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HomeMy WebLinkAbout1994-09-20 MinutesMINUTES OF A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, September 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, Heather Daniel, and Joe Box (arrived late); City Attorney Jerry Rose; City Clerk Traci Paul; City Treasurer Glyndon Bunton; Administrative Services Director Ben Mayes; Planning Director Alett Little; Environmental Affairs Administrator Cheryl Zotti; members of staff, press, and audience. • CALL TO ORDER Mayor Hanna called the meeting to order with seven aldermen present. FAYETTEVILLE BOY SCOUTS Terry Hunt, representing the Boy Scouts of Fayetteville, stated he appreciated the City's support of their proposal to adopt the railroad overpass bridges at Maple Street and Lafayette Street. The object of the project is to provide an ongoing outlet for scouts to practice citizenship. Mayor Hanna stated this project was, at one time, part of a grant to rehabilitate the historic bridges. The grant fell through. Vorsanger, seconded by Miller, made a motion to allow the Boy Scouts to adopt the two bridges. In answer to a question from Alderman Miller, Hunt stated the scouts plan to clean the bridges up -so they are useable, presentable, and an asset to the City. • Mayor Hanna stated the City will be responsible for sandblasting both bridges and the area around the bridges, supplying the paint, and restoring the light fixtures along both bridges. The. Boy Scouts will paint the ironwork and railings of both bridges. The project will also allow the grafitti under the Lafayette bridge to be. covered. Upon roll call, the motion passed by a vote of 7 to 0. OLD BUSINESS Mayor Hanna introduced consideration of items that had been brought before the Council but were tabled or no decision made to allow further information.to,be presented. S f * ... 3 F • September 20, 1994 A. A resolution accepting the low Bid 94-50A and awarding a contract to Sweetser Construction in the amount of $303,296.80 plus a 6.6% contingency of $20,000 for the new bridge and intersection improvements at the intersection of Stubblefield and Old Missouri Roads, and approval of a budget adjustment. This item was pulled from the agenda at the Council s August 16, meeting so that it could be re -bid. Alderman Box arrived. Mayor Hanna stated the intersection and bridge work will be the first phase of the Stubblefield Road improvements. The second phase will include widening and overlaying the street. Edens, seconded by Vorsanger, made a motion to accept the resolution as stated. Upon roll call, the motion passed by a vote of 8 to 0. B. Report from the Airport Board regarding the No Compete Agreement Discussion with the Northwest Arkansas Regional Airport Authority. This item was postponed at the Council's September 6, meeting. Leo Yanda, Chairman of the Fayetteville Airport Board, stated the board has been communicating with the NWARAA in reviewing the various documents that have been submitted. A proposed resolution was the result of a meeting of the NWARAA last night. The Airport voted in its special meeting on September 20, 1994, to recommend that the City not accept the non compete agreement originally submitted by the NWARAA but instead adopt the proposed alternate resolution as provided by the NWARAA. The Airport Board voted for acceptance of the alternate resolution or similar such wording with the provision that the matter be referred back the Airport Board for further review and recommendation before major changes or no action is taken by the City. Alderman Williams stated NWARAA discussed the proposed resolution but there was no action taken to pass it. Yanda stated the Airport Board reviewed the proposed resolution and is recommending that it be passed as is or with minor changes. Alderman Bassett stated the NWARAA and the Airport Board have made the point that it is up to the City Council to decide what resolution to pass. Alderman Miller stated the three major concerns that people have on this issue are Fayetteville citizens do not want to be stuck with bond payments, they feel there should be competition between airports, and that Drake Field stay in the Authority. September .20„ '1994'; Alderman Bassett stated the finance 'agreement. is still to be presented to members of the. Authority. When that time comes, members will review the agreement and can get 'out if there is something in the agreement that is not satisfactory. The tax payers should not be exposed to any liability. Alderman Bassett stated we need to avoid getting into a real adverse situation with the rest of the region and we don't need to tear our town apart over this issue. We need to stay involved in this project but also protect Drake Field and give it a chance to stay alive in the market. The proposed resolution is acceptable. Scott VanLaningham,representing the NWARAA, stated the Airport Board voted unanimously not to pursue the non compete agreement with the City of Fayetteville. The Authority drafted the resolution for the Council to