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HomeMy WebLinkAbout1997-05-06 MinutesA MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, May 6, 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 Trent Trumbo, Donna Pettus, Stephen Miller, Kit Williams, Len Schaper, Heather Daniel, Cyrus Young, and Randy Zurcher; City Attorney Jerry Rose; City Clerk/Treasurer Traci Paul; staff; press; and audience. NOMINATING COMMITTEE REPORT Alderman Daniel moved to nominate to the Environmental Concerns Committee Phil Maynard and Keith Horne; to the Arts Center Foundation, Randy Blanton; to the Arts Center Council, James Stobaugh; and to the Planning Commission, John Watkins. Alderman Miller seconded. Upon roll call, the motion passed on a vote of 8 to 0. AGENDA ITEMS PULLED Mayor Hanna announced several items had been pulled from the agenda. The Drake Field sewer lift station was pulled as it has not been before the Airport Board yet. The library exterior renovation was pulled because the bids were not ready to be presented. The disposal of municipal waste and recycling resolution by Alderman Zurcher was no longer necessary. OLD BUSINESS PARK LAND PURCHASE 127 Mayor Hanna introduced a resolution approving the purchase of 2.5 acres from the estate of Mrs. Fred Gulley for additional park land at Gulley Park. This item was tabled at the February 4 Council meeting. Mayor Hanna stated the estate is asking for $100,000 in addition to the $25,000 that has been pledged. City Attorney Rose explained the resolution. The Council would authorize staff to enter into a contract at a price not to exceed $125,000, which includes a $25,000 donation and a budget adjustment. Alderman Young asked if the budget adjustment was for $100,000. 1 51.28 May 6, 1997 Ben Mayes, Administrative Services Director, replied it is for $75,000. $50,000 is budgeted in the current year forparkland acquisition and this budget adjustment is the other $75,000. It recognizes the donation of $25,000 and then $50;000 additional funds. It would be costing the City $100,000. Wade Caldwell, from the audience, stated neighbors of Gulley Park and the Parks Board would like to see the 2.5 acres of land acquired by the City. The donation is from people:in the community interested in seeing this area kept intact as a neighborhood park. Alderman Miller asked about the fate of the house there that has asbestos siding, if there was a law that required the City to remove it. He was informed there is not. Alderman Trumbo moved to approve the resolution. Alderman Pettus seconded. Upon roll call, the motion passed on a vote of 8 to 0. RESOLUTION 42-97 AS RECORDED IN THE CITY CLERK'S OFFICE. EXTENSION OF WATER & SEWER SERVICES Mayor Hanna introduced a resolution approving the extension of water and sewer service to a tract of larid in the Fayetteville South Industrial Park as requested by the Chamber of Commerce on behalf of Panels by Mikey, Inc. Jim.Crider, Chamber of Commerce, spoke representing the Fayetteville Development Foundation, which has the opportunity to 'sell approximately 2 acres -of land to a company called Panels by Mikey that manufacturers metal studs for the construction industry. The purchase price is $44,000. He emphasized this is less than a profit for the Foundation. This company. proposes to construct an 8,500 sq. ft. facility. It would employ approximately 15 new employees. Their investment would be about $500,000. The annual payroll would be about $450,000 to start: This will be engineers and technicians, the kind of jobs we want to attract to Fayetteville. To secure the investment, an integral part of the offering is that water and sewer be brought to this property. Since the Foundation is not operating at a profit, they are turning to the Council for assistance. The estimated cost cf bringing water andsewer to this project would be approximately $23,310. The company expects to double its number of employees in the next two years. Charles Venable, Assistant to the Public Works Director, informed Alderman Schaper that $35 a foot for water and sewer is a reasonable estimate. 2 May 6, 1997 Alderman Schaper stated the Council should go with a capped amount. He supported the concept but did not like writing blank checks. Alderman Schaper moved to go with a $20,000 contribution as a cap. Alderman Zurcher seconded. Alderman Daniel asked about the location of a sidewalk, if there is one. Mr. Crider replied it would be on the west side along Highway 156 and the plans have been approved. Mr. Crider made further comments regarding when to require sidewalk construction in the Industrial Park and the inadvisability of attracting civilian foot traffic in an industrial park. Ben Mayes, Administrative Services Director, stated this money will come out of the general fund. Alderman Schaper emphasized his motion is actual cost upeto $20,000. City Attorney Rose confirmed this is how the resolution reads. Upon roll call, the motion passed on a vote of 8 to 0. RESOLUTION 43-97 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 April 15 regular City Council meeting. B. A resolution approving the renewal of Blue Cross Blue Shield/U.S. Able Life Accidental Death & Dismemberment and Long Term Disability Group Policies for policy year 5-1-97 to 4-30-98. RESOLUTION 44-97 AS RECORDED IN THE CITY CLERK'S OFFICE. Hazardous Materials Emergency Response Unit --moved from consent agenda. See below. ;129 May 64 1997 D. Drake Field Sewer Lift Station --first moved from consent agenda then pulled from agenda. Alderman Williams moved to accept the consent agenda. Alderman Pettus seconded. Upon roll call, the motion passed on a vote of 8 to 0. NEW BUSINESS