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HomeMy WebLinkAbout1979-10-02 Minutes1 167 MINUTES OF A BOARD OF DIRECTORS MEETING A regular meeting of the Fayetteville Board of Directors was held on Tuesday, October 2, 1979, at 7:30 P.M. in the Directors Room, City Administration Building, Fayetteville, Arkansas. PRESENT: Mayor David Malone, Directors Phil Colwell, Ann Henry, Ernest Lancaster, John Todd, Paul Noland, Richard Osborne; City Manager Don Grimes, City Attorney Jim McCord, City Clerk Angie Medlock, Administrative Assistant David McWethy. ABSENT: None. CD 0 OTHERS PRESENT: Members of the audience and representatives of the news media. 03 0 CALL TO ORDER Q Following a moment of respectful silence and roll call, the mayor called Q for consideration of the first item of business. REZONING APPEAL / J. 0. Hays -Joe Rodman / HapQy Hollow Road An appeal of a Planning Commission decision had been filed in regard to 167.1 Rezoning Petition R 79-29, for a 10.34 acre parcel of property located on the west side of Happy Hollow Road, approximately 300 feet north of Fourth Street. The Planning Commission had recommended denial of the request to rezone from R-1, Low Density Residential District to R-2, Medium Density Residential District. The mayor acknowledged a letter from the petitioner's attorney asking that 167.2 this item be deferred to the October 16 meeting, as he had a prior conflict and must be out of town. The mayor acknowledged that most of the audience was present on this appeal. No motion was made to table consideration of the appeal. John Hunnicutt stated that the area in question is a nice part of town and 167.3 would be excellent for developing. He acknowledged, however, that traffic and drainage problems would be increased with development. He said he felt this would be a convenient location for multi -family development as it is near the Industrial Park, and suggested that the Board take a look at "what is best for the whole community". Darlene Westbrook, present in opposition, commented that the rezoning would 167.4 affect the neighborhood as a whole. She said the residential area would be "sandwiched" between commercial areas and heavier residential uses. She noted that there is a lot of vacant land in the area recommended for single-family residential and they would like to see it developed as such. She said it is just as "convenient" for single-family as it is for R-2 and she would like the Board to take this into consideration. Jimmy Longwith said he feels people who moved into the area took into consid- 167.5 eration that it is a single-family area and said he feels they would welcome single-family development. He suggested the area should remain single-family and "peaceful and safe". Loyd Hester stated that he recently bought property in the area due to the 167.6 location and that it is single-family. He expressed concern about the increased traffic, as he has three small children who walk to school. Jack Ladyman also expressed opposition to the R-2 request, and agreed the 167.7 neighborhood could be better developed as single-family. Dale Garrett said he feels they need to look at the "type" of development. He suggested that since streets are not paved, no sidewalks are present, and there is very poor drainage, you Would be putting too many people in a given area and the area is not yet ready for this much development. 1 10-2-79 168 168.1 Director Henry agreed with the planning consultant that this is basically a single-family area at this time. She noted that there are some problems which need to be ironed out, such as four-laning of Highway 16 East, and suggested that this rezoning request is premature. 168.2 Director Noland said he feels you would be moving into the middle of an existing R-1 neighborhood and establishing an R-2 development, which is against the concept of zoning principles. 168.3 Director Todd pointed out that the Planning Commission and planning consultant had recommended denial of the request. Todd said he felt the community impact would be very negative for this development. 168.4 Mayor Malone noted the letter from the petitioner's attorney was dated October 1. He was concerned that the petitioner may not have been given adequate notifi- cation. 168.5 Following a short discussion, Director Henry moved to deny the appeal. Director Lancaster seconded the motion. Director Osborne expressed concern about R-1 being isolated between R-2 and commercial as pointed out in the planning report. 168.6 Director Colwell stated that the cost of developing lots in this area would be too high to develop the property as single-family. 168.7 The city attorney commented that he is also concerned about adequate notifica- tion being given to the petitioner. He said he did feel, however, that there is adequate record before the Board for the Board to make a good decision on the request. 