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HomeMy WebLinkAbout1996-04-16 MinutesMINUTES OF A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, April 16, 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 Steve Parker, Heather Daniel, Stephen Miller, Kit Williams, Cyrus Young, Woody Bassett, and Jimmy Hill; Assistant City Attorney LaGayle McCarty, 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. 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. OFF-STREET PARKING WAIVERS: An ordinance amending Section 160.117 (H)(1)(b) and giving authority to the Planning Commission to waive off-street parking requirements in C-3 and C-4 zoning districts. Alderman Young, seconded by Miller, moved to suspend the rules and go to the second reading. Upon roll call, the motion passed on a vote of 7 to 0. Assistant City Attorney McCarty read the ordinance for the second time. Alderman Williams reminded the Council that he had proposed amendments to the ordinance at the last meeting. Alderman Williams stated the amendments were not voted on at that time. The City Attorney has revised the proposed amendments and the Council has been given a copy. The first amendment is to not encourage the immediate creation of all the residential properties in that area to be commercial; we would want some mixed use still in that area. The second amendment is that if a building has been removed, the person not be penalized for removing the building but be allowed the same options as if he had remodeled the building. 1 145 146 April 16, 1996 Alderman Williams moved that under Section 160.117(D)(1) under (a) to change the wording;as.it now stands.to .!'In C-3 and.0-4 Zoning Districts parking requirements are waived as follows for.(A) any existing structure upon a change of use except from residentialuse or (B) the square footage footprint of any building which existed and has been removed since October A, 1995, in order to rebuild." .Alderman Daniel seconded the motion. In response to a question from Alderman Hill, Williams replied that the amendments could be considered separately if someone had a. problem with one of them. .Alderman Hill stated that rather than encouraging people to leave ;property residential, it prohibits themfrom changing .it to anything but that. It takes away the right to do what everyone else in that zone can do commercially. Alderman Williams agreed that is the way it is now. There have been residences changed to law offices. This is -.not taking anything away from the situation as it is now. It modifies it to include the change in residential uses. At this point, this is not more restrictive than it was. in the past. - Alderman Hill responded.- that the amendment does not wai•ve-the parking restrictions for residential. In the pastthey could do that. •.The ordinance gives them requirements and then'waives'the parking requirements and the amendment says except for residential. Everything else gets it,waived. Alderman Young wondered why those residents have to go through a different process from the businesses. Alderman Williams stated this would,only be if there was a belief on the Council that we should encourage some residential use to remain in that district. Alderman Young stated his concern was for theothers like himself who are zoned commercial but are living and using the property.as residential. The residents are being taxed in the improvement district to directly benefit those businesses yet would not receive the same benefits of the ordinance. Alderman Hill brought up the noise .ordinance. In another zone, there is recourse against noise in excess of the limits. Alderman Hill questioned if a person would have any recourse if they are in the same zone as the noise. 2 Alderman Williams stated Daniel, he would change separately. Alderman Daniel agreed. April 16, 1996 that with the approval of the second, his motion to handle the two items Williams moved that under Section 160.117(D)(1) under (a) to change the wording as it now stands to "In C-3 and C-4 Zoning Districts parking requirements are waived as follows for any existing structure upon a change of use except from residential use." Alderman Daniel asked if, for example, Alderman Young is in that district already zoned commercial and he wants to open an accounting office in his home, what process would he have to go through since it is already zoned commercial. Alderman Young replied that based on the ordinance under consideration, he would be considered just like all the other businesses down on Dickson Street. What Alderman Williams is proposing is that he would have to build parking lots at his house. In response to a question from Alderman Williams, Assistant City Attorney McCarty stated the amendment exempts residential uses from the waiver. If you are transferring from residential to commercial use, the waiver would not apply. Rich Lane, Associate Planner, stated that, again using Alderman Young's situation as an example, he could apply for a change of use and would not need to go to Planning Commission. If he could not provide the parking required or wanted a waiver, then as the ordinance stands now, he could ask for a waiver. What the amendment provides is that he could