HomeMy WebLinkAbout1998-05-19 MinutesA MEETING OF THE FAYETTEVILLE CITY COUNCIL
A meeting of the Fayetteville City Council was held on Tuesday;
May 19, 1998, at 6:30 p.m., in the Council Room of the -City `
Administration Building, 113 W. Mountain, Fayetteville, Arkansas.
PRESENT: Mayor Fred Hanna; Aldermen Heather Daniel, Cyrus Young,
Randy Zurcher, Trent Trumbo, Donna Pettus, and Kit
Williams; City Attorney Jerry Rose; City
Clerk/Treasurer Heather Woodruff; staff; press; and
audience.
ABSENT: Aldermen Len Schaper and Stephen Miller
Mayor Hanna called the meeting to order with six aldermen
present.
SUPPORT CHIEF WATSON/UNDERAGE DRINKING
Mayor Hanna introduced a resolution supporting Police Chief
Watson's efforts to stop underage drinking in Fayetteville.
City Attorney Rose read the resolution.
Alderman Trumbo commended Chief Watson and the Police
Department's efforts.
Alderman Zurcher suggested holding a seminar for the people who
run these clubs, before citations are given out.
Mayor Hanna said one had been heldjMonday evening and was well
attended.
Alderman Williams moved the resolution. Alderman Pettus
seconded. Upon roll call, the resolution passed on a vote of 6
to 0.
RESOLUTION 59-98 AS RECORDED IN THE CITY CLERK'S OFFICE.
CONSENT AGENDA
BID 98-33/LAKE SEQUOYAH BAIT SHOP RESTROOM: Award of bid 98-33
to Heckathorn Construction for the construction of a restroom
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facility at the Lake Sequoyah Bait Shop in the amount of $25,113
with a 15% contingency.
RESOLUTION 60-98 AS RECORDED IN THE CITY CLERK'S OFFICE.
BID 98-26/CREMATORY: Award of Bid 98-26 in the amount of
$44,097.13 to Bestech Environmental Resources, Inc., for a small
crematory for individual cremation services and a medium
crematory for mass cremation services, for use by the animal
shelter. The bid award includes installation.
RESOLUTION 61-98 AS RECORDED IN THE CITY CLERK'S OFFICE.
BID 98-31/POLICE MOTORCYCLES: Award of Bid 98-31 in the amount
of $45,773 to Cycle Connection for the acquisition of two heavy
duty police motorcycles.
RESOLUTION 62-98 AS RECORDED IN THE CITY CLERK'S OFFICE.
ENGINEERING STUDY/IL RIVER BASIN SANITARY SEWER: A resolution
awarding an engineering contract to RJN Group, Inc., for a
preliminary Engineering Study of the Illinois River Basin 16
sanitary sewer in the amount of $218,595 plus approval of a 10%
contingency of $21,859.
RESOLUTION 63-98 AS RECORDED IN THE CITY CLERK'S OFFICE.
MINUTES: Approval of minutes from the May 5, 1998, meeting.
Alderman Williams moved to approve the consent agenda. Alderman
Zurcher seconded. Upon roll call, the motion carried on a vote
of 6 to O.
There was no old business.
OLD BUSINESS
NEW BUSINESS
VA98-3.00/SUNBRIDGE/KEATING
Mayor Hanna introduced an ordinance vacating a portion of a
utility easement located on lots 14 and 15 in Sunbridge
Subdivision. The request was submitted by Bill Keating on behalf
of Keating Joint Venture.
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City Attorney Rose read the ordinance for the first time.
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Kevin Crosson, Public Works Director, stated there are no
utilities located in this easemnt.; The City has received no
objections from the utility companies.
Alderman Williams noted this passed Planning Commission 6 to 0.
Alderman Williams moved to suspend the rules and go to second
reading. Alderman Trumbo seconded. Upon roll call, the motion
carried on a vote of 6 to 0.
City Attorney Rose read the ordinance for the second time.
There were no comments from the audience.
Alderman Trumbo moved to suspend the rules and go to the third
and final reading. Alderman Pettus seconded. Upon roll call,
the motion carried on a vote of 6 to 0.
City Attorney Rose read the ordinance for the third time.
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There being no further comments, Mayor Hanna called for the vote.
Upon roll call, the ordinance passed on a vote of 6 to 0.
