HomeMy WebLinkAbout1996-02-06 Minutes39
MINUTES OF A MEETING OF THE CITY COUNCIL
A meeting of the Fayetteville City Council was held on Tuesday,
February 6, 1996, 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,
Jimmy Hill, and Heather Daniel; City Attorney Jerry
Rose; City Clerk/Treasurer Traci Paul; members of
staff, press, and audience.
ABSENT: Alderman Len Schaper
CALL TO ORDER
Mayor Hanna called the meeting to order with seven aldermen
present.
STATE OF THE CITY ADDRESS BY MAYOR FRED HANNA
Mayor Hanna stated that in his 1995 State of the City speech he
said the biggest issue facing Fayetteville was growth and
managing it. Growth is still the City's number one concern, but
indications are the rate of that growth has slowed. Building
permits, for instance, were down 5.5 percent last year. If this
trend continues in 1996, we should be able to catch up even
further on much-needed infrastructure improvements.
Last year, we took an important long-range step toward managing
growth by adopting a comprehensive land use plan, the 2020 Plan.
This plan included a Master Street Plan for major streets, those
with collector status and above. This year, we need to finish the
job by adopting ordinances to put teeth in the plan. Staff is now
well along on drafting a unified development ordinance, which
will do just that.
A second major concern in 1995 was the incinerator lawsuit. We
now have a court -approved settlement in that case. We have
already paid the agreed-upon $2.7 million to the lawyers; we have
mailed out 23,000 refund checks to our solid waste customers; and
we are now accepting claims from customers who have moved.
Mayor Hanna stated he wished he could say the whole thing is
behind us, but the courts still have to figure out who will pay
off the outstanding balance on the bonds issued for the project
and, even then, we're not out of the woods until we get a
decision on other third -party lawsuits connected with the case.
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February 6, 1996
Despite these challenges, the. City remains in sound, even
enviable, financial condition. City Council members got
*preliminary, unaudited financial statements for 1995 last month;-;
and a set is on file for public review in the City Clerk's..
office. An independent auditing firm will begin examining the:
City's financial records next month, and the auditors will make a
formal report to the public at a City Council meeting later in.:
1996.
In 1996, as in every year, we will maintain a balanced budget and
an uncommitted cash reserve of about 10 percent. Our finances
should continue to improve as tax revenues increase. City sales
tax revenues totaled almost $8.5 million last year, up 12 percent
from 1994. The City's share of County's sales tax increased by a
little more than 8 percent; climbing to almost $6.2 million. The
combined total of these.two major revenue sources for the City
was more than $14.6 million, up more than -10 percent from 1994.
Hotel, motel and restaurant taxes, at almost $933,000, were also
up about .8 percent. Use of this tax is limited to purposes
spelled out in State enabling legislation. Its primary purpose is
for advertising and promotion of the City and its attractions. We
are working on preliminary.,plans to use part of the tax to build
a new town center/exhibit hall, just south of the downtown square.
City voters last November approved,an additional penny of HMR tax
to be used exclusively for parks. We began collectingthat tax.
January 1. Our City Parks and3Recreatiori Advisory Board will soon
be coming to us with recommendations on how to use.the money.
Mayor Hanna stated everything the City has been able to dorhas°;.
been because of great teamwork and outstanding community support:`
Though there are sometimes differences of opinion, our City '•
Council and City staff have done their best to work together for
the good of everyone. We are lucky to have informed and involved
citizens, and we appreciate their ideas and suggestions.
Mayor Hanna explained there were some big projects the City,was
able to complete or at least start last year. However? the
programs that the City gets the most compliments on did not cost=
a lot of money, relatively speaking. They were the result of
community cooperation, hard working and committed individuals,
and a clear vision of the direction we all want Fayetteville to
move in.
The City has gotten the most positive feedback, from residents
and visitors alike, on our rejuvenated Square Gardens, -a City
park, by the way. The City took primary responsibility for the
gardens in 1995; and in less than a year, Susan Ferrall and a.
newlyappointed City Square Gardens Committee have made it a
showplace again.
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February 6, 1996
We also get rave reviews on another Square -oriented event, the
annual Lights of the Ozarks festivities, which run from
Thanksgiving to early January. This spectacle is getting better
every year as more and more citizens, businesses, and
organizations participate. Harold Dahlinger, the City's
maintenance superintendent, and his crews put up 270,000 lights
around the Square in 1995.
Mayor Hanna explained he has heard nothing but good things about
the police department's new bicycle patrol since these officers
on wheels hit the streets last September. He stated they have
captured the imagination of our whole community and add to the
City's safety by providing surveillance in the nooks and crannies
and tight places where police cars cannot maneuver.
Mayor Hanna explained that one of the projects he is probably
proudest of is the curbside recycling program which kicked off
last February. He stated almost 70 percent of our households
participate. So far we have recycled almost 4,000 tons of
materials; that's 4,000 tons which didn't go to landfills. There
will be an exciting announcement about expanding this program in
another month or so.
Mayor Hanna listed the following big projects from the past year:
• Stubblefield Road has been widened, with curb, gutter, and
sidewalk from Old Missouri Road to Harold Street, with major
drainage improvements and a new bridge at Old Missouri.
• Major intersection improvements have been completed south and
east of the Northwest Arkansas Mall. Plans are almost complete to
extend Joyce Street west to Gregg, and right-of-way acquisition
has begun. The Mayor stated he is particularly proud of the staff
on this one because they were able to negotiate with developers
to pay 38 percent of the cost of these improvements.
• Intersection improvements are also complete at Joyce and Hwy.
265, with new traffic lights installed there and at Hwy. 265 and
Old Wire Road farther south.
• Township Road has been extended east from Hwy. 265 to the entry
at Vandergriff Elementary School.
• The Highway Department in 1995 finished widening 6th St. from
the bypass to South School Ave., and City crews overlaid the
street from South School east to Wood Avenue. We have plans this
year to extend 6th Street on over to Huntsville Road, which was
Hwy. 16 East.
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February 6, 1996
• On.RazorbaCk Road, water and sewer relocation work is done and..
the project to widen the street from Cato Springs Road to 15th
St. is underway by the State.
• The State Highway Department is now preparing plans to widen
Wedington Road from the bypass to Garland, and the City will
begin water and sewer line relocation soon.
• The;Highway Department is also drafting plans to widen Hwy. 265
from Hwy. 16 East north to Hwy. 45, and the City will be
responsible for acquiring the right-of-way for the project.
• Our in-house overlay program continued to show good results in
1995. Plans are for City crews to resurface five to seven percent
of our streets each year. Last year, City crews completed almost
10 miles of asphalt overlays on 28 streets, including Shadowridge
Drive, East and West Ridgeway Drive, Mt. Comfort Road, Sycamore,
Walnut, Ash, Rebecca, Cross, Prospect, and 6th Street.
