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HomeMy WebLinkAbout1988-10-04 Minutes01.0 MINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, October 4, 1988 in the Directors' Room of the City Administration Building, 113 W. Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Johnson, Directors Martin, Kelley, Marinoni, Bumpass and Lancaster; City Manager Pennington, City Clerk McWethy, members of the staff, press and audience .ABSENT: Director Hess CALL: TO ORDER The meeting was called to order by the Mayor, with six Directors present. The 318. Mayor asked for a moment of respectful silence. CONSENT AGENDA The Mayor introduced consideration of the consent agenda, containing the 318.. following items: Approval of: A. Minutes of the September 20, 1988 Board meeting;. B. Award of Bid #860, for personal computers, printers and computer accessories and supplies, and request for budget adjustments; The Purchasing Office recommends award to the lowest bidders in each case (Government Technology Services, Inc. of Chantilly, Virginia; National Research Service of Rogers,. Arkansas; Computer Plus of Springdale, Arkansas; and Entree Computer Center, Computer Land and Master Systems, each in Fayetteville). Total Bid: $40,136.51 All equipment is within budgeted funds, with the exception of those requesting budget adjustments as follows: Budget & Research - Laser printer: 2,540 City Shop - PC, printer & accessories: 4,804 Water & Sewer - Letter quality printer: 815 Total Budget Adjustments: 8,159 C. Award of Bid #867, for a drive-in teller drawer and a unit. heater; . The Purchasing Officer and Business Office Manager recommend the award to the lowest of five bidders, Webster Safe and Lock Co., Inc. Total Bid: $2,623.50 1988 Budget: $5,000.00 318.. 318. 318.' 1.J A. October 4, 1988 319.1 D. Award of Bid #871, for tractor hydraulic fluid and engine oil; The Purchasing Office recommends award to the lowest of two bidders, Specialty Oil Company of Rogers, Arkansas; Total Bid: $7,440. 319.2 319.3 319.4 E. Award of Bid #876, for "gateway system" computer equipment for the City's computer mapping system; award of Bid #859 for two computer "power backup systems" (UPS); and a request for a budget adjustment; The Purchasing Officer recommends award of the "gateway system" to Entre Computer System of Fayetteville, the only bidder; and recommends award of the UPS to the lowest of four bidders, Cory Products Company of Dallas, Texas. Bid for "gateway system": $12,030.07 Bid for "UPS": 13,994.00 Total Bids: 26,024.07 1988 Budget: 24,000.00 Budget Adjustment: 3,200.00 F. Award of Bid #877, for water system improvements in Greenland and Farmington; These improvements include the installation of new 6" water lines as shown on page 1.27 and is the third project in a five-year improvement program which was funded out of the most recent City of Fayetteville water rate increase. The City Engineer recommends award to the lowest of five bidders, Fochtman Enterprises. Total Bid: $51,700 1988 Budget: $55,000 RESOLUTION: G. Authorizing a modification to the contract with Huber, Hunt & Nichols, Inc., for the construction of the Wastewater Treatment Plant; The Public Works Director recommends approval of the proposed change, which would include an upgrade to denitrification pump motors, the addition of dust protection to the bottom of filter consoles, the addition of insulation to the engine generator exhaust piping, the location of four level switches at the aerobic digesters, and a change in the type of pipe from PVC to copper on a line in the blower building. Total Cost: $9,143 319.5 Director Martin, seconded by Kelley, moved approval of the consent agenda. roll call, the motion passed, 6-0, Director Hess being absent. RESOLUTION NO. 72-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK Upon 14; REZONING/R88-15 October 4, 1988 3;:;0 The Mayor introduced consideration of an ordinance rezoning approximately three 320. acres, located north of Old Farmington Road and west of Shiloh Drive, from A-1 "Agricultural" to R-1 "Low Density Residential." She said the Planning Commission heard a petition submitted by Otto and Anna Wolf (by Sharon Duncan) on .September 26, 1988, and recommended approval, 8-0. She added that the Planning Management Director recommended approval as well. The City Manager read the ordinance for the first time. Director Bumpass, . seconded by Kelley, moved to suspend the rules and place the ordinance on its second reading: Upon roll call, the motion passed, 6-0. The ordinance was read 