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HomeMy WebLinkAbout1997-02-18 MinutesA MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, February 18, 1997, at 6:30 p.m., in the Council Room, of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. PRESENT: Mayor Hanna; Aldermen Kit Williams (arrived late), Len Schaper, Heather Daniel, Cyrus Young, Randy Zurcher, Trent Trumbo, Donna Pettus, and Stephen Miller; City Attorney Jerry Rose; City Clerk/Treasurer Traci Paul; staff; press; and audience. Mayor Hanna called the meeting to order with seven aldermen present. DISTINGUISHED CITIZEN AWARD - MILLER WILLIAMS Mayor Hanna presented Fayetteville's Distinguished Citizen Award to poet Miller Williams. The award was presented in recognition of Mr. Williams' contributions as an individual and as an artist to Fayetteville, our nation, and the world. Alderman Williams arrived. OLD BUSINESS ANNEXATION & REZONING RZ96-19 Mayor Hanna introduced an annexing and rezoning for property located east of Dead Horse Mtn. Rd. and north of Stone Farm Rd. as requested by Jim McCord on behalf of Meadow Enterprises. Mayor Hanna stated there is a request to annex 765 acres as A-1, Agricultural, and a request to rezone 37.97 acres from A-1, Agricultural, to R-1, Low Density Residential. The Council was asked to make the annexation a resolution, but some members preferred an ordinance since we usually do it that way. Jim McCord, petitioner's attorney, stated, as far as the ordinance vs. the resolution, whatever the Council prefers. The Council had asked for clarification on what land is where. He introduced Randy Heckenkemper to speak to this and passed out a map. Randy Heckenkemper, golf course architect and president of Planning Design Group of Tulsa, gave a brief description of the hand outs, which were a color map and answers to questions from the last meeting. Alderman Miller asked Alett Little for confirmation that development is not allowed in flood ways. The flood way shown seemed awfully big. 1 61 3 62 February 18, 1997 Alett Little, 'PlanningDirector, confirmed• development.is not allowed in flood ways. 'She stated this is a very large flood way. because it is the White River. - Responding to a question from Alderman Pettus regarding development in the hundred -year flood plain, Little stated we have an ordinance thatapplies within the City, if not 100-15 in the flood plain the area provided for .buildabIe• space for the house must be.at least 7,000 sq. ft. The City requires that it be elevated two feet above the estimated level of the hundred -year flood. Alderman Young noted that according to the map the majority of the land is out of the hundred -year flood way. Little stated about two-thirds of the land is not subject to flooding, based on the map in front of the Council which is based' on the FEMA map. Alderman Schaper figured there were about 489 acres of the total tract suitable for development, leaving out the flood way, flood plain, and golf course. If thatdevelops at the average city-wide intensity of three dwelling units an acre, this is close to 1,500 dwelling units. He noted the hillside might change the development potential. Two units an acrewould be reasonable, nearlya thousand dwelling units and 10,000 vehicle trips per day. Route 16 East is currently overloaded with 12,000 trips per day. At time of development, we need toapportion some off-site improvements.' Mayor Hanna stated this would be done when large. scale development was brought through. Alderman Miller's worst case scenario was 1,000 houses on septic tanks. Alderman Schaper stated this is a case to use the village concept in the 2020 Plan. Alderman Young suggested building.a commercial' node somewhere in the area of where the County road goes back out to the highway or rezoning some of the brown area on the map commercial: Alderman Daniel asked how much reliefcould be expected if other connections are made. - Little 'responded that they reviewed the preliminary plat and did ask forone additional connection to.the east. The current owner of the large tract in this development doesn't own the tract that immediately intervenes between this and Roberts Road; it would require other development. There would be a way for part of them to..go east and exit on Roberts Road. 2 • 63 February 18, 1997 Alderman Miller moved to suspended the rules and go to the second reading. Alderman Young seconded. Upon roll call, the motion passed on a vote of 8 to 0. City Attorney Rose read the annexation ordinance for the second time Alderman Zurcher