review and revise if necessary. The Airport Authority Board has indicated that the cities and counties will not be asked to back the bonds. The decision to stay in the Airport Authority will be made when the final financial plan is submitted. The financial plan will include that language that makes it clear that there is no financial responsibility on the cities and counties. The issue of staying in the authority is not included in the proposed resolution. In answer to a question from Alderman Williams, VanLaningham stated the final financing plan needs to leave some flexibility for the underwriters to take advantage of market conditions. There is a $10,000,000 commitment from Llama for the firm underwriting of the bonds. That will match the Federal share needed to begin construction of the runway and taxiway and purchase the land, etc. The largest remaining share of that would be the terminal building. The construction of the terminal building is based on what the airlines need and what they are willing to pay. Those details will not be resolved by the time the final financing plan is submitted. Alderman Vorsanger stated the staff at our present airport should be given every opportunity to be considered for the opportunities at the new airport. VanLaninghan stated the issue has been addressed and the Airport Authority Board agrees. Qualified, experienced people would be an asset. Alderman Edens stated he has had phone calls and letters regarding the issues of financial liability and retaining ownership of Drake Field. This proposed resolution is satisfactory. Harley Brigham asked of the Airport Authority why the citizens of Washington County were denied a vote on the proposedcargo passenger. airport. September 20, 1994 VanLaningham stated the citizens of Washington County voted two years ago to stay in the Airport Authority. Brigham stated the people elect government officials to take care of our affairs. Keeping citizens from voting on important issues will not promote harmony. The Authority is giving up the request for an agreement by the Council to close commercial aviation at Drake Field and they reaffirmed that citizens would not be taxed for the construction of the airport. The proposed resolution has already been submitted to the FAA, which the FAA has given their approval of. This has been done prior to a discussion by the Council and the public. The Council should not act on this resolution until the citizens have had an opportunity to study it and give their input. With the assurances that Drake Field will not be sold or leased, Fayetteville can compete for airline business, and citizens will not be taxed for the construction of the airport or for liability should the airport fail, he supports the resolution. In answer to a question from Mayor Hanna, VanLaningham stated the FAA was given a copy of the proposed resolution but has not given an official response. The NWARAA is trying to keep them informed throughout this process. Nancy Kahanak, a former member of the Airport Authority Advisory Board for Washington County, made reference to an agreement signed by all the governments in 1990. She stated her concern about signing a document making Fayetteville financially responsible. Fayetteville may be put in the position of being in compeitition with itself in the future. Cyrus Young stated he assumed the decision to stay in or get out of the Airport Authority would be made by ordinance. It concerns him that Mr. VanLaningham stated there was no language in this resolution regarding that. Section 3 reads, "The City of Fayetteville states its support for the Regional Airport Authority's plans to build a new regional airport." If the financial package is not satisfactory to the citizens of Fayetteville when it comes through, he wants to be sure that this resolution would not tie the hands of the Council or predetermine that they are going to vote to stay in the Authority. Clark McClinton stated the regional airport is a good opportunity for Northwest Arkansas. There were concerns about giving up the control of Drake Field and about the financing, but it seems those issues have been resolved. He asked the Council to consider participating in the Authority. VanLangingham stated there is excess language in the original agreement. The discussion about the proportionate share of the indebtedness will be deleted. September -20, 1994 In 'answer to a question from Alderman Miller, VanLaningham stated if the airport flops, the FAA and the bond holders are the owners of an airport.' Alderman Edens -.stated the key words in Section 3 are "support for a plan" So it's stating that the Council supports your plan. '7. • +. . VanLaningham stated the intent was not to bind the Council in their vote on the financial plan. • Vorsanger, seconded by Daniel,: made a motion to discuss the resolution at the meeting on October 4. Upon roll call, the motion passed .by a vote of 8 to,0. • 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. September 6 regular City Council: meeting; B. A resolution granting