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HomeMy WebLinkAbout1978-10-17 MinutesMINUTES OF A BOARD OF DIRECTORS MEETING 353 A regular session of the Board of Directors, Fayetteville, Arkansas was held on October 17, 1978, at 7:30 P. M., in the Board Room, City Administration Building. PRESENT: Directors Ernest Lancaster, John Todd, Paul Noland, Al Hughes, David Malone, Philip Colwell, Ann Henry, City Manager Don Grimes, City Attorney Jim McCord, and City Clerk Angie Medlock. ABSENT: None. OTHERS PRESENT: Members of the audience and representatives of the news media. co CALL TO ORDER �() After roll call and a moment of respectful silence, the Mayor called for consideration of the first item of business. ELAINE STREET r Truman Yancey was present representing residents of the Sweetbriar Subdivision 353.1 area who were requesting an ordinance be passed amending the Master Street Plan by reducing the classification of Elaine Street from a "collector street" to a "local street". Mr. Yancey presented a map showing the area bounded on the south by Old Wire 353.2 Road, on the west by Highway 265, on the east by Old Missouri Road, and on the north by Joyce Street. He showed the Board members the location of Elaine Street and pointed out that at the east end of the street is a park, and explained further that most of the property east of Elaine is classified as being in the fVood plain, and the Master Street Plan, as it presently is drawn up, projects Elaine Street to connect through the park to Highway 265. ,He said the residents feel the private properties involved can work out an arrangement to connect the stub from Huntingdon back to Old Missouri Road. He said the citizens of Sweetbriar are asking that the Master Street Plan be amended to delete Elaine Street as a collector and make it a local street and therefore, the likelihood of extending Elaine to Highway 265 would be lessened. He said previously, the citizens of the area had appealed to the City Board and presented petitions of persons in the area concerning the reasons of traffic safety, the asthetic appeal of the park, and of raising the traffic level on Elaine Street which presently only carries local traffic. He said it is per- ceived if Elaine is extended through it will become a short cut from Highway 265 to Old Missouri Road. He said the Board of Directors had suggested they go back to the Fayetteville -Springdale Transportation Advisory Committee and the Planning Commission, which they did He said the residents have listened for reasons why their request should be rejected and have heard, for example, that this is the plan which was adopted after careful consideration. He said the plan, as drawn, showed a collector street every quarter of a mile. Yancey noted that the plan to extend Elaine was done before the area was developed. Yancey said the residents have also heard that federal funds might be available if it were a collector street, and that Elaine Street may become a part of the east bypass. He said if this is to be a possibility, the residents of the area want it to be known that they protest. Mr. Yancey stated the residents have been told there are places worse than Elanne Street and it is their own fault if they bought a house there and were not aware of the collector street designation. Yancey stated that if there had • 10/17/78 354 been opposition by residents of the City on having the classification changed, they would have withdrawn their request. 354.1 Director Noland asked Mr. Yancey if he has an alternative way for the traffic to be channeled and Yancey said at the present time, it is projected to complete Joyce Street, north of Elaine, and improve it as an alternative route. He pointed out that Joyce would connect Old Missouri Road to Highway 265 and south of Elaine is Old Wire Road which will also connect Old Missouri Road to Highway 265. Yancey pointed out that much of the area east of the park is taken up in rights- of-way and utility easements. He also noted that north of Elaine is a golf course and he doesn't expect this to be changed in the near future. He said there is no need for a through street because the pattern of development is going to pull the traffic to Old Missouri Road and Old Wire Road. 354.2 Director Noland noted that the Board members are continually blamed because of the lack of through streets in Fayetteville. He questioned if there would be an adequate number of through streets in the future. 354.3 Director Hughes pointed out that on the Master Street Plan it shows Joyce Street as extending all the way through from Highway 265 to Highway 71, and he feels that would be the logical through street. Hughes said he had looked at Elaine Street and felt it would take four bridges to connect Elaine all the way through. He pointed out that Joyce can be extended on to Highway 71 and it would be economically unfeasible to continue Elaine through to the west past Old Missouri Road. Hughes said he felt a solution to the problem would be using Joyce Street. 354.4 Wayne Jones, 2346 Elaine Street, said there is a future access point from Huntingdon Subdivision to Highway 265 at the northeast corner of the subdivision which will be much safer than Elaine because the street is approxi- mately level with only a 2-4% grade vs. the 15% grade on Elaine Street. 354.5 Doris Milton, 2233 Elaine, said the suggestion that Joyce be used is a good suggestion. She noted that Joyce is a gravel street, but could be improved, and she feels Elaine Street should be avoided as a collector street because of the traffic problems during bad weather. 354.6 Mayor Lancaster said if the City Board designated the street through Huntingdon Subdivision as a collector street the people there would object and Wayne Jones clarified that they do not propose that it be designated as a collector, but only see it as an alternative route of getting to Highway 265. 354.7 City Attorney Jim McCord read an ordinance amending the Master Street Plan to reduce the classification of Elaine from a collector street to a local street. 