stated that even taking away the fact it will add so much traffic to Highway 16 and taking away the fact we are subsidizing this development as a city by annexing, this R-1 density on the edge of town is taking away what we love about our city, which is being close to things. Looking at what our community needs, it is completely unnecessary at this point. Alderman Williams disagreed. This is an excellent use of the property. The golf course will preserve a tremendous amount of green space. Alderman Zurcher did not consider a golf course with pesticides and increased runoff and few trees preservation. Mr. McCord commented, regarding subsidizing the developer, that the developer installs the infrastructure at his cost. Regarding the golf course, Randy Heckenkemper is renowned for his environmental treatment when designing golf courses. The Council had a letter included in the packet that addresses the runoff issue. Alderman Zurcher noted the minutes from the Planning Commission showed Alett Little agreeing that the City basically subsidizes, when it comes down to fire and police service and everything the City provides, all residential development. Little stated all residential development is the key. Every citizen pays for those services with their taxes. Mayor Hanna asked for comments from the audience. Jeff Erf, 2711 Woodcliff Road, asked if it would be possible to put a dollar amount on what the City subsidizes, on what additional fire and police protection costs and infrastructure and sewage treatment. Alderman Williams disagreed that the City subsidizes residences. The City will require the developer to do all the infrastructure. He will get fire and police protection, but this area is not far out. There is land in the city farther south and farther east than this. This will not require a new fire station or new infrastructure. a f 4 February 18, 1997 Alderman. Schaper. disagreed. New development has` a' measurable impact on infrastructure and infrastructure costs. He -gave .upgrading the sewer as an example. Reasonable off-site improvement ..!costs could be charged to this development. Alderman Miller stated we are .assuming all the land will be developed R-1. Only one area is to be developed R-1 and the rest •is just annexed. As requests come in for rezoning, that's. when we should be dealing with these questions.' :Mayor Hanna pointed out the annexation would bring in new citizens who will pay taxes. Highway 16 is a State highway and they will pay for that. The sewer is paid for by sewer fees. The City does have the ability to levy property tax. Mr. Erf asked about the bridge that the County has initiated repairs on but did not complete: He asked who would pay for the repair of this bridge after annexation. Kevin Crosson, Public Works Director, replied thiswould be looked into. There were no further questions from the audience. Alderman Williams moved to suspend the .rules and go to the third and final reading. 'Alderman'Miller".seconded.' Upon roll call, the motion passed on a vote of 8 to 0. City Attorney Rose read the 'ordinance for the third time. Mayor Hanna called for the vote.. Upon roll call, the ordinance passed on a vote of 7 to 1, with Alderman Zurcher voting no. ORDINANCE 4019 APPEARS ON PAGE OF ORDINANCE BOOR' Alderman Miller moved to go to the second reading of the rezoning ordinance. Alderman Williams seconded. Upon roll call, the motion passed on a vote of 8 to O. City Attorney Rose read the rezoning ordinance for the second time.' Alderman Schaper stated a primary question when rezoning is the impact on traffic in the immediate area. He asked-Alett Little if the Planning Commission had the required discussion -on the traffic impact of this rezoning. 65 February 18, 1997 Little stated they looked at the information and had answered any questions they had. She had provided them information on the development and the traffic on Highway 16 as part of their packet. Alderman Schaper did not see any discussion on traffic impact in the minutes. Little stated they are not required to discuss it if they don't have questions about it. Alderman Schaper asked Charles Works Director, if Route 16 East per day. Venable, Assistant to the Public currently had 12,000 vehicle trips Venable replied when you get to the 265 area, it is around 12,000 to 13,000. Alderman Schaper stated this development with 78 houses would generate 780 trips per day, most in the primary directions at the busy times. Venable thought it might add 100 vehicles during the peak hours, not enough to do a whole lot. The