168.8 The mayor then called for a vote on the motion to deny the rezoning appeal. The recorded vote was: Ayes: Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: Colwell. The mayor declared the motion passed and the appeal denied. SIDEWALKS 168.9 The mayor acknowledged several area residents present concerned about the proposed sidewalks on the west side of Garland Avenue from Mt. Comfort Road to Sycamore, to be built with Community Development funds. The Board agreed to consider this item next. 168.10 Mayor Malone acknowledged a petition from property owners on the west side of Garland Avenue who objected to the sidewalks and appraisals of the property; and another petition in favor of the sidewalks. 168.11 City Manager Grimes explained that the residents are asking for a chance to be heard before bids are opened on the project. Malone said bids would be opened on October 9 and the bid recommendation would be presented to the Board on October 16 for action. 168.12 Lawrence Maxwell stated that they are taking 10 feet of his property for $300 and would be putting the sidewalk within 12 feet of the front of his house. He said he would also lose some trees and contended that a sidewalk is not needed. He said he had bought this property to live on for the rest of his life and if he is forced out of his property, he couldn't come near replacing it. Maxwell said he "doesn't believe it's right", and suggested that people living near him feel the same way. He contended that there is adequate room to put the side- walk in the highway right-of-way. 168.13 Director Noland asked Maxwell if he would feel any better about the sidewalk if it was placed next to the right-of-way and Maxwell said he would. 168.14 Community Development Director Rick Mason explained that the 10 feet to be taken begins at the highway right-of-way and goes west 10 feet. 168.15 Ed Skelton agreed with Mr. Maxwell. He said he objects to the sidewalks because 1) loss of privacy; 2) he would lose some parking area in his driveway; and 3) he would lose some pine trees. He noted that although this will be only an easement, he will not be able to use the 10 feet. 10-2-79 169 In response to Director Todd, RicklfMason said the engineer (McGoodwin, 169.1 III Williams, and Yates) had talked to the highway department before submitting specifications for bids. Mr. Martin contended that the sidewalks are not needed nearly as much as they 169.2 were five years ago, especially if Leverett School is to be sold. He pointed out that the University is running buses in that area every 15 minutes all day to pick up University students. He said he did not feel they have 10% of the "foot traffic" they have had in previous years. He said he would only have remaining about 12 feet from the proposed sidewalk to the sidewalk in front of his house. Jamie Jones expressed support for sidewalks but was concerned about the 169.3 placement. He said he would have no objections at all if the sidwalks were placed closer to the highway right-of-way. 0) A gentleman in the audience stated that the school administrator had told 169.4 0 him he was certain the disposal of Leverett School would take place within the next CO few years, and a new location has already been selected. Q Jim Parrish, owner of property on Garland Avenue, was in favor of sidewalks 169.5 and suggested they would be needed, even if a new school was built. Q Wayne Bearbower, representing Leverett PTA, sympathized with the property 169.6 Q owners but said he is concerned about the safety of the children. He stated that at least 40% of Leverett School parents are in favor of the proposed side- walks. Oma Blackwell, principal at Leverett School, spoke in favor of the sidewalks. She said the sale of Leverett School is not a sure thing and suggested the side- walks would be needed even if the new school was built. In response to property owners, Rick Mason said the 10 foot easement would be 169.7 for construction and maintenance of a sidewalk only. IIIKerry Schultz, appraisor for the property, commented that this is the first 169.8 time he has ever been involved in securing an easement where the engineers have done everything they could to preserve the trees. Mayor Malone asked that Rick Mason contact the engineers to see if the side- 169.9 walks could be placed in the highway right-of-way. He said he personally is in favor of the sidewalks. One of the property owners suggested they could put a small retaining wall 169.10 in the right-of-way and install sidewalks west of the retaining wall. A gentle- man in the audience said he felt the property owners should have some say on whether they would rather give up trees or have the sidewalks built closer to their houses. In response to Rick Mason, Noland suggested they could have Garland sidewalks bid as a deductive alternate. Director Todd asked if alternate streets had been considered for the side- 169.11 