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HomeMy WebLinkAbout1994-11-16 MinutesMINUTES OF A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Wednesday, November 16, 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, Joe Box and Fred Vorsanger; 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. CALL TO ORDER Mayor Hanna called 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. APPEAL V94-5: An appeal of the Planning Commission's decision to deny Right -of -Way Vacation V94-5 to vacate a 50 foot right- of-way easement located between 1543 and 1571 Arthur's Court as requested by Carl Lewis. This item was left tabled. B. NWARAA?RESTATED AND AMENDED AGREEMENT: An ordinance approving the Northwest Arkansas Regional Airport Authority restated and amended agreement. f City Attorney Rose read the ordinance for the first time. Edens, seconded by Vorsanger, made a motion to suspend the rules and place the ordinance on its second reading. A- Alderman Williams stated he did not support placing the ordinance on its second reading. be reviewed further. • suspending rules and The agreement should, Alderman Vorsanger stated the agreement has been reviewed and modifications have been made. The Council should vote tonight. Upon roll call, the motion to suspend the rules and place the ordinance on its second reading passed by a vote of 7 to 1, with Williams voting no. The City Attorney read the ordinance for the second time. November 16, 1994 Alderman Miller stated that because the project is very important and should not be rushed, he would not be in favor of placing the ordinance on its third reading. 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 6 to 2, with Williams and Miller voting no. The City Attorney read the ordinance for the third time. Stan Green, one of the City's representatives on the Northwest Arkansas Regional Airport Authority, stated the modifications requested by the Council have been made to the proposed agreement. The modified agreement has been approved by five of the seven governmental entities. Scott VanLaningham, NWARAA staff member, explained the modifications made to the proposed agreement as requested by the Council at the last City Council meeting. Alderman Miller expressed his appreciation to the Authority for their work. In answer to a question from Alderman Williams, VanLaningham stated the limitation of liability language in the agreement is a written guarantee that provides protection for the cities and counties. The bonds will be Revenue Bonds pledged by the revenue from the airport, not a general obligation of any of the cities or counties. Alderman Williams asked City Attorney Rose if it was his understanding that the individual taxpayers from other cities cannot be held liable on these particular bonds. City Attorney Rose stated yes. Harley Brigham, Fox Hunter Road, stated the Airport Authority refuses to identify the individuals who have made a ten million dollar commitment for airport financing. He questioned if there was proof that the individuals had the money or a legal agreement signed binding them to their commitment. Brigham stated that tax dollars would pay for access roads and utility lines leading up to the airport. Our taxes are needed for road construction, school construction, a regional penitentiary, and a regional incinerator. The airport is a high-risk venture. Keeping in mind the recent election, the government may not see the need to spend Federal money on an airport in this area. We have not been made aware of a plan detailing how the bond holder will receive their money should the airport fail. There is a possibility that there would be an improvement district or a sales tax. November 16, 1994 Brigham also questioned the powers of the Authority and voiced his concern that Fayetteville would be locked into the Authority forever. He stated that Fayetteville's refusal tosign the proposed agreement would not jeopardize the airport project and asked that the Council say no to the agreement. • Zola Moon stated the Council has not appropriately addressed the issue of a failing airport. She distributed a copy of a portion of an application used to apply for funding which declared the purpose of the airport project was to provide a replacement airport for Drake Field. The Council would support that purpose by signing the proposed agreement. Alderman Miller stated the Council had addressed the consequences of a failing airport. Geraldine Gilbertson expressed concern about the slow airport development process. She stated her property has been in limbo for four years and she is ready to move on. Bonnie Rome, a property owner in the area of the proposed airport, stated she and her husband own 485 acres and do not want the airport to be developed. Alderman Vorsanger asked Mrs. Rome if she had addressed the Bentonville City Council. Rome stated she had not. Phyllis Farish, a property owner within the site of the proposed airport, stated she represented eleven others who are present. She expressed their desire to move on. Ruth Pinalto, a property owner and a realtor, stated she was representing several people involved. This process effects many lives. Although there are mixed feelings, the airport will be developed. It willnot be stopped. There has been careful consideration and it time to move forward. 