road now breaks down during certain times. It might last 16 minutes instead of 15. Alderman Schaper stated he would oppose this rezoning because it is unnecessary at this time given the residential market in Fayetteville and given the amount of residential land already zoned far closer to the city and its existing infrastructure and it has a single connection and all the traffic will dump onto Highway 16 East. Alderman Williams felt this is a good development for his ward. It adds to a good mix. This will be an excellent development, a reasonable and good use for the land. Alderman Schaper stated that to rely totally on one skinny State highway as a way in and out of this development is not bearing the full responsibility of development. Alderman Williams noted Highway 16 is due to be upgraded. Alderman Pettus moved to suspend the rules and go to the third and final reading. Alderman Miller seconded. Upon roll call, the motion passed on a vote of 8 to 0. City Attorney Rose read the ordinance for the third time. • ill. 66 February 18, 1997 There being no further comments, Mayor Hanna called.for.the vote. Upon roll call, the ordinance passed on a vote of 6 to'.2, with Aldermen Schaper and Zurcher voting no. ORDINANCE 4020 APPEARS ON PAGE OF ORDINANCE BOOK PUBLIC FACILITIES BOARD Mayor Hanna introduced a resolution approving the issuance by the Fayetteville Public Facilities Board .of refunding revenue bonds (Butterfield Trail Project) in the principal amount of $29,100,000 and ratifying the resolution of the Fayetteville Public Facilities Board. Mayor Hanna stated City Attorney Rosehas drawn up an ordinance that removes the Council from the loop. However, the Butterfield Trail Board has asked the Mayor to inform the Council they would prefer the Council to go ahead and act on the resolution. Alderman Miller was glad to see the bond counsel on the first bond issue was taken off. Noting this is a revenue bond, he understood there is no way it could be changed into a general obligation bond that:the City would be obligated for. Mayor Hanna asked City Attorney Rose if the ordinance could be done after the. resolution. 1Rose responded it would be more logical to do the ordinance first. If the •ordinance. is passed, there would be no need for the resolution. If the Council amends the ordinance and removes the ratification or contact with the City, there would be need for the resolution. Steve Gunderson, representing Butterfield Trail Village, stated it was his understanding that if the ordinance is adopted,there will be a 31 -day referendum period. As a result of that", they will not be able to proceed with this issue for at least 31 days. Rose stated that is a decision of the bond counsel. He was not sure it was even a referendumable issue, but the bond counsel must certify. that. Alderman Pettus stated she had questions about things that appear to be required by the 1974 ordinance. If they do apply and have not been done, she asked what effect that would have if somebody chose to challenge the bond issue. 6 67 February 18, 1997 Rose replied that if there was a material flaw in the issuance of the bonds that had to do with the Public Facilities Board then someone might challenge the issuance of those bonds. If the bonds were successfully challenged, the remedies might include defeasance of those bonds. Alderman Pettus stated that in Ordinance 2485, section 4, there are several requirements that the Public Facilities Board is supposed to submit to the City Board before the bond is approved. She stated Mr. Gunderson has said to her that he believes those requirements have been removed by subsequent amendments. She asked if that was in fact the case. Rose replied he does not believe they have been removed. What it refers to are the original residential housing bonds. He did not read that this ordinance applies to any subsequent projects. Rose stated he had been instructed to revise the proposed ordinance and remove the City from the process. The revised draft dated 2- 18-97 is what he took from the Council's instructions at the agenda meeting. Alderman Schaper asked how this differed from the one the Council had at the agenda meeting. Rose replied it differs because he'd been asked to completely divorce the City from any contact with the Public Facilities Board. To do that, he deleted a portion of section five and the portion of section four about the City requiring certain things for those residential housing bonds. If the revised draft is passed, it was his intent for the City to completely divorce itself