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HomeMy WebLinkAbout1992-12-15 Minutes693 MINUTES OF A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, December 15, 1992, at 6:30 p.m. in the Council Room of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. PRESENT: Mayor Fred Hanna; Aldermen Len Edens, Joan Chapman, Heather Faddoul, Stephen Miller, Kit Williams, Conrad Odom, Woody Bassett, and Fred Vorsanger; City Attorney Jerry Rose; City Clerk Sherry Thomas; City Treasurer Glyndon Bunton; Administrative Services Director Ben Mayes; Public Works Director Kevin Crosson; Planning Management Director Alett Little; members of Staff, press, and audience. CALL TO ORDER Mayor Hanna called the meeting to order with eight aldermen present. OLD BUSINESS Items that have been brought before the Council but were tabled or no decision made to allow further information to be presented: BID 92-49/SHIPLEY MOTOR EQUIPMENT CO. Mayor Hanna introduced a resolution awarding Bid 92-49 to the lowest bidder meeting specifications, Shipley Motor Equipment Co., for a Single Axle Cab and Chassis for flat bed dump operation in the amount of $62,450, and approval of a budget adjustment. This is a budgeted replacement and will be used by the Water and Sewer Division to haul soil, blacktop, and/or rock to complete repairs. The budget adjustment of $30,081 will be funded from equipment purchases earlier in the year that cost less than the budgeted amount. Alderman Edens stated he had looked into the need for this piece of equipment, and he saw no problems with the purchase. Vorsanger, seconded by. Edens, made a motion to approve the purchase. • Upon roll call, the motion passed by a vote of 8 to 0. • RESOLUTION 182-92 AS RECORDED IN THE CITY CLERK'S OFFICE BID 92-50/SHIPLEY MOTOR EOUIPMENT CO. Mayor Hanna introduced consideration of a resolution awarding Bid 92-50 to the lowest bidder meeting specifications, Shipley Motor Equipment Co., for a Tri -Axle 18 yard capacity Dump Truck with a trade in of Unit #704 for a total amount'of $79,925. December 15, 1992 This is a budgeted replacement and will be used by the Street Division to haul asphalt and dirt to and from construction and repair sites. Alderman Edens stated the tri -axle unit will be a feasible upgrade in equipment because it will cause less weight per axle to be placed on city streets at a relatively small difference in cost between the 2 and 3 axle unit. He stated this is a replacement unit. He wanted to make sure replacement of equipment decisions include the number of miles rather than just the age. In addition, he also wanted to make sure there was an actual "need" for the equipment rather than the fact that it was "budgeted" for 1992. Alderman Miller stated the truck this one is replacing was so light weight that it could not even hold the capacity for which it was rated. Miller, seconded by Vorsanger, made a motion to approve the purchase. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 183-92 AS RECORDED IN THE CITY CLERIC'S OFFICE WARD ELECTIONS Mayor Hanna introduced consideration of an ordinance amending the current at -large election of aldermen. Currently, an alderman must reside within the ward from which they seek to be elected and shall run at large. The City Council is empowered and authorized to provide, by ordinance, for either of the following two methods: 1) that all aldermen be elected by ward, in which event each alderman shall be voted upon by the qualified electors of the ward from which the person is a candidate, or 2) one alderman from each ward may be elected citywide and the other alderman may be elected from each ward by the voters of the ward only. An ordinance establishing option 1 above was left on its first reading at the December 1, 1992 Council meeting. Alderman Chapman stated she and Alderman Faddoul had just held their first ward meeting. The issues concerning the people who attended were city-wide oriented rather than just ward oriented. She stated she was in favor of a closed ward system. Alderman Miller stated Ward 1 has held its second meeting, and the majority of the people want a closed ward system. 