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HomeMy WebLinkAbout1978-07-05 Minutes1 MINUTES OF A MEETING OF THE BOARD OF DIRECTORS July 5, 1978 • 269 The Fayetteville City Board of Directors met at 7:30 p.m., July 5, 1978; in the Board Room of the City Administration Building. PRESENT: Directors Ernest Lancaster, John Todd, Paul Noland, Al Hughes, David (V Malone, and Philip Colwell; City Attorney Jim McCord, City Clerk Darlene (Y) Westbrook, and Administrative Assistant David McWethy. ABSENT: Director Ann Henry and City Manager Don Grimes. Q OTHERS PRESENT: Members of the audience and representatives of the news media. Q 1 CALL TO ORDER Mayor Ernest Lancaster called the meeting to order. Following a moment of respectful silence and roll call, the Mayor asked for consideration of the first agenda item. WILSON PARK TRAFFIC Wilson Avenue residents had requested an opportunity to discuss with the Board certain traffic problems which exist in and around Wilson Park. Administrative Assistant McWethy stated that he and the City Manager had met with Mr. James Knutson and other residents and had discussed the problems which they had outlined. McWethy said the residents had recommendations regarding park access, sign installations, provisions of crosswalks, etc. For that reason, McWethy advised the Board that they felt the problems and recommendations should first be considered by the Parks and Recreation Advisory Board at a meeting scheduled for July 10, 1:30 p.m., in the City Hall Board Room. McWethy said the Police Department had been consulted about the reported problems and had been requested to increase enforcement of the park regulations. Mr. John York, a resident of the park area for 26 years, said the problems concerning the park had compounded during the last 3 - 4 years. York felt that more strict enforcement of the park rules and regulations would help solve the problems. (Director Hughes arrives) Director Todd suggested that the Police Department have a representative present at the Advisory Board meeting. Todd said he hoped the Advisory Board and the Police Department would take particular notice of the operation of motorcycles in the parks and that they consider problems which may be common to all the City's parks. ORDINANCE AUTHORIZING ISSUANCE OF ACT 9 INDUSTRIAL BONDS - American Air Filter The City Attorney informed the Board that American Air Filter Company has ;proposed to purchase an Industrial Park site for the purpose of constructing a manu- facturing plant. McCord advised the Board that the company requests the project be 269 269.1 269.2 269.3 269.4 269.5 . i 7/5/78 270 financed with a loan of proceeds from a City issuance of Act 9 industrial bonds. Rather than the property's ownership remaining vested with the City, ownership of the land would pass to American Air Filter under a mortgage agreement with the City. There would be no lease or in -lieu tax payment agreements required since the company would be paying ad valorem taxes. McCord said this particular arrange- ment, somewhat different from that followed for past issues, would place no additional risk on the City's part and all costs of the project and bond issue are to be borne by the company. He said the $3.2 million issue would consist of $1 million in 20 -year serial bonds and $2.2 million in 25 -year term bonds. McCord advised the Mayor that a public hearing should be conducted for the purpose of hearing all persons who might have comments regarding the proposed issue. 270.1 The Mayor declared a public hearing open and asked for comments. There being no one present desiring to comment, the Mayor declared the hearing closed. McCord said that issuance of the special obligation bonds would have no impact upon the City's ability to issue general obligation bonds at a later date. The City Attorney then read the ordinance to authorize the bonds. The ordinance contained an emergency clause. 270.2 Director Malone, seconded by Noland, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Todd Nays: None Absent: Henry The motion was declared passed and the ordinance was read the second time. 270.3 Director Hughes, seconded by Malone, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Todd Nays: None Absent: Henry TheIII motion was declared passed and the ordinance was read the third and final time. 270.4 There being no further discussion, the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Todd Nays: None Absent: Henry The Mayor declared the ordinance passed. ORDINANCE NO. 2449 APPEARS ON PAGE 80 OF ORDINANCE & RESOLUTION BOOK VI HIGHWAY 71 SOUTH SIDEWALKS 270.5 Taking note of the State Highway Department's scheduled improvements to Highway 71 South (South School Street), Mr. Joe Neal had written the Board to request endorse- ment of a proposal that the Highway Department install sidewalks on both sides of the highway. Neal had cited lack of safe provisions for pedestrian traffic. 270.6 Director Malone stated that initial plans include beautification along the highway's corridor similar to that existing along the corridor of the northern section of Highway 71 (North College). He believed that installation of sidewalks should be considered in conjunction with the beautification plans. 