• In 1995, the City all but finished Phase II of a project to
double the City's capacity to supply water for our citizens,
businesses, and industry. This phase, which cost right at $8
million, brings the parallel 42/36 -inch water line, which was
Phase I.and runs from Beaver Lake to Joyce Street, west and south
along the bypass to near Cato Springs Road, where the finishing
touches are being put on two six -million gallon storage tanks.
When it's all done, we'll be able to provide up to 40 million
gallons of water a day to users.
• Work is also continuing on EPA -mandated sewer improvements. We,
have spent almost $13 million on these projects to date; with —
about $4.2 million expended in 1995. This work has significantly
reduced sewer overflows all over town and has cut the volume of
stormwater reaching our wastewater treatment plant dramatically;.
We are currently in fullcompliance with EPA administrative
orders.
• •Because our tax revenues were up last year, we were able to add
three firefighters, three new police officers, two more jailers,
and a dispatcher. Increased revenues also allowed us to order a
new $230,000 fire truck almost a year early. The truck is now -at.
Central Fire Station and should be in service by next week:: '
Mayor Hanna mentioned the following as further accomplishments in
1995:
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• We hired Charles Venable as our assistant public works
director. Charles, former long-time chief engineer,for;.the State
Highway Department, has been invaluable in facilitatingboth in-
house and contract projects. We're lucky to have him.
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February 6, 1996
• Our Community Development Department spent more than $200,000
to rehabilitate 34 owner -occupied homes. The same department has
pledged $350,000 toward a new adult senior center north of Walker
Park, now in the planning stages, and spent an additional $25,000
to pay the architects who are developing those plans. CD has also
pledged up to $250,000 toward new quarters for the Northwest
Arkansas Free Health Clinic.
• We hired a tree and landscape administrator, Beth Sandeen. Beth
has been invaluable in working with staff and the public to
ensure that our tree ordinance is observed.
• We provided $410,000 toward the construction of two
gyms/community centers at our two new elementary schools,
Vandergriff and Holcomb.
• We pinned down more than $200,000 to build a new community
center in Southeast Fayetteville. We broke ground for the Yvonne
Richardson Center late last year and expect to have the
dedication sometime in late spring or early summer.
• We acquired about three acres of land near the University of
Arkansas' Entrepreneurial Campus at Cato Springs off South School
and are working with the University of Arkansas to improve the
entrance to that campus and to the city.
• With the help of the Chamber of Commerce, we got a $610,000
grant through Southwestern Bell Telephone Company to install a
fiber optics hub in our north high-tech park. This makes our park
the first in the State to have such a facility. A committee is
now working to develop plans for this park.
• We have continued to make needed improvements at Drake Field to
serve ever-increasing numbers of passengers. We don't want to
spend unnecessary dollars at Drake, but we do want to do what's
needed. Last year, 238,000 passengers boarded planes at Drake, a
3.2 percent increase over 1994. A microwave landing system was
installed, restaurant and terminal open space was expanded, and
passenger seating capacity was increased to 185.
• The City is now a part of a community internet program called
Aladdin. Further information can be obtained from Scott
Huddleston, head of our data processing division. Many City
records should be available through the program.
• In 1995 Ozark Society volunteers built a primitive hiking trail
at Lake Wilson; Boy Scouts and other groups helped with the
hiking trail at Lake Fayetteville; still other public-spirited
folks helped out at the Square Gardens and other sites around
town. In September Lutheran youth, here for a weekend
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February 6, 1996
conference, spent an afternoon picking up litter along city
streets. Volunteers have also been good to help out at our
Animal Shelter and with our parks and recreation programs. The
Sheriff's clean-up crew has helped us with several projects. We.
appreciate all of you, and invite others to serve.
Mayor Hanna stated he is proud of what the City has been able to
do since he took office in late 1992. The City has accomplished
most of the goals set for each year.
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Mayor Hanna listed the following as proposed accomplishments in
1996:
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• Resolve the incinerator bond issue and move toward resolvingr
the remaining lawsuits.
• Set priorities and approve a budget for HMR -tax -funded parks
projects.
• Complete the waste transfer/materials recovery facility which
will serve the City and Washington County from a site 'near our
City Shop.-
• Complete engineering and design to four -lane Joyce Street east -
from Old Missouri Road to. Hwy. 265. An engineering firm has been
selected to draft plans for this project, which should be bid in
1997.
• Improve 24th Street from South School to Country Club Addition
at the top of the hill.
• Extend 6th Street to Huntsville Road.
• Look-at.ways to improve the 71B intersection. at
Rock/Huntsville/South College
• Improve the intersection at North and Hwy. 45, Mission
Boulevard.
• Extend Salem Road north to Mt. Comfort Road, or establish
alternative routes, or at theleast install a signal at Salem
Road and Hwy. 16.
;.•:Complete the sewer system/wastewater treatment study now
underway so that we can plan to meet expected increases in
' demand. -
• Continue improvements to control odor at our wastewater.
•treatment,.plant.
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February 6, 1996
• Start marketing Drake Field.
• Hire a trails and sidewalks coordinator to ensure compliance
with City ordinances, to provide information on ADA requirements,
and to help plan for trails.
• Begin a program of tree planting and entryway beautification.
• Complete a solid waste rate study.
• Continue to work with the UA and other governmental entities on
projects of mutual benefit.
• Break ground for the new adult senior center north of Walker
Park.
• Address safety concerns by adding police and fire personnel and
equipment as required.
Mayor Hanna stated it has been a privilege to serve as mayor. He
took this opportunity to thank his staff and City employees for
their hard work. He assured the citizens of Fayetteville that
they will continue to try to make Fayetteville an even better
place to live.
NOMINATING COMMITTEE REPORT
Mayor Hanna asked Alderman Daniel for the report from the
Nominating Committee.
Alderman Daniel moved to appoint Paul Wilhelms to the Board of
Adjustment & Sign Appeals and Charles Clinehens to the
Fayetteville Housing Authority Board of Commissioners. Alderman
Hill seconded the motion. Upon roll call, the motion passed on a
vote of 7 to 0.
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.
REZONING RZ95-38: An ordinance rezoning 3.10 acres located
at the southwest corner of Huntsville Road and Happy Hollow
Road from R-1, Low Density Residential, to C-1, Neighborhood
Commercial, as requested by Byron Mhoon on behalf of Mark
Foster.
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February 6, 1996
Mayor Hanna stated this ordinance was left on its first reading
at the January 16 Council meeting. In order for City Attorney
Rose not to have to read the whole ordinance, the Mayor.asked for
a motion to waive the rules and move on to the second reading.
Alderman Bassett moved to suspend the rules and move the
ordinance to its second reading. Alderman Millerseconded this
motion. Upon roll call, the motion passed on a vote of 7 to 0.
City Attorney Rose read the ordinance for the second time.
