Loading...
HomeMy WebLinkAbout1990-07-03 MinutesMINUTES. OF A MEETING OF TES CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, July 3, 1990 at 7:30 p.m. in the Director's Room of the City Administration Building at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor William Martin; Directors Shell Spivey, Michael Green, Ernest Lancaster, Russ Kelley, and Paul Marinoni, Jr.; City Manager Scott Linebaugh, City Attorney Jerry Rose, City Clerk Sherry Thomas; members of the staff, press and audience. ABSENT: Director Fred Vorsanger CALL TO ORDER The meeting was called to order by the Mayor with six 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 those present in the audience and those watching the meeting on television. 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. PRESENTATION A Certificate of Achievement for Excellence in Financial Reporting was presented to Mayor Martin, City Manager Scott Linebaugh, and Administrative Services Director Kevin Crosson on behalf of the City Staff and Directors. The presentation was made by Wyman Morgan, Financial Director of the City of West Memphis, Arkansas on behalf of the Arkansas Governmental Finance Officer's Association. CONSENT AGENDA The Mayor introduced consideration of items which may be approved by motion, or contracts -or leases which- can be approved by resolution and which may be grouped together and approved simultaneously under a "Consent Agenda".. The Mayor explained that there is thought to be unanimous agreement by the Board, but pointed out that 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: ' • 4,15 2'16 July 3, 1990 A. Minutes of the June 19, 1990 regular Board meeting; B . A resolution authorizing payment of $26,647.43 to the McDermott, Will & Emery Law Firm for services rendered on the Incinerator Disengagement Lawsuit; RESOLUTION 102-90 APPEARS ON PAGE 07 ORDINANCE AND RESOLUTION BOOK C. A resolution approving a utility agreement for preliminary engineering on water and sewer relocation for Highway 180 (Sixth Street) for the Highway 180 Railroad Grade separation with McGoodwin, Williams & Yates. Staff recommends approval of the budgeted item at a cost of $22,131.99 which is not reimbursable because the water and sewer lines are located in the street right-of-way; RESOLUTION 103-90 APPEARS ON PAGE 07 ORDINANCE AND RESOLUTION BOOK D . A resolution approving amendments for engineering contracts with ETC Engineers, Inc., for the Lift Station Telemetry project and the Manhole Rehab/Sewer Flow Monitoring/Water Works Telemetry project in the amount of $34,048.00, and the approval of a budget adjustment of $11,639.00. Staff recommends approving the amendments in the budgeted projects. A major portion of the increase is due to the full time inspection to insure the highest quality workmanship, materials, and equipment installation; RESOLUTION 104-90 APPEARS ON PAGE 07 ORDINANCE AND RESOLUTION BOOK E . A resolution approving Change Orders No.1 and 2 for the Highway 71 -Cato Springs Road water and sewer relocation project in the amount of $20,894.08. Staff recommends approval of the change orders which are a result of the Highway Department placing fill over the area where two combination bore and open -cut crossings were to take place. The $3,357.10 cost of Change Order No.1 is eligible for 84% reimbursement by the Highway Department, and Change Order No.2 is 100% reimbursable; RESOLUTION 105-90 APPEARS ON PAGE 07 ORDINANCE AND RESOLUTION BOOK F. A resolution awarding a construction contract to J.D. Sweetser, Inc., for Group "C" water line replacements at a cost of $192,582.00. Staff recommends approval of the contract which is a budgeted project. Because of the July 3, 1990 corrosive nature of the soil, the contractor will use PVC pipe rather than cast iron; RESOLUTION 106-90 APPEARS ON PAGE OP ORDINANCE AND RESOLUTION BOOK • G. A resolution authorizing the expenditure of the $125,000 grant funds from the Arkansas Industrial Development Commission for improvements to Pump Station Road. Staff recommends approval of the project. The grant allows for only $16,000 to be spent on engineering fees; therefore, the.City will have to pay the additional $3,920.00 for the engineering fees. The total project is expected not to exceed the $125,000 grant amount. Mayor Martin requested that Item F (Construction Contract to J.D. Sweetser) be moved from the Consent Agenda. Marinoni, seconded by Kelley, made a motion to approve the consent agenda. Upon roll call, the motion was unanimously adopted. SWEETSER CONSTRUCTION CONTRACT Mayor Martin questioned staff as to why the award of contract went to J.D. Sweetser. Linebaugh answered that he was the lowest bidder. Martin also asked ifthis was the first contract with Sweetser, and Linebaugh stated that the' City had entered into several rather large contracts with Sweetser. Martin questioned Linebaugh regarding a meeting held that very day on the subject of school construction and improvements and asked if Sweetser was a member of a group attempting to limit- the financial funding available to the school system for that project. 