270.7 Director Hughes reminded that the City will have to purchase expensive right-of-way along some portions of the highway. He did not feel the installation of sidewalks would be worth the added right-of-way expense and said he would favor purchase of right-of-way before he would favor the added expense of sidewalk installation. 270.8 Director Todd, seconded by Noland, moved that the Administrative Assistant be authorized to forward correspondence to the Highway Department advising them of the 270 City's endorsement of a proposal for sidewalk installation in conjunction with the improvements planned for Highway 71 South. The recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Todd Nays: None Absent: Henry The motion was declared passed. SIGN APPEAL - 649 West Dickson / Uark Arts Center by Richard Farkas, petitioner 7/5/78 271 • The petitioner had requested Board interpretation of the Sign Ordinance to 271.1 determine whether a sign which changes colors every few seconds constitutes a (NJ violation of ordinance provisions that lighting intensity of illuminated signs shall not fluctuate. (Y) The City Attorney advised the Board that he was of the opinion that the Board 271.2 10 of Sign Appeals (the Board of Directors) had no authority to grant a variance since V the ordinance .specifically provides that no variances shall be granted to allow Q signs which are prohibited by the ordinance. Malone said he would rather the Board pass over the request rather than vote to deny it. The Administrative Assistant Q had advised that the petitioner had received late notice that the appeal would be on the agenda. A friend of the petitioner's had advised McWethy that efforts would be made to contact the petitioner and advise him that the request would be considered. Director Todd suggested the Board give the appellant the option to withdraw 271.3 his appeal and Director Malone suggested the City Attorney notify the appellant of the Board's discussion. 1 ORDINANCE REDUCING EASEMENT - Company Street The City Attorney advised that, when a portion of Company Street located be- 271.4 tween Vinson and Sequoyah Streets had been vacated in 1975, the City retained a 20 -foot utility and drainage easement. The Board was being requested to reduce the easement to 12 feet. Mr. Earl Garrison, owner of property to the east of Company Street, objected 271.5, to the easement reduction since the reduction would affect location of future sewer lines which might be installed. He was concerned that a reduction in the easement would result in inadequate space for equipment maneuverability. He said the value of his property would be reduced since the possibility that his property could be used for construction of a residence would be eliminated. Mr Chad Kumpe had requested the easement reduction so that he could add a 271.6 garage to his private residence. He stated that the Street Superintendent had in- dicated that a 12 -foot easement would be adequate to accommodate equipment. Kumpe said that the easement is no longer used for a natural gas line. The City Attorney read an ordinance to reduce the easement. Director Hughes, 271.7 seconded by Colwell, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Todd Nays: None Absent: Henry The motion was declared passed and the ordinance was read the second time. The Board referred to previous statements of the Street Superintendent that the 271.8 easement be retained for future uses. Director Malone, seconded by Noland, moved the ordinance be tabled to allow consultation with the Street Superintendent and City Enginesr to determine the need for the full 20 -foot easement. The recorded vote was: Ayes: Npland, Hughes, Malone, Lancaster, Colwell, Todd Nays: None Absent: Henry The motion was declared passed. The ordinance was left on second reading. 271 7/5/78 272 ORDINANCE CHANGING HOUSING AUTHORITY COMMISSIONER'S TERMS 272.1 Ordinance 2324 had changed the term expiration date of Housing Authority Board members from January 1 to July 1. The City Attorney advised that the Housing Authority legal counsel has questioned the City's authority to alter the terms. He read an ordinance to amend Ordinance 2324 by deleting reference to the Fayetteville Housing Authority, thereby reinstating the January 1 term ex- piration date. Director Malone, seconded by Noland, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Todd Nays: None Absent: Henry The motion was declared passed and the ordinance was read the second time. 272.2 Housing Authority Administrator Chad Kumpe said the method the City utilizes in filling vacancies on City boards and commissions appears to be valid but that it appeared the action to alter the term expiration dates did not comply with State law. Kumpe said he believed the Housing Authority is responsible to the systems by which the people are placed on boards and commissions. He believed the proposed ordinance yould put the Housing Authority Board back insynchronization without affecting existing 272.3ermsDirector Malone, seconded by Todd, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Noland, Malone, Lancaster, Colwell, Todd Nays: Hughes Absent: Henry The motion was declared passed and the ordinance was read the third and final time. 272.4 In response to Director Todd who questioned what would be required to bring the Housing Authority under control of the City's governing body, the City Attorney II/ advised that substantial amendment to State statutes would be necessary. 