HomeMy WebLinkAbout1981-08-18 MinutesMINUTES OF A BOARD OF DIRECTORS MEETING
A meeting of the Fayetteville City Board of Directors was held on
Tuesday, August 18, 1981, at 7:30 p.m. in the Board of Directors Room,
City Administration Building, Fayetteville, Arkansas, 72701.
PRESENT: Directors Osborne, Sharp, Todd, Bumpass(arrived at 7:45), Henry,
Lancaster, Noland, City Manager Grimes, Assistant City Manager McWethy,
City Attorney McCord, Acting City Clerk Stewart, and members of the press.
ABSENT: None
243
CD CALL TO ORDER
CD Mayor Todd called the meeting to order and called for a moment of 243.1
respectful silence.
Q CONDEMNATION REQUEST
Mayor Todd introduced a request by the City Hospital Board of Control 243.2
for the City to initiate condemnation proceedings regarding the acquisition
of Central Christian Church for hospital purposes.
City Attorney McCord stated that a settlement had been reached with 243.3
Central Christian Church. Under the settlement agreement, the hospital would
purchase a building and adjacent rental house from the United Pentecostal
Church located at 904 West 15th Street. Upon purchase, the City Hospital
would convey title of the United Penacostal Church building and associated
parking lot to the Central Christian Church in exchange for the real estate
located at 419 West Rock and 429 West Rock. Fayetteville City Hospital
will retain the rental house located to the east of the United Pentecostal
Church Building. Mr. McCord explained that due to this agreement, the
condemnation request was being withdrawn and that he and Mr. Hipp, representative
of the Central Christian Church, were in the process of preparing the necessary
documents.
Mr. Hipp addressed the Board and expressed his appreciation to the Board of 243.4
Directors, the Board of Control of the City Hospital, and Jim McCord for their
help in reaching a settlement satisfactory to all concerned. 243.5
Mr.Lex Smith, Assistant Administrator of the City Hospital, also addressed
the Board and expressed his thanks to all those involved in helping reach this
settlement. He stated that the Hospital Board of Control is appreciative of the
efforts of the members of the Central Christian Church, the City Board, and
Jini McCord.
STREET CLOSING/DELAWARE AVENUE
Mayor Todd introduced further consideration of an ordinance closing and 243.6
vacating Delaware Avenue, north of Stone Street and east of Virginia Avenue.
The ordinance was left on second reading at the last meeting. Mayor Todd
explained that this was related to Item 3 concerning a development appeal.
Mr. Jim Lindsey addressed the Board and explained that he was asked to 243.7
look at.this property by the owner and come up with what he thought was the best
plan for the property. He stated that he would probably not be present tonight
if it had not been for some insinuations which had been made concerning this item.
He stated that the Planning Commission, the City Engineer, the Street Superintendent,
and the Sanitation Department Head had unanimously concluded that this was an
acceptable plan.
August 18, 1981
244
244.1 Mr. Lindsey stated that Delaware Street has seven lots fronting on it.
The lots are platted and approved, and Mr. Lindsey pointed out that as long
as a developer keeps the development less than a large scale development,
then the street does not have to be improved. Mr. Lindsey told the Board
that he had been advised by Mr. Powell, Street Superintendent, that it was
unacceptable to have any development fronting on Delaware Street because he
considered it only a driveway for the school. Therefore, a plan was developed
where nothing would be fronted on Delaware Street and the street would be
closed. Mr. Lindsey stated that the development presently proposed cannot be
done without the closing of Delaware Street. A development could be built off
of Delaware, but not by using the proposed plan. Mr. Lindsey told the Board
that he felt the main issue is the fact that the people living in the area of
the proposed development do not want the development.
244.2 Mr. Lindsey stated that another question involved was that of the drainage
problem and what part it really played in the decision of the closing of the
street. Mr. Lindsey stated that the area is a "bungle," but that the developer
could clear the lot any way he wished in order to make the property more marketable,
as long as a foundation is not constructed. There is no City ordinance against
cleaning up lots. Mr. Lindsey stated it actually gets down to the point of
whether or not the City can downzone this property by turning down a'large
scale development. He asked if the City could turn down a development, even though
all requirements of the Planning Commission and the technical review committee
were met, just because there was enough public opposition. He contended that
if this were the case then all the developers in the area should be put on notice
of this fact.
244.3 Mr. Lindsey also stated that he wanted to address a comment made in an
earlier meeting about the motives of Mr. Ben Winborn. Mr. Lindsey stated that he
was a party to the offer and acceptance to the contract when the property was
bought, and there was no inclination made or nothing intended about Delaware
Street.