4 Director Kelley stated that he also attended the meeting and felt that everyone present was in favor of•better education and school system improvements. He stated that in spite of some disagreements in the past, Sweetser has been awarded several large contracts in times past and has done an'exceptional job on them. Mayor Martin pointed out that Sweetser's professional contributions to the community and the bid for the water line must be judged on their own merits, but he also stated. that he found it ironic at least that the City awarded. large contracts to someone who complained so bitterly about the City's treatment of him and had so little regard for his neighbors. After voicing those views, Martin reminded everyone that it was the lowest bid and made a motion for approval, which was seconded by,Kelley. Director Green stated that he had been involved in a number of construction contracts in the past and felt -that the Board could .410 July 3, 1990 not allow personal opinions to influence the free and open bidding process, then thanked the Mayor for his comments. Mayor Martin urged the citizens, business and professional leaders of the community to talk openly to the City Board and staff regarding policies and to offer constructive ideas as well as questions. He stated that the school system is in dire need at present and he reminded everyone of the importance of a strong educational system, good teachers, and high standards for the children of Fayetteville and how the City Board has stood up for these very things. He again emphasized the fact that people should bring grievances to the Board and try to work out a solution. Upon roll call, the resolution was unanimously adopted. RESOLUTION 107-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK REZONING I Mayor Martin introduced an ordinance rezoning properties requested in Rezoning Petition R90-10. Location: Northwest corner of Shady Avenue and Pear Street. Property Owner: Don Ruble Change Requested: To rezone from R-1 "Low Density Residential" to C-2 "Thoroughfare Commercial". Size of Parcel: Lots 1,2,3,9 and part of Lot 8, Block 1 of Parker's Path of the Valley View Addition. Martin stated that staff recommended approval and that the Planning Commission voted unanimously to recommend rezoning. The ordinance was read for the first time. Marinoni, seconded by Kelley, moved to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed 6 to 0. The ordinance was read for the second time. Marinoni, seconded by Martin, moved to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed 6 to 0. The ordinance was read for the third and final time. Planning Management Director John Merrill stated that the rezoning is subject to a bill of assurance voluntarily offered by Ruble and his attorney. Martin asked if the ordinance needed to be amended to reflect the bill of assurance. Rose stated that as long as the bill of assurance was signed and duly recorded, it would not be necessary to amend the ordinance. July 3, 1990 Merrill stated that the bill of assurance addressed the fact that the property would only be used for Ruble's moving and storage business and that the construction of a new building on the property would conform to the zoning ordinance and building codes. It also stated that no free-standing ground, wall or projecting signs would standin excess of 10' in height. Director Green questioned whether it would have been more appropriate to ask for a conditional use rather than a rezoning. Merrill answered that the underlying zoning of the property was R-2 Residential which would not allow a moving and storage business either by right or conditional use. The Bill of Assurance does run with the land, so in the future, if the property was sold to someone desiring to use it for C-2 purposes not allowed under the bill of assurance, the owner could petition the City to remove the stipulation from the .bill of assurance. Upon roll call, the ordinance was adopted by a vote of 6 to 0. ORDINANCE 3488 APPEARS ON PAGE0139 OF ORDINANCE AND RESOLUTION BOOK XX✓ REZONE II -Mayor Martin introduced an ordinance to rezone property as requested in R90-15 submitted by Mark Martin. Size of Parcel: 1.68 acres Location: 2143 Green Acres Road Change requested: From R-1 "Low Density Residential" to R -O "Residential Office": t. Martin stated that staff recommended approval and the Planning Commission voted to recommend rezoning unanimously. The ordinance was read for the first,time. Marinoni, seconded by Kelley, moved to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion •passed 6 to 0. The ordinance was read for the second time._,Marinoni, seconded by Kelley, moved to further suspend the rules and place the ordinance on its third and final reading. Upon'roll call, the motion passed 6 to 0. The ordinance was read for the third and final time. • A representative speaking for Mike Martin' addressed the Board and stated that a signed,bill of assurance was offered regarding preserving existing trees on the property that had a diameter of 8 or more inches. g i • Upon roll call, the ordinance was adopted by a vote of 6 to 0. . 