272.5 The Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Todd Nays: None Absent: Henry The Mayor declared the ordinance passed. ORDINANCE NO. 2450 APPEARS ON PAGE 86 OF ORDINANCE & RESOLUTION BOOK VI 272.6 Director Malone moved that the City Attorney be requested to recommend changes which could be made to Arkansas statutes which would permitappointments to the Housing Authority Board by the governing body of the municipality. Also, that the City Manager or his designate request the Arkansas Municipal League to include the proposed amendments in its legislative packet in January 1979. Further, if the League is unwilling to include the proposals in its packet, that local legislative representatives be contacted and asked to submit the amendments. The motion was seconded by Director Todd and the recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Todd Nays: None Absent: Henry The motion was declared passed. PARK RENAMING REQUEST 272.7 The Parks and Recreation Advisory Board recommended renaming Veteran's Admini- stration Park, located on Sycamore Street, to Gregory Park in honor of Mr. James K. Gregory. Mrs. Elizabeth Reagan, Advisory Board member, presented a brief history 272 1 7/5/78 273 of the property. Because Plr. Gregory had been instrumental in acquiring acreage for Wilson and Walker parks and,for Lake Fayetteville, the Advisory Board desired the park be named in his honor. Director Todd questioned the lack of criteria for naming public facilities. He said he was uncomfortable with the procedure of taking things as they come to the Board on a one-to-one basis and felt that some criteria should be established. Director Malone said the only type of criteria currently in existence to be used for naming public facility are provisions in the subdivision ordinance for naming streets. Although he was aware that Mr. Gregory had done a lot of things for Fayetteville, Malone said he would prefer adoption of criteria. Director Noland also acknowleged Gregory's contributions to the City but felt it might be well to set the criteria. Director Colwell commented that the Parks and Recreation Advisory (v Board feels that an adequate way in which to recognize some of the benefactors is to name a park in their honor. - Malone noted that several other public facilities LO might be named in the future and the criteria would be helpful. Director Malone moved that the City Manager suggest criteria for naming public U facilities and that the present request be tabled until the criteria have been Q established. The motion was seconded by Director Hughes and the recorded vote was: Q Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Todd Nays: None Absent: Henry The motion was declared passed. ORDINANCE REZONING PROPERTY - R78 -17A / Ridgeview Baptist Church The petitioner had requested rezoning a two -acre parcel, located on the north side of East Huntsville Road between Happy Hollow Road and Ray Avenue, from R-1 Low Density Residential to C-1 Neighborhood Commercial. The City Attorney read an ordinance to rezone the property as requested and as approved by the Planning Commission. Director Hughes noted the church -owned property which is zoned R-1 and used as residential rental property. He said he believed all church -owned property should be zoned P-1. Hughes advised that church -owned property is not placed on the tax rolls. The City Attorney said that, if the law is enforced correctly, only church -used property should be exempted from taxation. Director Malone said he would prefer to allow the property to remain classified R-1 if there is a possibi- lity that it could be placed on the tax rolls. Director Malone, seconded by Todd, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Todd Nays: None Absent: Henry The motion was declared passed and the ordinance was read the second time. Director Malone, seconded by Todd, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Todd Nays: None Absent: Henry The motion was declared passed and the ordinance was read the third and final time. Director Malone moved that the City Manager determinefrom the County Tax Collector the tax status of church -owned, but not church -used, property. The recorded vote was: Ayes: 'Noland, Hughes, Malone, Lancaster, Colwell, Todd Nays: None Absent: Henry The motion was declared passed. r i 273 273.1 273.2 273.3 273.4 273.5 273.6 273.7 7/5/78 274 274.1 The Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Noland, Malone, Lancaster, Colwell, Todd Nays: Hughes Absent: Henry The Mayor declared the ordinance passed. ORDINANCE NO. 2451 APPEARS ON PAGE 87 OF ORDINANCE & RESOLUTION BOOK VI ORDINANCE REZONING PROPERTY - R78 -17B / Kenneth Garton, petitioner 274.2 The City Attorney read an ordinance to rezone a one -acre parcel, located on the north side of East Huntsville Road between Happy Hollow Road and Ray Avenue, from R-1 Low Density Residential to C-1 Neighborhood Commercial. 