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HomeMy WebLinkAbout1999-04-06 MinutesMINUTES OF A MEETING ' OF THE FAYETTEVILLE CITY COUNCIL APRIL 6, 1999 A meeting of the Fayetteville City Council was held on April 6, 1999 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. ITEMS CONSIDERED ACTION TAKEN Block Grant Agreement for Community Development, Approved. Res. 46799 ,. Bid 99-34 Approved Res. 47-99 Washington School Gym Approved Res. 48-99 Bid 99-36 Approved Res. 49-99 West Fork Master Meter Vault Approved Res. 50'99 Sycamore and Leverett utility relocation Approved Res. 51-99 Wilson Park Swimming Pool 0 Approved • Res. 52-99 VA 99-2 j Passed Ord. 4151 RZ 99-3 Passed Ord. 4152 RZ 99-4 Passed Ord. 4153 RZ 99-5 Passed Ord. 4154 Bakery Feeds Motion to pursue injunction ' Historic District Commission Tabled on the first reading Library Expansion Information item/no action Warrant Service Fees Passed Ord. 4155 Additional Police Staff Approved Res. 53-99 Land Possession-Rupple Road Left on first reading Chief Executive Officer Left on first reading U of A Fireworks Passed Ord. 4156 Republic Parking Approved Res. 54-99 MEMBERS PRESENT Mayor Hanna Aldermen: Robert Reynolds Ron Austin Bob Davis Trent Trumbo Heather Daniel Kevin Santos Cyrus Young Kyle Russell City Attorney Jerry Rose ' City Clerk Heather Woodruff Staff, Press, and Audience 461 -I 4 98� MINUTES OF A MEETING OF THE ' FAYETTEV[LLE CITY COUNCIL A meeting of the Fayetteville City Council was held on April 6, 1999 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Present: Mayor Fred Hanna; Aldermen Reynolds, Austin, Davis, Trumbo, Daniel, Santos, Young and Russell; City Attorney Jerry Rose; City Clerk Heather Woodruff; Administrative Services Director Kevin Crosson; Public Works Director Charles Venable; and City Planner Alett Little; Staff, Press and Audience. NOMINATING COMMITTEE REPORT Alderman Daniel moved to appoint: Y2K Ad Hoc Committee Members: Heather Woodruff, Reba Patton, Major Jack Owens, Lana Clark, Bob and Donna Treat, Gordon Rowell, Ann Murphy, Michael Crow, Greg Thoma, Kate Conway, Kyle Russell, Katona Bayles, Michael Andrews, Mike Hocklander, Don Taylor, Lin Oliver, and Paula Ellington Juvenile Concerns: Mieka Hatcher.and reappointment Hamsa Newmark Library Board: Reappointment Steven Singleton Planning Commission: Don Marr; Reappointments Loren Shackleford and Bob Estes , Board of Adjustments: Michael Green Civil Service Commission: Denny Tune Environmental Concerns: Roxanna Willis Historic District: David Lewis Alderman Trumbo seconded the motion. Upon roll call the motion carried unanimously. CONSENT AGENDA BLOCK GRANT A resolution approving the 1999 Community Development Block Grant agreement and funding approval. RESOLUTION 46-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. BID 99-34 A resolution awarding Bid 99-34 to Barton County Implement and Williams Ford Tractor for balers and mowing equipment for use at the Fayetteville Sludge Management Site. IZESOLU77ON 47-99 AS RECORDED IN 7HE OFFICE OF 7HE CI7Y CLERK. I 7s. 48.: City Council April 6, 1999 Page 3 WASHINGTON SCHOOL GYM A resolution approving a budget adjustment to fund the Washington Elementary School Gym joint project with the Fayetteville Public Schools in 1999. .RESOLUTION 48-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. BID 99-36 A resolution awarding Bid 99-36 to Heckathorn Construction Company in the amount of $32,187.00 plus a project contingency of $1,600 and a budget adjustment for_ Wilson Park Castle Renovations Phase 3. RESOLUTION 49-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. WEST FORK MASTER METER VAULT A resolution approving the contract for West Fork Master Meter Vault Reconstruction with Basic Construction Company, in the amount of $37,808.00 plus a contingency of $43,480.00. RESOLUTION 50-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. :. . t SYCAMORE AND LEVERETT A resolution approving the relocation contract in the amount of $20,500 with a contingency of $5,000 with Arkansas Western Gas to relocate approximately 300 linear feet of 6 -inch high pressure gas line south of Sycamore and west of Leverett to allow the construction of the proposed improvements at the intersection of Sycamore and Leverett. RESOLUTION 51-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. WILSON PARK SWIMMING POOL A resolution approving a budget adjustment and settlement offer with Wilks Construction Company for painting the Wilson Park swimming pool. RESOL UTION 52-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. Alderman Daniel moved to approve the consent agenda. Alderman Austin seconded the motion. Upon roll call the motion carried unanimously. PRESENTATION Ms. Marilyn Johnson, Chamber of Commerce, presented a front bumper plate with "Fayetteville" 48`i City