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HomeMy WebLinkAbout1981-07-21 MinutesMINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Fayetteville City Board of Directors was held on Tuesday, July 21, 1981, at 7:30 p.m. in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas, 72701. PRESENT: Directors Noland, Osborne, Sharp, Todd, Bumpass, Henry, Lancaster; City Manager Grimes, Assistant City Manager McWethy, City Attorney McCord, City Clerk Koettel, and members of the press. ABSENT: None 221 CALL TO ORDER After a moment of respectful silence Mayor Todd called the meeting to order. STREET CLOSING/DELAWARE AVENUE Q Mayor Todd introduced an ordinance closing and vacating Delaware Avenue 221.1 north of Stone Street. He explained that there is a proposed large scale development adjacent to this street. An appeal had been filed by residents of that neighborhood in regard to the closing of Delaware Avenue, and the large scale development. City Attorney McCord stated that the issue to be discussed is whether 221.2 Delaware Avenue is needed for public use. He stated that the approval of the large scale development is contingent upon the closing of Delaware 111 Avenue, as reflected in the minutes of the Planning Commission. Mayor Todd stated that this had been considered in a public hearing before 221.3 the Planning Commission on May 26 and unanimously recommended for approval con- tingent upon the petitioners granting the City and school system access rights along the eastern edge of the property. This was reconsidered by the Planning Commission and a public hearing held on July 13, 1981, where the Planning Commission voted 8-0 to reaffirm its previous decision. Mr. Gary Carnahan, representative of Northwest Financial Services, Inc. 221.4 addressed the Board. Mr. Carnahan explained that the street is approximately 15 to 18 feet wide and is a gravel drive. It was platted as a 40' wide right-of-way street several years ago, but has never been brought to City street standards and used only by the schoolfor traffic for school -related activities. Mr. Carnahan stated that the owners of the property had agreed to give a written ingress -egress agreement to the school and to the City's emergency vehicles. Mr. Carnahan reported that the Fayetteville Public System is the only other owner abutting this street. Mr. Carnahan explained that the property is already zoned properly for 221.5 the proposed development, that 38% greenspace will be retained, and that the development will not exceed the R-2 density. The traffic from Delaware Street will be moved about 50' south and off-street parking will be provided. Mr. Carnahan stated that a 22 foot utility easement is being granted. Director Lancaster stated that if a street is not built to City standards, 221.6 and a development goes in, then the property owner is required to upgrade that street to City standards. Also, Mr. Lancaster stated that Delaware Avenue deadends at school property. He said that the property is now a practice football field, but might eventually be something else such as tennis courts or other things. Director Noland asked the City Attorney where the title for this property 221.7 would lie if the street is closed as requested. 221.8 McCord answered that it would go back to the abutting property owners. July 21, 1981 222 222.1 222.2 222.3 222.4 222.5 Director Noland stated that he had trouble separating the two items of the street closing and the development proposed. He stated the two impacts he was concerned about were that of the impact on the people receiving drainage from the development, and that the City would have to cope with this drainage problem sometime in the future. Mr. Carnahan stated that the street area was not needed to meet density requirements, but was needed for setback requirements and that the property owners did not feel the development would warrant improvement of the gravel road. Director Lancaster stated that he could not see why a public street going into a park area should be closed just so a developer could develop property. Upon further discussion, Director Noland, seconded by Bumpass, moved that the item be tabled until the next meeting when both the street closing and the large scale development could both be considered. Upon roll call the motion to table passed by a vote of 4-3, with Directors Todd, Henry, and Lancaster voting in the minority. REZONING APPEAL/HAPPY HOLLOW ROAD 222.6 Mayor Todd introduced an appeal of a decision by the Planning Commission regarding rezoning petition R81-9, which was tabled from the July 7, 1981 meeting at the request