1 December 15, 1992 Alderman Williams concurred with Miller. He stated he has heard from several people in his ward, and people want the closed system. Alderman Bassett stated he was leaning toward a closed system. However, he has listened to a lot of people and welcomes comments. Both systems have merit. However, in the long run, what is most important is to entice people who are willing to run for office. He feels it would be best to have a mixed system. He stated the mayor is elected citywide and has veto power. The City Council will make decisions that affect the whole city. If the system is mixed, each person would be voting for 5 aldermen, and if closed, they would vote only for two. He feels this would be better representation. Alderman Faddoul stated she feels she would be able to work better with her ward partner if elected by a closed system. Alderman Williams stated he had hoped to hold a second ward meeting before voting on this issue to allow for more public input. Alderman Vorsanger stated he had received some public input, and he feels the issue boils down to representation. He is in favor of a closed ward system. City Attorney Rose read the ordinance for the second time. Vorsanger, seconded by Miller, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 6 to 2, with Williams and Bassett voting no. City Attorney Rose read the ordinance for the third and final time. Upon roll call, the ordinance passed by a vote of 7 to 1, with Bassett voting no. ORDINANCE 3664 APPEARS ON PAGE 537 OF ORDINANCE BOOK A7 vl CONSENT AGENDA 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 approvedi simultaneously under a "Consent Agenda": A. Minutes of the November 17 and December 15, 1992 regular City Council meetings and the .November 24 and December 9 Special City Council meetings B. A resolution awarding(Bid 92-53,to the low bidder, Harrison Davis Construction, for the construction of an office/restroom in the police storage facility in the -amount of $15,700, and approval of a budget adjustments • This facility will allow employees to complete tasks with minimum interruptions, and thet.office space will protect December 15, 1992 official documents and office equipment from damage caused by evidence processing. Money is available from funds remaining in the liability insurance, health insurance, and travel and training accounts primarily because new patrol officers were hired that were already certified in law enforcement. RESOLUTION 184-92 A8 RECORDED IN THE CITY CLERK'S OFFICE C. A resolution awarding Bid 92-22 to the low bidder, Data Resource Group, for an IBM 4234-012 Printer in the amount of $12,450. This is a used printer, but it is certified to be covered under the current IBM maintenance agreement. The old printer in the Police Department has been in operation since 1987 and was not designed for the amount of usage it is currently getting. The newer printer will be used for large jobs, and the old printer will be retained and used for smaller projects. RESOLUTION 185-92 A8 RECORDED IN THE CITY CLERK'S OFFICE D. A resolution approving the extension of the 1992 Air Carrier Rental Rates for the 1993 calendar year rental period. The Airport Board approved the rates for 1993 at their November 5 meeting. The current rates are $15.86 per square foot annually for exclusive space, $7.88 per square foot annually for non-exclusive space, and .45 cents per MCLW (every 1,000 pounds of aircraft landed weight). RESOLUTION 186-92 A8 RECORDED IN THE CITY CLERK'S OFFICE E. A resolution extending the contract with Access 4 Fayetteville for the administration of the public access channel and for government access production assistance for a period of three months at a total cost of $16,666.65. This extension will give the Council time to study the current arrangement for providing public and government access services and time to investigate options for restructuring in the future. RESOLUTION 187-92 A8 RECORDED IN THE CITY CLERIC'S OFFICE F. REMOVED FROM THE CONSENT AGENDA AT THE AGENDA SESSION G. A resolution approving a budget adjustment transferring Cost Allocation and Fire Station Allocation 1992 budgeted funds from a revenue category to an expenditure category. December 15, 1992., This adjustment is required due to a change in interpretation by the City's external auditor of the reporting method for cost reimbursements. This adjustment will not have any impact on General Fund fund balance. RESOLUTION 188-92 AS RECORDED IN THE CITY CLERK'S OFFICE H. A resolution approving a budget adjustment recognizing additional bad debt revenue and increasing collection expense for Municipal Court Division, Probation and Fine Collection Program. This adjustment is needed because bad debt collections have been greater than budgeted resulting in additional collection expense. • RESOLUTION 189-92 AS RECORDED IN THE CITY CLERK'S OFFICE I. REMOVED FROM THE CONSENT AGENDA AT THE AGENDA SESSION J . A resolution approving the renewal of an agreement with the Chamber of Commerce in an amount not to exceed $100,000 to continue the Economic Development Program The original contract dated September 17, 1991, provides for options to renew for four (4) additional one (1) year terms. An amendment to the agreement has been drafted to reflect the change in form of city government. RESOLUTION 190-92 AS RECORDED IN THE CITY CLERK'S OFFICE K. A resolution approving the renewal of the Lake Fayetteville Boat Dock Operator's contract with Jim Black in the amount of $21,864 