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HomeMy WebLinkAbout1974-06-18 Minutes86 MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS June 18, 1974 The Board of Directors of the City of Fayetteville, Arkansas met in a regular session on Tuesday, June 18, 1974 in the Director's Room of the City Administration Building at 7:30 P.M. Present: City Manager Donald L. Grimes; Administrative Assistant David McWethy; City Attorney Jim McCord; Darlene Westbrook, City Clerk, 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 The meeting was called to order by Mayor Russell Purdy. After a moment of respectful silence, the Mayor asked if any changes needed to be made to the minutes of the June 4, 1974 meeting. Copies of the minutes had been distributed to the Board members prior to the meeting. Director Orton requested a change on Page 79, Paragraph 1. The sentence pertaining to the statement made by the Northwest Arkansas Architects Council should read: "...the Council supported in principle the development of a mall..." Director Orton also asked that a spelling error be corrected in Mr. Elton Donaubauer's name appearing in the same discussion. On page 82, Director Carlson requested changes in the Flood Insurance Program discussion. In the fourth paragraph, second sentence, she requested the deletion of the phrase "...in a flood plain." Director Carlson requested sentence two of paragraph five be amended to read: "Also he said the subsi- dized insurance would not be available for new construction in a flood plain. If the new construction did not meet the specifications set out by the Ordinance, the developer would not be able to obtain a loan from a govern- ment agency or aninstitution insured by the federal government unless the City participated in the Flood Insurance Program Mayor Purdy then requested changing the first sentence in the first paragraph of page 81 to read "...and could be arbitrarily enforced." No further changes being necessary, the Board approved the minutes as amended. RECOMMENDATION FROM THE BOARD STREET COMMITTEE The recommendation concerning the continuation of the parallel access roadway west of Highway 71 North and north of Stearns Road had been tabled at the June 4, 1974 meeting. Manager Grimes reported that another postponement of the matter had been requested by the parties involved, and they requested it be included in the July 2, 1974 Board Agenda. Director Carlson requested materials and pertinenet information be sub- mitted to the Board concerning the roadway so members of the Board could be fully informed when the matter is discussed at the July 2, 1974 meeting. Manager Grimes agreed with Carlson's request and further added the matter would be discussed at the next meeting regardless of whether the parties involved were in attendance. 86 1 1 1 Director Orton made a motion to so table the recommendation with the stipulation the matter would be discussed at the July 2 meeting whether or not the parties were in attendance. The motion was seconded by Director Noland and passed unanimously in a roll call vote of the Board. RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT The Resolution,which was tabled at the May 21, 1974 meeting, would also designate the Northwest Criminal Justice Planning Council as the regional criminal justice planning agency for Fayetteville. The City Attorney read the Resolution after which Mayor Purdy called for discussion from the Board. Manager Grimes explained the council would review applications for LEAA funds and pass on the applications. The job could either be done by a State agency or by a local agency; however, Manager Grimes expressed his preference for a local agency to handle the job. The planning region would include nine counties and would require the services of a planner. Additional City staff would not be needed if the Reselutioneweiepudopted. Director Carlson was of the opinion that even though such planning agencies might be a "good thing", it could eventually lead to regional governments that would be remote from the people and proliferate the State payroll. Either the Mayor or a Board Director would serve as a member of the criminal justice planning board, Manager Grimes informed the Board. Following discussion, Director Noland made a motion to adopt the Resolution. After a second to the motion was made by Director Orton, a roll call vote was taken in which six "Ayes" and one "Nay",cast by Director Carlson, was recorded. Mayor Purdy declared the Resolution adopted. RESOLUTION NO. 39-74 APPEARS ON PAGE 49 OF ORDINANCE $ RESOLUTION BOOK IV RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE A SUBDIVIDER CONTRACT (Kenwood Hills Subdivision) The proposed contract is for the installation of utilities in the Kenwood Hills Subdivision. At the June 4, 1974 meeting, the pending Reso- lution had been tabled so the Board members could study an opinion pre- pared by City Attorney McCord as to the legality of the contract as the subdivision is located outside the City limits. Further research and opinion was offered by the City Attorney and was included in the June 18 Agenda. Director Orton made a motion to adopt the Resolution and Director Murray seconded the motion. In discussion, Director Carlson favored placing this,:.anliiethensuch responssbillities;hwithitheaCountyalanningsBoard ana thesCounty Judge. To placeuthedxegponsib lity withdthe City;, Dirpctoi.Caiison added, would result in therdoubling of the City's enforcement tasks. Director Stanton did not believe the'City would be adopting a practice of supervising subdivision outside the corporate limits if the decision was made to enter into the contract. Mr. Stanton described the proposed action as an "interim supervisory position". Although he did not favor an expansion of the City's duties, he felt the City would be justified in this particular case. 87 87 88 A motion was then made by Director Carlson to amend the motion made by Director Orton to indicate the contract would not set a precedent for future policies of the City; however, Director Orton reminded Carlson that the City had entered into such contracts before and suggested retain- ing the City's policy of making such contracts until such time the County Planning Board had demonstrated its capability for handling their duties. Director Carlson's motion died for lack of a second. There being no further discussion, Mayor Purdy asked if the Resolution should be adopted. Following a unanimous roll call vote of the Board, the Mayor declared the Resolution passed. RESOLUTION NO. 40-74 APPEARS ON PAGE 50 OF ORDINANCE $ RESOLUTION BOOK IV RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE A SUBDIVIDER CONTRACT (Sweetbriar Addition) The proposed contract would guarantee the installation of certain im- provements in the proposed Sweebriar Addition. City Attorney McCord read the Resolution to the Board after which Director Noland made a motion to adopt the Resolution. Following a second to the motion by Director Murray, the Resolution was passed by a unanimous roll call vote of the Board. RESOLUTION NO. 41-74 APPEARS ON PAGE 51 OF ORDINANCE F, RESOLUTION BOOK IV ORDINANCE APPROVING FINAL PLAT - Sweetbriar Addition The City Attorney read for the first time the Ordinance to approve the Sweetbriar Addition final plat and accepting and confirming the dedi- cation of street right-of-way and utility easements. Director Stanton made a motion to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Carlson and was passed unanimously by a roll call vote of the Board. Following the second reading, Director Murray motioned to further suspend the rules so as to place the Ordinance on third and final reading. Director Noland seconded the motion which passed unanimously by a roll call vote. The third reading being completed, Mayor Purdy asked for the Board's discussion. Director Orton cited the minutes of the May 16, 1974 meeting of the Plat Review Committee and asked if the changes requested in that meeting had been made to which Manager Grimes replied that he assumed the changes had been overseen by the Planning Commission. Director Carlson cited the lengths of Blocks 4 and 5,combined as one, as be- ing inviolation of Ordinance 1750 since the blocks exceeded the length limit without being broken by a street. Mr. Jerry Sweetser, developer of the addition, said he felt there was no need for a street running north and south from Elaine since Elaine Street connected with the Old Missouri Road thereby providing adequate accessibility to the addition. Mr. Sweetser said the Fire Chief had been contacted as to the location of fire plugs and the Fire Chief concurred with the locations of the plugs. Storm drainage facilities would be constructed under the advisement of the Street Superintendent. Mr. Sweetser said a suggestion by the Street Superintendent to extend a street bounding the east side of the subdivi- sion was not implemented because of the traffic the street would funnel through the subdivision from the Crossover Road. Mr. Sweetser did not think the extension and added traffic would be desireable for the exclusive subdivision. 