274.3 Director Noland, seconded by Todd, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Noland, Malone, Lancaster, Colwell, Todd Nays: Hughes Absent: Henry The motion was declared passed and the ordinance was read the second time. 274.4 Director Hughes cited traffic congestion at the intersection of the Highway 16 Bypass and Huntsville Road and believed that a traffic signal should be installed be- fore the property is rezoned. Director Malone noted that the City is hampered from taking action concerning traffic control at the intersection because the State Highway Department has the responsibility for Highway 16 East. He felt denial of the rezoning would be contrary to the Board's commitment to provide commercial zoning at major intersections and would create pressure to provide commercial zoning at other areas along the highway. 274.5 Director Todd, seconded by Malone, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Todd Nays: None Absent: Henry The motion was declared passed and the ordinance was read the third and final time. 274.6 The petitioner told the Board that his plans to constructa beauty shop at the location were not finalized and that the shop probably would not be constructed in the very near future. Director Malone felt the Highway Department could be contacted and requested to study the need for a traffic light at the intersection. 274.7 The Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Noland, Malone, Lancaster, Colwell, Todd Nays: Hughes Absent: Henry The Mayor declared the ordinance passed. ORDINANCE NO. 2452 APPEARS ON PAGE 88 OF ORDINANCE & RESOLUTION BOOK VI STREET LOCATION 274.8 General Growth Management Corporation (Northwest Arkansas Mall) had requested the Board consider approval of their proposal to locate an access road between the Sambo's restaurant and Nelson's funeral home. The road would provide access to the westernmost areas of the mall. General Growth proposed to construct the street, at its expense, according to city standards to be dedicated, with the City's approval, as a public street provided the City would install "no parking" signs along the street. 274 1 1 1 7/5/78 275 Director Malone stated his intention to abstain from discussion and voting 275.1 III since he has a business located in the mall and since he had served as legal counsel to General Growth. Although it would be easier for General Growth to construct the road on its 275.2 property, Director Noland felt it would be better if the access could be situated at Stearns Road. Director Todd agreed that the road would be more functional if placed at Stearns Road. Director Hughes felt the extension of Stearns Road to Johnson Road would be delayed if the City approved the proposed location of the access road. Director Todd felt the Board was faced with the question of providing for the public's safety and the expense of maintaining a public street which, in essence, would benefit a private property owner. Administrative Assistant McWethy said that General Growth is currently nego- 275.3 (v tiating right-of-way acquisition from Nelson but that the right-of-way would be CO expensive. He said General Growth has a commitment to provide the access by Septem- LO ber of this year. Director Hughes moved the request be denied. The motion did not receive a 275.4 U second. Q Director Noland moved the: Board express it has no objections for the proposed 275.5 Q road to be constructed as a private drive. He questioned why the City should accept the road when the City would have no direct interest in it. He noted that the City, should it decide to accept the dedication, would be responsible for maintaining the road. Director Todd seconded the motion to approve the road as a private drive. The recorded vote was: Ayes: Noland, Hughes, Lancaster, Colwell, Todd Nays: None Abstain: Malone II Absent: Henry The motion was declared passed. Director Malone moved the City Manager be requested to encourage the Highway 275.6 Department to give recommendation about what should be done in regard to traffic control at the intersection. The motion was seconded by Todd and the recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Todd Nays: None Absent: Henry The motion was declared passed. 1 ANNEXATION PROCEEDINGS AUTHORIZED Director Malone moved the City Attorney be authorized to initiate annexation proceedings for a portion of the Drake Field airport property which abuts, but is not included within, the City's corporate limits. Malone re- quested that the City Attorney investigate which other City property might abut, but not be included within, the City limits so that those properties might also be in- cluded in the annexation proceedings. The motion was seconded by Noland and the recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Todd Nays: None Absent: Henry The motion was declared passed. 275.7 STREET NAMING Mrs. Bill Rollins had submitted a request that a streetlocated between Joyce 275.8 Street and Zion Road be named "Hillside Terrace". Mrs. Rollins was present and 275 7/5/78 276 stated that she had contacted owners of property abutting the road. With the ex- ception of one owner who objected to the length of the street name, she said there were no objections. 