244.4 City Attorney McCord stated that Mr. Lindsey's comments were appropriate
in that a City may not refuse to approve a proposed development that meets all
ordinance requirements merely because the City Board makes a finding that it is
not "in the best interest of the City." Supposedly, the ordinances set out those
things requiring developments to meet the best interests of the City. It would be
arbitrary and capricious to decline approval of a development that meets all the
ordinance requirements. He explained that the closing of Delaware Avenue is a
separate issue and under the statutes the City Board can close any street, alley,
or portion therefore that the Ctiy finds no longer to be needed for corporate
purposes. Therefore, the issue before the Board is whether or not Delaware
Avenue is needed for corporate purposes.
244.5 Dr. C.O. Cogburn addressed the Board. He stated that Delaware Avenue is a
public street even though it is not paved. He explained that this street is not
only usedby the school but by many others. Mr. Cogburn stated that there is a
large park area that would not be served well if the street was closed. He
pointed out that it is impossible to know what might be developed there in the
future. Dr. Cogburn stated that he thought there might also be some problems
with setback requirements and that the proposed plan could not be built according
to R-2 zoning requirements. He stated that there was a proposed garbage bin
located next to an adjacent property owner, and that pick-up time is very early
in the morning and would cause a disturbance to the property owner. Dr. Cogburn
stated that he felt there would be a traffic hazard because of the volume of high
school traffic and the number of elementary children who walk in that area.
244.6 City Attorney McCord read the ordinance for the third time.
244.7 Director Noland commented that his problem in agreeing to close the street
was that runoff would accentuate an existing drainage problem in the area. He stated
he was troubled about dumping more water at the end of the hill.
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August 18, 1981
245
Director Lancaster stated that he agreed with Dr. Noland. He also pointed 245.1
out that even though the street may not be used much now, it is still a public
III street and goes directly into park areas that may be developed into something
else in the future years.
Director Henry pointed out that the issue is that of whether or not there 245.2
is a public need for the street, and that the drainage problem does not really
have anything to do with the street closing itself.
Mr. Lindsey explained again that if the land did not have lot splits; and 245.3
was not more than one acre, then the off-site improvement ordinance would not
take effect and the property could be developed without improvement of the street.
McCord stated that there had been an amendment passed requiring that anytime 245.4
there is development adjacent to a substandard street, then the street has to be
improved.
0 Director Sharp stated that he would not favor closing the street because of 245.5
CD the park entrance.
MMr. Lindsey asked McCord if the most that could be charged for the street 245.6
would be one half the cost of improving the street. McCord agreed with this,
7 but upon further discussion McCord stated that if no access was provided to the
Q development through Delaware Avenue, then it would be hard for the City to require
Q the developer to improve Delaware Avenge.
There being no further discussion, Mayor Todd called for a vote on the. 245.7
ordinance to close Delaware Avenue. Upon roll call the ordinance failed by a 1-6
vote, with Director Osborne voting in the minority.
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DEVELOPMENT APPEAL
Mayor Todd explained that this item would not be considered because the large 245.8
scale development could not be developed as proposed with Delaware Street open.
If Delaware Street had been closed, then the decision by the Planning Commission
on the large scale development could have been appealed. That is why the development
appeal was shown on this agenda. However, because item two failed to close Delaware
Avenue, then there was no need to consider the development appeal.
TRANSIT ADVERTISING
City Attorney McCord read an ordinance amending Section 20 of the
Fayetteville City Code deleting the limitation of one sign located on the
rear of vehicles for hire.
Mayor Todd stated that he had before him a petition encouraging the City
Board to support a change in the sign ordinance to enable Ozark Transit to sell
advertising space on their buses. The petition was signed by approximately
four to five hundred persons.
Mr. Squires of Ozark Transit stated that in January of this year the City
of Fayetteville and Community Resource Group, the parent organization of Ozark
Transit, had entered into a contract. Under that contract Ozark Transit also
agreed to seek methods for reducing Fayetteville's city share, and to seek
methods for involving the private sector in underwriting the costs of providing
public transit. He said he believes that Ozark Transit has developed methods
of doing both of these things. Mr. Squires stated that the revenue generated
from advertising on the buses is critical to the effort of reducing local shares.
Mr. Squires explained that the first third of the advertising revenue would go
toward helping to pay Ozark Transit's local share, the second third would go to
underwrite the local share for Saturday service, and the last third would be
split evenly between Fayetteville and Community Resource Group in helping to
reduce the local shares.
Bill Isaacs, representative of Community Resource Group, addressed the
Board. He stated that he has reviewed the three ordinances presented for
consideration. He explained that Ozark Transit has no problems with restrictions
on the sale of ads to promote the use of tobacco, alcohol, x -rated movies, or
245.9
245.10
245.11
245.12
August 18, 1981
24(1
anything else along this line. Mr. Isaacs also stated that the same size of
sign should not be allowed on a taxi as would be allowed on the buses because
of the difference in the size of the vehicles.
246.1 Mr. Wilber Watson of The Farmers Market addressed the Board and stated
that he became concerned about this item when it was tabled from the last
meeting and he was given the impression that the ordinance would not pass. He
circulated the petition mentioned before by Mayor Todd and obtained the four
or five hundred signatures. He stated he only had one person refuse to sign the
petition.
