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HomeMy WebLinkAbout1999-05-04 Minutes5 2"3 MINUTES OF A MEETING OF THE FAYETTEVILLE CITY COUNCIL MAY 49 1999 A meeting of the Fayetteville City Council was held on May 4, 1999 at 6:30 p.m. in Room 219 of the City Administration Building located at 11.3 West Mountain Street Fayetteville, Arkansas. 5 The following items were considered: ITEM ACTION TAKEN of the Minutes °, Approved ,'Approval -` Drake Field Deli/Gift Shop + Approved Res. 59-99 Bid 99-43: Purchase of six 4 -wheel drive vehicles Approved Res 60-99 Bid 99-46: Walker Park pavilion Approved Res. 61-99 Hwy 16 W. Widening Approved Res. 62-99 Assembly Road Storm Drainage Approved Res. 63-99 Sunbridge Drive Extension Approved . Res. 64-99 Research and Technology Approved Res. 65-99 Chief Executive Officer Withdrawn Odor Control of Sewer Treatment Plant Tabled Water and Sewer Treatment Plant Approved Res. 66-99 VA 99-4: Regional National Cemetery Passed Ord. 4160 VA 99-5: Regional National Cemetery Passed Ord. 4161 Cardinal Cab: Certificate of Public Necessity Approved Res. 68-99 Wastewater Treatment Plant Data Review Approved Res. 69-99 PRESENT Present: Mayor Hanna; Aldermen Reynolds, Austin, Davis, Trumbo, Daniel, Santos, Young and Russell; Assistant City Attorney LaGayle McCarty; City Clerk Heather Woodruff, Staff, Audience and Press. Absent: City Attorney Jerry Rose. 524 MINUTES OF A MEETING OF THE FAYETTEVILLE CITY COUNCIL MAY 49 1999 A meeting of the Fayetteville City Council was held on May 4, 1999 at 6:30 p.m in room 219 of the City Administration Building, 113 W. Mountain Street, Fayetteville, Arkansas. Present: Mayor Hanna; Aldermen Reynolds, Austin, Davis, Trumbo, Daniel, Santos, Young and Russell; Assistant City Attorney LaGayle McCarty; City Clerk Heather Woodruff; Staff; Audience and Press. Absent: City Attorney Jerry Rose. INFORMATIONAL ITEMS Mayor Hanna stated the City of Fayetteville has sent some equipment to Oklahoma City to help in the tomado cleanup. There would be a Town Meeting discussing the issue of school violence sponsored by the City of Fayetteville and the School District. It would be open to all parents and interested citizens, Thursday, May 20, 1999 from 7:00 to 8:30 p.m. at the Walton Art Center. He noted the center I could hold approximately 2,000 people. CONSENT AGENDA APPROVAL OF MINUTES The approval of the minutes from the April 20, 1999 City Council meeting. DRAKE FIELD DELI/GIFT SHOP A resolution approving the modification to a lease with Air Host, Inc,. The modification provides for the cancellation of their lease to operate the Deli and Gift Shop in the Drake Field Terminal building. Air Host has requested the cancellation because their customer volume has decreased with the relocation of four of the five airlines to another airport. RESOLUTION 59-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK BID 99-43 A resolution accepting Ron Blackwell Ford as the lowest qualified bidder meeting specifications for the purchase of six 4 -wheel drive utility vehicles, Bid 99-43. These units will be utilized by the Fire Department and the Police Department. RESOLUTION 60-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK , City Council May 4, 1999 BID 99-46 A resolution awarding Bid 99-46 for Walker Park pavilion to Heckathom Construction in the amount of $64,618 plus a project contingency of $3,500 for a total of $68,118. RESOLUTION 61-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK HIGHWAY 16 WEST WIDENING A resolution approving Bid 99-35, a construction contract, to Northwest Excavation, a division of Nabholz Construction, in the amount of $601,075.50 and a project contingency of $93,925 for widening of Highway 16 West for the relocation of water and sewer lines. RESOLUTION 62-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. ASSEMBLY ROAD STORM DRAINAGE A resolution approving a contract for Assembly Road Storm Drainage improvements with Jerry D. Sweetser, Inc. in the amount of $58,575, plus a contingency of 20% ($11,715), totaling $70,290. RESOLUTION 63-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. SUNBRIDGE DRIVE EXTENSION A resolution approving a contract for Sunbridge Drive Extension with Red Deer Inc. in the amount of $268,174 plus a contingency of 11.1% ($29,825.25) totaling $298,000. Approval of a budget adjustment adding funds to the project and a project contingency of $19,461 is also requested. RESOLUTION 64-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. RESEARCH AND TECHNOLOGY PARK A resolution approving a contract for Research and Technology Park for tree and shrub removal with erosion control with Tomlinson Asphalt Co., Inc. in the amount of $31,306.00 plus a contingency of 19.8% ($6,194.00), totaling $37,500.00. RESOLUTION 65-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. Alderman Davis moved to approve the consent