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HomeMy WebLinkAbout1980-03-18 Minutes312 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 commernted that the City had had several meetings before passing the ordinance requiring the 1; acre minimum for a septic system. City Attorney McCord advised that if the property was purchased prior to the 12 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 those afforded by the Department of Health regulations." 312.5 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 1 i /9 313 The city attorney suggested the item be tabled to determine the date of 313.1 purchase and if the property has been split. Director Osborne then withdrew his motion and moved the item be tabled to 313.2 allow the city attorney to check the date of purchase and if the property has been split. Director Lancaster seconded this motion and the recorded vote was: Ayes: Colwell, Lancaster, Sharp, Osborne, Noland. Nays: None. Absent: Henry and Todd. The assistant mayor declared the motion passed. REZONE PROPERTY N. COLLEGE / J.B HAYS The city attorney read an ordinance rezoning a parcel of property located east 313.3 Cr) of North College Avenue and south of Rebecca Street submitted by J. B. Hays, from O R-1, Low' Density Residential District to' -12-.0, Residential OfficeDi:strict. The petitioner had originally asked that the R-1 portion be rezoned to C-2, Thorough - 03 fare Commercial District to conform with the C-2 on the front of the lot. O Director Osborne, seconded by Sharp, moved the rules be suspended and the 313.4 Q ordinance placed on second reading. The recorded vote was: Q Ayes: Colwell, Lancaster, Sharp, Osborne, Noland. Nays: None. Absent: Todd and Henry. The assistant mayor declared the motion passed and the city attorney read the ordinance for the second time. Director Osborne, seconded by Lancaster, moved the rules be further suspended 313.5 and the ordinance be placed on third and final reading. The recorded vote was: Ayes: Colwell, Lancaster, Sharp, Osborne, Noland. III Nays: None. Absent: Todd and Henry. The assistant -mayor declared the motion passed and the city attorney read the 313.6 ordinance for the third and final time. Dr. J. B. Hays explained that he had originally requested deeper C-2 zoning, 313.7 as the current zoning splits the back building in half. Hays said it would take about 34 feet more C-2 zoning to include the entire back building. Director Colwell said he would rather see the entire building zoned commercial and the property behind the building zoned R-0, which Hays has indicated he plans to use for parking. Director Colwell moved the front 240 feet be rezoned commercial, the intent being313.8 that the entire back building would be zoned commercial and the 60 feet to the east be zoned R-0. Director Osborne seconded the motion. During discussion, the city attorney noted that the planning administrator may have the authority to move a zoning boundary line up to 50 feet, if she interprets this provision in the zoning ordinance to. apply to rezonings as well as property originally zoned in 1970 when the zoning ordinance was adopted. He said he would check with her, and if she does not feel she has the authority to move this Zoning line 50 feet, he would put the item back on -the next board agenda for further discussion. Dr. Hays said he felt he could use half of the building as R-0 and half as C-2 without any problems. The assistant -mayor then called for a vote on the ordinance as read to rezone 313.9 the east 100 feet to R-0. The recorded vote was: Ayes: Colwell, Lancaster, Sharp, Osborne, Noland. Nays: None. III Absent: Todd and Henry. The assistant -mayor declared the ordinance passed. ORDINANCE NO. 2611 APPEARS ON PAGE 313 OF ORDINANCE AND RESOLUTION BOOK tom. SX 3-,6-80 314 STREET NAME CHANGES: Robin Drive/Johnson Road/ and Shawn Drive 314.1 The Board next discussed a recommendation from the Northwest Arkansas Regional Planning Commission regarding three instances where street names are conflicting, and which the NWARPC had recommended the Board consider changing as follows: 1) Robin Drive, located in Bird Haven Terrace. This name conflicts with Robin Street and Robin Court, located in Brookside East Subdivision. There are only two houses under construction on Robin Drive and Robin Street and Robin Court are virtually built-up. 2) Johnson Road, north of Township Road. The portion of this road south of Township is Gregg and the recommendation is that the portion north of Township be renamed Gregg Ave. . north to the city limits. 