4 Becky Ogle, a property owner near the proposed airport site, stated there are more than 440 individuals that want the Council to take more time to make their decision. Westill do not know who has promised ten million dollars. With the promised ten, million dollars and the ninety million that Congress has approved, we are going to have a cargo airport. There is no assurance that there will ever be a terminal. Northwest Arkansas' concern is that democracy is dead. Zola Moon, relaying a statement for someone in the audience, stated the land should be used for farming. November 16, 1994 In answer to a question from Cyrus Young, City Attorney Rose stated there had not been any changes is the agreement regarding financial indebtedness. Rose also confirmed that the proposed agreement will nullify the original agreement. Young commented that signing the agreement does not mean Fayetteville is joining the Authority. After the Authority is formed Fayetteville will only be responsible for appointing new members as needed. He stated only two governmental units are required to form the Authority and questioned Fayetteville's involvement with the regional airport issue. Young expressed concern about the City's bond rating should the airport fail. Alderman Vorsanger stated the bonds they are issuing are not obligations of any city or county government. Young asked why the agreement included provisions for an improvement district if the Authority is sure there will not be one. Alderman Box stated it was added to arrest any fears of people concerned about the issue. Young stated the laws forming airport improvement districts have not been written yet. Forming an improvement district requires signatures of two thirds of involved parties. State Legislature can write the laws any way they want. In answer to a question from Alderman Edens, Alderman Odom stated the paragraph in the agreement addressing future regulations was removed in case there was a mandate by the State Legislature. Young expressed concern about Fayetteville's participation in the Authority for the duration of the bonds. He stated the only thing required for the state of Arkansas to participate in this Authority is the Governor's signature. City Attorney Rose stated the Legislature can amend and change laws. There is some structure to improvement districts within our present law. Part of the Airport Authority law specifically makes reference to making that improvement district as close as possible to improvement districts set out in other parts of our law. Alderman Bassett stated an improvement district would take an agreement be two thirds of property owners. Its not a possibility nor an issue. November 16, 1994_` Alderman Vorsanger stated he wants Fayetteville to be a part of the Airport Authority. If we do not sign this agreement, Fayetteville will not have representation on the Authority to protect its interests. Alderman Bassett referred to Article IV ofthe agreement and stated it was very clear as to the Authority's obligations. There are many differences between this issue and the incinerator situation. Alderman Miller stated the airport will be built whether Fayetteville signs the' agreement or not. 1 Alderman Williams expressed his appreciation to the Authority for the changes they made in the agreement. He stated he would like to see an updated feasibility study before the Council makes a decision. There were some outdated figures used in the financial plan. The Council should move very slowly with a decision like this one. r,• Alderman Odom stated the Council has reviewed this many times and should make a decision tonight. Alderman Bassett stated the Council has spent months on this issue. Citizens questions have been answered honestly. Fayetteville citizens have been given legal protection and a viable airport in Drake Field. There will be a need for another airport in this area because of all the growth. Fayetteville needs representation on the Authority. Alderman Edens stated the people who are going to be buying the bonds should be the ones concerned about the feasibility study. This area needs a regional airport and Fayetteville needs to be a part of it. Alderman Box stated the agreement before the Council is very simple. Regardless of whether Fayetteville votes yes or no, the Authority is going to go forward with the regional airport. Fayetteville should have representation on the Authority. The Council should support this ordinance. Alderman Daniel stated this issue has been reviewed adequately and should be voted on. Alderman Vorsanger stated he was in agreement with what Alderman Bassett said. He requested the Council vote on the ordinance. Upon roll call, the ordinance passedby a vote of 7 to 1, with Williams voting no. • ORDINANCE 3840 APPEARS ON PAGE 36y OR ORDINANCE BOOR XX v.l November 16, 1994 CONSENT AGENDA Mayor Hanna introduced consideration of items which may be approved by motion, or contracts an leases which can be approved by resolution, and which may be grouped together and approved simultaneously under a "Consent Agenda": A. Minutes of the November 1, regular City Council meeting. B. A resolution accepting low Bid 94-78 from Ron Blackwell Ford for the purchase of eight Police Interceptor Vehicles at $18,221.62 each for a total of $145,772.96. RESOLUTION 129-94 A8 RECORDED IN THE CITY CLERK'S OFFICE. C. A resolution to continue participation and funding of the 1995/1996 Department of Justice Drug Enforcement Grant. RESOLUTION 130-94 AS RECORDED IN THE CITY CLERK'S OFFICE. Box, seconded by Odom, made a motion to adopt the consent agenda. Upon roll call, the motion passed by a vote of 8 to 0. SOLID WASTE DIVERSION PLAN Mayor