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HomeMy WebLinkAbout1981-06-02 Minutes1 187 MINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Fayetteville Citu Board Of Directors was held or. Tuesday, June 2, 1981, at 7:30 p.m. in the Board of Directors Room, City Administration Building. Fayetteville, Arkansas. PRESENT: Director, Bumpass, Henry, Lancaster, Osborne, and Todd. ABSENT: Directors Sharp and Noland O EMPLOYEE OF THE MONTH AWARDS Q) CO Mauur iodd recognized each of the following employees as Q Employees of the Month for May. Each was presented with a certificate oi= recognition and a check for $100, and the Q following comments were made. 1 J=rry Friieend. Mr. Friend is a patrolman for the Police Department. Manor Todd stated that Officer Friend is active in civic organizatins and nas spent several off—duty hours working w ith various groups Just recently Officer Friend has been instrumental in apprehending two suspects while off duty. Officer 'Friend was recently honored by the .Jaycees and received the Outstanding Young Law Enforcement Orficer Award. D ale Henson. Mr. Henson is a light equipment operator at Drake Field. Dale's supervisor stated that he faces additional ✓ esponsibilities with a positive attitude and is always willing to work additional hours if necessary. Dale's supervisor described Dale as honest, dependable, and responsible. Jack Scropgins. Mr. Scroggins is a construction and maintenance foreman f&r the Public Works Department. He is the primary foreman in charge of the asphalt crew. He makes a multitude of computations each day to insure proper amounts and proportions of materials. Mr. Scroggins' supervisor stated that he is veru conscious of costs of materials, vehicles, and e ouipment and r_ontancly supervises his crews to produce the best Job possiole for a minimum cost. B ob Wayne: Mr. Wayne is a light equipment operator with the Water and Sewer Department. Mr. Wayne has recently assumed the responsibility for a dozer: backhoe, tractor/crawler, and a forklift. Mr. Waune has initiated a program of corrective maintenance and pre'.entive maintenance that should result in a considerable savings to the Citu. P earl Ynas Ms. Yoes i=_ a Clerk V in the Business Office. Pearl has worked for the Citu_ for 33 nears. She started as a billing clerk --cashier in the Water Department. Comments made by Pearl's past supervisors follow. "Pearl is a very conscientious and lcuai employee Sne does her work well and without e lot of 188 supervision.'' Another stated, "If all employees were as dedicated as Pearl, we would have few problems." Another stated, "Pearl's principle strenc points are her job knowledge and quality of w ork. She is determined tc perform all functions of her job to the best of her ability." CONOEMNATION PEGUEST Mayor Todd introduced a request the City Hospital for the City proceeding_ regarding the acquisition properte for hospital purposes. Me. Hospital, n eeded fnr Department condemned Mr. Smith be t o o f the Board of Control of initiate condemnation Central Christian Church Lex Smith, Assistant Administrator of the City addressed the Board. He explained that more space is the City Hospital expansion. At the present time the of Health and Humanity Services is located in a part of the hospital and will have to be relocated. stated that the hospital board has been discussing the purchase of the property fnr several years, but have been unable to make any f=avorable progress in this direction. Mayor Toad asked Mr. Smith if a dollar amount had been o ffered, and Mr. Smith advised him that a fixed amount had not been formally offered. the that and Mayor Todd asked Mr. Smith about the possibility of using vacant let tc the east of the church. Mr. Smith replied this lot i> used to meet the hospital narking requirements, that it is too small to consider building upon. Mr. Ed Mr. Smith was made. However, in the past appraised at appraisal was Connell, a member of the hospital board, stated that torrsct in stating that no formal offer had been he stated that dollar amounts had been discussed In 1976 an appraisal was made and the property $70,50':. In February of this year, another made and the appraised value was $05,000. Mr Everett Creech, a deacon of the Central Christian Church addressed the Loard. He stated th•_t at one time the church was und'=r the i.moressl.on that the wings of the