246.2 Director Noland stated that he would move that the proposed ordinance read
by City Attorney McCord be amended by adding, "Advertising on a taxicab or
vehicle for public hire shall be limited to one sign located on the rear of
the vehicle which sign shall not exceed nine square feet in area. Advertising
on a bus or van shall be limited to one sign on each side of the vehicle and
one sign on the rear of the vehicle none of which signs shall exceed twelve
square feet in the area. Director Sharp seconded the motion.
246.3 Upon roll call the amendment passed unanimously.
246.4 Director Bumpass, seconded by Henry, moved that the following paragraph be
added to the ordinance. "It shall be unlawful for any person to display on any
taxicab, bus, van, or motor vehicle for hire any advertisement of tobacco
products, alcoholic beverages, x -rated motion pictures, or any advertisement that
is false, misleading, deceptive, or patently offensive to the public morals."
246.5 Upon roll call the motion passed unanimously.
246.6 Mayor Todd pointed out that the reason for allowing more signs on vans and
buses than on other vehicles was due to the larger area available on which to
246.7 display the signs.
Mayor Todd asked if the ordinance as amended should pass. Upon roll the
ordinance passed unanimously.
ORDINANCE NO. 2750 APPEARS ON PAGE do OF ORDINANCE & RESOLUTION BOOK X I/
246.8 PARKING METERS
Mayor Todd introduced a recommendation from the Traffic Superintendent
and the City Manager that the Board authorize the placement of combination
short-term/long-term parking meters on the west three rows of parking in the
lot northwest of City Hall.
246.9 City Manager Grimes explained that this was being done in anticipation of
a parking crunch that would occur when construction was started on the parking
deck for the CEC and the Hilton. A traffic department count had been done
and it was determined that the parkers in rows three, four, and five could be
moved to rows one and two, and the three west rows could be metered to give
the parkers an alternative of either short/term or long/term parking.
246.10 Mr. Marcus Walden, a businessman on the Square, addressed the Board.
He stated that the survey was taken during May and June and this is not a
prime time for retailing. He suggested that a survey be taken during November
and December. Mr. Walden stated that if eight hour meters were installed there
would be no parking for shoppers because the spaces would be taken by workers
on the square. Mr. Walden stressed that he was not opposed to meters, but was
246.11 opposed to eight hour meters.
Mr. John Cole, a businessman on the Square, stated that the Retail Merchants
had met that morning and voted unanimously, with one abstention, not to support
the proposal for eight hour meters. Mr. Cole stated that there is already long
term parking available in the downtown area.
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August 18, 1981
247
Mr. Jim Reese, another businessman on the Square, addressed the Board and 247.1
stated that most of the customers shopping on the square park in the lot directly
behind Campbell Bell. He asked why long term meters would be placed on the best
customer lot in town.
One businessman stated that improvements were underway to make the back 247.2
of the buildings of Campbell Bell and Lewis Brothers look as presentable as the
front. He stated that this would also increase usage of the adjacent parking lot.
Director Noland stated that since the downtown area is in a transition period 247.3
and changes are being made, he would move that the item be tabled for six months,
until the second meeting in February, 1982. By that time the parking deck would be
completed and a better look could be taken of the entire parking situation.
Director Henry seconded the motion.
Upon roll call the motion to table passed unanimously. 247.4
CDPARKS RECOMMENDATION
Mayor Todd introduced a recommendation from the Parks & Recreation 247.5
Advisory Board regarding the disposition of city -owned houses on Lake Wilson
and Lake Sequoyah property.
Mr. William Waite of the Parks and Recreation Advisory Board addressed the 247.6
Board. He stated that the Parks Board had taken a rather extensive look at the
property at Lake Sequoyah, and that it was the consensus of the Parks Board
that the Parks Department definitely wanted the land. He explained that the
Parks Board would like to develop some tent camping down by the dam. The area
where the house is located is an area better suited for recreational vehicle
camping and a playground area. The house located there would be used as a
caretaker house controlling some access to that area of the Lake and Park. Mr.
Waite also stated that the Parks and Recreation Advisory Board would recommend
that the property at Lake Wilson be used for Parks and the house might in the
future be used for a caretaker's cottage. Mr. Waite explained that these
houses are under the management of the Water and Sewer and Sanitation Departments
and that the Parks and Recreation Board is recommending that the land and houses
be retained by the City, the houses be fixed and remain under the Water and Sewer
and Sanitation Departments until such time as Parks and Recreation is capable
of managing them.
Mr. Waite told the Board of Directors that Parks & Recreation would later 247.7
recommend to the Board that an Administrative Assistant be employed for the
management and development of park areas and activities.
Mr. Waite also requested that funds be approved for an engineering study and 247.8
plans for "Walker Park North." He explained that some funds would be left over
from the Walker Park improvements, and that the Parks & Recreation Board would
like to have a study and plan done so that they could present a request for these
extra funds.
