Loading...
HomeMy WebLinkAbout1995-11-28 Minutes523 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL A special meeting of the Fayetteville City Council was held on Tuesday, November 28, 1995, at 3:30 p.m., in room 326 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. PRESENT: Mayor Fred Hanna; Aldermen Woody Bassett, Steve Parker, Jimmy Hill, Len Schaper, Kit Williams, and Cyrus Young, Sr. Clerk Typist Jane Heth, City Attorney Jerry Rose; members of the staff, press, and audience. ABSENT: Aldermen Heather Daniel and Stephen Miller CALL TO ORDER Mayor Hanna called the meeting to order with six aldermen present. Mayor Hanna mentioned that the two absent aldermen were in the Dominican Republic. PROPOSED LANDFILL - HOBBS MOUNTAIN Mayor Hanna explained that the reason for the special meeting was to consider two resolutions regarding Sunray and the proposed landfill on Hobbs Mountain near Durham, Arkansas. City Attorney Jerry Rose asked if the Council wanted to discuss the resolutions one at a time and if so which one would be first. He then read the resolution opposing site development and construction at the proposed Hobbs Mountain landfill site prior to the culmination of the appeal process. Of the two resolutions, this was the one he was asked to draft first. Mayor Hanna spoke of the short notice given for this meeting but explained he'd received a call from an attorney in Little Rock, Gregory Yeatman, who is a representative for Sunray. At that time, Mr. Yeatman informed the Mayor that his request to allow construction was only for the preparation of the road surface. Mr. Yeatman wanted to be present to inform the Council about this request. The Mayor stated he'd also had staff check with the Four -County Solid Waste District to provide a representative to discuss this issue. Mayor Hanna stated to the Council that the City Attorney had informed him that a resolution or ordinance takes five votes to pass, a majority of the elected council. He noted only six aldermen were present. Mayor Hanna opened the discussion to the audience and staff. Phyllis Rice, Assistant to the Mayor, noted for the Council and Mayor that representatives for the White River EPA were also present. 524 r November 28, 1995 Alderman Williams asked the Sunray representative why the..stay should not be enforced as it is now, to let the process work -and•` get a decision before construction begins. Randy Holcomb, District Manager of Sunray Services, Inc., replied that this is allowed by regulations.. He distributed to the Council copies of Sunray's petition. They have asked for basic road and grubbing work, nothing that they would not`have„been entitled to if it had not been a landfill in question. They could have done this two months ago before the landfill permit was granted; it really has nothing to do with construction of the landfill. It is general site improvement, regardless of the outcome of the appeal process. It is basic roadwork, drainage control, tree clearing; etc. • Alderman Schaper asked why Sunray would want to do that if they might lose the appeal and not be able to build the landfill. _ Holcomb replied that they have other uses for the property and wouldcontinue to develop and make use of the property. In response to a question from Alderman Parker, Holcomb did not want to publicly speculate on what the other uses might be. In response to a request for an example from Alderman Parker, Holcomb stated one use might be no more than to create a hundred - acre pasture with road access and surface water control. -- In response to a request from Alderman Williams'for'an estimation of how long it would take to make these improvements, Holcomb stated it was strictly an issue of weather. Assuming good weather, he thought it might take a month or two. Alderman Williams asked for further clarification of the -permit that was approved, asking if it was only for the landfill beyond the •two-mile buffer zone or did it include all Hobbs Mountain. Holcomb replied it was only for the area outside thetwo-mile buffer zone, approximately 16 acres. - Alderman Parker asked if this two-mile buffer zone -was from the White River itself and how far is it from the watercourse at the foot of Hobbs Mountain, which is a direct tributary to the White River. Holcomb answered that this is a dry stream bed fifty percent of the year and further answered that it is about one mile from the river; from the footprint of the landfill by watercourse -it is two and a half to three miles to the White River. Alderman Schaper remarked that 16 acres is not a very big landfill and asked why one is being considered at this site. 525 November 28, 1995 Holcomb stated that Sunray believes it is economically viable. In response to a question from Schaper, Holcomb replied they plan to put municipal solid waste there. Alderman Parker stated that he'd sat through one of the hearings and saw the description of the materials allowed, which included dead animals such as chicken kills caused by cold weather. Holcomb responded that by regulation this could be allowed but it is a very minute part