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HomeMy WebLinkAbout1997-07-01 Minutes193 A MEETING OF THE FAYETTEVILLE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, July 1, 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 Cyrus Young, Randy Zurcher, Trent Trumbo, Donna Pettus, Stephen Miller, Kit Williams, Len Schaper, and Heather Daniel; City Attorney Jerry Rose; Deputy City Clerk Jane Heth; staff; press; and audience. Mayor Hanna called the meeting to order with eight aldermen present. 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 17 regular City Council meeting. Alderman Williams moved the consent agenda. Alderman Zurcher seconded. Upon roll call, the motion passed on a vote of 8 to 0. OLD BUSINESS SALE OF INDUSTRIAL PARK PROPERTY Mayor Hanna introduced a.resolution to sell lots 0 and Q located in the Fayetteville South Industrial Park. Jim Crider, Chamber of Commerce, stated the Council had before them a copy of a letter from Burt Hanna, Hanna Potpourri, making an offer on the property. Mr. Hanna is offering $20,000 per acre on the commercial property and $16,000 per acre on the industrial property. Alderman Daniel asked if the sidewalk on 15th Street would be along the south side. Alett Little, Planning Director, stated Highland Dairy is on the adjacent property and has just made an improvement and put in sidewalks, so we are having sidewalks on both sides. Alderman Daniel asked if there will be a sidewalk around the 6.7 acres when it is developed. 1 194` July 1, 1997 Kevin Crosson, Public Works Director, responded there would be, according to the ordinance. Alderman Schaper observed that the Council has received the appraisal based on similar properties, which is important. considering the person. buying this is the Mayor's on. It is important to know this is a fair and reasonable price for this land. Ben Mayes, Administrative Services Director, reported these lots were bought in 1969 and have had quite a few improvements done over the years, streets and water and sewer services. Currently, on a book basis, we have a cost in them of approximately $12,100 per acre. That is an average cost on all the land we hold in the Industrial Park. Land acquired in more recent years was bought for $17,000-$18,000 an acre.. Alderman Zurcher stated his concern is to make it pedestrian accessible, so people don't have to get in their cars to feel safe getting across 15th Street. Crosson noted there is a signal already at that intersection and the City can look: into pedestrian improvements to that signal. Alderman Williams commented that commercial land will be more than just for the Industrial Park. That is Highway 16 also, so they will be looking at parking lots and everything else for vehicular traffic. Alderman Daniel asked if the Industrial Park had specifications ,as:far as setbacks, especially on the periphery and what borders 15th Street. Mr. Crider replied there are standards. - Little added if it is commercial property, it is commercial ';design 'standards; if it is industrial, it is not: * - i Alderman Trumbo moved to approve the resolution as presented. Alderman Pettus seconded. Mayor Hanna asked for further comments. There being none, he called for the vote. Upon roll call, the resolution passed on a vote of 8 to 0. RESOLUTION 61-97 AS RECORDED IN THE CITY CLERK'S OFFICE. 195 July 1, 1997 ARKANSAS ATHLETES OUTREACH Mayor Hanna introduced a resolution granting $10,000 a year for three years to Arkansas Athletes Outreach Inc. for an Americorps intern for the Champions of Character Program and for a budget adjustment. Brad Freiss, AAO, informed the Council that one intern position has been funded. In answer to previously asked questions, he stated the schools participating in this program will contribute financially to this project and there has been a pilot program in Warren, Arkansas. They started with three schools and now it will be implemented in every school in that district. In answer to another previously raised issue, he stated AAO, as a 501(c)3 organization, is not affiliated with any church or religious organization. He passed out copies of the articles of incorporation which states this. Alderman Daniel stated she had talked to a Fayetteville School Board member who said they had not voted any funding for this. This individual felt public funds should not be used for this. Mr. Freiss responded that his understanding from that meeting is that the schools that agree to take part in the program would appropriate the funds. Alderman Daniel stated she was not in favor of using public money for this as it could come from private sources. Alderman Pettus stated she has talked to the school superintendent and he said the principals have discretionary funds that can be used for this. Mr. Freiss agreed that those who participate would use those funds to contribute to the program. Mayor Hanna stated this would be a bold step for the City. He has been to a national meeting where this program was discussed. Governor Huckabee is a leader in putting character building in front of young people. The Mayor stated he saw character building as a community problem. This City has been active in furnishing gyms and upgrading parks. He felt this would be a wise expenditure. Alderman Pettus referred to Article IV of the Articles of Incorporation and asked if the fact that it is organized for several purposes plus religious purposes would cause any problems as far as separation of church and state. 