354.8 Director Hughes, seconded by Noland, moved that the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland. Nays: None. Mayor Lancaster declared the motion passed and the ordinance was read the second time. 354.9 Director Hughes, seconded by Malone, moved the rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland. Nays: None. The motion was declared passed and the ordinance read the third and final time. 354.10 Director Malone said the principal thing he is concerned about is the fire station on Harold Street and the ability for those fire trucks to get over to Highway 265. He said now they have to go down Harold Street to Stubblefield Road and then to Old Missouri Road. He said to get to Highway 265 they have to go to either Joyce Street or Old Missouri Road. Malone said the real problem area for 1 1 Iii 10/17/78 fire protection will be the area just east of the park area at the east 355 end of Elaine Street. He said he realizes the neighbors do not want the street as a collector street, but 10 years from now people will wish there was an extended through street. Richard Podemski, 2502 Elaine, said there is a former fireman living on 355.1 Elaine who said it would take quite a while for a fire truck to stop and make the turn on Elaine. Wayne Jones noted that there is a future fire station proposed north of Highway 45 near the area east of Elaine Street, but it is questionable if it will be built before developement takes place there. Doris Milton noted that Old Wire Road is one of the most dangerous streets 355.2 in Fayetteville and this should be taken into consideration. Mayor Lancaster said the need for through streets is still there and this 355.3 is the second time the residents have been before the City Board and no one else has seen a need to recommend a change in the Master Street Plan to reclassify the N street. (Y) Mr. Yancey explained that the City Board did not act on this because they 355.4 If) wanted recommendations from other committees. He said the Technical Review V Committee didn't act on it because three members abstained from voting and the Q two who were prepared to vote were recommending a change. He said the policy committee did not understand what the Sweetbriar residents were doing there in Q the first place and although the minutes say they voted not to change the classi- fication of the street, they actually voted not to take any action at all. He said they did not show an overriding requirement for the street to be a collector. Truman Yancey stated that the study done by Planning Consultant Larry Wood 355.5 was basically the plan to put a collector street every quarter mile and noted that there are numerous blocks in the City considerably larger than this without collector streets even planned. Truman Yancey said Elaine Street was designated as a collector because it 355.6 was the first street built in the area. He said the Master Street Plan actually projected for the collector to be south of Elaine Street. He said the residents would like to understand what it is thatrequires Elaine to be a collector other than the fact that it was planned that way several years ago. The Mayor asked if the ordinance should pass. The recorded vote was: 355.7 Ayes: Hughes. Nays: Malone, Lancaster, Colwell, Henry, Todd, Noland. The Mayor declared that the ordinance failed to pass. Truman Yancey questioned the reason for not reclassifying Elaine Street and Mayor Lancaster said his reason is that many planners have looked at Elaine Street and recommended that the classification remain the same. Director Noland said he had voted against reclassification of Elaine because Larry Wood had pointed out the fact that the school and nursing home are in the area to generate additional traffic and with these facilities, you would need additional collector streets. DRAKE STREET - Street Extension City Attorney McCord said he had recommended a few minor changes, which have 355.8 been agreed to by the engineer, for the resolution authorizing the Mayor and City Clerk to execute an engineering contract with Cowdrey & Associates for the extens'on of Drake Street from Villa Boulevard to Sunny Lane. Director Hughes questioned why the City doesn't work toward an extension of 355.9 Drake Street to Gregg Avenue. City Manager Grimes said the developers of Villa North and Bishop Addition 355.10 are responsible for paying for half the cost of developing a 31 -foot street and 10/17/78 356 356.1 there are two property owners, Mr. Murphy and Mr. Nettleship, who have not developed their property and the City would have to obtain right-of-way from them. He said he had assumed from past actions of the Board, that they would want him to attempt to form a street construction project at some later date. Grimes said they need to start getting the planning done and obtaining right- of-way. Grimes said Mr. Cowdrey did the engineering on the portion of Drake Street out to College Avenue and the engineering on Villa Subdivision. 356.2 Mr. Grimes stated that Ed Connell has not contacted Mr. Murphy, one of the persons right-of-way is needed from, but has contacted Dr. Nettleship and Mr. Connell felt Dr. Nettleship would donate the right-of-way. He said this would leave the City with four property owners north of the section line west of Bishop's Addition. Mayor Lancaster asked Mr. Grimes if they would have to condemn right-of-way from Mr. Murphy and Mr. Grimes said he did not know. 356.3 Mr. Grimes noted that the City does not have the money to make the extension of Drake through to Gregg Street. Director Hughes said the City has money held for the bridge. He said the bridge money was originally programmed for Appleby Road. Hughes said he feels the City should try to complete the Drake Street project, if possible, with money from other projects. 356.4 City Manager Grimes said the City could lay the pavement and possibly leave off curb and gutter until the property owners want to develop their property. He said he felt they could have a good street and have bar ditches for drainage until the property owners develop their property. Grimes noted that the City is holding lots in both Bishop Addition and Villa North for their portion of street improvements and the developers have already sold most of their lots. 356.5 Director Malone said he would like to see how much it would cost to extend Drake Street through and suggested they discuss ways of financing the extension at the next meeting. 356.7 Mr. Grimes stated that they could take the local funds and the City money and try to obtain Urban Systems funds. He said the problem is they are about three years behind on those. 356.7 Mayor Lancaster noted that the developers could post a bond if they want the lots released. 356.8 City Manager Grimes noted that the city's projected share at this point is about $17,000, which includes the additional width from 31 feet to 44 feet, and 1500 feet of pavement, including curb and gutter. 356.9 City Attorney Jim McCord explained the following changes in the resolution: 1) page 2.04 would be changed to reflect that there would be no multiplier; 2) page 2.08 --the engineer has agreed to delete sections 2.4 and 2.5 as reimbursable expenses; 3) on page 2.09, Article 6 will be changed to reflect the documents will become the property of the City and paragraph 6.6.1 will be deleted; 4) on page 2.10, builder's risk insurance is not applicable to this type of construction and 5) on page 2.13, delete the part where the City agrees to limit potential liability. 