HomeMy WebLinkAbout1973-09-04 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS
SEPTEMBER 4, 1973
The Board of Directors of the City of Fayetteville, Arkansas met in regular
session on Tuesday, September 4, 1973 in the Directors Room of the City
Administration Building at 7:30 P.M.
Present: City Manager Donald L. Grimes; Purchasing, Personnel and Budget
Officer Sturman Mackey; Administrative Aide David McWethy; City Attorney
Jim McCord; City Clerk Helen Young; and Directors Orton, Purdy, Noland,
Utley, Murray, Carlson and Stanton.
Directors Absent: None.
Others Present: Representatives of the news media and members of the audience.
Minutes of the regular meeting of August 21, 1973 had been distributed to the
Board members prior to the meeting. There being no corrections:,additions, or
deletions, the minutes of the August 21, 1973 meeting were approved as mailed.
Director Carlson asked whether the new management of the Yellow Cab Company
had filed a corporate financial statement. City Manager Grimes replied that
they had filed the statement and that it appears to be in order.
Director Carlson commented that she hoped that the new City Attorney would
devote his full time to the City's legal work. City Attorney McCord stated
that he would devote his full time to City work at least for the first year
and would not be taking any probate work during that time.
INTRODUCE NEW CITY ATTORNEY JIM McCORD
City Manager Grimes introduced .the new City Attorney Jim McCord. Mr. McCord
stated that he is looking forward to serving the City of Fayetteville as City
Attorney and expressed thanks to the City Board of Directors for allowing him
this opportunity. Mr. McCord said that if he is uncertain of the answer to a
legal question which arises at a Board meeting, he will make a practice of
deferring answering that question until he can properly research the question,
at which time he will submit a written opinion to the City Manager who will in
turn distribute the opinion to the Board members. Mr. McCord added that he
will be happy to research a matter in advance of a Board meeting if a director
anticipates a legal question and askslhim to research the matter.
City Manager Grimes asked the Board members to channel requests for the services
of the City Attorney through the City Manager's Office as much as possible.
Mr. Grimes explained that he has also asked the Department Heads to channel
requests for legal service through his office so that he may have a better
knowledge of what the City Attorney is working on and thus Mr. Grimes will be
better able to establish priorities for the work to be done.
PEDESTRIAN SYSTEM PROPOSED FOR HYLAND PARK
John Lisle, attorney for Hyland Park developers, was present at the meeting to
present plans for a proposed pedestrian system (sidewalks and pathways) for
Hyland Park, a planned unit development. Mr. Lisle explained that the developers
of Hyland Park propose to develop pathways along the backs of the lots rather
than along the streets. The purpose'of the presentation of this proposal to
the Board was to get the directors' ideas and tentative approval of the proposal
before taking the matter to the Planning Commission.
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Director Stanton asked whether the sidewalks and pathways would be placed on
utility easements. Mr. Lisle replied that there might be cases where that
would occur, but since the utility easements will be dedicated easements, if
service is required to the utilities it will be the responsibility of the
homeowners' association of Hyland Park to make any necessary repairs to the
sidewalk or pathway. Mr. Lisle reported that the pathways will be of
asphalt because asphalt provides a better all-weather surface, it is cheaper,
and the color of asphalt will blend better in the proposed development.
In answer to Mayor Purdy's question, Mr. Lisle stated that the pathways will
be at least four feet wide. The planner of Hyland Park said that the side-
walks will have a base for proper drainage, but that extensive sub -basing
will not be necessary since there will be no vehicular traffic on the paths.
No driveway or street will cross the paths.
City Manager Grimes, in reply to Director Utley's question, said that the
maintenance of sidewalks along the streets is the responsibility of the
property owners. Mr. Lisle said that the streets in the planned unit
development will be dedicated streets and will therefore be maintained by
the City.
Director Utley asked if there would be a sidewalk along Highway 265. Mr.
Lisle answered that there would be a sidewalk there but that it would be
behind a high fence.
Jim Lindsey, developer of Hyland Park, said that subdivisions which are
developed adjacent to Hyland Park in the future will be permitted to tie
on to the sidewalk system of Hyland Park. Mr. Lindsey explained that the
City Engineer has said that the fence along Highway 265 may be placed on the
25 -foot easement and, Mr. Lindsey added, the fence can be placed on the
eastern edge of the easement if that would be more acceptable, however,
there would be a maintenance problem if the fence were placed on the eastern
edge of the easement.
