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HomeMy WebLinkAbout1978-04-04 Minutes212 MINUTES OF A MEETING OF THE BOARD OF DIRECTORS April 4, 1978 The Fayetteville City Board of Directors met in regular session on April 4, 1978 at 7:30 p.m., in the City Administration Building Board Room. PRESENT: Directors Ernest Lancaster, John Todd, Al Hughes, David Malone, Phil Colwell, and Ann Henry; City Manager Don Grimes, City Attorney Jim McCord, and City Clerk Darlene Westbrook ABSENT: Director Paul Noland OTHERS PRESENT: Members of the audience, representatives of the news media, and students of University of Arkansas Journalism and Political Science Classes CALL TO ORDER 212.1 The meeting was called to order by Mayor Ernest Lancaster. Following roll call and a moment of respectful silence, the Mayor called for consideration of the first item of business. 1 ORDINANCE REZONING PROPERTY - R78-1 / Highway 16 West / Randall Barnes & Ray Ralstall 212.2 The original petition had been heard at the March 14 meeting and an ordinance read three times and tabled. At the March 21 meeting, the Board referred the peti- tion back to the Planning Commission when the petitioner offered to execute a bill of assurance and to request a zone change from A-1 to R-2. 212.3 Attorney Rick Osborne was present to represent the petitioner and stated that his client was willing to provide restrictive covenants on a portion of the acreage to assure that nothing but duplexes would be constructed. The City Attorney advised that the covenants would be no more restrictive than the bill of assurance. 212.4 Director Todd noted that a majority of the Planning Commission members present had voted in favor of the amended petition and he felt they had been justified in believing an R-0 classification would have established a precedent. Todd felt it significant that sewer service be available. 212.5 Director Malone, seconded by Todd, moved to amend the ordinance to rezone the property from A-1 to R-2. The recorded vote was: Ayes: Todd, Hughes, Malone, Lancaster, Colwell, Henry Nays: None Absent: Noland The motion was declared passed and the ordinance amended. 212.6 There being no further discussion, the Mayor asked if the ordinance, as amended, should pass. The recorded vote was: Ayes: Todd, Hughes, Malone, Lancaster, Colwell, Henry Nays: None Absent: Noland The Mayor declared the ordinance passed. ORDINANCE NO. 2432 APPEARS ON PAGE 41 OF ORDINANCE & RESOLUTION BOOK VI 212 4/4/78 213 ORDINANCE REZONING PROPERTY - R78-6 / James Street & Mt. Comfort Rd. / Vernon Wilson The petitioner had requested rezoning of .93 acres on the southwest corner 213.1 of James Street and Mount Comfort Road from R-2 Medium Density Residential to C-1 Neighborhood Commercial. The City Attorney read an ordinance the first time to rezone the property from R-2 to C-1 for lots 6, 8, 9, and 10 of the McCormick Addition. Director Malone, seconded by Todd, moved rules be suspended and the ordinance 213.2 placed on second reading. The recorded vote was: Ayes: Todd, Hughes, Malone, Lancaster, Colwell, Henry Nays: None Absent: Noland (V The motion was declared passed and the ordinance was read the second time. CO Director Hughes, seconded by Malone, moved rules be further suspended and the 213.3 ordinance placed on third and final reading. The recorded vote was: Q Ayes: Todd, Hughes, Malone, Lancaster, Colwell, Henry Q Nays: None Absent: Noland Q The motion was declared passed and the ordinance was read the third and final time. Some confusion arose as to which of three proposed rezoning recommendations 213.4 was made by the Planning Commission. The City Attorney stated he had read the ordi- nance to rezone lots 6, 8, 9, and 10 of the McCormick Addition to a C-1 classifi- cation in accordance with Proposal 3 which was included with the Board agenda. Director Colwell contended that Planning Commission minutes reflected that Proposal Three, showing R-0 for lots 1 - 5 of McCormick Addition, had been approved. He was concerned that those lots might be rezoned without the property owners' knowledge. Malone said he would, following action on the ordinance, motion that the Planning Commission conduct a public hearing regarding lots 1 - 5 of the McCormick Addition if it is their desire that they be rezoned R -O. Director Todd believed, instead, that the Board should ask the Planning Commission to clarify their intent regarding R -O. Malone felt it would be consistent to refer it to the Planning Commission and ask for an opinion as to how it should be zoned and whether they had intended to rezone the property R-0. If so, then the Board should request them to conduct a public hearing for the