not get a waiver. He could change uses, but would have to provide the parking. In response to a question from Alderman Williams, Lane stated that what the Planning Commission has submitted replaces their current waiver process for C-3 and C-4. Parking can be waived, a $1,200 fee can be assessed for each space waived, or there can be adequate public parking. Alderman Williams agreed this put more of a burden on residents. He explained he has difficulty saying we should just automatically waive parking anytime someone turns a residence into a business. He stated the business might be a very high use business. There is not an abundance of parking there. This could cause problems in the future. Alderman Miller pointed out that there are several empty commercial buildings in the area. 147 .148 April 16, 1996 ,Alderman'.Bassett explained there will probably not be a huge rush ,to change uses. He stated he trusts the people involved to figure out what their customers would need. If Alderman Williams' amendment "A". is passed, it might defeat the purpose of .the ordinance and discourage redevelopment. Alderman Parker asked, since this is on the second reading, if the Council would want to vote on "B" and hold off on "A" so that Alderman Williams could study it further. Alderman Bassett stated the Planning Commission had this for a number of months, the Council has had it for a great deal of time, and there are probably people waiting to have this acted upon. It needs to be wound up. Alderman Miller agreed. Any changes that need to be made could be done by amendment once it is passed. After some discussion of how "B" would read without "A", Alderman Williams withdrew his motion on subsection A to leave it intact as it is now. Alderman Daniel withdrew her second. . To clarify. things, Alderman Williams stated if we just add subsection B below subsection A, it would work. Alderman Williams moved to footage footprint ofthe removed since October 1,. seconded.. Upon roll call, with Young abstaining. Alderman Williams moved to and final reading. Miller passed on a vote of 6 to.l, add subsection little "b", the square building which existed and has been 1995, in order to rebuild. Parker the motion passed on a vote of 6-0-1, suspend the rules and go to the third seconded. Upon roll call, the motion with Hill voting no.. Alderman Hill stated he would like to make an amendment to "b" that was.just added: It would be to the effect that anyone had 90 days to come in and fall under this. The Council discussed the proposed amendment and decided it was not necessary. Assistant City Attorney McCarty read the ordinance for the third timer There were no comments from the audience. In response to a question from Alderman Daniel, Alderman Williams stated this ends shared parking and fees in the two districts. April 16, 1996 Upon roll call, the ordinance passed on a vote of 6-0-1, with Young abstaining. ORDINANCE 3962 APPEARS ON PAGE OF ORDINANCE BOOK B . DISCHARGE & PRETREATMENT ORDINANCE: An ordinance repealing Chapter 51: Water and Sewer, Subchapter: Discharge and Pretreatment Regulations, Sections 51.070 through 51.089, of the Code of Fayetteville and adopting the Discharge and Pretreatment Code for the City of Fayetteville. This ordinance was left on its first reading at the April 2 Council meeting. Alderman Miller stated he would abstain from discussion and voting as OMI formulated this ordinance and is the company he works for. Alderman Young moved to suspend the rules and go to the next reading. Hill seconded. Upon roll call the motion passed on a vote of 6-0-1 with Miller abstaining. Assistant City Attorney McCarty read the ordinance for the second t ime. Charles Venable, Assistant to Public Works Director, responded to Alderman Bassett's request for a brief report of what has• t ranspired since the last meeting. A meeting was held with members of the industry who have permits and a few who do not have permits at this time. It was a good meeting with many questions answered. Steve Ward, Fayetteville Chamber of Commerce, thanked Mr. Venable and the OMI staff for the job they have done explaining the ordinance to the industry. In response to a question from Alderman Bassett asking if there was any reason not to act on this tonight, Ward stated he has received some correspondence of a minor nature that the staff may want to look at. Gene Christiansen, OMI, suggested leaving it on the second reading at this time. There was no objection to this. C. TREE ORDINANCE AMENDMENT: An ordinance amending the Tree Protection and Preservation Ordinance of the Code of Fayetteville. This ordinance was left on its first reading at the April 2 Council meeting. Alderman Williams moved to suspend the rules and go to the next reading. Miller seconded. Upon roll call, the motion passed on a vote of 7 to 0. 