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HomeMy WebLinkAbout1981-09-01 Minutes255 MINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Fayetteville City Board of Directors was held on Tuesday, September 1, 1981, at 7:30 p.m. in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas, 72701. PRESENT: Directors Todd, Henry, Lancaster, Noland, Osborne (arrived 7:55), and Sharp; Assistant City Manager McWethy, City Manager Grimes (arrived 8:30), City Attorney McCord, City Clerk Koettel, and members of the press. 0 ABSENT: Director Bumpass (3) CALL TO ORDER Mayor Todd called the meeting to order and called for a moment of 7 respectful silence. Q Q EMPLOYEE AWARDS Employee of the Month awards were awarded for the month of August, 1981, to the following five persons. Mayor Todd presented each with a check for $100 and a certificate. He also read the following about each. Donette Hawkins. Donette is a Clerk V for the Police Department. Donette has demonstrated a high degree of professionalism, her work is very neat and accurate, and she is always on time and is conscientious. She has a good cheerful attitude. Donette is responsible for supervising the clerks at the front information desk at the Police Department. She is secretary to the Chief and others at the Department. Dewey Morris. Dewey is a meter reader and has worked for the City for five years and ten months. Dewey's division head, Don Osburn states that Dewey is "very dependable and has worked hard to produce good quality and quantity work." His job knowledge has been excellent enough that his division head has allowed him to cross -train himself in the different jobs in the Customer Accounting and Collection Division. He goes out of his way to provide dependable and prompt service to the public. Delbert Hester. Delbert is a construction and maintenance foreman with the Street Department. He has worked for the City for thirty six years. Delbert began work for the City at the age of fifteen. He has been in charge of the asphalt oil storage tanks since they were originally installed. He has always been the primary operator and in charge of the oil distributor during the paving season and also when gravel streets were oiled for dust control. Delbert was placed in charge of the right-of-way mowing in 1981 with only two men and a minimum of equipment. He has taken this job seriously and has done an outstanding job with a minimum of resources. Delbert maintains a positive attitude and is very pleasant to work with. Warren E. Skelton. Warren is a general maintenance man with the Public Works Department. He has worked for the City for fifteen years and ten months. Warren's supervisor, Clayton Powell, states, "Warren is a smooth, steady driver/operator and his truck is the PRIDE of the dump truck fleet. He performs all the first line maintenance on his truck, paying particular attention to minute adjustments such as tire pressure, minor tune ups and safety features such as lights, turn indicators, etc. He also keeps his truck immaculately clean outside as well as inside regardless of the materials he is hauling. This extra care has contributed to the extended life span of the two trucks that have been assigned to Mr. Skelton over the past ten years. Both have been driven well over 150,000 miles and have had the lowest maintenance and operating costs over other similar units in the fleet." 255.1 255.2 255.3 255.4 255.5 256 256.1 Jay Pense. Jay is a general maintenance person in the Administration Department. Jay's supervisor, David McWethy, states that Jay is a "Maker and Fixer of Things." He can do electrical and plumbing jobs, he is a carpenter and a skilled welder. Mr. McWethy states that because of Jay's skill in repairing and fabricating he has saved the City many hundreds of dollars over the past months. Jay repairs boat docks, replaces locks, caulks windows, lays brick, welds machinery, tunes up engines, fixes hydraulic systems, rewires light fixtures, replaces bearings, and when the City Hall custodian was on vacation in July, Jay performed the janitorial duties for two weeks --in addition to his full-time work. ANNEXATION 256.2 Mayor Todd explained that this issue had been tabled fromlhe March 31, 1981 meeting. He read a memorandum from Mr. Newton Hailey stating the following reasons for consideration of annexation: 1. Need for protection of the existing agricultural land; 2. Need for protection of lands which will possibly be annexed in the next few years; 3. Contrcl of areas that could be densely developed within the next few years; 4. Reasonable control of existing