Upon discussion, there were questions raised as to the eligibility of the 247.9
plan proposed for Walker Park. Also, the amount of overage is unknown at the
present time. Assistant City Manager McWethy explained that a more accurate
figure would be known after sixty days and the work being done at Walker Park
is more complete. Also, the $2000 or $3000 requested for an engineering study
might not be an eligible item under the CD program.
Director Sharp, seconded by Osborne, moved that the Lake Sequoyah and 247.10
Lake Wilson properties not be sold, but be kept by the City of Fayetteville,
and the Parks Board consult with the CD staff on budgeting money for the next
year to rehabilitate the house at Lake Sequoyah. Upon roll call the motion passed
unanimously.
Director Lancaster stated that perhaps the house at Lake Wilson should be 247.11
looked at more closely. He explained that perhaps it could be renovated so that
a caretaker could live in that house also. Mr. Grimes explained that at the
present time someone is living in the house rent free in exchange for watching the
area.
August 18, 1981
24S
FIRE PROTECTION FOR GREENLAND
248.1 Ron Bumpass, Chairman of the Police & Fire Committee, stated that the
committee had met on August 14, 1981, to address a proposal made by the Mayor
of Greenland for fire service for that City. Mayor Scanlon had set forth a
formula in his proposal on which to provide what he considered to be a
rational basis for a fair fee for fire service for the City of Greenland.
Director Bumpass stated that the formula is complex, but it does take into
account the population of both cities, assessed valuation of real property
and personal property, the number of acres included in the corporate limits
of each community, and the Fayetteville Fire Department budget for 1981.
Director Bumpass stated that the committee was recommending that this formula
be approved as a basis for offering fire service to Greenland.
248.2 Mr. Trumann Yancey, City Attorney for Greenland, addressed the Board and
stated that the City Council of Greenland had not met and considered this
proposal, but that he had been able to talk to some of the council members and
no problems were anticipated. Mr. Yancey stated that the City of Greenland
would like the term of the contract to be based upon a calendar year. ($18,561.79
was the determined fee for a full calendar year; see attached memo.)
Discussion was also held on the guarantee of service to Greenland.
248.3 McCord explained that the contract reads, ". . .provided Fayetteville shall
have the right to limit its response to any fire located in Greenland if the
Fayetteville City Manager or the Fayetteville Fire Chief determine that such a
response would substantially impair the ability of the Fayetteville Fire
Department to combat a fire or fires occurring in Fayetteville." McCord stated
this had not been submitted for approval to the Greenland City Council, but was
worked out with the City Attorney of Greenland.
248.4 Director Lancaster, seconded by Henry, moved that the execution of the
contract be authorized, pending approval of the Greenland City Council. Upon
roll call the motion passed unanimously.
RESOLUTION NO. 79-81 APPEARS ON PAGE Lka 3 OF ORDINANCE & RESOLUTION BOOK Al
PEDESTRIAN CROSSING/COURTHOUSE
248.5 Mayor Todd introduced a recommendation from the ad-hoc Pedestrian Crosswalk
Safety Committee regarding improvements to be made to the Courthouse crossing.
248.6 Assistant City Manager McWethy explained that this committee was appointed
to examine the pedestrian crosswalk at the courthouse and to recommend ways in
which safety might be improved. After several meetings it became apparent that
there exist more than just that one traffic problem in the area. It was the
recommendation that a signal be installed at College Avenue and Meadow Street
that would be synchronized with the existing signal at College Avenue and Mountain
Street, and that the signal be removed at Center Street. This would allow through
traffic on College Avenueduring one phase; protected turns onto College from
Mountain, the portion of Center Street near the Sheriff's Office, and Meadow
during another phase; and a two -block lay pedestrian crossing area during the
third phase where all vehicular movement would stop.
248.7 This was proposed to the Arkansas State Highway & Transportation Department
and a representative was sent up to meet with the Committee. While the Arkansas
State Highway Department would allow the addition of three more signal heads at
the College Avenue and Center Street existing signal, they refused to allow the
installation of a signal at Meadow Street at the present time because there is
not sufficient traffic volume to warrant one.
248.8 McWethy explained that it is the committee's recommendation to add three
more signal heads at College and Center as an alternative to doing nothing.
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August 18, 1981
249
Mayor Todd asked what the cost for these signal heads would be. 249.1
McWethy answered that the signal heads would not cost more than a few 249.2
hundred dollars each, but that the existing wooden pole will have to be replaced
by a metal pole which could cost five or six hundred dollars. McWethy estimated
the cost to be near $1000.
Director Henry, seconded by Bumpass, moved that the item be tabled until 249.3
the next meeting in an effort to pursue a better solution.
Larry Froelich addressed the Board and asked that they go ahead and approve 249.4
the committee's recommendation in an effort to expedite the matter.
Director Henry withdrew the motion to table and Director Bumpass withdrew his
second. Director Henry, seconded by Bumpass, then moved that the recommendation
of the committee be approved and that acquisition of the three signal heads and
backplates be authorized. Upon roll call the motion passed unanimously.