from the process of approving, ratifying, or having much of anything to do with the Public Facilities Board. Alderman Schaper stated he had a problem with giving up the Council's jurisdiction over the issuance of municipal, tax-exempt bonds. The review process is in there to make sure this board does not run amok. Alderman Williams asked City Attorney Rose if he had changed his mind about not seeing any potential liability or problems with the bond issuance. He asked if the Council could approve the resolution as is without making the changes to the ordinances. Rose responded yes to this. Alderman Williams asked Rose if the discussion had changed his mind about whether or not there are significant problems with the ordinance. 68 February 18, 1997. Rose replied the Council asked him to change the ordinance to make sure the Public Facilities Board's authorization to issue revenue bonds for the housing of the elderly was in addition to any other. authorization to issue bonds. He continues to feel this is. perfectly clear in the ordinance and the two amendments. ' The Council has to decide if they want this more clear. The Council asked him to remove Friday, Eldredge & Clark as bond counsel. He always thought that applied to the bond issue that was mentioned in the ordinance, so he feels comfortable with this; but it is the Council's call. The Council asked him to remove the ratification and approval process, which it is now discussing. Alderman Pettus stated it was difficult to get information about this and wanted to clarify how much information the Council should be entitled to. Alderman Miller noted the Council needs more time to study this type of issue. Alderman Williams asked if one of the ordinances to clean it up was passed, would that mess up the deal. Mr. Gunderson replied it would move the timetable forward. If the ordinance is amended, their bond counsel is of the opinion that he has to wait 31 days. The bank has not committed one way or the.. other. The best thing would be the resolution. Second best, if the ordinance is amended, would be to take them out of.the loop. • Alderman Pettus asked if it would panic him if the Council did'not want to take the ratification part out and just wanted to take the bond counsel part out and clarify the purposes. Mr. Gunderson replied he's not panicked but is aware, as is the bank, that there will be a 31 -day wait. Alderman Miller proposed that the Council remove the fourth whereas and approve the ordinance. Alderman Williams seconded that amendment. City Attorney Rose stated he could read an ordinance which eliminates the deleting of the portion of the ordinance which requires ratification. The ratification powers would not change. He would read a. hybrid of the first ordinance he'd given the Council. He would be marking out the next to the lastsentence in the title, the fourth whereas clause, and section three on page two. 69 February 18, 1997 Rose further explained he was getting ready to read an ordinance that would make expressly clear that the Public Facilities Board's authorization to issue revenue bonds for the elderly housing facility is in addition to any other authorization to issue bonds and it will delete section nine which named Friday, Eldredge & Clark as bond counsel and it will declare an emergency. City Attorney Rose read the ordinance for the first time. Mayor Hanna stated it seemed it was the Council's desire to pass this ordinance and then pass the resolution. He asked for audience comment. Lamar Pettus, attorney, did not understand why the Council would leave any reference to the bond counsel in the ordinance. An argument could be made that residential housing bonds in the future will have to use Friday, Eldredge & Clark. Section 9 of Ordinance 2485 should be completely deleted. Rose stated the reason he did that was so that someone examining this would not just see a vacancy and attack it. Mr. Pettus stated if the Council was going to maintain the ratification process, it means the Council is sanctioning what the Public Facilities Board does. They will have to make sure the Board complies with the ordinances and State law. As elected officials, the Council has an obligation to inquire and find out what is going on, and they have not done that in this issue. The resolution passed by the Facilities Board on January 22, 1997, was voted on by one Board member not qualified to vote, as he had not filed his oath of office with the City Clerk. That was Mark Dutton. The March, 1993, minutes of the Facilities Board show two vacancies. One