9 ORDINANCE 3489 APPEARS ON PAGEy`ll OF ORDINANCE AND RESOLUTION BOOKOV 290 July 3, 1990 CUT AND FIT•L ORDINANC$ Mayor Martin introduced for consideration a request by Jamie Jones regarding the cut and fill operation in his neighborhood. Jones addressed the Board and stated that he was representing and Speaking for himself only. He addressed three major topics which were outlined in a June 25, 1990 memo. The first topic was the urgent need for an ordinance or ordinances to regulate grading and cut and fill or excavation operations within the City. He stated that it was his understanding at the present time that the City has no such ordinance or the authority to regulate such activities to protect the landscape. The second topic mentioned was the need for a long range plan of development for Zion Road property. He stated that in the 24 years he has resided on Zion Road, he has been before the Board 6 times to express opinions regarding rezoning requests, variances and such. He suggested that a long range plan would reduce this need for continued appearances and conflict. The third topic was the need for a plan to stabilize the excavation in the 1900 block of East Zion Road and for beautification of the area. Director Kelley asked if Jones knew approximately how long the present excavation operation had been going on, and he stated he did not but knew it had been many months. He also stated that he had not personally contacted Sweetser, as he felt this was nothing personal and he also stated that his reaction would be the same, no matter who the contractor was. Mayor Martin asked Staff if Sweetser was within his legal right to move dirt from the property. Linebaugh stated that Sweetser appears to be operating within the law. He has attempted to cooperate with the city in providing some safety and protective measures. City Attorney Rode stated that there is no ordinance to prevent any landowner from grading or leveling his property. There are regulations that prevent individuals conducting a quarry business at a residential location. He stated that Sweetser claims he is leveling the land to construct buildings in the future, and until such time as it can be proved that he is conducting a quarry operation at the site, there is no ordinance on the books which prevents his actions at present. Mayor Martin asked Rose's legal opinion regarding the passage of an ordinance tonight or sometime in the future applying July 3, 1990 retroactively to Sweetser's situation. Rose stated that he felt it would probably not apply to the situation at hand with Sweetser, and he would be protected expos facto. Merrell stated that Sweetser did hire Dave Jorgenson to develop a soil erosion control plan, and Director Kelley asked if that was in accordance with an overall master plan to develop the property. Merrell stated that once development plans were completed, additional improvements would have to be made to the land. He also stated that Sweetser has never really responded to questions regarding future plans for the property. Director Green stated that he was, for the most part, against creating ordinances just to protect one person's property. He stated that he felt in this case; however, Sweetser was using loopholes in the system and taking the greatest possible advantage of them. Green stated that in this case, he felt it was the Board's responsibility to see that there was adequate legislation to protect citizens and suggested that staff recommend an ordinance to limit the cut and fill activities until a timetable or master plan could be presented to satisfactorily demonstrate how the land was to be used. Mayor Martin pointed out that much of Fayetteville is zoned A-1 and asked if the property had been zoned R-1, would it have made a difference regarding the removal of the dirt on the property and the use of large equipment. Merrell answered that it would not have been a factor. Director Spivey questioned whether or not litigation involvement with Sweetser would change requirements of the bidding process between his company and the City. City Attorney Rose stated that the City would still be obligated to recognize Sweetser as. low bidder, even if the City were involved in litigation with his company and that generally, it would make no difference. ; �• Sue Madison, a resident on Rock•Cliff Street in Fayetteville, addressed the Board regarding the loopholes in the City codes for property. She related a similar incident which took place in 1987 when she was a member of the Planning Commission. Madison related that a cut and fill ordinance was badly needed even then and if it had been addressed in 1987, this might not be a problem today. She stressed the importance of animmediate decision regarding a cut and fill ordinance. • Richard Gettes, a resident on Zion Road, addressed the Board regarding the construction on the'property. Gettes reminded the Board that Sweetser was enjoined to stop in April of this year, but 1 • 22. 