Mayor Hanna stated there had not been much public comment, if
any, on this and asked for comments from the audience.
Dave Jorgenson stated he was present on behalf of Mark Foster to
answer questions regarding this rezoning. There were none at
this time.
Alderman Williams moved to suspend the rules and go to the third
and final reading. Alderman Miller seconded this motion., .Upon..4
roll call, the motion passed on a vote of'7 to 0.
City Attorney Rose read the ordinance for the third and final,
time:
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Mayor Hanna asked for comments There being none, he called for
the vote.
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Upon roll call, the ordinance passed on a vote of 7 to 0.
ORDINANCE.3945 APPEARS ON PAGE OF ORDINANCE BOOK
E. HOMEBUILDER'S REGISTRATION: An ordinance requiring a
Certificate of Registration under Act 859 of Acts of.
Arkansas of 1987 for the issuance of a building permit fot
certain residential dwellings in the City, of Fayetteville,
Arkansas, and for other purposes.
Mayor Hanna stated this was left on its first reading at the
January 16 Council meeting.
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Alderman Young moved to suspend the rules and go to the second
reading. Alderman Williams seconded. Upon roll call, the motion
passed on a vote of 7 to 0.
City Attorney Rose read the ordinance for the second time.
Mayor Hanna stated he has not received any negative comments
about this ordinance and asked for comments from the Council.
There being none, he then asked for comments from the public.
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February 6, 1996
There being none, he returned the discussion to the Council.
Alderman Williams stated he did not see any reason to postpone
voting as it seemed like a very good ordinance presented by the
Chamber of Commerce after much study by them.
Alderman Parker stated he has heard two comments on this and both
were favorable.
Alderman Williams moved to suspend the rules and go to the third
and final reading. Alderman Bassett seconded. Upon roll call,
the motion passed on a vote of 7 to 0.
City Attorney Rose read the ordinance for the third and final
time.
Mayor Hanna asked for further comments. There being none, he
called for the vote.
Upon roll call, the ordinance passed on a vote of 7 to 0.
ORDINANCE 3946 APPEARS ON PAGE OF ORDINANCE BOOK
RAZING AND REMOVAL OF STRUCTURES: An ordinance providing
for the razing and removal of buildings or houses that have
become dilapidated, unsafe, unsanitary, or detrimental to
the public welfare; and providing for a lien on the real
property.
Mayor Hanna stated this is another ordinance he has not received
a single comment on. He asked for comments from the public.
There were none.
Alderman Young expressed his concern that if this is made an
ordinance the Council must make sure normal City procedures are
followed before any razing or removal is done. Also, he was
concerned with making sure that if a piece of property was
condemned, it would be by an action of the City. He mentioned
that at the Agenda Session he had passed out to the Council
changes he would like to make.
Alderman Young moved to make the following two additions:
Section 2A: "a. The rules of procedures of the
Inspection Department for clean up, raze and removal of
property shall be followed. If the results of such
efforts are unsatisfactory, Inspection superintendent
may forward the matter to the City Council for
consideration as follows:"
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February 6, 1996
and
Section 2,, El: "Any enforcement action requiring sale
of the subject property shall be with the express
approval of the City Council."
Alderman Williams seconded this motion..
Alderman Hill agreed with Alderman Young's intentions regarding
this amendment. Regarding where it says, ". . . superintendent
may forward this matter. . .", Hill. asked. City Attorney Rose if
that gives the superintendent discretion as to whether or not to
bring this to the Council.
City Attorney Rose answered that it does.
Alderman Daniel wondered how much time would be allowed for
notifying the owner in writing of the time, date, and place the
Council would consider razing and removal of a structure.
Alderman Williams stated there was no need to set a specific
time. If something has gone that far, gone through the
inspection division with unsatisfactory results and the
superintendent has determined he must propose a resolution, it'
would be heard. at a Council meeting and there would be plenty of
notice for a landowner. :The resolution provides for what kind of
,notice they must receive and the owner's rights are well
`protected. -.
Alderman Daniel recalled dealing with a situation like this on
Rollston which pended for years. If anything, the City was too
patient with that situation.
Mayor Hanna asked. for further comments. There being none, he
called for the vote on Alderman Young's amendment.
Upon roll call, the motion passed on a vote of 7 to 0.
Mayor Hanna stated this ordinance is on its second reading.
Because of the proposed changes, he suggested having the City
Attorney make the changes and bring the updated ordinance to the'
next meeting.
This ordinance was left on its second reading.
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February 6, 1996
CONSENT AGENDA
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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 January 9 special City Council meeting and
the January 16 regular City Council meeting;
B A resolution approving payment of $32,059 to Clary
Development Corporation as the City's share of the
construction of Joyce Boulevard from Mall Lane Avenue to the
west property line of the Spring Park Subdivision;
RESOLUTION 8-96 AS RECORDED IN THE CITY CLERK'S OFFICE
C. A resolution approving Amendment 1 in the amount of
$14,235.95 to the Engineering Contract with McGoodwin,
Williams and Yates, Inc., for the 24" Water Line Replacement
Project and approving a budget adjustment;
RESOLUTION 9-96 AS RECORDED IN THE CITY CLERK'S OFFICE
A resolution approving Change Order 2 in the amount of
$54,050.51 to the construction contract with Building &
Utility Contractors, Inc., for the 24" Water Line
Replacement Project, approving a 5% project contingency of
$21,000, and approving a budget adjustment;
RESOLUTION 10-96 AS RECORDED IN THE CITY CLERK'S OFFICE
E. A resolution awarding Bid 95-82 to the lowest qualified
bidder, Downing Sales and Service, in the amount of $175,338
for the purchase of a horizontal baler and conveying system
for the City's Materials Recovery Facility and approving a
budget adjustment in the amount of $69,338;
RESOLUTION 11-96 AS RECORDED IN THE CITY CLERK'S OFFICE
F. A resolution approving an amendment to an agreement with the
Council on Aging, Inc., to extend the time of performance to
December 31, 1997;
RESOLUTION 12-96 AS RECORDED IN THE CITY CLERK'S OFFICE
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February 6, 1996
G. A resolution approving a budget adjustment which wll;allow3
for the rollforward of all projects or items. in progress4?1
which were appropriated in the 1995 Budget;-
RESOLUTION 13-96 AS RECORDED IN THE CITY CLERKS, OFFICE-;
Alderman Bassett moved to approve the Consent Agenda._
Miller seconded.
Alderman
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Alderman Parker commented that the rollforward figureforitem_G,
is not given. It is quite large and he wanted to assure anyone
who has seen the actual figure that it is for projects that were.
approved last year but are not yet complete. So though it
appears as though the Council.. is putting a vast, sum of,money into
a project on the Consent Agenda, it really is not. These
projects have already been debated and approved.
Upon roll call, the motion passed on. a.vote .of 7.to 0.