for a twelve month period. Mr. Black has been the operator for.the past five years. The contract amount represents a 3.5% increase over last year's contract. This contract may automatically renew for four (4) consecutive years, with compensation being adjusted each renewal periodbythe Consumer Price Index and subject to approval by the City Council. RESOLUTION 191-92 AS RECORDED IN THE CITY CLERK'S OFFICE L . A resolution approving the renewal of the Lake Sequoyah Boat Dock Operator's contract with Jim Blackston in the amount of $21,119. Mr. Blackston has been the operator for the past year. The contract amount.represents a 3.5% increase over last year's contract. This contract may automatically renew for four (4) consecutive years, with compensation being adjusted each y • December 15, 1992 renewal period by the Consumer Price Index and subject to approval by the City Council. RESOLUTION 192-92 AS RECORDED IN THE CITY CLERK'S OFFICE Vorsanger, seconded by Odom, made a motion to approve the consent agenda. Upon roll call, the motion passed by a vote of 8 to 0. CATO SPRINGS AND TOWN BRANCH FLOOD CONTROL Mayor Hanna introduced consideration of a resolution expressing the City's intent to support Plan 3 of the flood control project along Cato Springs and Town Branch. The Corps of Engineers requires the City execute a formal, updated letter of intent to identify the specific plan of action the City will support. In March of 1990, the City requested the Corps study the flood problems associated with Cato Springs and Town Branch. The Corps completed a draft reconnaissance report in July 1991, and now need this updated letter of intent to proceed with the plans for flood control. City Staff supports Plan 3 of the flood control options. There is no cost associated with the request for the letter of intent by the Corps. When the final plans are developed, they will be brought before the Council for final approval and funding. Alett Little stated she has received questions about why it is necessary to eliminate one of the bends in the Cato Spring. Jim Beavers, project engineer with the City, stated this project started in 1990 when flood control relief was requested by Levi Strauss Co. and the neighborhoods in that area. The purpose of the flood control project is to provide the maximum flood reduction possible. Removing the bend in the stream would help meet this goal. Alderman Miller stated there is a lot of undergrowth in and around the stream, and he sees no problem with clearing it out. He stated there are not many trees along the bank that meet the requirement of being 12" diameter to save. He wondered about reducing the requirement to 9". He stated the bridge stops the flow of water. If the debris was cleared from around it, he felt the bridge could be maintained as it is used by bikers and hikers. He felt the bridge should be preserved and used by bikers and hikers rather than to construct something new for this purpose somewhere else. He stated the major problem he saw was in straightening out the bend. This would reduce the floods by no more than 1/10th of 1% and would cost about $39,000. He felt removing the bend would only allow the water speed to increase, thereby increase flooding and erosion problems in the area. He would like to see Plan 1 implemented. 077 December 15, 1992 Beavers stated the bend is a problerfor the property owners. It is eroding and cutting into EOA's property, and the City will have to stabilize the bend, and this will also cost quite a bit. It was asked if federal funding would be lost if the City did not implement the Corps recommended plan. Renee Wright, Corps Engineer, stated the neighborhood has bad flooding problems. .Headstart and Levi have both said the bend and bridge cause flooding problems. She stated the NED (National Economic Development) program follows the guidelines of obtaining the greatest excess benefits over cost for reducing flooding problems. She stated she could submit the City's request to be permitted to do less than was recommended to the Corps Division Office and try to obtain approval. This is the first time a NED plan has not been followed, and she is unsure how the Corps will handle the situation. Alderman Williams asked how much funding was involved. Wright stated the local share is 5% cash plus right of way acquisition, which will between 25-50% of the total cost. Alderman Williams asked if the old railroad bridge was checked out for structural soundness. Wright stated she was unsure, but it looks more like a beaver dam than a bridge. Alderman Miller stated he did not feel removing the bend and bridge would keep Levi from being flooded and would only help the flood control by about 5%. Wright stated the Corps feels the plan would reduce flooding from about every 5 years to about every 25 years. Alderman