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HomeMy WebLinkAbout1997-03-18 Minutes81 A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, March 18, 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 Heather Daniel, Cyrus Young, Randy Zurcher (arrived late), Trent Trumbo, Donna Pettus, Stephen Miller, Kit Williams, and Len Schaper; City Attorney Jerry Rose; City Clerk/Treasurer Traci Paul; staff; press; and audience. Mayor Hanna called the meeting to order with seven aldermen present. NOMINATING COMMITTEE REPORT Alderman Daniel moved to nominate Kay Curry to the Environmental Concerns Committee. Alderman Young seconded. Upon roll call, the motion passed on a vote of 7 to 0. OLD BUSINESS SEXUALLY ORIENTED BUSINESSES Mayor Hanna introduced consideration of an ordinance defining and classifying sexually oriented businesses, making sexually oriented businesses conditional uses, providing restrictions on the location of sexually oriented businesses, and providing penalties for violations. This ordinance was left on its first reading at the March 4 meeting. 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 7 to 0. City Attorney Rose read the ordinance for the second time. Rose informed the Council he had the incident reports on various businesses that the Council had requested from Police Chief Watson. Due to their length, the reports would be available for review in his office. Mayor Hanna asked for public comment. There was none. Alderman Daniel stated she wanted to see the report from the Police Chief before the final vote was 'taken. Alderman Miller had a question about a possible loophole in Section 6. Someone could open up an erotic bar and a couple months later open a tavern right next door. 2 March 18, 1997 Rose thought the ordinance would have tobe changed. The last part of Section 6 could be stricken and a period put in after "residential uses." Alderman Young asked if that would require them to move, if.a bar opened up. Rose replied no. We are talking about a sexually oriented business that is opened and after that one of these uses comes in. It would not have to move. Alderman Williams stated it would mean we could chose not to grandfather them in. With this, if a bar came in, they would be grandfathered in automatically. Rose agreed. Alderman Williams moved to 6 and place a period after seconded. Upon roll call, strike the last nine "residential uses." the motion passed on words in Section Alderman Pettus a vote of 7 t6 '0 Alderman Miller confirmed with City Attorney Rose that Hot Springs is going through a grandfathering court case now. They decided,.they would give 'thorn a certain amount of timeto move .and that is being tested now'. Three years is what they had. Alderman Schaper noted there is only one business in town that would be classified as a sexually oriented business at this point. He asked City Attorney Rose if they would be grandfathered in by this ordinance. Rose replied they would be. Alderman Zurcher arrived. Alderman Williams moved to move this on to the third and final reading. Alderman Pettus seconded. Upon roll call, the motion passed on a vote of 6 to 2, with Aldermen Daniel and Miller voting no. City Attorney Rose read the ordinance for the third time. for the vote. to 1, with .There being no further comments, Mayor Hanna called Upon roll call, the ordinance passed on a vote of 7 Alderman.Daniel voting no. 'ORDINANCE 402.4 APPEARS ON PAGE OF ORDINANCE BOOK March 18, 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 March 4 regular City Council meeting; B . A resolution approving a contract with Garver and Garver in an amount not to exceed $45,342 for engineering services for the widening of Sycamore Street from Leverett to Garland; RESOLUTION 24-97 AS RECORDED IN THE CITY CLERK'S OFFICE. C. A resolution approving a construction contract with Wilks Construction, Inc., in the amount of $105,180 plus a 50 contingency of $5,259 for repairs to the Wilson Park Pool; RESOLUTION 25-97 AS RECORDED IN THE CITY CLERK'S OFFICE. D . A resolution approving an addendum to the Deferred Loan Agreement to provide additional funding for a project in conjunction with the Residential Rehabilitation Program; RESOLUTION 26-97 AS RECORDED IN THE CITY CLERK'S OFFICE. E . A resolution authorizing the Mayor and City Clerk to execute contract amendment no. 1 with CH2M Hill in an amount not to exceed $95,742 and approving a budget adjustment; RESOLUTION 27-97 AS RECORDED IN THE CITY CLERK'S OFFICE. A resolution approving a modification to the current Fixed Base Operator's lease with Aerotech Services, Inc., dba Fayetteville Air Service; RESOLUTION 28-97 AS RECORDED IN THE CITY CLERK'S OFFICE. Alderman Miller stated he would abstain from the vote. Alderman Williams moved the consent a seconded. Upon roll call, the motion with Alderman Miller abstaining. 