of the attorney for the petitioner. The request was to rezone approximately 3.5 acres of property located West of Happy Hollow Road and North of Fifth Street from R-1, Low Density Residential District, to A-1, Agricultural District. The Planning Commission had recommended denial of the request. Mr. Pettus, representative of the petitioner, addressed the Board. He explained that the petitioner, Mrs. Osburn, and her husband had purchased the land about three years ago. Mrs. Osburn is legally blind, has two children still at home, and is divorced from her husband. She now resides in rental property outside of the City. Mr. Pettus explained to the Board that Mrs. Osburn cannot do anything with this piece of property because she cannot afford to build a permanent house. Mr. Pettus stated that the cheapest and simplest thing for her to do is to place a mobile home on the property. Mr. Pettus informed the Board that presently there is a structure on the property which is in very bad shape and unfit to live in. Mrs. Osburn would be willing to enter into any type of bill of assurances in order to be able to purchase a mobile home and locate it on her property. She is willing to agree that should she move, she would remove the mobile home, should she die then her estate would be responsible for removing the mobile home, and if the property should be sold, then the sale would be contingent upon the removal of the mobile home. 222.8 Director Sharp explained to Mr. Pettus that the Community Development Program has a program where old homes are totally renovated, and that perhaps the structure mentioned would qualify under this program. 222.9 Mr. Pettus stated that the structure is in very bad shape, but that he would be glad to check into this possibility. 222.10 Director Osborne, seconded by Sharp, moved that the item be tabled until the next meeting so that Mr. Pettus would have time to check with the Community Development Department on this. 222.11 Upon roll call the motion to table passed by a 4-2 vote, with Directors Todd and Henry voting in the minority. SIDEWALK WAIVER/4075 N. COLLEGE AVENUE Mayor Todd introduced a request for a waiver of the Master Sidewalk 222.12 Plan requirements for properties located at 4075 N. College Avenue. The property is being renovated for Perry's Jewelry and Gift Shop. 222.7 July 21, 1981 223 Mr. Jack Burge, President of Jack Burge Construction Company, addressed the Board. He stated that he had been informed that a sidewalk would be required at the development site when he obtained his building permit. Mr. Burge explained that he purposely waited for sixty days until making this request because he wanted to observe the area to see if there was any pedestrian traffic in the area. Mr. Burge stated that he could not see the need for sidewalks in this area since there is no pedestrian traffic. Mr. Burge stated that he has seen only one person walking in that area during these past sixty days. Director Sharp stated that he had been out by the site and had determined that sidewalks were probably not needed because there would be no pedestrian traffic. However, on his way back he saw three persons walking by the area. Director Sharp stated he would abstain on this item because he was close 0 friends with Mr. Burge. Q) Director Noland stated that because of the motel, shopping center, and CD other developments along that area, sidewalks would be needed in the future. Director Osborne agreed that the property would continue to develop and sidewalks would be needed in future years. Director Henry agreed that there was not an immediate need for sidewalks, Q but probably would be a future need. Mr. Burge stated that Mr. Perry would agree to install the sidewalks at a later time if the City determined there was a need. Director Osborne, seconded by Bumpass, moved that the sidewalk requirement be postponed at the present time, and a contract or bill of assurances be executed stating the sidewalk would be constructed upon the call of the City and at a site determined by the City. Upon roll call the motion passed by a 5-1-0 vote, with Director Lancaster voting in the minority, and Director Sharp abstaining. CONTRACT FOR SEWAGE TREATMENT Mayor Todd introduced a proposed contract with the City of Elkins whereby sewage from the City of Elkins would be accepted into the Fayetteville system for treatment at the Fayetteville Pollution Control Plant. The Water and Sewer Committee considered this contract and recommended that the following sentence be added after the first sentence of Section C. "Upon completion of an in -process sewer rate study