clause •with the bid waiver ordinance for the community center, but there had not been a roll call vote. At this time, roll was called for the emergency clause. The emergency clause passed by a vote of 8 to 0. ADJOURNMENT The meeting adjourned at 11:54 p.m. 163