356.10 Director Hughes, seconded by Henry, moved the resolution as amended be adopted. The recorded vote on the motion was: Ayes: Henry, Malone, Lancaster, Colwell, Henry, Todd, Noland. Nays: None. The mayor declared the resolution passed. RESOLUTION NO. 63-78 APPEARS ON PAGE 256 OF ORDINANCE AND RESOLUTION BOOK VI. ORDINANCE LEVYING TAX - Real and Personal Property 356.11 City Attorney McCord explained that this tax is an annual levy and not a new tax. He read an ordinance levying the real and personal property tax within the City which divides the 9 mills tax into the following: 1 1 1 General government 5 Police pension fund 1 Fire pension fund t, 1 Amendment #13 special tax to pay General Obligation Bonds 2 mills Director Todd said the City has no discretion in increasing the amount allowed for police and fire pension funds. He noted that they have been told that the pension funds are having problems and said it seems the City should recognize that the City is doing all they can. He noted that benefits and inputs monetarily made by the City are defined by the State. Director Hughes, seconded by Director Todd, moved that the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland. Nays: None. The motion was declared passed and the ordinance read time. mills mill mill .; 357 Director Hughes, seconded by the ordinance placed on third and Ayes: Hughes, Malone, Lancaster, Nays: None. The motion was The Mayor Ayes: Hughes, Nays: None. The Mayor declared the Todd, moved the final reading. Colwell, Henry, the second 357.1 357.2 rules be further suspended and 357.3 The recorded vote was: Todd, Noland. declared passed. The ordinance was read the third and final time. asked if the ordinance should pass. The recorded vote was Malone, Lancaster, Colwell, Henry, Todd, Noland. ordinance passed. ORDINANCE NO. 2475 APPEARS ON PAGE 122 OF ORDINANCE AND RESOLUTION BOOK VI. 357.4 TRAFFIC PLAN - Courthouse Justice of the Peace Peter Harkins submitted a traffic and parking plan 357.5 around the Courthouse to be approved by the City Board of Dirctors. According to this proposed plan, courthouse patrons would turn from College Avenue and proceed east on East Mountain, which would be one-way going east. Parkers would be encouraged to use the "Bassett lot" to the southeast of the courthouse property. County Avenue would be one-way going north, to Center Street, and both East Mountain and East Center, east of County Avenue would be two-way. East Center Street, between College Avenue and County Avenue, would be one-way going west. Harkins said the purpose of 'the proposal is to funnel traffic around the courthouse into the "Bassett" lot which the County is proposing to lease. Harkins said this would remove a very dangerous left -turn bottleneck on North College entering the armory and legion hut parking lot. He said the traffic will not be permitted to enter that lot. Traffic will be forced to enter at Mountain and will then be exposed to the parking lots available. Harkins said traffic can turn up either East Center or East Meadow and go to the City parking lot if the County lots are filled up. Harkins noted that the traffic flow and parking plan have been approved by the Quorum Court. Mayor Lancaster asked if the County parking lot on the northeast corner is 357.6 open to the public and Harkins said it was made available for public use about 9 months ago. Director Malone asked if they have considered extending a county road to Meadow and Mr. Harkins said they have, but that would require acquiring of expensive 357.7 property which the County does not have the money to do at this time. Harkins said they may eventually do that, and if they get the money to acquire the Whitfield property, they could extend the lot. Director Malone said they could even consider closing East Center Street if they opened East Meadow. 10/17/78 35S 358.1 Director Hughes said traffic on college heading south making a left turn at East mountain would be almost as bad as turning left where they do now, into the armory and legion hut parking. Harkins noted that the traffic light is about 40 feet in advance of the left turn and this would help keep the traffic stopped while you are making the turn. 358.2 Director Hughes felt there may be a problem with cars turning left off East Center to go south on College and Harkins noted that this is the way it is now and they will not be creating a new problem. 358.3 Director Hughes said he felt the County should eliminate some of the left turns and Harkins said this has never been a mayor traffic hazard. Harkins said they would have signs indicating direction, streets, and parking areas. He noted that most of the traffic generated is for the revenue office located in the armory. 358.4 Director Colwell questioned where the county employees park and Harkins said they usually use the metered lots and if they get ticketed, it is his understanding the employees do not have to pay a fine. Harkins said they want to try to get county employees to use the other parking lots. He said the County hopes to eventually acquire the Ozark Theatre propzrty for the sheriff's vehicles which also use the metered spaces. 358.5 Director Hughe: questioned if the County plans to construct East Mountain Street to current city standards. He said this plan appears to be a large scale development and a private developer would be required to upgrade the street, and he sees no reason why the County shouldn't also be required to do this. 358.6 Director Colwell proposed that the County construct the lots and if the lots are not used, then the City Board could affect some changes. He said he doesn't see a need to affect changes until it is proven that there is a need for those changes. 358.7 Director Hughes said he feels they also need sidewalks for pedestrian traffic and Director Todd agreed. Hughes said East Mountain is not wide enough for pedestrian and vehicular traffic at the west end, near the jail. Harkins said east of the jail building the road does widen, so pedestrian traffic would have adequate room. He suggested the way to make county employees use the other lots is to start giving them tickets and making them pay. 358.8 Mayor Lancaster said it disturbs him that the City pays meter maids to write tickets that are destroyed. Director Todd said this seems to be inconveniencing the public for the sake of some bureaucrats. Harkins noted that people working in the courthouse are citizens also. Director Todd said he felt the best parking places should be utilized by the short-term parkers. 358.9 Director Noland asked if Traffic Superintendent Perry Franklin had reviewed the proposal and Grimes said he did look at it and Grimes said he thought Perry Franklin felt it was worth a try. Grimes said he is pleased that the county is trying to do something about the parking problem. 358.10 Director Todd questioned why it is necessary that East Center Street be one-way and Harkins said this would permit traffic to turn left into the alley and the County hopes in the future, to widen East Center and provide more parking. Todd noted that this would force people to have to make two extra left turns to get back to East Center Street. 