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HomeMy WebLinkAbout1997-04-15 Minutes113 A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, April 15, 1997, at 6:30 p.m., in the Council Room of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. PRESENT: Mayor Fred Hanna; Aldermen Trent Truntbo, Kit Williams, Stephen Miller (arrived late), Len Schaper, Heather Daniel, Cyrus Young and Randy Zurcher (arrived late); City Attorney Jerry Rose, City Clerk/Treasurer Traci Paul; staff; press; and audience. ABSENT: Alderman Donna Pettus Mayor Hanna called the meeting to order with five aldermen present. NOMINATING COMMITTEE REPORT Alderman Daniel moved to nominate two reappointments to the Board of Adjustment, Thad Hanna and Larry Perkins; for the Library Board there was one reappointment, Maurice Roberts; for the Historic District Commission, Orland Maxfield. Alderman Trumbo seconded. Upon roll call, the motion passed on a vote of 5 to 0. OLD BUSINESS REZONING RZ97-1 Mayor Hanna introduced an ordinance rezoning .6 acres located at the southwest corner of Sycamore and Giles Rd. from A-1, Agricultural, to R-1.5, Moderate Density Residential, as requested by James and Daniel Williams on behalf of Gary Lane. This ordinance was left on its second reading at the April 1 Council meeting. City Attorney Rose read the ordinance for the third time. Aldermen Miller and Zurcher arrived. Alderman Daniel stated she has not received any comments, pro or con, on this so is assuming it is satisfactory with the residents in that area. Mayor Hanna asked for comments from the audience. There were none. Alderman Schaper stated this is a compromise between the R-2 originally requested and the existing conditions in the neighborhood. Mayor Hanna called for the vote. Upon roll call, the ordinance passed on a vote of 7 to 0. ORDINANCE 4032 APPEARS ON PAGE OF ORDINANCE BOOK 1 114 REZONING APPEAL April 15, 1997 Mayor Hanna introduced an appeal of the Planning Commission's decision to deny RZ97-2 as requested by Michele Harrington on, behalf of Freeland Romans. The motion to rezone the property failed with a vote of 4-4-0 at the March 10 Planning Commission' meeting. An ordinance rezoning the property to C-2 was left on. the first reading at the April 1.Council meeting.. Alderman Williams moved to suspend the rules and go to the second reading. Alderman Miller seconded. Upon roll call the motion passed on a vote of 6-0-1, with Alderman Young abstaining.. City Attorney Rose read the ordinance for the second time.. Alderman Young stated the company he works for has something to do with this so he will not participate in the discussion and will abstain on the vote. Alderman Daniel stated most of the Council has looked at the property. She could not see much benefit from this staying C-1. Alderman Williams agreed C-2 is appropriate for this area. Alderman Miller stated he has looked at this several times. It is surrounded by C-2 and there is no neighborhood to serve. Alderman Schaper had mixed feelings. We have a tremendous surplus of C-2 zoned land. This parcelis unique in that everything around it is developed commercial: As a case of infill that would increase the development density on Township, he would support this. Mayor Hanna asked for comments from the audience. There were none. Alderman Miller moved to go to the third and final reading. Alderman Zurcher seconded. Upon roll call, the motion passed on a vote of 6-0-1, with Alderman Young abstaining. City Attorney Rose read .the ordinance'for the third time. There being no further comments, Mayor Hanna called for .the •vote. Upon roll call, the ordinance passed on a vote of 6-0-1, with Alderman Young abstaining. ORDINANCE 4033 APPEARS ON PAGE OF ORDINANCE'BOOR April 15, 1997 CONSENT Mayor Hanna introduced for consideration 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. A. Minutes of the April 1 regular City Council meeting. Mayor Hanna stated there had been a couple of changes made to the minutes by Alderman Williams. He asked if there were any other changes. Alderman Williams moved the consent agenda. Alderman Miller seconded. Upon roll call the motion passed on a vote of 7 to 0. NEW BUSINESS SEXUALLY ORIENTED BUSINESSESUSEUNITS Mayor Hanna introduced an ordinance amending the Zoning Code of the City of Fayetteville to add sexually oriented businesses as Use Unit 32 and adult live entertainment clubs or bars as Use Unit 33. Mayor Hanna stated this came from the Ordinance Review Committee. City Attorney Rose stated this is essentially a bookkeeping item in that the Council has already passed an ordinance making sexually oriented businesses conditional uses. This attempts to put what the Council has already voted on into our format and describes it as Use Unit 32. The category of adult live entertainment club or bars is an attempt to regulate those businesses that are semi-nude clubs or bars, exotic dance clubs or bars, go-go dancers, strip clubs or bars, and gentlemen's clubs. These things are not quite as racy as sexually oriented businesses but the Council wishes to regulate them regarding alcohol. We have created a new Use Unit 33 for those establishments and limited those use units to C-2. City Attorney Rose read the ordinance for the first time. Alderman Williams explained that there had been some Constitutional problems in trying to make restrictions on just a gentlemen's club if they complied with the Arkansas Beverage Control Law. It was something that had not been controlled in other places. This restricts them to C-2 so they could not locate in the Dickson Street area downtown. Mayor Hanna asked for comments from the audience. There were none. 115 n . 