HomeMy WebLinkAbout1995-04-04 Minutes129
MINUTES OF A MEETING OF THE CITY COUNCIL
A meeting of the Fayetteville City Council was held on Tuesday,
April 4, 1995, 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,
Cyrus Young, Woody Bassett, Steve Parker, Len Schaper,
and Heather Daniel; City Attorney Jerry Rose;
City Clerk/Treasurer Traci Paul; members of the staff,
press, and audience.
CALL TO ORDER
Mayor Hanna called the meeting to order with seven aldermen
present.
ALDERMAN APPOINTMENT - WARD 3, POSITION 2
Mayor Hanna introduced consideration of appointment of a new City
Council member for Ward 3 Position 2.
The City Council went into Executive Session.
After the Council returned to the regular meeting, Alderman
Williams thanked all the applicants and stated that choosing one
was a difficult decision.
Williams, seconded by Young, made a motion to nominate Jimmy Hill
for Alderman.
Upon roll call, the motion passed with a unanimous vote of 7 to 0.
Mayor Hanna stated that Alderman Hill should be present in two
weeks for the Regular Council Meeting to be sworn in by a judge and
he should be present at the Agenda Session on Tuesday, April 11,
1995.
Alderman Miller stated that the decision was a very difficult one.
REPORT FROM OMI
Mayor Hanna introduced the next item on the Agenda as a report from
OMI by Jake Rohrich who gave a brief history and progress report
on Plant 88 and presented transparencies and further introduced his
fellow employees, including Bill Hammonds, Assistant Plant Manager,
and Mike Ross.
Rohrich discussed waste water effluent discharge compliance and
stated that they had done a remarkable job.
130
Regarding bio solids compliance, Rohrich stated that they were
barely making compliance but no sludge was ever discharged that did
not comply with regulations.
Regarding the odor, Rohrich stated that this was not acceptable and
that Black & Veech hadrecommended coveringand scrubbing the odors
from 6 tanks, building additional sludge thickening facilities and
remodeling other facilities at a cost of $2:3•million which would
accomplish their goals but noted thatthis would require additional
bond issues.
Rohrich reviewed the transparencieswhich included screening of
stabilization options, summaryof costs, summary of non -economic
analysis and alternative proposals.
Rohrich stated that they had installed a dome and began the high
rate digestion process and stated that the conditions and odors
produced have constantly changed in their chemical makeup due to
the bio mass inside the tank. At this time the process in its
beginning stages is stable. Further he stated that volatile solids
reduction is synonymous with organic materialand is the basic
principle in the digestion process which takes 20 days or more
dependant upon the weather.
Rohrich stated that the gases present include ammonia (200 parts
per million but has dropped as low as 25), hydrogen sulfide, and
carbon monoxide. These conditions constantly change and they have
tried to remedy the situation by introducing chemicals known to
molecularly change the compounds to have no odor.
In answer to a question from Alderman Schaper regarding monitoring
methane., Rohrich stated that they do not monitor specifically for
methane but do monitor for explosive hydrocarbons. Further Rohrich
stated that he would not expect to have methane in the dome.
Rohrich stated that the odor controlling chemicals they have
introduced into the dome have failed due to unstable biological
activity in the dome. Soon there will be stability in biological
activity which would allow for chemical analysis of the gases to
determine which chemicals to introduce to control the odor.
Rohrich stated that he believed the experiment would save money but
if it failed they would need to take immediate measures to press
the sludge dry and dispose of same. The bottom line is to achieve
stability and analyze the noxious gases.
Rohrich stated that they have purchased a scrubber and built their
own scrubber to hold down the odors. Rohrich stated that they were
working to pinpoint which of the scrubbers were producing the
noxious odor..
131
April 4, 1995
In answer to a question from Alderman Schaper regarding what the
process was they were trying to create in the digester, Rohrich
stated that they were taking aerobic digesters and high rating them
into autophyrmic thermophilic digesters. Further he stated that
they were negotiating contracts to have a study done on anaerobic
digestion alternatives. Additionally he stated that the anaerobic
process would produce methane and they had done studies to
determine whether or not the methane could be captured and used to
fuel city vehicles. This idea had not been proven to be feasible.