agenda. Alderman Daniel seconded the motion. Upon roll call the motion carried unanimously. Page 3 526 City Council May 4, 1999 OLD BUSINESS ODOR CONTROL OF SEWAGE TREATMENT PLANT Mayor Hanna introduced a resolution establishing odor abatement and control as a priority in the design and operation of the City's sewage facilities. Alderman Trumbo thought the resolution was at the front of their going forward with the proposed secondary wastewater treatment plant. Alderman Daniel thought this was very important. She noted the city could be very demanding in the operation and construction of the facility in regards to the odor control. point. Mr. Millard Goff, an area resident near the proposed plant, commended them on trying to be a good neighbor. He has seen the resolution and thought it was a good start. He questioned the source of funding and suggested setting money aside for the abatement of odor. In response to questions, Mr. Venable stated odor abatement would be included in with the design of the project itself. Mr. Goff asked if the city could set aside money to insure the plant would not smell. He stated a resolution without anything to back it up did not say a whole lot. Alderman Daniel thought it was premature to set money aside. She thought it would be included in the cost of the facility. She could not approve a fund at this point. Alderman Santos explained Mr. Goff was asking for a contingency allocation similar to a construction contract for cost overrun, with the exception this would be for odor abatement. Mr. Crosson replied they could not allocate money past their current budget year according to state law. Alderman Russell thought the resolution was a good start. When they contracted to design the plant and operate it there would be a clause in the contract which would hold people responsible for design and operation of the plant, and they would pay the city a penalty for the city to compensate people. In response to questions from Aldermen, Ms. McCarty stated the council would approve all contracts for the sewer plant. Alderman Russell stated he would not vote for a contract which did not include a clause where EM `527 City Council May 4, 1999 the city could hold them liable for failure to abide by the upmost technology that was in existence for odor abatement. Alderman Austin asked Ms. McCarty if they could require the contractor to put up the money in a bond or insurance, so they would have the money to fall back on to abate the odor problem. Ms. Carry stated they could look into it. Mr. Crosson added there would have to be a time frame attached to it. Mr: Venable stated it will be part of the contract. Alderman Santos explained the resolution was to state the city's intent on how they were going to negotiate when they come to the contract. Mr. Clarence Starr, 54" Street, stated over a year ago they had voted down this thing. He asked how they got it back on the agenda. Mayor Hanna replied they had voted down an annexation. ' Mr. Russell, agreed with Mr. Starr. The last time the citizens had been campaigning because they did not want a sewer plant. The whole city of Fayetteville had the right to vote in that election. The city should have promoted it better before the election. He thought part of the problem was the citizens did not have all the information. In response to a question from Mr. Starr, Alderman Young stated the bonds for the facility would be voted on by the people. Alderman Russell stated he had to go with the results of the election, that the citizens did not want a sewer plant. Ms. Donna Starr, an area resident, stated they had voted the issue down in an election. Now they were discussing bonds, she asked how they city had managed to go around the people who had voted this down and to spend all this money for the property. She asked why they were buying the land if they were not going to build a sewer plant there. Alderman Trumbo stated one of the options they were looking at was to build a wastewater treatment plant on the land. In his personal opinion it was money well spent for the option because of the current state statutes and the contiguous land with people willing to sell within the . ' city limits. The city's first option was to construct a plant there. If the people voted down the Page 5 528 City Council ' May 4, 1999 bonds then they would look at other options such as a golf course or sell the land. In his opinion it was money well spent because of the additional land which would provide added buffer and screening from the plant. He lived within a mile of the city's existing plant. Ms. Starr stated they had lived there thirty years. When it comes time to vote on the bonds, they lived outside the city limits. They would not have the right to vote on the issuance of bonds because they were outside of the city limits. Alderman Trumbo added they were able to