walks and Oma Blackwell explained that the route was set out primarily to avoid Oak Plaza Shopping Center. She said they have planned for special crossing lights and crossing guards at various intersections. Community Development Director Rick Mason left the meeting to call the engineer 169.12 to determine why sidewalks were placed on the western portion of the 10 foot easement. Later in the meeting, Mason returned and explained the engineer said there is no room to build the sidewalks on the highway right-of-way without storm tileing as they would be impeding part of the ditch. He said the engineer had decided on the proposed location to avoid losing trees, and because there are water meters, gas meters, and telephone poles on the east side of the easement in many places. 'He said the engineer had said there may be places along the easement III where they could move the sidewalk to the east, but that would result in the sidewalk being more crooked. Mason said it may be possible to move the sidewalk to the east side of the easement for those property owners who are expressing opposition. 1 17010-2-79 170.1 Director Henry moved the sidewalks be changed to be a deductive alternate and that Rick Mason work with the property owners who are objecting to try to work something out to move the sidewalks to the east side of the easement along their property. Mason said if there are only a few property owners objecting, they coul move thesidewalkas they construct it. If they redesign the sidewalks, said Mason there could be considerably more engineering costs. 170.2 Mayor Malone seconded Henry's motion. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the motion passed. EASEMENT ABANDONMENT / Bassett Place 170.3 The City Attorney read an ordinance abandoning a no -longer -needed utility easement in the Bassett Place Addition. 170.4 Director Osborne, seconded by Noland, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Colwell, Henry, Lancaste•, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the second time. 170.5 Director Noland, seconded by Henry, moved the rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. 170.6 There being no discussion, the mayor asked if the ordinance should pass. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the ordinance passed. ORDINANCE NO. 2564 APPEARS ON PAGE 15 OF ORDINANCE AND RESOLUTION BOOK VIII. EASEMENT ABANDONMENT / 614 W. Cleveland 170.7 City Manager Grimes asked that the next i longer -needed utility easement in the area of the ordinance is not needed. tem, an ordinance abandoning a no - 614 W. Cleveland, be deleted, as GASOLINE DELIVERY 170.8 The city attorney read an ordinance deleting the City code requirement that wholesale gasoline deliveries to service stations be between the hours of 5:00 a.m. and 8:00 p.m. 170.9 Director Osborne, seconded by Henry, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Lancaster, Todd, Noland, Osborne, Malone. motion passed and the city attorney read the ordinance for Ayes: Colwell, Henry, Nays: None. `The mayor declared the the second time. d 1 1 10-2-79 171 In response to Director Todd, City Manager Grimes explained that the Fire 171.1 Chief had asked for this ordinance to delete the time restrictions on gasoline delivery. He said the fire chief sees no reason for the ordinance as it is now, and does not want to enforce it. Director Osborne, seconded by Todd, moved the rules be further suspended 171.2 and the ordinance placed on third and final reading. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. There being no further discussion, the mayor asked if the ordinance should pass. The recorded vote was: Q) Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. O Nays: None. The mayor declared the ordinance passed. ORDINANCE NO. 2565 APPEARS ON PAGE 16 OF ORDINANCE AND RESOLUTION BOOK VIII. PORTER ROAD / UTILITY RELOCATION AGREEMENT A resolution was proposed authorizing the mayor and city clerk to execute 171.3 a utility relocation agreement with the Arkansas State Highway and Transportation Department, for the Porter Road/Highway 71 interchange. Director Henry moved the resolution be approved. Osborne seconded the motion.171.4 Director Noland asked if the city attorney has examined the contract and the city attorney said he has. The mayor called for a vote on the resolution. The recorded roll call vote 171.5 was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the motion passed. RESOLUTION NO. 90-79 APPEARS ON PAGE -35/.0 OF ORDINANCE AND RESOLUTION BOOK VII, ENGINEERING CONTRACT / Industrial Park Sewer Line The city manager explained that a resolution is proposed authorizing the mayor 171.6 and city clerk to execute an engineering contract with McClelland Consulting Engineers for a sewer line extension in the Fayetteville Industrial Park. He said the sewer line would originally serve the Amtane property. Director Henry, seconded by Noland, moved the resolution be approved. The 171.7 recorded vote was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the resolution passed. RESOLUTION NO. 91-79 APPEARS ON PAGE 2 OF ORDINANCE AND RESOLUTION BOOK VIII. ENGINEERING CONTRACT / Hwy. 71/62_Intersection The mayor explained that the proposed resolution would authorize the mayor 171.8 and city clerk to execute an engineering contract with McClelland Consulting Engineers for the relocation of sewer facilities in the area of the Highway 71/ Highway X62 Intersection. Wayne Jones clarified that this would be along the right-of-way of the Highway 71 bypass. Director ,Henry, seconded by Lancaster, moved the resolution be approved. 