hospital would ext'enU ever onto this property, and that the church had decided to soli the er operty Hn'.ilever, he stated it had since beer 1eorned that the hospital would not be extended in this way, and that the church w-):ulj be used far the "Attic," a resale shop Therefore, the church Crouch stated that a o perated Du the Hospital Auxiliary. d ecided net to sell r.C.i'.17 property;. vote of taxi members of tee church had been taken on this matter. Mayor w orship as smallest cr Todd askec the ciurch WO is 23 and Mr. Crouch building the largest now many members attended Mr. Crouch replied that the is 55. stated tont there Is other vacant property in ne area that could t'e p'irchased instead of forcing the members 1 1 if SE .v.%, W04'. to give up their church property. Hr. Smith stated that part of the property mentioned by Mr. Crouch is not suitable because it is grown up and the terrain is n ot good. After some discussion, Mr. Crouch stated the church might consider selling property to the west of their church building. After further discussion, Director Lancaster moved that the item be tabled until the first meeting in July and that the City Hospital Board and elders of the church get together and explore 0 the possibility of purchasing the land from the church building CD to West Street. CO Upon roll call the motion passed unanimously. FEE WAIVER/TAXICAB SERVICE Q 1 Manor Todd introduced a request from Mr. Cole that certain taxicab operator fees and licenses be waived. Recently the Public Transit Board approved the application of Everett Cole for a Certificate of Public Convenience and Necessity to operate a taxicab service in the Citu. Mr. Cole addressed the Board and stated that he was not ✓ equesting that the fees be waived, but that his drivers in Springdale could work in Fayetteville if necessary without being approved through the Fayetteville Police Department. He e xplained that they would be approved through the Springdale Police Department and it would be an inconvenience to have to ✓ eceive permits for all his part—time help. Mr. Cole advised the Board that Springdale had agreed to honor Fayetteville's permits. and that they also had waived the fees to obtain the permits. Assistant City Manager David McWethy addressed the Board. He suggested that all Mr. Cole's_ drivers be licensed through the Fayetteville Police Department. He stated that he did not feel the ordinance requiring tnese fees and permits was unreasonable. Also, he stated that he felt those driving cabs in Fayetteville should be familiar with the City and be required to pass an e xamination showinc they do know the City, along with the rate structure of the City hr. McWethy suggested having all drivers licensed through the Fayetteville Citu Police Department since Springdale had agreed to honor those permits. After a brief discussion, Director Bumpass told Mr. Colo that he appreciated his efforts to get the taxicab company e stablished, bnt that this was a procedure which he "felt was n eeded by the City. Therefore, Director Bumpass, seconded by Osborne, moved that the request for waiver of fees and procedures be denied. Upon rc:11 call the motion passed unanimously. 189 190 Mayor Todd stated that the Fayetteville Police Department w ould cooperate with the Springdale Police Department in any way possible so that there would not be a lot of duplication. DEVELOPMENT APPEAL/SOUTH OF WILLOUGHBY ROAD Mayor Todd introduced an appeal of a decision by the Planning Commission regarding a large scale development proposed far property south of Willoughby Road and east of Highway 71 South by Dr. John Andre. Director Osborne stated that he was going to abstain from the discussion and voting on this item due to an attorney—client ✓ elatienyhip. Mr. Andre addressed the Board and stated that the Planning Commission had denied him the right to use a 25' private driveway o nto Highway 71 South to serve as access to a 3.4 acre parcel located east of the highway and south of Willoughby Road. The ✓ eason for denial was a perceived traffic hazard that would be created or increased if the drive onto Highway 71 was used for heavy commercial or industrial traffic. Mr. Andre stated that he did not fr-el this would be as hazardous as having to turn onto Willoughby Road for entrance. He told the Board that he already has received a state permit for the private drive. After some