HomeMy WebLinkAbout1978-10-03 Minutes1
MINUTES OF A BOARD OF DIRECTORS MEETING
The Fayetteville City Board of Directors met in regular session on October 3,
1978, 7:30 P. M., in the Board of Directors Room, City Administration Building.
PRESENT: Directors John Todd, Paul Noland, Al Hughes, David Malone, Philip
Colwell, Ann Henry, and Ernest Lancaster (arrived 8:25 P.M.);
City Manager Don Grimes, City Attorney Jim McCord, Administrative
Assistant David McWethy, and City Clerk Angie Medlock.
ABSENT: None.
OTHERS PRESENT: Members of the audience and representatives of the news media.
341
N CALL TO ORDER
LO C)
In the absence of Mayor Lancaster, Assistant -Mayor John Todd called the 341.1
U meeting to order. Following roll call and a moment of respectful silence, the
Assistant -Mayor called for consideration of the first item of business.
Q INDUSTRIAL PARK AREA
Assistant -Mayor Todd explained the first item for consideration was a resolution 341.2
acknowledging that the property located in the Fayetteville Industrial Park belh..-
the elevation of 1193 feet above sea level will be reserved for park purposes.
Skip Holland, representing the Parks and Recreation Advisory Board, stated 341.3
that the resolution requested is asking that the elevations below 1193 be reserved
for park area. Mr. Holland showed the Board members a plan showing how they may
use the land at some time in the future and showing which portions of the Industrial
Park would be below the 1193 mean sea level. He explained that the Parks Board does
not have any money for development of the park at this time, but they would like
to go ahead and reserve the property for that purpose.
Director Colwell noted that the area below 1193 feet could also be used for 341.4
parking and landscaping.
Director Henry, seconded by Director Malone, moved the resolution be approved.341.5
The recorded vote was:
Ayes: Noland, Hughes, Malone, Colwell, Henry, Todd.
Nays: None.
Absent: Lancaster.
The resolution was declared passed.
RESOLUTION 00. 61-78 APPEARS ON PAGE a 5 I0F ORDINANCE AND RESOLUTION BOOK VI.
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YOUTH CENTER
Skip Holland said he had submitted an update of how the bond money is being 341.6
used and called attention to the problem with the -roof on the youth center pool
room. Mr. Holland said..the Parks and Recreation Board had received an estimate
from a roofer who could start construction within 30 days whose cost was $30,000
and $5,000 for structural steel work. Nr. Holland said since that time,_they
found that this same material was appl.jed to a roof in Bentonville which lasted
only two years. r. -Holland said the Parks Board had in,
roofer for a guarantee
and only received a verbal 5 -year guarantee. Mr. Holland said; however, the Parks
Board would either have to replace the -'roof or close the pool. Director Hughes
asked if the original roof of the pool had been bonded and Holland said he did not
know. Assistant -Mayor Todd asked that Mr. Holland check on this.
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342
342.1 Mr. Holland said the Parks Board is going to delay taking bids on the gym
because contractors in the area are extremely busy at this time of year and this
project did not receive very much interest. He said rather than take a chance on
not having competitive bidding,they will delay taking bids for at least 30 days.
342.2 Director Malone asked if the original plans called for two levels on the
gym. Mr. Holland said the original plan did show two levels but money and the
function of the building decided that one level would be sufficient. Mr. Holland
said they had hoped to build handball courts but the cost of those would be $77,000.
He said the Parks Board is going to build the gym building, and come back later
and finish the inside of the building.
342.3 Director Hughes asked if it would be possible to have the contractor who is
building the new gym to also repair the roof at the pool. Holland said they did
propose this to the engineer. He stated that the problem is finding qualified
roofers who will guarantee their work. Malone said the architects and engineer
on the project should state what type of roof should be on the pool.
342.4 Director Malone requested he be notified of the Parks and Recreation Advisory
Board meetings. Skip Holland said the Parks Board meets the second Monday of the
month at 1 30 in the Board of Directors Room.
GREEN AREA
342.5 Assistant -Mayor Todd asked if the Parks Board has addressed the question of
green areas near Ridgeway. Skip Holland explained that the Parks Board does not
feel they are in a position to accept green areas. He said the developer of
Hyland Park Subdivision had approached the Planning Commission and asked them to
accept green areas in that subdivision, but the Parks Board did not feel they
are in a position to accept green areas because of maintenance costs.
PARKS USAGE
342.6 Director Hughes asked if there arestatistics available on the usage of the
elementary school parks vs. the neighborhood type parks and Holland said these
statistics are available. He said they have statistics on the organized activities
at Lake Fayetteville, Asbell, and Wilson Park. Assistant -Mayor Todd asked that a
copy of these statistics on park usage be furnished to the Board members.