88 1 Director:Utley requested the minutes reflect the circumstances for allowing the length of Blocks 4 and 5 to exceed the limits set forth in Ordinance 1750 since adequate accessibility was available without the added street and the fact that a golf course bounded the north side of the subdivision which would prohibit a northern expansion of the subdivision. It was Director Carlson's suggestion that a public walkway between Blocks 4 and 5 be added and made a motion to amend the Ordinance to include a statement to read: "The Board of Directors, on due consideration, waived without prejudice the requirements for block lengths as put forth by Ordinance 1750, in this particular instance." Director Orton seconded the motion which passed unanimously in a roll pall vote. In the form of a motion, Director Carlson submitted another amendment to the Ordinance. The amendment would require the easement between Blocks 4 and 5 be further designated a six foot pedestrian easement. For lack of a second to the motion, the motion died. Following slight additional discussion, Mayor Purdy asked if the Ordinance should pass as amended. There being seven "Ayes" and no "Nays", the Mayor declared the Ordinance passed. ORDINANCE NO. 2020 APPEARS ON PAGE 139 OF ORDINANCE $ RESOLUTION BOOK IV Mayor Purdy then yielded the floor to Mr. Bruce Kendall, a member of the County Planning Board. Mr. Kendall said he would like to correct some misconceptions some people had as to the capabilities of the County Planning Board. He stated the Planning $oaidsion had actually been in existence for some time and had completed regulations for mobile homes and subdivisions. Even though the City's five mile planning jurisdiction had given some problems, Mr. Kendall felt the County Planning Board was capable of assum- ing that responsibility as soon as the City was willing to relinquish the jurisdiction. Mr. Kendall stated he was not addressing the Board at the request of the County Planning Board, but rather was at the meeting for another purpose. RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXERCISE AN OPTION TO PURCHASE PROPERTY The purchase would be for the extension of Fletcher Avenue and would be bought from Franklin Williams. The strip, 80 feet wide and approximately one-quarter mile long, would be purchased for $7,200. The City Attorney read the Resolution after which the Mayor called for discussion from the Board. During discussion, Manager Grimes reported that the land for the Fletcher extension was being secured with short options as the land was available for acquisition and until the Board could approve the purchases. The option for the Williams property would expire on July 1, 1974. The City Manager said if the right-of-way for the project could not be purchased,the City would have to condemn land to assuret;the^FQetther.extension, Following discussion, Director Utley made a motion to adopt the Resolu- tion. The motion was seconded by Director Noland and passed unanimously in a roll call vote of the Board. RESOLUTION NO. 42-74 APPEARS ON PAGE 52 OF ORDINANCE $ RESOLUTION BOOK IV 89 89- 90 RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO ACCEPT AN AIRPORT PLANNING GRANT An application for a $20,000 grant for additional regional airport study costs was approved to be executed by the Board on January 15, 1974. The City having received notice that the grant had been approved, this Resolution would authorize its acceptance. The Resolution was read to the Board by the City Attorney. City Manager Grimes 'reported that the City of Fayetteville and the City of Springdale would each make a $5,000 contribution as their share of the grant match. There being no discussion, Director Noland made a motion to adopt the Resolution. Director Murray seconded the motion. The recorded roll call was six "Ayes" and one "Nay" cast by Director Carlson. Mayor Purdy declared the Resolution adopted. RESOLUTION NO. 43-74 APPEARS ON PAGE 53 OF ORDINANCE 4 RESOLUTION BOOK IV RESOLUTION REPORTING THE IMPROVEMENT COST STUDY FOR EVA AVENUE The engineering studies and cost estimates, as requested in a petition signed by Eva Street property owners and presented to the Board on May 21, 1974, were performed by the engineering firm of Neal Albright, P.E. Originally, the Street Department was to perform the study but was unable to because of recent heavy rains that burdened their work load. The estimated total cost was found to be $17,392.50. After the reading of the Resolution by the City Attorney, Director Carlson said she felt the 10o interest charged for the improvements was too high and acted as a deterrent to such street improvements. She cited the Arkansas Statutes as allowing street improvements to carry eight percent interest and motioned the Resolution be amended to indicate