HAZARDOUS MATERIALS EMERGENCY RESPONSE UNIT Mayor Hanna introduced a resolution awarding Bid 97-28 to the only qualified bidder meeting specifications, Boardman Emergency Vehicles, Division of Sinor Manufacturing Co., Inc., for the purchase of a unit to be utilized by the City of Fayetteville Fire Department as a hazardous materials emergency response unit for a cost of $102,284. Alderman Trumbo stated that the Equipment Committee had met with Fire Chief Jackson and discussed this at length. This is a very expensive piece of equipment and is something the City needs. The one we currently have is a '76 model. Alderman Daniel asked how often the City is called to use this type of vehicle. Mickey Jackson, Fire Chief, replied our local team responds to 12 to 15 incidents a year. This unit will be kept at Fire Station No. 2. Alderman. Williams explained he had asked that this be taken off the consent agenda primarily because of the cost and there was only one qualified bidder. He wished to address the issue of one bidder. Jackson explained one bid was received. This type of rig is one of the units the Boardman Co. specializes in. This company has been in existence a long time. This company is like the prime contractor. They will build the body and put all the equipment on it with the exception of some specialty items like the four- wheel drive, which will be done by a company specializing in that. The Ford warranty will be honored locally. Delivery will be about -four months. The company will send a delivery person with it who will stay a couple of days to familiarize personnel with the truck. That is the extent of their obligation. The training program for the hazardous material team is extensive. There is not a lot of training involved with putting into service this new unit. There will not be a long acceptance period. We do not pay for it until we accept it. • 4 4 131 May 6, 1997 Alderman Pettus moved to approve the resolution. Alderman Young seconded. Upon roll call, the motion passed on a vote of 8 to 0. RESOLUTION 45-97 AS RECORDED IN THE CITY CLERK'S OFFICE. ANIMAL SHELTERING AGREEMENT Mayor Hanna introduced a resolution approving an animal sheltering agreement with Washington County. Ben Mayes, Administrative Services Director, stated this contract was approved by the Quorum Court at their April 10 meeting. It allows the City to provide sheltering services to the County on a space available basis and a fee per animal basis. It will be operated by the City. This is the result of a couple of years of work. Alderman Schaper asked if this agreement would require the City to spend some capital at the shelter to increase capacity. Mayes replied he was unsure about this as it is not certain as to the number of county animals out there. The City did budget $156,000 in the CIP this year to expand the shelter. We have an old shelter behind the newer one and are putting some holding cages and quarantine areas in that facility to meet any immediate needs. We have been looking into expanding the shelter and were doing so before this agreement. This agreement is for a year and will be effective when the Council approves the resolution. Tomorrow the City would start accepting County animals and invoicing the County. The County has appropriated $50,000. If that money runs out, they can appropriate more. Alderman Miller moved the resolution. Alderman Williams seconded. Upon roll call, the motion passed on a vote of 8 to 0. RESOLUTION 46-97 AS RECORDED IN THE CITY CLERK'S OFFICE. REZONING RZ97-3 Mayor Hanna introduced an ordinance rezoning .21 acres located at 112 S. University From I-1, Heavy Commercial --Light Industrial, to R-2, Medium Density Residential, as requested by Chloe Howell. The Planning Commission voted 9-0-0 to recommend the rezoning. City Attorney Rose read the ordinance for the first time. Chloe Howell, petitioner, stated she agreed to the R-2 zoning with Tim Conklin on the condition that the varience was also granted. She had met with the adjustment committee the day before, but there is no mention of that on the agenda. 5 1:32 May 6, 1997 Alett Little, Planning Director, stated the varience was granted. She confirmed it did not have to go through the Council. Alderman Williams asked if Ms. Howell was satisfied with the R-2 and if she was planning to build a duplex. Ms. Howell confirmed she is satisfied with this and does plan to build a duplex. Alderman Daniel reported that Ms. Howell had informed her that some of the neighbors had no objections and thought it an improvement. Mayor Hanna asked if any neighbors were present to address the issue. There were none. Alderman Williams moved to suspend the rules and go to the second reading. Alderman Schaper seconded.. Upon roll call, the motion passed on'a vote of 8 to 0. City Attorney Rose read the ordinancefor the second time. Alderman Daniel moved to suspend the rules and go to the third 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. Alderman Schaper commented that the Council does not usually go through three readings on rezonings in one meeting, but in this case there are clearly no obpeotions. It is along the lines of everything the Council wants to see happen. Alderman Zurcher noted there is a huge tree on the side of the property. Apparently it is dying because•fill dirt has been put over the roots. He stated he'd been told the City did that and wanted to go on record saying that 'if the City did do that, to please not do that. Ms. Howell stated contractors have done that and she will try to save the tree. Mayor Hanna called for the vote. Upon roll call, the ordinance passed on a vote of 8 to 0. ORDINANCE 4035 APPEARS