ORDINANCE 4097 AS RECORDED IN THE CITY CLERK'S OFFICE.
VA98-9.00/DICKSON ST. ALLEY/FENNEL
Mayor Hanna introduced an ordinance vacating approximately 12' x
72.5' of an existing alley at 310 W. Dickson Street. The request
was submitted by Hiegel -Miller Architects on behalf of Joe
Fennel.
City Attorney Rose read the ordinance for the first time.
Alderman. Williams noted that the Planning Commission moved to
approve this subject to the property being converted to a utility
and drainage easement. He asked why this was left out.
Alderman Williams moved to add "and drainage." Alderman Zurcher
seconded. Upon roll call, the motion carried on a vote of 6 to
0. ,
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Alderman Pettus asked i` the letter from Mr. Fennel is a legal.,
binding easement.
City Attorney Rose did not know i` that could be enforced.
Alderman Young stated this is the kind of thing that gets lost,
as it is not filed at the courthouse.
Rose thought if it is not filed and a matter of record, it would
not be enforced.
Alderman Williams asked if the ordinance would not require them
to submit a legal easement in order for the vacation to go
through.
Rose agreed it is a condition of the granting of the vacation.
Kevin Crosson, Public Works Director, stated these concerns are
different from what the utility companies and the City have.
Their concerns are about drainage and utility access.
Rose stated this ordinance simply abandons the alley. It is only
contingent on the City reserving a right to the utility and
drainage easements. The Council can make it contingent on
something else.
Crosson stated his interpretation of what the Planning Commission
did is that they left the access arrangements between the private
property owners.
This item was left on first reading.
GIRLS SOFTBALL COMPLEX
Mayor Hanna introduced a resolution approving a construction
contract for $572,804 with Heckathorn Construction for Phase II
Girls Softball Complex located adjacent to Holcomb School.
Kevin Crosson, Public Works Director, stated Phase I involved the
earth work for this project and cost approximately $320,000.
There will be a third phase that will involve most of the
improvements above ground and the off-site improvements.
Alderman Trumbo stated this is a great use of the HMR tax and a
good reason to have it.
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Crosson added this will be a multi -use complex.
Alderman Williams moved to approve theconstruction contract.
Alderman Pettus seconded. Upon roll call, the resolution passed
on a vote of 6 to 0.
RESOLUTION 63-98 AS RECORDED IN THE CITY CLERK'S OFFICE.
AMENDING RULES OF ORDER
Mayor Hanna introduced a resolution amending the Rules of Order
of Procedure to require the support of three aldermen in order to
place a discretionary item of new business on the City Council
agenda.
Alderman Williams pointed out this would be only for a
discretionary item that one of the aldermen present at the agenda
session would object to.
Alderman Young asked if it would take one proposing alderman and
two others to support putting it on the agenda and why wouldn't
it require two aldermen to object to it.
Alderman Williams replied it would give any one of them the right
to say let's consider whether we really want that item on the
agenda.
Alderman Pettus felt it is a way to squelch controversial issues.
She does not want to close the forum and suggested looking at
alternatives. There are times when a resolution needs further
work in a committee. She passed out an amendment pertaining to
this.
Alderman Young stated it is getting harder for citizens to get
something on the agenda.
Alderman Pettus stated she intended to substitute the words "a
majority" for "three aldermen" in the last sentence and then add
the paragraph, "If less than a majority support the item, then it
will be referred to the appropriate Council committee for review
and recommendation as to future action."
Alderman Williams still supported having:only three aldermen in
favor of putting an item on the agenda, In. order not4to squelch
discussion.
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Alderman Zurcher asked f _t would come back to the Council no
atter wnat :he reco=tendat__: :he committee was.
The Counc_i agreed it would.
Alderman Williams agreed
agenda.
carrying this over to the next
BID WAIVER FOR SITE WORK/SUMMIT STREET WATER TANK
Mayor Hanna explained this was pulled from the agenda. The quote
received was not acceptable.
Kevin Crosson, Public Works Director, stated a bid will be done.
ADJOURNMENT
Alderman Williams announced an Ordinance Review Committee
meeting.
Alderman Zurcher announced an Environmental Concerns Committee
meeting.
Mayor Hanna adjourned the meeting at 7:05 p.m.