CITY HALL
Director Sharp, Chairman of the City Hall Committee, reported to the Board
that the committee had met on August 13. He explained that the first thing the
committee considered was the cash availability for the renovation of the
building. At the present time there is $423,079.11. Mr. Linebaugh, Finance
Director, had furnished sales tax revenue projections for the next few years
which should be around $210,000 in 1982 and $230,000 in 1983, and $255,000 in
1984. Director Sharp stated that a loan from the General Fund might be necessary
during one of the years. Director Sharp stated that discussions had been held
on whether or not to move the City offices during the renovation process and
that ideas were being followed up on this and a report would be given later when
all these had been checked out.
Director Sharp explained that there were three Board members on this committee
and when they had discussed architect selection Director Bumpass had abstained 249.7
because one of the architects was a client of his. Director Sharp stated that he
and Director Osborne did not want to make the final decision so a meeting would be
held at a later time for all the directors and an architect would be chosen at
that time.
249.5
249.6
CONDEMNATION REQUEST/HIGHWAY 71
Mayor Todd introduced a request by private developers for the initiation 249.8
of condemnation proceedings against a third party, for the acquisition of street
right-of-way for the construction of a service road along Highway 71.
Mr. Richard Hipp, representative of developers John Maguire, James E. Potts,
and Sterling P. Anders, addressed the Board. He stated that his clients own
approximately 2000 feet along Highway 71 bypass. The clients are willing to
donate sufficient land to the City for a frontage road and all but one of the
other land owners are willing to donate their land.
McCord explained that the service road cannot be constructed to connect to
the existing street unless the necessary right-of-way across one parcel is
acquired by eminent domain.
Mr. Hipp stated that the developers will be willing to pay all the
condemnation costs, the acquisition cost of the land, and construction costs of
the road.
Mr. Dan Yeager, representative of the Drakes,
stated that Mr. Maguire, Mr. Potts, and Mr. Anders
rezoning of the property to heavy commercial and 1
what type of commercial or industrial use would be
benefit the City as a whole. Mr. Yeager requested
addressed the Board. He
, have recently applied for
ight industrial. He asked
made of the land that would
that the item be tabled for
249.9
249.1
0
249.11
249.12
August 18, 1981
250
approximately two months to secure sufficient time for serious negotiations
between the parties, to find the results of the rezoning hearing, to acquire
appraisals on the property, and sufficient time to allow the Drakes to obtain
lawyers for legal protection. The Drakes received notification of this meeting
Saturday, August 15. Mr. Yeager stated that Mr. Parker owns property next to
the Drake property and he has granted the Drakes right-of-way across his
property and the Drake property is not encased all the way around.
250.1 Mr. Hipp stated that he understood there had been several negotiations
with all the land owners in that area. Mr. Hipp also stated that the Arkansas
Highway Department has already paid severance damage to the Drakes for this
property. Mr. Hipp stated that the service road would be needed regardless of
the zoning of the property.
250.2 Mr. Potts addressed the Board. He explained that several efforts had been
made to try and obtain right-of-way from the Drakes for a frontage road and that
it had finally come to the point where he, Mr. Maguire, and Mr. Andres felt they
had no choice but to bring this item before the Board.
250.3 Mr. Potts was asked what the highest offer made to the Drakes for the
property was. Mr. Potts answered that the State Highway Department had condemned
the land and paid the Drakes $5,000. Mr. Potts stated that the Drakes were offered
$5,000 by Mr. Potts, Mr. Maguire, and Mr. Anders' corporation.
250.4 Director Osborne pointed out that the issue is whether or not the City
sees a valid municipal purpose in condemning the property for the frontage road.
250.5 Director Henry, seconded by Sharp, moved that this item be tabled for four
weeks until the second meeting in September.
250.6 City Attorney McCord stated that he would have to have an appraisal before
condemnation could be filed.
250.7 Upon roll call the motion passed unanimously.
PARKING LOT/MEADOW STREET AND WEST OF EAST AVENUE
250.8 Mayor Todd introduced a resolution authorizing the acquisition of a parking
lot located north of Meadow Street and west of East Avenue. This is the northern
1/3 of the lot north of Mcllroy Bank & Trust. It is proposed to acquire it
from the Downtown Parking Development District at a price of $41,960.
250.9 McCord stated that approximately $40,000 was set aside in the CEC bond
proceeds for this purpose.
250.10 Director Lancaster, seconded by Henry, moved that a resolution authorizing
this acquisition be approved. Upon roll call the motion passed unanimously.
RESOLUTION NO. f S -y/ APPEARS ON PAGE 44 `E p OF ORDINANCE & RESOLUTION BOOK AI
MORNINGSIDE DRIVE IMPROVEMENTS
250.11 Mayor Todd introduced a recommendation from the Board Street Committee that
improvements to Morningside Drive (the Fletcher Street extension) be deferred.