a seven percent interest rate. City Attorney McCord said the Act applicable togCity-im provement)diStrictstquthorizasathe AoardxitfriAreafors'-toecharge whatever interest stodedms nbseSsarpt slbfectcoaly to ahtegeparsenthepndtetuSQoeadary tc exceed ]C crcent. Manager Grimes said the 10 percent rate was used so as to encourage property owners to secure loans from institutions at lower rates instead of involving the City in the financing business. Director Stanton did not feel the City should charge less than what its costs were for undertaking the financing of the street improvement projects. The use of revenue bonds, Director Carlson felt, would be helpful for such projects since they would be issued for a specific purpose at a certain percentage rate and would be tax free. Director Stanton said it would not be feasible to issue revenue bonds each time a street improvement district was formed. Mayor Purdy said he was not willing to discuss the matter at great length since there had been no previous indication that the percentage rate would be questioned or discussed. The City Attorney reminded the Board that the improvement district would not be organized unless a petition containinetdpithiassacti d0$arftycin valuegofothe property,bwneeswinctheiiaistrict was submitted within sixty days. Mr. Benny Hicks, an Eva Street property owner, expressed his dismay at the high cost estimates and said he for one could not afford the expense. 90 1 • 0 1 1 Upon a question from Mr. Harris as to who would pay for the improvements and who would be responsible for maintaining the pavement, the Board told him the property owners must bear the expense but once the project was completed the City would maintain the street. He asked if state funds could be utilized for the paving projectand was informed by the City Manager that such funds were for the use of collector and arterial streets only. Mayor Purdy asked if inflation had been a figuring factor when the costs had been estimated and the City Manager answered that the City Engineer had suggested the figures be set at $20,000 to allow for inflation. Mr. Tom Dodson, another Eva Street property owner, also said he could not plan to pay his share of the costs since the estimates were more than he expected as he thoughtthe costs would be computed by the running foot instead of by the assessed value of each person's property. He felt the improvement district would die because of the high cost of the project. He then asked if there was any way the property owners could have oil applied to help eliminate the dust problem on Eva Street. Manager Grimes informed him the property owners would have to buy the oil but that the City would apply it to the street. He also told Mr. Dodson that a slurry seal could not be applied as it was prohibited in an effort to avoid substandard streets. There being no further discussion, Mayor Purdy asked for a roll call vote. Results of the vote were six "Ayes" and one "Abstain" cast by Director Stanton. The Resolution was declared passed by the Mayor. RESOLUTION NO. 44-74 APPEARS ON PAGE 54-55 OF ORDINANCE &, RESOLUTION BOOK IV RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE A PURCHASE OPTION FOR WATER STORAGE TANK SITE The proposed site is located near the crest of the East Township Road hill. After the City Attorney had read the Resolution, Mayor Purdy asked, for discussion from the Board. Manager Grimes indicated by use of a map the location of the proposed site saying the tank was needed at the particular site to provide adequate fire fighting pressure to the area. Mr. Grimes said he had requested the City Engineer to obtain estimates for attractive tanks. He also said a lift station site would have to be obtained in the near future to pump water to the tank. Mayor Purdy agreed that the City was lucky to find the site at a good price and recommended the purchase be made. Discussion being completed, Director Murray made a motion to accept the Resolution; Director Noland seconded the motion. Upon a roll call vote the motion passed unanimously. Mayor Purdy declared the Resolution passed. RESOLUTION NO. 45-74 APPEARS ON PAGE 56 OF ORDINANCE &..•RESOLUTION BOOK IV • RESOLUTION AUTHORIZING ALLOCATION OF A PORTION OF THE GENERAL FUND OPERATING 1 RESERVES The funds would be used as the local share of the Garland Avenue/North Street: intersectionixmprovement costs under the Urban Systems Program The project was the first priority listed and approved by the Board of Directors at the May 7, 1974 Board meeting. For the work to be instigated, the City must have a 30 percent local matching share available; thus the $40,000 allocation is being requested. Manager Grimes felt the reserves would not have to be spent but they must be allocated so the project could be programmed and budgeted in 1975. 