149 April 16, 1996 Assistant City.Attorney McCarty read the ordinance for the,second time. Fran Alexander, Friends for Fayetteville,stated the organization's board wishes to fully endorse the changes and additions that have been made to Fayetteville's tree protection and preservation ordinance by the City's Tree & Landscape Committee and to commend that committee for its work and dedication to the improvement of this ordinance. The revisions better provide for coordination in the submission of land disturbance and construction plans and if followed will aid in the .preservation of some of the tree canopy that now exists in Fayetteville. Alexander referred,to a letter she would give to the Council which expressed her personal concerns regarding the tree ordinance. Brenda Thiel, Washington County League of Women Voters, stated she wouldlike the Council members to consider the following positions taken from the League's 1995-1996 program for action. This program states that landscape provisions should provide for maintenance and enforcement by trained:horticulturists, that a stop work order capacity by the landscape administrator would providethe needed leverage to enforce compliance, and landscape provisions should require site.analysisbefore the natural state4is disturbed and the requirement of a tree preservation plan:for grading permit requests on parcels more than.one;acre would somewhat accomplish this. The League also emphasized that the ,preservation of existing trees stabilizes the soil and provides a,habitat for wildlife. Tom McKinney, Ozarks Headwaters Group of the Sierra Club, pointed out that Fayetteville's historic and old trees are still crashing to the ground because of a;few loopholes in the tree ordinance that need to be closed. As long as the removal of large and old trees is allowed just to be replanted with'newer:trees, this ordinance is weak. He recently counted 175 ringson a tree dozed down out on Wedington Road, a two and a half foot red oak. That should not have happened. • Steve Noland, Tree .& Landscape Advisory Committee, explained how the revisions; were. made. The .first ,,year, the Committee saw discrepancies in the administration of the tree protection and preservation ordinance. `Last year, there was a.series of meetings with individuals and groups concerning.these discrepancies. A' public hearing was held. Three major'things-were learned: first, the ordinance was misunderstood; -'second, the: City's planning department could not handle the workload generated by the ordinance; third, the City neededsomeone to administer the ordinance. When the City hired a..landscape administrator, progress was made regarding the first concern and the second and third concerns were completely voided. 6 April 16, 1996 Mr. Noland announced that the City of Fayetteville is to be named a Tree City USA. Donna Porter, Botanical Garden Society of'the Ozarks, expressed her favor of any amendments to the ordinance that preserve the trees in the city. Lorna Benedict, Fayetteville Garden Club, stated that group supports a strong tree ordinance and any measures that promote beautification of Fayetteville. Alderman Williams acknowledged there are some improvements that could be made to the ordinance, but supported passing it at this t ime. Alderman Miller stated that a major platform of his campaign had been a strong tree protection ordinance. He has received a lot of support for this ordinance and wished to passed it now and dedicate it to the upcoming Arbor Day. Alderman Miller moved to move the ordinance to the third and final reading. Hill seconded. Upon roll call, the motion passed on a vote of 7 to 0. Assistant City Attorney McCarty read the ordinance for the third t ime. There being no further comments, Mayor Hanna called for the vote. Upon roll call, the ordinance passed on a vote of 7 to 0. ORDINANCE 3963 APPEARS ON PAGE OF ORDINANCE BOOK D . CHURCH STREET PARKING LOT: A resolution addressing the parking spaces in the lot along Church Street between Center Street and Meadow Street. This resolution was tabled at the April 2 Council meeting. Alderman Young stated there had been a productive meeting. Staff is now working on all aspects addressed in the resolution, which makes the resolution unnecessary now. Dana Williams, audience member, stated it is apparently a mute point now but she did want to inform the Council that some people do like the gate parking and there are options other than going back to where we were. 151 FT' 152 April 16, 1996 Mayor Hanna stated his office has received an equal number of calls for and against this issue. This has been the history of any changes to the downtown parking. Generally, half are satisfied and half are mad. The City does not dothis sort of thing for financial gain or for political motives. The City tries to do what's right for the majority of the people. Alderman Parker expressed his appreciation for the staff for taking both sides into account.. The half who wanted the gated parking felt it was more convenient for them, while the half that opposed it felt it threatened their livelihood. In the balance, the City came down on the right side. There was no further comment and this item was left tabled. CONSENT AGENDA Mayor Hanna introduced consideration of items which may be approved by motion or contracts and leases which may be grouped together and approved simultaneously under a consent agenda. Mayor Hanna noted that item E needed to be removed from the consent agenda to make a minor change and item G was previously removed. A. Minutes of the April 2 regular City Couincil Meeting. B: A