CLIFFS BLVD COST SHARING -
A resolution approving payment of $102,327.51 to the Cliffs
Developmentas the City's share of the construction. of•.tiif.fs_,
Boulevard.
Alderman Young stated the company.he works for is involved in
this project so hewould nbt participate..in the.discussion..of
this item and would abstain from voting.
Alderman Williams stated hehad requested this item be removed
from the Consent Agenda to further explain the City's share of
- this_and why it is appropriate.
Kevin'�Crosson, Public Works Director, brieflyexplained that
there has been some confusion regarding the amount the City is
paying for this project. A letter from Mr. Tom Hopper of
'Crafton, Tull & Assoc. indicated that the project cost only
$159,000 with the City paying for well over half of it. The
total Cost..of the construction was $379,000. .The amount': -
identified in the letter from Crafton, Tull was just for the
final pavingand grading portion of,the project: City -Engineer
Don Bunn has provided the Council with a letter explaining. the
full cost of the project. The City is paying less thanone-third
the total cost of the project.
Crosson went on to state another question has been raised
concerning the City's policy regardingcontributionsto projects.
developers are involved in. Cliffs` -Blvd. has. been identified on
the Master Street Plan as a collector and our interpretation has
been based on the principle of rational nexus, that the developer
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February 6, 1996
should only be responsible for half of the standard city street
since by definition the street is classified as a collector and
serves a much wider population than just that of the development.
Alderman Williams appreciated the explanation as he certainly did
not want to pay more than the City's fair share. It now looks
like we are getting a good deal.
Alderman Hill stated he is uncomfortable with paying any more
than $100,000, which is what the invoice is for.
Alderman Parker expressed his concern over a point he has raised
before in connection with other projects. He wondered about the
wisdom of requiring a 31 -foot wide street when the volume of
traffic that is going to come out of the Cliffs would probably
require a street greater than 31 feet because of the volume just
that project will generate. The Developer should be required to
pay the difference between a boulevard and a 36 -foot street,
which is the minimum size for a collector. They should be paying
the difference between a collector and the boulevard. The Cliffs
is not just a small project with limited traffic impact.
Kevin Crosson stated he did not have the actual traffic counts
done to determine our decision to charge for a standard street;
but when the evaluation was done, the City made the determination
that the traffic generated by that development would require a
standard 31 -foot street.
Mayor Hanna stated that this is a point that should be raised
when a similar situation comes up in the future. This has
already been voted on and we cannot go back and redo it. He
stated Alderman Hill had a good point regarding the $100,000. He
suggested passing the resolution as the street has been completed
for quite awhile. However, the resolution should state that the
$2,327.51 not be paid until we get a letter from Mr. Stanley that
that is what we owe.
Alderman Williams stated he would like to amend this resolution
to pay $100,000 and let them come back for the other amount.
Alderman Williams moved to amend this resolution to approve the
payment as requested of $100,000. Alderman Miller seconded it.
Upon roll call, a resolution approving the payment of $100,000
passed by a vote of 6-0-1, with Young abstaining.
City Attorney Rose confirmed that since there was never a motion
or second for the original resolution, the Council had simply
passed a resolution approving $100,000.
RESOLUTION 14-96 AS RECORDED IN THE CITY CLERK'S OFFICE
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February 6, 1996
ITEM 5 REMOVAL
Mayor Hanna stated item five had been removed from the agenda and
Alderman Parker wanted to explain why.
Alderman Parker stated item five was a resolution to limit roads.
over Mt. Sequoyah. At the Agenda Session, it was decided to
postpone consideration of this measure until the Old Business
section of the next meeting of the Council, Feb. 20. A.
neighborhood meeting is scheduled and this will give more -time
for public comment.
OMI CONTRACT
A resolution approving an amendment to the contract with -
Operations.Management International and approving a budget
adjustment in the amount of $195,000. - -
Alderman Miller stated he has ties with OMI and will not
participate in the discussion and will abstain from voting.
Kevin Crosson stated that Mr. Gene Christiansen, the project
manager with OMI, is in the audience to answer any specific
questions. Crosson mentioned that the Water & Sewer Committee
had voted in favor of this contract. The vast majority of the
cost increase is related to our scaled -up version of odor
control.
Alderman Hill noted that the Water & Sewer Committee unanimously
voted for approval of this contract, with Alderman Miller
abstaining. Hill took this opportunity to remind OMI to do
something about the odor. ,
Mayor Hanna asked for comments from the audience. There were
none. He then asked for a motion.
Alderman Williams moved to
seconded the motion. Upon
vote of 6-0-1, with:Miller
approve this. Alderman Parker
roll call, the resolution passed. on a
abstaining.
RESOLUTION 15-96 AS RECORDED IN THE CITY CLERK'S OFFICE.
WHITE RIVER RURAL WATER SYSTEMJOINTACQUISITION
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A resolution approving a territorial agreement between
Fayetteville and Springdale, a master.purchase agreement; ands
authorizing -the Mayor and the City Attorney to'represent.the '..Ci
in the purchase negotiation.
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February 6, 1996
Kevin Crosson stated that City staff has been working with the
Springdale staff for the last year to evaluate the feasibility of
this acquisition. The Water & Sewer Committee recently voted to
recommend approval of this. There are a number of documents that
must be approved. The primary agreement to be adopted by
resolution is the territorial agreement between Fayetteville and
Springdale. This agreement allows the two cities to jointly
approach the White River Rural Water Authority to sell its
facilities. It also recognizes an agreed upon division of assets
based on customer base in each area and the customers and
facilities once this acquisition is completed. It recognizes an
adjustment of the original water territory boundaries created by
the memorandum of understanding with Beaver Water Ditricts and
the member cities. The teeritorial agreemetn has two primary
exhibits - the master purchase agreement and a map depicting the
adjusted service territories of Fayetteville and Springdale. The
master purchase agreement is basically the instrument to
consummate the purchase with WRRWA and the respective cities.
Staff recommends approval of the resolution and recommends the
Mayor and the City Attorney represent the City in negotiations
with Springdale with the Authority.
Alderman Miller added that the Water & Sewer Committee did vote
to have discussion of this. Fayetteville's share of this is a.
little less than one quarter. It is on the east side of
Fayetteville, one of our biggest growth areas. This does not
automatically mean we will take this over. The shareholders and
Board of Directors of the White River Water Authority would have
the final say.
Mayor Hanna pointed out that when Beaver Lake Water Authority was
formed, each of the four cities participating were given
territories. These residents live within the territory given to
Fayetteville. The reasoning behind our participating in the
purchase with Springdale is that if we don't and Springdale asks
to buy the whole thing, they would be buying the customers in our
growth area. What we are doing is protecting our growth area.