City Manager Grimes said that the City should have a general statement from
the Hyland Park developers to the effect that as other subdivisions develop
adjacent to Hyland Park that the public will be allowed to use the sidewalks
around the border of the Hyland Park Development.
In answer to Director Carlson's question, Mr. Lindsey said that there will
be no commercial facilities in the development.
Director Utley noted that there is no eastern exit shown from the development.
Mr. Lindsey said that the eastern edge of the property is extremely steep and
he indicated that he did not feel that it would be possible to develop a street
on the eastern edge. Mr. Lisle explained that if through streets were
developed through Hyland Park it would spoil the effect the developers are
trying to accomplish by using the terrain much as it is naturally. Director
Stanton said that he felt that through traffic should be routed to the south
of Hyland Park. Mr. Lisle stated that the developers would be happy to put
an outlet for traffic on the eastern edge of the development when the time
comes if the City desires one.
All of the Directors voiced general approval of the concepts presented for
the Hyland Park development.
REQUEST FOR WAIVER OF SIDEWALK REQUIREMENTS FOR CENTERBROOK SUBDIVISION
Attached to the agenda was a copy of letter from Jim Phelps and Wells Bone,
developers of Centerbrook Subdivision, requesting that the Board of Directors
waive the sidewalk requirements for the Centerbrook Subdivision. The letter
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stated that: "The sidewalk requirement question was not raised to us until
very recently.... We feel that since the subdivision plat, improvement con-
struction plans, and financing plan was formulated without the requirement
for sidewalk construction that if sidewalks are required to be installed by
us, then a hardship will have been imposed. It would have been much cheaper
for us to construct the sidewalks in conjunction with the construction of
other improvements, including site grading back of curbs."
City Manager Grimes stated that he did not have a firm recommendation regarding
this matter, but that a possible compromise might be to require the developers
to install a sidewalk along one side of Northwood Avenue, then if the area
continues to grow and a school is constructed to the north of the subdivision
the youngsters will have a sidewalk to use going to and from school.
Director Utley commented that it appears that the Board has no recourse since
the final plat of the subdivision was approved without sidewalks, but he added
that it appears that a sidewalk along Northwood, which will be a through street,
would be advantageous.
After some discussion, Director Stanton moved that the City Manager be
authorized to present a compromise proposal to the developers of Centerbrook
Subdivision as follows: That a sidewalk be provided along the east side of
Northwood Avenue from the street entering from the Bypass to the northern
boundary of the subdivision for safety and extension of the sidewalk when
other subdivisions are developed adjacent to Centerbrook Subdivision on the
north. Director Noland seconded the motion.
Director Orton requested that a sidewalk also be provided along the service
road which adjoins Centerbrook Subdivision. Director Stanton agreed to accept
Mrs. Orton's requested amendment to his motion. Director Noland seconded the
motion as amended. Upon roll call vote the motion passed unanimously.
APPOINTMENT TO FAYETTEVILLE HOUSING AUTHORITY
Attached to the agenda was a'letter from Robert L. Dugan, Executive Director
of the Fayetteville Housing Authority, announcing the resignation of L. L. Baxter
from the Fayetteville Housing Authority.
Director Stanton nominated Roy Clinton for appointment to the Fayetteville Housing
Authority. Director Stanton reported that it is the unanimous recommendation
of the Board Nominating Committee that Mr. Clinton be appointed to the Housing
Authority and that Mr. Clinton serve a dual capacity as a member of the
Planning Commission and the Housing Authority until his term on the Planning
Commission expires on January 1, 1974. Mr. Stanton also reported that Roy
Clinton has said he is willing to serve a dual capacity until January 1, 1974
and that he does not wish to be reappointed to the Planning Commission.
Director Carlson nominated Mrs. David (Ginger) Parker for appointment to the
Fayetteville Housing Authority. Mrs. Carlson stated that she felt that Mrs.
Parker would contribute "...a new breath of ideas and a new breadth of concern..."
to the Housing Authority if appointed to serve on that Board. Director Carlson
reported that Mrs. Parker has said that she will be willing to serve as a
member of the Housing Authority.
Director Stanton said that all of the Directors were aware of the vacancy on
the Housing Authority Board, but that Mrs. Parker's name was not submitted to
the Nominating Committee for their consideration.