R-0 zoning. News media representative, Scott Vanlandingham, advised that the Planning Commission had stated during their meeting that it was not their intent to rezone lots 1 - 5 to R-0. The Mayor asked if the ordinance should pass. The recorded vote was -1 Ayes: Todd, Hughes, Malone, Lancaster, Colwell, Henry Nays: None Absent: Noland The Mayor declared the ordinance passed. ORDINANCE NO. 2433 APPEARS ON PAGE 42 OF ORDINANCE & RESOLUTION BOOK VI SALE OF BONDS AUTHORIZED The Board, at its March 21 meeting, had considered approving the sale of $800,000 in General Obligation bonds for parks and library improvement projects, and $1.5 million in water and sewer improvement bonds. In the absence of the Board Water and Sewer Committee Chairman, Paul Noland, David Malone reported that the Water and Sewer Committee had met and recommended delay in the sale of water and sewer bonds until the sewer system study had been 213 213.5 213.6 213.7 213.8 9i84 i84 completed and the City's obligations are known. Malone also informed that the Committee had requested the City Engineer to submit a report on needed sewer projects as well as to indicate areas within the city not presently sewered. After all the information is available, Malone said they would again consider the issuance of water and sewer bonds. 214.1 The City Attorney read a reoslution to authorize the notice of sale for $800,000 in General Obligation bonds for parks and recreation and library improve- ments. First Southwest Company representative, Boyd London, stated that an earlier recall or payment date would have a substantial impact on the sale of the bonds since it would be difficult to achieve production with a call date prior to the one specified. He advised that an earlier call date would affect the ultimate interest rate. London said that a request for alternative bids which would allow for an earlier recall would require readvertisement. The Board's decision not to sell the water and sewer bonds would not have an adverse affect on the sale of the General Obligation bonds but an amended notice of sale would have to be published. He informed the Board that the terms had been amended to reflect that funds other than those from tax revenues could be used to retire the bonds. The request for a rating on the water and sewer bonds would be withdrawn, he said, since ratings are not recommended unless bonds are to be sold. 214.2 Director Malone, seconded by Henry, moved adoption of the resolution. The recorded vote was: Ayes: Todd, Hughes, Malone, Lancaster, Colwell, Henry Nays: None Absent: Noland The Mayor declared the resolution passed. RESOLUTION NO. 23-78 APPEARS ON PAGE 84 OF ORDINANCE & RESOLUTION BOOK VI REQUEST FOR WAIVER OF SUBDIVISION REGULATIONS - 793 Lighton Trail 214.3 Mr. and Mrs. Kermit Livingston, 793 Lighton Trail, had requested a variance from the 1.5 acre minimum lot size requirement of the subdivision regulations to allow septic installation for .4 acres of property not having access to a public sewer. The City Attorney read an ordinance the first time which would grant the waiver as requested. 214.4 The City Attorney explained that subdivision regulations had been amended to require a minimum of 1.5 acres for septic tank installation, provided that sub- divisions existing prior to the ordinance would not be subject to the regulation. He said this particular request would not be exempted from complying since the property in question was a split of the 1.5 acre lot. 214.5 Mr. Livingston addressed the Board and said the nearest neightbor to the proposed building site is 165 feet away. He said their property acreage totalled 1.5 acres and that his house is on the corner of the lot with the proposed building site located diagonally across the southwest corner of the property, fronting Rodgers Drive. Livingston said his neighbors are to the east of his property and he could not see how they would be affected by the tank. 214.6 Malone said that one thing that is significant is the fact that the Water and Sewer Superintendent recommends it and notes that sewer is not available. 