11. i ¢.4 11 C April 15, 1997 Alderman Williams moved to suspend the rules and go to thesedond, reading. .Alderman Miller seconded. Upon roll call the motion passed on a vote of 7 to 0. City Attorney Rose read the ordinance for the second time. - Alderman Trumbo moved to suspend the rules and go to third.and final reading. Alderman Young seconded. Upon roll call, the motion passed on a vote of 7 to 0. City Attorney Rose read the ordinance for the third time. There being no further comments, Mayor Hanna called for the vote.- `Upon 'roll call, the ordinance passed on a vote of 7 to 0. ORDINANCE 4034 APPEARS ON PAGE OF ORDINANCE BOOK e• ENGINEERING CONTRACTNORTH& MISSION INTERSECTION ,Mayor Hanna introduced a resolution approving a contract with Jerry D. Sweetser, Inc., in the amount of $137;681.50 plus a 15% contingency of $20,653.50 for the construction of North Street and Mission Blvd. intersection improvements. Alderman Trumbo stated it was his understanding that this is more than what it was when it was in the' capital improvements budget two years ago but that we are doing more to the intersection. Wayne Ledbetter, City Engineer, explained the project. --Weare: providing curb and gutter, medians, access ramps, sidewalks,' and' pedestrian signals. Kevin'Crosson, Public Works Director, stated the main differences were the approaches on Mission. We are adding considerable length -on both sides, also somewhat on North Street._• Ledbetter stated the reason for the project is to improve the northbound movement. The scope has probably changed because the approaches are longer to accommodate approximately five -.vehicles. It is a little over budget but all the bids were within a few cents and this bid is under the engineered estimate for the bid. Construction equipment will not be out prior to 8:30 or after 4:30, not the optimal construction scenario. All the engineering work Was -done in house. Alderman Schaper pointed out the City is using its money to make improvements to a State highway. Mission at that point is State Highway 45 and we will not be receiving any State rebates. Alderman Williams thought intersection improvement is almost always the best use of our scarce funds. It costs less than rebuildingthe entire road and traffic problems are usually at the intersections. 1 1 117 April 15, 1997 Ledbetter noted that this project has been approved by the highway department on all aspects. Alderman Miller moved the resolution. Alderman Schaper seconded. Upon roll call, the resolution passed on a vote of 7 to 0. RESOLUTION 37-97 AS RECORDED IN THE CITY CLERK'S OFFICE. BUDGET ADJUSTMENT TO INCREASE OVERTIME --FIRE DEPT. Mayor Hanna introduced a budget adjustment to allow for an increase in overtime as needed to increase daily minimum staffing from 17 persons on duty to 18. Mickey Jackson, Fire Chief, explained this is a request to increase daily minimum for current fire stations from 17 people to 18, with an objective of looking at it at the beginning of the fourth quarter and going to 19 people at that time. We've had 17 minimum staffing for about a year and a half. We need to increase by two more for the current stations. To do that for the remainder of this year, he estimated it would take an infusion of about $25,000 into his overtime budget. He maintains minimum staffing with overtime. He has 22 people assigned to each of three working shifts. A minimum staffing of 17 allows up to five per day off for various reasons. He allows a maximum of three at any given time or day to be on vacation. Jackson stated his plan is that $25,000 will fund all he wants to do for the remainder of this year, including increasing to 19 at the beginning of the fourth quarter of this year. It is hard to commit to that as overtime is the least predictable and controllable expense in the department. Based on his past experience, this budget infusion will do it for this year. Going into the fourth quarter we will look at those figures and if the line item account looks healthy he will approach the Mayor about an increase to the 19th person. Alderman Daniel moved the resolution. Alderman Miller seconded. Upon roll call, the motion passed on a vote of 7 to 0. RESOLUTION 38-97 AS RECORDED IN THE CITY CLERK'S OFFICE. BUDGET ADJUSTMENT TO HIRE FIREFIGHTERS Mayor Hanna introduced consideration