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, 6-0. The ordinance,was read for the third time. • 320. The Mayor asked if anyone present wished to speak against the ordinance. No 320. public comments were expressed and, upon roll call, the ordinance passed, 6-0, Hess being absent. ORDINANCE NO. 3382 APPEARS ON PAGE Yof, OF ORDINANCE AND RESOLUTION BOOK XX/V REZONING/R88-18 The Mayor introduced an ordinance rezoning approximately three acres located at the northeast corner of Stonebridge Road and Highway 16 East, from A-1 "Agricultural" to C-2 "Thoroughfare Commercial". The Mayor said the petition, submitted by David Ferguson, for Preston and Eunice Ferguson, was heard by the Planning Commission on September 26, 1988 and the commission recommended approval, 7-1. She reported the Planning Management Director recommended approval of rezoning, but with the following comment: 320. Although the staff does not wish to see the evolution of a continuous 320.! commercial strip along Highway 16 from Crossover to Lake Sequoyah, this rezoning does have some merit. In light of other commercial zoning and businesses in the immediate area, the staff is recommending that the request be approved. However, it is recommended that the request be approved only for_the first 300 feet of frontage along Highway 16 east of Stonebridge with 200 feet of depth off of Highway 16. Should the Fergusons later wish to develop the eastern half of their property, they may apply for a lot split and rezoning at that time. The City Manager read the ordinance for the first time. In answer to a question 320.E from Director Bumpass, it was clarified that the ordinance was read for the entire parcel, as recommended by the Planning Commission. Director Martin, seconded by Kelley, moved to suspend the rules and place the 320.', ordinance on its second reading. Upon roll call, the motion passed, 6-0. The 321.1 ordinance was read for the second time. made a motion to further suspend the rules and final reading. Upon roll call, the read for the third time. October 4, 1988 Director Bumpass, seconded by Martin, and place the ordinance on its third motion passed, 6-0. The ordinance was 321.2 The Mayor asked if anyone wished to speak against the ordinance. comment was expressed. No public 321.3 In answer to questions from Director Bumpass, Planning Director Merrell said the applicant proposes to build on the part of the property closest to Stonebridge Road. He said, although other rezonings in the area had been granted, none were of the magnitude of 600 feet of frontage along the highway. He said he preferred the more conservative recommendation for rezoning the western 300 feet, because he had no knowledge of what might happen with the remainder of the property. Marinoni asked if the staff recommendation would satisfy the applicant's building needs. Merrell said, at the Planning Commission meeting, the applicant stated he wouldn't be satisfied, due to topographic reasons. 321.4 David Ferguson addressed the Board, stating the 300' recommended would not be adequate for his needs because of the location of a ravine which falls off sharply. He said he proposed to build an 80' x 150' building and felt it would not fit on the area recommended to be rezoned by the staff. 321.5 Marinoni said he was reluctant to vote for rezoning 600' of frontage on the highway, stating it typified strip zo Stonebridge Road a major intersection with towards the recommendation of the staff to ning. He said he didn't consider Highway 16. He said he would lean rezone 300'. 321.6 Director Martin said he thought the applicant was requesting rezoning for no less of an intense use than commercially -zoned property across the street. In answer to a question from Martin, Ferguson said the ravine makes the westernmost part of his property inaccessible. 321.7 Martin said that, although it seemed the Board had not yet received the September 26 Planning Commission minutes, the agenda indicated the commission voted 7-1 to recommend the rezoning. He said he planned to support the rezoning for that reason. 321.8 In answer to a question from -the Mayor, Ferguson said he planned to build on the eastern, not western, edge of the property. He said the depth of the property he wished to have rezoned was 200' from Stonebridge Road. He said property directly across the street was zoned C-1. 321.9 Lancaster said he would support the rezoning of the 300'. He said he felt this was not a major intersection. He said he preferred to wait until the City had new land use regulations. 