Alderman Williams stated he thinks the users of this system will
want to have Fayetteville water, which tastes better than what
they are getting now, with minimal cost increase, if any. This
will encourage growth in that area. The City should seriously
look at annexing this growth area on the east side of town. If
we don't, it is possible other towns such as Goshen will attempt
to move into this area with development we would not like to see
in Fayetteville. People get very emotional about annexation, but
we should look seriously at calling an election this year on this
annexation issue so that citizens of Fayetteville and involved
areas could decide if they want to be in Fayetteville rather than
some other community.
15
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di.
54
February 6, 1996.
Mayor Hanna stated there has been a lot of comment about,this..
over a period of time. With the growth we've had over the last
four years, it has been on the back burner. The drawbacks from..
the City's view would be that we would have to extend fire and
police protection as well as water, roads, and sewer and the
expense this involves. Even so, it is worth looking into.
Alderman Williams noted that some communities do not offer much
and still annex. Our fire department already has contracts with
homeowners outside the city limits, and that would have to end as
we cannot extend too far. We do need to look at this for the
long-term growth and well being of Fayetteville.
Mayor Hanna agreed and stated he would form a committee of
aldermen to look into this possibility and make. recommendations
to the full Council. He added that the City staff would help in
drawing up boundaries. He will have this by the next agenda
session.
Alderman Parker noted that the City has two elections coming up,
;one in November and one possibly sooner regarding the on -premise
consumption referendum.
Alderman Parker also noted, with regard to the White River Water -
Authority, one of the advantages is that while all that water
piping is ..newer than what we have in Fayetteville, a lot of it is
not marked with tracer wiresas the Fayetteville system is. If
'we eventually take over this area, it would be better to be _
involved in it at the front end so we know where those lines are
running so we can get an idea of where the system lays. If we
wait several years before we acquire this, we might have trouble
locating some of these lines because of the way they are
installed. Now we would get some of the employees who would be
able to.locate the lines.and incorporate them into oursystem in
a way that would make sense.
Alderman Bassett moved to pass the resolution. Alderman Hill
seconded. Upon roll call, the resolution passed on a vote of 7
to O.
RESOLUTION 16-96 AS RECORDED IN THE CITY CLERK'S OFFICE
LARGE SCALE DEVELOPMENT APPEAL
•
An appeal of the Planning Commission's decision to modify a Large
Scale Development Plan for Car Mart at their January 8 meeting as
requested by Todd Fleeman.
Mayor Hanna asked the petitioner to come forward. There was no
one present in the audience to address this.
16
55
February 6, 1996
Mayor Hanna explained that the Planning Commission had asked Car
Mart to limit their driveways to one 25' entrance and one 12'
exit.
Charles Venable of the City explained that Car Mart had contacted
the Highway Department and asked them what they could do since it
is a State Highway there. A letter from the Highway Department
to Mr. Venable stated they could have two 25' driveways.
Venable stated 12' is too narrow but 15' , which the Highway
Department does allow for one-way movement, would be all right.
In answer to a question from Alderman Young, Venable stated the
Highway Department does have a minimum width for one way which is
15'. He understood that Car Mart is asking for two-way traffic
out of each driveway.
Alderman Hill noted that the 25' driveway was for an entrance and
exit and the 12' one was only an exit. He did not see any reason
to change the Planning Commission's decision.
Venable suggested making the one-way drive 15', which could be
done without too much trouble and still meet the criteria.
Alderman Parker suggested postponing action as the petitioners
were not present.
Mayor Hanna noted that the Highway Department recommended two 25'
drives.
Alderman Williams noted the 12' drive was not for two-way access
but rather a single exit. He was not willing to approve action
without the petitioner being present.
Alderman Hill questioned whether or not all other criteria had
been met.
Alderman Young stated that originally the Planning Commission
wanted to limit it to one drive as they did not want to repeat
the College Avenue problem of many curb cuts. The petitioner
pointed out there would be big trucks coming in so the Commission
allowed the addition of one narrower exit to make sure it would
not be a two-way entrance/exit.
Mayor Hanna called for a motion to either deny or table this
appeal.
Alderman Daniel moved to table this appeal.
17
56
February 6, 1996
Danielcommentedthat it was herunderstanding that the proposed.
building is so far back on the lot that the trucks cannot go
around it. The drawing provided was not adequate and she stated-.
they had asked for additional drawings.
Alderman Bassett seconded the motion. Upon roll call, the motion
passed on a vote of 7 to 0.
VACATION VA96-2
An ordinance vacating
south of Helen Street
Happy Hollow Road, as
the portion of Jerry Avenue which lies
located south of Huntsville Road, east of
requested by Jerry and Elizabeth. Watson.
City Attorney Rose stated this was pulled from the agenda because
of difficulties with the legal description and retention of
utility use. It will be on the next agenda.
REZONING RZ96-1
An ordinance rezoning 3 acres located on Moore Lane from R-2
Medium Density Residential, to C-2, Thoroughfare Commercial;
requested by Gary Stearman. t
City Attorney Rose read the ordinance for the first time.
Mayor Hanna asked if thepetitioner was present torepresent his.
request for this rezoning.
Chuck Tranthum stated he was present on behalf of Mr. Stearman to
answer any questions. -
In answer to a question from Alderman Williams, Mr. Tranthum
stated this property does not backup to Williams Ford'. However;
the owner of Williams Ford Tractor owns the property between. He
believes the property between Williams Ford and the requested
rezoning is zoned agriculture. It is a pasture.
Alderman Parker stated the Planning Commission recommendeddenial
of the initial request for industrial and recommended C-2
instead".
In answerto a question from Alderman Young, Mr. Tranthum.stated.
that part of this is in the overlay district and Mr. Stearman is
aware of it. It has been discussed and he is aware of what it
entails.' All parties also understand a -conditional use permit
would have to be acquired.
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February 6, 1996
In answer to a question from Alderman Miller, Mr. Tranthum stated
this was for Franklin Roofing but it has not been decided whether
or not the entire business would be moved.
Alderman Young stated he had looked at the land use plan and the
property does lie in an area that is regional commercial and
further west is mixed use and then residential. This would be a
test for the overlay district. He has agonized over this and
wished the business moving there had not been mentioned. The
density and other aspects concern him; however, when you add in
an overlay district with conditional use, a different light is
shed on it.
Alderman Parker thought it was appropriate for them to mention
what may be done with the property, although all possible uses
are to be considered. Now the Council has an idea of what is
likely to go in there.
Alderman Daniel asked for clarification as to whether or not only
the part in the overlay district would be subject to those
restrictions.
Alderman Young stated the conditional use covers the entire
property.
Alderman Williams moved to suspend the rules and go to the second
reading. Alderman Bassett seconded. Upon roll call, the motion
passed on a vote of 7 to 0.
City Attorney Rose read the ordinance for the second time.
Alderman Young pointed out that part of the consideration for
conditional use is the compatibility with adjoining neighbors.