Council April 6, 1999 ' Page 4 and a graphic of the old Fayetteville courthouse to all the aldermen from the Chamber of Commerce. OLD BUSINESS VA 99-2 Mayor Hanna introduced an ordinance approving vacation request VA 99-2, to vacate a 20 foot alley to the east of property located at 820 South College Avenue as submitted by Gary Kahanak and John Firmin of Build A Home. This item had been tabled on the first reading at the March 23, 1999 meeting. Alderman Trumbo moved to suspend the rules. Alderman Austin seconded the motion. Upon roll call, the motion carried unanimously. City Attorney Rose read the ordinance. Alderman Trumbo stated the property had been overgrown and was run down. He stated this ' development would only enhance the existing and surrounding property. He noted the applicant was planning to construct affordable housing for the elderly on the site. Alderman Reynolds stated he would like to see the city abandon the whole block. Mayor Hanna explained the property owners would have to make the vacation request. Alderman Young stated the people living there were not currently using the alley. He was concerned that they should maintain access to the alley. He thought the alley could be reopened if a different owner wanted to use the alley. He stated the property would still be considered a utility easement and could not be built over. Ms. Little explained part of the alley would be reserved as a utility easement and there were also setbacks. Alderman Daniel noted some of the city's new developments had alleys. She was not in favor of vacating the alley because they were handy for access. She thought it might be useful sometime in the future. Alderman Trumbo replied this part of town had not had that kind of investment in years and the , city needed to give the developers some incentive to invest in that area. v *� City Council April 6, 1999 Page 5 Alderman Austin moved to suspend the rules and go to the third and final reading. Alderman Reynolds seconded the motion. Upon roll call, the motion carried 7-1-0, Daniel voting nay. City Attorney Rose read the ordinance for the third and final time. Mayor Hanna called for the vote. Upon roll call, the ordinance passed by a vote of 7-1-0, Daniel voting nay. ORDINANCE 4151 AS RECORDED IN THE OFFICE OF THE CITY CLERK. t f RZ 99-3, RZ 99-4, AND RZ 99-5 a Mayor Hanna introduced three ordinances rezoning property located off Wedington Drive and Rupple Road. All three ordinances had been left on the second reading at the March 23, 1999 meeting. a . ' RZ 99-3 An ordinance approving rezoning request RZ 99-3, submitted by Dave Jorgensen of Jorgensen and Associates on behalf of WHM Land Investments, Inc. for property located at Wedington t Drive and Rupple Road. The request is to rezone the 2.37 acre property from A-1, Agricultural to C-1, Neighborhood Commercial. RZ 99-4 An ordinance approving rezoning request RZ 99-4 for property located at Wedington Drive and Rupple Road. The request is to rezone 4.09 acres from A-1, Agricultural to C-1, Neighborhood Commercial. RZ 99-5 An ordinance approving rezoning request RZ 99-5 for property located at Wedington Drive and Rupple Road. The request is to rezone 21.91 aces from A-1, Agricultural to R-2, Medium Density Residential. Alderman Young moved to suspend the rules and go to the third and final reading. Alderman Davis seconded the motion. Upon roll call, the motion carried unanimously. City Attorney Rose read the ordinance for the third aid final time. ' Mr. Vernon McBride, adjacent property owner; requested the boundaries of the property to be defined. Mr. Jorgensen showed Mr. McBride the proposed request. A n r t 48C City Council April 6, 1999 ' Page 6 Alderman Daniel thought the area could use more neighborhood commercial in the area because of all the new development in the area. Mayor Hanna called for the vote of RZ 99-3. Upon roll call, the ordinance passed unanimously. ORDINANCE 4152 AS RECORDED IN THE OFFICE OF THE CITY CLERK. Mayor Hanna called for the vote on RZ 99-4. Upon roll call, the ordinance passed unanimously. ORDINANCE 4153 AS RECORDED IN THE OFFICE OF THE CITY CLERK. Mayor Hanna called for the vote on RZ 99-5. Upon roll call, the ordinance passed unanimously. ORDINANCE 4154 AS RECORDED IN THE OFFICE OF THE CITY CLERK I BAKERY FEEDS Mayor Hanna introduced discussion of legal alternatives for Bakery Feeds. Attorney Rose stated he had presented his report to them at Agenda Session last week as well as the progress of the negotiations with Bakery Feeds for a possible settlement of this matter. He had received two documents since that presentation which he was distributing tonight. The first document was a laboratory report. Bakery Feeds had hired an independent laboratory to analyze various processes at their plant for aflatoxin. The report