Williams stated Levi is good for the City of Fayetteville, and he wants to do whatever can be done to keep them from being flooded. Nationally, people have been utilizing old railroad beds and bridges and turning them into biking and hiking trails. He would like to see this for Fayetteville, if possible. Wright stated she would need an updated letter of intent with the plan the City wants to implement. Alderman Chapman asked if there was a guarantee of federalfunding if plan 3 were selected, and if there was a possibility of jeopardizing federal funding if another.plan were selected. Wright stated she has -had not experience,with a lesser plan being requested than was recommended. Alderman Williams asked=what the cost of stabilizing the eroding bank and to straighten outtthe bend would be to the city. • s. December 15, 1992 Beavers stated to cut the new channel will cost about $39,000. It is projected that the total cost to the City will be around $130,000, which is about 44% of the project plus in-house engineering services. Alderman Faddoul asked if there was a time deadline for the letter of intent. Wright stated there was no deadline, but they would like to submit the letter before January. She felt it would be ok to postpone the decision until the January 5, 1993 Council meeting. Alderman Vorsanger stated his concern for the people in the area. He asked who initiated the flooding problems be studied by the Corps. Wright stated the City requested the study by letter on March 28, 1990. Wright stated the requested reconnaissance study has been completed. They are in the process of completing the feasibility study and the 50/50 cost share. Upon completion of that and with the letter of intent regarding the NED recommended plan, or the plan the City selects, the Corps will come back to the Council and get authority to proceed with the project. There will be plans and specs prepared for Council approval at this time. Beavers pointed out that federal funding is not guaranteed. The schedule calls for plans and specs to be ready by May, 1993 and for construction to begin in 1994. Mayor Hanna stated he has a problem with the aldermen trying to "engineer" this project and questioning both the city's engineers as well as the Corps engineers regarding the flood control study. Alderman Bassett agreed with the Mayor. Mayor Hanna asked if the City would be jeopardizing anything by waiting until January to make a decision. Wright stated no. Bassett, seconded by Odom, made a motion to table this item until the January 5, 1993 meeting. Upon roll call, the motion passed by a vote of 8 to O. SALES TAX BOND LEGAL FEES Mayor Hanna introduced consideration of a resolution approving a budget adjustment in the amount of $80,061 recognizing additional legal fees assessed by the Sales Tax Bond Trustee in conjunction with the City's sales tax lawsuit. This adjustment covers the $30,061 charges assessed in August and an estimate of $50,000 for the balance of litigation fees. The December 15, 1992 fees are deducted from the sales tax revenue that supports the City's 1990 bond issue. City Attorney Rose stated these fees are a result of the sales tax lawsuit. When the sales tax bonds were sold, the contract or trust indenture contained a provision allowing the trustee, Arvest in this case, to write off as costs anything they incur in defending an attack against the bond issue and/or trustee. Arvest hired the Friday Law Firm to protect their interests. The fees charged by the law firm are being deducted from the proceeds of the bond issue. The Council is not being asked to approve the legal fees because in essence, through the bond indenture, the fees are allowable. The Council is merely being asked to approve an accounting entry whereby the City's books will reflect the expense of the attorney fees and decrease the amount of the bond proceeds. Alderman Bassett asked if the City had any control over these fees. Rose stated the fees have to be reasonable, and he will examine the statements when they are received. Alderman Bassett asked why we need to allocate an additional $50,000 when the lawsuit should be basically ending as it is now in the appeal stage. Rose stated there should be very few attorney fees generated after this point. Alderman Williams stated this was definitely a negative provision to the City. He asked if future indentures would contain this same provision. Rose stated the latest indenture contained a provision allowing the trustee to spend a maximum of $15,000 for expenses. Any expenses beyond that point will have to be brought before the Council for approval. Phyllis Rice, reporter for the Times, asked if the $15,000 was an annual cap or for the lifetime of the trust. Ben Mayes stated it was an annual figure. Joe Robson addressed the Council and asked if it were not a bit unusual for a party to•a contract to agree to pay attorney fees for both sides. - Alderman Williams stated this was fairly common, and promissory notes and other mortgage type documents contain a provision whereby if in default, the person that defaults would be responsible for paying all related fees, and expenses. 