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HomeMy WebLinkAbout1994-08-16 MinutesMINUTES OF A MEETING OF THE. CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, August 16, 1994, at 6:30 p.m., in the Council Room of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. PRESENT: Mayor Fred Hanna; Aldermen Stephen Miller, Kit Williams, Conrad Odom, Woody Bassett, Fred Vorsanger, Len Edens, Heather Daniel and Joe Box; City Attorney Jerry Rose; City Clerk Traci Paul; City Treasurer Glyndon. Bunton; Administrative Services Director Ben Mayes; Planning Director Alett Little; Public Works Director Kevin Crosson; members of staff, press, and audience. CALL TO ORDER Mayor Hanna called the meeting to order with eight aldermen present. Ashley Williams, daughter of Alderman Williams, was introduced as a special guest. CONSENT AGENDA Mayor Hanna introduced consideration of items which maybe 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": A. Minutes of the August 2 regular City Council meeting. B. A resolution awarding a construction contract in the amount of $328,000.00 (estimated) for the new bridge and intersection improvements at the intersection of Stubblefield and Old Missouri Roads, and approval of a budget adjustment. t_ 3 Item B was removed from the Agenda and not voted on. C. A resolution awarding a construction contract in the amount of $240,000..00 ,(estimated) for the' new' street - Mill Avenue Extension, from center Street to Spring(Street. ' Item C was removed from:the: Agenda and‘not voted on D. A resolution awarding a construction contract to Jerry D. Sweetser, Inc. in the amount of $218,381.10 plus a 5% contingency of $10,919.00 for a total of $229,300.10 for Cedarwood Drainage Improvements Project, and approval of a budget adjustment. RESOLUTION 91-94 AS RECORDED IN THE CITY CLERK'S OFFICE August 161. 1994 E. A resolution recommending the renewal of Professional and Law Enforcement Liability „Insurance with GoPro Underwriters, formerly Scottsdale.; RESOLUTION 92-94 AS RECORDED IN THE CITY CLERK'S OFFICE F. A resolution awarding a contract to Mobley Construction in the amount of $67,000.00 for clearing of the land acquisition area at Drake Field on the west side of Highway 71 and demolition of the remaining structures on the east side of the highway. RESOLUTION 93-94 AS RECORDED IN THE CITY CLERK'S OFFICE Williams, seconded by Vorsanger, made a motion to approve the Consent Agenda. Upon roll call, the motion passed by a vote of 8 to 0. WASTEWATER TREATMENT PLANT • Mayor Hanna introduced a resolution awarding a contract between the City and Operations Management International (OMI) for the City's Wastewater Treatment Plant. The contract is for a 5 year period. For the remainder of 1994 the cost will be $912,000.00.. Mayor Hanna stated renewing this contract will be a step toward controlling the odor problems that have been reported. The plan calls for placing .domes over treatment ponds. Plans are to work with this situation until the problem is solved. Alderman Bassett stated he wanted this item removed from the consent agenda so the council could assure citizens that there is a plan for dealing with the odor problem. He requested the staff explain some of the details of this project. Public Works Director Kevin Crosson stated the first phase will include doming the two primary digesters and chemical treatments at the Wastewater Treatment Plant. The majority of the odor problem comes from those primary digesters. Doming the digesters will help speed up the digestion process and allow us to process more sludge at the plant. Project Manager Jake Rohrich stated some preliminary work has been done and they are ready to begin the project as soon as the contract is signed. Crosson stated the domes are scheduled to be completed within an 18 month time period. Alderman Vorsanger stated that like other cities, the Wastewater Treatment Plant is operated by a private company and not city employees. He asked if this is saving the city any money. August 16, 1994 Crosson stated the performance of OMI is periodically evaluated. A study has been done to determine the cost benefit of in-house operation. The City is saving approximately 20% by contracting the operation out. Alderman Edens asked if there was a percentage on the increase in capability of processing. Rohrich stated in the winter, because of the cold temperatures, there is a decrease in processing. The domes should create extra heat and reduce the down time in the winter. Mayor Hanna asked if there has been a decrease in the amount of inflow as a result of the sewer rehabilitation project. Rohrich stated it is hard to judge. The upward flow spikes are not as high and the recovery time is shorter. The occurrence of blowing lids has decreased dramatically. Alderman Daniel asked if there was a competitive bid on this project. Alderman Odom stated two