resolution awarding Bid 96-26 to the lowest qualified bidder, Ron Blackwell Ford, for the purchase of one two - wheel drive truck and three four-wheel drive trucks for a total cost of $77,102 RESOLUTION 47-96 AS RECORDED IN THE CITY CLERK'S OFFICE. C. A resolution awarding Bid 96-27 to the lowest qualified bidder, Ron Blackwell Ford, forthe purchase of a 15 - passenger van in the amount. of $29.,419 RESOLUTION 48-96 AS RECORDED IN THE CITY CLERK'S OFFICE A resolution approving a budget adjustment in the amount of $69,355 and. a construction contract with— Basic Construction Company in the amount of $227,550 plus a 100 project contingency of $22,755 for 18" sewer force main replacement RESOLUTION 49-96 AS RECORDED IN THE CITY CLERK'S OFFICE E. Removed 8 April 16, 1996 F. A resolution awarding Bid 96-05 to Sweetser Construction Company in the amount of $71,500 for curb and gutter installation and awarding Bid 96-18 to Mobley construction Company in the amount of $30,000 for installation of handicap curb ramps RESOLUTION 50-96 AS RECORDED IN THE CITY CLERK'S OFFICE and RESOLUTION 52-96 AS RECORDED IN THE CITY CLERK'S OFFICE Removed H. A resolution awarding a bid to Ameri-Kan, Inc., for the purchase of solid waste containers for use in the commercial cardboard recycling program and the commercial can program RESOLUTION 51-96 AS RECORDED IN THE CITY CLERK'S OFFICE Alderman Miller moved to pass the consent agenda. Williams seconded. Upon roll call the motion passed on a vote of 7 to 0. JOYCE BOULEVARD IMPROVEMENTS Mayor Hanna introduced for consideration a resolution approving an engineering contract with Northwest Engineers, a division of Crafton, Tull & Associates, in the amount of $98,960 plus a 100 project contingency of $9,896 for Joyce Blvd. improvements from Old Missouri Rd. to Highway 265. Mayor Hanna reminded the Council that Alderman Hill had brought up the point that there is a discrepancy in the names as they are listed. Alderman Hill pointed out that the resolution mentions Northwest Engineers but that name does not appear anywhere in the contract. It was decided to add "Northwest Engineers, a division of Crafton, Tull & Associates" to the resolution. Alderman Hill moved to pass the resolution. Miller seconded. Upon roll call the resolution passed on a vote of 6-0-1, with Young abstaining. RESOLUTION 53-96 AS RECORDED IN THE CITY CLERK'S OFFICE BLUE CROSS BLUE SHIELD RENEWAL Mayor Hanna introduced for consideration a resolution exercising the option to renew Blue Cross Blue Shield Group Plans for policy year May 1, 1996, through April 30, 1997, and recognizing the additional premium requested by Blue Cross Blue Shield. Total City 9 153 154 • April 16, 1996 contributions paid to Blue Cross Blue Shield after approval of this request will, be approximately $756,000 -for• the contract year. Ben Mayes, Administrative Services Director, 'explained there was some confusion at agenda session because of a change that Blue Cross made. This contract was entered into in. 1993. This is our third option out of four to renew this. There isa 10o increase in the premium. : The -'amounts in the 'agenda packet are correct :and still the same. A year ago, we changed from comprehensive major medical coverage to a preferred provider coverage.: Blue Cross has informed us that preferred provider is no longer available :to the City as we are not under ERISA, a Federaldaw, so we are going back to where we were one.year ago. The coverage to the employee is practically identical and `actually increases the number of physicians available to chose from. We willcontinue to do everything we can to contain costs. The more we can contain costs, the longer the premium'will•stay the same. Alderman Daniel moved toacceptthe new contract with.Blue'Cross Blue Shield. Young seconded. Upon roll call,_the resolution passed on a vote of 7 to 0. RESOLUTION 54-96 AS RECORDED IN THE CITY CLERK'S OFFICE TRANSIENT MERCHANTS Mayor Hanna introduced for consideration an ordinance amending. the Zoning Code of the Code of Fayetteville setting rules and regulations for transient merchants and temporary or transient businesses. The Planning Commission voted 7-2-0 to recommend the ordinance. Assistant City Attorney McCarty read the ordinance for the first time: Nader Pourvash, owner of the Garden of Eden tent' at Razorback Six Cinema, stated he has been at his location for four seasons and follows.all the rules and regulations, even obtaining a permit. His concern with this new regulation is the duration, .14 days.. `He asked for=an extension through a. grandfather clause orby being included with the Farmer's Market as agricultural selling. He is at his location in spring for about two and a half months and again in the fall. He sells houseplants/ nursery stock; -bedding .plahts; and vegetables. He has obtained an -occupational permit, ,;;p'ays".rent, has a fire extinguisher on=the premises, has adequate parking and light, and a security guard. He does not mind paying $100 for a permit, -but the 14 days duration would be. impossible for him. He could not'state a minimum time needed, as weather impacts this. 10 April 16, 1996 Alderman Williams stated grandfather clauses are usually for continuous