222 July 3, 1990 he did not. He was told the enjoining order could not be enforced and expressed his frustration and disapproval about how the situation had been handled so far. Mayor Martin asked Rose to explain why the injunction was not enforced. Rose stated that there was no city ordinance in effect that Sweetser violated, although he was sent the notice stating he was in violation; therefore, Sweetser's company could not be prosecuted. Leo Heckathorn, a resident of Zion Road, addressed the Board. He stated he understood the futility of attempting to prosecute Sweetser, but he urged the Board to create an ordinance promptly to prevent this sort of problem in the future. Resident Billie Carnes came before the Board and read an article she had written and submitted to the newspaper regarding her concern about Sweetser's activities on the property. Mayor Martin urged Ms. Carnes to provide the Board with any information she might have concerning where the gravel was being taken once it was removed from the property, as this might provide the City with sufficient evidence to prosecute. Maxine Hutchens, a resident, addressed the Board regarding the hazardous conditions on and surrounding the property. She requested the Board take immediate action. Mr. Heckathorn stated he would provide the City Attorney's office with information about where the dirt and gravel was being transported when it left the property. Director Marinoni asked how soon an ordinance could be drafted on this subject. Merrell stated that Little Rock officials would need to be contacted, as they have a similar ordinance in their city, the Planning Commission would need to be involved, and much thought and care would need to be applied so the ordinance would be accurate and concise. The approximate time frame for proper execution would be 4-6 weeks. Director Marinoni inquired whether Sweetser would be affected even if the ordinance was drafted and acted upon that night, as he was "grandfathered in" on the whole situation. Rose stated that would be true for the one piece of property, but it might be possible to prevent the same thing from taking place on other property of his around the city. Rose also stated that even though Sweetser receives money for the dirt and rock taken from the property, he was not certain that constituted a violation of using the property for commercial purposes. 223 July 3, 1990 Mayor Martin asked how Sweetser could legally state that he was clearing property for an apartment complex when the property was zoned A-1 Agricultural. Rose stated that only a rational purpose under the A-1 specifications was needed to be in compliance. He stated that the whole matter was a very difficult situation, and if taken to court, it would be very difficult to prove. Mayor Martin requested Rose, investigate the possibility of approaching the problem as one of a nuisance and report any information. Director Spivey asked if there was any way to pass a temporary ordinance to impose minimum standards until something could be enacted to prevent others from taking advantage of the "grandfathering" situation. He also asked Rose what the implications would be regarding the list of names of purchasers of the rock and dirt from Sweetser. Rose stated that it would help the City's case against Sweetser considerably and strengthen the outlook. Merrell related that ordinance in the city in Virginia where he had worked, the property owner was required to provide an erosion control plan informing the city of the final purpose for any cut and fill operation on the property. Director Lancaster stated that all the Board members toured the area that morning and had seen the situation. He stated the matter of most urgency is to clean up the property and prevent any more situations like this in the future. Director Green stated• he was surprised,that there had not been a serious traffic accident in the area. He•,cited the many safety hazards and recommended enforcement of some sort of safety requirements. 