358.11 Mayor Lancaster said he views this as a County project and noted that since the proposal has been approved by the Quorum Court, if people don't like it, they will go to the Quorum Court. 358.12 City Attorney McCord read an ordinance designating East Mountain between North College and County Avenue going east as one-way; East Center between North College and County Avenue going west as one-way &that portion of County Avenue between East Mountain and East Center as one-way. 1 1 10/17/78 Director Malone, seconded by Director Henry, moved the rules be suspended 359 359.1 and the ordinance placed on second reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Henry, Noland. Nays: Colwell, Todd. The motion was declared passed and the ordinance left on second reading. SIDEWALK WAIVER REQUEST - Huntingdon Subdivision City Attorney McCord said the Planning Commission had recommended 7-2 that 359.2 the sidewalk requirement on the interior cul-de-sac streets on Huntingdon Subdi- vision be waived. Director Hughes moved to deny the request. Director Hughes said the City Board has required sidewalks on other subdi- 359.3 (NJ visions and he doesn't see why they shouldn't require them on this subdivision. He noted that on other subdivisions they have even required three ingresses and CO egresses and this subdivision only has two. He said special consideration in 10 this subdivision has been exceptional. City Attorney McCord explained that the subdivider is not required to install 359.4 Q sidewalks. He said the subdivider would be required to show on the plat where sidewalks are to be built and to stake and fill to sub -grade. City Manager Grimes said he felt at some time in the future there may be 359.5 a proposed ordinance requiring that the person obtaining a building permit to post a cash bond for 150% of the cost of building the sidewalk. Director Henry noted that the Board has waived sidewalks for other subdivisions.359.E Mr. Pickell noted that this is a Planned Unit Development. He said they have 359.7 dedicated approximately 8 acres to parks and green areas. He said they have asked to have the sidewalks waived to encourage the use of green area and keep children off the streets. He explained that the green areas were laid out so that the children cen go anywhere in the subdivision on the green area. Director Hughes felt if the developer didn't install sidewalks children 359.8 would walk in the streets. Director Todd said one of the problems in the past is that the green area 359.9 is either inaccessible or a very rough terrain and Todd asked Mr. Pickell if the terrain in Huntingdon is such that the residents can use it for walkways. Mr. Pickell said the terrain is not rough where green areas are proposed for walkways. Director Noland asked who would maintain the.walkways and Mr. Pickell said it would be the responsibility of the Property Owner's Association. Director Hughes stated that he feels it would be a burden at this point to 350.10 waive sidewalks in favor of green areas or pathways until they can really see where the green areas will be. Peg Anderson explained the two basic reasons given to the Planning Commission 359.11 for consideration of waiving the sidewalks were 1) this is a Planned Unit Develop- ment; and 2) the waiver will apply only to the interior culs-de-sac streets. Mayor Lancaster said it bothers him that the City really has no way of seeing 359.12 that the developer is installing sidewalks. In response to Malone's question, Mr. Pickell said he would enter into a 359.13, contract for remaining street improvements. Malone said City Attorney McCord could draw up the contract to say the City would not release the final lots until improvements are made in the green areas. Malone said he likes the concept of green areas. Mr. Pickell said the developers are trying to make the green areas park -like, 359.14 but will not be building foot paths. He said they don't have the problem of steep terrain in the green areas. 10/17/78 360 Director Todd questioned if there is anything which will prevent letting 360.1 the common area go back to its natural state and Mr. Pickell said the protective covenants will prevent that from happening. 360.2 Director Colwell said he has lived on a cul-de-sac street with 12 lots and there was no problem with not having sidewalks. He said with the experience he has had, he doesn't feel there is a need for sidewalks. Colwell said he feels the subdivision does need sidewalks on the perimeter street. Director Colwell asked if the developer had checked with the Post Office on what side of the street they would want mailboxes and Pickell said this would not matter because the side- walks will be back 4 feet from the curb. 360.3 Director Henry moved to waive the sidewalks as requested. 360.4 Director Todd questioned if there should be sidewalks required on Katherine from Oak Bailey Road to the pool. Mr. Pickell said they would have no objection to installing sidewalks there. 360.5 Director Henry amended her motion to reflect that sidewalks will be waived on all interior cul-de-sac streets except Katherine from Oak Bailey Road to the pool. Director Todd seconded the amended motion. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland. Nays: None. The Mayor declared the motion passed. 360.6 Director Colwell noted that this property abuts Highway 265 for a distance of about 200 feet starting at Old Wire Road, and there is not a dedicated easement to Highway 265 from this subdivision. Pickell said that land is in the flood plain and they would have to build a bridge. 360.7 Director Hughes said he understands that Mrs. Katherine Stubblefield did offer to sell this developer a strip of property back to Old Missouri Road large enough for lots on both sides of a street. II/360.8 Mr. Pickell said they offered Mrs. Stubblefield 50% more per acre than they paid for this property, just for an access to Old Missouri Road and she would not sell. He said they also tried to buy an access from Ralph Stubblefield who did not want to sell any of his property. Pickell explained that the reason the street does not line up is his engineer laid the street out on a quarter section line since they thought Errol was on a quarter section line, but it is actually 117 feet off the line. Pickell said they would like to have a direct access to the school. 1 SOLICITATION ORDINANCE - Street Intersections 360.9 The City Attorney read an ordinance prohibiting any person from standing in a roadway for the purpose of soliciting a monetary contribution from the driver of a private vehicle. 360.10 Director Hughes, seconded by Todd, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland. Nays: None. The mayor declared the motion passed and the ordinance was read the second time. 360.11 Director Todd questioned if the police chief has reviewed this and Mr. Grimes said Chief Riggins felt the City does need this ordinance. 