Hanna introduced consideration of an ordinance approving a Solid Waste Diversion Plan. City Attorney Rose read the ordinance for the first time. Miller, seconded by Vorsanger, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 8 to 0; and the City Attorney read the ordinance for the second time. Miller, seconded by Odom, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the third time. Public Works Director Kevin Crosson stated the three components of the Solid Waste Diversion Plan are curbside recycling, a commercial cardboard recycling program, and a commercial apartment recycling program. Crosson stated the curbside recycling program, which is the main component, will allow the disposal of garbage, recyclables and yard waste on the same day. A blue bag system will be used for collecting aluminum, glass, cans, plastic milk jugs and soda containers. The City will supply the first year of blue bags. Newspaper and cardboard will be collected in separate containers. The City's goal in reducing collections to once per week is to offer curbside recycling at no additional cost to residents and to 1 `' November 16, 1994: - use existing equipment and manpower. Collections will be made on four days leaving the fifth as a swing day. The city will be divided into four areas. All materials in a particular area would be collected on one day. The existing drop-off stations will be relocated and become part of the apartment complex recycling program. With a 70% participation rate anticipated, the City intends to conduct a 45 to 60 day intensive education program which would include the use of the government channel, flyers in water bills, and ads in newspapers. The project is expected to be implemented in January or February of 1995.. The City will bid out the processing of the materials until its processing facility is completed in late 1995. The second component of the Diversion Plan is the commercial cardboard program. The City will lease containers to businesses and provide incentives for using the program. Initially, high cardboard generating businesses will be targeted.. The third component of the Plan is the commercial apartment program. Eight drop-off centers will be strategically located throughout the city in eight different apartment complexes. Expansions and modifications will be made as needed. • Alderman Daniel expressed appreciation for the work done by the Public Works staff and stated Fayetteville residents have been interested in a recycling program. In answer to a question from Alderman Edens, Environmental Affairs Administrator Cheryl Zotti stated businesses that generate a small percentage of waste could participate in the commercial can program which will be addressed in the Upgrade'Proposal. In answer to a question from Alderman Williams,. Crosson stated the program will be convenient for businesses. Alderman Bassett stated the proposal is reducing pick-ups from two to one with curbside recycling, with no rate increase. Alderman Miller expressed his approval and appreciation for the program and stated the collection process will be more efficient. In answer to a question from Alderman Daniel, Crosson stated the program will be implementedsimultaneously in all areas of town with exception of the Apartment Recycling Program. In answer to a question from Alderman Bassett, Crosson stated a key element in implementing the program without a rate increase is to reduce pick-ups to once a week. November 16, 1994 In answer to a question from Alderman Edens, Crosson stated the 70% participation rate is based on the drop-off program. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3841 APPEARS OF PAGE 37? OF ORDINANCE BOOK A-ir ' SOLID WASTE OPERATIONS UPGRADE PROPOSAL Mayor Hanna introduced consideration of an ordinance approving a Solid Waste Operations Upgrade Proposal. City Attorney Rose read the ordinance for the first time. Miller, 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 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 8 to 0. The City Attorney read the ordinance for the third time. Crosson stated the proposed ordinance will update our solid waste services by requiring commercial accounts to containerize all waste, establish a container fee structure, establish a container rental program and fee structure, and increase fees charged for extra services. Crosson explained specific problems with the existing commercial can program and stated the City loses money each month because businesses are generating more trash than they are paying for when they sign up for the service. The City will assist businesses in setting the level of services they will need. Containers will be purchased by the City and sold to businesses at cost. In answer to a question from Alderman Edens, Crosson stated the contents of the dumpsters will be identified by color coding. upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3842 APPEARS ON PAGE 390 OF ORDINANCE BOOR Xx v// EMINENT DOMAIN Mayor Hanna introduced consideration of an ordinance authorizing the City Attorney to initiate eminent domain proceedings to acquire property owned by Virginia Cravens for an easement to construct an underground drainage structure in conjunction with street and associated improvements in the southeast target area. .November. 