4 Steve Foster, a resident,, addressed the.Board and explained that he had been watching on television and decided to come to the meeting. He stated that instead of attempting to rezone the area and prevent thecontinual•removal of dirt and rock, the City should declare Zion Road off limits to dump trucks and heavy construction vehicles since the area" is, in all reality,. residential. He also suggested requiring Sweetser to use his own dozing equipment to level the mounds of dirt. City Manager Linebaugh stated that requiring Sweetser to level the mounds of dirt and to plant vegetation and so forth had been attempted in the past. 4He stated.that possibly now Sweetser had seen and heard all the comments and statements and would cooperate 1 224 July 3, 1990 with the City. Hs also assured everyone that a temporary solution was in the works, and that his office would continue to try to demand action from Sweetser, as well as draft a cut and fill ordinance to present to the Board as quickly as possible. WATERLINE Mayor Martin introduced consideration of a resolution approving the contract for engineering services on the new 36 -inch Waterline Project at a cost not to exceed $94,000. Staff recommends approval of the budgeted contract which the Selection Committee decided to split between McClelland Engineering and McGoodwin, Williams and Yates. McGoodwin, Williams and Yates will be responsible for two phases of the design work. McClelland will be responsible for engineering a portion of the 36 -inch line, 24 -inch and 30 -inch distribution lines, and the storage facility. Green, seconded by Kelley, made a motion to adopt the resolution. Upon roll call, the resolution was adopted unanimously. RESOLUTION 108-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOON ADDITIONAL POLICE OFFICERS Martin introduced consideration of an off -setting budget adjustment to facilitate the hiring of three additional police officers to function as "early officer replacements". Staff recommends approval of these three positions which will be considered temporary positions to ease the officer shortage during the summer. This shortage has been created due to the fact that two officers are off for medical reasons and four officers are on military leave. The department overtime expenditures are mounting, and the current staff is becoming fatigued due to the additional hours. The funding for the $52,529.58 cost of the additional officers will be transferred from the Prison Holding Fee Account, the National Accreditation Account, and the non -used salary funding for one officer Who will be on leave without pay for five months while on military duty. Lancaster, seconded by Kelley, made a motion to accept the adjustment. Linebaugh assured everyone that the Police Department was not in a crisis situation, but due to military and injury leaves, it is necessary to plan ahead to alleviate any future problems. Due to Academy training in July, the officers would be able to complete training first and then merge into the work force. Future vacancies in the department can be filled with these new officers. `225 July 3, 1990 Linebaugh also stated there had been interest expressed urging the city to begin a Hot Check program, and two of the three additional officers could be used in this program if not put on the regular personnel list through attrition in the department. Director Marinoni questioned the temporary status of the three additional officers. He stated that the salary funding would only be effective for 1990 and questioned how the salaries would be funded for 1991 and the fact that they would not be fully certified officers until April of 1991. Linebaugh explained that there are many duties which could be performed by these officers that did not require certification, such as unlocking vehicles, investigation of parking lot accidents, and so forth. He again assured everyone that the three additional officers was not a permanent increase in the department personnel, rather a solution to the temporary shortage problem. Linebaugh also stated that he felt this would not go beyond 1991 due to some possible retirements pending and the regular amount of turnover. Marinoni also asked if there was any assurance after being trained at the city's expense the officers would stay and work for Fayetteville instead of looking .for another job. Linebaugh stated the city has a policy that if after an officer is trained and leaves within a. year's period after that training, he is required to reimburse the City for the training. Police Chief Watson stated that he already has one officer leaving at the end of July, one officer is on the State Police waiting list for a position there, and one officer is due for retirement at the end of this year. Director Kelley stated that it was fortunate to have the time were actually needed in their further crisis situations.' • looked like the Police Department to train the officers before they full