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HomeMy WebLinkAbout1994-10-04 Minutes• MINUTES OF A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, October 4, 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, Len Edens, Heather Daniel, and Joe Box; City Attorney Jerry Rose; City Clerk Traci Paul; City Treasurer Glyndon Bunton; Administrative Services Director'Ben Mayes; Planning Director Alett Little; Public Works Director Kevin Crosson; members of staff, press, and audience. ABSENT: Alderman Fred Vorsanger CALL TO ORDER Mayor Hanna called the meeting to order with seven aldermen present. INCINERATOR CASE REPORT Walter Niblock stated the transcript from the lower court was filed with the Washington County Circuit Clerk on August 16, 1994. It was lodged in the Supreme Court on September 8, 1994. The Barnhart Brief, the appellant's brief, is due in the Supreme Court on October 18, 1994. The appellee's brief is due within 30 days after the appellant's brief is filed. Following the filing of the appellee's'brief, the appellant has 15 days to file a reply brief, if they choose to. The first notice of appeal filed was sent back by the court. A subsequent notice of appeal was filed which included two additional items that were not included in the original notice of appeal. The first additional claim is the chancellor errored in refusing to enjoin the City from using general revenues to pay the. authority bonds as requested in their motion for revision. The second claim is the chancellor errored in refusing to require the'City'of West Fork and Washington County to pay their proportionate share of theobligations under the waste disposal agreement. e ' Niblock stated he and Katherine Gaye are requesting the Council's approval and the ”authority to rebrief andtprepare an argument if necessary. We want to be in a'position.to•respond to the questions of the Justices and to answer the concerns of the court. This will be some additional expense. Not everything will be rebriefed. We do not know what will be said about the two additional items listed as points of appeal. As you know, we made a presentation that was remanded. The appellant judges routinely have some questionson the point that is involved in the case. The real issues have not really been argued before the court and questions have not been asked yet. Even if we don't request an oral argument, someone will. We will resist any motions for enlargement of time. • } ? 'October 4,11994 ., , . a •. d in answer to a question.fr`om`lAlderman Bassett, Niblock emphasized that any request for ektensionof time'would'be opposed. Alderman Bassett asked for an estimation on when a decision would be made. Niblock stated it may be April of 1995. Alderman Bassett asked if there would be any need for the Council to request oral argument. Niblock stated no. Alderman Williams asked if requesting oral arguments would slow the process. Niblock stated it might slow up the process some, but not much. Oral argument or not, it will be decided the day it is submitted. Alderman Williams stated the issues are significant enough to have an oral argument. Gaye stated the City should request oral argument. In court cases there are questions that are not completely answered by the briefs. The bank will probably ask for oral argument. Alderman Bassett asked if there was any way to request an expedited preceding on the basisthat the debt is accumulating at a very rapid rate. Gaye stated there was provision for filing a motion. A motion could be filed for an expedited briefing schedule or to advance the case on the argument calendar. Filing a motion to advance the case would be more appropriate than to alter the briefing schedule. When we went back for the hearing before'Judge Adams, Barnhart interjected the two additional points for appeal. Alderman Miller stated he agreed on the urgency of the process. The cost is accumulating very quickly All rights to third party suits were dropped to clear this up. He expressed his concern of losing the option to refile. Gaye stated the option would not be lost. The appellant's brief is due in two weeks. It would be appropriate to file a motion to advance on the .argument calendar along with our brief. - Gaye stated she would also need to ask for argument. • Alderman Williams suggested that Gaye ask for argument and to advance on the argument calendar. October 4, 1994 Alderman Edens asked if there was any way for this to be extended past April. Niblock stated when the Arkansas Supreme Court renders a decision, there is a 17 day period to ask for rehearing. Most motions for rehearing are denied. COMMUNITY SERVICE AWARD Mayor Hanna introduced the recipient of the Community Service Award, Billie Joe Starr. Mayor Hanna stated October had just been proclaimed Arts and Humanities Month in Fayetteville. Fayettevile is fortunate to have, along with the Walton Arts Center, performing artists, writers, and creative people. Billie Joe has devoted the past ten years of her life to making the Arts Center a reality. She and her fund raising efforts have made a difference in the Walton Arts Center by successfully raising more than nine million dollars used for completion and operation of Walton Arts Center. Billie Joe is president of the Starr Foundation, a non-profit organization dedicated to arts and education projects in Arkansas. She has served as Executive Director of the North Arkansas Symphony, is president of the Walton Arts Center Council, and is a member of the Walton Arts Center Foundation Board. Mayor Hanna presented the award. Billie Joe Starr expressed thanks and honor. She stated she would dedicate the award to her mother, who died this year. It has been a privilege to have been part of an amazing coalition in the Walton Arts Center. What is being done for children and education is most important. 