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. COMMERCIAL DESIGN STANDARDS: An ordinance amending
Section 160.035, 160.036, 160.037, and 160.038 of the
Code of Fayetteville to provide for additional commercial
design standards.
Mayor Hanna stated that City Attorney Rose had requested that this
matter be referred to the Ordinance Review Committee.
City Attorney Rose explained there had been many suggestions made
revising the proposed ordinance. It is difficult to draft an
ordinance as it is being presented. The Council -may want to work
on the ordinance and then bring it forward.
Alderman Bassett stated the Ordinance Review Committee would review
the ordinance.
Alderman Williams suggested the Council allow public comments.
Charles Agee inquired as to whether or not the Ordinance Review
Committee would have a public hearing and be advertised.
Alderman Bassett stated that the meeting of the Ordinance Review
Committee should be immediately after the Agenda Session Meeting.
Mayor Hanna stated that the hearing would be Tuesday, April 11, at
5:30 in Room 326 and further stated that it would be advertised.
Alderman Bassett stated that the Noise Ordinance would also be
considered at that the Ordinance Review Committee Meeting.
Tom McKinney with the Ozark Sierra Club of Fayetteville presented
pictures that he had taken of a landscaped Wal-Mart parking lot in
Austin, Texas. He expressed a positive feeling for the design
standards. Discussion ensued. He recommended that the Council
adopt the design standards.
132
April 4, 1995
Alderman Daniel inquired as to whether or. not. the landscaping in
the Austin, Texas, Wal-Mart parking lot was required under city
ordinance.
McKinney responded that he was not sure whether the City of Austin
had required landscaping under code or whether.Wal-Mart .initiated
it. McKinney offered torinvestigate the code" of the City of
Austin. _ •
Agee stated that he was a member of the coalition of independent
business people and stated that'he had returned,to the Fayetteville
area for the economic opportunities. He stated his objection to
design standards in that.it favored large'business;over independent
small business:: r= ,
Alderman Williams stated that he favored in-depth discussion and
study on design standards.
Williams, seconded by Parker, made a motion to table and refer the
issue to the Ordinance Review Committee.
Upon
roll call, the motion passed with a unanimous vote of 7 to 0.
B. DETACHED SECOND DWELLING UNITS:• An ordinance amending
Chapter 160, Zoning Code, of the Fayetteville Code to
establish standards and regulations for detached second
dwelling units within residential districts as a
conditional use.
The City Attorney read the ordinance for the second time.
Alderman Daniel inquired as to
detached second unit and the
shall not exceed 1,200 square
the total area of floor space of the
requirement that those structures
feet.
Planning Director Alett Little stated that it would include the
total area of living space.
Discussion ensued regarding the substantial size allowable for
detached second units.
Alderman Schaper inquired as to whether or not this was excessive
and suggested that the unit be limited to 1,000 square feet.
Alderman Schaper stated that the importance of the ordinance was
the provision wherein one of the structures is owner occupied.
Mayor Hanna suggested that the ordinance not require size of the
structure.
Alderman Parker agreed with the striking the size limitation.
133
April 4, 1995
Alderman Young stated that the lot would determine the size of the
structure.
Little stated that it is intended for a habitable unit and not a
storage building. She explained that a section regarding
conditions for approval which enumerates the criteria the Planning
Commission should consider in granting detached second dwelling
units was omitted from the reading.
Discussion ensued regarding omission of the "Emergency Clause" and
whether or not to limit the size of the units.
Little stated an emergency clause was not in the latest draft.
Rose stated that what he read was not the same as what was provided
to the Aldermen.
The City Attorney read section "C. Conditions for Approval."
Little stated that it might sound like a lot of regulations but
that it would permit something not currently addressed by
ordinance.
Mayor Hanna stated that in the past there had been requests for
such units.
Alderman Williams stated that the conditions for approval should be
stated in the ordinance to protect adjoining property owners.
Alderman Schaper requested that public comment be allowed. There
was no response.
Mayor Hanna stated the size should not be restricted to 1,200
square feet.
Alderman Williams requested that the ordinance be left on the
second reading and taken up at the next meeting.