3 1-96 July 1, 1997 City Attorney Rose stated he does not think so but has not had reason to look into this. Mr. Freiss confirmed this is a character. building program and not a religious program. The materials used were developed by two ' national organizations to be used in public schools. Alderman Schaper asked if there was any valid suit that could be brought against the City for appropriating this money. Rose replied he truly did not believe so. The Council has considered whether it is a proper public purpose or not. The trend across the country is that these kinds of things are appropriate for cities to be involved in. There is no Arkansas law specifically on the question at all. To his knowledge,_it has never been brought up or challenged. He stated he did not think the religious issue is relevant here. The City would not be giving the money for a religious purpose. The purpose is stated in the prospectus. He stated he feels comfortable with it legally and would be proud to defend the purposes as presented: Mayor Hanna asked for comments from the audience. There were none. Alderman Pettus asked if the Juvenile Concerns Committee had studied this. Alderman Miller replied it came to, that committee first. Alderman Trumbo moved to approve the resolution as presented. Alderman Miller seconded. Upon roll call, the resolution passed on a. vote of 7 to 1, with Alderman Daniel voting no. RESOLUTION 62-97 AS RECORDED IN THE CITY CLERK'S OFFICE. NEW BUSINESS REOUEST FOR SEWER SERVICE. Mayor Hanna introduced a resolution consideringa request for sewer service outside the city limits, a request from Mr. & Mrs. Parrish on Highway 16 East. ' Mrs. Parrish, 1208 Melly Wagnon, stated she called the City last January and spoke with several people in several departments. At that time, she was told there would be no problem. A close neighbor who is not in the city limits is hooked ori to this sewer line. There are two sewer lines on her property. They would not have located the house here had they not been told they could get all the services. Part of this property is in the city. limits. 19" July 1, 1997 Alderman Miller asked if she would bear the cost of this. Mrs. Parrish agreed and added she was first told to put the lines in then come in and pay for the tie up and the City would inspect the lines, do the tap, and she would cover them up. When she called to double check, she was told something different. Alderman Schaper asked why she did not want to annex the rest of her property into the city. Mrs. Parrish replied there are 17 -plus acres and if she takes out the area this house is on, she would have to pay for surveys and separate deeds. Alderman Miller moved the resolution. Alderman Pettus seconded. Alderman Schaper asked for the staff's position. Alett Little, Planning Director, responded that any misinformation did not come from Planning. Kevin Crosson, Public Works Director, stated the issue is that the Council, by the Code, approves sewer taps outside the city limits. The City encourages property owners to annex in the city. The misinformation must have come from part of the property being in the city limits. Mrs. Parrish stated she had informed them this part was not in the city. Alderman Pettus moved the question. There was some discussion as to procedure. Alderman Young asked if this is a new house. Mrs. Parrish replied the house was moved there after she'd talked to the City. The utilities determined where they put it. Mayor Hanna stated there was a call for question and asked for the vote. Upon roll call, the resolution passed on a vote of 7 to 1, with Alderman Schaper voting no. RESOLUTION 63-97 AS RECORDED IN THE CITY CLERK'S OFFICE. 5 198. July 1, 1997 CONTRACT AMENDMENT/FULTON SANITATION Mayor Hanna introduced a resolution approving amendment 1 to the contract with Fulton Sanitation Services, Inc.; for processing and marketing the City's recyclables. The environmental Concerns .Committee voted 9-3 to -recommend the amendment. Alderman Miller stated this stimulated.debate in the Environmental Concerns Committee not only about this increase but what the City will do in the future regarding recycling. He reported the vote for this among the aldermen on the Committee was3-1 and the citizens was 8-2. The market for recyclables is way down. Fulton has taken a big hit. Fayetteville is the only municipality Fulton handles glass for. The Committee decided it would cost the City far more to do this themselves. Even though this ista good chunk, it will not result in a solid waste rate increase