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HomeMy WebLinkAbout1997-06-17 Minutes185 A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, June 17, 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, Kit Williams, Stephen Miller, Donna Pettus, Trent Trumbo, Randy Zurcher, and Cyrus Young; City Attorney Jerry Rose; City Clerk/Treasurer Traci Paul; staff; press; and audience. ABSENT: Alderman Schaper Mayor Hanna called the meeting to order with seven aldermen present. NOMINATING COMMITTEE REPORT Alderman Daniel moved to make the following nominations: to the Walton Arts Center Foundation: David Malone; two juveniles to the Juvenile Concerns Committee: Ian Beard and Tess Jordan; two parents to the Juvenile Concerns Committee: Rebecca Weaver and Hamsa Newmark; three teachers to the Juvenile Concerns Committee: Keri Kelso, Peggy Smith, and Colleen Felton; to the Library Board: Nancy Hendricks; to the Board of Housing and Construction Appeals: O. E. Luttrell; and to the Cable Board: Tiny Hamilton and Katherine Shurlds. Alderman Pettus seconded. Upon roll call, the motion passed on a vote of 7 to 0. 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 June 3 regular City Council meeting; B. A resolution approving an architectural contract with Wittenberg, Delony & Davidson, Inc., in an amount not to exceed $44,125 to provide architectural services for the Fire Department; RESOLUTION 54-97 AS RECORDED IN THE CITY CLERK'S OFFICE. C. A resolution approving a contract with Goodwin & Goodwin, Inc., in the amount of $85,970 for the installation of the Drake Field East Side Sewer Lift Station and approving a budget adjustment; RESOLUTION 55-97 AS RECORDED IN THE CITY CLERK'S OFFICE. June 17, 1996 A resolution authorizing the Parks and Recreation Division to apply for $50,000 from the Arkansas Department of Parks and Tourism Outdoor Recreation Grants Program, for the replacement of unsafe playground equipment at Walker Park; RESOLUTION 56-97 AS RECORDED IN THE CITY CLERK'S OFFICE. E. A resolution authorizing the Parks and Recreation Division to apply for $100,000 from the Arkansas State Highway and Transportation Department Arkansas. Recreational Trails Program for the construction of an accessible multi -use trail. around Lake Fayetteville; RESOLUTION 57-97AS RECORDED IN THE CITY CLERK'S OFFICE, F. Aresolution approving a. contract with McClelland Consulting Engineers, Inc., for drainage improvements - at the runway 34 safety area .at the airport; RESOLUTION 58-97 AS RECORDED. ,IN THE CITY CLERK'S OFFICE, G. A resolution approving a contract. with Garver and Garver Engineering for:engineering services,for five projects at the airport and approving a budget adjustment; RESOLUTION 59-97 AS RECORDED IN THE CITY CLERK'S OFFICE. A resolution approving.the settlement of.Runnels vs. :City of Fayetteville' for the amount of $7,805.60; • RESOLUTION 60-97 AS RECORDED IN THE CITY CLERK'S OFFICE. Aiderman'Pettus"stated` she had achange to make to the aridaasked that the -minutes be removed from the consent .She;stated.E.she would.-like.to change,.on page 14 of the "Mr.. Pettus =addressed:*comments - Marilyn Snapp . . . Pettus responded-ta comments from Marilyn Snapp. . ." • minutes agenda: minutes, to "Mr. Aldermen Williams and Zurcher agreed this would be.,.appropriate. Alderman Williams moved the consent agenda. Alderman Zurcher ;seconded. Upon roll call, the motion passed on a vote,of 7 to 0. 2 187 June 17, 1996 OLD BUSINESS REZONING RZ97-6 Mayor Hanna introduced an ordinance rezoning 12.44 acres located east of Cato Springs Road and south of Treat Street from R-2, Medium Density Residential, to C-2, Thoroughfare Commercial, as requested by Jerry Allred on behalf of Robert Dowell. This ordinance was left on the first reading at the June 3 Council meeting. 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 7 to 0. City Attorney Rose read the ordinance for the third time. Jerry Allred, representing the Robert Dowell Trust, stated this property is going to be sold, so the development will proceed at some point. He felt the C-2 zoning will be the most compatible with future land use as well as present land use on the By-pass, because once this is rezoned it will come under compliance with the Overlay District. Alderman Miller asked about water and sewer availability. Alett Little responded that there is a 24" water line along Treat Street and a 12" line along the By-pass. Sewer is not available and the developer is responsible for the sewer extension. The tie-in has not been fully discussed, just that the City is not going to provide it. If it is put in, the developer will have to bear the cost of it. It will have to be put in to be developed. Alderman Young noted that sexually oriented businesses are allowed in C-2. Alderman Zurcher asked Alderman Williams if one of the primary goals of the Overlay District was to encourage development out by the By-pass. Alderman Williams replied it was to encourage organized and compatible development throughout the city. This particular node was discussed at the Council level, which followed the Planning Commission's recommendation to keep a commercial node at this location. He agreed it was not to encourage development per se, but to encourage the development that does occur to be attractive. 