by Black and Veatch for the City of Fayetteville, this rate should be revised in accordance with the rate determined by said rate study." Director Henry, seconded by Noland, moved that a resolution be passed authorizing the execution of the contract. Upon roll call the motion passed unanimously. RESOLUTION NO. 67-81 APPEARS ON PAGE 34 8 OF ORDINANCE & RESOLUTION BOOK x . SIGN APPEAL/2311 W 6th STREET Mayor Todd introduced an appeal from the literal provisions of the Sign Ordinance for a proposed new sign to be erected at 2311 W. 6th Street. The petitioner was Arkansas Waffles, Inc. and the variance requested was to allow a sign of 99 square feet in the area and 40 feet high. The ordinance requirement is 75 square feet maximum area and 30 feet maximum height. An alternate request was made for a 60 square foot sign 10 feet from the property line along the highway. A 40 foot setback would be required for this size sign. As a second alternate, an off-site sign of 99 square feet added to "The Inn" sign was requested. Mr. Lee Counsellour, representative of Arkansas Waffles, Inc., addressed the Board. He explained that Arkansas Waffles, Inc. was planning to open a 24-hour coffeeshop business which would appeal mainly to transient traffic from freeways and major state and federal highways. He stated that the 30 223.1 223.2 223.3 223.4 223.5 223.6 223.7 223.8 223.9 223.10 223.11 223.12 223.13 July 21, 1981 224 foot high and 75 square foot sign allowed within the Code will not provide adequate identification for the business and would reduce the number of people they anticipate employing. 224.1 Mr. Counsellour stated that a sign company had hung a "target board" where the sign would be located. At 30 feet the board could not be seen from the Bypass, but could be seen at 40 feet. 224.2 After further discussion, Director Henry, seconded by Bumpass, moved to allow a variance of a height of up to 40 feet and a sign with a maximum of up to 83 square feet, at a setback of at least 40 feet. 224.3 Upon roll call the motion passed unanimously. ENERGY EFFICIENT STANDARDS 224.4 Building Inspector, Freeman Wood, addressed the Board and explained that the City had received a letter from the Arkansas Department of Energy stating that it was required that the City adopt the first edition of the 1979 Rules and Regulations for Energy Efficiency Standards for New Building Construction by means of a City ordinance. 224.5 Director Bumpass asked if it would be permissible to enact more stringent requirements than those the State requires. City Attorney McCord answered that more stringent requirements could be adopted. 224.6 Director Bumpass asked Mr. Wood if he felt the City could improve on some of their standards, and Mr. Wood explained that the City already requires more stringent standards on some things than is required by the State. 224.7 It was suggested to Mr. Wood that the Energy Advisory Commission be asked to review these regulations and make suggestions or recommendations on whether or not the City should adopt more strict guidelines on different items. 224.8 City Attorney McCord read the ordinance for the first time. Director Henry, seconded by Bumpass, moved that the rules be suspended and the ordinance be placed on second reading. Upon roll call the motion passed unanimously, and the City Attorney read the ordinance for the second time. 224.9 Director Todd, seconded by Henry, moved that the rules be further suspended and the ordinance placed on third and final reading. Upon roll call the motion passed unanimously and the City Attorney read the ordinance for the third aid final time. 224.10 Mayor Todd asked if the ordinance should pass. Upon roll call the ordinance passed unanimously. ORDINANCE NO. 2736 APPEARS ON PAGE /5 OF ORDINANCE & RESOLUTION BOOK 7(f) . WATER AND SEWER AND SANITATION BUDGETS 224.1i Mayor Todd Introduced a resolution authorizing the expenditure of up to 10% of the amounts budgeted in the 1980-81 Water and Sewer and Sanitation Budgets until the 1981-82 budgets are formally adopted. 