of a resolution approving a budget adjustment for the hiring of three additional firefighters on or about May 1. Mickey Jackson, Fire Chief, explained this is being done now to begin hiring people for the additional fire station planned to be built in 1998. We will need a minimum of 12 additional people to open the doors of that fire station. He hopes to have it ready to open during the third quarter of 1998 and wants to have those people hired, through minimum standard school, certified as 5 1118 April 15, 1997 firefighters, and have a year or so of firefighting experience _ behind them. Jackson stated the plan is to hire three now. If the general fund budget is in good shape, he will come back to the Council with a request for three more at the beginning of the fourth quarter of this year and will request in the 1998 budget to hire three at the first of the year and three at the beginning of the second quarter. Jackson explained the mix of experience on each shift, the application procedure, and the siting of the new station. Alderman Williams moved the resolution. Alderman Miller seconded. Upon roll call, the motion passed on a vote of 7 to 0. RESOLUTION 39-97 AS RECORDED IN THE CITY CLERK'S OFFICE. CUSTODIANS FOR AIRPORT %.a Mayor Hanna introduced a resolution approving the hiring of 3 new custodial employees to provide 19 hours of cleaning service per day at the Drake Field terminal building for an annual cost of $61,300. -. Mayor Hanna stated Dale Frederick, Airport Manager, has talked to the City's maintenance. superintendent, Harold Dahlinger; and they are still working on what would be the best way to do this. However, the money will have to be appropriated. As originally discussed, it would be three additional employees under the airport's management. It is not certain that is the best way to go, but we still need the budget because the contract ends at the end of this month and we've extended it for thirty days. Alderman Trumbo asked if the City was also going to explore bids from other companies. Mayor Hanna replied not more bids but we will look at the most cost effective ways to do it for the City. Alderman Miller clarified that the hiring of three people would come out of the airport fund regardless of how they are used. Alderman Young further clarified that this resolution is just for the allocation of the money, not necessarily for hiring new employees Alderman Williams asked if the Council should follow this resolution or state it differently. City Attorney Rose replied there was no reason not to follow this resolution. It authorizes the hiring of three new custodial employees; it is not specific as to which department they will be hired in. Their purpose is to provide cleaning service to Drake 119 April 15, 1997 Field. The budget adjustment is to allow the airport to have enough funds, even if it is a reimbursement to our custodial department, to provide for those services. So the resolution fits. Alderman Trumbo moved to approve the resolution. Alderman Zurcher seconded. Upon roll call, the motion passed on a vote of 7 to 0. RESOLUTION 40-97 AS RECORDED IN THE CITY CLERK'S OFFICE. GREENSPACE WAIVER Mayor Hanna introduced a resolution waiving the greenspace land requirement and accepting money in lieu for the proposed Meadow Brooks Apartments large scale development. Alderman Young stated the company he works for is working on this project, so he will not participate in the discussion of this issue and will abstain on the vote. Alderman Schaper noted that the original Parks Board discussion was around the 2.4 acre greenspace dedication requirement and everybody on the Board wanted land and was Dust debating on which piece of property was most suitable. At the latest meeting, there were very few comments and all of a sudden the Board was willing to take money instead of land. He needed a little more information. Bill Ackerman, Parks & Recreation Board Chairman, responded that under the existing ordinance, if it is over 100 units in the development, the Board has no option but to take land. They went out and met the developers on the site. After a lengthy evaluation of the property, the Board selected the 2.4 acres they would like to have. He showed on the map which acres these were. By choosing those acres, there were some drainage problems and other engineering necessities. The developer evaluated their project and recognized it probably would not be feasible to do the project and give the City these 2.4 acres of land. The Board looked at another piece of property and did not feel it was practical. Alderman Schaper was confused, The amount of land required is development, andthe amount of amount of land available to be as these things all go together. proportional to the amount of development is proportional to the developed. Mr. Ackerman stated that with this design, they have provided approximately eight acres of usable greenspace. Alderman Schaper pointed out it is private land and most of it is one to three