3) Shawn Drive, the principal entrance to Lake Fayetteville Park, be changed to Lake Fayetteville Road. 314.2 The Board noted that Ernest R. Coleman is developing the only two houses on Robin Drive and requested that ERC suggest an alternate bird name for this street, one which will not conflict with other street names in the City. 314.3 Following short discussion, Director Osborne, seconded by Colwell, moved a resolution be approved renaming Johnson Road north of Township to the northern city limits to Gregg Ave. and renaming Shawn Drive to Lake Fayetteville Road. The recorded vote was: Ayes: Colwell, Lancaster, Sharp, Osborne, Noland. Nays: None. Absent: Henry and Todd. The assistant -mayor declared the resolution passed. RESOLUTION NO. 24-80 APPEARS ON PAGE 3 53 OF ORDINANCE AND RESOLUTION BOOK VI11 ACT 9 BONDS / Memo of Intent / BALDWIN PIANO CO. 314.4 A resolution had been proposed authorizing the mayor and city clerk to execute a memorandum of intent between the City and Baldwin Piano and Organ Co., regarding the issuance of approximately $1,200,000 in Act 9 industrial development revenue bonds. The city attorney commented that the agreement does contain a provision for a payment in lieu of taxes should the facility be leased rather than owned. 314.5 Director Osborne, seconded by Lancaster, moved the resolution be authorized. The recorded vote was: Ayes: Colwell, Lancaster, Sharp, Osborne, Noland. Nays: None. Absent: Henry and Todd. The mayor declared the resolution passed. RESOLUTION NO. 25-80 APPEARS ON PAGE 001 OF ORDINANCE AND RESOLUTION BOOK )i( CD - STREET STANDARDS WAIVER REQUEST 314.6 A request had been submitted by the CD Director for a waiver of the street construction standards for several Community Development funded projects. The request was that Porter Road (Deane to Lawson) be reduced to 24 feet driving surface without curb, gutter, or sidewalk; Storer Avenue (Cleveland to North) be reduced to 24 feet without sidewalks; and Helen Street (Jerry to Ray), Jerry Avenue (Huntsville to Helen) and Ray Avenue (Helen to Lee) be reduced to 27 feet without curb, gutter or sidewalk. 314.7 Director Sharp was concerned that no sidewalks have been built in conjunction with new developments on Porter Road, such as the Calvary Baptist Church. He said it is a "bad example" not to build sidewalks. Wayne Jones, McClelland Consulting Engineers commented that there is a contract for improvements in conjunction with the 1 3-18-80 315 building of Calvary Baptist Church, however he did not know if the improvements 315.1 included sidewalks. He noted that the reason sidewalks are not being installed with these Community Development street projects is that they are trying to keep the costs within the budgeted amount. He explained that on Porter Road, there is only 40 feet right-of-way and utilities are located in the right -of -way --there would be a great deal of additional cost incurred if sidewalks were required on Porter Road as drainage would have to be constructed, utilities would have to be relocated and easements secured to relocate the utilities. Wayne Jones estimated the cost of sidewalks on Storer, which could be built 315.2 within the existing right-of-way at $9300; Porter Road approximately $18,000 which does not include relocation or right-of-way acquisition costs. Jones commented that there would be a curb on Storer and it would not be difficult to Q) include sidewalks as well. Responding to the directors, Jones said he did not 0 know how much more it would cost to have a grass strip between the curb and a CO sidewalk but suggested alternate bids could be taken for both locations. He Q assured the Board that there would not be much additional engineering required to request these alternate bids. Q Jones noted that on Helen, Jerry and Ray Streets, 90-95% of the residential 315.2 Q driveways are paved. The Street Superintendent had recommended that CD should pave only to the edge of the street with the property owners being responsible for paving from the end of their driveway to the edge of the street. The Board also discussed requesting an alternate bid for curb along the west side of Ray Avenue to protect the street from traffic coming from East Gate Shopping Center, as the two surfaces will not be separated, but decided not to request bids on this. Sharp suggested that more money should be spent on Ray Avenue and Jerry Avenue rather than on Helen, since they are the most heavily travelled streets. Assistant -mayor Noland commented that there will probably be some additional 315.3 development on the east and west sides of Porter Road and sidewalks could be required in conjunction with those developments. Director Colwell said he did not feel there would be very much pedestrian traffic on Porter Road, and due to the utilities and right-of-way problems, he felt sidewalks should not be included. Director Colwell then moved waivers of street standards be allowed as follows: 1) Porter Road (Deane to Lawson) 24 feet without curb and gutter or sidewalks; 2) Storer Avenue (Cleveland to North) 24 feet driving surface with curb and gutter, and alternate. bids