discussion. City Attorney McCord asked Mr. Andre if he would be willing to offer e bill of assurance to limit future access from abutting property along the 25' drive. Mr. Andre answered that he could not do that because he had agreed to allow access to the property owners from whom he purchased the property. Ha stated that he does not feel that much access will be used by these persons because when Willoughby Road is improved they will have excellent frontage on Willoughby. Director Henry stated that she was opposed to this access ✓ oad because there was sufficient access on to Willoughby Road from the property in question. Mr. Andre asked if the Board would consider the access off Highway 71 if it were made an entrance only drive. Discussion was then held on enforcement of an entrance only d rive After further discussion, City Attorney McCord asked Mr. Andre if he would be willing to offer a bill of assurance to state that after Willoughby Road is improved then this access w ill h^ closed. Mr. Andre stated that it would seem a shame to spend the money involved in building this access and then close it. He stated tn.at comprcrrise might be reached by making the entrance a ane way access. 1 1 1 193 D irector Lancaster, seconded by !Henry, moved that the ✓ equest for a direct a.ccess from Highway 71 S.by means of this 25' private drive be denied. D irector Bumpass moved that the item be tabled so that some additional negotiations could be conducted concerning this item. He stated that only tour Board members were present to vote. The motion died for lack of a second. Mayor Todd then called for a vote on the motion to deny the ✓ equest. The motion passed by a vote of 3-1, with Director Osborne abstaining from both discussion and voting, and Director O Bu.m.pass voting in the negative. CO Director Lancaster explained that his motion to deny was CO made because there was access to a state highway which could be used. Also, he stated he was concerned about other properties Q using this access. c 1 POLLUTION CONTROL BONDS/CAMPBELL SOUP COMPANY Mayor Tedd introduced a resolution authorizing execution of a Memorandum of Intent regarding the issuance of $750,000 2n Act 247 Pollution Control Revenue Bonds for the Campbell Soup Company. City Attorney McCord explained that the procedure for these Act 247 bonds is very similar to the Act 9 bonds. He explained that the City bears no liability and the industry bears all costs o f issuing the bonds. A representative of Campbell Soup addressed the Board. Ha stated that the City of Fayetteville as asxed Campbell Soup to comply with a local ordinance to limit the amount of grease going o ut their waste water treatment program. He explained that Campbell Soup is in the process of installing new pretreatment wastewater facility. The facilitu is an air floatation system, and these Act 247 revenue bonds would be used to help finance the system. D irector Osborne, s_econoed by Henry, moved that the memorandum of intent be approved. Upon roll call the motion passed unanimously. RESOLUTION NO. 55-81 APPEARS ON PAGE OF ORDINANCE & RESOLUTION BOOR REZONINC SOUTH SIDE OF HIGHWAY 16 WEST AT BETTY JO DRIVE Mayor Todd introduced a request for the rezoning of 1.14 acres located on the south side of Highway 16 west at Betty Jo Drive from R -O to C --i by petitioners Bryce J. and Betty Jo Davis. The C -i zoning had been recommended by the Planning Commission. 194 City Attorney McCord read the ordinance. D irector Osborne, seconded by Bumpass, moved that the rules be suspended and the ordinance be placed on second reading. Upon ✓ oll call the motion passed unanimously, and the City Attorney ✓ ead the ordinance for the second time. D irector Henry, seconded by Bumpass, moved that the rules be further suspended and the ordinance be placed on third and final ✓ eading. Upon roll call the motion passed unanimously and the City Attorney read the ordinance for the third and final time. Mr. Davis addressed the Board and stated that the Federal Land Bank had taken an option or the three lots west of Betty ,io Drive and that he would like that portion of the request tabled u ntil a future date. D irector Osborne, seconded by Henry, moved that the request for rezoning lots 1, 2, and 3 in block 1 of Maple Terrace be tabled until the first meeting in September, 1981. Director Osborne stated that the reason for this portion of