slope. He asked what kind of park utilization you get out of that. 120 April 15, 1997 =Mr.Ackerman stated the developers have demonstrated they are Willing to develop much of the greenspace'-area beyond what the\ Board would be willing to do because of the cost. If.the project goes through as proposed, the Board, after its second meeting and understanding what the developer was willing to do, would prefer to have money in lieu of land based on what the developer was willing to do in addition to requirements. Alderman Schaper remarked that it still would be private open space. Alderman Williams stated the reason for theneighborhood park ordinance was to create a park space for the residents of the subdivision or apartment complex, rather than city wide. Thatis why parking should have no consideration. However, the park should have access to the people who actually live in the project. If a park is put where the Board is talking about, the people at Ramay would use it a lot more than the tenants and we want it for the tenants. Tom Hopper, of Crafton, Tull & Associates, summarized the. project and reviewed a map which showed slopes and undisturbed trees. He stated this project has been fully designed to follow. City ordinances. Storm drainage would be picked up and piped down. to the ponds. The ponds would be wet ponds, aestheticallypleasing with fountains. -There can be trails and walkways to give access to the green areas. Picnic tables, benches, and so forth will be constructed. The building is designed to wrap around the side of the hill. Alderman Schaper read from the grading ordinande'and asked what it meant to Mr.. Hopper. He read, "Development .shall conform to the natural contours of the land, natural drainage ways, and other existing site conditions." Shaper stated -the only natural drainage way has disappeared into a pipe and 800 of the:existing contours are totally changed, including fill to the depth of% about 25'. Mr. Hopper agreed this is correct forsome. areas, but in general the access to the property follows the.contours. Kevin Crosson, Public Works Director, stated the. Council is hearing the subdivision rather than the greenspace ordinance thought it should focus on the greenspace ordinance. Alderman Miller asked for clarification of who would use this; the public or residents only. 'I -Ie also asked where the land. Will come from•to meet the greenspace requirement of between 55 and 109 acres needed in three years for the southwest side of.town.. and Mr. Ackerman replied that the Parks Board is aggressively looking for land. In this area, they are investigating a four acre tract that would make a nice community park. 8 April 15, 1997 Jim Lindsey, developer, responded that anyone could come to these picnic tables. They would not have to live there. If they cause problems, he would ask them to leave. Mr. Lindsey stated he thinks the density of this project is good and he has abided by every ordinance. Now he is dealing with one question about parks. If the Council wants a bill of assurance that the public can use the picnic tables and certain areas, if they want it fenced with a public entry, he'll do it. He stands ready to pay the money and also provide some additional land. The issue is how to use a piece of land under the rules and ordinances of our City as they exist today. They have pine groves; if there is any erosion whatsoever, he would put a retaining wall there. He will not let erosion happen. He has had test borings done that meet the requirement of the three to one slope. He has met what the staff says he was supposed to do. Mr. Lindsey stated that the Council has the right to say they don't like this. If they make that decision, his position would be to drop to 96 units and take it back to the Parks Board. Alderman Schaper appreciated seeing the grading and tree preservation information regarding what was to happen to the one to three slope section, the cut and fill sections. He had looked for this information and could not find it. He asked if the plan had been amended, now talking about sod and dense pine trees. The only trees on the tree preservation plan were the post oaks in the parking lot islands. Mr. Lindsey responded he did not know what Tom Hopper does. He just knows that on a three to one slope, he would sod that slope and plant it in dense pine trees. Alderman Schaper stated he wanted to be completely clear that that is how Mr. Lindsey is going to treat those slopes. He asked Charles Venable, Assistant to the Public Works Director, if he had seen an addendum to the grading plan that indicates this. Mr. Lindsey stated they have not submitted that. They did not submit the park on Gregg or the total level of landscaping done on Crossover. Alderman Schaper pointed out the grading plan specifications ordinance, Section 0 says, "The method of treatment for all slopes and benches shall be indicated." It is not excluded from the preliminary plan. Crosson stated this development is in process. It goes before the Subdivision Committee Thursday. Alderman Schaper stated the information being discussed should have been submitted with that plan as it bears on the greenspace. 