organize their opposition to the issuance of the bonds. In response to comments from Alderman Russell, Ms. Starr stated they did not vote against annexation. They would not have minded being annexed, but they knew from the beginning that the city intended to build a sewer plant. Alderman Russell thought a lot of his constituents would not be interested in the growth that would be allowed by the new sewer plant. Mr. Gary Adams, 461 Street, stated if they did not do something about the odor it would drift I through the main part of the city and the university. Mr. Bob Nickovicks, an area resident, stated the plant had gotten voted down. The land they were going to purchase was swamp land and was not what it was worth. He stated he would trade property with anyone else on the council or sell them his land. Mr. Bill Jowers thought the city needed to take time out to work out the details on the resolution. Mayor Hanna stated this resolution could be postponed until they got closer to what they were going to do. Alderman Austin moved to table the resolution until the details could be worked out. Alderman Santos seconded the motion. Upon roll call the motion carried unanimously. WATER AND SEWER TREATMENT PLANT A resolution to exercise the city's purchase options on three tracts of land on the west side of Fayetteville for the construction of a new sewage treatment facility. Land tracts to be considered are currently owned by James McClelland, H. M. and Norma Shipp, and the Broyles Farm. Alderman Trumbo stated they had looked at several options. The state has passed a law which required them to come within their city limits. He thought this was the best option the city had , available at the moment with willing sellers and the current state statutes. The three hundred 529 City Council May 4, 1999 acres was more land than what they needed for a treatment plant, but they had planned a buffer in consideration of the surrounding people. Mayor Hanna explained this was part of an overall picture, the city was trying to get their permit approved. They had tried to cut down on the city's discharge permit, because the city was not moving forward with their plans for taking care of their wastewater problems. Whether or not they decided to build a plant on the west "side, they still had to show the people who controlled their permits that they were making every effort to do something about their problem. They were being put in this situation by the state and federal laws. It was a tough decision. Alderman Daniel stated she had received calls from people who thought this was necessary and they needed to move on it. Alderman Santos stated he had requested the council to consider the odor abatement resolution first at Mr. Goff s suggestion so that it would ease the minds of people who lived in the area. He thought they needed to be up front with the fact that they were going to do everything they could to abate the odors. If they had to construct the plant they needed to do the best they could. ' Alderman Austin asked how the issue would be put to the public for a vote. Mayor Hanna explained it would be brought to the people as a bond issue for the construction of the waste water plant. Alderman Young stated he was in favor of purchasing the land to give the citizens of Fayetteville the option to let them decide what they wanted to do. If they voted down the bonds they would probably place a moratorium on A-1 property. Alderman Russell encouraged citizens to not give up the fight. He personally voted against the annexation because he did not know that the city needed the plant. He did not have a problem submitting another vote to the people. The only thing that could make him support another sewer plant would be another vote by the people supporting the plant. Mr. Miller Goff, an area resident, stated there had been plenty of opportunities for them to take a different stance. He did not recall the city protesting Act 13-36. He asked if they had asked the attorney general foi. his opinion. He asked if they were in partnership with another town if the law would still apply to them. The city's engineers thought another site was the best site. He thought the city had decided to proceed in this way because it would require less effort for the city to take on the neighbors rather than taking on the best site the engineers had recommended. 