COLLEGE & PROSPECT
342.7 Al Hughes asked if there is any estimate of when the telephone company
will finish the work at North College and Prospect. Mr. Holland said the
telephone company hopes to be finished with their project at North College and
Prospect by the end of the week.
342.8 Director Noland said he has been well pleased with the appearance and utiliza-
tion of the Parks and it is gratifying to see the parks being used. Holland
stated that Dale Clark, who works for the City, is responsible for the maintenance
of the parks and has done a fine job.
ORDINANCE PRESCRIBING TIME LIMIT - Initiative Petitions
342.9 City Attorney Jim McCord said the City Board has the discretion to prescribe
the time limit for filing initiative petitions. He said, under Amendment 7, they
can allow not less than 60 days nor more than 90 days on initiative petitions to
repeal an ordinance or enact something. McCord said he has not talked with the
Election Commission to see which amount of time would be best for them. He
explained that if the public wants to enact an ordinance to repeal an existing
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343
measure, they can circulate a petition to the public, if the City Board will
not pass the ordinance. Director Malone said he feels the Board should make
11/ this time as short as possible: He suggested allowing 60 days to file an
initiative petition.
City Attorney McCord read an ordinance requiring initiative petitions -to be 343.1
filed with the City- Glerk.at least 60 days before the regular municipal election
at which the proposed measure is to be voted on.
Director Hughes, seconded by Malone, moved the rules be suspended and•the 343.2
ordinance placed on second reading. The recorded vote was:
Ayes: Noland, Hughes, Malone, Colwell, Henry, Todd.
Nays: None.
Absent: Lancaster.
The motion was declared passed and the ordinance read the second time.
N Director Hughes, seconded by Noland, moved that the rules be further suspended 343.3
CO and the ordinance placed on third and final reading. The recorded vote was:
U) Ayes: Noland, Hughes, Malone, Colwell, Henry, Todd.
V Nays: None.
Absent: Lancaster.
The motion was declared passed and the ordinance was read the third and final time.
Q The Assistant -Mayor asked if the ordinance should pass. The recorded vote was:
Ayes: Noland, Hughes, Malone, Colwell, Henry, Todd.
Nays: None.
Absent: Lancaster.
The ordinance was declared passed.
ORDINANCE NO. 2472 APPEARS ON PAGE 118 OF ORDINANCE AND RESOLUTIOd BOOK VI.
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ORDINANCE REZONING PROPERTY - Highway 62 West
The City Attorney read an ordinance rezoning property located at the south- 343.4
east corner of the intersection of Highway 71 and Highway 62 West, west of
Hollywood Avenue, from I-1, Heavy Commercial and Light Industrial District to
C-2, Thoroughfare Commercial District. The Planning Commission had unanimously
recommended approval of the rezoning.
Director Noland, seconded by Director Henry, moved that the rules be suspended 343.5
and the ordinance placed on second reading. The recorded vote was:
Ayes: Noland, Hughes, Malone, Colwell, Henry, Todd.
Nays: None.
Absent: Lancaster.
The motion was declared passed and the ordinance was read the second time.
Assistant -Mayor Todd asked the City Attorney if there is a problem because 343.6
the property owner did not submit the petition. City Attorney McCord explained
that Troy Parnell, who submitted the petition, is the contract buyer, and there
would not be a problem with the owner himself not submitting the petition.
There was no public opposition to the rezoning.
Director Noland, seconded by Henry, moved the rules be further suspended and 343.7
the ordinance placed on third and final reading. The recorded vote was:
Ayes: Noland, Hughes, Malone, Colwell, Henry, Todd.
Nays: None.
Absent: Lancaster.
The motion was declared passed and the ordinance was read the third and final time.
The Assisitant=flayor asked if the ordinance should pass. The recorded vote was:
Ayes: Noland, Hughes, Malone, Colwell, Henry, Todd.
Nays: None.
Absent: Lancaster.
The ordinance was declared passed.
ORDINANCE N0. 2473 APPEARS ON PAGE 1190F ORDINANCE AND RESOLUTION BOOK VI.
10/3/78
344
REZONING APPEAL - Gordon Houston - Deane Street and Porter Road
344.1 Assistant -Mayor Todd said Gordon Houston had submitted an appeal to a
decision of the Planning Commission regarding property located southeast of
tne intersection of Deane Street and Porter Road. Todd said Mr. Houston had
requested a zoning change from R-1, Low Density Residential District to R-2,
Medium Density Residential District and the Planning Commission had unanimously
recommended denial of the petition.