4: Robson stated he hoped the City did not agree to pay attorney fees for both sides in the future., Alderman Williams stated that statement is a misrepresentation of what the City has done. The trustee is claiming the City did something wrong, so in order too protect their clients, the December 15, 1992 bondholders, the trustee hired the lawfirm and is charging that cost back to the City. Alderman Chapman stated the $50,000 estimate appears to be high. She asked if the City could request the law firm make an estimate of future costs. Rose stated we can do that. He talked with the firm, but they do not yet have their billing statements complete. Williams, seconded by Edens, made a motion to approve the accounting entries showing the deduction of the attorney fees from the bond proceeds. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 193-92 AS RECORDED IN THE CITY CLERK'S OFFICE STREET RIGHT OF WAY VACATION V92-2 Mayor Hanna introduced consideration of an ordinance vacating a portion of the right of way for property located in the 800 block of W. Walker Street and south of 15th Street, as submitted by Pete Estes on behalf of Michael Curtis. Alett Little stated the Planning Commission voted 7-0-0 to approve the right of way vacation on this unopened street. She stated one property owner has refused to approve the vacation because of access to her property. However, there are other means of access available. Staff has no objections to the vacation. Staff does ask that a 20 foot easement be retained. Alderman Miller stated he concurs with the staff recommendation for retaining the easement. Little stated the purpose of the 20 foot easement was to allow more room for work with the utility lines. City Attorney Rose read the ordinance for the first time. Vorsanger, seconded by Bassett, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the second time. Williams, seconded by Miller, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 8 to 0. Rose read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3665 APPEARS ON PAGE 131 OF ORDINANCE BOOK XX V/ STREET RIGHT OF WAY VACATION V92-3 Mayor Hanna introduced consideration of an ordinance vacating a portion of the street right of way for property located in the 1300 December 15, 1992. and 1400 blocks of Brooks Avenue north of 15th Street, as submitted by Donna Pettus on behalf of Campbell Soup Company. Alett Little stated the Planning Commission voted 7-0-0 to recommend the closing of the unopened street. Campbell Soup owns all of the adjoining property, and all of the utility companies agree with the closing. Alderman Williams asked what plans Campbell Soup had for the area. Donna Pettus stated they do not have any plans at this time. They need the closing at this time to get title insurance property they are purchasing. City Attorney Rose read the ordinance for the first time. Bassett, seconded by Edens, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the second time. Bassett, seconded by Miller, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 8 to 0. Rose read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3666 APPEARS ON PAGE 3Y/ OF ORDINANCE BOOK XX✓(,° REZONE R92-40 Mayor Hanna introduced consideration of an ordinance rezoning 2 acres located west of Double Springs Road and south of Wedington Drive from A-1, Agricultural, to R-1, Low Density Residential, as requested by Barbara Harris on behalf of Bay I. Haley. Alett Little stated the Planning Commission voted 8-0-0 to recommend rezoning. Mrs. Harris is requesting this so she can split off 1 acre on which to build a home. Staff recommends the rezoning. City Attorney Rose read the ordinance for the first time. Bassett, seconded by Edens, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the second time. Bassett, seconded by Miller, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 8 to 0. Rose read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3667 APPEARS ON PAGE `I, OF ORDINANCE BOOR XX VI } • December 15, 1992 REZONE R92-41 Mayor Hanna introduced consideration of an ordinance rezoning 38 acres located east of Salem Road and north of Timberline Drive from A-1, Agricultural, to R-1.5, Moderate Density Residential, as requested by Harry Gray on behalf of BMP Development. Alett Little stated the Planning Commission voted 8-0-0 to recommend the rezoning. She stated the property was surrounded on all sides by R zoning. There were two people present at the Planning Commission meeting concerned about preservation of