indicated that there were no apparent aflatoxins present. In addition, he had received from the Arkansas Department of Health a letter dated April 5, 1999, which said they were currently gathering information regarding Bakery Feeds and would be able to make statements in the next few weeks. He stated what he needed to know from the council was how they wanted him to proceed. Mr. John Everett, Bakery Feed's attorney, stated it was his desire to settle the dispute. He questioned if the city was truly trying to settle. He also suggested that Bakery Feeds did fit into Use Unit 22. It was a right in their zone. Some people thought it was a legal use for where they were currently located. He had also discovered the city did not own all the land in the Industrial , Park. There was the possibility for them to purchase land from others in the Industrial Park. 487 City Council April 6, 1999 Page 7 In response to questions from Aldermen, Mr. Rose explained the Planning Commission had felt they were a Use Unit 23, which was food and allied products. If the council wished to make their own decision on what use unit this business belonged in, it was within their rights. In response to questions from Alderman Santos, Mr. Rose and Ms. Little stated a rendering plant would be considered a Use Unit 23 and would require a conditional use permit. It would also require I-2 zoning. In response to questions from Aldermen; Mr. Rose stated the Health Department would have a report for them to consider, if they wished to delay their decisions. He needed some indication on how the council wanted him to proceed. Alderman Santos thought they should identify which unit they belonged in. Alderman Russell stated his main concern was whether or not they were in the proper zone and if they applied for the proper permits. ' Ms. Little explained if they were an odor -producing facility, they would need a conditional use permii which could only be applied for if they were in an I-2 zoning district. There was a point in time where the ordinance had been passed. Those businesses which had been in existence prior to the ordinance would be considered grandfathered in. In response to questions from Alderman Russell, Ms. Little stated the current facility would have been grandfathered in if they had been in the correct zoning district and had the right permits. The expansion of the operation would be subject to the new ordinance. Alderman Reynolds thought that,the facility belonged under Use Unit 23. He knew that they had rendered in the plant. This had been illegal. He was ready to challenge them in court. Mayor Hanna stated the council had decided to do that. He asked if there was a motion to continue with negotiations; if not, the decision had been made.' ` � s Alderman Trumbo reminded them that this was a legislative body and not a judicial body. He did not believe they were the proper authority to make a decision.. ` ; Alderman Russell stated they had to consider their chances of -winning a lawsuit. If they felt they could win the lawsuit then they did not owe them any help in moving' to the Industrial Park. ' Alderman Austin asked if Bakery Feeds had indicated that they could clean up the existing e conditions. 488 City Council April 6, 1999 ' Page 8 Mr. Rose discussed the remedies that Bakery Feeds had proposed, with which the neighbors had not agreed during the negotiations. Mr. Everett stated the city and Bakery Feeds had started the negotiations in good faith. Alderman Young asked if Bakery Feeds, while in the process of negotiations, was willing to upgrade their technology in the smoke stack if the problem was not solved. Mr. Rose replied they had been willing to put in a wet scrubber. They had stated the catalytic scrubbers were too expensive. They had been willing to do the 100 -foot tower and the wet scrubber, but they were not willing to put in a catalytic scrubber. He added this was the kind of detail that they could work out. He stated if the council was opposed to them being located in the South Industrial Park then there was no sense in him going forward with negotiations. Alderman Davis asked if the city had contacted other cities where Bakery Feeds had constructed towers. Mr. Rose stated they had not, but they had been provided a letter from one of the towns which , stated they had not had any complaints since the tower had been constructed. Alderman Trumbo stated the Planning Commission had denied their request for a conditional use based on their interpretations. He thought the courts needed to decide if they were operating in the correct zone. Alderman Austin moved to cease negotiations with Bakery Feeds for a move to the Industrial Park. Alderman Santos seconded the motion. Upon roll call, the motion carried by a vote of 7-1-0, Trumbo voting nay. Mayor Hanna stated