the ordinance being tabled was because of the option held on the lots by the Federal Land Bank. He also requested that Frank McDonald's attorneu, Scotty Maglothin,Jr., be notified at the time this w ould be considered y,. the Board. Upon roll call the motion to table the lots west of Betty Jo Drive passed unanimously. D irector Henry, seconded by Oeoorr,e, moved to delete the three lots mentioned above from the ordinance. Upon roll call the motion passed unanimously. Mr. b_giothin asked the Board if C-2 would be required in order to build a package store or liquor store in this area.. Mayor Todd answered that according to the zoning regulations, C-2 would be required for this tope of building. Mr. Maglothin stated that his client had no oppossition to the C-1 zoning. Mayor Todd asked if the ordinance as amended should pats. Upon roll call the ordinance passed unanimously. ORDINANCE. +1C ecpE4RS ON PA;E 35 OF ORDINANCE & RESOLUTION FE ONINO EAST HWe 11= NCPTH Mauor Tadd introcuced a request to rezone .2 acres located on the east side of Highway 112 North, north of Highway 71 and south of County Read 898. Tne petitioners are waLne Dyer, Arthur Skelton, Jimmy Terre. F.H. Martin, and J. E Haus. The change requested was '-rc7:—i Agricultural" to .-_ "Thoreuohfare Commercial,' Tne Planning Commission recommended approval of this rezoning. Mauor jodr explained that this was a section of 1 UY P 19-s— v9ca de_ke e 199 property that was recently annexed to the City as "Agricultural ". City Attorney McCord read the ordinance. D irector Henry, seconded by Todd, moved that the rules be suspended and the ordinance be placed on second reading. Upon ✓ oll call the motion passed unanimously, and the City Attorney ✓ ead the ordinancce for the second time. D irector Henri, seconded by Todd, moved that the rules be suspended and the ordinance be placed on third and final reading. 0 Director Bumpass stated he had some reservations about CO rezoning this large of a parcel where several different property CO owners were involved. QMayor Todd called for a vote on the motion made by Director Henry to move to third reading. The motion failed by a vote of Q 4-1. with Director Bumpass voting "no" so that he would have more time to study the ordinance. The ordinance remained on second reading, because five votes was required to move to the third reading. and only four were received. D irector Bumpass explained That he was not necessarily against this rezoning ordinance. but that he would need more time to study the proposal. STREET C_OSIWO OF DELAWARE AVENUE Mayor Todd stated that this item had been considered by the Planning Commission along with a large scale devlopment plan. The large scale development plan had been approved and the street closing was recommended for approval contingent upon the petitioners granting the City and the school system access rights along tee eastern edge of tee property_ However, Mayor Tedd stated that an appeal of the approval of the large scale development by the Planing Commission had been filed with the City Clerk_ Also. he stated he had received a letter from Mr. Carnahan requesting that the street closing be tabled indefinitely. Directsr °shorne, seconder? be Lancaster. moved that the item be tabled. Upon roll call the motion passed unanimously_ Mayor !odd called for discussion an the appeal of the large scale development which had been filed_ 1Direct;ee 1'emr les _ecanded to ilomipass, moved that since it had been determined that the required notice had not been given threneem nen fault of the developees, that the Planning Cemmess±on held a rehearing en the large sceie ceevelopm,ent so teat all mi rsamt counlw be hearth anc that the Planning Cortnnissnen eecensider the silo. eat; closing along mith the large scale 200 d evelopment. Upon roll call the motion passed unanimously. B ID AWARD FOR SENIOR CENTER AND ASLELL PARK Manor Todd stated that Fick Mason, Director of Community Development, had recommended the award of the bid for the Senior Center parking lot and Asbell 'School parking lot/basketball court be awarded to McClinton -Anchor in the amount of %32,913.90 which was the low bid receivec. Director Osborne, seconded by Todd, moved that the hid be awarded as recommended. Upon roll caIl the motion passed u nanimously OTHER BUSINESS LEWIS BROTHERS PLANTER Mr. Grimes Stated that the street was dug up in front of Lewis