was for Bill Gould. They wanted to fill his vacancy with Reece Parham, who was going to serve out the term until January 1, 1995; but instead, the Facilities Board extended Bill Gould as a member and in 1997 appointed Dutton to fill his term, which expires January 1, 2000. This means they reappointed a dead man for a five year term. Mark Lungaro was appointed before the vote was taken in January, 1997, to fulfill his term that had expired on January 1, 1996. He has yet to file his oath of office. Steve Adams was appointed back in April, 1991, and voted in August of 1991 and 1992 and did not file his oath of office until August of 1992. Mr. Pettus stated the Council, as elected officials, has not shown due diligence and should commit to do so in the future. He pointed out the Public Facilities Board is required to file an annual report. The report this year was filed after he filed his freedom of information request. 9 70 February 18, 1997 Jim McCord, attorney, clarified that -Reece Parham was nominated -to,; fill a vacancy but declined to serve.; Mark Dutton waspsesent at' the meeting where the resolution authorizing the <refund'ng'was adopted by the Board. They had a quorum present without..his vote. All these oaths of offices have been filed. Evelyn McDonald, Butterfield Trail Village.board member. spoke'to Pettus regarding his concerns for how the Council is doing -its »job. do response to a question from Alderman Zurcher, City Attorney:Rose -,stated the major difference between this issue and the incinerator bonds is that the Northwest Arkansas Resource Recovery Authority was composed of the same membership as the City Council-. 'That is not a factor here. The incinerator had no stream of revenue at:its inception. This already has a stream of revenue. •The.lesson learned in that lawsuit was that 'the City cannot -take responsibility for their boards and commissions. Alderman Williams moved to suspend the rules and go to the -.second reading. Alderman. Miller seconded. Upon roll call, .the motion' passed on a vote of 8 to 0. Alderman Schaper asked City Attorney Rose if he felt the revised ordinance just read was unnecessary. Rose replied he thought it would be an over -abundance of caution, but the Council should do what it wants to do. City Attorney Rose read the ordinance for the second time. - Alderman Schaper stated there are now four ordinances that have to be read together in order to come up with what the .intent is. These changes are unnecessary and are overkill. Alderman Williams moved to suspendthe rulesand go to:the'third and final reading. Alderman Pettus seconded. Upon roll call, the motion passed on a vote of 7 to 15, with -Alderman Zurcher absent for the vote. City Attorney Rose read the ordinance for the third time.. There being no further comments, Mayor Hannacalled for the Vote. Upon roll call, the ordinance passed on a vote of 7 to 1, with Alderman Schaper voting no. ORDINANCE 4021 APPEARS ON PAGE OF ORDINANCE BOOK Upon roll call, the emergency clause passed on a vote of 8 to 0. 10 February 18, 1997 Alderman Miller moved to bring the resolution off the table. Alderman Zurcher seconded. Upon roll call the motion passed on a vote of 8 to 0. City Attorney Rose explained the Council had two resolutions before it. One was passed out by the Public Facilities Board at the meeting two weeks ago. The other one was passed out prior to that at an agenda meeting. They are different. The chief difference is the last whereas clause. Alderman Williams asked if the Council had to ratify the actual resolution approved by the Public Facilities Board. Rose replied it is contained in both resolutions under section two. Alderman Schaper stated he would not pass a resolution that refers to the Council as the Board of Directors of the City of Fayetteville. Rose suggested passing the first resolution. It says City Council. Mayor Hanna asked for comments from the audience. There were none. City Attorney Rose read the resolution. Alderman Miller moved to pass the resolution. Alderman Zurcher seconded. Alderman Schaper was confused at the number of drafts for this resolution. City Attorney Rose stated there are two resolutions presented by the Public Facilities Board. One is the one read and the other was provided two weeks ago. He has not become involved because he assumed these resolutions were designed by the bond counsel. It would be presumptuous of him to change them, so they are different than the ones done by him. Essentially the differences are in the whereas clauses but not in the actual