contractors submitted proposals. OMI was the most qualified. Williams, seconded by Odom, made a motion to approve the resolution. Upon roll call, the resolution passed by a vote of 8 to O. RESOLUTION 94-94 AS RECORDED IN THE CITY CLERK'S OFFICE APPEAL - REZONING R94-40 & R94-41 Mayor Hanna introduced consideration of an appeal of the Planning Commission's decision on rezoning petition R94-40 and R94-41 located on the south side of Stearns and east of Joyce as requested by John Trice on behalf of Joe and Mark Rumsey. The Planning Commission voted affirmatively; however, there were insufficient votes to pass the request. R94-40 is a request to rezone 10.75 acres from A-1, Agricultural to C-1, Neighborhood Commercial and R94-41 is a request to rezone 10.75 acres from A-1, Agricultural to R -O, Residential - Office. • City Attorney Rose read the ordinance for R94-40 for the first time. He stated this is an appeal. If the council is in favor of the appeal, they can vote for the ordinance. If the council is not in favor of the appeal, they can vote against the ordinance. Edens, seconded by Odom, 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. Odom, seconded by Vorsanger, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed August •16, .1994 by a vote of 8 to 0. •The City Attorney read the ordinance for the third time. Alderman Miller stated he was concerned about rezoning the property without knowing the development plans. Alderman Odom stated the responsibility of the council is to make sure the rezoning would be consistent with the surrounding area. C Mayor Hanna stated all land is zoned A-1, Agricultural when it is brought into the city and remains A-1 until someone requests a rezoning. The council needs to look at the surrounding land uses and decide if the request is consistent with those uses. - Jackie Crisp, a resident in Brachial Addition, stated she was concerned that Stearns Street would become a through street as a result of this rezoning. This would create traffic problems. Mayor Hanna stated the streets would not be an issue until a Large Scale. Development was submitted to the Planning Department. Alderman Williams stated Stearns Street will most likely be extended and connected as a through street in the future. Alderman Daniel stated there may be -sidewalks and possibly bike trails built along with the street. Alderman Williams stated he was in favor of the proposed C-1 zoning closer to the mall and the R -O zoning closer to the residential area. Planning Director Alett Little stated staff originally recommended approval of both rezonings. This is consistent with the General Plan. The staff discussed the division of the land and recommended to the petitioner that he request to rezone the eastern portion R -O because it is next to a residential area. There were 6 members present at the Planning Commission meeting. The vote on both rezonings was 4-2-0. A rezoning takes 5 affirmative votes. Upon roll call, the ordinance passed by a vote of 7 to 1, with Miller voting no. ORDINANCE 3822 APPEARS ON PAGE a87 OF ORDINANCE BOOR XXlV/7 City Attorney Rose read the ordinance for R94-41 for the first time. Odom, 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, and 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. The City Attorney read the ordinance for the third • • • • August 16, 1994 time. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3823 APPEARS ON PAGE,Z89 OF ORDINANCE BOOK /XV APPEAL - REZONING R94-44 Mayor Hanna introduced consideration of an appeal of the Planning Commission's decision on rezoning petition R94-44 to rezone .08 acres located at 323 West Spring Street from R -O, Residential - Office to C-3, Central Business Commercial requested by Richard Alexander. The Planning Commission voted affirmatively; however, there were insufficient votes to pass the request. This property is on the corner of Spring and School Streets and is close to Dickson Street in a mixed use area. Little stated the staff recommended approval of the rezoning. The current zoning of this property is R-0, Residential - Office and the existing structure is a non -conforming structure. If the structure were destroyed, it could not be reconstructed in its present location. Rezoning this property to C-3 would make the structure conforming so that it could be rebuilt. Alderman Williams stated he would not be voting on this rezoning due to occupational involvement. He would abstain. Richard Alexander, representing the petitioners, stated he believes this request is consistent with the downtown village concept. The surrounding property owners had no objections to the request. Alderman Daniel stated she was not in favor of the C-3 zoning. She asked if the property owner could request a variance if the property remained R -O. Little stated the proposed coffee shop on the bottom floor would have to be approved by a Conditional