121 1122 April 15, 1997 Alderman Williams corrected a misquote ina recent newspaper article. Mr. Lindsey commented on what he had done in the past regarding clearing land at a certain location. He stands ready today tb build the path in the back and fulfill all he said he'd do. Alderman Williams stated he would like to see the path built as soon as possible and might draft up aresolution to make that official. Regarding the current project, Alderman Zurcher stated he thought. it was{a lot easier to find park land down where the detention pond is. He recalled a conversation with Alett Little, Planning -% a, Director, regarding hillside development where she stated she' .. thought a lot of that'stuff is covered in other ordinances. He'. :asked if this is allowable under the grading ordinance. Little responded that she does not know the grading ordinance as she does not enforce it. The conversation referred to was about hillside development and she was going over the tree ordinance, grading ordinance and the drainage ordinance to educate. herself. The engineering division does a thorough job of looking at the grading plans. She does not know where they are in that process. Crosson stated Venable has looked at it somewhat. There are cut and fill provisions in the ordinances that will allow that. You have the general statement that youshall follow the contours of the land and also have very specific portions of ordinances that allow cut and fill areas. Little stated that "following the contours of the land" is a purpose statement and may not be well backed up. Alderman Williams was concerned that so much of this property will have to be the one to three. slope. That favors slightly having not as many apartments there. He asked if there were drawings showing 96 units, two fewer buildings. Mr. Hopper responded that to do that they would reduce'the two\ outside units. - Alderman Williams stated this would reduce the amount of money the City would get by about $5,000 and Lindsey would not have to do as much cut and filling. Mr. Hopper stated there would be some reduction, but not significant. Alderman Schaper stated that if Lindsey did the 96 units and gave land, the two units in the section the Parks Board originally wanted could be the ones eliminated. He did not understand why two units would be eliminated on the top where there would already be substantial land disturbance. 10 April 15, 1997 Mr. Hopper responded that access to these two units is probably the best access and this is the prime land of the property. Alderman Williams asked if this land would be steeper than the land running down to the pond at Crossover. Mr. Lindsey stated this land would be as steep as that. Alderman Miller asked for confirmation that the ponds will be wet ponds. Mr. Lindsey replied they will be wet, with fountains, and deep and clear. Mr. Lindsey further reviewed the project, stating it will be sodded and densely planted in pine trees. It will have a green belt that will remain consistent and will break into the natural land in the middle of the project and up around the perimeters. He showed which buildings would be taken off if forced to 96. He stands ready to do more than just build the project. Alderman Miller asked what the fate of the existing structures will be. He was informed they are owned by a private individual and are not part of the parcel. Alderman Daniel asked what the percentage of the greenspace now in the plan is. Mayor Hanna replied five acres would be buildings and parking and eight acres would be left open. Alderman Schaper asked what the Board's position would be on land or money if the waiver was turned down and it goes back to the Parks Board for further consideration and Mr. Lindsey went to a 96 unit development. Mr. Ackerman replied they would take the money instead of the land. Initially, they wanted the land when they could have the heart of the project. That is not practical or feasible. They evaluated the facts presented outside the ordinance requirements. The developer was willing to do more in land and improvements than we could afford to do if they gave the City the land. Alderman Schaper thought the Board's mission was not to secure private green open space; it is to work with public open space The fact that the developer is doing it for the tenants should not have any bearing on the Park Board's decision. We do need more public park land. 11 =123 April 15, 1997 Alderman Williams disagreed. The reason the neighborhood park ordinance was created was for the people who were going to live in the development, to provide a park for. them right there. He recalled Mr. Lindsey did say this would be available -to the public. Jeff Erf, 2711 Woodcliff Road, urged the Council to require dedication of land for this project. He asked Mr. Lindsey if this was a