ON PAGE OF ORDINANCE BOOR 6 133 May 6, 1997 ANNEXATION RZA97-4 Mayor Hanna introduced an ordinance annexing approximately 30 acres located north of Mt. Comfort Road and west of Salem Road as requested by Michele Harrington on behalf of Prestige Properties. The Planning Commission voted 7-2-0 to recommend the annexation. City Attorney Rose read the ordinance for the first time. Michele Harrington, attorney, stated she was present for Prestige Properties on just the annexation. She is considering an appeal of the rezoning denial. Alderman Schaper asked what grounds she would appeal on. Ms. Harrington replied they believe there is a large need for that type of housing. It has not been decided whether they will reconsider or appeal. Alderman Daniel stated there was supposed to be a road along the west side of this. She asked if this development would contribute to that also. Ms. Harrington replied yes, assuming they develop all the way over there. The plan would be to include whatever right of way designation is required. There may be a strip of land on the other side that is not owned by the client that may be used for that road instead. A fence line is a little offset from the boundary line and there are some details to determine ownership over there. Her client is very aware there will be access going to the west side, no question about it. Alderman Daniel stated she would like assurance from the staff that the sewer treatment plant will be able to handle this new development. Ms. Harrington stated she understood that sewer improvements, or an additional lift station are consideration and her client is prepared to pay share. additions, in the his proportionate Alderman Zurcher asked for a ballpark figure on the price these homes. of Ms. Harrington replied these would be under $100,000, probably in the rage of $75,000-$95,000. It is not meant to be low rent housing. Alderman Pettus asked staff for a quick idea of the pros and cons of this annexation. May 6, 1997 Alett Little, Planning Director, responded issue by issue. This is 30 acres in an area considered fairly close to the City limits. Although it will generate traffic, it is not as bad as traffic coming from other places. With regard to sidewalks, Salem Village, Crystal Springs, the school, and softball complex have all been required to put in sidewalks and the City would expect the same from this developer. Salem Village was required to dedicate property off its west side for a minor collector; the City would expect the same from this developer. Crystal Springs was required to install an auxiliary pumping plant and to pay sewer assessment fees. Salem Village was required to pay assessment fees. There is a process for looking at the sewer capacity and charging the appropriate assessment fees at the time of development. Regarding the frontage on Salem Road, all of the previous developments have been required to improve Salem Road, so this development would be required to improve Salem Road. With regard to pros and cons of annexation, this is one of the better places to look at for annexation. Alderman Trumbo moved to suspend the rules and go to the second reading. Alderman Pettus seconded. Upon roll call, the motion failed on a vote of 4 to 4, with Aldermen Schaper, Daniel, Young, and Zurcher voting no. OTHER BUSINESS CITY ATTORNEY REPORTS City Attorney Rose stated the City has been sued in a class action lawsuit regarding the property tax and millage by the City. The answer in that case is due the first of next week. If he hears nothing contrary from the Council, he will be'filing that answer. It will contain a general denial of theallegations of wrongdoing. As far as the millage goes, the City is a relatively minor player. He stated he thought the very maximum =amount of money that would have to be refunded is approximately $65,000. The other danger is attorney fees. He would argue to share, if at all, on a proportional basis. Rose reported on the Marvin Gardens lawsuit. He stated it has become apparent to him that he is in a difficult position as City Attorney, in the sense that City staff has opinions that differ from the Council. He feels that if he did not aggressively pursue one part of this case, the other part may feel he. was not being either considerate enough or tough enough. He has decided that a conflict exists and he will be appointing a special counsel for this. The professional procurement policy of the City requires that notices be sent out to attorneys. By the 15th, applications should be in and he'll make the selection at that time. He does not feel the fees will be a burden. 8 -135 May 6, 1997 Alderman Pettus asked why the appointed counsel would not also have a conflict. Rose replied the decision maker needs an attorney. Any conflict would be resolved in favor of the Council. He works with both bodies, City staff and Council. Alderman Williams stated he thought what the Council voted on was in fact the policy of the City, rather than what the staff might have recommended at one point. Rose had no argument with this. This was a personal choice of his as he works with both parties on a daily basis. Regarding the Overlay District lawsuit, Rose reported it continues to progress. There has been no discovery demanded and no trial date set. While we wait, the ordinance is in full effect. Alderman Williams asked if the delay might cost additional attorney's fees if we lose finally. Rose replied he could not see how that could happen. The case has lain fallow, and he did not think anyone could argue that attorney fees have been built up as a result of this delay. ADJOURNMENT Mayor Hanna adjourned the meeting at 7:42 p.m.