The adjoining neighbor to the north is a research industrial
park.
Alderman Daniel suggested leaving it on the second reading.
Alderman Parker agreed as this would not cause undo hardship to
the development.
Alderman Williams agreed this is appropriate as this is Alderman
Daniel's ward and Alderman Schaper, also from this ward, is not
present.
Mayor Hanna stated this rezoning will be on its third reading at
the next meeting.
19
February 6, 1996
4
REZONING. RZ96-2 & REZONING RZ96-3
RZ9,6z2: An ordinance rezoning .315 acres located at 2472 N
Shiley Drive from R-1, Low Density Residential, to C-2,
Thoroughfare Commercial, as requested by Jerry Sweetser.
RZ96-3:• An ordinance rezoning .34 acres Iodated at 2472 N
Shiley Drive from R-3, High Density Residential, to C-2,
Thoroughfare Commercial, as requested by Jerry" Sweetser.
Mayor Hanna stated that these items are basically the same
property, but as there are two separate requests there are two
ordinances. Since they are the same property, inside the same
fence, they could be discussed at the: same time. He asked the
City Attorney to read them both.
City Attorney Rose read RZ96-2 for the first time.
City Attorney Rose read RZ96-3 for the first time.
Mayor Hanna asked if anyone in the audience had comments to make -
on .these .rezoning requests. He noted the Council had taken a
tour of this area and this request is made so the owner can!put
additional storage units here•for antique cars.
Alderman Daniel stated this is very appropriate for this area.
She had not -been aware of the storage units already there as they
are well hidden.
Alderman Parker asked staff if the owner
structure he wants under conditional use even if a
not granted.
could build the.:
rezoning were
1-4
Associate Planner Tim Conklin stated .the owner;..needs
in order to apply for a conditional use under C2 for
is not allowed under R-1.
.«a,t
the rezoning
storage,. -It
.s
Alderman. Millerasked if the.owner stopped using it,.-would.it.
revert from C-2 to something else.
Alderman Hill said he had asked that question. That was offered
to:the Planning Commission -and he had -asked Arett Little,.:
Planning Director; if that was.part of their approval. She was
going to check into that.
Tim Conklin was not aware, of thisandasked City Attorney Rose if
he knewof a bill of assurance to this effect:. Rose replied he:
did not.
20
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59
February 6, 1996 -
Conklin stated they are asking for C-2 zoning so they can apply
for the conditional use.
Alderman Parker stated that if Mr. Sweetser is offering a
reversionary clause if it is not used for the particular storage
of antique vehicles, that may stray into the realm of contract
zoning.
City Attorney Rose stated reversionary zoning is very complicated
and hard to keep up with. It is rarely satisfactory. He could
not state for sure that it is illegal, but he would discourage
it. However, he saw nothing wrong with a bill of assurance, as
there is a distinction.
Alderman Young asked if a building were built there and the
zoning reverted would the City require that the building be torn
down.
Alderman Parker completed his thought from above. He stated he
had no problem with the owner expanding his ability to store
antique cars, but when the City rezones to C-2, it is rezoning
for any number of potential uses in the future. A section of
Township backs up there and if that particular use were
discontinued five or ten years down the road, there might be a
commercial establishment put in the middle of that neighborhood.
It could be appropriate for the zoning but not what we really
want. He wondered if we could explore the idea of a bill of
assurance.
Tim Conklin reiterated that he is not aware of a bill of
assurance being offered.
Alderman Hill stated the Planning Commission minutes read that
the owner would offer assurances that no commercial use of the
structure will be made without prior approval of the Planning
Commission. No mention was made of the rezoning reverting back.
Mayor Hanna stated this is a one -acre tract that has three
different zonings, C-2, R-3, and R-1.
Tim Conklin agreed and stated this property is located between
R-3 to the east and C-2 property to the west. It is at the very
bottom of the hill directly behind the Days Inn Hotel. There are
already several buildings here but no frontage on Township.
Without frontage, it is unclear how this area will develop.
Alderman Parker asked for clarification of the applicant's offer
of assurances to the Planning Commission that no commercial use
of the structure will be made without their approval. That does
not seem to be incorporated in what was passed up to the Council.
21
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February 6, 1996
-He asked if the Council would have this assurance if theyC.
approved the rezonings. + •'
City Attorney replied not unless it is stated somewhere he is note
aware of.
Tim Conklin stated again that he is not aware of any,su
assurances.
Alderman Williams stated that when the Council took the tour they
saw an isolated area with a lack of access. The homes nearby are
over a ridge and isolated from this property. It has a chainlink
fence around it and a Warehouse, not attractive but isolated and
protected from the' adjoining properties because of the natural
terrain. He does not feel this will ever be a,hot piece of
commercial property because people cannot find it.• He'd. never
seen it before and may never again. He urged the Council to pass
this zoning.
Alderman Miller added that the Council almost always keeps
rezonings around for two meetings to give people a.chance to talk
about it. For this reason he favored leaving it on its first or
second reading.
Alderman Hill moved tosuspend the rules and move these rezonings
on to their second reading. Alderman Daniel. seconded. Upon roll
call,>the•motion-passed by a vote of 7 to 1.
City Attorney Rose read RZ96-2 for the second time.
City Attorney Rose read RZ96-3 for the second time.
Alderman Williams agreed with Alderman Miller's suggestion to
leave these onthe second reading. ,
Alderman Parker said he had a little concern about potential
traffic generated but the way the owner is asking for it now it
has'the lowest possible traffic impact.
Mayor Hanna stated the property has an easement through the
parking4lot at that motel. -
STREET CLEAN-UP FOR DEVELOPMENT SITES
An ordinance amending the Code of Ordinances at Section 161.04:,
(f) settingforth standards for clean-up of -debris, soil, or mud.
from development sites transported onto public streets.
City Attorney Rose read the ordinance for thefirst time.'
22
61
February 6, 1996
In answer to a question from Alderman Miller, City Attorney Rose
said the term debris would cover such things as shingle wrappers
blown into the street.
Alderman Miller suggested using gender inclusive terms when
referring to the Mayor's designated representatives. City
Attorney Rose made note of this.
Alderman Daniel stated this ordinance is in response to
complaints by citizens. She, too, has seen pretty big messes
around and hopes this ordinance will take care of the situation.
Randy Allen, City Street Superintendent, stated the debris on the
roadways is something he has been dealing with over the past five
years when construction takes place during nasty weather. The
developer has the right to work in his site. The problem occurs
when the equipment leaves the site and deposits mud and rocks
from the tires onto the streets. The intent of this ordinance is
to remove this mud and debris before it gets to the public
streets and is washed into the storm sewers. Several options
have been discussed as to how developers may accomplish this.
Alderman Young asked if Allen would be enforcing this ordinance
or would another department, such as the Inspection Department.