commercialized growth areas and control of proposed commercial areas in the growth area; and 5. Protection of residential development along the City limit line and from incursion of large commercial, agricultural, and industrial uses. 256.3 Mayor Todd explained that the possibility of working with the County for some type of cooperative zoning control had been discussed and that Newton HaiTe,yhad been pursuing this possibility. Mr. Hailey addressed the Board and stated that he had met with County 256.4 officials at least seven times since May on this item. He explained that one reason they were no farther along than they were was because they did not get the decision of the Quorum Court until June 12 and this put them behind by approximately three months. Another reason for the delay is that this type of cooperative action has not been done many times before and it is something new to those working with it. Mr. Hailey asked the Board if they would consider tabling this item to allow more time for the County and City to work together. He said he did not feel there has been a lack of progress. 256.5 City Attorney McCord stated that he would support the suggestion to table this item. He informed the Board that he had received sixteen phone calls today concerning legal questions of annexation, and that he would like more time to consider these questions before giving legal advice. 256.6 Director Noland asked if Site 3 (University Farm) was still under consideration for annexation. McCord explained that because of some changes inthe law, it was his opinion and that of the City Manager's Office that this area would not need to be annexed. 256.7 Mayor Todd also explained that there had been a request by the Mayor of Springdale to delete Site 1. 256.8 After some discussion, Director Henry, seconded by Sharp, moved that the item be tabled until more information is available from the committee working between the County and City, or until a period of six months has expired, whichever comes first. 256.9 One member of the audience stated that he lives in Huntington Subdivision. He said he had talked with nine of his neighbors, and three did not care one way or the other if the property was annexed and the other six are in favor of annexation. 256.10 Mayor Todd explained that annexation can be done by petition also, if all of the land owners are in agreement. 1 1 257 After hearing some comments from the audience, Mayor Todd called for a vote on the motion to table. The motion passed 5-0-1 upon roll call, with Director Osborne abstaining because he had not been present for discussion. 257.1 SIDEWALK WAIVER/509 EAST 15th STREET Mayor Todd introduced a request for a waiver of the requirements of the 257.2 Master Sidewalk Plan, for property located at 509 East 15th Street. The request was made by Janie Kelly of Route 5, Box 524, Fayetteville, 257.3 AR. She is constructing a single family dwelling at 509 East 15th Street. Ms. Kelly addressed the Board and stated that the Highway Department 257.4 plans to widen the highway and the sidewalk would probably be torn out. Q Also, she stated the highway embankment would make it almost impossible to construct a sidewalk. She pointed out that there is no sidewalk along 15th Street anywhere else between Highway 71 South'.and Highway 16 east. Director Noland asked Ms. Kelly if she would agree to install sidewalks 257.5 7 at her expense when the other sidewalks along that area were installed. She answered that she would be glad to build the walk when others were built. McCord stated that a bill of assurance would be in order stating 257.6 that Ms. Kelly would agree to install the sidewalk upon the call of the City, which would be when other sidewalks were installed in that area. Mr. George Blackwell asked who would be responsible for the cost of 257.7 the sidewalk, and Mayor Todd explained that Ms. Kelly would be responsible for the cost of building the sidewalk. In effect, the City simply postponed the building of the sidewalk until a later date. Director Henry,seconded by Sharp, moved the requirements be deferred, with a bill of assurances as discussed. The vote SIDEWALK REHEARING was 6-0. Mayor Todd explained that Director Bumpass had requested a rehearing 257.8 regarding a waiver of the Master Sidewalk Plan requirements, for property located at the southeast corner of Highways 45 East and 265 North. Mayor Todd, seconded by Osborne, moved that the Board consider this 257.9 item as requested by Director Bumpass. Upon roll call the motion passed by a 5-1 vote, with Director Sharp voting in the minority because