224.12 Director Osborne, seconded by Todd, moved that the resolution be adopted. Upon roll call the motion passed unanimously. RESOLUTION NO. 68-81 APPEARS ON PAGE 3 7 4 OF ORDINANCE & RESOLUTION BOOK i(i . PERSONNEL POLICY AMENDMENTS 224.13 Mayor Todd introduced a resolution amending the City's personnel policy regarding political activity by paid City employees. Mr. Trumann Yancey addressed the Board and stated that he had some 224.1troblems with the first part of section (b) of the resolution. He stated that the fact that an employee has an opponentshould not make any difference as to whether or not the employee is on the City payroll. Also, he stated that if a person filed for a City office he might file in September for an 1 1 July 21, 1981 225 election in November, but if he filed for some other office he would file in March for an election in November. This would make it necessary for the employee to take leave without pay from March to November, assuming he has an opponent immediately upon filing. This would make it virtually impossible for a salaried employee to run for a political office. Mr. Yancey stated that he could see that competition might become so 225.1 intense in some cases that it might interfere with the performance of the employee, but this would be for a short period of time right before the election and not for several months. Mr.Yancey stated he could better understand that the employee might be required to take off during this short period before an election. After further discussion, Director Osborne, seconded by Henry, moved 225.2 that section (b) of the resolution be amended to read, "An employee who becomes O a candidate for any national, state, or county office shall use vacation time with pay or be placed on leave of absence without pay for 30 days prior CD to any election; provided that no employee shall become a candidate for position on the Fayetteville Board of Directors without first resigning from City employment. 225.3 Q Further discussion was then held on whether or not the employee should Q have to take leave of absence for thirty days if he/she does not have an opponent. Also, discussion was held on paid -municipal offices. Director Bumpass suggested that section (b) read, "An employee who becomes a candidate for any national, state, county, or paid -municipal office. . . City Attorney McCord stated he would revise the paragraph and present it 225.4 at the next Board meeting. 225.5 Director Henry, seconded by Bumpass, moved that the item be tabled until the City Attorney has a chance to present the revisions suggested by the Board. ' Upon roll call the motion to table passed unanimously. CD SEWER CONSTRUCTION BIDS 225.6 Mayor Todd introduced the award of a contract for construction of a sanitary sewer line along Huntsville Road from Sherman Avenue westward. The recommendation from Rick Mason, Community Development Director, was to award the contract to Bruan Excavating Company in the amount of $31,083.72. 225.7 Director Noland, seconded by Sharp, moved that the bid be awarded as recommended. Upon roll call the motion passed unanimously. 225.8 CD PROPERTY APPRAISALS_ Request was made to give Rick Mason the authority to make offers for the 225.9 purchase of two parcels of property as a continuation of the Community Development Neighborhood Rehabilitation Program. The properties are located at 949 Boone Street and 1901 Stone Street. The appraised values for the properties is $4,750 for the Boone Street property and $11,000 for the Stone Street property. Mr. Grimes explained that one of the houses is badly burned and the 225.10 other is subject to frequent flooding. Both have been eyesores to the neighborhood for a long time. Mr. Grimes stated that the property on Boone Street abuts Greathouse Park and probably should be incorporated into that park. 225.11 Director Sharp, seconded by Osborne, moved to table this item until the properties could be looked at and some thought given to whether or not the $11,000 for the Stone Street property could be better spent on sidewalks and parks, and that some input be received from the Parks & Recreation Department to see if the Boone Street property is needed for parks. Upon roll call the motion passed by a 4-3 vote and the item was tabled. July 21, 1981 2211 COMPETITIVE BID WAIVER 226.1 Mayor Todd introduced an ordinance waiving competitive bids for the purchase of a vehicle for the meter reading division of the Finance Department. He explained that this had been discussed at the Water and Sewer Committee meeting and recommended by the committee. A budget adjustment is needed to increase Water and Sewer account #02-4-65-92-000 in the amount of $6,416.00 to be taken from surplus revenues. 