276.1 Director Malone moved adoption of a resolution to name the road "Hillside Terrace". The motion was seconded by Director Noland and the recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Todd Nays: None Absent: Henry The motion was declared passed. RESOLUTION NO. 39-78 APPEARS ON PAGE 154 OF ORDINANCE & RESOLUTION BOOK VI OTHER BUSINESS RESOLUTION AUTHORIZING AGREEMENT WITH STATE HIGHWAY DEPARTMENT - Sewer Relocation 276.2 The Administrative Assistant reported that a sewer line relocation would be required in conjunction with the Highway Department construction project planned for the Highway 112/Highway 71 Bypass intersection. He said the Highway Department has agreed to reimburse the City for the relocation costs in the amount of $47,781. He requested the Board adopt a resolution authorizing the Mayor and City Clerk to execute the agreement. 276.3 Director Todd, seconded by Malone, moved adoption of a resolution authorizing the execution of the agreement. The recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Todd Nays: None Absent: Henry The motion was declared passed. RESOLUTION NO. 40-78APPEARS ON PAGE 155 WATER AND SEWER COMMITTEE OF ORDINANCE & RESOLUTION BOOK VI 276.4 The Administrative Assistant announced a meeting of the Water and Sewer Committee to be held July 13, 3:00 p.m., in the City Manager's Office for the purpose of dis- cussing the preliminary 1978-79 Water and Sewer Budget. MUNICIPAL COURT 276.5 The Administrative Assistant announced that the Municipal Judge had indicated that a status report of the Municipal Court would be submitted during the latter part of July. COMMUNITY DEVELOPMENT REHABILITATION CONTRACT REVISION 276.6 The City Attorney advised that the Community Development housing rehabilitation contract form had been revised to provide for an acknowledgment so that the document could be recorded. He said the contract form is a one-page document. POLICE DEPARTMENT PROMOTIONS 276.7 Director Hughes expressed disappointment that police promotions authorized by the Board were not handled in a way thattheycould havee bbecome,effe tive Jul 11has illness of CivildServiceiComissionfChairman. ThehPoliceoChief noted the promotion exam would be held July 13. l 276 Y 1 7/5/78 277 AIRPORT HANGAR II/Director Hughes informed that the City Manager had received a copy of a letter 277.1 written by the Airport Manager notifying Scheduled Skyways that his inspection of the old hangar (in which the Skyways offices are located) had not revealed anything wrong except a few minor water stains. Hughes indicated that substantial damage to the Skyways premises had resulted from a leaking roof. Hughes believed the Airport Manager needed more supervision or further instruction about the matter and he (Hughes) felt it was the City Manager's responsibility. Mayor Lancaster said the Board should not go beyond the City Manager since the 277.2 City Manager is responsible for the matter. The Directors were in agreement with a suggestion by Director Malone that the 277.3 (v Mayor consider appointment of an ad hoc airport committee to provide input and (Y) guidance during the upcoming terminal project. VPLANNING COMMISSION VACANCY Q Noting the resignation of John Power from the Planning Commission, the Directors 277.4 Q preferred the vacancy be filled rather than left vacant. The Directors requested the Administrative Assistant to advertise the vacancy and invite applications. 1 1 COMMUNITY DEVELOPMENT Director Todd stated he thought the City Manager might give the Board the 277.5 courtesy of discussing the Community Development program with the Board as well as the press and requested he do so upon his return from vacation. P.URSULT..POLICY Director Todd acknowledged receipt of the pursuit policy. During brief dis- cussion the Police Chief discussed how County law enforcement vehicles are often mistaken to be City police vehicles. Director Noland had mentioned that the City Police Department often receives credit for emergency responses made by County law enforcement vehicles. MISCELLANEOUS 1. Director Malone referred to recent acts of vandalism occurringin his neighbor- hood. He wondered if the Police Department could review their patrol policies and consider the possibility of concentrating night patrols in residential areas. 2. Mr. Bill Rollins asked whether police patrols would be provided for the newly annexed area along Highway 265 (Crossover Road). The Police Chief said the Police Department would respond upon request of a resident. 3. The Administrative Assistant announced a meeting of the Airport Study Committee to be held July 17, 7:00 p.m., in the hospitality room of the Arkansas Western Gas Company building. 277.6 277.7 277.8 277.9 APPROVAL OF MINUTES Director Todd requested that paragraph 263.6 of the June 20, 1978 minutes be 277.10 amended to read: "...but that no new projects were being started without compliance with HUD regulations." Also, that paragraph 264.2 be amended to reflect the appoint- ment of Robert (not Roger) Savage. Director Noland requested 268.3 be amended to read: "...until the City Engineer can provide additional data and make a more precise cost estimate." • 277 7/5/78 27S Director Malone requested paragraph 261.5 be amended to read: "...perhaps a notice of the contract could be filed to warn propective purchasers." 278.1 There being no further changes, the minutes were declared approved as amended. ADJOURNMENT 278.2 There being no further business for the Board's consideration, the Mayor declared the meeting adjourned. ATTEST: thattnii Darlene Westbrook, City Clerk APPROVED: Ernest E. Lancaster, Mayor 278