250.12 Director Sharp stated that a letter had been received from B. K. Cooper
of the Arkansas State Highway Commission stating that due to environmental
concerns it may be necessary to change several design features of the proposed
project.
250.13 Mr. Grimes explained that the environmental concern is a historic structure,
the Williams Home. Mr. Grimes stated that the option being recommended by
the Street Committee would authorize the transfer of $14,290.64 from the
State Aid street fund balance so that the City would pay the total cost of
engineering for that project to date. The project would then be placed on
hold and it might be up to three years before sufficient funds could be
accumulated for the project. The City's Federal Urban Systems Funds are
being depleted with the work on North Street/Gregg Avenue improvements. Mr.
Grimes stated that if the project is ever revived then the City will get 3/4
of the engineering costs reimbursed through federal participation.
August 18, 1981
251
Director Bumpass, seconded by Henry, moied that the recommendation be 251.1
111 approved and the motion passed unanimously upon roll call.
SANITATION FEES
Mayor Todd introduced an ordinance amending the City Code by raising the 251.2
base rate sanitation fees to $5.00 per month and all other sanitation fees by
10%. Mayor Todd explained that this had been before the Solid Waste Committee
and the Finance Committee and was recommended by bnth.
City Attorney McCord read the ordinance for the first time. 251.3
Director Osborne, seconded by Noland, moved that the rules be suspended 251.4
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.
0 Director Osborne, seconded by Todd, moved that the rulesbe further suspended 251.5
CD and the ordinance be placed on third and final reading. Upon roll call the motion
CD passed unanimously and the City Attorney read the ordinance for the third time.
Mayor Todd asked if the ordinance should pass. Upon roll call the ordinance 251.6
7 passed unanimously.
Q ORDINANCE NO. 2751 APPEARS ON PAGE 37 OF ORDINANCE & RESOLUTION BOOK )(//
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MILLSAP ROAD
Mayor Todd introduced a recommendation from the City Manager and the Board
Street Committee regarding Millsap Road.
Director Sharp stated that the Street Committee had met,with Directors
Noland and Lancaster and City Manager Grimes present also.
Director Sharp stated that the Street Committee was recommending the
following:
1. (a) Extend North College Avenue 2 -lane north to Sain Street (the
Arkansas Western Gas exit) and begin the taper to one lane;
(b) Restripe to provide a protected fifth lane north and south of Millsap;
(c) Provide a "merge to the right" lane for northbound traffic from
Millsap Road.
2. As property develops and traffic volumes warrant, signalize Millsap
Road and North College Avenue intersection.
Mr. Bob Alguire addressed the Board and gave a run-down on reasons that
the Fayetteville -Springdale Transportation Study's Technical Advisory Committee
had recommended that the south bound off -ramp from Highway 71 to North College
be eliminated. They felt adequate service could be provided without the ramp
and a lot of safety problems could be eliminated.
Mr. Bob Grafton addressed the Board and stated he had done some engineering
work for a developer in the area, Mr. Walter Turnbow, and that it was necessary
to know how this would be resolved before final work and plans could be
developed for the area.
After detailed discussions, Director Henry, seconded by Osborne, moved
that the recommendation of the street committee be approved. Upon roll call
the motion passed unanimously.,'(
251.7
251.8
251.9
251.10
251.11
251.12
CULVERT CONSTRUCTION
Mayor Todd introduced a recommendation from the Street Committee regarding 251.13
the reconstruction of a box culvert on North Street, east of Leverett Avenue.
Director Sharp explained that the Street Committee is recommending 251.14
that the City's share of right-of-way acquisition and utility relocation costs
for this project (estimated total of $27,875) be approved for payment from the
City's State Aid Street Fund account with the Arkansas State Highway & Transpor-
tation Department. Replacement of the existing deteriorated box culvert is planned
for this fall.
iiF ry ti --)i5 �5 t
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August 18, 1981
252
252.1 Mr. Grimes stated that he has talked to the Highway Department about the
possibility of adding the costs of the reconstruction of the railroad crossings
there into the cost of this project. They have said that this can be done.
Mr. Grimes asked the Board's permission to request the Highway Department to add
the railroad crossings into this project.
252.2 Director henry, seconded by Lancaster, moved that the recommendation,
including the railroad crossings, be approved. Upon roll call the motion
passed unanimously.
UTILITY RELOCATIONS
252.3 Mayor Todd introduced a request for authorization for the payment of the
costs for moving Arkansas Western Gas Company's lines in connection with two
street widening projects. The street committee is recommending approval of the
following amounts, subject to final confirmation of the figures requested:
North Street/Garland Avenue project
(1976-1977 construction)
Gregg Avenue project
(1978 construction)
$9,572.02
4,006.19
252.4 Mr. Grimes stated that he had corresponded with the gas company and he
and the Finance Director are satisfied with their response and feel that
these are legimitate costs which should be paid.