a 15 foot utility easement to SWEPCO along the south side of Fayetteville's Sewer Lift Station #5, located at Mud Creek on Johnson Road; C. A resolution accepting Federal Grant offer AIP #3-05- 0020-19 for the airport terminal renovation; D. A resolution .accepting the low bid and awarding a contract for the airport terminal renovation; E. A resolution awarding a contract in the amount of $27,840 to O.J.'s Enterprises for night custodial services at the airport terminal for the 1995 year. This contract is contingent on the approval of. the 1995 budget. <In addition, .night custodial services in the, amount of $9,280 are included in this contract for the remainder of 1994; - Vorsanger, seconded by Miller, made a motion to approve the Consent Agenda. Upon roll call, the motion passed by a vote of 8 to 0. PROPERTY SALE rr Mayor Hanna introduced consideration of a resolution approving the sale of 1.25 acres of Lake Fayetteville property to the City of Springdale for use as a sewage pump .station and the execution of a right of way.agreement. September 20, 1994 City Attorney Jerry Rose read the motion passed at the August 2 Council meeting. As requested by the Council, the contract of sale is being submitted for your approval. Susan Driver, a member of the Parks and Recreation Advisory Board, requested the City Council postpone any further resolution regarding this sale until the Parks and Recreation Advisory Board has had an opportunity to review the proposal and assess its impact. By ordinance, the Parks and Recreation Advisory Board is to advise on all aspects of parks and recreation activities. This proposal was not sent to the Parks Board. Alderman Miller stated he was in favor of the Parks Board hearing this proposal prior to the Council making its decision. In answer to a question from Alderman Miller, Joe Tarvin stated the schedule for this project is to have the lift station under construction by the first of January. Waiting two weeks is not a problem unless you decide at that time not to sell the property. Joe Tarvin, representative of the City of Springdale, reviewed the design standards which were originally discussed at the August 2 Council meeting. Len Schaper asked why this project, which was 1/2 acre in August, is now over 1 acre. Tarvin stated between the time of the original request to sell the property to the City of Springdale and the August 2 Council meeting, it was discovered that tractor trailer trucks would be delivering the chemicals for the odor control and there might be a need for additional property in order to turn the trucks around. Also, the site needs to be far enough off the highway to account for any future right-of-way acquisition on Crossover Rd. Cindy Arsega stated she did not want this to set a precedent; our park land is valuable and should be considered an asset. Alderman Miller, seconded by Williams, made a motion to allow the Parks and Recreation Advisory Board to review this proposal and submit a recommendation to the Council on October 4. upon roll call, the motion passed by a vote of 8 to 0. VACATION Mayor Hanna introduced consideration of an ordinance vacating a Right of Way Grant for property located along Razorback Road and owned by the Razorback Foundation, Inc., contingent upon receipt of an alternate Right of Way Grant for the relocation of an existing 24" sewer line. September '2D, 1994! City Attorney Rose read the ordinance for the first time. Edens, seconded by Williams, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 7 to 0, with Alderman Daniel absent. The City Attorney read the ordinance for the second time. Odom, seconded by Box, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 7 to 0, with Alderman Daniel absent. The City Attorney read the ordinance for the third time. Alderman Miller stated the Razorback Foundation will pay all costs for relocating this sewer line. Upon roll call, the ordinance passed by a vote of 7 to 0, with Alderman Daniel absent.. ORDINANCE 3828 APPEARS ON PAGE 0798 OF ORDIANCE BOOK ;00(11 • BOND ORDINANCE Mayor Hanna introduced an"ordinance providing for the issuance of Water and Sewer System Revenue Bonds,,Series 1994,"lin a principal amount not to exceed $5,500,000. " -• * 4. c..f City Attorney Rose read the ordinance for the first time. Vorsanger, 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. Vorsanger, seconded by Edens, made a motion to further suspend the rules and place the ordinance on its third and final reading. The City Attorney read the ordinance for the third time. Alderman Williams stated he wanted the citizens to be aware of an item on page nine regarding bond debt responsibility and on page 31 regarding payment to trustees. City Attorney Rose introduced John Gill and Heartsill Ragon of the Gill Law Firm. Upon roll emergency ORDINANCE call, the ordinance passed by a vote of 8 to 0, and the clause passed by a vote of 8 to 0. 