226.2 City Attorney McCord read the ordinance for the first time. 226.3 Director Henry, seconded by Osborne, moved that the rules be suspended and the ordinance placed on second reading. Upon roll call the motion passed unanimously, with Director Bumpass abstaining, and City Attorney McCord read the ordinance for the second time. 226.4 Director Noland, seconded by Henry, moved that the rules be further suspended and the ordinance be placed on third and final reading. Upon roll call the motion passed unanimously with Director Bumpass abstaining and City Attorney McCord read the ordinance for the third and final time. 226.5 Mayor Todd asked if the ordinance should pass and upon roll call the motion passed unanimously with Director Bumpass abstaining. ORDINANCE NO. 2737 APPEARS ON PAGE /(o OF ORDINANCE & RESOLUTION BOOK )(I) BID AWARD/EMULSIFIED ASPHALT 226.6 Purchasing Agent Mackey stated he was recommending the bid for emulsified asphalt be awarded to Riffe Petroleum Company at the amount of $0.7369 per gallon. 226.7 Director Henry, seconded by Noland, moved that the bid be awarded as recommended. Upon roll call the motion passed unanimously. BID AWARD/CHEMICALS FOR POLLUTION CONTROL PLANT 226.8 Purchasing Agent Mackey stated he was recommending the bid for chemicals for the Pollution Control Plant be awarded to: Thompson -Hayward for liquid chlorine for a 12 month period beginning 8-6-81, that the bid for hydrated lime be awarded to Arkansas Lime Company for a 12 month period beginning 8-6-81, that the bid for Ferric Chloride be awarded to Conservation Chemical Company for a 12 month period beginning 8-6-81, and that the purchasing officer be authorized to purchase polymers on an as -needed basis upon the receipt of telephone quotations. 226.9 Director Henry, seconded by Bumpass, moved the bids be awarded as recommended. 226.10 Upon roll call the motion passed unanimously. OTHER BUSINESS FIRE PROTECTION ORDINANCE AMENDED 226.11 City Attorney McCord read an ordinance amending Section 9-6 of the Code of Ordinances dealing with fire protection. 226.12 Director Osborne, seconded by Noland, moved that (1) a clause be added to the ordinance stating that in addition to a contract fee, additional charges will be levied if a fire run is made. The cost will be $250.00 for the first hour and $100.00 for each additional hour; (2) the parenthetical section be deleted from section B2 of the ordinance; and (3) that paragraph D, Section 1, stating the property can be identified by the fire department be changed to state that the property can be identified and protected by the fire department. 226.13 Upon roll call the amendments made passed unanimously. 226.14 Director Osborne, seconded by Henry, moved that the rules be suspended and the ordinance placed on second reading. Upon roll call the motion passed unanimously, and the City Attorney read the ordinance for the second time. 1 1 1 July 21, 1981 227 Director Osborne, seconlied by Noland, moved that the rules be further suspended and the ordinance placed on third reading. Upon roll call the motion passed unanimously and the City Attorney read the ordinance for the third and final time. Mayor Todd asked if the amended ordinance should pass. Upon roll call the ordinance passed unanimously. ORDINANCE NO. 2738 APPEARS ON PAGE /7 OF ORDINANCE & RESOLUTION BOOK X/( ROGERS DRIVE SUBDIVISION DRAINAGE Mrs. Dawn Dunnuck and Mr.Noble Dunnuck were present to inquire about drainage problems in the area of Rogers Drive. O Upon discussion it was determined that water was running downhill from the water tank onto this property. City Manager Grimes stated he would check into this and see if there was a problem and what could be done to solve it. • EMS Director Henry, seconded by Sharp, moved that the Emergency Medical Service Q be added to the list of priorities for the sales tax revenue under "Other Projects and a footnote added to the bottom of the page reading, "Increases in city fundings of services jointly funded by the City and County will be subject to an overall review of funding of all such services." Upon roll call the motion passed unanimously. DIRECTIONAL SIGNS Director Bumpass asked the City Attorney to prepare an amendment to the sign ordinance to allow for directional signs. McCord stated he would have this at the next meeting. 1 WELCOME TO MCWETHY BABY Director Sharp stated that July 16, 1981, should be "Welcome To Adrian Anton Mead McWethy Day," in honor of the firstborn son of the Assistant City Manager. The Board was in agreement. MINUTES • The following corrections were made to the meetings from the last meeting: Paragraph 216.8 should read, ". .moved that if written authorization is received from any incorporated municipality within the two mile limit, then the Fayetteville Fire Department would be authorized to provide the service to the residents of that City." Upon roll call the motion passed unanimously. ADJOURNMENT There being no further discussion, the meeting adjourned at 11:15 p.m. 311 227.1 227.2 227.3: 227.4 227.5 227.6 227.7 227.8 227.9