he felt Director Bumpass should be present to enter into the discussion. Assistant City Manager McWethy explained that after the request to 257.10 waive the sidewalk requirement was denied, the petitioner had told the City Manager's office that he would prefer to take the same amount of money that would be required for the walk, and use it to build another walk in the same area. He did not want to build the required sidewalk because he felt it would not be used. Mayor Todd explained that the original request was not for a waiver 257.11 of the sidewalk requirements, but for a deferral of those requirements. Director Noland stated that if the property owner was going to be 257.12 asked to build a sidewalk, it would seem to him the most appropriate place would be along Highway 45 where the sidewalk at a convenience store ends. Mr. McWethy agreed with Director Noland. He pointed out that the 257.13 City does not know when or if the widening of Highways 265 and 45 will be done, but in order to have sidewalks along Highway 45 the City would have to construct them in several places. Director Lancaster stated that if the Highway Department takes the 257.14 sidewalks in widening the 45/265 intersection it will replace them. McWethy stated that hedid not know for sure the Highway Department would 257.15 replace the walks if they were knowingly built on highway right-of-way without a permit. Director Osborne stated that he agreed with Director Noland, that it is 257.16 not wise to require a sidewalk along 45 East and 265 North at the present time. He stated that perhaps the requirements should be waived until the City determines that a sidewalk is needed. 258 258.1 Director Lancaster asked if the trade -off being discussed with the property owner was in terms of footage or in terms of the costs required to build the sidewalk. Mayor Todd answered that the discussion was centered around the cost of the sidewalk and not footage. 258.2 After further discussion, Director Osborne, seconded by Noland, moved that the City accept a bill of assurance from the property owner to allow the sidewalk to be built upon the call of the City either on or adjacent to the property in question. 258.3 Upon roll call the motion failed by a 3-3 vote, with Director Todd, Lancaster, and Sharp voting in the negative. Mayor Todd moved that the property owner be allowed the privilege of 258.4 putting the amount of money it would cost to build the sidewalk into an escrow account, and this money be applied to another piece of developed property along Highway 45 East, and that the City Board acknowledge the responsibility of the City to construct the sidewalk at this particular property when there is a demonstrated need. Director Osborne seconded the motion. Upon roll call the motion failed by a 3-3 vote, with Henry, Lancaster, and Sharp voting in the negative. REZONING/W OF HWY 71 N, N OF SYCAMORE STREET 258.5 Mayor Todd introduced an ordinance rezoning 30.19 acres on the west side of Highway 71 North, north of Sycamore Street and southwest of the Highway 71/ Mt. Comfort Road interchange. The change requested in rezoning petition R81-12 was from A-1 Agricultural to I-1 Heavy Commercial. 258.6 McCord explained that the petitioners, Sterling P. Anders, James E. Potts, and John Maguire, had executed a bill of assurance deleting Use Units 18 ("Gas Service Stations and Drive-In Restaurants"), 22 ("Manufacturing"), and 27 ("Wholesale Bulk Petroleum Storage Facilities") from the uses permitted on this property, as well as a "no truck stops" pledge. 258.7 McCord read the ordinance for the first time. Director Osborne, seconded by Henry, 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. 258.8 Director Osborne, 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 time. 258.9 Mayor Todd pointed out that this had been recommended by the Planning Commission. 258.10 McCord explained that Board approval would be required before any of the type of uses excluded in the bill of assurances could be approved. Director Lancaster asked if it would require a rezoning for these 258.11 uses to be approved and McCord answered that it would. Wilson Kimbrough from the audience asked if public notice would he 258.12 given if there ever were any deviations from the bill of assurances. McCord answered that it would have to be considered by the Board, and that public notice is always given of the board meetings. 