and it is something the City cannot match at this time.. The. people who voted against this felt Fulton had the. City over a. barrel and feared anytime Fulton wanted to raise their rates, the City would be obligated to follow. Committee discussion revolved around what Fayetteville could do to control this, and it was agreed to look at other alternatives at future meetings. The majority agreed that at this time the City is not equipped to run its own facility. This will be looked at in the future through the CIP program, but for now we cannot get the service any other way at this cost. Alderman Zurcher asked Mr. Stevener, Fulton Sanitation, what USA Waste's position is on Hobbs Mountain at this time.. Dale Stevener, Fulton Sanitation, responded that to his knowledge there is no activity whatsoever on Hobbs Mountain. Alderman Zurcher stated his main opposition is that as a City who cares about its recycling we are sending recyclables with a company owned by USA Waste, with their record on Hobbs Mountain, to Rogers to be dealt with. The City should move toward taking those products and hopefully using economic development money to get some companies here who can use those raw products in their manufacturing, then we would not have to ship it all out. He asked Cheryl Zotti, of the City solid waste department, if the conveyor belt at the Fulton facility always moves that slow. Cheryl Zotti, Environmental Affairs Administrator, replied she believes it does. There is a staff of about ten people and many different materials to separate. We do not pay by the hour, but by the ton. 6 .. 199 July 1, 1997 Kevin Crosson, Public Works Director, stated this is a transition period. We will evaluate the main options we have to convert our recycling program to. Alderman Schaper asked Mr. Stevener at what point the picking line would be phased out. Mr. Stevener replied they are looking at 12 to 18 months. They will eventually eliminate the blue bag system because of the cost of processing. Alderman Schaper asked if the City has a contract with Fulton to do that for a while. Mr. Stevener replied it is a one-year contract with three or four one-year renewals. He stated blue bag programs are being discontinued throughout the country and are being replaced by curb -sort programs. Crosson stated the City has one of the most successful participation rates in the country because of that blue bag system and it is currently as inexpensive as possible. Alderman Zurcher believed the more we have to look at our trash the more we will reduce our waste stream. The blue bag program has taught people to make one separation. They are now ready to move on. The price quoted to go to that now was $12 per household. A goal to work toward is paying for trash like other utilities: the more you produce, the more you pay for. Mayor Hanna asked for comments from the audience. There were none. Alderman Trumbo stated it looked like there was a 12 -month window to come up with a way to fund the continuation of this program. Alderman Williams moved the resolution. Alderman Zurcher seconded. Upon roll call, the resolution passed on a vote of 8 to O. RESOLUTION 64-97 AS RECORDED IN THE CITY CLERK'S OFFICE. RAZE AND REMOVAL Mayor Hanna introduced a resolution approving the raze and removal of the structure at 226 N. School Avenue. Bert Rakes, Inspections Superintendent, stated Mike McKimmey, City Property Inspector, and he had met with Mr. Klinger on the site in an effort to determine what he had in mind and what stand 7 200 July 1, 1997 the City needed to take to enforce building codes. He stated Mr.. Klinger has taken out a demolition permit to clean up and remove some of the hazards and to stabilize the standing walls and has hired an architect to develop plans for a new structure that will be self-supporting and tie in the existing walls. .Rakes stated he'd asked for a letter giving the time line to be turned over to the Council and would ask the Council's consideration in postponing thecondemnation proceedings and waiting for progress on the making it safe, cleanup and reconstruction. Alderman Miller asked if Rakes felt Mr. Klinger has met the requirements. Rakes replied so far Mr. Klinger has done no more than get a permit and give a time frame and proposal. Alderman Schaper asked Mr. Klinger how long ago he'd bought this property from the City. Mr. Klinger replied it was in late 1993. Alderman Schaper asked Mr. Klinger why he bought this property. Mr. Klinger replied he'd thought it was a good opportunity for investment and could be beneficial to the city and something to be proud of. He stated a lot has happened sincehe purchased the property. Once it was purchased, he did enter into a contract with an architect and did do preliminary designs. Fire hazards were removed. What got in the way of progress was an opportunity to buy the old Washington County jail, a significant historic structure. Alderman Schaper stated this is across the street from the crown jewel of downtown, the Walton Arts