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. A. Report from the Juvenile Concerns Committee. This item was postponed at the September 6, 1994, Council meeting. Alderman Bassett stated the Juvenile Concerns Committee has been focusing on the issue of juvenile crime. Hiring several additional juvenile officers has made a big difference. The Juvenile Department at the Fayetteville Police Department has been doing an excellent job in investigating juvenile crime as well as dealing with the victims of juvenile crime. The committee has been discussing the issue of gangs. Fayetteville will not tolerate 1 October 4, 1994x- 6v gangs and there are measures being taken to make sure we do not develop a gang problem. Fayetteville has one of the best police departments in the country. Police Chief Richard Watson thanked the Council for their support in hiring a few new officers each year. He stated, in addition to Sergeant Frank Johnson, there are three full time juvenile officers. There are also full time juvenile officers within the other 67 people who work in the department. These officers work on juvenile arrests and watch for signs of gangs. The .police department is dedicated to seeing to it that Fayetteville has no gangs. At this time, there are notany organized gangs in Fayetteville. The officers do a great deal of work oncases submitted to us by the Department of Human Services. There have been 332 juveniles arrested so far this year, and they have committed 529 various offenses. In 1993, there were 226 juveniles arrested. Juveniles are arrestedmost for shoplifting. Other arrests have been for failure to answer a summons, minor possession, and public intoxication. Felony arrests have includedbreaking and entering, theft by receiving, vehicle theft,theft, forgery, and weapon possession. There have been few arrests for attempting to purchase alcohol. The juveniles committing the most crimes are 15 to 17 years old, with 17 year old males being the leader. The other communities in the area are contributing to the numbers of juveniles arrested. The crime rate in Fayetteville has been going down since 1992. The department has the best officers and training that it has ever had. Fayetteville is known to be very strict with enforcing the law. If the statistics were figured ,from the actual .population of Fayetteville instead of the census population, the crime rate would be even in lower. In answer to a question from Alderman Daniel, Mayor Hanna stated the last census was in 1990. Alderman Williams expressed his appreciation for the foot patrol on Dickson Street. In answer to a question from Alderman Bassett,Sergeant Frank Johnson stated the Juvenile Division investigates every report regarding gang suspicion by taking photos of graffiti, finding the kids responsible, and looking at the their criminal history. Mayor Hanna stated the Fayetteville Police Department is very alert - and well trained. It is because of them that gangs are a potential problem and not an actual problem. A Id 4? Johnson stated the ,juvenile division also.. investigates crimes committed against kids. There have been 51. founded cases. • The Fayetteville Police Department is the agency that brings criminal October 4, 1994 charges against the people responsible for committing these offenses. Johnson stated a problem in Fayetteville has been trying to enforce alcohol laws. There have been over 200 tickets written for attempting to purchase. Usually when juveniles are arrested for violent crimes, alcohol is involved. Alderman Edens stated the Juvenile Concerns Committee meets on the second Tuesday of each month at 7:00 p.m. The committee would welcome anyone with any concerns or ideas. Funding for additional juvenile officers was a result of the communication through the committee last year. Alderman Edens introduced juvenile officers Shannon Gabbard and Casey Brown. B. A resolution acknowledging the need for expanded air passenger service in Northwest Arkansas; requesting Fayetteville's non - participation in the cooperative agreement; stating Fayetteville's support for the new regional airport and also its intent to maintain Drake Field as a viable airport; and to reiterate Fayetteville's commitment to assist any Drake Field tenant should they desire to move to the new airport. This item was tabled at the September 20, 1994, Council meeting. City Attorney Jerry Rose read the resolution. Alderman Williams asked if the citizens of Fayetteville would be liable in any way at this point if the Airport Authority could not pay off its bonds. Rose stated there is no financial commitment on the part of the City towards the Authority. Alderman Williams asked if there will be potential liability associated with the financing plan when it is presented by the Authority. Rose stated he did not know without reviewing the plan. The City may be asked to participate in the funding agreement. To avoid the mistakes made in the past, there should not be any side agreements. Because of the number of entities involved, the City's liability potential looks like it will be much less than in the incinerator case. In answer to a question from Alderman Williams, Rose stated the City is not taking any new responsibilities or financial commitment by passing the resolution. i1 October 4, 1994.