4 0Z ' Mayor Hanna stated the city had been trying to get the plant on the Illinois River. Those people j ' + Page 7 City Council ' May 4, 1999 came to the public hearings, 200 strong. It had been some of the worst meetings he had ever seen. The city had no support from people like him. They were sitting up there all by themselves. The hearing did not change their minds. A state law had changed their minds. He had gone to the Municipal League and called other mayors all over the state. He could not even get the support of their own representatives. Act 13-36 had required them to locate the sewer plant within the city limits. He did not like the idea of having the plant within city limits, but it was not his fault or idea. Alderman Russell stated he liked Act 13-36. He was not convinced it was a bad law. Mr. Jeff Erf, an area resident, asked the relationship between the engineering firm and one property owner, since they both shared the name McClelland. Charles Venable stated there was a relationship between the two. Mr. Jowers, an area resident, asked if there was a possibility to bring this decision to a vote of the people before they purchased the land. Mayor Hanna did not believe they could. Mr. Jowers stated there were other cities going through the same thing they were. He discussed ' the history of the development and the sewer meetings. He questioned why there had not been any more committee meetings. He asked what the intent of the committee had been. Alderman Trumbo stated that as chairman of the Water and Sewer Committee he had asked them to the meetings to get constructive criticism. They had aired all their views and he did not know what more could have been done. Mr. Jowers stated Alderman Young had questions which had never been answered. He stated the existing plant had been designed to service 69,000 people. They currently had 56,000 people. He questioned what had happened to the contract. Alderman Trumbo stated he felt that he had done a very thorough job of taking public input and gathering information. He felt due diligence was done in extreme measures. Mr. Jowers stated the purchase of the property was against the people's wishes. He thought that other people other than the City of Fayetteville that they were serving would join in a regional plant as soon as it was constructed. He thought the existing plant might be sufficient if a regional plant were to come along. He felt the land had been appraised too high and it would be difficult to sell. There were four other golf courses within five miles. He felt they needed to be better . stewards of the taxpayers' money. He thought they needed another opinion. They had studies 0.31 ' city council May 4, 1999 and no opinion. He asked the aldermen to vote by secret ballot, then reveal how they voted. Alderman Austin stated he had voted for the resolution to bring before the council on odor control which he thought they wanted. Mr. Jowers stated he had spoken with Mayor Hanna about a resolution on odor control. He had wanted to work on the resolution before it was in concrete. He had not been notified of the meeting. He asked for people to be up front with them. Alderman Austin asked what could have been added to the resolution that would have made it palatable to him. Mr. Jowers thought some money needed to be set aside and he did not think a million dollars was enough! x Alderman Russell questioned if it would be more cost effective to put it to a vote or to go ahead and buy the property-' Mayor 'Hanna stated they could not have a bond issue vote until they had let the contract. Alderman Russell replied they could expend the money on the six month option and then have a vote on the land acquisition. If it failed then the city had not spent their three million dollars. It would take longer, but he was willing to wait. Alderman Trumbo stated he was in favor of purchasing now. They could continue with their premitting process. In the worst case, they would own a nice property. Mayor Hanna thought time was important. Mr. Venable stated the permit was the most important. They had the possiblity of having their permit lowered. He thought they needed to purchase the property. Mayor Hanna explained if they did not have a specific piece of property the state would not conduct their study and they would not give them a permit. If they did not have the property then they would have to consider a moratorium on sewer taps or expanding the plant on the east side of the city. . Alderman Young stated they were looking at the site short term. He was looking at the 300 acres as a potential sewer plant. He questioned what would happen 40 years from now. They might not build one now, but the people of Fayetteville may want to build one some day. Page 9 53? City council ' May 4, 1999 Alderman Austin asked what would happen if they purchased the property and the bond issue was turned down. Mr. Venable stated the two plants cost about the same, whether we build a new plant or added to the existing plant. The problem with the existing plant was the cost of maintaining the existing plant with all the pumping they had to do. It was higher for the operations and maintenance of it because of the way Fayetteville drained a lot of the water to the west and to the east. They did not know all the things that had to be done yet. Alderman Austin asked if the public voted