344.2 Gordon Houston stated that he has a tract of land which has R-3 zoning to
the east, P-1 to the north, and to the northwest is long-range proposed for
R-2. He noted that the east side of Porter Road is currently vacant but
proposed on the land use plan as R-1. Mr. Houston said he does not feel any
single-family dwellings will be built in this area. He stated that he is trying
to utilize his property to its best advantage. He noted that a portion of his
property is located in the flood plain area and most of that property would not
be used for development. Houston said he would have three accesses into his
property, one from Deane Street and two from Porter Road, and sewer is available
to the property. Houston said he would be very hesitant to develop the property
as single-family because of the surrounding circumstances.
344.3 Assistant -Mayor Todd acknowledged letters of opposition from Mrs. Allen,
W. A. Smith, and Marty W. Hendricks.
344.4 Mrs. Jack Parker, present in opposition, said the proposed apartments would
be in her back yard. She said when it rains, there is a swimming pool there,
and if someone "didn't know the buildings (existing) are apartments, they
would think they are army barracks". Mrs. Parker said the grass has been
grown up at the apartments until a newghbor came down and mowed it. She
suggested the land be used as a recreational area for the existing apartments.
344.5 Glenn Melvin, 2309 Deane, said he strongly opposes any additional apartments
and asked that the Board turn down the appeal.
344.6 Rick Mason, Community Development Director, said there is some question
about obtaining HUD money for improvements to Porter Road.
344.7 Director Colwell questioned building regulations on the property which is
located in the flood plain.
344.8 Mayor Lancaster arrived 8:25 P.M.
344.9 Director Hughes said he thought a person could build in the flood plain,
and could . get flood insurance. City Manager Grimes said a building permit
would not be issued for property located in the flood plain unless the floor
level was brought up to 2 feet above the 100 year flood plain.
344.10 Director Noland said the major issues are outlined in the Planning Commission
minutes and he sees both sides of the question --the developer wants to develop
his property and the adjoining property owners do not want the property developed
in this manner. He said it seems when approval was granted for the existing
apartments, the Board was talking about the corner being a buffer zone between
the agricultural use and the R-1 district to the south. He said to rezone this
property would be spot-zcning since there is R-1 to the south and to the west.
344.11 Director Hughes said he doesn't feel single-family residential is appropriate
for this area. He said people would not be interested in building single-family
structures, particularly if the property is located in the flood plain. He
stated that tne City is running out of areas for multiple -family units. Hughes
noted the problems the University has had with housing this year.
344.12 Assistant -Mayor Todd pointed out that there is also the alternative of
requesting a conditional use in R-1 for a duplex. He asked Mr. Houston if he
has taken this into consideration as an alternative and Houston said "no".
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Director Henry, seconded by Malone, moved to deny the rezoning appeal. 345.1
The recorded vote was:
Ayes: Noland, Malone, Lancaster, Colwell, Henry, Todd.
Nays: Hughes.
Absent: None.
The motion was declared passed.
ORDINANCE VACATING EASEMENTS - Anne Street
City Attorney McCord read an ordinance vacating two easements on Anne Street 345.2
which were secured in order to pave Anne Street, between Florene Street and Giles
Road, under the Community Development Block Grant program. He said Community
Development had requested the easements be vacated since it has been determined
N that Anne Street will not be paved.
(1') Community Development Director Rick Mason said the problem which has arisen 345.3
L0 is in settling the proper procedure of the Uniform Act which Community Development
V has been following for the past several months. He said the Community Development
Q office would have taken care of this had the property owners been willing to negotiate.
Mason said he wants to vacate these easements so he can clear his paper work.
Q City Attorney McCord said appraisals have been made on the properties and 345.4
when the street is completed, it will enhance the properties. He said the appraisals
made showed that no compensation was due.
Director Malone, seconded by Henry, moved that the rules be suspended and the 345.5
ordinance placed on second reading. The recorded vote was:
Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Henry, Todd.
Nays: None.
Absent: None.
The motion was declared passed and the ordinance was read the second time.
Director Hughes moved that the rules be further suspended and the motion 345.6
placed on third and final reading. Director Malone seconded the motion. The
recorded vote was:
Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Henry, Todd.
Nays: None.
The motion was declared passed and the ordinance was read the third and final
time. There was no public opposition.
The Assistant -Mayor asked if the ordinance should pass. The recorded vote 345.7
:p
was:
Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Henry, Todd.
Nays: None.
The ordinance was declared passed.
