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HomeMy WebLinkAbout1988-07-05 Minutes46b MINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A meeting of the Fayetteville City Board of Directors was held on Tuesday, July 5, 1988 at 7:30 p.m. in the Directors' Room of the City Administration Building at 113 West Mountain Street, Fayetteville, Arkansas. .PRESENT: Mayor Johnson; Directors Bumpass, Lancaster, Martin, Kelley, • Marinoni and Hess; Assistant City Manager Linebaugh, City Attorney McCord, City Clerk Kennedy, members of the press and audience. CALL TO ORDER The meeting was'called to order by the Mayor, with seven Directors present. The 236 Mayor asked for a moment of respectful silence. 'CONSENT AGENDA It was moved by Director Kelley, and seconded by Director Martin, to approve the consent agenda. • 236 Director Hess stated he had a question regarding Item 1D and requested it be 236 removed from the consent agenda. Upon roll call, the motion passed, 7-0. 236 The consent agenda, being approved with the exception of Item 1D, consisted of 236 the following items: Renewal of a one-year lease between the City and Rosalyn Nesheim for rental 236 of a. dwelling located on City property at 2105 Pump Station Road; RESOLUTION NO. 50-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK A change order to the Community Development Program's Wedington Area 236 Drainage project; RESOLUTION NO. 51-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK Appointment of Bobby Lee Odom and John Lewis to the Board of Commissioners 236 of the Off Street Parking Development District No. 1. RESOLUTION NO. 52-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK BANK ACCOUNT SIGNATORIES July 5, 1988 !37.1 The Mayor introduced Item 1D which had been removed from the consent agenda - a resolution authorizing the City Manager and Assistant City Manager to be signatories on all City bank accounts. 237.2 Hess commented that the City was presently dealing with three local banks, Northwest National, Mcllroy, and First National, and he asked if the City would be including the other bank now in town. Linebaugh responded that currently that bank [Clerk's note: reference is made to Bank of Fayetteville) was not bidding. He said he talked to John Lewis and'the City will review financial information on the Bank and then will make a recommendation. 237.3 It was moved by Martin and seconded by Kelley to authorize the City Manager and Assistant City Manager to be signatories on all city bank accounts. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 53-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK REZONING APPEAL 237.4 The Mayor introduced an appeal from a decision of the Planning Commission regarding denial of rezoning .63 acre located south of Longview Street approximately halfway between North College Avenue and Plainview Avenue; from R-1 "Low Density Residential" to R-0 "Residential Office" district. 237.5 The Mayor reported the Planning Commission, on June 13, recommended denial of the request, but that the Planning Consultant Larry Wood recommended approval. 237.6 The City Attorney read the ordinance for the first time. Director Martin, seconded by Bumpass, moved to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 7-0. The City Attorney read the ordinance for the second time. Director Bumpass, seconded by Marinoni, moved to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the third time. 237.7 The Mayor asked if anyone present wished to speak against the ordinance. 237.8 Carolyn Miller addressed the Board, stating she had spoken against rezoning other property in the area in February, when the north side of the street was rezoned. She said at that time she and her neighbors had been somewhat reassured this wouldn't be happening again. She said "now that you've extended [the zoning) on the north side, you think it's okay to extend it on the south side." She said she agreed that R-0 was much better than more heavy commercial zoning, but asked what was wrong with "just not doing it." July 5, 1988 23E Carolyn Crook, resident of 892 Longview, said when the other R-0 zoning first 238 took place, the neighbors were somewhat assured the property would still look residential. .She told the Board that R-0 property is now half a house still standing, trees cut down and left, and it appears that it will become a parking lot. She asked what was to keep the property now under consideration from becoming a parking lot on the south side of the street. Rita Miller addressed the Board, stating the zoning coming down their street has 238 got to stop somewhere. She said she and her neighbors were really upset about The Mayor asked if anyone present wished to speak for the rezoning. 238 David Fulton addressed the Board, stating he was representing the property. owner, 238 Reece Parham. Fulton pointed out the Planning Consultant recommended approval of the rezoning. He said "all we're doing is squaring it up" and "we're still in complete accord with your resolution of February 16 of this year." He said a classic example of good planning is to buffer R-1 from C-2 by R-0. He said in this case R-0 is definitely the best and highest use of that property. Director Hess asked if re -selling the property was contingent upon this rezoning. 