body. The second one, the one not read and which has Board of Directors on it, is designed to alleviate some of the Council's concerns in the whereas clauses and tried to limit responsibility, etc. It is required by statute and by the ordinance to say on the face of the bonds that it is not payable by the City of Fayetteville. Alderman Young stated the letter of credit eliminates a lot of problems and alleviates a lot of responsibility. Mayor Hanna called for the vote. 11 71 72 February 18, 1997 Upon roll call, the resolution passed on a vote of 7.to 1, 'with' Alderman Young voting no. RESOLUTION 13-97 AS RECORDED IN THE CITY CLERK'S PARK LAND PURCHASE - GULLEY PARK OFFICE. Mayor Hanna stated the Parks Director has requested that. this be left on the table. PARKING LOT PURCHASE Mayor Hanna introduced a resolution amending Resolution 6-97 by requiring any contract or agreement regarding the acquisition of the parking lot located between East and Block Streets to come before the City Council for approval. Mayor Hanna reminded the Council that when this was discussed last there were some questions about legalities, so City Attorney Rose has -prepared a resolution stating the Council won't take any action and will continue to work with the Parking Authority on the lot purchase. In response to a question from Alderman Young, Rose stated section two that has the budget adjustment will remain the same. • Alderman which is -.Alderman not- been Schaper stated this comes out to over $300,000. an acre, a very, very high price for a parking lot. Zurcher thought the timing is not appropriate as it has put before the voters in any way. It is too early. Mayor Hanna asked for comments from the audience. There were none. Alderman Pettus moved the resolution. Alderman Daniel seconded. ZTpon.roll call, the resolution passed on a vote of 8 to 0. RESOLUTION 14-97 AS RECORDED IN THE. CITY CLERK'S OFFICE. CONSENT AGENDA Mayor Hanna introduced consideration of items which may be approved by motion or contracts and leases which can be approved by resolution and which may be grouped together and approved. simultaneously under a consent agenda: A. Minutes of the February 4 regular City Council meeting; 12 73 February 18, 1997 Condemnation Removed (see below) Condemnation Removed (see below) D . A resolution awarding Bid 97-3 to the lowest qualified bidder, E. A. Martin Industrial Equipment Co., to provide an L. P. Gas Cushion Tire Fork Lift to be utilized at the recycling Center for a cost of $33,472.28; RESOLUTION 15-97 AS RECORDED IN THE CITY CLERK'S OFFICE. E . A resolution accepting the lowest qualified bidder, Williams Ford Tractor, to provide a Diesel Powered Skid Steer Loader per Bid 97-12, item 1, to be utilized at the Recycling Center for a cost of $18,799; RESOLUTION 16-97 AS RECORDED IN THE CITY CLERK'S OFFICE. F. A resolution accepting the lowest qualified bidder, Williams Ford Tractor, to provide a Diesel Powered Skid Steer Loader per Bid 97-12, item 3, to be utilized in the Sidewalk and Trails Program for a cost of $29,614; RESOLUTION 17-97 AS RECORDED IN THE CITY CLERK'S OFFICE. G . A. resolution approving a budget adjustment which will allow for the rollforward of all propects or items in progress which were appropriated in the 1996 Budget; RESOLUTION 18-97 AS RECORDED IN THE CITY CLERK'S OFFICE. H . A resolution approving a contract with McGoodwin, Williams, and Yates for engineering work related to improvements to the White River Water System in an amount not to exceed $34,960; RESOLUTION 19-97 AS RECORDED IN THE CITY CLERK'S OFFICE. Alderman Young moved to approve the consent agenda. Alderman Miller seconded. Upon roll call, the motion passed on a vote of 8 to O. Alderman Schaper commented regarding the rollforward that he is concerned the City is not spending its money quickly enough. If we need something, it should be bought or done in the year we appropriate the money. 