ORDINANCE NO. 2474 APPEARS ON PAGE 120 OF ORDINANCE AND RESOLUTION BOOK VI.
CONDEMNATION OF PROPERTY - East Lafayette
Assistant -Mayor Todd said -City Manager Grimes had asked that the resolution 345.8
authorizing condemnation of property in connection with the installation of a
water line on East Lafayette Street between College and Washington Avenues be
tabled.
Director Hughes, seconded by Colwell, moved that the resolution authorizing 345.9
initiation of condemnation proceedings for property on East Lafayette Street be
tabled. The recorded vote was:
Ayes;: Noland, Hughes, Malone, Lancaster, Colwell, Henry, Todd.
Nays: None.
Absent: None.
The motion was declared passed.
10/3/78
346
CONDEMNATION OF PROPERTY - Highway 112 North
346.1 Assistant -Mayor Todd opened discussion on a resolution authorizing the
initiation of condemnation proceedings in connection with installation of a
water line on the east side of Highway 112 North, north of Highway 71.
346.2 Director Noland asked if it would be easier to cross Highway 112 and run
the water line up the west side rather than the east side. City Manager Grimes
said the Water Department will be tying into an existing lire and the same
property owner owns a piece of property on both sides of the street. Grimes said
the City will buy the property, but will be reimbursed by the Highway Department.
346.3 Director Malone, seconded by Henry, moved the resolution be passed. The
recorded vote was:
Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Henry, Todd.
Nays: None.
Absent: None.
RESOLUTION NO. 62-78 APPEARS ON PAGE 251 OF ORDINANCE AND RESOLUTION BOOK VI.
CONTINUING EDUCATION CENTER
346.4 Director Malone said the architects for the Continuing Education Center are
very interested in beginning core sample drilling investigations for the footings
and foundations and have recommended McClelland Engineers of Little Rock to do the
drillings. He said McClelland Engineers of Little Rock has estimated the cost at
$3,740. Director Malone said they also want to have the same type of soil samples
done on the parking structure site and they have received a quote from McClelland
for those borings of $2,975. Malone said the architects have encouraged the City
to go ahead and do this so they can firm up their foundation plans.
346.4 Director Malone moved that the Mayor and City Clerk be authorized to enter
into an agreement with McClelland Engineersof Little Rock for the soil and
foundation investigation for the Continuing Education Center and parking facility
sites. He noted that it would save $600-$700 to do both samples at one time and
said the hotel site will pay for their own investigations. Director Hughes
seconded Malone's motion.
346.5 Hughes asked if the contract for the Continuing Education Center provides
for the boring and Malone said it provides that the borings and legal description
and some other things will be furnished by the City.
The recorded vote on the motion was:
Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Henry, Todd.
Nays: None.
Absent: None.
The motion was declared passed.
AWARD OF BID - Airport Terminal
346.6 Assistant -Mayor Todd opened discussion on award of a bid for appraisal of the
airport property. Director Hughes asked why the City needs to have the Fayetteville
airport property appraised. City Manager Grimes said the City did solicit quotations
for an appraisal on the airport property, but if the City had the appraisal done at
this time, it would be out of date by the time they are closer to the possibility of
a regional airport facility.
346.7 Director Hughes said it would be three years before the study is completed on
the feasibility of a regional airport, and he feels the appraisal would be premature.
The Board agreed to postpone having an appraisal on the Fayetteville airport property.
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AWARD OF BID - Tractor, Backhoe -Front-end Loader
Purchasing agent Sturman Mackey said the tractor would be
street department. He recommended that Northwest Equi
awarded the bid, with trade-in, for $29,640.20.
Director Noland, seconded by Malone, moved to award the bi
Equipment Company for $29,640.20. The recorded vote was:
Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Henry, Todd.
Nays: None.
Absent: None.
The motion was declared passed.
OTHER BUSINESS
APPOINTMENTS TO CITY BOARDS
347
for use by the 347.1
pment Company be
d to Northwest 347.2
Director Hughes, 1 of the Board Nominating Committee
the following appointments:
City Advertising & Promotion Committee --for the unexpired term of Don
Farrell, ending April 1, 1979: Michael L. Womack.
Director Hughes, seconded by Malone, moved the recommendation be accepted.
The recorded vote was:
Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Henry, Todd.
Nays: None.
Absent: None.
The motion was declared passed.
recommended 347.3
Electrical Licensing Board--forr a full term as member, expiring
October 1, 1980: John Tuttle. For a full term as Alternate #1,
expiring October 1, 1980: Delano Cotton.