3 genda. Alderman Schaper passed on a vote of 7-0-1, 83 84 EQUIPMENT PURCHASE March 18, 1997 NEW BUSINESS Mayor Hanna introduced consideration of a. resolution awarding Bid 97716 to the lowest qualified bidder meeting specifications, Gus Shaffar Ford, for the purchase of eight intermediate extended cab four-wheel drive pick up trucks for a cost of $158,843.84 to be ;utilized for replacement and expansion units in the Meter Operations Division, Engineering Division, Water & Sewer Maintenance Division; and the Fire Marshal's office. Alderman Miller moved the resolution. Alderman Daniel seconded.. Upon roll call; the.resoiution passed on a vote of 8' to O. RESOLUTION 29 -97 -AS RECORDED IN THE CITY CLERK'S OFFICE. EOUIPMENT PURCHASE Mayor Hanna introduced a resolution awarding Bid 97-13 to the qualified bidder meeting specifications, Shipley Motor Equipment Company, for the purchase �f a. Mack SP300P diesel powered cab/chassis with a mounted vacuum style sweeper for a cost of $13.8,859 to be utilized by the Street Maintenance Division. Alderman Daniel asked if other municipalities using these machines had been checked with'. Randy Allen, Street Superintendent, answered no. Alderman Miller noted all the machines looked at had been tested. Allen had a list of all streets that have curb and. gutter for sweeping. There is a total of .180.6 miles of curb streets, both sides would be 360 lane miles. This machine should sweep about 40 miles a day. Alderman Williams recommended :paying special attention to bike lane streets. Bicycles are much more susceptible to debris than cars are. Alderman Schaper moved the resolution. Alderman Miller seconded. Upon roll call, the resolution passed on a vote of 8 to 0. RESOLUTION 30-97'AS RECORDED IN THE CITY CLERK'S OFFICE. March 18, 1997 VACATION VAC97-02 Mayor Hanna introduced an ordinance vacating a utility easement on property located at 3181 Idlewood Way as requested by Dave Jorgensen on behalf of Roger Wilkins. City Attorney Rose read the ordinance for the first time. Alderman Miller asked if it is permissible to plant trees or shrubs within a utility easement. Kevin Crosson, Public Works Director, responded it is permissible but they are taking a risk. The City moves fences all the time. Alderman Williams noted that the builder who made this mistake purchased a lot line adjustment from the other side so there would be enough of an easement left. Alderman Pettus asked why three members of the Planning Commission voted against this. Jim Beavers, City Engineer, responded it was his opinion they were making a statement that they are tired of seeing easement vacations being brought forward. There are no technical reasons why this should not be approved. There are no utilities in this easement. Alderman Young moved to suspend the rules and go to the second 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 second time. Alderman Schaper moved to suspend the rules and go to the third and 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 4025 IS FOUND ON PAGE OF ORDINANCE BOOK 5 86 March 18,-1997 SUNRAY SERVICES, INC., INCREASE FEES Mayor Hanna introduced a resolution increasing the fees for the transportation and disposal of the City's solid waste and for the operation of the transfer station. Kevin Crosson, Public Works Director, noted Dale Stevener from Sunray was present as well as Cheryl Zotti, the City's Environmental Affairs Administrator. The net increase is $.35. The contract calls for any increases from the contractor to come before the Council. Alderman Miller stated Mr. Stevener was grilled by the Environmental Concerns Committee. The Committee made a positive recommendation on this. Mayor Hanna assured the public this would not raise fees at the present time. Dale,S,tevener, General Manager for Sunray Services and Fulton Sanitation, gave a history of the contract. The increasespertain to the operating part of the transfer station and the ongoing transportation costs. The actual disposal part .to°the 'City has not changed.a.t the transfer statioi. The Cherokee .Nation Landfill increased':disposal $1, but at the same time DPC&E decreased because of the trust fund for post -closure. Alderman Pettus asked what would happen if the State started charging a dollar again. Mr. Stevener replied thiscost would have to be passed on. Alderman Miller recalled the contract allows for two renegotiations a year. Alderman Zurcher remarked on Hobbs Mountain and corporate. responsibility. There are a lot of people in the city who have supported White River EPA in their efforts to keep the landfill off Hobbs Mountain. Sunray's parent company is still attempting to put a landfill in this unsafe spot. Though the City is locked into a contract, there is opposition on the Environmental' Concerns Committee about doing business with Sunray. Alderman Miller moved the resolution. Alderman Daniel seconded.. Upon roll call, the resolution passed on a.vote of 8 to 0.. RESOLUTION 31-97 AS RECORDED IN THE CITY CLERK'S OFFICE. 