360.12 Director Colwell questioned if they could keep solicitors off pedestrian areas as well as streets. Director Todd asked if this ordinance would include street right of way and City Attorney McCord said he could clarify the ordinance to include right of way, but he felt itwould be covered by the ordinance as it is. 360.13 Todd questioned if someone could sell merchandise or services and after a short discussion, City Attorney McCord amended the ordinance to read that no person shall stand in a "public street right of way for the purpose of soliciting a monetary contribution or selling goods or services" from the driver of any private vehicle. 1 `1414•.t. 10/17/78 361 City Manager Grimes noted this would prohibit civic clubs from selling 361.1 things. After a discussion, McCord amendedthe'ordinance to read that "no person 361.2 shall stand in a public roadway or upon a public sidewalk for the purpose of soliciting a monetary contribution or selling goods or services to any occupant of a motor vehicle". Director Todd, seconded by Colwell, moved the ordinance be amended as 361.3 stated by McCord and placed on third and final reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland. Nays: None. The motion was declared passed and the amended ordinance read the third and final time. The Mayor asked if the ordinance should pass. The recorded vote N was: CO Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland. Nays: None. LO The ordinance was declared passed. U Q ORDINANCE NO. 2476 APPEARS ON PAGE 123 OF ORDINANCE AND RESOLUTION BOOK VI. Someone in the audience suggested that the City allow solicitation but 361.4 require the person to obtain a permit. Director Todd questioned what they could use as a basis for discrimination in deciding who to issue permits to. Director Malone, seconded by Hughes, moved adoption of an emergency 361.5 clause for this ordinance. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland. Nays: None. The Mayor declared the emergency clause passed. Noting that there were people in the audience interested in Item 14, 361.6 a request by the Parks and Recreation. Advisory Board, Director Malone, seconded by Todd, moved the Board proceed to Item 14. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland. Nays: None. The motion was declared passed. PARKS REQUEST - Project List Mayor Lancaster stated that the Parks and Recreation Advisory Board 361.7 has submitted a project list for the capital improvement bond money, to be approved by the City Board. Director Malone asked if the money allowed to reroof the pool room would 361.8 be adequate and Elizabeth Reagan said they are not sure yet. He asked if they would readjust priorities if the cost was more than the money allowed and she said she felt they would, and noted that there is $7,500 allowed for contingencies. Mayor Lancaster asked if the present roof was bonded and Elizabeth Reagan 361.9 said the warantee on the present roof has expired. Director Hughes asked how long ago the roof was built on the pool room 361.10 and David Lashley said it was built in 1964-1965. Director Todd noted that the Parks Board is spending money on all parks, 361.11 except Walker Park, which can use Community Development funds. David Lashley said the Parks Board is talking about adding another girl's softball field at Asbell. He said the girls have one field exclusively which they can use and the 10/17/78 362 362.1 women use the City Park fields. Director Todd asked if the girls not having enough softball fields is a serious problem and Mr. Lashley said they did not have many problems last summer since they could schedule three games a night at Asbell. Todd asked if obtaining more softball fields for the girls might be a priority item in the near future and Lashley said he felt it would be. 362.2 Director Hughes, seconded by Henry, moved the project list be approved as submitted. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland. Nays: None. The Mayor declared the motion passed. 362.3 Elizabeth Reagan gave City Manager Grimes a copy of statistics on the use of the Youth Center. Grimes noted that the Parks Board will be subject to the same purchasing requirements as the other City departments. TRAFFIC SIGNAL - Stearns Road 362.4 City Manager Grimes said he is asking for authorization to apply for a Federal Urban Systems Funds project for the installation of a traffic signal at the intersection of Highway 71 and Stearns Road. He explained that he has been contacted by the Mall people and Regional Planning to ask that this be deferred. He said the Mall wants to talk to the Highway Department about some additional plans, possibly a light at Johnson Road. 362.5 Grimes said he had also talked to Ken Riley, who feels they could go ahead and get this request started. Mr. Grimes said the cost would be about $40,000 plus $50,000 for installation. Grimes said $40,000 in relation to other urban systems projects is a relatively small amount. 362.6 Director Hughes questioned the status of the light at the intersection of Maple and Garland. City Manager Grimes said the light has been ordered but it takes about 8 weeks to get a traffic signal. 362.7 Director Malone agreed that the City Board may want to discuss these improvements with Ken Riley from Regional Planning, and the people representing the Mall. RESOLUTION OPPOSING PASSAGE OF AMENDMENT 59 362.8 Mayor Lancaster opened discussion on a request by the Arkansas Municipal League for a resolution expressing the City Board's opposition to the passage of Amendment 59. 362.9 erector John Todd questioned if it is a proper function of the City Board tooexecute this resolution.. He said he feels this resolution has some flaws in it and the section about the general revenues of Arkansas' cities being cut by more than $1.30 per capita per year if Amendment 59 were enacted is misleading. Todd said he feels there are two problems: 1) trying to bring awareness of an existing or potential problem to the attention of the citizens and 2) saying to the citizens, based on the city government situation, the City Board feels you should vote against Amendment 59. Todd said he could not tell someone to vote against Amendment 59 on the basis of the potential impact for the City. He said it seems the only thing the Board should consider is the impact on city government. 362.10 Todd stated that he would not be willing to go beyond the awareness stage and encourage people to take certain things into consideration. 