being taken for sidewalks next to the curb and for sidewalks with a grass strip between the curb and sidewalk; 3) Helen Street (Jerry to Ray); Jerry Avenue (Huntsville to Helen); and Ray Avenue (Helen to Lee) 24 feet paved surface, without curb, gutter or sidewalks. The savings between the requested 27 feet paved surface and the 24 feet surface to be applied for sidewalks on Storer. Director Osborne agreed with Sharp that there should be sidewalks built on 315.4 Porter Road. Noland commented that he does not feel the City should be required to buy right-of-way from property owners and then build sidewalks for them to use. Director Osborne said he would like to see alternate bids taken that would include sidewalks on all streets, and if there is additional money left over, the Board could then decide what else could be built. Director Colwell amended his motion to include that alternate bids be 315.5 taken for sidewalks for all three of -these projects and if there is any money Ie -ft over, the Board could discuss how it should be spent. In response to the directors, Jones said he did not feel there would be a 315.6 great deal more preliminary engineering work necessary to take these alternate bids. 3-18-80 316 316.1 The assistant -mayor called for a vote on the motion. The recorded vote was: Ayes: Colwell, Lancaster, Sharp, Osborne, Noland. Nays: None. Absent: Henry and Todd. The mayor declared the motion passed. EASEMENT REDUCTION: Regency North, Phase I 316.2 The city attorney read an ordinance reducing the size of a utility easement located on the north side of Lot 7, Block 11, Regency North Subdivision. Director Osborne, seconded by Sharp, moved the rules be suspended and the ordinance be placed on second reading. The recorded vote was: Ayes: Colwell, Lancaster, Sharp, Osborne, Noland. Nays: None. Absent: Henry and Todd. The assistant -mayor declared the motion passed and the city attorney read the ordinance for the second time. 316.3 Director Osborne, seconded by Sharp, moved the rules be further suspended and the ordinance be placed on third and final reading. The recorded vote on this motion was: Ayes: Colwell, Lancaster, Sharp, Osborne, Noland. Nays: None. Absent: Henry and Todd. The assistant mayor delcared the motion passed and the city attorney read the ordinance for the third and final time. 316.4 Director Colwell stated that it is "upsetting" to him that a person can put anything on a building permit application and when the structure is completed, he can come back in and say that he made a mistake in locating the structure on the lot. 316.5 The assistant -mayor then called for a vote on the ordinance. The recorded vote was: Ayes: Colwell, Lancaster, Sharp, Osborne, Noland. Nays: None. Absent: Henry and Todd. The assistant -mayor declared the ordinance passed. ZX ORDINANCE NO. 2612 APPEARS ON PAGE 314-6OF ORDINANCE AND RESOLUTION BOOK #444. PARKING LOTS LEASE 316.5 A resolution had been proposed authorizing the mayor and city clerk to execute a lease agreement with Offstreet Parking Development District #1, for the leasing of off-street parking lots. This lease would enable the City to enforce the parking rates as proposed. 316.7 Director Osborne, seconded by Lancaster, moved the resolution be approved. The recorded vote was: Ayes: Colwell, Lancaster, Sharp, Osborne, Noland. Nays: None. Absent: Henry and Todd. The assistant -mayor declared the resolution approved. RESOLUTION N0. 26-80 APPEARS ON PAGE pp$ OF ORDINANCE AND RESOLUTION BOOK \x PARKING RATES AMENDED - OFF-STREET LOTS 316.8 The city attorney read an ordinance amending the rates for off-street parking lots which would provide that Lots 12, 13, and the Continuing Education Center lot (until the CEC opens) rates would be 10¢ per hour/25¢ for 5 hours; 50¢ all day for gated areas; and Lot 1 and Lot 6 rates be set at 10¢ per hour for metered 3-18-80 317 spaces and 50¢ all day for gated areas; Lots 2 and 5 rates be set at 50¢ all day 317.1 and other metered lots at 5¢ per hour. The ordinance also contained a provision that parking fines would remain 50¢ if paid within 24 hours but would go to $2.00 thereafter. Director Osborne, seconded by Lancaster, moved the rules be suspended and 317.2 the ordinance placed on second reading. The recorded vote was: Ayes: Colwell, Lancaster,Sharp, Osborne, Noland. Nays: None. Absent: Henry and Todd. The assistant -mayor declared the motion passed and the city attorney read the ordinance for the second time. O Director Lancaster moved the rules be further suspended and the ordinance 317.3 be placed on third and final reading. The recorded roll call vote was: 00 Ayes: Colwell, Lancaster, Sharp, Osborne, Noland. Nays: None. Q Absent: Henry and Todd. Q Assistant -mayor Noland declared the motion passed and the city attorney read the ordinance for the third and final time. The Board