operation of the business. Pourvash replied that he lives in Fayetteville and his business is back every spring. Mayor Hanna stated the intent of the ordinance is to address certain businesses considered detrimental to the looks of our town. It was not intended to include residents who have businesses of a seasonal nature, which is why the Farmer's Market is exempted. In response to a request from Alderman Parker, Assistant City Attorney McCarty reviewed State law concerning agricultural products. There is specific State legislation that provides that the City cannot regulate the sale of vegetables, grain, fruit and other farm products --which can be interpreted pretty broadly --and livestock. So there would need to be an amendment so it cannot be interpreted that we are regulating what the State does not allow us to regulate. Alderman Daniel reminded the Council they had talked about a special area to allow farmers to park. There was some discussion as to what kind of restrictions, if any, the City is allowed to make. Alderman Young commented that the Farmer's Market has discussed2 having a second market on Dickson Street and assumed the exemption would apply to both places. Alderman Bassett did not support the idea of doing anything that regulates the Farmer's Market or the gentleman from the audience or people who sell Christmas trees or produce. Mayor Hanna stated this was instigated to address the fact that some people are concerned about whether or not these merchants are collecting sales tax. It is not the City's job to collect this tax. It is the State's job. In response to a suggestion from Alderman Williams, Assistant City Attorney McCarty stated the definition of transient merchant in this ordinance comes straight out of the State statute. Ed of Ed's BBQ, who has operated a mobile barbecue business on the corner of 265 and 45 for three years, spoke on behalf of the little guy. If you live in this city, pay all taxes, pose no nuisance of traffic or other impediments, and live by all the laws of the health department, there should be provision for individual vendors. It is part of the local flavor. There are not many in the food vendor category in this area at this time and he feels 11 155 156 April 16, 1996 this is pointed at him. He does not feel .transient -and counts• thousands as regular customers. Hevasked the Council to consider the things that make Fayetteville, Fayetteville. He is not aware of any specific complaints'aboiut his .operation.- Specifically, :he asked for possible exemptions for some food vendors in this category. Alderman Bassett asked what the principle reason for.this.ordinance was. Alderman Hill stated he'd heard it was businesses that set up on street corners that blocked the view. Mayor Hanna read from the ordinance the definition of temporary or transient business and pointed out 'that according to :that definition, this ordinance would not apply to a year-round business. Alderman Williams stated it would be goodfor the City Attorney to look at this and explain at the agenda session or regular meeting whether or not it would apply to this type of business. Assistant City, Attorney McCarty stated part of the problem is that the Planning- Director has 'the authority to make the interpretations.. A lot of it is broad and=general and it would fall to Alett Little to make the interpretations in -'the application of the -ordinance. - Alderman Bassett stated he was businesses and asked if there of businesses. If there are only, there is no need to pass businesses. aware of complaints against T-shirt were complaints against other types complaints against T-shirt vendors an ordinance that would hassle other Alderman Parker recalled that'Alett Little had said at the last meeting that one of the major reasons was that a number of merchants felt it was unfair competition from folks who did not have overhead. .Alderman,Bassett felt the coverage needed to be narrowed to the .patt;icular problem, not everyone needed to be swept in. In response to comments by Alderman Parker, Assistant City Attorney McCarty offered to research what a transient merchant is. Pourvash suggested having a set back of so many feet from the street for T-shirt people. 'The duration limit would not hurt them. Alderman Williams stated that having to obtain a permit would give the City opportunity to explain all the rules to the vendor. 12 April 16, 1996 Alderman Daniel asked if this covered the ice-cream man. This ordinance was left on its first reading and will be on its second reading under old business at the next meeting. GARAGE SALES Mayor Hanna introduced for consideration an ordinance amending the Zoning Code of the Code of Fayetteville setting rules and regulations for garage sales. The Planning Commission voted 8-0-1 to recommend the ordinance. Assistant City Attorney McCarty read the ordinance for the first time. Alderman Daniel wondered why the permit number should not be on all signs and asked if signs are not to be located in public right-of- way. Charles Venable, Assistant to the Public Works Director, stated only street signs are legal in the right-of-way. There was discussion regarding the removal of signs and the possible fine imposed. Alderman