they needed to clarify if they wanted Mr. Rose to continue negotiating or to continue with the lawsuit. Alderman Russell moved to instruct Mr. Rose to proceed with the lawsuit, but not to preclude further negotiations. Alderman Reynolds seconded the motion. Mayor Hanna stated he was going to say one thing before they voted. If Mr. Rose filed the lawsuit and there were no further negotiations and the city loses the lawsuit, Bakery Feeds could continue to operate where they were from now on without constructing the 100 -foot stack or I anything else. „ City 6 b%it April 6, 1999 'y Page 9 Alderman Russell stated if there were any residents who did not want the city to proceed with the lawsuit and wanted them to continue with the negotiations then they needed suggested they add a membership to let them know. Ms. Terry Eastin, an area resident, thanked the council for hearing their concerns. She stated there were other avenues of relief, if the city lost their injunction based on zoning. The residents believed this company had acted in bad faith since they had opened their doors. They asked the council to go ahead and file the lawsuit. Ms. Charlotte Sheldon, an area resident, 'stated she was upset about moving the plant to the south side of town. She was in favor of continuing with the lawsuit and to stop negotiations. She stated this company needed to be run out of town: Mr. Lyle Dawn, an area resident, stated he was pleased the way they had voted. He expressed concern about all the land not being owned by the city in the Industrial Park. Upon roll call, the motion carried unanimously. I MO TION MADETOPURSUEANINJUNCTION NEW BUSINESS HISTORIC DISTRICT COMMISSION An ordinance approving the amendment of Ordinance 3836 to provide for two additional members to the Historic District Commission for a total of nine members. Mayor Hanna stated the chairman of the commission, Orland Maxfield, had requested two additional persons. Alderman Davis thought this would allow more people to be involved. Alderman Daniel noted the attendance at the last Historic District Commission meeting. She expressed concern that there had not been a quorum present. Alderman Trumbo moved to table the item. Alderman Daniel seconded the motion. There was no one present from the Historic District Commission to discuss the item. ' Alderman Santos suggested they add a membership requirement to maintain their membership 489 City Council April 6, 1999 , Page 10 on the committee. Mayor Hanna noted on the Planning Commission there was an attendance policy. If you missed more than three consecutive meetings, you could be replaced. Mr. Rose stated there was no general law. Each committee's ordinances were different. He thought the city could pass their own ordinance requiring attendance. Mayor Hanna thought they would send it to the Ordinance Review Committee to address mandatory attendance of board and commission members. Upon roll call, the motion to table the item carried unanimously, LIBRARY EXPANSION Mayor Hanna introduced a presentation and discussion of the site for the new Fayetteville Public ' Library expansion. Mr. Morrie Roberts, Library Board, stated the board had conducted nineteen meetings with the public in which they had listened to the citizens' wishes and concerns. The proposed cost of the library would be $22,220,292.00. He read the resolutions which the Library Board had passed. The first was to select the land north of City Hospital for the new central library. They recommended to the city that the existing Library be maintained. Their decision had been a community decision. The next step would be the formal commitment of land which had been offered to them by Washington Regional Medical Center. Then the building would be brought before the electorate. The library board would need to work with the council to find the best way to hold a referendum. Mayor Hanna asked if they had considered using the old County Court House as a new library and to put a parking deck behind it. Mr. Steve Singleton, Library Board, stated he had been asked by the board to explore the properties in town. He had consulted with the county administrator and had determined that it was not a suitable site for a library, because the building was divided into many small rooms which would make effective library service impossible. There were other sites considered, some on Dickson Street, and others. From the land available the hospital site and the existing library site were the only two viable options. ' Mayor Hanna asked if they were making a mistake by locating the library in the downtown area rather than going north, where there was more population. •'4 1 �.e 4 91 City�eo i cil April 6, 1999 . Page 11 Ms. Louise Schaper, Library Director, replied they had made a commitment to the downtown area