C. FLOOD DAMAGE PREVENTION: An ordinance adopting the Flood
Damage Prevention Code for the City of Fayetteville.
In answer to a question from Mayor Hanna, the City Attorney read
the section of the code relating to rules for reading of ordinances
as follows:
"...A11 By -Laws and Ordinances of a general and public
nature shall be fully and distinctly read on three
different days unless two thirds of the members composing
the municipal panel shall dispense with the rule."
The City Attorney read the Ordinance for the second time.
•
•
134
April 4, 1995
Elam Denham .stated that he had attended the Planning Commission
hearing and that there was not a lot of interest and that perhaps
people don't know what this Ordinance could mean.
Little stated that the Ordinance would not affect the flood plain
area as designated by FEMA maps but didprovide a formula to
calculate the flood zone for insurance purposes.
Denham stated that he felt the reason for such complacency on
behalf of the public stemmed from inadequate publication of notice.
Additionally he requested extra effort, i.e. letters, to contact
and invite people to the public hearings.
Alderman Williams stated that the Council had made a good effort to
inform the public of the proceedings by televising meetings of the
Planning Commission and City Council.
The ordinance was left on the second reading.
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 March.21, regular City. Council
meeting.
B. A resolution approving a budget adjustment in
the `amount of $27-,634 for -the`FY'95 ISTEA
Enhancement project Job #040221, Fayetteville
Railway Corridors Preservation. The funding
source is City sales tax reserves. The City's
20% match of the project budget is comprised
of the project balance ($2,052) and budget
adjustment in the amount of $27,634. These
two items total $29,686.
RESOLUTION 49-95 AS RECORDED IN THE CITY CLERK'S OFFICE.
C. A resolution approving Task Order #3 with
McClelland Consulting Engineers for the
necessary services required to prepare a
passenger facility charge application. The
fee for services is $25,000, and is 100%
reimbursable from collection proceeds as a
necessary expense in project
formulation/application costs.
RESOLUTION 50-95 AS RECORDED IN THE CITY CLERK'S OFFICE.
135
April 4, 1995
D. A resolution approving an agreement between
the City of Fayetteville and the Chamber of
Commerce addressing funding of the Square
Garden Maintenance and approving one
additional full-time position for the
maintenance of the Square Garden and approving
a budget adjustment.
RESOLUTION 51-95 AS RECORDED IN THE CITY CLERK'S OFFICE.
E. CEC REVENUE BONDS REFINANCING: The City
Council is requested to approve a bond counsel
contract in the amount of $15,000 plus out-of-
pocket expenses for the refinancing of the
1979 Continuing Education Center Revenue bonds
with the Mitchell, Williams, Selig, Gates, &
Woodyard firm of Little Rock, Arkansas.
RESOLUTION 52-95 AS RECORDED IN THE CITY CLERK'S OFFICE.
F. Purchase of right of way at the corner of
Joyce and Highway 71. Resolution approving
the mayor to approve the payment of just
compensation of $43,510 to Duane B. Nelson
Revocable Trust for the purchase of land and
the use of land necessary for intersection
improvement to Joyce Boulevard and Highway
71B.
RESOLUTION 53-95 AS RECORDED IN THE CITY CLERK'S OFFICE.
Schaper, seconded by Daniel, made a motion to accept the consent
agenda. Upon roll call, the motion passed by a vote of 7 to 0.
CONTRACT CHANGE ORDER
Mayor Hanna stated that this item had been pulled from the Consent
Agenda at the Agenda Session and introduced consideration of a
resolution approving Change Order No. 3 to the construction
contract for the Mill Avenue extension and approving a budget
adjustment.
Mel Milholland, design engineer, responded to Staff Engineer Jim
Beaver's concern regarding the overrun. Discussion ensued
regarding subgrades, the history of the project, and materials used
to get the area to grade standards.
Alderman Williams requested clarification on "hard pan" and
Milholland stated that hard pan was native material and further
explained that the material on top of same was fill material
including logs and posts which would not have supported the street.
Discussion ensued regarding excavation and the hillside material.
136
April 4, 1995
Alderman Daniel stated that she supported .doing.. things correctly
and supported the change order even in .light of the extra expense.