trees and the potential traffic problems to the area by adding more duplexes. Little stated the builder offered a bill of assurance to build no more than 5 units per acre. City Attorney Rose read the ordinance for the first time. Vorsanger, seconded by Miller, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the second time. Miller, seconded by Odom, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 8 to 0. Rose read the ordinance for the third time. Alderman Chapman asked about the offsite improvements that would be required and how many units would be built. Little stated there would be between 120 and 150 units built. Sycamore Street is one of the access streets to the area. Traffic also flows from Oakfield thru to Woodfield. In addition, they can use Salem Road over to Shiloh. Due to the increased traffic this development will cause, the highway department's traffic requirements will be met for allowing the installation of a signal light. Alderman Vorsanger stated he received phone calls concerning the additional traffic and about limiting the property to 5 units per acre. Alderman Miller stated part of this property is in the flood plain. He asked if the 5 acres per unit, or 190 units possible, would be built on the part of the 38 acres not in the flood plain. Harry Gray stated there would be no more than 5 units per acre. Alderman Miller stated people were concerned about good growth and green space. He asked if the large oaks in the area would be saved. Harry Gray stated there has not yet been a plat approved on this area. t December 15, 1992,., Alderman Miller stated there were two major problems with this development: (1) the traffic and (2) if trees are removed, there will be a massive, crowded residential area. Harry Gray stated this zoning is not high density, rather it is moderate density. The Council is being asked to consider the rezoning issue at this time. At a later date, a development plan will have to be submitted and approved by the Planning Commission. Alderman Edens asked if it was possible in the future to take Salem thru the Giles Addition on to Porter Road. Little stated at this time Ann Street goes through. She stated the Highway Department has been studying the area. - Harry Gray stated there were three outlets to the property, so not all of the traffic would be routed through Walnut Ridge. Alderman Vorsanger reminded the Council that if they approve the rezoning, the developer still has to take his plans to the Plat Review Committee for approval. Michael Andrews addressed the Council and stated he was a 28 year resident of Fayetteville and has a house on Woodfield. If the area were rezoned to R-1.0, there would be a maximum of 4 units per acre. The neighbors have not had a lot of notice on this issue. Several of his neighbors called him concerning the rezoning and are worried about duplexes being built in the area. They are concerned about the traffic problems and the access to the development. He felt development of the area needs to slow down and see what type of congestion problems are going to be presented due to the development already approved for the area. Regarding the trees, he asked if BMP Development has preserved the trees on other areas they have developed. Alderman Miller asked if Mr. Andrews felt more citizens would come before the Council if they had more time to consider the rezoning. Andrews felt they would. Alett Little stated one of the projects of the Planning Department is for a developer to pay 1/2 of the cost of developing streets in an unimproved area they.are to develop. • George Urban, a resident on Timberline Road, addressed the Council stating he agreed with Mr. Andrews and with Alderman Miller. He wants to continue his ,gracious and spacious living standards without crowding. He feels 4 units per acre should be the limit. He feels the trees should be preserved as well, and he encouraged the Council not to rush into any decision. Roger Kelley, a resident on Woodfield, addressed the Council stating he had no problems with what BMP development is doing. December 15, 1992 Doug Blaylock, resident of Woodfield, stated he purchased his lot because of the trees on it. The phone company came through and damaged the trees. Then the cable company tore up and damaged more trees when they buried the cable. He feels BMP is doing a good job in trying to preserve trees. Steve Lesh, resident of Woodfield, stated the traffic problems in the area is a serious issue. However, someone will eventually develop this land, and BMP Development has built affordable, nice homes in their additions. Alderman Faddoul asked Mr. Lesh what type of rezoning he favored. Lesh stated he would like to see R-1.5. Alderman Miller asked Mr. Lesh if he had trouble getting out of his neighborhood onto Wedington. Lesh stated he did not