to stay in that area. Their problem was how to get a central location that was affordable. There was a large amount of traffic that came to the library which had a positive impact on the area. When a library located in an area, it had a blossoming effect. It was important to build a strong central library before they considered branch libraries. Branches required a fair amount of duplication of core services and core collections. They could drain away from a central library. The Youth Center was proceeding with their plans and they would probably be allowed to have a branch library within the new Youth Center Alderman Davis thought they needed a new library, but he questioned the proposed location. Alderman Austin asked if they had inquired about the use of the old Montgomery Ward building. Mr. Steve Singleton stated the suggestion had been made. When he had contacted them, they t ' were not interested in selling the property. What they were interested in was a short term lease. It did not make sense for them to make a large investment for a short term lease. Alderman Austin questioned some of their calculations. He noticed they would be increasing the size of the library more than 300%. Fayetteville's population was projected to increase 170%. He asked them to justify such a large increase. He noted the number was what would drive the square footage of the building. He was pro -library, but he questioned their calculations. Mr. Roberts stated the current population was approximately 55,000. Using the same measure for their projected population, the current library would be considered 30,000 square feet too small. The increase was not based on the current size of the library today, but on what size it should be today, if it had kept up with the growth in population. He added the same rules should apply to a public library that applies to other public services. If they responded simply to convenience then they would erode the soul of the city. They needed to make some sacrifices to maintain the soul of the downtown. Alderman Austin asked if they had seriously addressed the idea of a branch library now. Mr. Roberts replied they had presented branch options. During the meetings they had decided to build a core collection and a central library. ' ' ' Alderman Austin questioned if they were constructing the library based on the 2020 projections, and where was the need for a branch library in the future: City Council April 6, 1999 Page 12 Mr. Roberts replied the 2020 projections had been the standard length of time used to calculate future needs. This method was becoming less and less reliable. They were being as conservative as they could. The question of convenience would bring the need for a branch library sooner. In mature cities people were beginning to move back into the core part of town which strengthened the need for a central library. Mr. Roberts stated the branch library and the need for duplication of core services would strain the operations budget of the library. Alderman Davis thought they might be going too far south to draw the public. Mr. Singleton stated in other parts of the county where libraries had been sited in undesirable locations they had brought the neighborhoods up. Alderman Daniel thought this would be a deterrent to urban sprawl and would fit in well with the efforts to revive the downtown. WARRANT SERVICE FEES An ordinance establishing a $25.00 warrant service fee. ADDITIONAL POLICE STAFF A resolution approving the increase of the 1999 operating budget to add one police sergeant, one police officer, and one dispatcher. Mayor Hanna explained the money for the additional personnel would be from money generated from the warrant service fees. Mr. Rose introduced Casey Jones, the City Prosecutor. Alderman Trumbo felt this was needed because of the number of warrants issued and this would help fund personnel. Mr. Jones explained people would not be assessed the fee until their conviction. It would be added to their court costs and other fees. He added the other side of his office was the Hot Check office and all of their cases were warrant cases. His cases were not always warrant cases. Last month there were 402 warrants issued out of the Hot Check office. He added his office had to throw out warrants over three years old. F ,; 49`3 i't � City dowi cil April 6, 1999 Page 13 In response to questions from Alderman Russell, Mr. Jones stated most of their warrants were for failure to appear. He explained the court costs were only paid if the person was convicted. If the person was not convicted, they would not have to pay the court costs for warrant fees. Mr. Rose read the ordinance for the first time. Alderman Daniel moved to suspend the rules. and move to the second reading. Alderman Santos seconded the motion. Upon roll call, the motion carried unanimously. Mr. Rose read the ordinance for the second time. Alderman Russell moved to amend the ordinance to add Section 3 which would state that warrant service fees shall be assessed by thecourt upon conviction.