Discussion ensued regarding Mr. Venable's inspection of the site
and the expense involved in redoing the project later.
Bassett, seconded by Parker, made a motion to approve the
resolution.
Upon roll call the motion passed with a vote of 7 to 0.
RESOLUTION 54-95 AS RECORDED IN THE CITY CLERK'S OFFICE.
VACATION V95-1
Mayor Hanna introduced consideration of an ordinance vacating a
portion of an alley located at the corner of Maple and Gregg Ave.,
as requested by Sigma Chi Building Corporation.
Mayor Hanna stated the Planning Commission voted unanimously to
recommend the vacation subject to the owners providing all
relocations and other accommodations to the utilities as requested.
The City Attorney read the Ordinance for the first time.
•
Williams, seconded by Bassett, 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. r.
•
The City Attorney read the Ordinance for the second time.
Bassett, seconded by Schaper,.made a:motion to further suspend the
rules and place the ordinance on rite-thiid'reading. Upon roll
call, the motion passed by a vote of 7. to 4. •..u#
The City Attorney read the Ordinance for the third and final time.
Upon roll call, the ordinance passed by a vote of 7 to 0.
ORDINANCE 3884 APPEARS ON PAGE OF ORDINANCE BOOR
•
VACATION V95-4
Mayor Hanna introduced consideration of an ordinance vacating a 3
foot strip parallel and adjacent to the existing 17:5 foot utility
easement on Lot 1 of North Point Subdivision, as requested by Kirk
Elsass.
Mayor Hanna stated the Planning Commission voted unanimously to
recommend the vacation.
The City Attorney read the Ordinance for the first time.
137
April 4, 1995
Kirk Elsass stated that he had no comments and further stated he
was available to answer any questions.
Alderman Parker inquired as to whether or not the language was
acceptable to the utility representatives.
Little stated that Dave Jurgens was present and that after several
on site meetings was satisfied that the 3 foot easement would be
adequate.
Discussion ensued regarding why the easement space was necessary.
Elsass gave a history of the tract and stated that at purchase they
had anticipated adjustments to meet the easement requirements,
setback requirements, and green space requirements.
In answer to a question from Alett Little regarding the date the
subdivision was platted, Elsass stated that he thought it was
platted 5 years ago but was not certain.
Alderman Williams stated that he felt it would be appropriate to be
accommodating in a situation such as this.
Williams, seconded by Young, moved to
the Ordinance on the second reading.
passed with a vote of 7 to 0.
The City Attorney read the Ordinance
suspend the rules and place
Upon roll call, the motion
for the second time.
Miller, seconded by Daniel, moved to suspend the rules and place
the Ordinance on the third and final reading. Upon roll call, the
motion passed with a vote of 7 to O.
The City Attorney read the Ordinance for the third and final time.
Upon roll call the Ordinance passed with a vote of 7 to 0.
ORDINANCE 3885 APPEARS ON PAGE OF ORDINANCE BOOK
ANNEXATION & REZONING R95-5 AND R95-6
Mayor Hanna introduced consideration of an ordinance annexing 99.8
acres located north of Huntsville Road and east of Jarnagan Lane
and rezoning 38.49 acres of the property from A-1, Agricultural to
R-1, Low Density Residential and 8.07 acres of the property from A-
1, Agricultural to R -O, Residential -Office.
Mayor Hanna stated the Planning Commission voted 4-2-0 to recommend
the annexation and 5-1-0 to recommend the rezonings.
The City Attorney explained the 3 Ordinances and introduced a
letter from Rick Osborne, Attorney for the applicant.
138
April 4, 1995
Osborne explained the genesis of the request for R -S zoning.and
development plans for the site. Osborne explained that the
petitioner would be willing to offer a Bill of Assurance
restricting development to 5 units per acre.
Alderman Parker inquired as to whether or not the development would
proceed without an R -S zoning and Osborne stated that the
petitioner wanted 5 units per acre.
In answer to a question from Alderman Young regarding whether or
not R -S zoning was requested for the entire site, Osborne stated
that was correct and that they had no plans to rezone the flood
plain.
