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HomeMy WebLinkAbout1990-01-02 MinutesMINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, January 2, 1990 at 7:30 p.m. in the Directors' Room of the City Administration Building at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor William Martin; Directors Michael Green, Russ Kelley, Ernest Lancaster, Paul Marinoni, Jr., Shell Spivey and Fred Vorsanger; Assistant City Manager Scott Linebaugh, City Attorney Jerry Rose, City Clerk Sherry Thomas; members of the staff, press and audience CALL TO ORDER The meeting was called to order by the Mayor, with seven Directors present. The Mayor asked those present to stand and recite the Pledge of Allegiance, and then asked that a brief moment of respectful silence be observed. The Mayor welcomed the public watching the meeting on television, and those present in the audience. He said everyone present would' have an opportunity to address the Board on every item under discussion. He asked that those wishing to speak introduce themselves, give their place of residence, keep their comments concise and non -repetitive, and address the entire Board. He said any questions for the Board or staff should be directed to the Mayor. CONSENT AGENDA The Mayor introduced consideration of items which may be approved by motion, or contracts and leases which can be approved by resolution, and which may be grouped together and approved simultaneously under a "Consent Agenda." The Mayor explained that the Consent Agenda represents items on which there is thought to be unanimous agreement by the Board, but pointed out any Director may request the removal of an item from the Consent Agenda. The Mayor read the items contained in the consent agenda, as follows: A. Minutes of the December 19, 1989 regular Board meeting; B. A resolution authorizing the purchase of a One (1) Ton Crew Cab Dual Rear Wheel Heavy Duty Cab/Chassis with mounted 3 -way Tipper Style Dump Bed, and approval of a budget adjustment; Staff recommends award of Bid #89-55 to the lowest bidder, Ron Blackwell Ford of Bentonville, Arkansas, for the amount of • 1 January 2, 1990 $23,019.00 of which $18,000.00 was budgeted, requiring a budget adjustment of $5,000.00. RESOLUTION 1-90 RESOLUTION BOOK APPEARS ON PAGE OF ORDINANCE AND C. A resolution authorizing approval for the payment of $21,033.21 to the Niblock Law Firm for services rendered from November 2 -December 4, 1989 on the incinerator project; RESOLUTION 2-90 RESOLUTION BOOK APPEARS ON PAGE OF ORDINANCE AND D. A resolution authorizing the expenditure of up to 10% of the amount in the 1989 Budget until the 1990 Budget is approved; RESOLUTION 3-90 APPEARS ON PAGE RESOLUTION BOOK OF ORDINANCE AND E. A resolution authorizing awarding Bid #89-56 for one (1) Metal Storage Building to the low bidder, Pinnell, Inc., of Fayetteville in the amount of $26,900.00, and approval of a budget adjustment; Staff recommends approval of the bid. The additional funding will come from the Vehicles and Equipment Account which has a surplus available from the purchase of a service truck which cost less than budgeted. RESOLUTION 4-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR F. A resolution authorizing the approval of a Building Encroachment Agreement for the purchase of the Sugg property; After the agreement was made to purchase the Sugg property for $30,000 for use as Art Center Parking, it was discovered that the existing building encroaches upon the old Spring Street right of way as well as the existing Spring Street right of way. Staff recommends proceeding with the purchase and approving the Encroachment Agreement. Marinoni asked that item F be removed from the consent agenda. Kelley, seconded by Green, made a motion to approve the Consent Agenda excluding item F. Upon roll call, the motion passed unanimously. January 2, 1990 1,0 Marinoni stated that the Encroachment agreement was not currently in the correct form to allow it to be recorded at the county courthouse and felt the document should be recorded to protect the City's interest in the future. City Attorney Rose stated he agreed and would amend the agreement so that it could be recorded. Kelley, seconded by Green, made a motion to approve item F with the amended agreement. Upon roll call, the motion passed unanimously. RESOLUTION 5-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK REZONING Mayor Martin introduced consideration of an ordinance rezoning property as requested in Rezoning Petition #R89-34. Size of Parcel: 5.06 acres Location: Northeast corner of Joyce Street and Valerie Drive Petitioner: James Kinnally Change requested: From A-1 "Agricultural" to R-1 "Low Density Residential" Planning Commission Action: Recommended approval by a vote of 8-0-0 to rezone the property. The Staff recommends approval of this rezoning request as it does not conflict with any other City plans or policies or with the growth trends of the area. The ordinance was read for the first time. Director Kelley, seconded by Vorsanger, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the second time. Director Kelley, seconded by Vorsanger, made a motion to further suspend the rules and place the ordinance on its third and final reading. The ordinance was read for the third time. Upon roll call, the' ordinance passed by a