down the issuance of the bonds and they had purchased the property how they were going to fund the east plant. Mr. Venable explained it would be funded the same way the west plant would be funded, with bonds. Mr. Jowers asked why they did not expand what they currently had. Mr. Venable explained over the life of the plants they would pay a lot more money for the I operation of that, because of the required pump stations. Mr. Jowers suggested expanding the existing plant until the regional plant had been constructed. They had done it with Beaver Water. He thought this could work just as well, but they had to put some energy into it. Alderman Daniel stated she had attended a meeting on a regional sewer system and had been disappointed because it was a managerial system of multiple sewer treatment plants. Alderman Reynolds stated he felt for the neighbors because he lived across from the Industrial Park. He thought the committee had been very positive. He thought they had been in favor of a sewer plant if the odor could be treated and the plant was built right. He thought they needed to get the city's representatives to reverse the law so they could go back to their first site. If they could not do that, they still had to have a sewer plant on the west side of town. They could not continue by doing everything to the east plant. Ms. Donna Starr, 541 Street, said she knew there would be odor from the plant. There were too many people who talked about the odor problem on the east side of town. Alderman Reynolds stated they had been working on the problem and people were currently constructing $300,000 homes around it. I Page 10 City Council ' May 4, 1999 Ms. Starr replied most of those people kept their homes closed up. She lived in the country and they liked to have their windows open to get fresh air. She did not believe they would be able to do it if they constructed the plant. Alderman Davis felt that she would be able to if the plant was constructed properly. He added there were children playing outside everyday on the east side because they had,corrected the problem. I :. - Ms. Ms. Starr stated when they were considering this before people from the east side had complained about the odor. She asked that if in the last year that they had taken care of all the problems. Alderman Reynolds stated they were trying. They had to have a sewer plant. They were at capacity. Alderman Austin stated he did not like the idea of placing the plant that close to the city. But they had their hands tied. Tonight they either had to buy the property or extend their options. He asked if they took the purchase of the property to the voter could she live with what the public ' said. Ms. Starr replied she could not because she would not be allowed to vote. Alderman Trumbo moved to approve the resolution as presented. Alderman Santos seconded the motion. Upon roll call the motion carried unanimously. RESOLUTION 66-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK NEW BUSINESS VA 99-4 An ordinance approving VA 99-4 vacating an alley located at 903 South Government Street as requested by the Regional National Cemetery Improvement Corporation lying contiguous to the east side of Lot 10 and to the west side of lot 1 I of the Dowell Addition. Ms. McCarty read the ordinance for the first time. Alderman Auitin moved to suspend the rules and go to the second reading. Alderman Davis seconded the motion. Upon roll call the motion carried. Page 11 53.1 City Council ' May 4, 1999 Ms. Carty read the ordinance for the second time. Alderman Davis moved to suspend the rules and move to the third and final reading. Alderman Austin seconded the motion. Upon roll call the motion carried unanimously. Ms. McCarty read the ordinance for the third time. Alderman Reynolds explained they needed to square up the property in order for the federal government to take it. The federal government would not take property unless it was square. Upon roll call the motion carried unanimously. ORDINANCE 4160 AS RECORDED IN THE OFFICE OF THE CITY CLERK VA 99-5 An ordinance approving VA 99-5 vacating an alley located at 898 Hill Street as requested by the Regional National Cemetery Improvement Corporation for that portion of a 20 foot alley lying contiguous to the west side of a part of lot 9 and all of lots 10, 13, and 14 in the Dowell Addition. Ms. McCarty read the ordinance for the first time Alderman Santos moved to suspend the rules and move to the second reading. Alderman Trumbo seconded the motion. Upon roll call the motion carried unanimously. Ms. McCarty read the ordinance for the second time. Alderman Austin moved to suspend the rules and to go to the third and final reading. Alderman Russell seconded the motion. Upon roll call the motion carried unanimously. Ms. McCarty read the ordinance for the third and final time. Upon roll call the ordinance passed unanimously. ORDINANCE 4161 AS RECORDED IN THE OFFICE OF THE CITY CLERK CARDINAL CAB A resolution authorizing a Certificate of Public Convenience and Necessity be issued to Cardinal Cab Co. of Springdale, Arkansas for operating a transportation service within the City of Fayetteville. I Page 12 ,. 