Use in R -O. City Attorney Jerry Rose read the ordinance for the first time. Edens, seconded by Odom, 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 7 to 0, with Williams abstaining. The City Attorney read the ordinance for the second time. Odom, seconded by Edens, 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 1, with Daniel voting no and Williams abstaining. The City Attorney read the ordinance for the third time. August 16, 1994 Upon roll call, the ordinance passed by a vote of 6 to 1, with Daniel voting no and Williams abstaining. ORDINANCE 3824 APPEARS ON PAGE ;91 OF ORDINANCE BOOK xxV / I WATER AND SEWER REVENUE BOND ISSUE Mayor Hanna introduced a resolution calling for a public hearing to be held on August 30, 1994, concerning the bond ordinance for the proposed 1994 water and sewer system improvement revenue bonds. These bonds will be funded from Water Department revenues. The money will be used for the water line on the west side of the city and the new storage tanks close to Cato Springs Road. Ben Mayes, Administrative Services Director, stated that during the public hearing, staff will give a presentation as well as take public comment regarding the proposed bond"issue. This will be the only public hearing, but the issue will be discussed at the Water and Sewer Capital Improvement Committee meeting and the City Council meeting. r Alderman Odom stated Improvement Committee room 326. there will be a Water and Sewer Capital meeting on August 23, 1994, at 3:00 p.m., in Rose stated the council is considering a resolution to have a public hearing so the resolution can be included in the bond document. Alderman Daniel stated there will be a Street Capital Improvement Committee meeting on August 23, 1994, at 4:30 p.m., in room 326 Mayor Hanna stated the council wants to give the public an opportunity to speak on this issue. Alderman Vorsanger, seconded by Williams, made a motion to approve the resolution. Alderman Edens asked what the amount of the bond would be. Mayes stated it would not exceed 5.5 million dollars with a term of about 14 years. Mayor Hanna stated the amount of the bond has been reduced from 8 million to 5.5 million dollars. Upon roll call, the resolution passed by a vote of 8 to 0. RESOLUTION 95-94 AS RECORDED IN THE CITY CLERK'S OFFICE August 16, 1994 CONDEMNATION Mayor Hanna introduced consideration of an ordinance condemning a structure at 317 Rollston Avenue and a resolution awarding a demolition contract to the low bidder for the demolition of the structure. City Attorney Rose read the ordinance for the first time. Alderman Edens stated he was in favor of leaving this ordinance on the first reading. Although this has been a problem for years, the owner has made progress on removing the structure. Mayor Hanna stated if the ordinance is passed, the owner would have 30 days to comply. The structure is almost down to the foundation. Alderman Miller stated he was also in favor of leaving this ordinance on the first reading. Alderman Williams stated he is in favor of leaving the ordinance on the first reading because the owner is making an effort. Mayor Hanna stated the ordinance would be left on the first reading and brought back before the Council at their next meeting. COMMUNITY CENTER SITE Mayor Hanna introduced consideration of a resolution accepting real property located on Mill Ave. being conveyed and donated to the City by Williams Hayden MdIlroy and Mary Joe Mcllroy. Aldermen Miller, Williams and Mayor Hanna expressed their appreciation to the Mclroys for their donation and also the Niblocks for their donation of land across the street. Odom, seconded by Vorsanger, made a lotion to adopt the resolution. Upon roll call, the resolution passed by a vote of 8 to 0. RESOLUTION 96-94 AS RECORDED IN THE CITY CLERK'S OFFICE OTHER BUSINESS NOMINATIONS TO THE SQUARE GARDENS COMMITTEE Alderman Edens stated the Council is to appoint two members to the newly created Square Gardens Committee. The Nominating Committee has interviewed seven people for the positions. There are five members on the Square Gardens Committee. In addition to the two members appointed by the Council, one is appointed by the Mayor, one by the businesses on the square and 1 by Farmers Market. The appointments are to be approved by the council. After all the appointments have been made, each member will draw a one through August 16, 1994 four year term. Edens, seconded by Odom, made a motion to accept the nomination of Susan Ferrall and Sandra Reynolds to the Square Gardens Committee. Upon roll call, the motion passed by a vote of 8 to 0. WARD 4..MEETING Alderman Daniel stated there will b 1994, at 7:00 p.m.,jin.room 111! e a Ward,4 meeting on August 29, [ ' t'". ASHLEY-WILLIAMS r . Miss. Williams thanked the Council :guest for the evening. ADJOURNMENT The meeting adjourned at 7:20 p.m. for allowing'her to be their