vote of 7-0. ORDINANCE NO. 3468 RESOLUTION BOOK /')( V APPEARS ON PAGE /7.f OF ORDINANCE AND SUMMERCORN COLLECTIVE COMPANY, INC. Mayor Martin introduced consideration of a resolution Summercorn Collective Company, Inc., as being -entitled Enterprise Zone Program in the City of Fayetteville. recognizing to the State r January 2, 1990 Summercorn Collective Company, Inc., is renting space at 401 Watson and wishes to participate in the tax refunds and exemptions as provided in the State Enterprise Zone Program. Lancaster, seconded by Vorsanger, made a motion to approve the resolution. Upon roll call, the motion passed unanimously. RESOLUTION 6-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK PROPERTY CLEANUP/WEST MITCHELL STREET Mayor Martin introduced consideration of an ordinance ordering the abatement of unsightly conditions and the razing and removal of unsafe structures located at 1723-1725 West Mitchell. Staff recommends approval of this ordinance. This condemnation is requested for the vacant, dilapidated, and unsafe building owned by Myrtle Winkle and Madeline Tribble. The ordinance was left on its first reading at the November 7th Board meeting. The ordinance was considered again at the December 19th Board meeting, but there was no motion to move it to second reading. Assistant City Manager Linebaugh stated the property owners had been in touch with him today stating they had signed a contract with a demolition company to remove the structure. He recommended that the Board take no action on this item to give the property owners time to remove the structure and clean up the property. Lancaster asked what sort of time frame was involved in getting the property removed. Linebaugh stated he understood the project would begin as soon as possible. - There being no further discussion, the item was left as it currently stands before the Board. WASTEWATER TREATMENT FACILITY Mayor Martin introduced consideration of a resolution authorizing and directing Assistant City Manager, Scott C. Linebaugh, to execute all documents necessary to expedite completion of all phases of improvements to the City's Wastewater Treatment Facility. Linebaugh stated this was required by the EPA. Former City Manager James Pennington had been the person designated to execute all related documents. Marinoni, seconded by Kelley, made a motion to approve the resolution. Upon roll call, the motion passed unanimously. RESOLUTION 7-90 APPEARS ON PAGE RESOLUTION BOOK OF ORDINANCE AND OTHER BUSINESS January 2, 1990 ROBSON LAWSUIT Vorsanger pointed out that the hearing date for the Robson Lawsuit was January 16, 1990. He asked City Attorney Rose if the Board members should be present. Rose stated they would not be needed to testify, etc., but would be welcome as an observer. Vorsanger asked for an explanation of Judge Oliver Adams' letter regarding the motions that were to be decided upon at the hearing. Rose stated Judge Adams was informing the attorneys that there are essentially two motions before the court that will be decided. The first is a motion for summary judgment by Union National Bank, one of the parties to the action. Their motion says if you look at the law and the facts as agreed upon and don't argue about the facts of the case whatsoever, then there is no cause of action under the law. Then summary judgment could be entered on behalf of Union National Bank in favor of the City. If this happens, the lawsuit as far as the City is concerned, is essentially over. Although there would be some appellate rights left. The second motion is one that has been filed by the City to dismiss the Robson suit. That motion basically says procedurally the plaintiff, Mr. Robson, has not named some essential parties to the lawsuit, and because he has not done so, the complaint should be dismissed. If the City is successful on this point, the lawsuit is probably not over at that point. Mr. Robson would probably be given time to add the additional parties or amend his complaint to add the additional parties. The final motion filed is one by Robson for his attorney fees. Mr. Robson's attorneys must feel there is some reason to have an award of attorney fees. Vorsanger asked about the last paragraph of the letter. Rose stated the two main motions are quite different and different points of law. But the judge feels it would be much more efficient to address all motions in a single hearing. NOMINATING COMMITTEE The nominating committee will announce its recommendations for city boards and commissions at the next meeting to allow applications for positions not previously applied for. LEADERSHIP OF FAYETTEVILLE CLASS Vorsanger stated the new Leadership of Fayetteville Class will begin on January 11, and all of the City Directors and Chamber of Commerce Directors, and Quorum Court members have been invited to • 5 January 2, 1990 meet the new class at 4:00 p.m. on January 11 at the Continuing Education Center. STAFF COMMENDATION Mayor Martin commended all City Staff that worked so hard over the extremely cold weather period and during the Christmas holidays. Lancaster commended Phyllis Rice of the Northwest Arkansas Times and Floyd Carl of the West Fork Observer for their articles about the water, street and sewer department workers during the cold weather. ADJOURNMENT The meeting adjourned at 7:55 p.m.