87 March 18, 1997 BID WAIVER Mayor Hanna introduced an ordinance approving a bid waiver to purchase two used diesel powered cab/chassis of the appropriate size and rating to allow mounting of City owned spreader equipment, to be utilized by the Street Maintenance Division. City Attorney Rose read the ordinance for the first time. Alderman Schaper asked if this requires the unanimous approval of the Equipment Committee. City Attorney Rose replied it does. Alderman Williams moved to suspend 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 ordinance for the second time. Alderman Daniel 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. There being no further comments, Mayor Hanna called for the vote. Upon roll call, the ordinance passed on a vote of 8 to 0. ORDINANCE 4026 IS FOUND ON PAGE OF ORDINANCE BOOK BID WAIVER Mayor Hanna introduced an ordinance approving a bid waiver for the purchase and installation of fuel dispensing and related equipment for utilization with the City of Fayetteville's Gasboy system. City Attorney Rose read the ordinance for the first time. Bill Oestreich, Fleet Operations Superintendent, stated the City is currently utilizing a duel card system, a blue card for the operator and a white card for the vehicle. When these are inserted into the machine, the operator has to manually insert his odometer reading before the pump will turn on. This new system will eliminate the cards, which the City has had problems with, and use a single key. 7 88 March 18, 1997 An advantage to this system is it can be upgraded even further to provide a transmitter that automatically tells the pump what the odometer reading is, time of day, operator, etc. It interfaces with our billing system. We have the ability to track the operator of the vehicle and mileage with this automated system. We are not losing any fuel now, but we are losing the accountability to charge it to the proper user divisions and departments. Basically, the $32,000 is what we have left from the base project of replacing the gasoline tank at Church Street, removing the fuel tanks at Happy Hollow Road, moving the system from Church Street to Razorback Road, and upgrading that. The purpose of the bid waiver is that we have two companies who have offered to come in. We have our pricing direct from the factory. The initial set up will be in the area of $8,000. Ifwe buy a stand-alone system, without upgrading, the cheapest price would be over $17,000. Alderman Schaper asked if Oestreich had checked to see if Mitchell Oil was going to do any further upgrading to the front of that property. Razorback Road is one of the new, wonderful entrances into town. Oestreich stated Mitchell Oil was very receptive to Alderman Schaper's comments when the fuel contract was done last year. They did a lot to clean up thearea at that time. According to Mr. Stanley Rogers of Mitchell Oil, getting the tanks in and the cement set was phase one of their operation. Phase two will continue out toward the road. They are waiting for notification of how wide Razorback Road is going to be. Oestreich stated he had spoken to Raymond Mitchell that morning regarding this. Mr. Mitchell had said they will get the fence moved out and continue grading before the pumps are turned on. Mr. Mitchell recognizes this is one of the most important streets coming into town, and he wants it to look good. Alderman Schaper also brought up the swamp that has been created between there andthe sports bar. Those kinds of areas are breeding grounds for insects. as well as being unsightly. Kevin Crosson, Public Works Director, said he would investigate this. He didn't think Mitchell Oil created this situation. Randy Allen, Street Superintendent, stated this has been low for a number of years with water standing. It is a State highway now and the State is responsible for maintenance. 8 89 March 18, 1997 Ben Mayes, Administrative Services Director, explained why a bid waiver is being asked for. We currently have a Gasboy system and the City's desire is to upgrade it to make it more efficient and more accurate. We want to stay with the Gasboy system and, therefore, need a bid waiver. We will realize a cost savings by keeping our base system and just upgrading it. 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. City Attorney Rose read the ordinance for the second time. Alderman Daniel moved to suspend the rules and go to the third and final reading. Alderman Pettus seconded. Upon roll call, the motion passed on a vote of 8 to 0. City Attorney Rose read the ordinance for the third time. There being no further comments, Mayor Hanna called for the vote. Upon roll call, the ordinance passed on a vote of 8 to 0. ORDINANCE 4027 IS FOUND ON PAGE OF ORDINANCE BOOR BID -WAIVER Mayor Hanna introduced an ordinance approving a bid waiver and ratifying a contract with J. Graves Insulation, Inc., in the amount of $16,541 for asbestos abatement of construction waste at the Uptown School site and approving a budget adjustment. City Attorney Rose read the ordinance for the first time. Alderman Miller stated the unknown razing of this building is a separate issue. The City is under EPA suggestion that we do this immediately. Alderman Zurcher stated this has to be done now because the building was illegally razed. Mayor Hanna stated the DPC&E was here to inspect the site. They appreciated the fact that they were called when the City realized a mistake had been made. They will make one more report, but were satisfied the City had done all it could do after the fact. He didn't think this would cost the City any more money. The main reason for the bid waiver is because the DPC&E asked that it be done within ten days, which is what they would have asked if we'd told them we were going to contract to have the building taken down. They don't feel we have created a hazard. 