91 91 92 Director Orton made the motion to accept the Resolution. Following a second to the motion by Director Noland, the motion passed unanimously in a roll call vote of the Board. The Resolution was declared adopted by the Mayor. RESOLUTION N0. 46-74 APPEARS ON PAGE 57 OF ORDINANCE $ RESOLUTION BOOK IV CORRESPONDENCE AND OTHER BUSINESS Bid No. 261 - 1" Copper Pipe: Manager Grimes recommended the bid for 3,540 feet of one inch copper pipe be awarded to Temple Supply at $1.28 per linear foot. The price would be in effect only if awarded on this date. There being no discussion, Director Stanton made a motion to so award the bid and Director Murray seconded the motion. In a roll call vote of the Board, the motion passed unanimously. RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT FOR AIRPORT FENCING City Attorney McCord read the Resolution which would accept the grant for project number 8-05-0020-03 for Drake Field Fencing in the amount of $15,565 Mayor Purdy asked for discussion from the Board and there being none, Director Orton made a motion to adopt the Resolution. Director Murray seconded the motion which passed unanimously in a roll call vote of the Board The Resolution was declared passed by the Mayor. RESOLUTION NO. 47-74 APPEARS ON PAGE 58 OF ORDINANCE F RESOLUTION BOOK IV RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE CONTRACT The bid for installation of a security fence at Drake Field had been awarded to Modern Fence Company at the June 4, 1974 meeting. The City Attorney read the Resolution authorizing the Mayor and City Clerk to execute the contract with Modern Fence Company. A motion was made by Director Murray to adopt the Resolution and was seconded by Director Orton. The Resolution was declared passed after a unanimous vote by the Board. RESOLUTION NO. 48-74 APPEARS ON PAGE 59 OF ORDINANCE $ RESOLUTION BOOK IV ORDINANCE TO ADOPT THE 1973 EDITION OF THE SOUTHERN STANDARD HOUSING CODE The Ordinance was read for the first time by the City Attorney. Director Noland made a motion to suspend the rules to allow for the second reading. The motion was seconded by Director Orton and was passed unanimously by the Board Following the second reading, Director Stanton requested the Ordinance be left on second reading to allow for the Board members to consider the proposed Ordinance and related material. Mr. Charles Hoffman of the Building Inspection Department was present and explained the 1973 Code was being requested because the present housing Code did not include a penalty clause in case of violations. The City Attorney told the Board the lack of a penalty clause had resulted in cases involving violations being overturned because a fine had been levied. It was the will of the Board to leave the Ordinance on second reading. 92 1 1 1 REQUEST BY CITY MANAGER FOR AUTHORIZATION TO FILE FOR ADJUDICATORY HEARING City Manager Grimes reported to the Board that a delegation of repre- sentatives from Fayetteville, Springdale, Rogers, the Regional Planning Commission, and consulting engineers had met in Little Rock with EPA officials on June 18. The purpose of the meeting was to discuss with EPA the City's response to the specifications for discharge permits for sewage treatment plants. Since some of the specifications could not be agreed upon at the meeting, the City Manager, upon recommendation from the EPA, was requesting an adjudicatory hearing for the purpose of stopping the time frame for the deadline of meeting the specifications. Manager Grimes said he did not expect the hearing to become a reality. Director Noland made a motion that the request for the hearing be approved and Director Murray seconded the motion. Upon a roll call vote of the Board, the motion passed unanimously RESOLUTION REQUESTING HOUSING AUTHORITY TO DELAY ACTION RELATING TO THE OLD POST OFFICE BUILDING. Manager Grimes informed the Board he had been notified by Mr. Sterling Cockrill, Area Director for the Department of Housing and Urban Development, that it would be impossible for his office to meet with local groups in regard to the Old Post Office until after July 1. The meeting has been scheduled for July 22, 1974, Manager Grimes said. Director Carlson felt it would be beneficial for a meeting to be held prior to Jply 22 with all groups except HUD with the results to be submitted to HUD at the Jply 22 meeting. Mayor Purdy did not agree with Director Carlson's proposal as the petition presented to the Board on June 4, 