* Alderman Davis seconded the motion. Upon roll call, the motioWcarried unanimously. Alderman Austin moved to suspend the rules and move to the third and final reading. Alderman Santos seconded the motion. Upon roll call, the motion carried unanimously. " Mr. Rose read the ordinance for the third and final time. Mayor Hanna called for the vote. Upon roll call, the ordinance carried unanimously. ORDINANCE 4155 AS RECORDED IN THE OFFICE OF THE CITY CLERK. ADDITIONAL POLICE STAFF 1. A resolution approving an increase of the 1999 operating budget to add one police sergeant, one police officer, and one dispatcher. Alderman Daniel asked if they planned to hire these right away because the money had not been accumulated yet. Mr. Rick Hoyt stated they had planned to start collecting the fees in May. He added the police department has had several openings this year which they had not filled. Because of the hiring process, he thought the money would be there by the end of the year. Mr. Crosson explained they had a budget adjustment which recognized the position would start in June. The budget adjustment would offset the cost. 494 City Council April 6, 1999 ' Page 14 Alderman Austin moved to approve the resolution. Alderman Davis seconded the motion. Upon roll call, the motion carried unanimously. RESOL UTION 53-99 AS RECORDED IN THE OFFICE OF THE C177 CLERK. LAND POSSESSION - RUPPLE ROAD An ordinance authorizing the City Attorney to seek court-ordered possession of .317 acres of land owned by Tony and Bobbye Hardin, located north of Mt. Comfort Road and west of Salem Road for the purpose of extending Rupple Road from Mt. Comfort Road to the proposed new middle school. Ordinance should also include specific temporary easements. Mr. Rose read the ordinance for the first tine. Mr. Bobby Hardin, property owner, stated he did not understand the location of the street. Mr. Venable stated the location of the street was part of the Master Street Plan and had been , worked out to service the new school in the area. He stated Mr. Hardin had been present at the meeting when it had been determined the middle school would be located in the area. Mr. Hardin stated he was disappointed in the way things had been handled. He had never received any letter or notification regarding the adjoining property. Mr. Venable stated Mr. Hardin had been present at some of the meetings. In response to complaints from Mr. Hardin, he stated there had been a public hearing regarding the master street plan. Mr. Hardin stated he had not been informed of the meeting tonight. Ms. Little explained that on the city wide plans there were individual notifications. There was publication in the newspaper. There were 25 public meetings on the master street plan which had been advertised in the paper. Mr. Hardin stated a city engineer had come to his home and tried to explain where the road would be going. He felt there were other places where the street could go. This location would be close to his house. He had contacted Ms. Daniel, but she had been unable to help him. Alderman Daniel stated she had discussed the problem with the city engineers and they had I thought Mr. Hardin was more agreeable with the plan. City Couricil April 6, 1999 Page 15 In response to questions, Mr. Venable stated this had been.discussed several times during council meetings and street committee meetings. Alderman Russell suggested leaving the ordinance on the first reading. Mr. Venable stated this land had been purchased by Mr. Hardin after the city had started this process. Mr. Hardin stated he had time to go and buy the land, why did the city not try and acquire the land before they decided to construct the street. Mr. Venable stated the city could not move that fast. Mr. Hardin did not believe the council had ti The street would be 20 to 30 feet from his house.. I . City Couricil April 6, 1999 Page 15 In response to questions, Mr. Venable stated this had been.discussed several times during council meetings and street committee meetings. Alderman Russell suggested leaving the ordinance on the first reading. Mr. Venable stated this land had been purchased by Mr. Hardin after the city had started this process. Mr. Hardin stated he had time to go and buy the land, why did the city not try and acquire the land before they decided to construct the street. Mr. Venable stated the city could not move that fast. Mr. Hardin did not believe the council had any idea what effect the street would have on his life. The street would be 20 to 30 feet from his house.. I . The council agreed to meet Mr. Hardin on Monday April 21,1999 for a tour of the property. The ordinance was left on the first reading. CHIEF EXECUTIVE OFFICER An ordinance amending Chapter 10, General Provisions of the code of Fayetteville, to add Section 10.13 , Chief Executive Officer, to define miscellaneous powers and duties of the Ivfayor. rWr. Rose read the ordinance for the first time. Alderman Austin asked if the ordinance was approved would the action give the -mayor the authority to change an ordinance. yir. Rose replied no. Alderman Austin asked if it would give the mayor the authority or the power to veto the council or committee action. Mr. Rose stated that he had the power of veto by statute and he would continue to have that power. 