Director Utley stated that it might be well to consider these nominations
until the next regular Board meeting and he asked if there was any urgency for
this appointment. Mayor Purdy replied that the Housing Authority is short one
member at this time.
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Director Orton stated that she felt it might be a good idea to give this
matter more consideration. Mrs. Orton noted that there will be another
vacancy on the Housing Authority Board at the beginning of 1974 and it
might be well to consider Roy Clinton for appointment to the Housing
Authority at that time when his term on the Planning Commission will have
expired.
Director Carlson said, "I think that what comes before -the Board should
be the production of seven Board members, not the production of three.
I believe there should be consideration of all there is to offer."
Director Orton moved that this matter be tabled until the next regular
meeting of the Board of Directors. Director Carlson seconded the motion.
Upon roll call the following vote was recorded:
"Ayes" Orton and Carlson.
"Nays" Purdy, Noland, Utley, Murray and Stanton.
There being two "Ayes" and five "Nays" the motion failed.
Mayor Purdy called for a vote of "Clinton" or "Parker" for appointment to
the Housing Authority to fill the unexpired term of L. L. Baxter. Upon
roll call the following vote was recorded:
"Clinton" Purdy, Noland, Utley, Murray and Stanton.
"Parker" Orton and Carlson.
Mayor Purdy announced the appointment of Roy Clinton to the Housing Authority.
SANITATION RATES FOR COMMERCIAL SERVICE
An ordinance to clarify the provisions of Section 10 of the City Code of
Ordinances regarding rates for commercial sanitation service was left on
second reading at the August 21, 1973 meeting of the Board. The proposed
ordinance was attached to the agenda.
City Manager Grimes stated that the staff has reviewed the proposed ordinance
and recommends an amendment to the proposed ordinance in the first paragraph
so it will read as follows: "The monthly commercial rate shall be Two Dollars
Twenty Cents ($2.20) per month, per can, for each commercial establishment,
such can not to exceed thirty-two (32) gallons."
Mr. Grimes recommended that the remainder of the proposed ordinance remain
as written. Mr. Grimes explained that the billings for sanitation service
will be on a monthly basis, therefore, if a commercial establishment puts
an extra can out for one pick-up, they will be billed for an extra can for
the entire month.
Director Carlson requested that the proposed ordinance be further amended
to make the first paragraph of the proposed ordinance read as follows:
"The minimum monthly commercial rate shall be Two Dollars Twenty Cents
($2.20) per month, for one can, for each commercial establishment, such
can not to exceed thirty-two (32) gallons."
Director Stanton moved that the first paragraph of the proposed ordinance
be amended to read as follows: "The minimum monthly commercial rate shall
be Two Dollars Twenty Cents ($2.20) per month, for one can, for each
commercial establishment, such can not to exceed thirty-two (32) gallons."
Director Orton seconded the motion. Upon roll call vote the motion passed
unanimously.
City Attorney McCord read the proposed ordinance as amended the third and
final time, after which the Mayor asked the question, "Shall the Ordinance
pass'?" Upon roll call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton.
"Nays" None.
There being seven "Ayes" and no "Nays" the Mayor declared the Ordinance passed.
*Ordinance No. 1932 appears on page 204 of Ordinance and Resolution Book 3.
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ANIMAL LEASH LAW
Director Carlson suggested that the matter of consideration of a proposed animal
leash law be placed on the agenda soon so the Directors will have an opportunity
to present their ideas regarding the matter before the proposed animal leash law
is readied for placement on the ballot when a special election is called.
City Manager Grimes agreed that the matter should be placed on the ballot and
said that he intends to meet with the Humane Society and try to come up with a
mutually acceptable proposed ordinance. The proposed ordinance will then be
presented to the Board of Directors. Mr. Grimes said, "I don't think we should
get involved in promoting it (an animal leash law) or otherwise." Mr. Grimes
added, "I am not sure it would be wise to start getting into the details so far
in advance of an election."
Director Carlson said that she is proposing that the matter be discussed quietly.