321.10 Marinoni asked how deep the ravine was and if it could be boxed up and covered over. Ferguson said it probably could, stating the ravine was probably 8-10 feet deep. October 4, 1988 Director Marinoni moved the Board approve the recommendation of the staff for -rezoning 300' of frontage on Highway 16, and 200' deep, and to so amend the ordinance.. The motion was seconded by Lancaster. Martin said he thought that would deprive the applicant of a use that is compatible with existing zoning across the street and almost all the way back to the west, and some C-1 zoning along the highway to the east. He said he thought this would deny the owner the right to a reasonable use of his land. Director Bumpass said he agreed with Marinoni, stating that this was a case study in strip zoning.; In answer to other questions from Directors, Ferguson said he would like to get started on Construction, and said he planned to put his construction company office in the building, along with a warehouse for his equipment, and possibly space to lease. -Upon roll call, the motion failed to pass, 3-3, Directors Marinoni, Bumpass and Lancaster' voting "yes" and Directors Martin, Kelley and Johnson voting "no". Bumpass asked Ferguson if the intended use wouldn't lend itself to R-0 zoning. Ferguson said he wanted to keep -the option of leasing part of the building, and a potential tenant might require C-2 zoning. John Merrell told the Board they had the alternative to refer the matter back to the Planning Commission. Director Kelley stated, in light of the fact that the Board had not received the ,Planning Commission minutes, he would move to table until the next meeting: The motion was seconded by Johnson. Upon roll call, the motion passed, 4-2, Directors Martin and Lancaster voting in the minority. Ferguson told the Board the drainage from Stonebridge runs through the gully and said, if : that could be corrected and the City could get the water running down the street instead of across the property, "that would be another thing to consider." Director Marinoni requested that the Board receive a drawing showing the corner, the location of the gully, and the location of the proposed building, with minimum setbacks and parking requirements shown, and how the building would ,relate to the gully. ALLEY VACATION/ROGERS PLACE ADDITION The Mayor introduced a request from Clement A. Day for an ordinance vacating and abandoning a portion of an east -west alley located between Lighton Trail and Rodgers Avenue, in the Rogers Place Addition. 322. 322. 322.. 322. 322.' 322.1 322.' 322.1 322. 322.: 322.] October 4, 1988 323.1 The City Manager read the ordinance for the first time. Director Bumpass, seconded by Marinoni, moved to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 6-0. The ordinance was read 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, 6-0. The ordinance was read for the third time. 323.2 The Mayor asked if anyone wished to speak against the ordinance. A citizen, speaking from the audience, asked for the width and length of the alley, and wanted to know if it was being used by the City Sanitation Department. The Mayor told the citizen the alley was platted but had never been open or used as an alley. She told him it had never been used by sanitation trucks. Planning Director Merrell said the alley was about 650' long and about 22' wide. 323.3 Upon roll call, the ordinance passed, 6-0. ORDINANCE N0. 3383 APPEARS ON PAGE '/0 Z OF ORDINANCE AND RESOLUTION BOOK KY/ APPOINTMENTS 323.4 The Mayor introduced a report from the Board Nominating Committee regarding appointment of citizens to fill vacant positions on the Board of Adjustment and Electrical Advisory Board. 323.5 Director Kelley, Chairman, reported the committee recommended the appointment of Robert H. Davis to the Board of Adjustment, and of Stephen McGehee and James McGinty to the Electrical Advisory Board. It was so moved by Kelley and seconded by Martin. Upon roll call, the motion passed, 6-0. OTHER BUSINESS CITIZEN COMMENT/RICK MC NAIR 323.6 Rick McNair addressed the Board, stated about eight years ago he and C. R. Magness built an office on the corner of Green Acres Road and Elm Street and, at that time, were told that a row of trees must be torn down because of a City ordinance. He said they wrote a letter and the City agreed it was stupid to make them tear down trees to build a sidewalk. He said recently he discovered four of his maple trees had been torn down to a height of about 10' from the ground by SWEPCO in order to get the trees out of the way of the power lines. He said, in talking with SWEPCO, he was told they had changed their policy about pruning trees. 