238 Fulton said it was not. He said the property was highly unlikely,to 'become a parking lot. He said the plan was to offer the house for lease "to someone like a one-man bookkeeping operation." Upon roll call, the ordinance passed, 6-1, Director Johnson voting. in the 238 _minority. . ORDINANCE NO. 3364 APPEARS ON PAGE itS,P OF ORDINANCE AND. RESOLUTION BOOK XX1 V FOURTH.LOT SPLIT The Mayor introduced a request from Al Gebauer for Board approval.of a fourth lot 238. . split, for property located east of Happy Hollow Road and north of 4th Street. The Mayor noted the staff recommended approval provided: 238, 1. Domestic water and fire protection is provided; 238. 2. .Sewer extended to serve the lot; 238. The necessary easements are provided for utility and street purposes; 238. The property be surveyed by a registered surveyor and a copy of the 238. survey plat and property descriptions be. furnished to the City Planning Office; and ?39.1 239.2 239.3 July 5, 1988 5. Other utilities are brought to the lot as needed. Director Marinoni, seconded by Kelley, moved the request be approved with the five conditions stipulated. Director Kelley asked if the conditions had been discussed with Gebauer. Planning Director John Merrell said the conditions were reviewed with Gebauer by City Engineer Don Bunn and Gebauer expressed no opposition. In answer to a question from Bumpass, Merrell said the development would face the existing street. The Mayor said that Gebauer did not own the original tract, but only owned tracts A and B. 239.4 Director Martin asked how far existing water and sewer would have to be extended to meet the staff's requirements. Merrell estimated they would have to be extended 200-250' at the owner's expense. Martin asked where those lines began and ended. Referring to a map in the agenda, Merrell explained a 2 1/4" water line comes down Happy Hollow Road and would serve both Tracts A and B, and the sewer line comes down Ray Avenue and Fourth Street and a little way down Happy Hollow Road. He said the sewer would have to be extended about 200' to serve Tract A. 239.5 Marinoni said he thought it should be stipulated that the sewer line be extended to serve Tract A to standards as if the property were being subdivided. City Attorney McCord told the Board those details, and the staff's recommendations, could be specified in an agreement with the applicant or in a Bill of Assurance. 239.6 In answer to a question from Hess, Fulton said if the lot split is not approved, only one dwelling could be built on the property. Hess remarked that, from the original tract, five lots would actually be created if this lot split is approved which he said bordered on being a little subdivision. He said he hated for the City planning to be done along the lines of continual lot splits. 239.7 Bumpass remarked that, since the property is zoned R-1, two single family residential homes could be built if the property is split, each home on a 1.5 acre lot, and each home facing the street. He asked for the staff recommendation on the size of the sewer line. Merrell said he would recommend extending the same size line up to the property and then run a tap if a house is ever built. 239.8 Martin commented that no further subdivision is proposed after this lot split but the staff is recommending a fairly extensive investment in infrastructure. He said no provision was being made for the property owner to recoup any amount of his investment in the event a subdivision on the west side of the road were to be developed which would benefit from the improvements this property owner would make. He said he was concerned as to whether or not the City was making a fair and reasonable request of the property owner just for one final lot split. Martin said he thought this was anything but a circumvention of the subdivision rules. 239.9 Lancaster commented that another lot split from the original tract had been made without City approval. He said he thought a 1.5 acre tract which was not within July 5, 1988 200' of a City sewer line was not required under the ordinance to hook up to the sewer line, but instead could have a septic system. Martin asked what the implication was if the expenses of the improvements are such that the property owner simply can't afford them. He asked if the property owner would be stuck with a three -acre tract. City Attorney McCord said, in that. event, the property owner could file a•subdivision plat with much smaller lots, and would have to make improvements as required by the City. Martin said what the City was doing was imposing infrastructure improvement costs in order for the owner to utilize a three -acre tract. He said no provision was being made to credit the owner for the benefits others may receive. Mayor Johnson remarked that if the City doesn't ask this owner to make the improvements, then the whole City of. Fayetteville will have to pick up the tab to extend the water and sewer line, because subdivision regulations have been circumvented due to the lot splits that have already been made. - Marinoni asked if part of the tap fee goes back to the developer, and instead of the cost of the installation, reimbursement is made to the owner for the cost of the pipeline. Linebaugh said that was not the case. Lancaster suggested the request be tabled until the Board can get answers as to who owns the original property and where the sewer line is located. 