noted that the ordinance pertains only to the off-street lots and 317.4 Assistant -mayor Noland instructed the city attorney to come back with an ordinance at the next meeting, which would increase parking fines for on -street spaces as well. Following a brief discussion, Director Osborne moved the ordinance be 317.5 amended to increase the parking fines from 50¢ to $1.00. The recorded vote ' was: Ayes: Colwell, Lancaster, Sharp, Osborne, Noland. Nays: None. Absent: Henry and Todd. The assistant -mayor declared the motion passed Noland then asked if the ordinance, as amended, should pass. The recorded 317.6 vote was: Ayes: Colwell, Lancaster, Sharp, Osborne, Noland. Nays: None. Absent: Henry and Todd. Assistant -mayor Noland declared the ordinance passed. sX ORDINANCE NO. 2613 APPEARS ON PAGE 311 OF ORDINANCE AND RESOLUTION BOOK #ill. MANAGEMENT AGENCY FOR WASTEWATER FACILITIES A resolution was proposed accepting Fayetteville's designation as the 317.7 Management Agency for publicly owned wastewater facilities for the Fayetteville service area. Carl Yates explained that a law has been passed which requires a designated 317.8 management agency and recommends that the municipality be designated as the management agency for publicly owned wastewater facilities. He said they have modified the management resolution somewhat to cover only the city's facilities. Noland asked if this would mean the City of Fayetteville would then be the management agency for some of the smaller area cities and Yates said he was not sure --the resolution is for Fayetteville and their designated area. 3-18-80 318 318.1 Carl Yates noted that there is nothing in the resolution which sets out what Fayetteville's designated service area is, however Greenland and Farmington would probably be included. The Board agreed to include a map as an attachment to the resolution which would define the designated service area. 318.2 Director Lancaster, seconded by Sharp, moved the resolution be approved. The recorded vote was: Ayes: Colwell, Lancaster, Sharp, Osborne, Noland. Nays: None. Absent: Henry and Todd. The assistant -mayor declared the resolution passed. RESOLUTION NO. 27-80 APPEARS ON PAGE 011 OF ORDINANCE AND RESOLUTION BOOK V. REGIONAL AIRPORT 318.3 A resolution was proposed authorizing the withdrawal of an application for development of a regional airport. A joint meeting between the Fayetteville City Board and the Springdale City Council recently had decided not to proceed with the regional airport plans. 318.4 Director Lancaster moved the resolution be approved. Director the motion, and the recorded roll call vote was: Ayes: Colwell, Lancaster, Sharp, Osborne, Noland. Nays: None. Absent: Henry and Todd. The assistant -mayor declared the resolution passed. Sharp seconded RESOLUTION NO. 28-80 APPEARS ON PAGE 01l.o OF ORDINANCE AND RESOLUTION BOOK IX BID AWARD: SANITATION DEPARTMENT VEHICLES 318.5 Purchasing Officer Sturman Mackey recommended award of bid for two 24,000 GVW trucks to Whit Chevrolet for $19,039.23 and one 1/2 ton pickup for $5,900.20 to Whit Chevrolet, and two 20 cubic yard packer units to Choctaw for $11,002.46. He commented that Whit Chevrolet was the only bidder meeting specifications and said money for these items was included in the Sanitation Depreciation fund. 318.6 Director Osborne, seconded by Sharp, moved the bids be awarded as recommended. The recorded vote was: Ayes: Colwell, Lancaster, Sharp, Osborne, Noland. Nays: None. Absent: Henry and Todd. The assistant -mayor declared the motion passed. BID AWARD: PARKING CONTROL DEVICES 318.7 Purchasing Officer Mackey recommended award of bid #416 for parking control devices to Arkansas Oklahoma Systems. He explained that the City's portion of the bid would be $9,938.O01approximately,for putting gates at Lots #2 and #5. The remainder of the bid is for the parking development district for their lots, should they decide to go with the bid. In response to Mr. Mackey, the city attorney explained that the City would recoup all of their expenses before turning any net revenues over to the parking authority. 318.8 Director Lancaster moved the bid be awarded as recommended. Director Colwell seconded the motion. The recorded vote was: Ayes: Colwell, Lancaster, Sharp, Osborne, Noland. Nays: None. Absent: Henry and Todd. Assistant -mayor Neknddeclared the motion passed. 3-18-80 319 PARKING METER MODIFICATIONS Purchasing Officer Mackey recommended an ordinance be passed waiving competitive bidding requirements for the purchase of parts needed to modify parking meters. 