taxpayer subsidized project. Mr. Lindsey replied they would use tax credits. Mr. Erf asked how much that would be. He understood it was. about' two and a half million dollars. He further stated this will.be a low income housing tax credit program as part of Section 42 of the IRS code and Mr. Lindsey has several of these projects in town. His understanding is that these tenants would have to earn less than 60°% of median income. His concern was that these are the typeof people who can least afford to travel to the.other side of town to go to a park. In effect, taxpayers are paying for this and he would like to see it a little nicer with more open greenspace, more livable. Mayor Hanna asked for further comments from the audience. There were none. Alderman Trumbo moved to approve the resolu'tionas presented: Alderman Daniel seconded. Upon roll call, the resolution .passed on..a vote of 4-2-1, with Aldermen Zurcher and Schaper voting no and Alderman Young abstaining. RESOLUTION 41-97 AS RECORDED IN THE CITY CLERK'S OFFICE. OTHER BUSINESS -24TH STREET SIDEWALK Mayor Hanna stated the Council had been given petitions concerning the sidewalk on 24th Street. Mr.» Rex 'Watkins, 2817 Club Oak Drive, stated a petition had been brought to the street commission requesting they not put.a -sidewalk up the hill with that new street. They would like•that -sidewalk deleted. It is not needed and would cost about '$40,000 'that could be spent somewhere else. • Alderman Daniel stated she. was not keen on waiving sidewalks. 'Maybe more people would walk there if there was a sidewalk. Alderman Zurcher had heard of two or three people who walk up and down that street all the time. 12 April 15, 1997 Mr. Watkins was puzzled by the plan to build the sidewalk up to 26th Street and then stop. The highway will be built all the way to Ravenswood, which is where the sidewalk is needed. Alderman Williams asked if the sidewalk would go the entire length of the improvement to the street. Charles Venable, Assistant to the Public Works Director, replied there would be a sidewalk there. Alderman Miller stated one of the concerns he'd heard is who will maintain that sidewalk when it gets ice and snow on it. He asked if the City was willing to chert that sidewalk when they do the road. Kevin Crosson, Public Works Director, responded no as the City does not do that on any other City sidewalk. In response to a question from Mayor Hanna, Wayne Ledbetter, City Engineer, explained the actual savings would be about $26,000. Mr. Watkins stated the apartment complex needs a sidewalk. He would rather see that money spent on School St. rather than up the hill. Alderman Daniel stated the chairman of the Street Committee had said the money saved if this wasn't put in would not go directly to School St. It might be put in a general fund. Alderman Young stated if the sidewalk is not done, he would be in favor of seeing that money go into sidewalks. Alderman Williams stated he has received calls from residents who are on the other side of the issue and did not sign the petition. It has been City policy to put down sidewalks when we rebuild a street, especially in residential areas. Alderman Schaper stated there are policy considerations that go above the immediate savings. Staff has been concerned that if we waive this sidewalk and don't follow our own standards, how can we ask developers to follow our standards. Carol Hawkins, E. 28th Circle, stated there are plenty of places to walk up and down the hill. She has never seen anybody walking up and down the hill. Some residents have concerns about bikes, skateboards, and rollerblades. Chuck Rutherford, Sidewalk Superintendent, agreed with the issue that if we ask developers to do this, the City should do this. He also felt as tax payer money is improving this for vehicle use it should improve use for the pedestrian. 13 125 126 April 15, 1997 Mayor Hanna stated he has heard from developers asking if the City would be amenable to waiving sidewalks in their subdivisions. if the Council passed this waiver. Alderman Young stated he is not interested decisions. If the City is going to have a changing sidewalks, we need to set it down in these piecemeal policy o£ waiving or in an ordinance. Joe Hurley, E. 26th Circle, stated he travels up and down .the mountain at least once a day. There are a lot of people walking in the road down there, children too: A sidewalk would add a lot to the safety of the street. The new road will cut out the' hairpin turn and cars will travel a lot faster going downhill and you don't need pedestrians on the street. Mayor Hanna asked if a motion was required. City Attorney Rose replied he thought the standards for subdivisions are in our ordinance; however, this being a -street and not a subdivision, it would be in the regulations we adopted by resolution. A simple resolution would be correct. He read a resolution he'd drafted. No motion was made for this resolution. ADJOURNMENT The meeting adjourned at 8:44 p.m. 14 •