1974, requested a meeting with all groups including HUD. To hold a meeting with- out HUD officials being present would not be in concurrence with the citizen's request. The Mayor suggested the Board request the Housing Authority to delay demolition procedures until after the meeting. DitectorJOrton Motioned to adopt a Resolution asking the Housing Authority to delay actions pertaining to the demolition of the Old Post Office building until after the July 22,1974 meeting between the City Board of Directors, Housing Authority, Fayetteville businessmen, and the Depart- ment of Housing and Urban Development. The motion was seconded by Director Stanton and was passed unanimously in a roll call vote of the Board. Mayor Purdy declared the Resolution passed RESOLUTION NO. 40-7A APPEARS ON PAGE 60 OF ORDINANCE F, RESOLUTION BOOK IV In other action pertaining to the Old Post Office, the Board also authorized the City Attorney to meet with legal representatives of the Housing Authority and the Department of Housing and Urban Development. RESOLUTION REQUESTING PLANNING DEPARTMENT TO RECONSIDER A PLANNING DECISION The Planning Commission had granted a request submitted by the Industrial Finance Company for approval of off-site parking for a multi -story building to be constructed on the West side of East Avenue and on the North side of Center Street. 93 93 94 Manager Grimes brought the matter to the Board's attention because the decision appears to be in conflict with an existing Ordinance prohibiting the use of parking facilities to serve more than one building. Such use of parking facilities, Manager Grimes stressed, would create problems with no easy solutions. He recommended the matter be reconsidered by the Planning Commission in view of the Ordinance pertaining to off-site parking facili- ties. Director Stanton agreed it should be reconsidered because the decision would set a precedent for other developers to violate the Ordinance. He also felt the Ordinance should be amended to specifically state who shall provide off-site parking. Mr. F. H. Martin, legal representative of Industrial Finance, said such use of parking facilities may be permitted by the Planning Commission upon their approval. He said precedent had already been set for the extended use of parking facilities since the Southwestern Bell Telephone building had re -used their parking spaces when they constructed an expansion to their building. Mr. Martin was of the opinion the decision should be left with the Planning Commission as such authority is given the Planning Commission in the Ordinances. Such regulations imposed upon the use of parking facilities would hamper downtown development, Mr. Martin said, and further added that an amendment to the Ordinance would be an overreaction on the part of the Board. He asked for an opportunity to review the available parking spaces and requested that the final decision of the Planning Commission be reflected in the minutes of their meeting. City Attorney McCord advised that the only action the Board could take would be to request the Planning Commission to review their decision and then ask the Planning Commission to consider an amendment to the existing Ordinance regulating parking facilities in order to clarify the use of off-site parking locations to meet off-street parking require- ments and to specify who shall provide the facilities. A Resolution was then read by the City Attorney which requested the Planning Commission to reconsider their decision for the Industrial Finance Company's parking facilities. Director Utley made a motion to adopt the Resolution. Director Carlson seconded the motion which passed following a roll call voti of`siaf"A}es&and one "Abstain" cast by Stanton. RESOLUTION NO. 50-74 APPEARS ON PAGE 61 OF ORDINANCE 4 RESOLUTION BOOK IV The Resolution to request the Planning Commission to consider an Amendment to the Ordinance regulating parking facilities was then read by the City Attorney. Director Carlson stressed that City parking facilities should not be counted against private requirements of merchants. -. Director Noland made a motion to adopt the Resolution and Director Murray seconded the motion. After a unanimous vote of the Board to adopt the Resolution, the Resolution was declared passed by the Mayor. RESOLUTION NO. 51-74 APPEARS ON PAGE 62 OF ORDINANCE F4 RESOLUTION BOOK IV ADJOURNMENT There being no further business, Director Stanton made a motion to adjourn the meeting. Director Murray seconded the motion which the Board approved. Mayor Purdy declared the meeting adjourned. ATTEST: Cl iktili b e, 6:74. 24 CITY CLERK 94 APPROVED: £ dt2 Qom, MAYOR 1 1