because he works in Siloam Springs and makes a right turn. He stated making a left hand turn is extremely difficult. Alderman Faddoul asked how restrictive covenants worked for a neighborhood. Alett Little stated at the time the final plat is filed with the City, the covenants are also filed. They are restrictions a developer places on an area. They are enforced only by the developer and/or the residents of the area, and are not enforced by the City. Larry Hughes, 1441 Weatherwood, feels every effort was made to preserve trees in the area. He feels the BMP development would be good for the area. A resident of Salem Road stated he moved here recently from Montana, and he asked if the public would have any input into the proposed development. Mayor Hanna stated at the time the development comes before the Planning Commission, the public is welcome and encouraged to make comments. Mayor Hanna stated during the election, one of the things he talked about promoting was affordable housing. He feels what SMP Development is proposing would provide good, affordable housing to citizens of Fayetteville. Alett Little stated she agreed with Mayor Hanna, and BMP is the only developer who is building this type of housing in the area. Alderman Vorsanger stated he is pleased to see more of this type neighborhoods being developed. He feels the City Council should do what they can to solve the traffic problems and help promote the development. December 15,,1992 Alderman Williams stated BMP was a proven developer with a good track record. He feels they need to be rewarded, and the City should not stand in his way of providing affordable housing. He hates to see duplexes built in a country -type setting, but he realizes this type of housing is desperately needed. Alderman Miller agreed with Williams, but he hopes to see more single family units built and less duplexes. Alderman Chapman felt the fact that BMP is building affordable housing makes her decision lean in favor of the rezoning. However, she is concerned about developing transportation arteries in the area and with preserving trees. She asked if the developer would consider reducing the number of units per acre to 4 rather than the proposed 5. Harry Gray stated that R-1 zoning allows 7 units per acre, and R- 1.5 allows up to 12 units per acre. The developer is voluntarily limiting the development to only 5 per acre. Alderman Bassett feels the rezoning should be approved. He is familiar with BMP development and believes they build good, affordable housing. The City has traffic problems in other parts of town as well as this area, and we will have to deal with those. He does not feel the rezoning should be denied based on the potential traffic problems. Upon roll call, the ordinance passed by a vote of 5-2-1, with Chapman and Miller voting no, and Faddoul abstaining. ORDINANCE 3668 APPEARS ON PAGE 34 5 OF ORDINANCE BOOK X X VI REZONE R92-42 Mayor Hanna introduced consideration of an ordinance rezoning 3.55 acres located on the west side of Hillside Terrace and south of Valerie Drive from A-1, Agricultural, to R-1, Low Density Residential, as requested by Robert and Cynthia McAnarney. Little stated the Planning Commission voted 8-0-0 to recommend rezoning with a 90 foot frontage on Hillside Terrace rather than the required 70 foot frontage. City Attorney Rose read the ordinance for the first time. Miller, seconded by Vorsanger, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 8•to 0. The City Attorney read the ordinance for the second time. Bassett, seconded by Odom, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon rollcall, the motion passed by a vote of 8 r December 15, 1992 to 0. Rose read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3669 APPEARS ON PAGE 346 OF ORDINANCE BOOK X X VI SUBDIVISION AMENDMENTS Mayor Hanna stated the petitioner, Prestige Properties, had requested the resolution amending the subdivision covenants of Sequoyah South Subdivision, Phase I, be tabled. DEPUTY CITY CLERK Mayor Hanna introduced consideration of an ordinance amending Section 31.30 of the Fayetteville Code of Ordinances providing for a Deputy City Clerk to perform the duties of the City Clerk in the absence of the City Clerk. There is no cost to the City associated with this designation. It will merely authorize a Deputy Clerk to act in an official capacity in the absence of the City Clerk. City Attorney Rose read the ordinance for the first time. Vorsanger, seconded by Miller, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the second time. Vorsanger, seconded by Odom, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 8 to 0. Rose read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3670 APPEARS ON PAGE 350 OF ORDINANCE BOOK XX VI SEWER REHABILITATION Mayor Hanna introduced consideration of a resolution awarding