13 74 February 18, 1997 NEW BUSINESS CONDEMNATIONS Mayor Hanna introduced an ordinance authorizing the City Attorney to seek court condemnation and possession of land located on the south side of 24th Street for right of way purposes and temporary construction easement purposes from land owned, by Jerry Sweetser and the heirs of Paul E. Tunstill or Jerry Sweetser, Inc., or Morningside, Inc. City Attorney Rose placed two ordinances for eminent domain. proceedings on first reading. The second one was an ordinance authorizing the City Attorney to seek court condemnation and possession of land located on the south side of 24th Street for right of way purposes, water line permanent easement purposes, and temporary construction easement purposes from land owned by Jerry & Sharon Sweetser. Alderman Williams asked if the City had been able to contact Mr. Sweetser or the other owners of this property. Kevin Crosson, Public Works Director, replied we have not. Ed Connell, land agent, added thelastcontact was last summer. We have sent him the original offer. letter on this and a follow-up letter, which was given to the Council at this meeting. This letter stated if the City did not hear from him by the first week in February, they would take this action. Mayor Hanna stated he has spoken to Mr. Sweetser.'s office and was told the correspondence had arrived there and was forwarded to Mr. Sweetser in Florida. Connell stated he hand delivered all the correspondence and documents. Mr. Sweetser has made no response whatsoever. The City hopes to settle this before it goes to court. Engineering needs to get going. Alderman Williams noted this has been on the CIP project list for a long time. Alderman Williams moved to suspend the rules and go to the second reading of the first ordinance. Alderman Daniel seconded. Upon roll call, the motion passed on a vote of 8 to 0. City Attorney Rose read the ordinance for the second time. 14 �I ncrwm r..i..,o, � , L February 18, 1997 Alderman Schaper asked if when we move this road to eliminate the nasty hairpin turn would that section of pavement be retained by the City. Connell replied there is some access to the Askew property. What we have invited Mr. Sweetser to do is to vacate the western portion of that road to him as part of the trade off. Crosson stated we would leave an access to the Askew property on the eastern side of the area and will improve that access so it is not a continual loop and clean up the part not required for access. Alderman Zurcher stated he is not comfortable with passing this if Mr. Sweetser is out of town. Mayor Hanna stated this is the same process the State highway department uses and Mr. Sweetser does a lot of work for them. He is quite familiar with it. Alderman Williams moved to suspend the rules and go to the third and final reading. Alderman Daniel seconded. Upon roll call, the motion passed on a vote of 8 to 0. City Attorney Rose read the ordinance for the third time. Mayor Hanna asked for comments from the audience. There being none, he called for the vote. Upon roll call, the ordinance passed on a vote of 8 to 0. ORDINANCE 4022 APPEARS ON PAGE OF ORDINANCE BOOR Alderman Schaper moved to go to the second reading for the second ordinance. Alderman Miller seconded. Upon roll call, the motion passed on a vote of 8 to 0. City Attorney Rose read the ordinance for the second time. Alderman Schaper moved to suspend the rules and go to the final reading. Alderman Zurcher seconded. Upon roll call, the motion passed on a vote of 8 to 0. City Attorney Rose read the ordinance for the third time. • Mayor Hanna called for the vote. Upon roll call, the ordinance passed on a vote of 8 to 0. ORDINANCE 4023 APPEARS ON PAGE OF ORDINANCE BOOR 15 • 75 February 18, 1997 MODIFICATION TO AIRLINE AGREEMENTS Mayor Hanna introduced a resolution approving a lease modification to current airline agreements which will allow a one-year extension of each contract with five one-year options and grant to :each airline a 5% discount, increased by 5% annually through the f.ive year extension period, to exclusive space rental. Alderman Williams stated the Airport Board has recommended this. ,dl.It Will <be five percent reduction. We have kept the rate constant ;for-<.the:past five years. We are trying to make it as. favorable as possible for airlines to stay at Drake Field. Airport administration has checked the figures, and it is feasible to "do: Alderman Williams recommended the resolution. Mayor Hanna asked -.N. * :fora second. Alderman Schaper seconded. Upon roll call, the resolution passed on a vote of-8:to 0. RESOLUTION 20-97 AS RECORDED IN. THE CITY CLERK'S OFFICE. ANNOUNCEMENTS City Attorney Rose informed the Council the City is being sued by the developers on the Marvin Gardens Subdivision. It will be a de novo appeal of an administrative decision the Council made not to grant preliminary plat approval. De novo means they start from scratch. They present their case to the Circuit Court and the Circuit Court decides whether or not they have met the requirements to obtain approval. He did not know the time line. No hearing date has been set. ADJOURNMENT Mayor Hanna adjourned the meeting at 8:40 p.m. 16