Williams suggested starting with; a $10 fee rather than $25. After people have learned and figured, out this ordinance, it could be made more expensive for them. Four signs could cost someone $100, a big penalty for being unaware of the law. Mayor Hanna pointed out that when the permit is purchased, they would be given a set of rules. Alderman Miller stated that if the City passes this, it must be willing to enforce it. We do have a bill posting ordinance with a $500 fine that has never been enforced. Alderman Parker stated if this is passed there should be an ad placed in the garage sale section of local newspapers to make people aware that the City is now regulating this. Alderman Bassett again asked for the reasons behind the need for this ordinance. Alderman Hill stated this ordinance could be a little onerous. We would have to have a garage sale cop to enforce this. The signs could be handled under an amendment to the sign ordinance. Alderman Williams asked if holding continual garage sales might not be in violation of zoning. 13 157 458 4-1 April 16,:1996 Rich Lane, Associate Planner, stated there is nothing on the books that would prevent anyone from having a garage sale. Under this ordinance, they would be allowed to have one four times a year. Alderman Williams suggested not including the permit requirement. Alderman Young reminded the Council that the permit process would be conducted over the phone. It would be simple to do and there is no fee charged. Alderman property could be repeated Miller was curious as to how it would be handled if a owner allowed others to use his site for a sale. There several sales a year on thatsite and none of them his or by any one person. Mayor Hanna asked for comments from the audience. There were none. He suggested leaving it on the first reading and noted the ordinance should read, "garage sale at any residence" and not say anything about what zone it is .in. There are residences in commercial zones and industrial zones. Associate Planner Lane agreed this was the intent of the ordinance. Alderman Young suggested changing the wording regarding the fine to --say,;"The City staff may collect up to $25." Mayor Hanna reminded Young that the staff does not collect fines. A ticket has to be issued through Municipal Court. Alderman Young was interested in providing leeway in assessing fines. Alderman Hill envisioned a bookkeeping nightmare. Alderman Parker agreed if . the problem is the signs it could be handled as a short amendment to the sign ordinance. If the problem is permanent garage sales, that could be addressed in a paragraph in another place without having a new administrative mechanism. Alderman Miller suggested not limiting the amount of times but use discretion if they've applied for a permit a whole bunch -of times. Alderman Bassett stated there are meetings scheduled before the next two opportunities to discuss this two Ordinance Review Committee Council meeting, which would be ordinance. This ordinance was left on its first reading. 14 159 April 16, 1996 VACATION VA96-4 - Mayor Hanna introduced consideration of an ordinance vacating an alley and a street right-of-way for property located on S. Willow Avenue as requested by Chris Adams and Mark Taylor. The Planning commission voted 8-0-1 to recommend the vacation. Assistant City Attorney McCarty read the ordinance for the first t ime. Alderman Miller stated this is in his ward and is a place where no alley or road will ever go and saw no problems with advancing this. Alderman Bassett moved to suspend the rules and go to the second reading. Parker seconded. Upon roll call, the motion passed on a vote of 7 to 0. Assistant City Attorney McCarty read the ordinance for the second t ime. Alderman Miller moved to suspend the rules and go to the third reading. Hill seconded. Upon roll call, the motion passed on a vote of 7 to 0. Assistant City Attorney McCarty read the ordinance for the third t ime. There being no questions or comments from the audience or Council, Mayor Hanna called for the vote. Upon roll call, the ordinance passed ORDINANCE 3964 APPEARS ON PAGE SALE OF INDUSTRIAL PARK PROPERTY on a vote of 7 to 0. OF ORDINANCE BOOK Mayor Hanna introduced for consideration a resolution to sell lots H & I located in the South Fayetteville Industrial Park for the amount of $50,000 and approving a one-year option to purchase lot G for the amount of $31,500. Jim Cryder, Chamber of Commerce, stated the City has received a request for purchase of a total of 4.3 acres in the Industrial Park over the term of a year. Initially, they are requesting to purchase two properties which combined equal 2.9 acres and would like to have an option to buy the additional 1.4 acres after one year. The 2.9 acres is being offered at $50,000 and the remaining 1.4 acres would be purchased at $31,500 after one year. The use for it will be warehousing, an excellent use in view of the need our local industries have. There is now a severe shortage of 15 160 April 16, 1996 warehousing in Fayetteville. The Chamber looks on this favorably. It is a•limited lot size and this is the highest and best use. Alderman Miller stated that on his never-ending bicycle rides he did look at this