362.11 Director Henry noted that any revenue lost would affect the City. 1 1 10/17/78 363 Todd said the City would stand to lose something but there might 363 1 be enough benefits to offset it. He said he feels the Board should consider this. He said if they were the only one'impactedlby Amendment 59 it might be a close decisions, because there are some good things about Amendment 59. Director Todd moved the following alternative ordinance be adopted: Whereas, Fayetteville City government currently receives over $1 million per year in municipal turnback funds from the State of Arkansas, and Whereas, this revenue is very important in order to provide public services for the citizens of Fayetteville, and Whereas, there is a need for additional revenue for the provision of basic people services such as police protection, fire protection, N health and sanitation, improved streets and drainage, parks and recreational facilities for the citizens of Fayetteville, and (Y) Whereas, Amendment 59 makes no provision for replacing the revenues which would be lost should it be enacted, O Now, therefore, be it resolved by the Board of Directors of Fayette- ville, Arkansas, that we hereby encourage the voters of Fayetteville to take these factors into account in deciding how to vote on Amendment 59. Q Director Malone noted that this proposed resolution is very familiar to 363.2 those passed by various school boards, and the City Board is not saying for people tovote against Amendment 59 but are saying that they want the voters to take certain things into consideration. Colwell' questioned if the proposal from Todd says how much money 363.3 the City would stand to lose and Todd said it would not, because he doesn't believe the figures submitted by the Municipal League, and doesn't believe anyone can tell them the correct amount, since you cannot project growth. Director Henry asked if they should also state that the Board of Directors 363.4 will vote against this amendment based upon certain things and Todd said he objects to this because how the directors vote on the amendment is a personal decision. Mayor Lancaster said the board members are elected to try to run the City government as they feel is right and he feels they should take a stand. He also said he doesn't feel the money lost if Amendment 59 is adopted would be replaced. Director Malone seconded Todd's alternative resolution. The recorded vote 363.5 was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland. Nays: None. The Mayor declared the resolution passed. RESOLUTION NO. 64-78 APPEARS ON PAGE 269 OF ORDINANCE AND RESOLUTION BOOK VI. PARKING REVIEW - Parking Development District #1 Attorney Richard Osborne, representing the Off-street Parking Development 363.6 District #1, said they would like to ask the City Board to renew the ordinance pledging revenues to the retirement of their bonds. He said they have asked for this because they felt the merchants in the parking district area had stood a lot of the expense of providing parking by having been assessed from $5.00 to $6,000, and felt they were entitled to some relief. Osborne explained that the revenue collected this year was only about 363.7 $3,000 but he was told by City Controller Pat Tobin that the revenue should go up when the Continuing Education Center is finished. Osborne said the revenue would lessen the assessments against the businesses in the district. 364 364.1 364.2 364.3 364.4 364.4 364.5 364.6 364.7 10/17/78 Richard Osborne said the City is now reading the meters and doing mainte- nance on the parking lots in the district, and the City is getting the money paid for tickets issued. Director Todd questioned if there are reserve spaces east of Mcllroy Bank and Mr. Grimes said he is not aware of any. Todd asked that Mr. Grimes check on this. Grimes said there is a provision that a business can buy a meter for a loading and unloading area. Director Colwell asked what happens to assessments against businesses when the business closes and Osborne said the assessment is against the property owner and the property owner would have to pay even if the building is empty. Todd questioned why the City and parking district did not follow the same format as last year when this ordinance was adopted for a one-year period and Osborne said the same provisions as last year would be fine with the parking district. City Manager Grimes clarified that the City has two meter maids who work a combined time of 40 hours per week. Director Malone moved to pledge the net revenues from all off-street parking lots toward the payment of improvement district bonds on the same basis as last year, for a period of three years, beginning January 1, 1979. Director Henry seconded the motion. City Attorney McCord read the ordinance pledging the net revenues from all off-street parking lots toward the payment of improvement district bonds. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland. Nays: None. The motion was declared passed and the ordinance read the second time. Director Hughes, seconded by Todd, moved the rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland. Nays: None. The motion was declared passed and the ordinance read the final time. The Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland. Nays: None. The Mayor declared the ordinance passed. ORDINANCE NO. 2477 APPEARS ON PAGE 125 OF ORDINANCE AND RESOLUTION BOOK VI. COMMITTEE APPOINTMENTS Policemen's Pension & Relief Board 364.8 Director Todd, seconded by Hughes, moved that Dr. James Mashburn be appointed to the Board of Trustees of the Policemen's Pension & Relief Fund. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland. Nays: None. The motion was declared passed. Electrical Licensing Board 364.9 Director Todd moved that John Lindsay be appointed Licensing Board as John Tuttle was unable to accept his Hughes seconded the motion. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Nays: None. The motion was declared passed. Steering Committee of the United Community Services of NW Ark, Inc. 364.10 After a short discussion, Director Hughes moved that David McWethy be appointed to the Steering Committee of the United Community Services to the Electrical appointment. Director Noland. 1 1 10/17/78 of Northwest Arkansas, Inc. Director Todd seconded the motion. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland. Nays: None. The motion was declared passed. 365 INDUSTRIAL PARK - Winamac Steel Mayor Lancaster explained the next item was a resolution authorizing 365.1 the sale of a 31 -acre parcel of property in the Fayetteville Industrial Park (Tract 10-B) to Winamac Steel Products Division of Norris Industries for a price of $5,000 per acre. Director Malone said, as part of the agreement, he would like to see all of 365.2 N this property outside the city limits annexed into the City. (4) City Attorney McCord said this item needs to be tabled until some legal 365.3 10 problems can be worked out. U Director Hughes, seconded by Todd, moved tabling discussion on a resolution 365.4 authorizing the sale of property in the Industrial Park to Winamac Steel. The Q recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland. Nays: None. The motion was declared passed. r 1 SEWER AUTHORIZATION - Industrial Park City Manager Grimes explained the request for authorization to install a 365.5 12" sewer line in the Fayetteville Industrial Park at an estimated cost of $9,670. He said the line would extend from Armstrong Road to the Warren Tool Company site. Director Todd questioned what fund the money would come from and Mr. Grimes 365.6 said the City tries to anticipate sewer extension costs and add that amount to the purchase price of the property. Director Colwell, seconded by Henry, moved the authorization to install 365.7 a 12" sewer line in the Fayetteville Industrial Park be granted. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland. Nays: None. The motion was declared passed. ORDINANCE AMENDING CODE - Bookstores Mayor Lancaster opened discussion on an ordinance amending the City Code of Ordinances by adding bookstores to Use Unit 15, Neighborhood Shopping, a use unit allowed by right in all commercial zoning districts. City Attorney McCord read an ordinance amending the Code of Ordinances to add bookstores to Use Unit 15. Director Hughes said he doesn't feel the City needs bookstores in the C-1 District, which this amendment would allow, because the book stores would sell what the traffic will bear, and what people will buy, and was concerned that someone could open a pornographic bookstore. Director Henry said she is more concerned about what is being sold on the magazine counters at drug stores. 365.8 365.9 365.10 366 366.1 10/17/78 Director Malone, seconded by Noland and the ordinance placed on second readi Ayes: Hughes, Malone, Lancaster, Colwel Nays: None. The motion was declared passed and the o 366.2 Director Malone, seconded by Henry, pended and the ordinance placed on third vote was: Ayes: Hughes, Malone, Lancaster, Colwel Nays: None. Mayor Lancaster declared the motion pass third and final time. The Mayor asked i recorded vote was: Ayes: Malone, Lancaster, Henry, Nays: Hughes, Abstain: Colwell. , moved the rules be suspended ng. The recorded vote was: 1, Henry, Todd, Noland. rdinance read the second time. moved the rules be further sus - and final reading. The recorded 1, Henry, Todd, Noland. ed and the ordinance was read the f the ordinance should pass. The Todd, Noland. The Mayor declared the ordinance passed. ORDINANCE NO. 2478 APPEARS ON PAGE 126 OF ORDINANCE AND RESOLUTION BOOK VI. AWARD OF BIDS -Mt. Sequoyah and Old Wire Road 366.3 Purchasing agent Sturman Mackey said the City has received bids for surplus property on Mt. Sequoyah and a house and property at 2406 Old Wire Road. He said the high bidder for Tract A, Oklahoma Way was Robert C. Welch, who submitted a bid of #3,645.00 and the high bidder for Tract B was Thomas W. Bowen at $7,600.00. He said the high bid received for the property at 2406 Old Wire Road was from David Hausam who submitted a bid of $27,207.78. Mackey recommended these bids be awarded. 366.4 Director Todd noted that in Sturman Mackey's memo, it said the Fayetteville Board of Realtors were aware of these bids. 366.5 Director Hughes said George Faucette Jr. told him Mr. Mackey had sent him a personal letter concerning the property being available and he thought every other realtor in town had also received a copy of the letter. Hughes said Mackey had said he would address the letter to the Board of Realtors and Hughes gave him the correct address for the Board, but Mackey had sent the letter to George Faucette, President of the Board of Realtors, and there was apparently a misunderstanding. 366.6 Director Malone moved the bids be awarded on Tracts A & B, Oklahoma Way. Director Todd seconded the motion. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland. Nays: None. The motion was declared passed. RESOLUTION NO. 65-78 APPEARS ON PAGE 270 OF ORDINANCE AND RESOLUTION BOOK VI. 366.7 Director Malone said it seems very important the City Board be sure there was no breakdown in communication and he felt they should readvertise the property at 2406 Old Wire Road to be sure the realtors know it is for sale. Mackey said he had only had two parties that had an interest in bidding on the property and the Rogers' said the property was priced too high for the lot, and Mackey said he had notified Edmiston-Prewitt, who had expressed an interest, but did not bid. 366.8 Director Hughes questioned the size of the lot and Mackey said it is a .81 acre tract, more or less, and the frontage on Old Wire Road including the 30 feet taken off the south side for street right of way is 112.75 and 136.80, for a total of 249.55 feet. Mackey said it was his understanding the property could not be sewered and Grimes said he felt they could obtain access to the sewer in the creek. 1 1 10/17/78 367 Director Todd agreed with Malone that the City should readvertise for bids. He questioned if the advertisement was in the block ads as well as legal 367.1 ads and Mackey said it was. Director Todd moved the property at 2406 Old Wire Road be readvertised for 367.2 sale. Director Noland seconded the motion. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell,' Henry, Todd, Noland. Nays: None. The motion was declared passed. Director Hughes questioned the rule on city employees bidding on sale 367.3 property. McCord read the statute which applies to directors and employees -- "the directors of the city should not be interested directly or indirectly in any contract made with the City." McCord said he felt the Board members should not bid on city contracts. McCord read "no employee elected or appointed shall (U be interested directly or indirectly in any contract or job for work or material". CO He said there is a statutory difference and this contract is not for work or materials, but for purchase of property, and he does not think it is illegal for an employee to bid on the contract. Q AWARD OF BID - Tractor/ Backhoe/ Front-end Loader a Purchasing agent Mackey recommended award of a bid for two tractors/ 367.4 backhoes/front-end loaders to Northwest Equipment Company. Director Todd questioned if there would be shifting of funds in the budget to buy these items and Mackey said there would be. He noted that the water and sewer department would not purchase one air compressor, to make up the budget overrun. Director Noland, seconded by Henry, moved the bid be awarded to North- 367.5 west Equipment Company. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland. Nays: None. The Mayor declared the motion passed. OTHER BUSINESS ORDINANCE AMENDING LEGAL DESCRIPTION - Company Street City Attorney McCord read an ordinance correcting the legal description 367.6 of an earlier ordinance closing a portion of Company Street. Director Hughes, seconded by Todd, moved the rules be suspended and 367.8 the ordinance placed on second reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland. Nays: None. The Mayor declared the motion passed. Director Hughes, seconded by Todd, moved the rules be further suspended 367.9 and the ordinance placed on third and final reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland. Nays: None. The Mayor declared the motion passed and the ordinance was read the third and final time. Mayor Lancaster asked if the ordinance should pass. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland. Nays: None. The Mayor declared the ordinance passed.. ORDINANCE NO. 2479 APPEARS ON PAGE 127-128 OF ORDINANCE AND RESOLUTION BOOK VI. 368 10/17/78 REQUEST TO PAINT HOUSE NUMBERS ON CURBS City Manager Grimes said he had received a request from a civic club 368.1 to see if the City has any objections to their painting house numbers on curbs. Director Todd felt someone should approve the style of the stencil and 368.2 color of paint. The Board expressed no objection. REVENUE BONDS TO FINANCE RESIDENTIAL CONSTRUCTION City Manager Grimes said he had distributed a handout concerning revenue 368.3 bonds for financing residential construction. He said he had passed out some information on this and he felt the Board would probably be asked to talk to groups about this in the future. Director Malone said the Board may want to have a special meeting on this 368.4 because it is very important to get in the bond market as soon as possible to get a rate established. CD PROJECTS Mr. Grimes said Community Development has asked that the City Board let 368.5 them know if there are any projects eligible for Community Development funds which the City Board wants the Community Development Board to review. Grimes asked that the directors submit suggestions in writing to him as soon as possible. Director Todd questioned what property would be eligible for Community 368.6 Development funds and Grimes said he would get them a map showing what areas are eligible. He said these suggestions would be for the 1979 program. CHANGE OF MEETING PLACE City Manager Grimes said they would like to schedule the regular meeting 368.7 of December 19, 1978 at the municipal library for a public hearing by the ' Highway Department on the Morningside Drive -Fletcher Street project at 7:00 P.M. and after that public hearing, the City Board go into their regular meeting. Director Todd questioned if there would be any objection to the City 368.8 Board meeting at the quorum court meeting place some time in the future if it became more comfortable or they had better facilities and Mayor Lancaster said he would object to conducting City business away from City Hall. A & A TRACTOR SALES PROPERTY Mr. Grimes noted he had passed out copies of a newspaper article concerning 368.9 Leon Ashworth, A and A Tractor Sales property, who had been told he was in violation of city ordinance for storage of torndown tractors. Grimes noted the City could either put Mr. Ashworth out of business or go 368.10 to chancery court and askthe court to enjoin him from storing these vehicles. Mr. Grimes said he doesn't want the City to put Mr. Ashworth out of business, so they are asking for authorization to enjoin him from placing his partially repaired tractors in front of his property in violation of city ordinance. City Attorney McCord said the lawsuit would allege that the property is 368.11 a public nuisance and if the City preferred, the court could shut the property owner down. McCord noted that the City could try to collect the judgement, but this may not get the property cleaned up, which is what they want to do. Director Malone said he would not want people to get the idea that the 368.12 City is not going to collect fines. He said he would like to encourage the prosecuting attorney to prosecute and follow up on violations. McCord explained that in this particular case they thought they had reached an agreement with the property owner, but the property was not cleaned up. 10/17/78 Director Malone moved to pursue the nuisance complaint and ask the prosecuting attorney to explore with the municipal 'judge, possibilities of pursueing the ordinance violation. Director Henry seconded the motion. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland. Nays: None. The motion was declared passed. CITY HOSPITAL BOARD Mayor Lancaster acknowledged a letter from Harry Vandergriff requesting that a member of the Fayetteville Board of Directors be appointed to fill a vacancy on the City Hospital Board. The City Attorney said he doesn't feel there would be any legal problems with this. (V Director Malone said he doesn't feel the Board of Directors should be 369.3 members of any underlying committee because he feels their function is to 10 "supervise" other boards and commissions. He said he feels this puts the U Board of Directors in a potential conflict of interest situation. Director Q Colwell agreed with Malone. Q MISCELLANEOUS 369 369 1 369.2 1 1. Mayor Lancaster noted that there was.street construction being done on Sang Avenue and there were no lights indicating there was construction in the area. 2. Director Todd noted the difference in accounts receivable for water and sewer was due to $212,000 due to the City from HUD to cover Greenland and Farmington water and sewer projects. 3. Director Todd questioned the distribution of proceeds from sale of property in the Industrial Park to Warren Tool Company. Malone explained that as each property is sold, the proceeds are divided between the Fayetteville Industrial Development Corporation and the City. GREGG STREET Irving Zisner was present questioning what he could do now since the Planning Commission had turned down the residents' request to initiate a rezoning petition for the property on Gregg Street. Mayor Lancaster read a letter from Ernest Jacks explaining the events which happened at the Planning Commission meeting. Zisner noted that two people who had signed the petition for R-2 zoning had asked that their names be withdrawn from the petition and two people whose names were on the petition had said they did not sign the petition. The City Board agreed they would not have any objection to the property owners getting together and submitting one rezoning application. Malone noted that they could apply as a group, but that would not assure every property owner they would get their rezoning approved. Irving Zisner questioned if a contract buyer could initiate a rezoning petition and City Attorney McCord said he felt they could. ED EDWARDS ROAD Director Hughes noted that the street department had been dumping subbase into the holes on Ed Edwards Road, which really makes the road worse. 369.4 369.5 369.6 369.7 369.8 369.9 369.10 369.11 1 370 MINUTES Director Hughes said paragraph 344.9 should be changed to read "and 370.1 could" get flood insurance. 370.2 Hughes said paragraph 347.3 the word "chairman" should be deleted. 370.3 Todd asked that paragraph 342.5 be amended to add that the parks board did not feel they are in a position to accept green areas "because of maintenance costs". With these corrections, the minutes were approved as mailed. 370.4 There being no further business, the meeting adjourned at 12:05 P.M. ATTEST: TO ZG - U T e AngelMedlock, N � ty Clerk APPROVED: Ernest E. Lancaster, Mayor 1 1 1