1 ' Mayor Hanna stated the ordinance,was'to clarilysome of the ordinances which had been about C95 496 City Council April 6, 199916 Page 16 before the change of government. He stated they had been talking about the change for four years. Alderman Daniels asked about the impact of the ordinance. She had received several calls on this with people voicing concerns. She thought the ordinance would be dealing with employment positions. The paper had given a specific example of the mayor being able to overrule an ordinance. Mayor Hanna replied the ordinance would not allow him to overrule an ordinance. There were some things that were at the department director's discretion. This ordinance did not specifically state the mayor, but his designee. He felt the citizens should be able to come to an elected official when they felt that they were not getting the proper determination. He wanted to be able to answer people when they had complaints. He stated since the change of government they had tried to be citizen friendly and they wished to continue to do so. Alderman Daniel questioned whom the duly appointed official would be. Mayor Hanna replied it would normally be the department head. Alderman Russell asked who would normally make the decisions given the example in the paper. Mayor Hanna stated the ordinance would not change anything as it was now. They would continue to operate as they were now. He added he could not overrule the Planning Commission's decisions. Alderman Trumbo asked if they were only accomplishing what other municipalities had already done. He asked if they were doing anything drastic. Alderman Santos thought they were avoiding the checks and balances of having a professional staff to make administrative decisions, which would be taken away by this ordinance. He stated these positions were hired by the mayor and he should have confidence in them to make decisions. Alderman Young stated he failed to understand the ordinance. If the mayor had these powers under the state law, then what were they doing with the ordinance. Mr. Rose stated he thought he was writing an ordinance which would eliminate the council to have to change an ordinance every time there was a title change or change in personnel. Their ordinances were very specific on what decisions were made by whom. He questioned if a mayor ;,.. 497 City Council April 6, 1999 Page 17 I decided to eliminate a position and/or incorporate other duties, then they would have to go back into each ordinance and change each one that was specific. Alderman Young did not believe they needed section B. sI .. Mr. Rose stated the mayor had no choice other than to follow the city ordinance. t Alderman Trumbo did not see how this ordinance would expand anything that was already in place. Alderman Russell expressed concern about interpretations, he thought it would give the mayor the authority to overrule someone's interpretation on a city regulation. He asked if the ordinance or the state law had the authority to overrule the interpretation of a director without firing the . individual. Mr. Rose replied any time one of these people made a discretionary decision that the mayor did not like and thought was wrong, he could probably disagree with that. Ms. Little explained for an administrative lot split, if someone disagreed with her interpretation, then they would go to the Planning Commission for things pertaining to subdivision regulations. in zoning regulations, her interpretations were referred to the Board of Adjustments. This designation was set by state law. She questioned if the ordinance would change all the things in the UDO. Mr. Rose replied they would be replaced. Ms. Little stated the whole reason for the UDO was so the developer would know who to go to for those issues. She added that it simplified the process, so the developer would know where to get answers. Mr. Rose stated he thought the developer would still know that. It did not change that, it was where the developer would go, if an individual was continually making decisions that the mayor disagreed with. Alderman