9 March 18, 1997 Alderman Zurcher urged the public to gothrough channels before donating time and resources to the„City.. «Alderman Miller moved the ordinance to Alderman Williams seconded. Upon roll a vote of 8 to O. City Attorney Rose readtheordinance for the second time. Alderman Williams moved to go to the third and final reading. Alderman Daniel seconded. Upon roll call, the motion passed on a vote of 8 to 0. the second reading. call, the motion passed on City Attorney Rose read the ordinance for the third time. Alderman Zurcher stated he understood Mr. Starr has agreed to pay any extra costs. Mayor Hanna confirmed that Mr. Starr has assured him if there is any additional cost he will pay it. This will be followed up on. There being no further comments, Mayor Hanna called for the vote. Upon roll call, the ordinance passed on a voteof8 to 0. ORDINANCE 4028 APPEARS ON PAGE OF ORDINANCE BOOK Alderman Williams clarified that no emergency clause was needed. FAYETTEVILLE/WHITE. RIVER. WATER CONNECTION Mayor Hanna introduced a resolution authorizing the Mayor and City Clerk to execute contract amendment No. 1 with McGoodwin, Williams, and Yates in an amount not to exceed $124,549 for work related to the water connection between Fayetteville and the White River Rural System. Kevin Crosson, Public Works Director, reminded the Council that earlier this year they had approved a contract with McGoodwin,. Williams, and Yates for a preliminary study for the best way to connect the White River Rural System with the Fayetteville system. Contract amendment No. 1 is to go to the next phase of the project, which is design.. A commitment has been made to do our best to get it on line within one year. It is within the realm of possibility. Alderman Schaper stated the citizens of Fayetteville need to understand they are not the ones paying for this. 10 March 18, 1997 Ben Mayes, Administrative Services Director, stated this type of payment by rural customers is typically spread out over 20 years. We have committed to make sure the rates are set to where the White River customers pay a rate sufficient to recover the cost of getting water to them. We also committed to not raising their rates for a period of 12 months. This was taken into consideration in the acquisition costs. Alderman Young moved to pass the resolution. Alderman Daniel seconded. Upon roll call, the resolution passed on a vote of 8 to 0. RESOLUTION 32-97 AS RECORDED IN THE CITY CLERK'S OFFICE. MAINTENANCE OF SIDEWALKS Mayor Hanna introduced an ordinance amending Chapter 98: Streets and Sidewalks, Subsection (E), Sidewalks, of the Code of Fayetteville, to transfer the responsibility of maintenance of sidewalks from the property owners to the City. Alderman Miller stated the Trails Committee was very careful to avoid the word "maintenance" and used the words "repair and replace" because they still expect citizens to keep the weeds out of the cracks, brush from intruding, trees from hanging down. The purpose is to repair and replace, not to maintain. City Attorney Rose read the ordinance for the first time. Mayor Hanna stated not all sidewalks are in street easements. If we are not careful, the City might be expected to maintain sidewalks not actually on the right of way and we could have liability problems. Also, there are ADA requirements to be considered. Alderman Miller stated Section E, (2) allows the City to establish priorities for sidewalk repair. This gives some flexibility. Kevin Crosson, Public Works Director, agreed this is a substantial change from current policy. He would ask that the citizens understand the City would set the priorities and do those places that are appropriate and that this will be capital intensive. Some areas will not be touched for some time. The financial part of this has to be taken care of very carefully. Alderman Williams noted nothing in this ordinance keeps property owners from repairing and replacing their own sidewalks. 11 4. 92 March 18, 1997 Crosson agreed. The City would carefully consider repairing areas of residential sections before.commercial'sections; as they have a different benefit from residential. Alderman Daniel asked Chuck Rutherford to report regarding input. from the State regarding permits. Chuck Rutherford, Sidewalk Supervisor, stated he'd spoken to the Arkansas Transportation Department and was. assured something could be worked out_ between the City and State so it would be a fast and efficient process. There. would not be a hold up' if ,this ordinance passes. City Attorney Rose stated the City's ADA coordinator is concerned about the possibility of curb cuts being madeand having them built to ADA standards. Alderman Miller added there are certain slope requirements., Alderman Schaper stated the ADA requirementsis another good reason to have the City do this. The average homeowner may not understand the ADA requirements and could do it wrong. The City woulddo it right. Alderman Young agreed. He added that if the homeowner did it" wrong, the City would have to redo it. City Attorney Rose stated the reason the ordinance has "City" sidewalks is to try to eliminate problems with sidewalks not on the right of way. You run a real risk using City equipment to.. repair private property. You can't do it. :Alderman Schaper stated part of his thinking wasto. distinguish `between the major capital expense of replacing a sidewalk and the maintenance issue, shoveling snow, weeding, and pruning. Those things can be done at virtually no. expense vs. the largecapital expenditure of replacing. sidewalks.. Alderman Pettus asked what part of the budget this would come out of. Crosson responded they are tryingto find funding to the tune of $165,000 out of the street improvementprogram for sidewalk improvements. This was left on its first reading. 