Director Hughes, seconded by Malone, moved the recommendation be accepted.
The recorded vote was:
Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Henry, Todd.
Nays: None..
Absent: None.
The motion was declared passed.
Pollution Control & Energy Commission --for full terms expiring October 1; 347.5
1981, .as representatives of "Industry", 0. Michael Green; "Scientists",
Jim Kimzey; "Lay Citizens" Fraser Stephens and Margaret Starr.
Director Hughes, seconded by Malone, moved the recommendation be accepted.
The recorded vote was:
Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Henry, Todd.
Nays: None.
Absent: None.
The motion was declared passed.
347.4
STREET OVERLAY RECOMMENDATIONS
City Manager Grimes passed out a recommendation from Street
dent Clayton Powell listing streets proposed to be overlaid with
budgeted for the overlay of Township 'Road and a few more streets
Superinten-
money
which could
347.6
3Ac
348.2
348.3
348.4
348.5
10/3/78
not be overlaid in this budget year because
the slurry seal machine has not yet come in
Powell are recommending that the Board give
tion to review the list of streets in more
before bad weather sets in.
Director Todd expressed concern about
Street, south of North Street to Prospect a
from the Square to Dickson Street.
Malone questioned the status of Levere
is finishing up storm drainage on Leverett.
portion of Leverett is still in the overlay
Todd asked if the street department wo
as well as those overlays which are budgete
Grimes said he felt they would.
Director Malone moved to authorize ove
with the exception of Oaks Manor Drive and
other streets which have a higher priority.
motion. The recorded vote was:
Ayes: Noland, Hughes, Malone, Lancaster,
Nays: None.
Absent: None.
The motion was declared passed.
SOLICITATION AT INTERSECTIONS
of utility problems, and since
. Grimes said he and Clayton
the Street Committee authoriza-
detail and overlay those streets
improvements needed on Gregg
nd East, Block, and Church Streets
tt Street and Colwell said the City
Grimes pointed out that the north
projects.
uld have time to do these projects
d for this year, but not completed.
rlaying of the streets on the list,
ask Clayton Powell if there are
Director Hughes seconded the
Colwell, Henry, Todd.
348.6 Director Hughes asked if there is a City ordinance concerning solicita-
tion at street corners. He said if there is not, the Board should consider
passing an ordinance or resolution prohibiting solicitation at intersections.
He said traffic was backed up for about two blocks this weekend while someone
was stopping traffic at the intersection and it was a dangerous situation.
Grimes said this has come up before, but the Board felt this could be stopped
on the grounds it is a traffic hazard and a nuisance, and asked that if a
Board member sees solicitation on a City street, he call the police department
or the City Manager's office. Hughes said it is not up to the Board members
to call this in to the City. Assistant -Mayor Todd suggested Mr. Grimes check
with the police chief to see if he feels he needs an ordinance to correct the
situation.
MISCELLANEOUS
348.7 1. Director Henry passed out information of low cost vs. high cost estimates
of the revenue which would be lost if Amendment 59 is passed.
348.8 2. Mayor Lancaster said he would submit a resolution at the next Board meeting
from the Arkansas Municipal League opposing Amendment 59. He said the
Arkansas Municipal Leage would like the Fayetteville City Board to take
a stand one way or the other.
348.9 3. Mayor Lancaster said he had received a call from Bill Murphy, on Appleby
Road, who was concerned about people dumping at the back of the former
Ozark Portable Building property. Mr. Lancaster said Murphy had talked
to the property owner who said he does not know who is dumping on the property
348.10 4. The Mayor said he had received a call from a property owner near Wilson
Market Basket at Baldwin who said there is a problem with people parking
behind the store at night and the neighbors would like the City Police
to routinely check this.
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5. Mayor Lancaster said he had received a request for a street light
between Fayetteville and Baldwin.
,
349349.1
6. Director Colwell suggested putting a small official notice in the Thursday addition
of the newspaper to remind people that yard sale signs are prohibited by ordinance.
MINUTES
Director Henry stated that on 334.5 Stephens should be spelled "Stevens". 349.3
City Attorney McCord said Paragraph 337 should say the name of the "lessee"
on the lease agreement, not "bonds". Director Todd said Paragraph 336.9 should
be corrected to reflect a "separation" of the Boards, and Paragraph 334.8 should
be corrected to show that Todd abstained from voting. With these corrections, the
minutes were approved as mailed.
(o There being no further business, the meeting adjourned at 9:15 P.M. 349.4
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Q APPROVED:
Q
ATTEST:
Angela ijdlock, City Clerk
Ernest E. Lancaster, Mayor
j