53 5 ' City Council May 4, 1999 The cab owner stated they were not wanting to take anyone's business away from them. They were wanting to be able to pick up their customers that they had dropped off. He explained they had a number of elderly customers that used them who wanted them to come back and pick them up. Currently, they could not pick them back up in Fayetteville. If there was a need for a cab service in Fayetteville they were equipped to take care of it. They would move in when the city felt there was a need for it. They mainly wanted permission to pick their people back up. They had been in business four weeks and had guaranteed customers in Springdale that there would not be more than a 15 minute wait. They had started their company to give people the service they deserved and to stop the waiting time. Mayor Hanna asked if they had checked the requirements for operating in Fayetteville. The owner replied they were 95% fulfilled, the only thing they lacked was the driving permit and permission from the chief of police. He presented a picture of their car and explained that all of their cars were inspected every three months. They were all clean cars with air conditioning. He explained they ran meters and did not go by a zone map. He explained their rates. IC 10 In response to questions from aldermen, he stated they accepted the vouchers from Community ' Development. Their insurance was more than what Fayetteville required. F. He stated they currently had two cabs running and had a third cab coming, which was being painted. They had been open three weeks. His partner had driven for Smiley Cab for three years. He had owned his own company for three years before he sold it. In response to questions from Alderman Reynolds, Ms. Woodruff stated the city currently had four companies. All four were current on their insurance and other requirements. Alderman Reynolds stated he had spoken with two of them who expressed concern about them not needing another company. Mayor Hanna explained this company was wanting the right to pick up their customers they had dropped off at the doctor's office or other businesses. The owner stated they did not want to run the streets of Fayetteville, they wanted to be able to pick their customers back up. call the motion carried unanimously. Alderman Santos moved to approve the resolution and authorize a certificate. Alderman Russell seconded the motion. Upon roll call the motion carried unanimously. ' RESOL UTION 67-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK Page 13 53f' City Council ' May 4, 1999 WASTEWATER TREATMENT PLAN DATA REVIEW A resolution authorizing a review of data related to the Paul R. Noland Wastewater Treatment Facility by an independent engineer to determine flow processing capabilities. Alderman Young explained the current facility plant was based on the premise that the Noland Plant was nearing capacity. They were not anywhere near the population projects for the year 2005 which the Noland plant had been designed for, but they were supposedly near capacity. He felt there were some conflicts and inconsistencies in the numbers that he would like to have cleared up. Mayor Hanna explained that if everything went as it was planned, it would take approximately four to five years to reach capacity. Alderman Trumbo thought it was a good idea to have a third person come in to verify the flow. Mayor Hanna stated if they passed the resolution, he would like to see two things. He wanted to see a limit on the amount of money they would spend to do the study and a time frame for it to be done in. He stated he wanted Alderman Young to sit in on the drawing up of the , specifications for the bids, so they could be certain they were getting what he wanted. Mr. Venable recommended they hire someone out of state, because most of the local people had worked on the plant. A contract would come before the council before it was approved. Alderman Austin moved to approve the resolution. Alderman Santos seconded the motion. Mr. Jeff Erf, an area resident, hoped they would endorse the resolution, because C112M Hill had a lot to do with the construction and operation of the existing plant. Alderman young thought it would take approximately a month to conduct the study. Mayor Hanna thought Alderman Young needed to be on the selection committee and to work with the staff on drawing up the specifications for the bids. Upon roll call the motion carried unanimously. RESOLUTION 68-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. The meeting adjourned at about 8: 00 p. m. ' Page 14