a construction contract in the amount of $1,992,164, which includes a 5% contingency, to Benson Construction for Sanitary Sewer Main Replacement and Rehabilitation in the Illinois River Watershed Basins 10 and 11, and approval of a budget adjustment. Five bids were received on the project, with Benson Construction submitting the low bid. The base bid was $1,897,299.20 plus a contingency of $94,864.80. This project involves replacing or lining about 20,124 feet of sewer line, replacing or repairing about 231 manholes, and performing numerous other associated repairs. Work will start in December and should be completed in April, 1993. This is part of the on-going Sewer Rehab project and is included in the 5 -year Capital Improvements Program. December 15, 1992 Mayor Hanna stated approval of this,contract will be contingent upon the resolution of the sales tax lawsuit. Mayor Hanna stated even if the sales tax suit is settled unfavorably to the City, funds will have to be adjusted to pay for this federally mandated project. Alderman Bassett asked about the bids and the legal ramifications of accepting a bid that was ..not the low bid, but rather from a local company. City Attorney Rose stated state statutes required competitive bidding. The Council could award to other than the low bidder, but you have to lay your reasons on the table. The reasons have to be articulate and non -arguable. Alderman Vorsanger stated the bids were so close, he would like to see the award go to the local company as well. However, the only way to do this is if the low bidder had a bad past experience. He thought Arkansas had a 3% margin for bids that could be applied to Arkansas firms. He was told, however, that this 3% margin had to be requested by the bidder at the time of submitting the bid, and this was not done. He could see no reason that would not allow the Council to award the bid to the low bidder. City Attorney Rose stated the 3% rule was thrown out in 1991 because it was considered to be too costly. Alderman Bassett stated he had received several phone calls questioning awarding the bid to the local company, Fayette Tree & Trench. He asked if the Council could not just award to the local company. Alderman Williams stated there are good reasons to award to the local company because of the increased revenue that would be added to the local economy. However, he feels the Council would probably be' sued by the low bidders and, the City would probably cause bidders to lose faith in our bidding process and would cause more problems on down the road. Williams, seconded by Vorsanger, made a motion to award the contract to the low bidder. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 194-92 AS RECORDED IN THE CITY CLERK'S OFFICE 1993 BUDGET Mayor Hanna introduced consideration of a resolution approving the 1993 Budget for the City of Fayetteville. December 15, 1992 r Mayor Hanna stated the Council had held two special meetings to discuss the 1993 budget. Vorsanger, seconded by Williams, made a motion to approve the f budget as presented and incorporate the amendments made during the two special meetings. Alderman Miller stated the budget was to be used as a guideline for projects and spending, and it is not written in stone. He disagrees with some of the projects, but he feels he can voice his objections at the time they are presented to the Council for approval. Mayor Hanna complimented Staff on the fine job they have done in preparing and presenting the budget. Upon roll call, the 1993 Budget was approved by a vote of 8-0. RESOLUTION 195-92 A8 RECORDED IN THE CITY CLERK'S OFFICE OTHER BUSINESS WATER LINE BREAK 4 Kevin Crosson stated there had been a major water line break on t Highway 62 and several businesses were without water including B&B Bar B Q, Food 4 Less, Kentucky Fried Chicken, and the Best Western Motel. Crews have been working on repairing the break and will continue to work until the repairs are complete. They anticipate completing the repairs sometime during the middle of the night. e NOMINATING COMMITTEE Alderman Edens stated the Nominating Committee has been meeting, and they are holding interviews for the Airport Board and Parks and Recreation Advisory Board Committee on Wednesday, December 16, at 6:30 p.m. and for the Planning Commission on Thursday, December 17, $ at 6:30 p.m. in Room 313 of City Hall. VOLUNTEER COMMUNITY OF THE YEAR AWARD Mayor Hanna stated Heather Faddoul, Fred Vorsanger, and himself had attended the Municipal League meeting in Hot Springs. Fayetteville was awarded for the third consecutive year the Volunteer of the Community Award. He stated this was a real honor and testimony to the citizens of this community. He commended Jerry Cooper, Staff Administrator, for his work on this project. ADJOURNMENT The meeting adjourned at 9:26 p.m. 1