12 March 18, 1997 OTHER BUSINESS PUBLIC FACILITIES BOARD 93 Mayor Hanna stated there was a request from the Public Facilities Board to re -vote on the bonds. Jim McCord, attorney, spoke on behalf of the Fayetteville Public Facilities Board and Steve Gunderson, counsel to Butterfield Trail Village, Inc. Mr. Gunderson was unable to be present. Mr. McCord stated the Public Facilities Board passed the final resolution approving the issuance of up to $29,100,000 revenue refunding bonds for the Butterfield Trail Village project. The refunding will save Butterfield Trail Village a minimum of approximately $400,000 a year. He reminded the Council that it had approved the proposed refunding bond issue on February 18, 1997. Because of legal concerns, the amount of money involved, and for an abundance of caution, Butterfield Trail Village and the Facilities Board are requesting the City Council to adopt, one more time, a ratifying resolution for the refunding bond issue. He'd delivered a packet to the Council that included a transmittal letter to the City Attorney, a copy of the resolution adopted by the Facilities Board, and a draft ratifying the resolution. The Facilities Board and Butterfield Trail Village respectfully requested the Council to ratify once again the refunding bond issue previously ratified. Mr. McCord stated this is short notice, but the Council has reviewed this quite thoroughly in the past and is aware of the concept and structure. If the Council is uncomfortable about passing this at this time, the Public Facilities Board would ask for a special meeting later in the week to answer any questions. The request is to adopt the ratifying resolution at this time so that the bond issue can proceed to close on April 3. Alderman Daniel asked City Attorney Rose to comment on this. Rose stated it would appear the Council is being asked to pass the same resolution it passed before with the exception that the Council is now being asked to ratify the March 18 resolution of the Public Facilities Board. Mr. McCord agreed. The previous ratifying resolution approved the Facilities Board's preliminary approval. Now the Council is approving the Public Facilities Board's final approval of the refunding bond issue. The Council would be approving the final financing. The Public Facilities Board and he have looked at the 13 94 March 18, 1997 final documents and are satisfied with them. He finds the documents to be in order and is satisfied there is no potential exposure from a liability standpoint to the Facilities Board or the City of Fayetteville. He could verify that the finance committee and staff of Butterfield Village have reviewed the structure of this financing and are comfortable with it. Since the last ratification, no substantial material alterations have been made. Alderman Young had a question regarding Section 4. He asked which resolutions were referred to. Mr. McCord language. McCord and ordinance. answered any City Council resolutions. It is standard To his knowledge there were no conflicts. Rose agreed it would have no affect on the existing. Alderman Schaper pointed out that the only reference to the bonds not being a debt of the City is in the whereases, not in the body of the resolution. He suggested that wording be added to Section 1 that would specifically state the bonds are not an obligation to the City. Mr. McCord concurred and would recommend that change to be made, consistent with the preamble. He confirmed that all the closing documents make it very clear that is the case. Alderman Schaper noted that in the resolution passed by the Public Facilities Board the only place it refers to the obligation is Section 2. He asked for an explanation of the trust estate. Mr. McCord responded that under the financing structure, there is a bank letter of credit and the bank is obligated to pay on the debt service on the bonds. There is a reimbursement agreement between Butterfield Trail Village and the bank where Butterfield has to reimburse the bank for making the debt service payments. All those obligations are called the trust estate. Mr. McCord stated he had no objections to proposed amendments that make it unequivocally clear that the City is adopting this with the clear understanding that there is no possible exposure. Alderman Williams suggested an amendment at the end of Section 1, the following sentence: The bonds are not a debt of or a pledge . > of the credit of either the City of Fayetteville or the Board and neither the City nor the Board are obligated to pay the debt `service or principal on the bonds. He clarified the Board is the 'Public Facilities Board. 