€ In answer to a question from Alderman Miller, Rose stated the Authority can create an Improvement District and tax its membe*t.4 They must first have a petition of persons claiming to be two thirds in value of the owners of real property within the area. There is no provision within the statute or the Airport Authority Agreement allowing for a sales tax. There is, however, a possibility of an airport tail and an aviation fuel tax. Alderman Bassett questioned'the authority for a sales tax which would be referred by the Quorun Court for the vote of the people. Scott VanLaningham,' representing the NWARAA, stated that legislation was subsequent to the creation of the Authority and the agreement. Rose stated a sales tax would not be allowed without a vote. Rose stated once the City enters into the funding agreement, it becomes obligated "and cannot get out of the agreement without accepting those obligations in which were previously entered into. Alderman Bassett stated his support for the resolution. By voting for the resolution, Fayetteville is not giving up anything. The Council will be able to review the financing agreement in detail when it is presented. Aldermen Box, Daniel, and Miller expressed their support for the resolution. Edens, seconded by Box, made a motion to accept the resolution as read. Alderman Williams expressed his support for the resolution. Upon roll call, the motion passed by a vote of 7 to 0.' RESOLUTION 118-94 AS RECORDED IN THE CITY CLERR'S OFFICE. 1' C. 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. This item was tabled at the September 20, 1994, Council meeting. Susan Driver, representative of the Parks and Recreation Advisory Board, stated the Parks and Recreation Advisory Board recommended that the proposed property sale not be approved. October 4, 1994 The recommendation of the Parks Board is based on two factors. The first being the fact that the land is part of the Environmental Study Center which was set aside for this purpose in 1973 by Resolution 34-73 passed by the City Council. The resolution states the property will be reserved in its natural state and used as a nature study area for at least 50 years. The second factor is that the property sale would conflict with the plan for the location of the proposed trail that will loop around Lake Fayetteville. In answer to a question from Alderman Miller, Driver stated the engineers on the project assured the Parks Board that the location of the station would not make a difference in the technology. Driver stated the intent in developing the trail is to not violate the integrity of the study area. Alderman Box asked how much property had been set aside. In answer to a question from Alderman Daniel, Public Works Director Kevin Crosson stated the Council had been informed that the property being sold was park land. In answer to a question from Alderman Williams, Driver stated the proposed loop would have to be located near Crossover Road at a particular point. Plans for the trail have been discussed. Alderman Edens asked if the trail could be constructed if the property is sold. Alderman Miller stated the pathway between the northeast corner of the lake and Crossover Road is narrow. In answer to a question from Alderman Williams, Driver stated the proposed botanical garden will possibly be developed on the opposite side of the lake. Alderman Miller questioned the necessity of lift station being developed on the property in question and asked if it would be a great expense to locate an alternate site. In answer to a question earlier from Alderman Box, Crosson stated there are 643 acres of Lake Fayetteville property, 194 of which are under water. Joe Tarvin, engineer for the City of Springdale, stated the location was chosen because of the lack of another site. There are no vacant lots across Crossover Road. The proposed site is in fact more expensive for construction than another site might be and, therefore, was not chosen for its cost. The station would be constructed far enough from Crossover Road to allow tractor trailers room to unload and turn around. October 4, 1994; Tarvin reviewed a drawing of the proposed property in relation to Lake Fayetteville and a proposed site plan. Comments made by Tarvin regarding the site plan included the idea that a trail could be constructed around the site and greenery could be planted to screen the site. In answer to a question from Alderman Miller, Tarvin stated there was not an alternate site. Tarvin stated if another site was developed, the technology and design would be the same. There would not be a connection to Fayetteville's monitoring system. Alderman Williams asked if the lift station could be located on the opposite side of Lake Fayetteville. Tarvin stated the contours and the depth of the sewer'line would,be a problem. If another site is chosen, it would be up the creek. In answer to a question from Alderman Williams, Tarvin stated the: line would go east out of the lift station over to Crossover Road and then to the north along the west side of Crossover Road. Alderman Miller expressed concern about the location in relation to the Study Center and asked if the lift station could be constructed, to the north. He stated he would like to see a compromise. Tarvin stated the deadline is a big concern. The lift station is proposed to be in operation in 11 months. Alderman Box asked if the lift station would have an adverse effect on the Study Center. Tarvin stated some trees would be removed and there may besome odor when the tank hatches are opened. The hatches are opened during maintenance. There will be odor control. In answer to a. question from Alderman Daniel, Tarvin stated the other lift stations in Springdale are on a monitoring system. Alderman Edens asked if the sale is not approved, would Fayetteville have any