3829 APPEARS ON PAGE 300 OF ORDINANCE BOOK )(A' V // TRUSTEE AGREEMENT Mayor Hanna introduced consideration of a letter of agreement between the City and Bank of Oklahoma for trustee, registrar, -and paying agent services in relation to the proposed 1994 Water and Sewer System Revenue Bond Issue. The cost for this agreement is a one-time Acceptance and Registration Fee of $3,000 .and an annual September 20, 1994 Administration Fee of $400 per million dollars of principal bonds outstanding. Vorsanger, seconded by Miller, made a motion a adopt the agreement. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 111-94 AS RECORDED IN THE CITY CLERK'S OFFICE BOND PURCHASE AGREEMENT Mayor Hanna introduced consideration of a Bond Purchase Agreement between the City and Llama Company of Fayetteville that provides for Llama Company to purchase Water and Sewer System Revenue Bonds, Series 1994, in a principal amount not to exceed $5,500,000. Vorsanger, seconded by Edens, made a motion to adopt the Bond Purchase Agreement between the City of Fayetteville and the Llama Company of Fayetteville. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 112-94 AS RECORDED IN THE CITY CLERK'S OFFICE WATER TRANSMISSION LINE PROJECT Mayor Hanna introduced consideration of: A. A resolution accepting the low Bid 94-51 and awarding a contract to HMG, Inc. in the amount of $1,515,703 for construction of Section I of the Water Transmission Line Project. RESOLUTION 113-94 AS RECORDED IN THE CITY CLERK'S OFFICE B. A resolution accepting the low Bid 94-52 and awarding a contract to Sefco, Inc. in the amount of $1,817,867 for construction of Section II of the Water Transmission Line Project. RESOLUTION 114-94 AS RECORDED IN THE CITY CLERK'S OFFICE C. A resolution accepting the low Bid 94-53 and awarding a contract to Kraus Construction Company in the amount of $3,762,116 for construction of Section III of the Water Transmission Line Project. RESOLUTION 115-94 AS RECORDED IN THE CITY CLERK'S OFFICE D. Approval of 5% contingency amount for the project for $354,783. RESOLUTION 116-94 AS RECORDED IN THE CITY CLERK'S OFFICE September 20, 1994 Edens, seconded by Daniel, made a motion to accept the resolutions as stated. Upon roll call, the resolutions passed by a vote of 8 to 0. CAPITAL IMPROVEMENT PROGRAM Mayor Hanna introduced consideration of a resolution approving the 1995-1999 Capital Improvement Program. Steve Davis, Budget Coordinator, reviewed the information submitted in the CIP. Mayor Hanna .stated he would like to see more in house street improvements. Both Huntsville Road and Morningside. Drive have been done by in house crews. Alderman Daniel stated the members of the Street Committee are Aldermen Williams, Bassett, Edens, and herself. Alderman Vorsanger stated many hours have been spent on this project reviewing and planning. - Odom, seconded by Williams, made a motion to accept the resolution for the Capital Improvement Program Upon roll call, the resolution passed by a vote of 8 to 0. RESOLUTION 117-94AS RECORDED IN THE CITY CLERK'S OFFICE EMINENT DOMAIN Mayor Hanna introduced.consideration`of an ordinance authorizing the City Attorney to initiate eminent domain proceedings to acquire property, owned .by 'Laura Menees, for permanent and temporary construction easements for the 36" Water Transmission Line Project located at the corner of Van Asche Drive and Highway 112 North. 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 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, and the emergency clause passed by a vote of 8 to 0. ORDINANCE 3830 APPEARS ON PAGES 9'6 OF ORDINANCE BOOK XX V // September 20, 1994 REZONING R94-47 Mayor Hanna introduced an ordinance rezoning .86 acre located at 1813 Mission Blvd. from C-1, Neighborhood Commercial to R-1, Low Density Residential, as requested by Charles Nickle. 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 8 to 0, and the City Attorney read the ordinance for the second time. Edens, seconded by Box, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3831 APPEARS ON PAGE 3 yy OF ORDINANCE BOOR XX V/1 UTILITY EASEMENT VACATION V94-7 Mayor Hanna introduced an ordinance vacating utility easements located at 637 East Joyce Blvd. (lots 9, 10, and 11 of Spring Park Subdivision, Phase 2) as requested by Greg Bone on behalf of Clary Development. City Attorney Rose read the ordinance for the first time. Edens, seconded by Odom, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 8 to 0, and the City Attorney read the ordinance for the second time. Williams, seconded by Miller, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3832 APPEARS ON PAGE 3 Y8 OF ORDINANCE BOOK XX V'// OTHER BUSINESS NOMINATIONS TO THE PARKS AND RECREATION ADVISORY BOARD Edens, seconded by Daniel, made a motion to nominate George Knight, who was chosen by the Nominating Committee, to fill an unexpired term on the Parks and Recreation Advisory Board. Upon roll call, the motion passed by a vote of 8 to 0. September 20, 1994 i- ENVIRONMENTAL CONCERNS MEETING Alderman Miller stated there will be a City Council Environmental Concerns Committee meeting on:September 29, at 5:30 .p.m., in room 326. ADJOURNMENT The meeting adjourned at 9:25 p.m. • •