Center, and it doesn't look very good. He asked how much was paid for this property. .Mr. Klinger replied about $21,000. Alderman Schaper thought a quarter acre in the heart of downtown for $21,000 was a good deal. The City did not get a good deal. The City thought it was going to be developed and not be an eyesore for four years. He asked what assurances could be made that Mr. Klinger was really going to do something with this property. Alderman Schaper stated he would favor buying this "back and selling it to someone who will develop it and do credit to the downtown. Mr. Klinger stated he would give any reasonable,assurances the Council would like to see. 201 July 1, 1997 Alderman Schaper stated Mr. Klinger should be posting a bond at this point. This has gone on much too long. Alderman Daniel asked if the clean up was voluntary. Mr. Klinger replied the original clean up was done as part of his effort to get the building ready for reconstruction and new construction. Alderman Zurcher agreed this had been left rundown, unsafe, and an eyesore for some time. However, he had a real appreciation for the shell that is still there. It is an old building with steel girders above the windows and is three -bricks thick in some places. The Juvenile Concerns Committee would love that site in partnership for the Dickson Street kids to hang out in. Alderman Pettus asked if the Council can require Mr. Klinger to post a bond. City Attorney Rose responded there is no provision in our ordinances to require such a thing. The City has given Mr. Klinger a very specific notice which has described his building as being dilapidated, unsafe, and detrimental to public welfare. The City has told Mr. Klinger that violations may be corrected in a specific form. Mr. Klinger has been given notice that he is to get a building permit and repair the structure or demolish the building and remove all the debris. The City is under a legal obligation to allow him to do that. If at any time the building inspector believes that has not been done, he is to bring it before the Council to continue with proceedings. Mr. Klinger can be held to the time line in his letter in terms of that being evidence of his good faith. If at any time the building inspector believes the building is truly dilapidated, unsafe, and detrimental to public welfare, he has an obligation to bring this back to the Council for further action. The Council is not requiring Mr. Klinger to develop this land. He may leave it in any shape he wishes so long as that shape is not unsafe, unsanitary, dilapidated, or detrimental to the public welfare. Alderman Schaper stated Mr. Klinger, in buying this land from the City, did make some representations about what he was going to do with it. Alderman Williams stated he was on the Council at that time and there were two reasons the Council sold Mr. Klinger that property. First, there were five bidders, so there was bidding. Second, they relied on what he told them he was going to do with that building, preserve the building and make it something to be proud of. Now, more than four years later, it is an ugly, dilapidated place. He stated he was willing to give Mr. Klinger 9 . os 202 July 1, 1997 a second chance, but he was not interested in razing and removing it. If Mr. Klinger does not follow through very quickly to put up a structure the community can be proud of, Alderman Williams would be in favor of condemning this land and, if nothing else, turning it into a parking lot. Alderman Daniel asked if the City has not had to intercede some since Mr. Klinger bought the property. Rakes reviewed action taken since February, 1995. Alderman Young asked what action needed to be taken by the Council. Rose replied the recommendation from the building inspector was to table this. Alderman Young moved shown no progress on made by Tim Klinger. the motion passed on BUILDING CODES to table this until such time as there is the time line or to completion of promises Alderman Zurcher seconded. Upon roll call, a vote of 8 to 0. Mayor Hanna introduced an ordinance for the City to adopt State adopted Building, Fire Prevention, Electrical, Mechanical, and Plumbing Codes with amendments. City Attorney Rose read the ordinance for the first time. Rose informed the Council that Inspections Rakes, the inspection staff, and Assistant McCarty have worked for years on this. It accomplishment. Superintendent Bert City Attorney LaGayle is a tremendous Alderman Zurcher asked if all the permits issued up until now are illegal or is this just a rewording. Rose explained this is an adoption of new codes promulgated by the Arkansas legislature. It is an update of our present codes. It in no way makes our present permitting system illegal. In addition, this has been personalized to Fayetteville. It is not a rubber stamp State code. Alderman Pettus asked if the Council can amend the State code. Rose replied the Council may do that. State codes are not State laws. They are State codes that may be adopted and are allowed. to be personalized or made unique to our community. 