252.5 Director Osborne, seconded by Todd, moved that authorization for the
payment of the above costs be approved. Upon roll call the motion passed
unanimously.
NORTH & GARLAND STREET SETTLEMENT COSTS
252.6 Mayor Todd introduced a request by the Finance Director for approval of
budget adjustments for various General Fund and Public Works Fund departments.
252.7 Director Osborne stated that these budget adjustments had been reviewed
by the Finance Committee and was recommended by them.
252.8 Director Osborne, seconded by Lancaster, moved that the budget adjustments
be approved. Upon roll call the motion passed unanimously.
RESOLUTION NO. 80-81 APPEARS ON PAGE 4--a S OF ORDINANCE & RESOLUTION BOOK X
SANITATION BUDGET
252.9 Director Osborne stated that the Finance Committee has reviewed the 1981-82
Sanitation Fund Budget. He explained that the budget has been changed this year to an
accrual basis.
252.10 Director Osborne, seconded by Lancaster, moved that the 1981-82 Sanitation
Budget be adopted. Upon roll call the motion passed unanimously.
RESOLUTION NO. 81-81 APPEARS ON PAGE 9-3 I OF ORDINANCE & RESOLUTION BOOK )K
ANIMAL CONTROL.
252.11 Mayor Todd introduced a resolution transferring the Animal Shelter
operation, effective January 1, 1982, from the Sanitation Fund to the General
Fund. Director Osborne, seconded by Lancaster, moved the resolution be approved.
Upon roll call the motion passed unanimously.
RESOLUTION NO. 82-81 APPEARS ON PAGE 't3 a OF ORDINANCE & RESOLUTION BOOK X
HOUSING PROJECT
252.12 McCord explained that the Fayetteville Housing Authority originally had
an option to purchase property for a low rent housing project near 13th Street
August 18, 1981
253
and Wood Avenue. It was agreed that the City of Fayetteville would accept an
assignment of the option by the property and hold title until the Housing
Authority received its funds to purchase the tract from the City. The Housing
Authority will be prepared to buy the property within approximately 60 days,
and HUD is requesting that the City execute an option to purchase to the
Housing Authority before it advertises for construction bids.
Director Osborne, seconded by Todd, moved that the option to purchase be 253.1
executed. Upon roll call the motion passed unanimously.
RESOLUTION NO. 83-81 APPEARS ON PAGE ±33 OF ORDINANCE & RESOLUTION BOOK x i
O SIGN AMENDMENTS
City Attorney McCord read an ordinance amending the definition of on-site 253.2
01 signs and off-site signs.
Director Osborne, seconded by Henry, moved that the rules be suspended and 253.3
7 the ordinance be placed on second reading. Upon roll call the motion passed
Q unanimously, with Director Bumpass absent and the City Attorney read the ordinance
a for the second time.
Director Osborne, seconded by Henry, moved that the rules be further 253.4
suspended and the ordinance placed on third and final reading. Upon roll call
the motion passed unanimously with Director Bumpass absent, and the City Attorney
read the ordinance for the third time. 253.5
Mayor Todd asked if the ordinance should pass. Upon roll call the motion
passed unanimously. 253.6
ORDINANCE NO. 2752 APPEARS ON PAGE 32 OF ORDINANCE & RESOLUTION BOOK kJ(
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ZONING ORDINANCE AMENDMENT
City Attorney McCord read an ordinance amending and deleting certain 253.7
sign definitions contained in the zoning ordinance.
Director Todd, seconded by Bumpass, moved that the rules be suspended and 253.8
the ordinance placed on second reading. Upon roll call the motion passed
unanimously and the City Attorney read the ordinance for the second time.
Director Todd, seconded by Bumpass, moved that the rules be further 253.9
suspended and the ordinance be placed on third and final reading. Upon roll
call the motion passed unanimously.
Mayor Todd asked if the ordinance should pass. Upon roll call the 253.10
ordinance passed unanimously.
ORDINANCE NO. 2753 APPEARS ON PAGE 33 OF ORDINANCE & RESOLUTION BOOK \C//
NOISE CONTROL EQUIPMENT
City Attorney McCord explained that EPA has loaned the City of Fayetteville 253.11
some noise control equipment until the City can acquire its own equipment.
A loan equipment agreement needs to be executed in connection with this. There
is no charge for the equipment. 253.12
Director Henry, seconded by Todd, moved that the agreement be executed.
Upon roll call the motion passed unanimously.
McCord recommended that the City send an officer to the Comprehensive 253.13
Noise Seminar in Colorado for a one week training session. The oily cost
would be the enrollment fee of $275.00.
RESOLUTION NO. 84-81 APPEARS ON PAGE 1%36 OF ORDINANCE & RESOLUTION BOOK )C/
August 18, 1981
254
PUBLIC WORKS DEPARTMENT
254.1 City Manager Grimes requested that the freeze on the number of employees
in the Public Works Department be lifted. He stated that the budget
allocated 28 and the Department now has 26. He explained that the City
is trying to finish its asphalt ovprlay program and has not started its
slurry seal project. Also, a new street needs to be built for the Marshall
Town project in Industrial Park.