188 June 17, 1996 ' Mayor Hanna called for the' vote: Upon roll call, the ordinance passed on a vote of.6to l,. with Alderman Zurcher voting no. .ORDINANCE 4039 IS FOUND ON PAGE :OF ORDINANCE -BOOK: ANNEXATION RZA97-7 & REZONING..RZ97-8 . Mayor Hanna introduced ordinances annexing and rezoning 39.95 acres located west of Salem Road, .north.. lof Mt....ComfortRoad, and north of Salem Village PUD as requested by Michele Harrington -on behalf of -Pacesetter Properties. -The annexation request is to annex 39.95 acres. The rezoning request is to rezone 39.95 acres from A-1, Agricultural, to R-1, Low Density Residential. These ordinances were left on the first reading at the June 3.Council meeting. tCi,ty Attorney Rose.read RZA97=7rfor the second time. s. t " City Attorney Rose‘ -read RZ97-8 for the second:time. r s' Michele„Harrington,*epresehting,Pacesetter Properties, stated this property is across from -the school on Salem: Her clients; - are intending to do a creative, unusual design compatible with Crystal:Springs:across the street in.both quality and type of housing, r= Ms. Harrington stated the City would gain;.,by allowing this to develop as an R-1, rather than something more burdensome. The street on the west side would, get further along_if the parcels to the south all come in and develop:relatively near in time. Alderman Trumbo moved to suspend the rulesand.-go to the third and final reading on the annexation;,..Alderman Williams seconded. Upon roll call, the motion„passed_on a vote of 7 to 0. City Attorney Rose read the ordinance confirming the annexation for the third time. Mayor Hanna asked for comments from the audience. There were none. There being no further comments, he called for the vote. Upon roll call, the ordinance passed on.a-vote_ of 7 to 0 ORDINANCE 4040 IS FOUND ON -PAGE 'OF ORDINANCE BOOK 189 June 17, 1996 Alderman Trumbo moved to suspend the rules and go to the third and final reading of the rezoning. Alderman Pettus seconded. Upon roll call, the motion passed on a vote of 6 to 1, with Alderman Zurcher voting no. City Attorney Rose read the ordinance for rezoning for the third time. Mayor Hanna asked for comments from the audience. There were none. He called for the vote. Upon roll call, the ordinance passed on a vote of 6 to 1, with Alderman Zurcher voting no. ORDINANCE 4041 IS FOUND ON PAGE OF ORDINANCE BOOK ALCOHOLIC BEVERAGES CODES Mayor Hanna introduced an ordinance repealing Chapter 111 of the Code of Fayetteville and adopting general and specific provisions, requirements for permits, fees, and hours of operation for the regulation of alcoholic beverages. This ordinance was tabled at the June 3 Council meeting. City Attorney Rose read the ordinance for the first time. Alderman Williams stated it does make sense to differentiate between the larger and smaller restaurants. He noted the City has a special permit just for micro -brewery restaurants, and they are already covered under the restaurant provision where they have to pay a $500 fee. He stated the City should not charge them twice. Alderman Williams moved to omit subsection (D) in its entirety, (1), (2), and (3), page 16. Alderman Miller seconded. Alderman Daniel asked what these fees go toward. Ben Mayes, Administrative Services Director, replied they go General Fund revenues and used for any lawful purposes. Alderman Williams stated these are not new fees and are less what most other cities in the state provide. Rose explained that the On -premises Consumption Hotel, Motel, or Restaurant Permit, page 13, section (E), is new and was added because of the vote taken for liquor by the drink. The statute allows up to 100% of what the State taxes. The City has chosen to be consistent with its other fees and only charge half of what the State would allow. into than 5 • • June 17, 1996 Alderman Pettus asked if the motion was toeliminate the whole of section (D) She was told it was.... Alderman Young asked if this was completely eliminated, would the, micro -brewery be back to running on ABC regulations. Rose responded that it would 'have to have, as with the -State now, under section (E) on page 14, an Oh -premises Consumption Hotel, Motel, or Restaurant Permit.. John Gilliam, Ozark