10 203 July 1, 1997 Bert Rakes, Inspections Superintendent, added the State codes may be amended if the amendment is more stringent. Alderman Young asked if fire zones were still needed. Rakes responded that the need for fire districts is not great. There is some misconception about what can be done in a fire zone. It is really not that restrictive when compared to the whole building code. It does not allow you to build a type six building, normal residential wood frame structure. So there is some fire safety involved in this. The fire district is still the same as it was and is only in this ordinance because they tried to get it to come in with the planned UDO ordinance and it had to be renumbered. Mickey Jackson, Fire Chief, stated fire zones are still needed in the city. It keeps out things like gasoline and propane storage plants There was discussion about pull chains in the electrical code. Rakes explained fixtures with pull chains are not legal in closets or attics. A switch that can be readily found is required. It is a safety matter. Alderman Zurcher asked if adoption of the Southern Standard Housing Code would go in with this. Rakes replied the City is basically doing some housekeeping, cleaning up what has already been adopted. Adopting other codes would be separate as it would address personnel and other issues not dealt with here. The mechanical code is now a separate code, so there will be some additional responsibilities with it. Alderman Trumbo 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. Rakes explained the reason for passing this promptly. The Insurance Service Office is grading the inspection divisions on effective code enforcement. Those who receive a good grade will get some kind of a discount on insurance premiums. Commercial buildings with good code enforcement can receive up to a 17% discount. Residential buildings can receive up to 12%. The larger discounts will be in the high -hazard areas, hurricane areas, etc. Arkansas will not be in the high-risk area but may be in the range of 5% or less, and it may only apply to buildings built after the grading comes out. They will be coming to inspect Fayetteville soon. They asked to come a month or so ago but were asked to postpone. They will be here July 29. The 11 294 July 1, 1997 local.architectural chapter, the professional engineering chapter, the contractors committee at the Chamber of Commerce, the NWA Homebuilder's Associationhave been consulted and the ,word has been put out to others. • Mayor Hanna asked for comments from the audience. There were none. This was left on its second reading. FIRST NIGHT FAYETTEVILLE Tobi Kaufman, First Night Fayetteville, .explained the history of First Night, a community New Year's Eve celebration, and introduced a five minute video. She stated the resolutionasked for the Council's support and cooperation. She informed the Council that Mayor Hanna has agreed to be the honorary chair and Atd'work with community leaders in getting this -off the ground. This would be for 1998. This does not include alcohol and does not accept funding from organizations or corporations that sell alcohol, but this does not affect hotels and restaurants. City Attorney Rose read the resolution. .,. "'Alderman Miller. moved the resolution. Alderman Daniel seconded. Upon roll call, the resolution passed .on a vote of -,8 to.0. RESOLUTION 65-97 AS RECORDED IN THE CITY CLERK'S OFFICE, FARMER'S MARKET An ordinance amending Section 114.03 (C) of the Code of. Fayetteville to permit locally produced cheeses to be sold at the Farmer's Market. City Attorney Rose read the ordinance for the first time. Alderman Daniel stated this will be a contribution and the Farmer's Market will be enriched. Ways-to.expand need to be found and the City can help with that. Alderman Zurcher pointed out this amendment only includeslocally produced cheeses, which means the people involved are actually raising the goats. Another fine point is the involvement of the State Department of Health. Anything sold at the Market must" conform to the State Department of.Health rules and be. regulated by the FDA. Mayor Hanna opened the discussion to the public. 12 July 1, Donna Doel, Doeling Dairy, stated six and a half miles out of town. dairy was started four years ago. long process. She has trained in promote rural and urban connections as far as food production goes. She wants to do this on a small scale. She intends to market as directly as possible to the consumer. She had to reach a certain scale of production in order to get equipment that meets Federal standards. This scale does not lend itself to a wholesale market. She sells to restaurants in Fayetteville and Little Rock and to a few retail stores, all at wholesale prices. She stated business -wise she needs to sell directly to consumers, as she does at the Little Rock farmer's market. 