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HomeMy WebLinkAbout1980-03-06 Minutes1 MINUTES OF A SPECIAL MEETING OF THE BOARD OF DIRECTORS A special Joint meeting of the Fayetteville Board of Directors and the Springdale City Council was held on March 6, 1980 at 5:30 P.M. in the Springdale City Council Chamber, Springdale, Arkansas. PRESENT: Directors Rick Osborne, Ann Henry, Frank Sharp, Ernest Lancaster, Paul Noland, Phil Colwell; City Manager Don Grimes, Administrative Assistant David McWethy. 311 ABSENT: Mayor John Todd. OTHERS PRESENT: Springdale City Council, Springdale Chamber of Commerce 6) Representatives, the Regional Airport Committee; Purchasing 0 Officer Sturman Mackey, and Sanitation Superintendent Wally Brt; CO other members of the audience and representatives of the news Q media. Q CALL TO ORDER Q Springdale Mayor Charles McKinney called the meeting to order at 5:30 P.M. 311.1 REGIONAL AIRPORT Springdale Mayor Charles McKinney called for discussion to determine the 311.2 desires of the two cities with respect to the preparation of an environmental impact statement for the proposed regional airport. After a brief discussion regarding the continued study of the proposed 311.3 Northwest Arkansas Regional Airport, Director Ann Henry moved that in view of the recent airline deregulation, increased study and construction cost, and limited property tax milage that the two cities not pursue at this time further study of the airport. The motion was seconded by Roy Bowman of the Springdale City Council. The recorded vote on the motion was: Ayes: Osborne, Henry, Sharp, Lancaster, Noland, Colwell, and all representatives of the Springdale City Council. Nays: None. Absent: Mayor John Todd. The mayor declared the motion passed. RESOLUTION NO. 23-80 APPEARS ON PAGE 352 OF ORDINANCE AND RESOLUTION BOOK VIII. SANITATION BID AWARD The Board next considered award of a bid to Crane Carrier Company of Tulsa, 311.4 Oklahoma, for two 56,000 GVW truck chassis and award of bid to Solid Waste Manage- ment Inc. of Fort Smith, Arkansas, for the purchase of two LoDal packer units for installation on the chassis. A memorandum regarding the recommendation was presented to the City Board 311.5 by City Manager Don Grimes. This memorandum is attached and hereby made a part of these minutes. Director Osborne moved the tity manager's recommendation for the bid award 311.6 be accepted. The -motion was seconded by Director Ann Henry and the vote was as follows: Ayes: Osborne, Henry, Sharp, Lancaster, Noland, Colwell. Nays: None. Absent: Todd. The motion was declared passed. ADJOURNMENT There being no further business for consideration, the meeting was declared 311.7 adjourned. 312 MINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Fayetteville Board of Directors was held on Tuesday, March 18, 1980, at 7:30 P.M. in the Directors Room, City Administraiton Building, Fayetteville, Arkansas. PRESENT: Assistant -Mayor Paul Noland, Directors Phil Colwell, Ernest Lancaster, Frank Sharp, Richard Osobrne; City Attorney Jim McCord, City Clerk Angie Medlock, and Administrative Assistant David McWethy. ABSENT: Mayor John Todd, Director Ann Henry, City Manager Don Grimes. OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER 312.1 In the absence of the mayor, Assistant -Mayor Paul Noland called the meeting to order, and following a moment of respectful silence and roll call, proceeded to the first item of business. LOT SIZE WAIVER REQUEST FOR SEPTIC SYSTEM 312.2 The first item for consideration was a request submitted by Mr. and Mrs. Howard J. Guinn to be allowed to use a septic system for a 1.05 acre parcel of property not having access to a public sewer. 312.3 Engineer Neal Albright explained that a satisfactory sewage system has been designed for this lot, and asked that the Board consider the waiver as requested. He noted that the State Department of Health has approved the septic system. In response to the city attorney, Mr. Albright said Mr. Guinn had indicated that the property was purchased before July 5, 1977, the date which the new subdivision regulations went into effect, and Guinn said he had purchased the entire parcel which was available at that time. 312.4 Director Lancaster commented that the City had had several meetings before passing the ordinance requiring the 11 acre minimum for a septic system. City Attorney McCord advised that if the property was purchased prior to the 1; acre requirement (July 5, 1977) and this is not a subdivision of property, he felt the Board would not have the authority to deny a building permit where the use of a septic system has been authorized by the State Department of Health. McCord quoted from a previous opinion that (1) the City may not totally prohibit the use of septic tanks within the corporate limits or within its extra -territorial planning jurisdiction, and (2) the City may not refuse to approve an individual building permit or a subdivision plat because the Property would be served by septic tanks or some other type of individual sewage disposal system where such system has been approved by the State Department of Health, and there is no municipal law establishing standards affording greater protection to the public health or safety than 312.5 those afforded by the Department of Health regulations." Director Osborne then moved that based on the engineer's assurances that the system is adequate, that pollution will not occur, and the State Department of Health approval, the request be approved. He stated that he doesn't like the precedent being set, however, based on the city attorney's opinion, he feels the request should be approved. 312.6 George Blackwell spoke in opposition to granting the waiver. He stated that the property "is either an acre and a half or it is not". 1