financial obligations considering the motion that was passed on August 2. Rose stated the Council passed a motion of intent to sell a 1/2 acre of land. The City would do everything possible to prevent any claim. In answer to a question from Alderman Williams, Driver stated the Parks Board was not qualified to discuss alternatives with the engineer. October 4, 1994 In answer to a question from Alderman Miller, Tarvin stated the property has been brush hogged. Alderman Daniel stated the impact may be less if the lift station were located to the west. Box, seconded by Edens, made a motion to adopt the resolution. Alderman Odom expressed his concern about the resolution and asked the cost of land and where the money would go. Mayor Hanna stated it would be about $14,000. Bill Waite, a member of the Parks and Recreation Advisory Board, stated about 200 acres have been set aside for the Environmental Study Center. He did not support the sale of any of the property. Mayor Hanna stated it is important to remember the help Springdale has given Fayetteville. Alderman Williams stated there seems to be alternate sites. Fran Alexander stated the City would be disrespectful to the park by allowing the lift station to be constructed. The Environmental Study Center is a special place for children in the area. The property is being used for what it was intended to be used for. Fayetteville should not continue to allow its property to be nibbled away. Doug Wilde stated the Environmental Study Center is an asset to Fayetteville. A lift station would detract from the Center. The land is at its highest and best use. Robert Royce stated selling park land would be the beginning of the end for parks in Fayetteville. There is a possiblilty that the technology of the station will deteriorate with time. Odom, seconded by Williams, made an amendment to the motion that any money received from the sale of the property be earmarked for the construction of trails in that area. Upon roll call, the amendment passed by a vote of 6 to 1, with Daniel voting no. Upon roll call, the resolution passed by a vote of 4 to 3, with Daniel, Miller and Williams voting no. RESOLUTION 119-94 AS RECORDED IN THE CITY CLERK'S OFFICE. t. October 4, 1994 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 9 special and the September 20 *regular City Council'.meeting. H. A resolution supporting Dickson Street revitalization efforts and entry in Great American Main Street. Awards competition. RESOLUTION 120-94 AS RECORDED IN THE CITY CLERK'S OFFICE. A resolution accepting low Bid 94-44 and awarding a contract to E.A. Martin Machinery in the amount. of $144,730, less a trade allowance of $16,650, for a net amount of $128,080 for an All Wheel Drive Motor Grader. RESOLUTION 121-94 AS RECORDED IN THE CITY CLERK'S OFFICE. • D. A resolution accepting low Bid 94-68 and awarding!a contract to Latco Construction, Inc. in the amount of $29,523.94 for repairs to Mitchell hay barn and hay, equipment shed. Repairs will be covered by insurance,,_ less the $5,000 deductible. RESOLUTION 122-94 AS RECORDED IN THE CITY CLERK'S OFFICE. 4 Edens, seconded by Box, made a:motion to accept the consent agenda. Upon roll call, the motion passed by a vote of 6 to 0, with Miller absent. REZONING R94-48 Mayor Hanna introduced consideration of an ordinance rezoning 2.5 acres located at 2469 Huntsville Road from A-1, Agricultural to C-2, Thoroughfare Commercial, as requested by David Phelan. The Planning Commission voted 9-0-0 to recommend the rezoning. 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 7 to 0; and the City Attorney read the ordinance for the second time. Williams, seconded by Daniel, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 7 to O. The City Attorney read the ordinance for the third time. October 4, 1994 Alderman Miller stated he was concerned about the C-2 zone abutting an R-1 zone but was assured that there would be screening. Alderman Williams stated Huntsville Road is developing more commercially and is going to be a major commercial artery. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3833 APPEARS ON PAGE 350 OF ORDINANCE BOOR XXL/// 1994 PROPERTY TAX RATES Mayor Hanna introduced consideration of an ordinance adopting the 1994 real and personal property tax rates for fire and police pensions. The rate to be adopted is 0.5 mills on real and personal property for fire pension and 0.5 mills on real and personal property for police pension. 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 its second reading. Upon roll call, the motion passed by a vote of 6 to 0, with Odom absent. 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 6 to 0, with Odom absent. The City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3834 APPEARS ON PAGE 35.2 OF ORDINANCE BOOK )CW V/1 RIGHT-OF-WAY VACATION V94-2 Mayor Hanna introduced consideration of an ordinance vacating right-of-way located east of E. Colt Drive as requested by Charles Trantham on behalf of Worthen National Bank. 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. Odom, 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 7 to 0. The City Attorney read the ordinance for the third time. October 4, 1994 Planning Director Alett Little stated the reserved easements mentioned in the ordinance are for currently located utilities. The Planning Commission tabled this item at their last meeting. There was some confusion regarding the setbacks on the property. Staff had recommended approval subject to the maintenance of the easements. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3835 APPEARS ON PAGE OF ORDINANCE BOOR XX N// ADJOURNMENT The meeting adjourned at 9:05 p.m.