1997 she is a local farmer located She rents the property. This Licensing the facility was a cheese making and has worked to 205 Alderman Pettus asked about the processing, whether or not there were additives. Ms. Doel replied the law states if your cheese is aged less than 60 days, you must pasteurize and identify every batch. There is also an FDA inspection. Al Kennett, partner in Doeling Dairy, stated the goats do not have any type of production enhancing chemicals or any type of production enhancing hormones. The thing added to the cheese is culture, an enzyme that creates the curd. Salt or herbs may also be added, nothing else. Mr. Kennet stated that in discussions with the Farmer's Market board members, they expressed a concern that if cheese is allowed then all sorts of other products will have to be allowed. He stated they have the ability to discern what they don't want and to allow what passes muster. Another concern of the board is that the introduction of this cheese would upset local stores and merchants. He read and passed out a letter from Ozark Natural Foods, a Dickson Street store, endorsing this product and the selling of it at the Market. Wilbur Watson, the first member to join the Farmer's Market in 1973, gave a history of the market and its management and read from several newspaper articles supporting the Market. He stated one of the big reasons for the Market's success is the cooperation of the Council and the downtown merchants. The nine member board of directors knows more about running the Market than the Council. He urged the Council to let the board of directors continue to operate the Farmer's Market and asked the Council not to approve this resolution. Herman Jones, President he took over the job as February. He stated Ms Rural Mountain Producers Exchange, stated president of the Farmer's Market in . Doel was told, upon her application to 13 206 July 1, 1997 sell cheese at the Farmer's Market, that selling cheese was not in the ordinance. She asked to come before the Market's board.. and was told there that the ordinance would Nave to be changed and the board did not approve of it. Mr. Jones referred to a letter previously given to the Council and informed the Council that this Market is known nationally as the best organized, best run, cleanest, and having the best vegetables. He explained the make up of the Market. There are. 40 spots on the square with close to 70 people using those spots. He stated it is hard to work those people in. He stated this would raise insurance liabilities and other people have asked about selling baked goods and other items since the cheese thing has come up. He asked the Council,on behalf of the board of directors of the Rural Mountain Producers Exchange, which operates the Farmer's Market, to deny this. Alderman Schaper stated Mr. Jones made a lot of references in his letter to processed products. Alderman Schaper noted honey, molasses, and apple cider are included in the ordinance. Mr. Jones responded that he has stopped producing molasses as it was a liability. Ir Alderman Schaper stated the essence of the Market is the local _aspect. He asked if there are other products that are farm -based and local in nature yet not covered under the ordinance, why not change the ordinance to include them, as long as we don't introduce wording that would allow commercial products to come "in.# The more breadth of products, the more people will be attracted to the Market. Perhaps it could be bigger. Mr. Jones explained the vendors do not want to leave the center of the square. Also, vendors who can sell a'product throughout the market season will have enough points to push fruit and vegetable people out and it will end up with a bunch of processed food. Sara Pollard, manager of the Farmer's Market, stated the market membership is about 80% produce growers, 15% plants, and about 5% crafts, which maintains produce as the main basis. Produce always has top priority; early spring and late fall are filled in with the craft and plant people, when produce is not on the market. There are 30 people on the craft waiting list, 10 people on the plant waiting list, and 7 produce growers on the waiting list. The market has gained permission to use the area in front of Boatman's Bank one Saturday a month, but nobody wants to set up there. She stated it is becoming difficult to work everyone in. 14 207 July 1, 1997 Ms. Pollard stated this is not a craft fair nor flea market. Over 25 years, the Farmer's Market has become a renowned tourist attraction for the city. The organization is what has kept the quality up. Alderman Zurcher stated one thing this is about is local farmers making local products and being able to sell them. Something else this is about is what the Council is for. State law says, "The City Council shall erect, establish, and regulate markets and marketplaces for the sale of vegetables and other articles necessary for the sustenance, convenience and comfort of the city and the inhabitants thereof." He stated the majority of his constituents want goat cheese on the Square. If the issue is creating a slippery