of the waste stream. Most of the poultry farms make other arrangements for dead animals. In response to a question from Alderman Williams, Holcomb responded that the appeal hearing is scheduled for March 1, 1996. He reiterated that they are petitioning for basic earthwork, part of the construction process of a landfill, chicken farm, subdivision, pasture, etc. In response to a question from Alderman Schaper, Holcomb said weather considerations were the reason for the petition being made now. Mayor Hanna asked for further questions from the audience. Jennifer Hanson, a member of the White River EPA, responded to comments made by Holcomb. She stated the appeals process is a normal and required part of the process. It has been moving through the courts abiding by all the standard regulatory dates and practices. Sunray's request is highly irregular and could moot their appeal. Their appeal is based not only on comments made during the original permitting process, but also on expanded information gathered since. This information needs to be seen by the public. If Sunray's motion is granted, the public may not have that opportunity. Because of the potential impact not only on the water quality but also on the taxpayers, she urged the Council to consider this matter seriously. Earthwork on the site has to some extent already been initiated, possibly in violation of federal and state regulations. This is not just a private property issue. Earth mutilation and alteration on the site affects not only issues of archeological importance, of game and wildlife importance, and water quality importance, but also the life quality of all people who live along this stretch of property. For the fifty percent of the year when this is not a dry creek, the earth alteration also impacts all the streams which are downstream of this runoff area, which serve 150 farms. Mayor Hanna cautioned that the meeting was about to turn into a public hearing. He stated this meeting is for the consideration of the resolution. • • 526 1 November 28, 1995 Alderman Williams commented that the first -resolution needs'to,be moved..on,but the appeal on the second resolution won't be heard until March 1. The stay 'will be heard much sooner. ,We need to move on the first resolution but can take mote time to study the second resolution. Alderman Young said there don't consider or answer. other places and there is don't have authority over are questions_ being raised.. that we These questions have been raised in no purpose to raise them here when we it. - Alderman Parker stated his reasons for requesting the second resolution. He asked if the Council feels the potential problem this could create on theBeaverLake water reservoir, which,we depend on, constitutes enough of a threat that we want to send a. message to the DPC&E so that when they consider this stay on Friday they know where we stand. It is a"strong message but gets at the crux of the issues and lends added weight to the request todeny the stay. Alderman Basset stated that -he other on the second resolution experts. He feels unqualified resolution at this time. would not vote one way or the until he heard from citizens and to make a judgement on. the second Alderman Parker suggested that rather than vote on the second. resolution,he would give a short statement at the. appropriate time as to why he brought it up and then that resolution could -be considered -at a later date at a regular meeting. .• Alderman Williams called for the discussion to return to first resolution at this time. the Alderman Schaper asked. to. hear from the Four-County•SoLid,Waste.• District: • A woman in the audience was from the Four -County Solid Waste District but was not prepared tospeak for them. She stated several times that Drew Holt was the one .who could comment: Mayor Hanna stated -that the Four -County: Solid Waste -District took the position that they did not want to change the two-mile limit that was set up by the Quorum Court to restrict landfills to within two miles of the White River. As,far as he could -recall at this time, there was no official position. Jan Judy, White River EPA, commented that Sunray is now in court suing the Four -County Solid Waste District to allow them to have a single liner versus a -double liner. 527 November 28, 1995 Alderman Williams stated that the resolution regarding the stay is appropriate and moved that the resolution be adopted by the City Council. Alderman Parker seconded. Alderman Schaper pointed out that according to the language in Sunray's request to modify the stay, they want to do drainage improvements, clearing and grubbing, road construction, preliminary site earthwork, etc., and did not seek permission to begin landfill construction or waste disposal. They are requesting to do a very substantial amount of the work that needs to be done on that site. He agreed there is no rush and supported letting the process work and people be heard. Mayor Hanna said this resolution is straightforward without the implications the second one has. Alderman Bassett stated that one of the concerns he