Brewing company, .stated the operation would be the only thing he would like he was considered a restaurant with on -premises hours of to keep,.unless consumption. Alderman Williams stated he'.thought the hours of operation were the same for restaurants as for a micro -brewery. Alderman Zurcher asked why section (D) was .included. Rose explained it was to preventhaving something new happen in the City and then having to scramble to put in. a new law. This ordinance lists everything the City is able..to charge a -license fee for. , It clarifies the requirements for a'Citypermit to sell alcoholic beverages by wholesale. It makes it easier for everybody by changing the fee basis of the retail beer permits to eliminate the necessity for restaurants to have to estimate their future sales. Alderman Daniel suggested adding micro -brewery restaurants to q .section .(Elc, page. 13,;"1:- . 3:.< Rose responded that 'he would"'rather-not do that as virtually, everything in that section .comes from a specific statute and.it might muddle things,up.. Mayor Hanna called for .the vote. .?, E a. ;Upon roll -call, the amendment paesed,on a vote of 7 to 0. Alderman Williams moved to suspend the rules and go to the third 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. Alderman Daniel asked how the Town Center would fit in this. Rose replied probably under -a LargeAttendanceFacility Permit or occasionally under the Satellite Catering Permit. • 191 Mr. Gilliam, price is tax. liquor seems June 17, 1996 stated that now, for a mixed drink, 22.63°% of the This would add an additional 5%. A 27.63% tax on excessive. Rose stated the 5% is not new. Alderman Pettus asked why an emergency clause was needed. Rose responded that the emergency clause is there as these things are supposed to kick in as of July 1. Notices will need to be sent out. Mayes explained that part of the ordinance allows the use of last year's actual sales. The current ordinance requires an estimation of the next year's sales, which was unpopular. Using last year's figures will simplify it greatly. Alderman Miller 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 7 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 7 to 0. Upon roll call, the emergency clause passed on a vote of 7 to 0. ORDINANCE 4042 IS FOUND ON PAGE OF ORDINANCE BOOR ARKANSAS ATHLETES OUTREACH Mayor Hanna reported that AAO did not have the information requested by the Council at the agenda session, so they will bring it to the next Council meeting. NEW BUSINESS BID WAIVER Mayor Hanna introduced an ordinance waiving the requirements for competitive bidding and approving contracts to purchase computer software and hardware from New World Systems. City Attorney Rose read the ordinance for the first time. Rick Hoyt, Assistant Chief of Police --Administration, explained the need for this. The Police Department has to get new software because the company the current software was purchased from is no 7 192 June 17,;1996 longer in business. There is no support' or source code to.fix: any bugs or make changes: A.major_problem is that the software' is not 2000- compatible. :The hardware operating platform' sold technology. The City is on an AS/400 computer and that is what is wanted for the Police Department, to be compatible:. ,The new software will do what the old does and be more productive'and efficient. One thing will be to bar code the.evidence room to do a quick inventory. Another enhanbement:would-be photo imaging software. Mobile computing software would be another. purchase., This does not buy the laptop computers or what is called the backbone that allows the laptops in the cruisers to talk to headquarters. New World software was chosen because the City is already on this software and is happy with it. L Alderman.Zurcher asked if,it,would not have been possible to bid .-this. job out with.the-stipulat'i:bn:that whatever software is •chosen-willhave to'be compatible with'the other. Hoyt replied that may be possible but. there would be additional. questions;of:how well the`two companies would work together and how compatible the systems would actually be. He explained the lengthy negotiations overprice: , •4 Alderman Young moved to suspend the rules and go to the second reading. Alderman Zurcher seconded. Upon roll call,- the motion passed on a vote of 7 to 0. City Attorney Rose read the ordinance for the second time. Alderman Trumbo 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 7 to 0. City Attorney Rose read the ordinance for the third time. There being no further comments, Mayor Hanna called for•the vote. Uponrollcall, the ordinance.passed on a vote of.7 to 0. ORDINANCE 4043 IS FOUND ON PAGE OF ORDINANCE BOOK ADJOURNMENT Mayor Hanna adjourned the meeting at 8:10 p.m.