slope, perhaps a different entity should be found for things not entirely produced by farmers and in a different place. He stated he did not feel goat cheese would fall into that, however, as it is a locally produced product by a farmer in the area. The issues may need to be separated. Alderman Williams pointed out goat cheese is the issue to be focused on now. He stated some deference is owed to the people who have managed the Market for so many years and made it the excellent organization it is. This is a narrowly tailored thing being proposed, and it is not proposing opening the floodgates. He would be opposed to considering anything else now other than the goat cheese. Ms. Pollard stated a primary concern regarding the goat cheese is maintaining it at 45 degrees on hot days. The board's concern is product liability. Alderman Daniel noted that some vendors sell eggs, which raises a concern for salmonella. She stated people have good sense about this. Ms. Pollard stated they'd been informed that the Market would be sued at the same time as the dairy, first in the line. Alderman Miller stated he did not understand the concern for commercial things coming in. By the Market's charter, unless the product is 100% locally produced, it cannot be brought to the market. This product is completely locally produced. He wondered why it was not being embraced. Ms. Pollard raised questions concerning the waiting list, internal rules and regulations, and use of non -locally grown herbs and olive oil. Alderman Miller responded that the Council would not control the operation, they are dust changing an ordinance, perhaps. 15 208 July 1, 1997 Alderman Daniel stated the board has done an outstanding job so far and will find a solution to this. Mayor Hanna stated there were all sorts ofsuppositions possible. The Market has done an excellent job of running their own business. Jeremy Tenhaken, 12 E. South Street, stated the Farmer's Market has worked for 25 years. He appreciated the Council's enthusiasm, but the discussion has been contrary to the Council's stated desire to not manage the Market. .The Council was elected to oversee the City. He pointed out that the Market got where it is with minimal interference from the City. Its board of directors is democratically elected from its members. There is a sophisticated point system to keep the manager from playing favorites. In the past, people with jams and baked goods have been told no. No one has ever goneto an alderman to write an ordinance to help crowbar their way. in. He used the Square Gardens as an illustration of past interference by the City that did not work out. Though the ordinance uses the word "allow", the manager and board are against it. If the Council passes this ordinance, they are working against the Farmer's Market, not with them. Others who come before the Market manager wanting a spot will know the final decision rests with the Council. Susan Williams, graduate teaching assistant at the University of Arkansas, stated that when she was new in town, the Farmer's Market was a place to meet really wonderful, kind spirited, generous, community -driven people. She is concerned that -is being undercut by a debate that doesn't make a lot of sense. She shared the concern that people turned down by the Farmer's Market will go to the Council.. Yet when someone like Donna Doel, who has worked hard to become a productive member of this community, has her dairyproduct excluded from the Farmer's Market when crafts people are allowed space, something is radically wrong. The original spirit of the Market was to. encourage local farmers to seek a city -based venue for their products. If that is the case, Donna Doel is correct to come before the Council. Frank Parigi, graduate student, stated his impression of the discussion is that the Farmer's Market operates on favoritism and ,.' 3fear. He stated baked goods were sold at the Farmer's Market in late May that did not appear to be processed and grown in Fayetteville. He wondered why some wereallowed to break these rules, while others who have put years of effort into their product are turned away and treated as an outsider. He stated this ordinance is being amended for one specific, locally grown 1pi-odu_ct,and he did not see how anyone else could come in without City approval. 