323.7 McNair suggested something should be done, such as the forming of a commission consisting of perhaps a City Board member, a SWEPCO representative, and other interested citizens, to figure out a better way to trim the trees away from the lines. McNair said he would feel real bad if he didn't take some affirmative f s.. October 4, 1988 action and if he were to drive down Washington Avenue or Maple Street and see the 324. same thing happen to those Maple trees. He said walnut trees on Stubblefield Road have been cut down to about 15 feet from the ground. He said he was sure those trees would grow back, as SWEPCO told him, but he thought they wouldn't grow back during our lifetime. McNair said he didn't know that the City had any influence with SWEPCO but knew 324. if there was impetus by the City Board for SWEPCO to join a group to help solve the problem, then everybody would feel better about it. .Martin said it was a property rights matter between the property owners and the 324. utility companies to whom they have given easements. He said he thought there was some hope because he was convinced there would be some benefit if the City staff would meet with the local utilities and discuss the minimization of peripheral damage to easements. McNair said he felt there was a certain urgency about the problem because other 324. trees maybe on SWEPCO's list for tomorrow. Bumpass said he looked at the trees on Stubblefield and Green Acres Road and 324. believes there has been a drastic change in SWEPCO's policy. Bumpass moved the Board pass a resolution stating they would like SWEPCO to meet with City staff and pull the contractor off the job for a few days until the matter can be reviewed. Bumpass said the trees had literally been butchered. There was no second to the motion. Lancaster_said, due to his many years with a utility,company, he didn't think it 324. would be appropriate for him to comment. Martin said he fully supported the staff's ability to deal with the issue but was 324. concerned about resolutions that require people to do things. He said a utility company probably has the legal right to clear its easement. McNair said if a committee were formed options could be explored such as it being 324. up to a homeowner to keep his own trees trimmed if he desired to do so. The Mayor said she thought the staff would meet with SWEPCO between now and the 324. next Board Agenda Session. She asked that the issue be placed on the agenda for Wednesday, October 12 at 8:30 a.m. .In answer to a question from Director Kelley, City Manager Pennington said he 324. would attempt to visit with SWEPCO tomorrow. CITIZEN COMMENT/SAM GUIDO Sam Guido, resident of Hillcrest. Towers, 1 N. School Avenue, presented the Board 324. with a petition from the residents of Hillcrest Towers, requesting the Police Department to patrol the three parking lots at Hillcrest Towers Housing Project 325.1 325.2 October 4, 1988 on a regular basis, during the hours of darkness. Guido expressed concern over vandalism of vehicles in the lots. Guido said it took him three days to see the Police Chief after damage had been done to his vehicle. He said he explained the problem to the Chief and the police patrolled the lots for three days and nights and then stopped. He said he tried to see the City Manager but he was busy, so he explained the situation to his secretary. He said the police patrolled again for a couple of nights and stopped. 325.3 Guido read the petition to the Board and said the residents would appreciate a response to their request that the police patrol the lots on a regular basis. 325.4 Guido suggested that Board meetings begin with the Pledge of Allegiance. He also recommended the City Manager reserve three hours per week in the afternoon and a couple of hours in the evening for citizens who want to speak directly to the Manager. 325.5 The Mayor asked Mr. Guido to give his petition to the City Clerk so that copies could be made for Directors. CITIZEN COMMENT/VICKIE KELLEY 325.6 Vickie Kelley reported the Recycling Coalition held a press conference on September 26 and some figures were reported at that time. She said a public opinion survey was conducted of over 600 people. She said 70% already recycle voluntarily for reasons of (1) conservation of resources; (2) to save landfill space; (3) to keep the environment clean; and (4) for the future of the planet. She said 59% felt they had an average knowledge of recycling, but 92% felt recycling was very important. She said the coalition felt 92% support mandatory deposit laws on bottles, jars and cans. She said 60 cubic yards of newspaper were recycled on the day of the rally, 80 cubic yards of aluminum, and 86 55 - gallon drums full of glass. She said four 1,000 -pound bales of cardboard were baled. She said 18 tons of waste was recycled that day, meaning 36% of the residential waste stream was recycled voluntarily. 