brothers Buiidine and one of the problems had been solved. However, he exoiained. `hat the tree wall= might Still be leaking. Mr. Damid McWethy, Assistant City Manager, explained to the Board that nothing Further _ould h? dole in the sway of e xploratory action without taking out the trees, taking out the ✓ ose bue'nes, or both He stated that he thinks Mr. Grimes is correct in assuming that at least one of the problems is in the tree wells. However, there is rt' way of being certain unless the trees are taken out He stated that he felt most of the problem had been solved in the work previously done, but that some water still enters the basement of the building. Mr. Grimes asked the Board if they wanted the City to continue working on this. He stated ha hated to remove the trees and not replace them. After further discussion, it was agreed that the City star{' ehouid continue with their work, remove the trees so the tree wells- can be examined, and check with a nurseryman about replacing the existing trees with trees containing smaller root systems that could be placed in a box or some tape of liner. D17ecta- uurpass withdrew from all discussion of this item becaue._ of an _t torn= client eiasiorsh 1p. 'ARr:.Ir.0 Direct.^ .- bc-ne ,mated that Finance Comm: tee had met and made tile +Gi io•:.•ing r._ccrnrnendations t0 the /Dara: First, trat thr -:-.y adve'ti5L or bit's +cr the three level parkins Ce�7:, '.!1th dediu rtivo - - altFrr:ativea ar gettine the deck 1 1 1 1 p aQ'1 +aoa. dei 203 back to only two levels iaf the third does not work out•. Second, that the City authorize a contract amendment with Hailey—Powers—Froning, Architects co extend the design to include the third level. Third, that the bond documents include a covenant that in the event of parking revenues not being sufficient to meet debt service and operating maintenance costs, that the City will pay the operating ;maintenance costs from the other city funds. Director Osborne, seconded bi; Bumpass, moved that these ✓ ecommendations be approved. O CO Upon roil call the motion passed unanimously. CO RESOLUTION h.0. APPEARS Ctd PAGE -3 1=LF ORDINANCE & RESOLUTION BOOK —X1-6104.1.1haC �^ lid') RES 514 I (cutup c1✓tQM1; (x —WY& ) Pct 31'l 100t5+60 Q RIGHT OF WAY DEDICATION/JIM RAY McCord stated that mr. Whitfield had agreed to dedicate the n ecessary easement in conjunction with the expansion of the building at Jim Ray Chevrolet Used Car Lot which was discussed at the previous meetino. POLLUTION CONTROL tiONDSiR & PELECTROPLATING City Attorney McCord stated that the City would be receiving a request from rE Electroplating for pollution control bonds. Mr. McCord explained that these bonds would be guaranteed by the SBA, and required that the issuer must submit a request for G uarantee committee from the SBA. Mr. McCord stated that McDonald Company, the investment bankers, had requested that the Board authorize the Mayor to submit the request for guarantee committee from the SBA, with the understanding that there will bP a resolution following. Director Henry, seconded by Osborne, moved that the Mayor be authorized to submit the request. Upon roll call tre motion passed unanimously. s8-81 RESOLULTION SO_ vi '7I. APPEARS ON PAGE'S330F ORDINANCE ?a RESOLUTION BOOn DONREY CASE Mr. MCCOTC explained that he had been contacted by Mike Mashburn, attorney for Donrey. McCord explained that the hearing an the City's contempt motion has been set for June 12, 19E1. He stated that he wa= conridenc that the court will not grant the City's motion +or a contempt citation, or in the alternative that 204 t he exist t he statu signs or n ew mater to Dcnre temporary ✓ ecommend pursue a in; temocrar s 4 ,c by res enlarging es ials. that trey re.strairlr, ing that the hearing on restraining order be modified to preserve :raining C_nreg from constructing additional :sting oicns, or from doing maintenance with mashourn indicated that he would recommend agree to the of the existing order City agree ne contempt modification McCord to the motion. stated that he modification also and was not Dirr.ctcr Near, seconded by Osborne, moved that Mr. mcCora's recor7Tencst;on to aaree to this modification and pursue the hearing a' approvca Upon roll Todd voting Ai'. OU 2r.;h!ct:' ca11 cc_ motion passe in the mincr:ty. There being no iO: OU c. m urther disou by a 4-1 vote, with Mayor the meeting adjourned at