capacities, heading off any Upon roll call, the motion passed unanimously. RESOLUTION 109-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK POLICE DEPARTMENT POLICIES Mayor Martin introduced consideration of a resolution approving the "first wave" of revisions and additions to the Policies, Procedures, and Rules for the Police Department. Staff recommends approval of the update._ The original manual was published in January,.1983, and these are the first revisions and .22C July 3, 1990 additions to that document. Markel Corporation, the liability insurance carrier, has responded favorably to the update. Lancaster, seconded by Kelley, made a motion to adopt the resolution. Linebaugh stated that most of the additions and revisions would be taken from the International Chief of Police Association and from other city (large and small) regulations. This has already gone through a review process by the Police Department, City Attorney, City Prosecutor, the Civil Service Commission and City Manager. Director Marinoni referred to Section 7.17 in the Police Manual regarding an off-duty officer making an arrest and the usage of proper credentials in doing so. Chief Watson stated that all City officers routinely present proper credentials when making an off-duty arrest presently. Ron Wood of the Morning News addressed the Board and stated that he had met with Chief Watson concerning the Freedom of Information Act and Section 54.1.1. He requested tabling the resolution until he has time to receive requested information regarding this section. Mayor Martin, seconded by Green, made a motion that the part of the Policies, Procedures and Rules covered in 54.1.1 having to do with public information be postponed until a report could be received from local press on the matter. Upon roll call, the amendment to the motion passed by a vote of 6 to 0. Upon roll call to approve policies resolution, the vote was 6 to 0. RESOLUTION 110-90 APPEARS ON PAGE BOOK HAZMAT ORDINANCE. and procedures on the amended OP ORDINANCE AND RESOLUTION Mayor Martin introduced consideration of an ordinance for the City of Fayetteville to recover costs involved to compensate the Fire Department when called to respond to a hazardous materials (HAZMAT) incident. Staff recommends approval of this ordinance which will define a hazardous materials incident and authorize the City to bill and collect for costs incurred when called to respond. The ordinance was read for the first time. Marinoni, seconded by Kelley, made a motion to suspend the rules and place the ordinance July 3, 1990 • on its second reading. Upon roll call, the motion passed unanimously. The ordinance was read for the second time. Marinoni, seconded by Kelley, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed unanimously. The ordinance was read for the third and final time. Linebaugh stated that due to the SARA (Superfund Amendments and Reauthorization Act), the City realizes the importance of getting an ordinance on the books due to the large costs incurred in even one such incidence. He stated the City of Rogershas such an ordinance in force. For regional incidents, a regional team would be brought in, and the City of Fayetteville would bill for the incident and be billed by the regional team for their services. Director Marinoni asked if there was a possibility of a situation where there was both a fire and a hazardous spill. The spill would be charged for but the fire is routinely answered. Marinoni asked if it would be possible to differentiate between the two services. Fire Chief Jackson answered that there was a very real possibility of that happening, as a large number of HAZMAT incidents result in fires, and they would be charged just as any other HAZMAT incident. He stated that the ordinance would give the Department the authority to charge for any incident where` hazardous materials were involved that creates an "emergency situation to cover the Fire Department's cost of operation. 227 Upon roll call, the ordinance passed by a vote of 6 to 0. ORDINANCE 3490 APPEARS ON PAGEg9 OF ORDINANCE AND RESOLUTION BOOR XX V OTHER BUSINESS• Linebaugh announced the dates of additional public hearings: July 10 on citing of the recycling center and July 12 will be on the water and sewer rate increase. Both hearings are set for 7:00 p.m. in the Board Room at City Hall. He stated that the findings and results of both hearings would be submitted at the regular Board Meeting on July 17. After City Manager Linebaugh stated that the public hearings were not required by law, Mayor Martin reminded the public that the hearings were for their information and opportunity to provide input for the City Administration and`City Board on very important policy matters. He urged everyone to take part and attend the meetings. ADJOURNMENT The meeting was adjourned at 9:32 p.m.