14 4 March 18, 1997 Mr. McCord stated he would recommend that change. Rose read the amendment: The bonds, by statute and intent this Council, are not a debt of or pledge to the credit of the City or the Board and neither the City or the Board is obligated to pay debt service on the bonds. 95 of either Alderman Williams stated the only thing he added was, . .pay debt service 'or principal' on the bonds." Mr. McCord stated the debt service is principal, interest, trustees' fees, etc. He recommended the amendment. Alderman Pettus asked to add, ". have been properly issued." .whether or not said bonds Mr. McCord did not have a problem with this. Alderman Williams took this as a friendly amendment. Alderman Schaper seconded the amendment. Upon roll call the amendment passed on a vote of 8 to 0. Mr. McCord informed Alderman Schaper that the bond counsel had written this and he had revised it to put it in a form familiar to the Council. Mayor Hanna asked for comments from the audience. There were none. Alderman Williams moved the Daniel seconded. Upon roll of 8 to O. resolution as amended. Alderman call, the resolution passed on a vote RESOLUTION 33-97 AS RECORDED IN THE CITY CLERK'S OFFICE. HILLSIDE DEVELOPMENT Mayor Hanna introduced a resolution postponing of applications for subdivision or large scale approval until September 1, 1997, or until the or revised hillside ordinance and declaring an the consideration development adoption of a new emergency. City Attorney Rose read the resolution. Rose stated he was not sure why the emergency clause was included, except there was one on the last moratorium the Council did. He explained the rationalization for using a resolution rather than an ordinance. It is the general rule that only an 15 96 March 18, 1997 ordinance may amend or in any way affect anbther ordinance.. -A resolution was used as .the Council is not amending or delaying the application of any ordinance. They are instructing staff, administratively, not to accept applications. Alderman Pettus asked how a waiver could be obtained ifan application can't be made. Kevin Crosson, Public Works Director, replied staff would bring a waiver to the Council. Alderman Pettus asked how many hillside developments were pending. 3 , Jim'Beavers, City Engineer, replied that, assuming pending meant not in the cycle yet, other engineers have told him of three subdivisions planned on hillsides, but it is just speculation. Alderman Pettus stated the Council has already turned down one hillside development because it didn't like what was potentially going to happen. We can do that under existing ordinances until the Council comes up with an'adequate hillside ordinance. She did not think this resolution was necessary and did not -see an. emergency. Alderman Schaper noted the City is being sued for turning down that hillside development. This resolution' makes it clear we are not going to get into the game of beat the clock with potential developers. Alderman Young stated hillsides have been talked about a while. He questioned the emergency. If there is.an this just puts off making a decision. He had -concerns Section 2, granting a. waiver. He"asked if "compelling could be defined. for quite emergency, about interest" Alderman Schaper responded that wording was taken out of the rezoning moratorium. It would be for the Council to decide. Mayor Hanha remarked that Section 3 states this is necessary to manage the impact on existing development and infrastructure of the City. The resolution doesn't give the opportunity to see whether it would affect -an existing development. It takes all hillside development; there may not be anything impacted at all. Alderman Miller said six months would wipe out an entire building season. 16 97 March 18, 1997 Alderman Williams stated that as this was not on the agenda and not something like the bond issue that had been considered in long meetings previously, the public needs opportunity to have input Alderman Daniel noted that concern for the site itself was left out of the resolution. Alderman Zurcher stated he would be more comfortable with a moratorium, rather than just turning something down. If someone meets all the codes and ordinances, he did not feel a legal right to say no, if we don't like what they have. It was agreed this would be under Old Business at the next meeting. Alderman Williams moved to table the resolution. Alderman Daniel seconded. Upon roll call, the motion passed on a vote of 8 to 0. DRAKE STREET Alderman Pettus stated she had citizens call her who were concerned about drag racing on Drake Street. It is like a four - lane highway west from 71. The citizens have talked to the police and were told unless the police see it, they can't do anything about it. The citizens would like speed bumps. Mayor Hanna stated he would talk to the police department and see if there were suggestions such as stop signs considered. Alderman Williams explained that City traffic engineers have said speed bumps are unsafe as they can cause cars to lose control. ADJOURNMENT There being no further business, Mayor Hanna adjourned the meeting at 8:40 p.m. 17