REVENUE SHARING BUDGET FOR_1974
City Manager Grimes reported that Revenue Sharing regulations require that a
proposed budget for Revenue Sharing Funds for 1974 be prepared, submitted and
published soon. Mr. Grimes asked for authorization to prepare, submit and publish
a proposed 1974 Revenue Sharing Budget. The City Manager explained that this
action will not commit the City in any way. Mr. Grimes stated that the Board
will have an opportunity to approve the proposed budget for Revenue Sharing Funds
at the time the Annual Budget and Work Program for 1974 is considered.
Director Utley moved that the City Manager be authorized to prepare, submit and
publish a proposed 1974 Revenue Sharing Budget in order to comply with Revenue
Sharing regulations. Director Carlson seconded the motion. Upon roll call vote
the motion passed unanimously.
STREET IMPROVEMENTS - PUBLIC HOUSING EAST AND PUBLIC HOUSING WEST DEVELOPMENTS
Regarding the street improvement project'for streets'siarrounding the Public
Housing East development, City Manager Grimes recommended that the repaving
of the streets be done with curb and gutter on the housing development side
of the street utilizing Housing Authority funds Mr. Grimes explained that
this will not violate the existing street policies since the streets were
previously paved.
For streettimprovements for streets surrounding the Public Housing West
development, Mr. Grimes stated that, with the exception of property owners
on the south side of Stone Street, property owners in the area have agreed
to pay the cost of installation of curb and gutter in lieu of having this
project go into an assessment district. Mr. Grimes recommended that the street
improvements be accomplished utilizing property owner participation for the
cost of the curb and gutter installation if the property owners on the south
side of Stone Street are willing to participate. If the property owners on
the south side of Stone Street refuse to participate by paying the cost of
curbing and guttering, the project will have to go into an assessment district
which will triple the cost to the property owners, Mr. Grimes Said.
Director Carlson asked if the resurfacing project for streets surrounding
Public Housing East could be extended up the side of the Confederate Cemetery.
City Manager Grimes said that the City could'probably absorb the cost of
extending the improvements to the Confederate Cemetery, but that he would
have to come back to the Board with another recommendation for the additional
paving, curbing, and guttering.
Director Stanton moved that the City Manager's recommendations be approved.
Director Utley seconded the motion. Upon roll call vote the motion passed
unanimously
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STREET CUTS FOR WATER AND SEWER CONNECTIONS
Director Utley expressed his concern about the frequency of new or newly
resurfaced streets being cut for water and sewer connections. Director
Utley asked whether it would be feasible for the City, when a new street
is laid or when a street is resurfaced, to put in the water and sewer
connections assuming a future development on the other side 'of the street.
When something is built then, Director Utley said, the developer could be
charged as if a street cut had to be made.
City Manager Grimes explained that if the water and sewer connections
were above the surface there would be a danger that they would get broken,
and if the sewer connections were left underground they would be difficult to
locate since clay pipe cannot be detected with a pipe detector. For the
water connections, it would be relatively simple, Mr. Grimes said.
The City Manager reported that he has asked the City Engineer to submit a
proposed ordinance which would require tunnelling when possible for making
water and sewer connections.
Director Stanton suggested that perhaps a metal band could be placed on
the clay sewer pipe so it could be located with a pipe detector.
STREET RESURFACING - ROLLING HILLS DRIVE
City Manager Grimes reported that in the 1973 Annual Budget and Work
Program a slurry seal was recommended for Rolling Hills Drive from College
Avenue to Old Missouri Road. At that time, Mr. Grimes said, the street
had not deteriorated as much as it has now, and now it is to the point
that an overlay will be necessary to save the street. Mr. Grimes said
that some portions of Rolling Hills Drive will have to be stripped and
re -based The estimated cost of repairing Rolling Hills Drive is $20,000.
The City Manager recommended that the Appleby Road bridge project be
deferred until next year and that the funds allocated for that project be
used for the Rolling Hills Drive overlay project so that it may be com-
pleted this year.
In answer to Director Utley's question, Mr. Grimes said that the Appleby
Road bridge has not been designed yet and the City has no agreement with
the developer for the construction of the bridge this year.
Also in reply to Director Utley's question, Mr. Grimes stated that the
City ordinance requires two inches of asphalt and he showed pieces of
asphalt which were picked up from Rolling Hills Drive which measured 5/8
inch in depth. Water and heavy traffic on the street also contributed to
the street's deterioration, Mr. Grimes said
Director Carlson commented, "That bridge we approved at the last meeting -
there is not any development out there now. The need for a through street
on Sycamore is more urgent."