Alderman Miller stated that the development appeared to be
clustered as the Council had recommended and further he inquired as
to future plans for the flood plain area.
Osborne stated that at this time there was no plan for development
of the flood plain area. He explained that the front section of
the tract would be developed as R -O and that a park and greenspace
would be included.
Fidel Bayari stated that they had no development plan for the flood
plain but that they had planned a park in the bluff area.
Alderman Schaper requested that the petitioner provide permanent
conservation of the flood plain area to prohibit development of
that area for all time. Discussion ensued regarding ownership and
maintenance of the area.
Milholland clarified the uses
Little stated that there are
and 8.07 acres in the rezoning
City.
of the tract and the acreage splits.
61.31 acres in the flood plain area
area that have been annexed into the
Milholland stated that half of the 61.31 acres are in the flood way
and are therefore unable to be developed but that the other half of
the tract is in the flood plain which could be developed if brought
to standard. Discussion ensued regarding the flood potential of
the White River.
Milholland reiterated that there were not plans for development of
the flood plain area.
Alderman Schaper restated the request and commented on the
clustering recommendationas stated -'iii the Planning Commission
Minutes.
Discussion ensued regarding the legal description and the amount of
land contained in the tract.
139
April 4, 1995
Alderman Young stated his concern regarding the density.
Alderman Williams suggested a 10 acre easement.
Alderman Schaper expressed concern regarding the traffic impact of
the development. Discussion ensued.
Alderman Parker stated that the traffic would be a negative impact.
Osborne stated that this area would have less traffic than
Wedington.
Alderman Schaper expressed concern that the Wedington traffic was
a burden and recommended against creating a similar burden in the
subject area.
Alderman Daniel commented that Dale Clark of the Parks Department
had looked at the plat and chosen the park land. Discussion ensued
regarding green space and saving the same under any conditions.
Discussion ensued regarding the 100 year flood plain.
Alderman Daniel inquired as to the effect of passage of the flood
plain ordinance as stated in the Planning Commission Minutes.
Little stated that there were two provisions in the Flood Plain
Ordinance which affect this development and further stated that the
petitioner was aware of the provisions and would comply with the
Ordinance. Under Ordinance, every lot within the flood plain must
have a minimum of 6,000 square feet outside the flood plain and if
it is impossible to plat a lot with 6,000 square feet out of the
flood plain, the minimum lot size must be 1 acre.
Alderman Schaper restated his concern that at a later date that
area could be filled in and taken off the FEMA map and requested
for rezoning to R -S. Discussion ensued regarding infill of the
flood plain and insurance requirements and options regarding
approval or disapproval of the petitioner's request.
Discussion ensued regarding the
available for future development.
Alderman Schaper stated that he was
flood plain acreage.
potential amount of acreage
against any development of the
Alderman Parker inquired as to the amount of cost incurred by the
City, if any, as a result of this annexation and rezoning.
Little stated that there were no City costs. Discussion ensued
regarding" water and sewer line locations. Further discussion
ensued on how to proceed procedurally.
190
April 4, 1995
Williams, seconded by Miller, made a motion to table the item until
the next meeting. Upon roll call, the motion passed with a vote
of 7 to 0.
RURAL FIRE CONTRACTS
Mayor Hanna introduced consideration of an ordinance amending
Section 33.046 of the Code of Fayetteville to establish annual fees
for rural fire contracts for the two year period of June 1, 1995,
to May 31, 1997.
The City Attorney read the Ordinance for the first time.
Alderman Miller inquired as to whether or not this was a financial
burden to the City.
Alderman Williams stated that if there was additional annexation to
square off the City in the future, an examination of coverage
expansion would be prudent.
Williams, seconded by Young, made a motion to suspend the rules and
proceed to the second reading. Upon roll call the motion passed
with a vote of 6 to 1, with Parker absent.
The City Attorney read the Ordinance for the second time.
Williams, seconded by Miller, made
rules and proceed to the third and
the .motion passed with a vote of 6
a motion to further suspend the
final reading. Upon roll call
to 1, with Parker absent.
The City Attorney read the Ordinance for the third and final time.
Alderman Schaper inquired as to what point the two mile coverage
radius applies to the corporate limits of Fayetteville. He
expressed his concern of expanding the boundary.