214.7 Mrs. Dawn Dunnuck, 835 Rodgers, stated her objections to granting the waiver saying she would object to any septic installation on Rodgers Drive. She said the property in question "falls away" on the south and east sides. She believed failure of existing septic tanks was evidenced by the fact that fluids are present 214 1 1 4/4/78 215 in low points and that substantial water in the draihage ditch 20 - 30 feet below the Livingston property appeared to support algae growth. She contended that practically raw sewage was draining onto other properties along Rodgers Drive. Livingston disagreed with Dunnuck and said the flow is not towards her property. He agreed that the slope of the property is to the south and west but that it does not slope to the east. He said there is no way a septic tank could affect her property. Mr. Ray Gilbrech, owner of property adjoining Livingston property, stated he had no objections and would like to see the new home constructed. He contended that anything connected with development of that property would affect his property more than any other. Mrs. Dunnuck contended that Gilbrech's septic tank had not operated (v properly since he has lived there and she claimed that drainage from his tank (Y) flows to the south side of the street. Mrs. Dunnuck attributed recent illness LO to conditions under which she has lived. U An unidentified lady stated that water is visible in ditches and holes since it is surface run-off. She agreed that tanks are not the best alternative but that sewer is not available. Mr. Livingston stated that his septic tank, which is closer to the building site, has not given any trouble. Director Todd moved the waiver be denied. The motion was seconded by Malone and the recorded vote was: Ayes: Todd, Hughes, Malone, Lancaster, Colwell, Henry Nays: None Absent: Noland The motion was declared passed. i STREET IMPROVEMENT ASSESSMENTS - Street Improvement District 77-1 / Sycamore Street The Board was to consider levying assessments for Street Improvement District 77-1 (Sycamore Street). The City Attorney advised, however, that notification of assessment filing had not been published early enough to allow sufficient time for filing of assessment appeals. He recommended the item be tabled. Director Malone, seconded by Hughes, moved the item be tabled. The recorded vote was: Ayes: Todd, Hughes, Malone, Lancaster, Colwell, Henry Nays: None Absent: Noland The motion was declared passed. AWARD OF BID - Street Department Slurry Seal Machine Purchasing Officer Sturman Mackey recommended award of bid for one slurry seal machine to Slurry Seal, Inc., in the amount of $46,728.57. During discussion, Director Todd noted that the Street Superintendent advised that the City could realize a 19% savings by using the slurry seal. The City Manager said his past experiences with slurry seal had shown that a single applica- tion could seal cracks and holes while multiple applications could provide good wear. Street Superintendent Clayton Powell advised that the prime purpose of slurry seal is to delay rebuilding. He said the seal could be good for a minimum of three years, if applied properly. The recommended vendor had included with its bid training of City crews by factory representatives. He said the seal would provide preventative maintenance as well as prolonging life until reconstruction. 215 215.1 215.2 215.3 215.4 215.5 215.6 215.7 215.8 4/4/78 216 216.1 Director Hughes, seconded by Todd, moved approval of the recommendation. The recorded vote was: Ayes: Todd, Hughes, Malone, Lancaster, Colwell, Henry Nays: None Absent: Noland The motion was declared passed. OTHER BUSINESS WINTER STREET DAMAGE 216.2 The City Manager stated that the Street Department is in the process of re- evaluating street conditions to determine the amount of damage caused by winter weather. When the report is complete, Grimes said he would request a meeting of the Street Committee to make recommendations. WATER AND SEWER EXTENSION - Highway 71 Bypass and Sequoyah Woods 216.3 Director Malone stated that a number of problems are involved in regard to the possibility of extending sewer to an area west of the 71 Bypass and south of Highway 16 West. Extension of an existing line, installed at minimum depth because of rock formations, to the west would serve no more than 30 acres and would cost approximately $35,000. He said the Water and Sewer Committee did not recommend the extensions in that area since they felt some of the area would be served from the west and north as developments occur. 216.4 Malone then reported that a proposal to extend a water line from the Lovers Lane/Canterbury Road area to Phase II of Sequoyah Woods was not recommended at this time. He said they had requested the City Engineer to contact the developer and try to work out a satisfactory manner in which the developer and City could cooperate to accomplish the improvements. 