had about all of this is making sure we don't get in an area where we don't belong and that we don't do something to get crossways with the other governments who are part of this regional effort. He has no problem with the first resolution though he wished he had more time to think about it, having read the resolution just before the meeting. However, he would vote for it as it will do no real harm to anyone. Alderman Williams noticed that the attorney from Sunray was concerned about the Council considering a resolution opposing the Durham landfill application, which this first resolution does not. He did agree that the second resolution called for a much weightier decision and should be made in conjunction with our neighbors. Alderman Parker said that the automatic stay that goes into effect when an appeal like this is taken is a good protective device. To go around that, to seek to give Sunray an unusual privilege not normally allowed, is a bad idea. He will vote for this. Alderman Young stated that he had a big problem with the process, a meeting called at the last moment. This is what we were trying to get away from when we changed the form of government. The Council had spoken of letting the people speak and letting the process work, but the City of Fayetteville is circumventing the process. Alderman Parker said the reason for the short notice was because the hearing is scheduled for Friday. Alderman Schaper said this clearly is an emergency. If they can lift this stay on Friday, it does not leave us a regular council meeting in which to act. 528 November 28, 1995 Jan Judy, from the audience, stated that notification was received last Tuesday. Alderman Parker stated he did tot know about it until Saturday. He stated this Council does not abuse the act of calling special.. meetings. Alderman Bassett stated the bottom line is that the decision Friday will be made by the DPC&E This is only an expression of intent on our part. Mayor Hanna called for a vote. Upon roll call, the resolution passed on a vote of 6 to 0. - RESOLUTION 144-95 AS RECORDED IN THE CITY CLERK'S OFFICE, Mayor Hanna asked for Alderman Parker's comments on the second resolution. Alderman Parker stated that if you are talking about somewhere like Tucson or Phoenix it is easy to see that the need for water controls the artificial island of humanity in an area that is arid. In talking about Fayetteville and Northwest Arkansas, you have many of the same considerations. Though because of the water available from Beaver Lake, we canignore the fact that we are in an area that does not receive enough annual rainfall to support the level of population we have. We rely solely on Beaver Lake for our water, we need to go the extra two miles to ensure that we protect that from possible compromise by the leakage of waste from a facility on Hobbs Mountain. The ' - - potential for that should be evaluated by us. If we were to compromise the integrity of drawing water off of Beaver Lake, we would be in pitiful condition because the alternative sources of water that we once used are no longer available. He asked that the 4 -County Solid Waste and other municipalities consider this issue with Fayetteville to see if we want to put our weight on the side of protecting the water supply of all of Northwest Arkansas. Mayor Hanna stated the Beaver Lake Water District has been opposed to this landfill since day one. He feels this second resolution calls for action that should take place in another forum. He expressed appreciation for all the people present today but stated today's meeting is not a public hearing.',.'.` • Jennifer Hanson, from the audience, stated that several mayor things have changed since the permit was approved. One change is that Sunray was purchased by another company in August, prior to the permit issuance. This company was never scrutinized publicly. It is a whole new ball game. There are numerous issues to be educated about regarding the permit issuance. It 529 November 28, 1995 would have been a done deal if they were still dealing with all the original facts and players. It is a brand new company with a new background which is highly suspect. She encouraged the Council to take another look at it as its comments carry great weight. Alderman Williams agreed with the Mayor that the Council's comments should be directed to the Four -County Solid Waste District. Alderman Parker withdrew the second resolution from consideration. Mayor Hanna stated that he would talk to the Four -County Solid Waste District and to their attorney in relation to the lawsuit that's been filed. Alderman Williams was glad to see the Council vote unanimously on resolution one. OTHER BUSINESS Mayor Hanna asked if there was any other business before this special meeting. ALDERMAN PARKER - APOLOGY Alderman Parker stated for the record regarding the lawsuit brought against him by Thad Hanna that he was incorrect in thinking and stating to the Mayor that the land Thad Hanna requested to be vacated was being used as a parking lot. He apologized for this. The special meeting adjourned at 4:15 p.m