City Attorney McCord read a proposed resolution to authorize the transfer
of $15,000 from the 1972 Revenue Sharing Funds allocated for the construction
of a bridge on Appleby Road to Category B, Public Works Account 7521, 1973
Annual Budget and Work Program, for asphalt overlay of Rolling Hills Drive.
Director Noland moved the resolution be adopted. Director Utley seconded
the motion. Upon roll call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton.
"Nays" None.
There being seven "Ayes" and no "Nays" the Mayor declared the resolution adopted.
*Resolution No. 76-73 appears on page 175 of Ordinance and Resolution Book 3.
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EXTENSION OF SYCAMORE STREET_ACROSS RAILWAY RIGHT-OF-WAY
Upon request of Mayor Purdy, `City Attorney McCord read a proposed ordinance
entitled, "AN ORDINANCE AUTHORIZING THE EXTENSION OF SYCAMORE STREET ACROSS
THE RIGHT OF WAY OF THE ST. LOUIS -SAN FRANCISCO RAILWAY COMPANY; AND FOR OTHER
PURPOSES".
Director Stanton moved the rules be suspended and the proposed ordinance be
placed on second reading. Director Murray seconded the motion. Upon roll
call vote the motion passed unanimously.
The City Attorney read the proposed ordinance the second time.
Director Murray moved the rules be further suspended and the proposed ordinance
be placed on third and final reading. Director Orton seconded the motion.
Upon roll call vote the motion passed unanimously.
The City Attorney read the proposed ordinance the third and final time, after
which the Mayor askedrthe question, "Shall the Ordinance pass?" Upon roll call
the following vote•wasttecorded: •
"Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton.
"Nays" None.
There being seven "Ayes" and no "Nays" the Mayor declared the Ordinance passed.
*Ordinance No. 1933 appears on page 205 of Ordinance and Resolution Book 3.
PROPOSAL FOR HANGAR LEASE - TYSON FOODS, INC.
City Manager Grimes handed to the Board members a copy of a proposal for hangar
lease. The City Manager stated that Tyson Foods, Inc. proposes to lease a
tract of land 80 feet by 100 feet located between the large hangar and the fuel
farm at Drake Field for the construction of a prefabricated metal hangar 80 feet
by 80 feet at a cost of approximately $48,000. In lieu of lease payments, Tyson
Foods proposes to convey title of said hangar to the City of Fayetteville at
the expiration of a 20 -year lease
Director Stanton said that normally the lessor could expect to receive ground lease
payments plus ownership of the building at the end of the lease period.
Director Carlson stated that the lessee should also be required to maintain
the building during the term of the lease
After some discussion regarding what would be a fair charge for a ground lease,
Director Stanton stated that he thought that $900 a year for the ground lease
plus the City's being granted the title to the hangar at the expiration of the
term of the lease would be reasonable.
Director Stanton commented that the amount of income the City would derive from
gasoline sales, etc., from the lessee should also be considered when arriving
at the decision of what to charge for the lease of the property.
Director Utley asked whether the space proposed to be leased to Tyson Foods is
now used for parking. City Manager:Grimes replied that the space is a grassy
area off the strip and is not used for parking.
City Manager Grimes reported that the Skyways management has had an opportunity
to review the lease proposal and they can accept it.
In answer to Mayor Purdy's question, City Manager Grimes said that if a new
airport were constructed and the City acquired the 80 feet by 80 feet hangar
building, the building could be used for shop facilities or storage.
City Manager Grimes asked the Board members to think about the proposal for
the hangar lease and call him if they had other thoughts concerning the matter.
SPECIAL FOOTWEAR FOR ASPHALT LAYERS
Director Carlson asked if any action had been taken regarding the purchase of
special footwear for asphalt layers. Mr. Grimes reported that the matter has
not been discussed since the last meeting of the Board.
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ANNUAL REPORT
A rough copy of the Annual
Board members prior to the
Director Carlson suggested
members of the City Boards
be more replete.
Report for the City had been distributed to the
meeting.
that the report show the expiration of terms for
and Commissions and that the calendar of events
ADJOURNMENT
There being no further business, Director Stanton moved that the meeting
be adjourned. Director Orton seconded the motion which passed unanimously
whereupon Mayor Purdy declared the meeting adjourned.
APP VED:
Mayor yorr
ATTEST:
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