Allen said that at this time he typically goes out to the site
and speaks to the superintendent about any problems. He has had
good success in getting them to clean up a lot of the debris.
However, some of the situations have become messy and stayed
messy for long periods of time on larger projects which is where
this ordinance will help.
Alderman Miller added that he had participated in a clean-up
project of Fox Hunter Road one day and one of the major pickups
was shingle wrappers. He hoped this ordinance would cover that
Allen confirmed that it should cover all debris from construction
and development of a property.
Alderman Parker recalled a question that had been discussed at
the agenda session. A line has been stricken regarding a minimum
charge for this activity. Parker understands that if the
developer is asked to clean up and does not and the City issues a
stop -work order and goes out to do the clean up, as sometimes has
happened, this is not going to be something the developer does
not have notice of. If we charge them what it costs us to do the
clean up, or fine them, we would get paid for our time and it
would serve as incentive for them to listen to us. He asked if a
fine should be included in this ordinance.
23
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February 6, 1996
Alderman Miller agreed with this and proposed to the City --
Attorney that in such.a case the developer be fined under the
City's littering law, a $500 fine.
City Attorney Rose said the City always has the $500 fine because
that is a general recovery under Fayetteville ordinances. If
there is a violation, the City can seek a $500 fine and $250 for
each day thereafter that the problem continues.
Rose went on'to say that the ordinance as agreed to now states
that the labor, equipment, and materials shall be'billed.to the
property owner. There was some concern at the agenda meeting
that we were not billing enough. Since then Rose has mettwith
Don Bunn, City Engineer, who has provided a list of the actual'
costs to the City for clean up, including items we have' not
charged for in the past. Though considerable, these charges will,
be actual costs and not penalties. Even so, because the charges
will be substantial, it will keep developer's from using this as
a cheap way to get rid of their debris. r
Alderman Young stated that when the Planning Commission discussed.
this, they wondered about the word "immediate." He wondered if
this was problem or if a word such as "promptly" should be
used. p -
Attorney Rose stated it is not illegal to use the word
"immediately." He thought staff could be relied on to read the
word "reasonably" in there as well.
Mayor Hanna asked for comments from the audience. There were
none.
Alderman Daniel moved to suspend the rules and go to the second
reading. Alderman Miller seconded. Upon roll call, the motion
passed on a vote of 7 to 0.
City Attorney Rose read the ordinance for the second time.
Alderman Bassett moved to suspend the rules and go to the third
and final' reading.. Alderman Hill seconded. Upon roll call, the
motion passed on a vote of 7 to 0. - -
City Attorney Rose read the ordinance forthethird and final
,time ..
Upon roll call, the ordinance passed on a vote'of 7 to 0.
ORDINANCE 3947 APPEARS ON PAGE OF ORDINANCE BOOR
•
24
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February 6, 1996
In response to a question from Alderman Hill, City Attorney Rose
stated there was no need for an emergency clause, unless the
Council perceived there would be an emergency within the next 30
days that would endanger public welfare.
HIGHWAY 265 WIDENING
A resolution encouraging the Arkansas Highway Commission to
include a boulevard/landscaped median in the widening of Highway
265 if it will not significantly delay or threaten that project
and pledging the City's support of the Arkansas Highway
Commission's efforts to widen Highway 265.
Mayor Hannna stated this resolution was drawn up at the request
of the Council. If passed, Charles Venable will take it to the
Highway Commission.
Alderman Williams stated he thinks it is certainly something the
Council should do. We need to work together with the Highway
Department, and yet show them this is what we would like done.
Alderman Bassett agreed and stated this resolution accurately
represents what was discussed last week. It is imperative that
this project not be delayed. At the same time, there is a desire
to do what we can to make the town prettier. In the future, we
may have to find ways that are feasible and affordable to do on
our own. We need to encourage the Highway Department to work
with us, as this resolution does. This resolution states our
position well and does not threaten the project.
Alderman Miller moved to pass the resolution. Alderman Young
seconded.
Alderman Parker commented that this may not be something the
Council wants to do. If a boulevard is wanted, perhaps we should
not ask for half that. After we've asked for this, we may want
to include something that says, "In the alternative, if a
boulevard/landscape median design cannot be incorporated, the
City of Fayetteville expresses its desire that the Highway 265
widening project incorporate widening to four lanes without a
center lane for left turning traffic, so long as that decision
does not significantly delay or threaten the project." Parker
questioned if the Council wants to ask for the middle ground or
the boulevard.
Alderman Williams stated he would rather ask for the boulevard.
In other places where the boulevard is totally out of our reach,
a four lane might be more acceptable than a five lane. In our
resolution, let's ask for the moon and get that boulevard.
25
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February•6,. 1996
•
Mayor Hanna said this request can be carried forward to Bobby
Hopper. We would-be satisfied with a four lane in certain areas
if they couldn't give us a boulevard/median and under the same
terms, which are that we .don't want to delay the project.
Mayor Hanna called for the vote.
Upon roll call, the resolution passed on a vote. of 7 to 0.
RESOLUTION 17-96 AS RECORDED IN THE CITY CLERK'S OFFICE
REFERENDUM ELECTION
ri
(A resolution calling for a referendum eledtion on the issue of
the sale of alcoholic beverages for on -premises consumption in
--.Fayetteville, Arkansas.
Mayor Hanna stated this is basically a request to put a A
referendum before:the;public.to:vote on as to whether_or not to_
allow liquor by the drink in certain size restaurants in
Fayetteville without them having a private club on premises. He
asked for comments from the audience.
•
•
Bill Ackerman came forward as a- citizen of the community with
concerns: regarding the antiquated laws we've operated under • for
many years. Fayetteville is a.friendly city, a desirable place
to come to. The HMR tax is impactedby tourism, conventions,
etc. .As a member of the Parks-& Recreation Board, he sees a
direct impact on its budget. There is•a shortfall of funds
available. It is important that this question be taken to the
public, the -community who voted in the HMR tax. He sees only
positive results coming from this. It will make Fayetteville
even friendlier to live in and visit and will assist in raising
additional revenues to support our needs.
Alex Jerde, General Manager of the Hilton, voiced his
observations. --Visitors have commented'that they have never heard
of such a thing and it seems strange to them. .Many question what
the membership is for and don't understand the reasons for it.
He has also thought about the images left with visitors when they
leave the city. They may°feel we are inhospitable, money hungry;
and snobbish.
Jerde also addressed future competitiveness with other cities.
Many other cities are getting our share of the convention.
business.- Little Rock, Pine. Bluff, and Hot Springs have adopted.,
liquor by the drink. They felt the need early on to let these
people come in and. not have the hassle. Visitors do not ''
understand our system and do not want to_understand it. .They
want to come in, go about their business, and leave. It gets.