16 200 July 1, 1997 Teresa Maurer, citizen, stated the Council and Market had a national source of information to help resolve this issue. She stated she would like to spend more money at the Market and one way to do this is to have more value-added products such as what is proposed. Unless value-added enterprises are permitted, there will not be farmers because you need farmers retaining more of the dollar they make and more able to make a livelihood. To preserve the Market, it needs to be made possible for other kinds of things to be happening on the farm and marketed. Fayetteville values the rural -urban interface and this is one thing to make that possible. Gianpaolo Danti, farmer, explained farmers have a craft as a complement to their crops, to sell when produce is not available. It cannot be treated as a commercial enterprise. Cheese would give restaurant merchants around the square reasons to complain. If a concession is given to cheese, the merchants will take a concession from the Market. He asked if the Council was going to be responsible to the merchants. The Market wants to be very selective, very simple. Carolyn Ames, apple seller at the Farmer's Market, stated the Market management has been incredible and the real problem is space. Markets all over sell processed food and have worked it out. The space must have high visibility and she suggested the Council find a place for the Market to expand to. She felt distinctions could be made between what is actually a farm - produced product and what isn't. The rules cannot be more inclusive until the space issue is resolved. Alderman Williams suggested there road if citizens vote in favor of supposed to be plaza running from the Town Center, which would be a stalls. might be a solution down the the Town Center. There is the south side of the Square to great place to line with Alderman Zurcher reiterated statements by Alderman Williams and the Mayor against micro -management of the Farmer's Market board by the City. However, this is an issue of fairness. As an elected official he sees something controlled by the City, by State law, being unfair to a local producer and farmer. The Market would have to trust that the Council is not going to change the whole thing around and let everything in. Miles James, chef and owner of local restaurant, stated he has been able to gain national recognition for his restaurant by using local products. He felt this cheese should be sold at the market, which he uses for his menus. 17 210 July 1, 1997 Rex Dufour, audience member; stated thatinthe past 20 years family farms have dwindled as has the income from them. It is good for full-time and part-time farmers .to sell their produce locally. The health issues apply to all produce. Regarding crafts', you could argue that the cotton for the cloth is not grown locally, but that is not the issue. The Market board needs to ask what the customer wants, not just what the members of the Market want. Mayor Hanna asked for further comments from the public. There were none. Alderman Daniel stated she has received more calls, comments, and letters on this issue than anything in months and most are in favor of being able to purchase goat cheese at the Market. Alderman Zurcher moved to suspend the rules and go to the'second reading. Alderman Daniel .seconded. Upon roll call, the motion passed on a vote of 7 to 1, with Alderman Williams voting no. City Attorney Rose read the ordinance for the second time. Alderman Zurcher moved to suspend the rules and go to the third. Alderman Miller seconded. Upon roll call, the motion passed on a vote of 6 to 2, with Aldermen Williams and Schaper voting no. City Attorney Rose read the ordinance for the third time. Alderman Williams stated this is a very controversial issue and to pass it on the first night it is read is a mistake. Alderman Daniel moved to table this issue to the next Council meeting. Alderman Zurcher seconded. Upon roll call, the motion passedon a vote -of 7 to 1, with Alderman Miller voting no. ANNEXATION Mayor Hanna introduced consideration of an ordinance submitting to the voters of the City of Fayetteville, Arkansas, and other affected persons, the questions of annexation to said city of. 1,431.61 acres, more or less, of contiguous territory. City Attorney Rose read the ordinance for the first time. Ted Jones, Double Springs Road, stated he lives in this area and has been working for annexation for some time. He wants to get the traffic under control between 2:00 p.m. and 7:00 p.m. on Double Springs Road. The builders out there have been skating around the codes. Fayetteville averages growth of about 9,000 people. every ten years. Revenue for schools, streets, sidewalks, 18 211 July 1, 1997 parks, police, and fire does not come from residential taxes but from industry, commerce, and growth. Bedroom communities cannot offer these services. This is the best land for building residential, middle income housing in Fayetteville. These houses can help pay for the new treatment plant. The new sewer plant should be placed at another site, if it must be built on the west side, tucked away between two mountains where not much else could be built. There are only three sensible options: wait for the legislature to reconvene and change the law, ask Farmington for site two or three, or add on to the existing 500 acres we have and build more pump stations. Most people would not object to the new plant if the effluent was pumped over the mountain. The timing is right. Mayor Hanna asked for further comments from the audience. There were none. There being no comments from the Council, it was left on the first reading. ADJOURNMENT Mayor Hanna adjourned the meeting at 10:33. 19