258.13 Mayor Todd asked if the ordinance should pass, and upon roll call the motion passed unanimously. ORDINANCE NO. APPEARS ON PAGE 34 OF ORDINANCE & RESOLUTION BOOK XIl 1 1 1 r September 1, 1981 SIGN APPEAL/TNT AUTO PARTS Mayor Todd introduced an appeal from the literal provisions of the sign ordinance by petitioner TNT Auto Parts, by Thomas J. Henson, Owner for a sign located at 402 South Locust. The Zoning District is C-2 "Thoroughfare Comm- ercial" and the variance requested is permission to erect two wall signs on one wall. The ordinance requirement is a limit of one wall sign per wall per business with a maximum of four wall signs on any one structure, unless the Board determines that strict enforcement would cause undue hardship because of characteristics unique to the property in question. Mr. Henson addressed the Board and stated that his business is located on the side of the hill and only one wall is exposed to a street. Director Lancaster, seconded by Osborne, moved that the variance be granted Director Sharp stated that he felt a sign would be visable on the north wall from Archibald Yell. Mr. Henson replied that a sign on the north wall would be visable only when you are even with it, and that he has even stood a sign up there but that it cannot be seen. Director Osborne stated that he had reservations about allowing this variance. He explained that the sign ordinance is aimed at reducing the number of signs and the size of signs. Osborne stated that Mr. Henson already has two identification signs and that now he is asking for a third. After further discussion, Mayor Todd called for a vote on the motion to approve the variance. The motion failed by a 5-1 vote, with Director Lancaster voting in the minority. PARKING OPERATOR Mayor Todd explained that the Finance Director is in the process of gathering more materials for this item, and that the item is being tabled. PARKLAND DEDICATION mA a2UM 5 Mayor Todd introduced an ordinance clarifying the requirements for the dedication of public park land in connection with the subdivision of land within the city's planning area. City Attorney McCord read the ordinance for the first time. Director Osborne, seconded by Henry, moved that the rules be suspended and the ordinance be placed on second reading. Upon roll call the motion passed unanimously, and City Attorney McCord read the ordinance for the second time. Director Osborne, seconded by Todd, moved that the rules be further suspended and the ordinance placed on third and final reading. Upon roll call the motion passed unanimously. Mayor Todd explained that this is simply an editorial matter. Upon roll call the ordinance passed unanimously. ORDINANCE NO.a - s S APPEARS ON PAGE 36 OF ORDINANCE & RESOLUTION BOOK Y// AIRPORT LEASE Mayor Todd introduced consideration of authorization of a one-year lease with Caudle Air Freight for a 720 -square foot parcel and associated parking at Drake Field. 259 259.1 259.2 259.3 259.4 259.5 259.6 259.7 259.8 259.9 259.10 259.11 259.12 260 September 1, 1981 Mr. Grimes explained that this is an extension of an existing lease. 260.1 Mayor Todd asked that the word "compatible" be struck from section 2 on page 1 of the lease. 260.2 There being no further discussion, Director Lancaster, seconded by Henry moved that the lease be approved with the word, "compatible" deleted as suggested. Upon roll call the motion passed unanimously. RES NO. 8(0 81 Pte- 1t41 hook X 1 WATER TAP TOOL 260.3 Mayor Todd introduced an ordinance waiving competitive bids for an underground piercing tool for water taps; and authorization to purchase. 260.4 City Attorney McCord read the ordinance waiving competitive bidding for the first time. 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. City Attorney McCord read the ordinance for the second time. 260.5 Director Osborne, 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. 260.6 Director Noland stated that the water and sewer committee had discussed this and did recommend waiver of competitive bidding. Mayor Todd asked if the ordinance should pass. Upon roll call the 260.7 motion passed unanimously. ORDINANCE NO.) 15(oAPPEARS ON PAGE 31 OF ORDINANCE AND RESOLUTION BOOK XI( BUDGET ADJUSTMENT 260.8 Director Sharp, seconded by Osborne, moved that a budget adjustment of $7,147.87 be made to increase the appropriation of Account No. 02-4-57-92-000 in the current Water and Sewer Budget to pay for the equipment and freight to Fayetteville. Upon roll call the motion passed unanimously. WATER LINE/HUNTER STREET IN FARMINGTON 260.9 Mayor Todd introduced the consideration of authorization of the extension of an 8" water line on Hunter Street in Farmington. Director Noland stated that a man in the area offered to dig the ditch if 260.10the City would buy the