16, 1994_' Mayor Hanna explained this is a part of a Community Development project that the City is doing to improve drainage along the Mill Street extension for the juvenile detention center. He stated the City has not been able to locate the owner. The owner's estate will be compensated. City Attorney Rose read the ordinance for the first time. Edens, seconded by Vorsanger, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 7 to 0, with Miller absent. The City Attorney read the ordinance for the second time. Miller, seconded by Vorsanger, made a motion to further suspend the rules and place the ordinance onits third and final reading. Upon roll call, the motion passed by a vote of 8 to 0; and the City Attorney readtthe ordinance for the third time. Upon roll call, the motion passed by a vote of 8, to 0. ORDINANCE 3843 APPEARS ON PAGE 393 OF ORDINANCE BOOK X,rv/i PROPERTY ACQUISITION Mayor Hanna introduced an ordinance authorizing an amendment to AIP Grant #15 to add tracts 69, 83, 84, and an avigation for tract #104 to the Land and Easement Acquisition Project and related budget adjustment in the amount of $230,362. This will be a voluntary acquisition program, with 90% of expenses reimbursed by the FAA. City Attorney Rose stated the amendment may be done by a resolution. Rose read the resolution. - Vorsanger, seconded by Odom, .made a motion to approve the resolution. Alderman Williams asked if this was necessary. Airport Manager Dale Frederick stated obstructions that penetrate our protected airspace around the airport were identified at the beginning of this project. The objective has been to remove as many of those obstructions as possible with the funding available. Because the exact cost could not be determined without going through the process, a decision was made to hold back on some of the properties that least impacted the clear spaces and bring the project forward,then look at the funding at the end of the project. Upon roll call, the motion passed by a vote of 8 to 0. �,. RESOLUTION 131-94 AS RECORDED IN THE CITY CLERK'S OFFICE. November 16, 1994 EASEMENT VACATION Mayor Hanna introduced an ordinance vacating a sewer easement on property owned by the Simplex Motel Group, located west of Shiloh Drive and south of Highway 62 West. City Attorney Rose read the ordinance for the first time. In answer to a question from Alderman Edens, Planning Director Alett Little stated the vacation had not been before the Planning Commission. This easement is a sewer easement and is owned by the City. Other easement vacations are heard by the Planning Commission because they represent interests other than the City. The line has been relocated so staff recommends to vacate. Miller, seconded by Odom, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 8 to 0; and the City Attorney read the ordinance for the second time. Odom, seconded by 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 3844 APPEARS ON PAGE 393 - OF ORDINANCE BOOK ,(1)(1il REZONING R94-52 Mayor Hanna introduced consideration of an ordinance rezoning 3 acres located at 40 N. Crossover Road from R-1, Low Density Residential to R -O, Residential - Office, as requested by David Mersky and Harriet Nieman. City Attorney Rose read the ordinance for the first time. Vorsanger, 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. Odom, seconded by Miller, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3845 APPEARS ON PAGE "foo OF ORDINANCE BOOK null 4 November 16, 1994x' ALLEY VACATION V94-8 Mayor Hanna introduced consideration of an ordinance vacating 75 feet of an east -west alley located next to 527 S. Block Avenue as requested by Obert Undem on behalf of Cecil Chappell. City Attorney Rose readthe ordinance for the first time. Alderman Williams`asked about the possibility of being reimbursed for vacating City property. The Council should establish a policy regarding this matter. Mayor Hanna stated the Council would address that issue. .This alley vacation is in relation to a piece of property being rehabilitated through the Community Block Grant Program and was initiated by the City. Williams, seconded by Miller, made a motion to further suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 8 to 0. 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 Q. The City Attorney read the ordinance for the third time. 4 Upon roll call, the ordinance passed by a vote of 8 tol0. . ORDINANCE 3846 APPEARS ON PAGE 1O& OP ORDINANCE BOOK 44v// ALLEY VACATION V94-9 • Mayor Hanna -introduced consideration of an ordinance vacating 375 feet ofa north - south alley located north of llth.Street, between School and Locust, as requested by John and Frances Reed. ,City Attorney Rose stated there is a problem with the legal description and should be tabled until the next meeting. Little agreed. OTHER BUSINESS OVERLAY LAWSUIT MEETING Mayor Hanna stated the Council isscheduled to have a special meeting on Tuesday, November 22, at 4:30, to hear a report from the City Attorney regarding the Overlay District lawsuit. November 16, 1994 1995 BUDGET MEETING Mayor Hanna stated each Council member should review the schedule of meetings to discuss the proposed 1995 budget. The proposed budget will be presented after the special meeting on November 22. DECEMBER 6TH COUNCIL MEETING RESCHEDULED Mayor Hanna asked the. Council if they would like to consider rescheduling the December 6 City Council meeting to December 7 due to the Razorback Basketball game. Louise Schaper expressed her objection to rescheduling the meeting. Alderman Box, seconded by Vorsanger, made a motion to move the December 6 City Council meeting to December 7. Upon roll call, the motion passed by a vote of 8 to 0. ADJOURNMENT The meeting adjourned at 9:00 p.m.