319.1 He explained that the meters are Duncan meters and only that company can furnish parts to modify the meters. The city attorney read for the first time an ordinance waiving competitive 319.2 bidding requirements and allowing purchase of the equipment. Director Osborne, seconded by Sharp, moved the rules be suspended and the 319.3 ordinance be placed on second reading. The recorded vote was: Ayes: Colwell, Lancaster, Sharp, Osborne, Noland. Nays: None. Q) Absent: Henry and Todd. 0 :ne assistant -mayor declared the motion passed and the city attorney read the CO ordinance for the second time. 0Director Osborne, seconded by Sharp, moved the rules be further suspended 319.4 and the ordinance be placed on third and final reading. The recorded vote was: Q Ayes: Colwell, Lancaster, Sharp, Osborne, Noland. Q Nays: None. Absetn: Henry and Todd. Assistant -mayor Noland declared the motion passed and the city attorney read the ordinance for the third and final time. There being no discussion, the assistant -mayor asked if the ordinance should 319.5 pass. The recorded vote was: Ayes: Colwell, Lancaster, Sharp, Osborne, Noland. ' Nays: None. Absent: Henry and Todd. The ordinance was declared passed. zx ORDINANCE NO. 2614 APPEARS ON PAGE 318 OF ORDINANCE AND RESOLUTION BOOK VIII. OTHER BUSINESS FRONTIER LEASE AGREEMENT Administrative Assistant McWethy reported that the City had received a 319.6 signed lease with Frontier for the new terminal building facilities. He asked for authorization for the mayor and city clerk to execute the lease. Director Osborne moved the authorization be granted. Director Colwell seconded the motion and the recorded vote was: Ayes: Colwell, Lancaster, Sharp, Osborne, Noland. - Nays: None. Absent: Henry and Todd. The motion was declared passed. RESOLUTION NO. 29-80 APPEARS ON PAGE c>i'1 OF ORDINANCE AND RESOLUTION BOOK lX WOOLWORTH'' BUILDING / SENIOR CENTER Administrative Assistant McWethy stated that a price could not be negotiated 319.7 for the Woolworth Building and said the Senior Center committee would be meeting to discuss alternative locations. He asked the Board for authorization to proceed with negotiations on alternate sites and when they have a firm recommen- dation, they would bring this back before the Board. Director Osborne, seconded by Colwell, moved the staff be authorized to 319.8 proceed with negotiations on alternate sites for the senior center. The recorded vote was: 3-18-80 320 320.1 Ayes: Colwell, Lancaster, Sharp, Osborne, Noland. Nays: None. Absent: Henry and Todd. The assistant -mayor declared the motion passed. 1 FAIR HOUSING AMENDMENTS 320.2 City Attorney McCord said Al Hughes, of the Fayetteville Board of Realtors had asked him to speak to the Board about opposing the enactment of certain provisions of the Fair Housing Amendments Act of 1979. He distributed copies of a letter from Mr. William D. North, General Counsel of the National Association of Realtors asking for this opposition. 320.3 Following discussion, Director Lancaster moved the city attorney be directed to oppose the proposed legislation, and forward this opposition to the legislators. Director Osborne seconded the motion. The recorded vote was: Ayes: Colwell, Lancaster, Osborne, Noland. Nays: Sharp. Absent: Henry and Todd. The assistant -mayor declared the motion passed. **** See below CITY POLICE OFFICERS LAWSUIT 320.4 The city attorney stated that a lawsuit has been filed against two Fayetteville policemen and the police chief alleging deprivation of civil rights due to an incident last October. He commented that on the surface, it appears there is no question that the conduct of the police officers was entirely within the scope of their employment. He stated that in the past, the Board has authorized the employment of private counsel to defend officers named in this type of lawsuit. McCord stated that the police chief has indicated he would like to retain Bill Putman to represent the officers and commented that Putman has represented other officers in similar cases in the past, and has agreed to take the case if the Board will authorize payment of his fee. He said the fee would be $50 per hour now and $500 per day for trial. 320.5 The Board discussed the possibility of the city attorney handling the case, but after considerable discussion, Director Lancaster, seconded by Noland, moved that Bill Putman be authorized to represent the officers in the case. The re- corded vote was: Ayes: Lancaster, Sharp, Osborne, Noland. Nays: Colwell. Absent: Henry and Todd. Assistant -mayor Noland declared the motion passed. RESOLUTION NO. 30-80 APPEARS ON PAGE 0,59.. OF ORDINANCE AND RESOLUTION BOOK LX. MINUTES 320.6 There being no amendments or corrections necessary, the minutes of the March 4 regular meeting and March 6 special meeting were approved as submitted. ADJOURNMENT 320.7 There being no further discussion necessary, the assistant -mayor declared the meeting adjourned at 9:55 P.M. POLICE & FIRE PENSION FUND STATEMENTS *** The assistant -mayor acknowledged receipt of the Police and Fire Pension fund statements included in the director's agendas. • 1 NM-