•
Mayor Hanna stated that fire contracts are limited to two miles
from the corporate:city limits.. .
Upon roll call, the ordinance passed with a vote of 6 to 1, with
Daniel absent.
ORDINANCE 3886 APPEARS ON PAGE, OF ORDINANCE BOOR-
CONSTRUCTION CONTRACT
Mayor Hanna introduced consideration of a resolution accepting Bid
95-14 and awarding a construction contract with the lowest
qualified bidder, Kim Construction, Inc., for manhole
rehabilitation, Illinois River Watershed Basins 12-14, 17, 20-22,
in the amount of $1,223,565 plus a 5% contract contingency of
$61,178, for a total cost of $1,284,743.
141
April 4, 1995
Mayor Hanna stated there has been controversy regarding this issue
and that a lawsuit has been filed regarding the awarding of this
bid.
David Nixon, representing BB&B Construction, explained that BB&B
had submitted a bid which was not opened and they believe they are
the low bidder on the project. Nixon stated that it was his
understanding that the reason their bid was not opened was because
they did not satisfy the pre-bid qualifications. BB&B's position
is that the pre-bid qualifications are illegal and have filed suit
in Federal Court. BB&B's request to the Council is to table this
item and not award the bid.
Alderman Parker requested copies of the complaint.
Rose responded that he had received summons on the suit and
reviewed the legal problems. Rose explained that he had counseled
with the staff and discussed their reasoning for pre-bid
qualifications. The reasons seem to be sound. In reviewing the
law regarding pre-bid qualifications, Rose stated he could not find
anything illegal with the City's procedures and recommended
proceeding with the contract. Cancelling a contract with Kim
Construction would cost the City money.
David Jurgens stated that there had been problems in the past with
rehabilitation projects either taking too long or going into
default. The answer to the situation was to establish pre -
qualifications based on past work history and ability to complete
the job and then the qualifications were ranked based on the size
of jobs completed. BB&B had not done a job of this size. The
City is under deadline with an EPA Constraint Order and pre -
qualifications protect the City.
Discussion ensued regarding default contracts.
Rose recommended that the Council proceed with voting on the
contract with Kim Construction.
Jurgens stated that BB&B had not asked for an injunction.
Discussion ensued regarding a 2 week delay.
Bassett, seconded by Parker, made a motion to accept the Resolution
for Bid 95-14.
Upon roll call, the motion passed with a vote of 7 to 0.
RESOLUTION 55-95 AS RECORDED IN THE CITY CLERK'S OFFICE.
CITY COUNCIL RULES OF ORDER AND PROCEDURE
Mayor Hanna introduced consideration of the Rules as discussed at
an earlier meeting.
142
April 4, 1995
Alderman Young requested procedure guidelines for reading of
resolutions and ordinances, adding procedures for appointing
council members, and, provisions for quorums.
Discussion ensued regarding the language contained in provision
number 5 regarding abstaining votes. -
Fran Alexander stated that she would suggest that the rules of
order and procedure require that public comment be specifically
asked for after each reading of an item. Discussion ensued
regarding the Agenda Sessions allowing for public comment.
Alexander stated that the public should be made aware as to how
items are placed on the Agenda and how to address the Council.
Further discussion ensued regarding the confusion created in
tabling an item.
Alderman Bassett stated that the Ordinance Review Committee Meeting
on Tuesday, April 11, would be advertised to begin at 5:00 with the
understanding that it would immediately follow the Agenda Session.
Discussion of the Noise Ordinance would be the first item and
discussion of Commercial Design Standards would follow.
OTHER BUSINESS
City Attorney Rose summarized an additional summons and complaint
regarding a contract with Bonds Long for sewer rehabilitation work.
He explained that .they started the project and failed to complete
it. They then made demand upon the bond with Universal Surety of
America who denied payment on the grounds that Arkansas statute
provided that contract bid forms for these project must include a
separate pay item for trench or excavation safety systems. This
was omitted from the City's contract. The plaintiff asked for
declaratory judgment. Discussion ensued regarding defense
strategies.
ADJOURNMENT
The meeting adjourned at 9:00 p.m.
•