171., The recorded vote was: Ayes: Colwell,, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the motion passed. RESOLUTION NO. 92-79 APPEARS ON PAGE L OF ORDINANCE AND RESOLUTION BOOK VI11, 1:7Y-2-79 WATER LINE OVERSIZING / Jarnagan Lane 172.1 City Manager Grimes explained that the request by the city engineer to authorize oversizing of a waterline on Jarnagan Lane would permit oversizing from a 3/4" line to a 2" line. 172.2 Director Noland moved the request be approved. Director Todd seconded the motion. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the motion passed. OTHER BUSINESS 172.3 City Attorney Jim McCord introduced Mr. John Lewis who was present to discuss calling of a special election for consideration of an increased tax levy to finance construction on the city hospital. 172.4 Lewis explained that they plan to rennovate part of the existing structure and the architects' estimate of that cost is $256,156. The new construction to replace the old structure is $728,450, for a total construction cost of $984,606, said Lewis. He said assuming the bond election passes and they receive funds, they could start construction on the project in mid -1980. Lewis said, adding inflation factors to the current dollar estimates, there would be a total con- struction cost of $1,100,000. He said added to this amount is the survey, soil borings, and material testings - $1500; architects and engineering fees - $74,300; contingency fee of 10% of construction cost - $110,000; bond costs - $30,200; demolition work, site development, utility work - $60,000 - for a total of $276,000 and a grand total of $1,376,000. He said no furniture, equipment, or landscaping is included in that price, as they are planning to try to raise that money with a fund drive. 172.5 John Lewis said to pay a bond issue of this size in 20 years, with appro- priate coverage to make the bonds marketable would take a 2 -mill tax issue, assuming the legal maximum interest rate of 6%. 172.6 Director Todd asked if they had considered revenue bonds and John Lewis said they had discussed this with First Southwest Company and they did not feel revenue bonds would be marketable. Lewis said, however, they may have to wait for marketability of the bonds. 172.7 City Attorney McCord read an ordinance calling for a special election to consider the 2 -mill tax levy for hospital improvements. McCord said he has confirmed an election date of November 6 with the election commission. 172.8 Director Osborne, seconded by Henry, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the second time. 172.9 Director Henry, seconded by Noland, moved the rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. 172.10 Director Todd asked if election costs are included and John Lewis confirmed they have been estimated and included. 172.11 Director Todd asked if the hospital came up with some cash profit, would it be applied to the bonds and Lewis said all the millage would be pledged to the bond issue. McCord said there would be a provision included in the ordinance to suspend collection of the millage any one year, if the hospital has a profit sufficient to meet the debt service requirements for that year. 1 1 1 1 10-2-79 Director Todd asked that formal committment be given that they would pay towards the bonds if the hospital has said the entire Hospital Board has not yet discussed this like to see this - between now and the election. The mayor then asked if the ordinance should pass. Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Nays: None. The mayor declared the ordinance passed. ORDINANCE NO. 2566 APPEARS ON PAGE 17 OF ORDINANCE AND RESOLUTION BOOK VIiI. HIGHWAY DEPARTMENT PAYMENT / Engineering Costs A resolution was proposed authorizing the city manager to send a check to 173.3 the highway department for preliminary engineering costs ($20,000) for Gregg Avenue from North Street to Spruce) and Elm Street to Ash; and for prelimary engineering costs ($15,000) for the North Street project from Leverett to Gregg. Grimes explained that there is $89,200 set aside as the local share for Fletcher Street, which theyLare not proceeding with at the present time, which can be applied to other projects. Grimes explained that the new state aid money can be applied toward the city's 173.4 share of Urban Systems funds. Grimes said using the $89,200 set aside for the Fletcher Street project, and the state aid money, there would be a total of $143,780 and the City would need to add $131,220 for the city's total local share of $275,000. for these two projects. Director Henry, seconded by Lancaster, moved the resolutions be approved 173.5 authorizing the city•manager to send a check in the amount of $15,000 for preliminary engineering for the North Street project and a check for $20,000 for the Gregg Avenue project to the Highway Department. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the resolutions passed. RESOLUTIONS NO. 9(0-79 and q7-79 APPEAR ON PAGES it 1O AND , 1 OF ORDINANCE AND RESOLUTION BOOK VIII. by the Hospital Board a profit. John Lewis . Todd said he would 173 173.1 The recorded vote was: 173.2 Malone. RAILROAD CROSSING / North Street City Manager Grimes asked for approval for the motion sensor devices for the 173.6 North Street railroad crossing, subject to Frisco Railroad paying the local 10%. He said the railroad had asked the City to proceed with the highway department on this project. Director Henry moved to authorize the city manager to proceed with the project 173.7 contingent upon Frisco Railroad submitting the local 10% share for the crossing. Director Osborne seconded the motion. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the motion passed. APPOINTMENTS Director Henry made a motion that Larry Tompkins be appointed to the Board 173.8 of Adjustment to fill the unexpired term of David Newbern, and that Dale Cress and Jimmy Hill be appointed to the Electrical Licensing Board. She said the nominating -com- mittee voted to readvertise for the vacancy on the Pollution Control and Energy Commission because there weren't sufficient persons to represent the needed areas. Director Todd seconded the motion. The recorded vote was: 10-2-79 174 174.1 Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the motion passed. HUD LETTER 174.2 Director Todd suggested, in response to a HUD letter included in the agenda that the Board may want to consider deleting the Housing Assistance Plan Committee and the Community Development Committee, and the Board of Directors handling the committees' business themselves. Mayor Malone asked if the City could eliminate the committees and David McWethy said they could --the only requirementis that two public hearings be held by the Board of Directors. 174.3 City Manager Grimes suggested they write a letter to HUD stating that they haven't been able to get people to apply to the committee who are qualified. Henry suggested they could outline steps taken by the Board during the last nominations for those committees. The mayor asked that this item be placed on the Board agenda for the October 16 meeting for discussion. FISH KILL 174.4 The city manager stated that there had been another small fish kill on the White River. Grimes said they had seen about 200 small dead fish but they did not feel any of those were from the fish recently stocked into the river. He explained that they are doing all they know to do to prevent the fish kills, including ciphoning water from Lake Sequoyah into the river and pumping in oxygen. He said they have been adding the oxygen for about two weeks and it will take a few weeks for it to get down stream. Director Colwell suggested the City contact the Pollution Control Department and the Fish and Game Commission to see if they have further suggestions for preventing future fish kills. YOUTH CENTER 174.5 Wayne Jones presented a $211 change order for the Youth Center ex for adding steel plates under a window. Director Lancaster, seconded moved the change order be authorized. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the motion passed. pansion, by Noland, PROHIBIT NOISES 174.6 Director Osborne stated that he lives near the University and the noise there on the last few Saturday nights has been so loud that residents can't sleep. Noting that he has had several complaints from neighbors, Osborne said he had asked the city attorney to draft an ordinance prohibiting loud noises. 174.7 The city attorney said the city prosecutor has indicated to him that city police have also asked for an ordinance of this type. The city attorney then read the ordinance. 174.8 Director Osborne, seconded by Henry, moved the rules be suspended and the ordinance placed on second reading. Director Noland suggested that consideration be tabled until the next meeting. The recorded vote on Osborne's motion was: Ayes: Colwell, Henry, Lancaster, Osborne. Nays: Todd, Noland, Malone. The mayor declared that the motion had failed to pass and the ordinance remained on first reading. ADJOURNMENT 174.9 There being no further business, the meeting adjourned at 9:35 P.M. APPROVED ATTEST: 1 1 1