254.2 Director Osborne, seconded by Lancaster, moved that the freeze be lifted.
254.3 Upon roll call the motion passed unanimously.
DONATION FROM ST. PAULS EPISCOPAL CHURCH
254.4 Director Henry stated that St. Pauls Episcopal Church sent a donation of
$500.00 to the City in appreciation of municipal services, particularly police
and fire protection.
FIRE PROTECTION FOR UNIVERSITY FARM
254.5 Director Bumpass stated that the University has requested the City to
make provision forr providing fire service to the University Farm.
254.6 Mr. Grimes stated that the University wants to work out something with the
City for fire protection, either on a contractual basis or annexation. Mr.
Grimes stated that back when the last 1% sales tax was imposed, the power
company mistakenly imposed this tax on the University farm property and they
have paid it all this time. This amounts to approximately $5,000 or $6,000
which will probably be rebated. Mr. Vorsanger requested that this money be
held in escrow until something can be worked out and that fire service be provided
in the interim.
254.7 Director Osborne, seconded by Lancaster, moved that the money be held
in escrow for sixty days and that the University farm be provided fire service
for this 60 day period, and that the fee for the 60 day service be held out of
the money in escrow. Also, that the City Attorney pursue the possibility of
annexation with the University paying the fees for this.
254.8 Upon roll call the motion passed unanimously.
GUIDELINES FOR SPENDING OF SALES TAX PROCEEDS
254.4 Director Henry, seconded by Osborne, moved that guidelines for spending
sales tax revenues be adopted (attached). Upon roll callthe motion passed
unanimously.
INVESTMENTS
254.10 Director Osborne requested that the minutes note that the City is no
longer investing funds in Savings and Loans because State law prohibits it
from doing so.
254.11
MINUTES
The minutes of the 8-4-81 meeting were approved with the following
corrections:
Paragraph 237.2 should state that the Board would have to approve any
cost overruns on professional service contracts, before these costs are
incurred.
Also, Mayor Todd requested that it be noted that the extra costs for the
third level of the parking deck would be included in the total cost if the
third level is constructed later.
ADJOURNMENT
There being no further discussion, the meeting adjourned at 12:00 midnight.
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FAYETTrTILLE, ARKANSAS
P. 0. DRAWER F
TO: City Board of Directors
FROM: Ron Bumpass, Police & Fire Committee Chairman
RE: Greenland fire protection ( ��
OFFICE OF CITY MANAGER
72701 (5011 521.7700
August 14, 1981
At the August 14 Police & Fire Committee meeting it was agreed to
amend the figures in the Greenland fire formula in the following manner:
Change the assessed property values so that they
correspond to the figures of Mayor Scanlon;
this would yield a decimal equivalent of .00892117
rather than the .008434447 listed in the agenda;
Use the 1981 budget figures as proposed, rather
than the audited 1980 figures that Mayor Scanlon
had in his formula;
Carry the computations out to eightrdecimal
places as originally proposed rather than rounding
off to three; and
Use 27,059:acres as the area for Fayetteville,
rather than the ones originally used by either
Fayetteville or Mayor Scanlon. NWARPC has
admitted that their original 34,816 figure was
wrong due to "double counting"; 27-,-:0'59 is so
close to our 25,633 that it would not make
enough of a dollar difference to justify belaboring
the point.
The formula would then read as follows:
622X 3+ 634,845 X 2+ 786 X $1,137,969
36,604 71,161,625 27,059
6
[(.016992678 X 3) + (.00892117 X 2) + (.029047636)] X $1,137,969
6
(.050978034) + (.01784234) + (.029047636) X $1,137,969
6
r
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GUIDELINES TO CITY MANAGER
FOR
SPENDING OF SALES TAX PROCEEDS
1981-82
A. Follow category commitments adopted by Board of Directors prior to election.
B. Justify all expenditures on basis of:
1. Contribution to accomplishment of specified objectives;
2. More cost-effective than other means of accomplishing objectives.
C. Timely planning and implementation:
1. Setting specific objectives and thoroughly examining alternative means
of accomplishing objectives -- to begin immediately.
2. Recommend objectives and cost-effective programs to Board of Directors at
Public Hearing. Programs to be supported by results and costs expected,
including budget and items to be measured for results of the program.
3. Gain approval of Board of Directors.
4. Implement approved programs -- as soon as finances available.
5. Monthly report of progress on plans and implementation of programs.
D. Accountability to citizens:
1. Measure results on predetermined items related to new programs.
2. Compare results to goals.
•
•
3. Report monthly to Board of Directors progress and problems of each program.
4. Accept all opportunities to present clear status report to citizens -- how
the money is being spent and the results realized and anticipated in the
future.
5. Continually evaluate programs for possible improvements or for possible
elimination.
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