1 The Mayor reminded Director Lancaster of the location of the sewer and water lines which had been described earlier. She said it was her understanding that- the first three lot splits and Tracts A and B all belonged at one time to -the property owner, although the original tract does not belong to him now. • Bumpass suggested the staff negotiate with the property owner and report back to the Board if there is a problem. He said he assumed the property owner would have been present if he objected. Hess asked what would happen if the owner purchases the original tract. He asked if he,could request additional lot splits on that property. McCord said he could make a request but would have to have Board approval. Kelley asked if the water and fire protection would have to be provided immediately upon approval of the request or when development takes place. McCord said he thought logically the requirement would be .imposed at the time of development. Merrell concurred. Marinoni said the intent of his motion was to grant the lot split based on the five conditions, if the owner fails to meet any of the five conditions then he doesn't get the lot split, and that the conditions be met at the time of the building -permit. Upon roll call, the motion passed, 6-1, Martin voting in the minority. 240 240 240 240 240 240. 240 240, 240. 241.1 July 5, 1988 BID AWARD/AVIATION RAMP The Mayor introduced the award of bid for construction of a general aviation ramp at the Fayetteville Airport. She said the staff recommended award to the lowest of four bidders, Marinoni Construction Company, bidding $12,181. She explained the project was bid over the $10,000 budget and the staff recommends scaling down the size of the ramp from 500 to about 400 square yards of surfacing, to stay within the budget. 241.2 Director Bumpass, seconded by Lancaster, moved the award to the low bidder. 241.3 Marinoni said that Marinoni Construction belongs to his brother, John, and that he (Paul Marinoni) has no financial interest in the company. He said, for that reason, the Board is able to consider the bid. He said he would abstain from the vote because of his family name. 241.4 Upon roll call, the motion passed, 6-0-1, Marinoni abstaining. BID WAIVER/POLICE UNIFORM EQUIPMENT 241.5 The Mayor introduced an ordinance waiving the requirements of competitive bidding practices and authorization to purchase uniforms for the Police Division. 241.6 The City Attorney read the ordinance for the first time. Director Marinoni, seconded by Lancaster, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 7-0. Director Bumpass, seconded by Marinoni, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the third time. 241.7 Director Bumpass noted the informal quotation from Tuxall Equipment indicates that company to be the sole source of the shirt specified, but the staff is recommending all the equipment on the list be purchased from the same company. He asked why the other items could not be bid. Budget Officer Judy Huffaker said the staff wanted to stay with the same company because the rest of the uniform had to match in color, and in order to have the same delivery schedules for the rest of the equipment. Bumpass said he was hoping some of the equipment could have been purchased in Arkansas instead of Missouri. Director Coates said this was the only company that manufactures the specified shirt. He said the shirt featured 35% rayon and 65% dacron which outlasts a polyester shirt, and the shirt comes with a long tail, a built in zipper, and permanent pleats. He said the staff feels it is a very popular shirt and other manufacturers will be making it in the future. Bumpass said all the other items on the list had nothing to do with the shirt. Bumpass asked Huffaker if she independently verified that Tuxall was the only source or if she just accepted the information from the Police Department. Huffaker said the Police Department provided the information. She said the equipment will be bid prior to January, 1989 to verify that information. • • • July 5, 1988 Hess asked if it was too difficult to get an itemization of all the articles. He 242 remarked that the Board was essentially giving a blank check to the staff for up to $40,899. Coates said the articles were listed in the agenda. Hess said there were no prices -on the list. Mayor Johnson explained each officer was given an allowance from which they purchase items on the list. Huffaker said each individual was given $425. She said purchases were made throughout the year based on individual orders