216.5 The City Manager requested authorization to advertise for bids for extension of sewer from the 71 Bypass/Johnson Road intersection to serve the University farm. He explained that original plans were that the University would invest its available funds into construction of a sewer lift station. He said the City had persuaded them to put their money into the Bypass/Johnson Road sewer and to make a change order to their contract for that purpose. However, he said, the University's contractor had gone out of business. He requested Board authorization to advertise for bids for the project. He said the University would apply their funds to the gravity system project. 216.6 Director Malone, seconded by Henry, moved to authorize the advertisement of bids. The recorded vote was: Ayes: Todd, Hughes, Malone, Lancaster, Colwell, Henry Nays: None Absent: Noland The motion was declared passed. 1 1 DOWNTOWN PARKING 216.7 Director Colwell expressed concern for lack of planning to provide parking spaces during construction of downtown projects. He noted that planned construc- tion of a bank building, drug store, Continuing Education Center, and parking deck would displace approximately 500 parking spaces. He encouraged the Board to 216 1 1 4/4/78 217 consider where additional spaces would be provided. 'Director Hughes felt that the problem should be addressed by the downtown merchants. The City Manager stated that the Municipal Parking Authority has some improve- 217.1 ments planned which might provide some relief and he noted other spaces which will become available. Director Malone believed the City should proceed in the selection of a parking consultant which could formulate recommendations for parking facilities. He said he would try to provide information for discussion at the next Board meeting. RAILROAD CROSSINGS Director Hughes read a resolution expressing the Board's concern for mal- functioning railroad crossing warning lights. The resolution would also authorize N the City Manager to notify St. Louis/SanFrancisco Railroad of the Board's intent CO to take any prudent action necessary to immediately and permanently remedy the dangerous conditions. Director Hughes moved the resolution be adopted. Director U Todd seconded the motion. QThe City Manager verified that numerous calls and letters to the St. Louis San Francisco Railroad had failed to produce results. Director Todd felt the rail Q company should also be requested to proceed with the crossing improvements at West and Dickson Streets. Hughes noted that City crews, not railroad crews, had made repairs to the North Street crossing. Director Todd recalled a previous resolution authorizing the City Manager to take necessary action which would result in the improvements being made. The Mayor asked if the resolution should pass. The recorded vote was: Ayes: Todd, Hughes, Malone, Lancaster, Colwell, Henry Nays: None Absent: Noland The resolution was declared passed. RESOLUTION NO. 24-78 APPEARS ON PAGE 109 OF ORDINANCE & RESOLUTION BOOK VI PERSONNEL POLICY REGARDING POLITICAL ACTIVITY 217.2 217.3 217.4 Director Hughes, noting a City employee's candidacy for State Representative, 217.5 wondered whether the City would keep up with the time the employee campaigns to assure that he does not campaign during his work hours. Director Todd said he thoughtthe policy is clear in that the employee is not 217.6 supposed to campaign during City time. Todd knew of no proof that the employee has been campaigning on City time. The City Manager said he did not approve any more than the Board about the employee's campaign and said he wanted to be notified if the employee campaigns on City time. Director Hughes felt the policy, rather than being restrictive only of those 217.7 employees campaigning for local or county office, should be extended to those cam- paigning for state offices as well. The City Attorney restated his previous advice that the courts might consider restriction of campaign for state offices as overly broad. TASK FORCE Director Todd informed he had attended Task force meetings and encouraged other Directors to attend the next meeting to be held April 6, 7:00 p.m., at the School Administration Building. Director Malone said he had wanted to attend but was not sure his attendance would not be misconstrued as an attempt to influence their deliberations. • 217 217.8 4/4/78 218 APPROVAL OF MINUTES 218.1 Director Hughes requested paragraph 204.1 of the March 21 minutes be amended to reflect that he "requested" -- not "moved" -- that the City Manager follow policies regarding agenda materials. There being no further amendments necessary, the Mayor declared the minutes approved as amended. ADJOURNMENT 218.2 The Mayor expressed appreciation to members for attending the meeting. 218.3 Upon motion by Malone and second by adjourned. ATTEST: ue) arlene Westbrook, City Clerk Journalism and Political Science class Hughes, the Mayor declared the meeting APPROVED: eac(o-n-e-it Ernest E. Lancaster, Mayor 218