525.7 Kelley said numerous municipalities across the country have mandated recycling. She said the coalition encouraged and supported the city's planned recycling program She asked the City to let the coalition help and let them be involved in the recycling effort. CITIZEN COMMENT/GLENN DAY 125.8 Glenn Day addressed the Board, stating he resided in Rogers, Arkansas but owns property on Lighton Trail. He said when he petitioned the City to close an alley he didn't look forward to the process but found everyone he came in contact with in the city organization was professional and treated him with the utmost O4U October 4, 1988 .respect. He mentioned City employees Perry Franklin and Wally Brt. He thanked 326 - the City of Fayetteville and said he was looking forward to living here. CITIZEN COMMENT/CYRUS YOUNG Cyrus Young said the Springdale News reported that there had been apparent 326. violationsof the Board's Rules of Procedure at the special Board meeting held on October 3, 1988. Young said one of these rules was that "no business shall be transacted at any special meeting of the Board unless the same has been stated in the, notice of such meeting." He said there was a requirement for notification of people._ He asked if the Board had been`in violation of its own Rules. The Mayor said the Board was not in violation and stated anytime the Board meets 326. in a general session they may conduct any business which comes before the meeting,. She said, she was unaware that the: Dickson Street issue was not on the agenda. She said the newspaper reported that the Board would consider that item on October 3. She remarked that, since Young had been present, obviously he knew the item would be on the agenda. Young asked the Mayor if she attempted to get the item on the agenda. The Mayor said when the Board asked for the Attorney General's opinion they indicated they would discuss it on October 3. Young asked if the Board's Rules require them to notify anybody about a special board meeting. The Mayor said the Board was required to notify that a special meeting will be called. COMMENTS FROM DIRECTOR BUMPASS Bumpass said there had been discussion during the Board tour about vandalism and an apparent brawl around the cross on Mt. Sequoyah. He said he received a call from a citizen who indicated there were not only teenagers drinking in that area, but there' were smashed windshields and beatings, and a group of teenagers broke into her house and terrorized her and her children. She said there were other citizens on Skyline Drive who are finding the situation almost uncontrollable due to the number of youngsters drinking and fighting in the area. He said he promised this citizen he would mention this under Other Business. Bumpass said -those citizens would like more patrols of this area. CITY MANAGER EVALUATION The Mayor introduced the evaluation of City Manager James Pennington relative to the performance of his duties for the first year of his employment with the City of Fayetteville. 326. 326. 326.1 326. October 4, 1988 327.1 Director Martin, seconded by Marinoni, moved the Board go into executive session to consider the evaluation of the City Manager on the performance of his duties during the first year of his employment. Upon roll call, the motion passed, 6-0. There was a recess from 8.55 to 9:00 p.m. 327.2 The Board met in executive session from 9:00 p.m. until 9:30 p.m. when Mr. Pennington was invited into the session. The Board returned to its regular session at about 10:10 p.m. 327.3 The Mayor reported the results of the executive session were that the Board believes Pennington has done an excellent job, has done a good job of staff selection, has exceptional organizational and technical skills and is putting those to good use in the City of Fayetteville. The Mayor said, in light of that, she moved that the City Manager's salary be increased to the median population for the United States - $61,871. The motion was seconded by Martin and, upon roll call, the motion passed, 6-0. ADJOURNMENT 327.4 The meeting adjourned at 10:15 p.m.