Russell asked if the mayor under state law or under this ordinance would have the authority to overrule one of those decisions and make it have a binding affect without them firing the individual. - Mr. Rose replied it was not intended to. He could not if it was already in our ordinance that a City Council 4 :3 8 April 6, 1999 Page 18 specific person were to make the decision. Alderman Russell asked if they were changing the ordinance to read the Mayor or his duly authorized representative. Alderman Santos stated it gave them the option to go directly to the Mayor for a decision. Alderman Daniel stated some of the people she had talked to had been in favor of this because they could go directly to the Mayor. She expressed concerns about some mayors taking advantage of this. Mayor Hanna replied if the city elected someone who decided to do favors for the developer, they would be laying themselves open to a lawsuit or to be removed from office. He stated they did not have any problems currently. They had been discussing this for more than four years. Alderman Santos stated the decision should be made by the professional staff member and thought the politician would be too susceptible. Mr. Dan Coody, an area resident, stated this might be a solution waiting for a problem. He gave the example if he were a developer and he disagreed with the planning director's decision, he could go to the mayor and have the decision overturned. The next developer who was not on good terms with the mayor might have his request denied. Then they have created an arbitrary and capricious determination by city hall. He asked if he were a developer should he go see the mayor first to get approval then go through the process knowing what the outcome will be or did he go through the process first and if he did not get what he wanted then go to the mayor's office. He thought this created an environment with a lot of political favoritism. He asked if there was a limit to the powers, was there a line they could not cross. Mr. Rose replied the mayor could not violate state law and he was under a duty to make sure that the ordinances were faithfully and constantly obeyed. Mr. Coody thought this ordinance could create a problem and asked the aldermen to vote against it. Nis. Fran Alexander, an area resident, explained the differences between the two forms of local government and how they attected citizens. She felt this ordinance would erode the foundation of the city. Nis. Marion Orion, an area resident, stated the city manager form of government hired a P 499 City Council April b, `1999 Page 19 professional manager, the manager then carried out the ordinances. The citizen went to the elected board. This system removed a certain amount of politics from decisions. She expressed concern about Mayor Hanna's statement that this was a change from city manager form of government. Mayor Hanna explained this was one of the changes that had not been implemented and the ordinances on the books did not address the mayor. All they were trying to do was to get the correct wording in the ordinances. Ms. Orton stated she was leery of the change. She did not understand the change. Mayor Hanna stated it was a small change and e'very'one was making more out of it than it was. s Ms. Orton did not want to place too much power in one person's authority. " r Mayor Hanna suggested leaving the ordinance on the first reading. � t 1 \. 1 U OF A FIREWORKS An ordinance allowing the University of Arkansas to use fireworks for the opening of Baum Baseball Stadium. Mr. Rose read the ordinance for the first time. Alderman Daniel moved to suspend the rules and go to the second reading. Alderman Austin seconded the motion. Upon roll call the motion carried unanimously. Mr. Rose read the ordinance for the second time. Alderman Austin moved to suspend the rules and go the third and final reading. Alderman Davis seconded the motion. Upon roll call the motion carried unanimously. Mr. Rose read the ordinance for the third and final time. Mayor Hanna called for the vote. Upon roll call the motion carried unanimously. ORDINANCE 4156 AS REC012DED IN THE OFFICE OF THE C17Y CLERK. r- � r- City<kouncifJ 1 April 6, 1999 Page 20 REPUBLIC PARKING SYSTEMS 4 4 - A resolution approving a lease modification with Republic Parking System at Drake Field; and to authorize the mayor and city clerk to execute said lease. Mr. Rose explained the business had decreased at the airport to the point that it was almost non- existent and was not economical for Republic Parking to continue their operations. t F E r Alderman Daniel moved to approve the resolution: Alderman Trumbo seconded the motion.,; Upon roll call the motion carried unanimously. RESOLUTION 54-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. Meeting adjourned at 9:30 p.m. i