Loading...
HomeMy WebLinkAbout1997-03-04 MinutesA MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, March 4, 1997, at 6:30 p.m., in the Council Room, of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. PRESENT: Mayor Fred Hanna; Aldermen Len Schaper, Heather Daniel, Cyrus Young, Randy Zurcher, Trent Trumbo, Donna Pettus, Stephen Miller, and Kit Williams; City Attorney Jerry Rose; City Clerk/Treasurer Traci Paul; staff; press; and audience. Mayor Hanna called the meeting to order with eight aldermen present. OLD BUSINESS SEXUALLY ORIENTED BUSINESSES Mayor Hanna introduced an ordinance defining and classifying sexually oriented business, making sexually oriented businesses conditional uses, providing restrictions on the location of sexually oriented businesses, and providing penalties for violations. City Attorney Rose read the revised draft dated March 4, 1997, for the first time. Alderman Williams stated this draft was arrived at after a lot of time, trouble, and discussion. It will handle at least some of the potential problem with sexually oriented business that would not have required a conditional use prior to this ordinance. It is a good ordinance that he hoped the Council would be willing to pass. The other ordinances already passed on this particular problem have been effective. It has the attention of the police and the State Alcoholic Beverage Commission, and we are now seeing the State law enforced. Mayor Hanna asked for comments from the audience. There were none. Alderman Williams stated it was a consensus of the Ordinance Review Committee that this would only be reported at this time and not passed until at least the next meeting. He pointed out that one reason some of the language was chosen is that this is similar to a statute passed in Little Rock and Hot Springs which has been challenged and found to be Constitutional. Alderman Zurcher stated one thing markedly absent from the issue is property rights groups have not risen to defend these people. The people who usually come forward and say it is bad anytime government regulates business have been absent from this issue. Mayor Hanna asked for further comments. There were none. 1 77 78 March 4, 1997 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 18 regular City Council Meeting; B. Equipment Purchase. This was removed from the consent agenda. See below. C. A resolution approving an engineering contract with Northwest Engineers, a Division of Crafton, Tull & Associates, Inc., in the amount of $37,521 plus a 10% contingency of $3,752 for the 6th Street and S. School Intersection Improvements Project; RESOLUTION 21-97 AS RECORDED IN THE CITY CLERK'S OFFICE. D. A resolution approving an engineering contract with Northwest Engineers, a Division of Crafton, Tull & Associates, Inc., for design, preparation of bid documents, construction staking, and construction oversight for improvements to: streets, sidewalks, storm drainage, and associated improvements in the Community Development Target Area; RESOLUTION 22-97 AS RECORDED IN THE CITY CLERK'S OFFICE. Alderman Miller moved theconsent agenda. Alderman Williams seconded. Upon roll call, the motion passed on a vote of 7-0-1, with Alderman Young abstaining. NEW BUSINESS EOUIPMENT PURCHASE • A resolution awarding Bid 97-15 to the only qualified bidder, Midwestern Equipment Co., to provide a Heavy Duty Cab & Chassis with a mounted Asphalt Patcher to be utilized in the Water/Sewer ,Maintenance Program for a cost of $99,788. Kevin Crosson stated the Equipment Committee recommended this. He informed the Council staff members were present to answer any questions. Mayor Hanna explained what the equipment is. Alderman Williams explained why he had this removed from the consent agenda. It is $100,000 and there was only a single bid. He asked for an explanation of why there was only a single bid. Bill Oestreich, Fleet Operations Superintendent, stated the bidders list was enclosed with the agenda packet. It was sent to a number of potential bidders. Several of these companies 'have had financial difficulties in the past. He had hoped there were units still out there to get a good deal on. He talked to HG Industries March 4, 1997 in Jacksonville, Texas, who provided the last machine that they have had good luck with. They declined to bid. That left only one manufacturer with a good machine and one local distributor. This is below the budgeted amount. Alderman Miller stated the only other question that came up is why the water and sewer department needs this machine. Alderman Williams responded it is so they can make quick repairs to the street. Alderman Miller added the machine the street department has is meant to patch potholes, not big cuts. Also, a cut trench cannot remain open until the street department's machine is available. Plus, this is a hot -asphalt patcher. It will save a lot of labor. Alderman Schaper moved the resolution. Alderman Miller seconded. Upon roll call, the resolution passed on a vote of 8 to 0. RESOLUTION 23-97 AS RECORDED IN THE CITY CLERK'S OFFICE, OTHER BUSINESS Alderman Schaper stated the Ordinance Review Committee has started talking about changes in the hillside development ordinance. He thought it made sense for the Council to pass a resolution not to accept any new applications for development on hillsides while this is under consideration. Alderman Schaper moved to resolve that no new large scale development or subdivision applications be accepted on slopes greater than 10% while we are considering the passage of this hillside management regulation. Several members of the Council stated they would need more time and information before considering this. Alderman Zurcher seconded the motion. Alderman Miller asked if the resolution would cover single units. Alderman Schaper replied it would be development, not building permits on existing lots, anything that is a subdivision. Alderman Young thought individual houses were the major thing to regulate. Mayor Hanna stated a report needs to be prepared by the planning staff. Alett Little, Planning Director, stated this is not a planning issue. It is an engineering issue. She deferred to them. Kevin Crosson, Public Works Director, asked what needs to be looked at. 79 March 4, 1997 .City Attorney Rose stated there are ordinances in place that give developers exactly what they need to do in order to develop. They have a right to apply, probably, under the •ordinances. He was concerned that it was being done by resolution. In order to amend ordinances, you may have to do so by ordinance. Alderman Schaper stated the 2020 Plan moratorium on rezoning was done by resolution. Alderman hillside it once, Williams stated the Council needs to get moving on the ordinance. The Ordinance Review Committee has discussed and it will be on their agenda. Alderman Pettus moved to table the resolution. Alderman Daniel seconded. Upon roll call, the motion passed on a vote of 7-1, with Alderman Schaper voting no. Alderman Williams commented that when the hillside ordinance is looked at, we need to keep in mind the cost of the new waste water treatment facility. It was a lot higher than he'd anticipated. The City needs to think about who is going to pay that cost, the present citizens or the people making us build a new sewer plant. If not that, we should consider how to control our growth so as not to need a new plant so quickly. Alderman Schaper stated the plan is to have a public hearing on the new plant. He suggested holding a discussion session on that report, not one where public comment is taken, to collectively make sure they are all on the same track regarding technical details and cost projections, etc. He would be happy to schedule a Water and Sewer Committee meeting. ANNOUNCEMENTS Alderman Daniel announced there would be a Nominating Committee Meeting March 6. ADJOURNMENT Mayor Hanna adjourned the meeting at 6:57 p.m.