26
IL
•
February 6, 1996
expensive and people who visit on an annual basis have to go
through the process each time they come here. Many people pay
for a membership they will only use once. In an effort to cater
to our vital visitor business, we need to make Fayetteville an
inviting place to come to.
Marilyn Johnson, Chamber of Commerce, noted that
HMR tax brought in $937,916. Since the original
has been in existence, it has brought in over $8
65
last year the
one cent HMR tax
million.
Johnson stated that one reason State law allows us to go to a
ballot is to promote tourism. Requiring membership is not a very
hospitable atmosphere. Visitors often get frustrated with this
and it is a cumbersome way of doing business for the hotels,
motels, and restaurants.
Johnson noted that over 3,000 signatures were collected for this.
Our citizens have said they want an election. The hotels,
motels, and restaurants have indicated they want an election to
remove this obstacle to business and the enjoyment of a simple
evening out. She asked the Council to pass the proposed
resolution so the people can decide.
Alderman Parker questioned whether or not the proponents of this
were still willing to pay for the cost of a special election.
Johnson stated that although this was
presently funds to cover such costs.
in City government beginning in 1982,
ever paid for an election.
discussed, there is not
Since she has been involved
no one but the City has
Alderman Williams agreed it is appropriate for the City to pay
for this.
Alderman Parker noted that since there are 3,000 signatures,
there will be an election. The question is whether or not we pay
City staffers to verify all the signatures. It would take two
employees two 40 -hour weeks to do this.
Alderman Miller at first saw the merits of collecting a kitty for
this but then realized the logistics could make it too messy.
Alderman Young agreed it would be easier to use the one cent
sales tax for this.
Alderman Miller was assured that a business would either have to
be a club or serve liquor by the drink, it could not operate both
ways. It only affects restaurants not open on Sunday or that
don't want to sell liquor on Sundays.
27
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66
February 6, 1996
Alderman Williams stated he believes the right of election is
fundamental to democracy. It is a primary responsibility of the
government.
Mayor Hanna asked if there was anyone in the audience who would
like to speak in opposition to this resolution. There was none.
Alderman Daniel commented thatshe believes the requirements for
membership are antiquated. We have the Walton Arts Center, the
Walton Arena, the Continuing Education Center, and hopefully a
town center soon. We attract many people from outside and it is
time we modernize ourselves.
Alderman Bassett noted that Fayetteville is the entertainment and
dining center of Northwest Arkansas. Tourism and visitors
generate a great deal of revenue which helps us build roads and
do the things we need .to do. He agreed with Alderman Daniel's
comments that the laws applied hereare extremely outdated and
should be eliminated. In the final analysis, the citizens should
decide. His understanding is that an election of this nature
would cost between $5,000 and $6,000, not an exorbitant amount.
Alderman Parker pointed out we would not be increasing the number
of.people drinking. We are just putting to the voters a proposed
change so that someone doesn't have to pay $5 for a card and then
get a $5 rebate to be applied to a meal. This lessens an
administrative burden.
Alderman Basset noted that some people who just want to eat have
to buy a card.
Mayor'Hanna called for a motion.
Alderman Miller moved to pass this resolution. Alderman Daniel
seconded. Upon roll call, the.resolution passed on a vote of 7
to 0.
RESOLUTION 18-96 AS RECORDED IN THE CITY CLERK'S OFFICE -
LARGE SCALE DEVELOPMENT APPEAL --continued
Mayor Hanna stated that the petitioner for this item arrived just
after the Council had tabled it until:the next meeting. It was
decided to leave it tabled until the February 20 meeting.
28
67
February 6, 1996
OTHER BUSINESS
Alderman Williams - Statement Re: Mt. Sequoyah
Mayor Hanna announced that Alderman Williams had a statement to
make.
Alderman Williams thanked the Mayor for this opportunity. He
stated he would like to set the record straight and clear up
misunderstandings concerning his interest in preserving Mt.
Sequoyah. After first noting that he is the only alderman living
on Mt. Sequoyah, he made the following statement:
"I live on the south side of the shoulder of the mountain, at
the end of a dead end private road. For most of their
adult lives, my parents spent the majority of their
earnings, first, to buy the old family home where I
grew up and now live with my family and, later, my
parents purchased the woods area around our home to
protect us from encroaching development. Because of my
parents' sacrifice and foresight, forty acres of woods
surrounds our home and protects us from the noise and
hazard a connecting road over Mt. Sequoyah would bring.
Unfortunately, many of my neighbors and constituents
that live on Mr. Sequoyah do not have a buffer of 40
acres of woods that my family enjoys. If landowners
and developers Mr. and Mrs. Coody are forced by City
staff and the Planning Commission to dedicate a street
connection down the mountain toward Happy Hollow, it
will probably only be a matter of time before the
residents of the Cliffs subdivision will be driving
over the mountain and along Rogers Drive and Fletcher
Street, through the established neighborhoods on Mt.
Sequoyah, for a shortcut to College Avenue. That is
why I oppose pushing streets over Mt. Sequoyah, to
protect my constituents.
I regret that an alderman chose to speculate to a
newspaper reporter about whether I could have a
conflict of interest, alleging a street connection
could be close to my home. If that alderman had asked
me during a City Council meeting, that alderman would
have known that my house is well over a hundred yards
from Rogers Drive. Yet I oppose extending Rogers Drive
over the mountain dust as I oppose extending Manor into
Rockwood over the mountain.
29
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February 6,_1996
I'know`that:we-•aldermen are hamstrung by the Freedom of
Information Act and areprevented from obtaining ' -
information.from one another outside regular meetings.
But before we speculate on each other's integrity to
the press, I.believe we -should get the facts.. The fact
is that there is no chance that a developer could
connect a road near my home. The fact is.that I have
no conflict of interestintrying to -preserve the
integrity of Mt. Sequoyah from through traffic over Mt.
Sequoyah.
Fayetteville has long suffered divisiveness, which was
-reflected and possibly even encouraged by the
disrespect between some previous Board members, until
that government was repudiated by the voters and
replaced by this City Council. We, instead/riow should
be a unifying force for Fayetteville: We should set
the example for fairness, not only to our citizens but
to each other; and we usually do. I hope we remain a
positive., courteous, and fair-minded City Council. I
will do everything I can to bring creditor" this City
Council and to follow the Golden Rule, -which seems too
much ignored in public life today. Thank you for
letting me make this statement."
Alderman Daniel apologized.
Friends for Fayetteville - Support Hwy 265 Widening
Connie Cramer, Friends for Fayetteville, stepped up to say she '
was nominated by this organization to appear before the Council K
to say they are very much in support of the resolutioin,paseed
regarding. Highway 265. They think it is .a step in the right
direction and addresses the issues of both safety and• civic duty
and hope this will be the beginning of public input on this
issue. They appreciate the effort that the Council made in
developing this resolution and moving this project forward.
Mayor Hanna adjourned the meeting at 8:25.
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