from officers, and orders were made on a per -item basis. Coates said officers do not completely change their uniform every year but place orders on an as -needed basis. He said there were .approximately 53 officers. Huffaker said the uniform budget included specialized items other than just uniform replacement. In answer to a question from Marinoni, Coates said the City provides the officers with their service weapon. Upon roll. call, the ordinance passed, 5-2, Bumpass and Hess voting in the 242. minority. ORDINANCE NO. 3365 APPEARS ON PAGE 3SY OF ORDINANCE -AND -RESOLUTION -BOOK K The City Attorney advised that, since the vote on the ordinance, was not 242. unanimous, there should be a separate vote on the inclusion of an emergency clause in the ordinance. It was so moved by Martin and seconded by Kelley. Upon.,.,=oll_call, :the motion 242. passed, 5-2, Bumpass and Hess voting in the minority. CITIZEN APPOINTMENTS The _Mayor introduced a report from the Board Nominating Committee. Director 242. Kelley, Chairman, reported the committee met and recommended the following appointments of citizens to fill positions on citizen committees: 'Arts Center Council: Sonja Decker .Arts Foundation Board: Billie J. Starr Area Transit Authority: Thom Boyd. Kelley reported the Area Transit Authority position had no established term as 242. yet but the committee recommended the initial term be for a period of one year. It was so moved by Kelley and seconded by Martin. Upon roll call, the motion 242. passed, 7-0. • A3.1 July 5, 1988 OTHER BUSINESS City Attorney McCord reported he would be out of town for ten days beginning on July 8. He said any legal questions in his absence should be addressed to City Prosecutor Terry Jones. HERBICIDE SPRAYING OF RIGHT-OF-WAY ?43.2 John Jablonski addressed the Board, stating he had been a City resident for ten years. He said last week the City Street Department used a defoliant around his house in the City right-of-way. He said this was an area he had planted with flocks, vinca, Virginia creeper and rosebushes. He said when he moved into the house the area was overgrown with weeds and brush and he was trying to beautify it. He said the. Street Department wiped out three years of effort last week. He said he could understand pinpoint application but wondered if the worker was licensed and had been instructed in proper use of the defoliant. He asked why it was necessary to spray beyond the property line. He said he has a brown spot in front of his house which "looks like hell." Jablonski said he spoke with City employee Bob Kelly who assured him something would be done about it. He said he resided at 109 South University. a43.3 Mike Batie, Public Works Director, said he was familiar with the incident of over -spraying. He said it was discussed with the property owner and the City horticulturist has estimated the damage and will replant. He said Bob Kelly took street maintenance workers to the property to make sure they understand what is to be sprayed. Batie apologized for the spraying of the area which was being tended in the right-of-way. He said the intent is to spray in the curb and gutter and sidewalk area and areas which have not been maintained or cut for years. He said it was unfortunate that sometimes things like this happen and they are trying to correct the damage. Jablonski said the worker was not skilled in the work he was doing and Bob Kelly told him he probably didn't know the difference between flowers and weeds. He said that was not an acceptable explanation because in no place other than two lots did the worker broadcast spray in the manner he did. Jablonski said he just wanted the City to try and restore the area to the way it was, and did not expect any monetary consideration. He said he questioned the ability of the worker. He said he understood you had to have certain schooling to use herbicides. Batie said that was not the case with the herbicide the City was using. Batie said the City would make sure the worker understands what he should be spraying. Jablonski said he questioned the use of herbicide in residential areas. 243.4 Director Marinoni asked what trade name chemical was being used. Batie said the City was using some left -over Konokil which he said was a naphtha based herbicide which left an odor. He said when that was used up the City began using another type which is not naphtha -based and does not have an odor. He said the City is trying to not only get rid of weeds in rights-of-way but is trying to get back to using bermuda grass. Marinoni asked if the herbicide was sterilizing the soil. Batie said he did not believe it did but would find out for sure. July 5, 1988 Lancaster asked if the spraying was only being done on City property. Batie said 244 the employees are instructed to spray . only in the right-of-way. He said he thought the.area in this case had been overworked and he was trying to work with the citizen. The Mayor asked if the Board could drive by the area on the next Board tour. 244 ADJOURNMENT The meeting was adjourned at about,8:25_p.m. 244, • •