property and it seems this is an appropriate use for this land. He commended the Chamber for finding business for the Industrial Park. In answer to a question from Mayor Hanna, Cryder stated there. is a small, fenced .graveyard that will be quitclaimed out. The acquisition will not include that grave site. Alderman Parker stated this is a good thing that will serve the needs of that area, havelowtraffic, and have a next to nothing effect on the environment: This is a lighter use to;- balance the intensive use there now. Alderman Williams moved the resolution.. Miller seconded. Upon roll call, the motioned passed on a vote of 7 to 0. •`RESOLUTION 55-96 AS RECORDED IN THE CITY CLERK'S OFFICE. HOBBS MOUNTAIN Mayor Hanna introduced for consideration a resolution requesting the Arkansas Attorney General's office to investigate issues they deem appropriate and to intervene as they deem appropriate in proceedings related to landfills on Hobbs Mountain: Alderman Parker stated there are two versions of this.resolution. One is the version received -aday or s� .after the agenda session. It asks the Arkansas Attorney General to come in and help defend our water supply. Based' on commentsreceived, he offered an alternative. This is a resolution .that does much the- same thing through the Four -County Solid Waste District. The rules the Four -County Solid Waste District has made tb restrict landfills to provide greater safety to Beaver Lake are under attack. The brief writing' capability and logistical help and considerable resources of the Arkansas Attorney General can help the side they come in on. Alderman Miller stated he would rather have something and not need it than need it and not have it. He wondered where the troops are, as the people living around Beaver Lake have been quiet concerning it. He made a public call to -,Springdale and Rogers who have a stake in this. He supported both resolutions, especially the one involving the Four -County Solid Waste District as it is basically their function. 16 i 1 161 April 16, 1996 Alderman Williams agreed with Miller regarding going through the Four -County Solid Waste District. We are all in this together. Alderman Young had concerns regarding the process being followed. He supported going through the Four -County Solid Waste District and echoed Miller's remarks concerning the lack of support from other communities involved. Alderman Bassett had no problem supporting the new resolution and explained why he could support it and not the first. There is no legal reason for us to do anything. The Attorney General has the statutory authority to intervene as he or she sees fit. If anyone asks the Attorney General to intervene, it ought to come from the Four -County Solid Waste District. This is a regional problem. Mayor Hanna stated he had taken four copies of the first resolution to Berryville about three weeks ago. He has talked to the director of the Four -County Solid Waste District who has been in touch with the Assistant Attorney General. Alderman Hill agreed it is more appropriate for the Four -County Solid Waste District to make this request. We have a representative at the District and we do not want to usurp their role. They have more facts than we do. Alderman Daniel stated it was the Assistant Attorney General who said he would be more comfortable with the request coming from the Four -County Solid Waste District. It would have more impact. Alderman Parker stated he would move to pass the second resolution. The first one could be set aside. There is the chance that the District could decide that they cannot take a position as they did on the last issue. If that occurs, the second resolution would still offer enough guidance to the Arkansas Attorney General that we would not have to go back to the first resolution. The second one essentially does the same thing. As to why they want us to ask them in, they would be spending public money and it is a little easier if an entity like Fayetteville that represents a lot of citizens asks them to it. Alderman Parker moved to pass the second resolution. Miller seconded. Upon roll call, the resolution passed on a vote of 7 to 0. RESOLUTION 56-96 AS RECORDED IN THE CITY CLERK'S OFFICE. 17 1 OTHER ANNOUNCEMENTS 16, 1996 BUSINESS Alderman, Miller announced the Environmental .Concerns -meeting scheduled for Wednesday night has been postponed till the. following Wednesday. There would be a training session Wednesday at 5:30.for the Household Hazardous Waste Roundup. Alderman Bassett announced the Ordinance Review Committee meeting Wednesday, April 24, at 4:30, room 111,.and -another' meeting; -..on April 30 after the agenda meeting. Hepassedout copies of Trout • Magazine which has an article written by a Fayetteville citizen-._ The Trout Unlimited National Convention will be held in Fayetteville August 7-11 at the Hilton. Mayor Hanna urged all the citizens of Fayetteville to'take.part• n the Household Hazardous Waste Roundup. Fran Alexander announced in behalf of Arbor Week that the Council and citizens of Fayetteville • are' invited to ra. Friends >'for Fayetteville forum on trees Thursday, April 18, 7:30, at the Continuing EducationBuilding... The meeting¥adjourned at 8:37.