material and install it. Noland stated it is the recommendation of the water and sewer committee to go ahead with this con- struction of the 8" water line. Director Sharp asked if the City would be reimbursed as the property is 260.11 developed along that line. City Engineer Bunn stated that a prorata share would be charged to the 260.12developer for a tie -on fee. Mr. George Blackwell asked if water taps would be required if the line was 260.13installed. Bunn answered that taps are given only upon the request of the property owner, who has to pay for the taps. 260.14 Director Osborne asked if the tax monies of the City are going to pay for this line in Farmington, and Bunn answered that they are not but that water and sewer revenues will pay for the line. A r 1 261 September 1, 1981 Mr. Bunn explained that anyone who ties on to the line will be charged a prorata share of the cost of the line. Director Osborne, seconded by Todd, moved that the extension of the 8" water line on Hunter Street in Farmington be approved. Upon roll call the motion passed unanimously. Mayor Todd asked if the cost of the extension of the line will be in- cluded in the costs for the growth area, which may result in an increase of their rates. Don Bunn stated that a portion of the costs should be allocated to the growth area. O ARCHITECT HIRING 0) G) Director Sharp, Chairman of the City Hall Committee, stated that the committee was recommending that the architectural firm of Hailey -Powers - Q Froning be hired for the remodeling and renovation of City Hall. Director Henry, seconded by Lancaster, moved that this recommendation Q be approved. Upon roll call the motion passed unanimously. 1 • 261.1 261.2 261.3 261.4 261.5 261.6 261.7 September 1, 1981 262 APPRAISAL AUTHORIZATION 262.1 Mayor Todd introduced for consideration the authorization for the Community Development & Housing Office to have appraisals made of the property at the northwest corner of Rock Street and Church Avenue. 262.2 Mr. Sharp explained that he was supposed to get with Mr. and Mrs. Lewis and see if they were interested in selling their property and for how much. How- ever, he had not been able to do this because of a conflict in schedules. He states he would get with them and discuss this. 262.3 Director Sharp stated that he was in favor of spending the CD money for sidewalks rather than for appraisals. He stated that CD money was for the use of low and moderate income families. 262.4 Mayor Todd explained that he felt this would be an effort to accomplish greater efficiency in city government, and thus would be benefiting low and moderate income families as well. 262.5 Director Lancaster, seconded by Osborne, moved that authorization be given to have an appraisal made, with the Lewis' present. Upon roll call the motion passed by a 5-1 vote, with Director Sharp voting in the minority. OTHER BUSINESS MASTER SIDEWALK PLAN 262.6 Assistant City Manager McWethy explained that Pump Station Road did not get included on the master sidewalk plan and with the Marshalltown project and improvements being made on Pump Station Road, the Planning Office needs direction on whether or not to require sidewalks. He stated that Pump Station Road is shown on the Master Street Plan. 262.7 Upon discussion, Director Henry, seconded by Osborne, moved to refer this item to the street committee for consideration. Upon roll call the motion passed unanimously. HOSPITAL BOND CLOSING 262.8 City Attorney McCord stated that the closing on the hospital bond sale by the Public Facilities Board should take place on Thursday, September 3, 1981. SIGN CASE/KINCAID, HORNE, & TRUf•1B0 262.9 McCord reported that this case was set for trial for September 10, 1981. He explained that jury trial had not been requested by either sides. He stated he was proposing to stipulate the facts and let the court make the final decision. 262.10 Director Osborne, seconded by Henry, moved that McCord be authorized to pursue this case as he outlined. Upon roll call the motion passed unanimously. SWEETSER CONCRETE CJNTRACT 262.11 City Manager Grimes stated that Mr. Sweetser had suggested that the City extend the date of the concrete contract until the end of the year. Mr. Grimes requested the Board to extend the contract until February 1, which would be a five month extension. He stated that he was requesting this extension for two reasons: 1) the contractor usually gets his material price increase toward the end of the year, and 2) the City would like to compute the concrete quantity needed in the street department for the year and budget time would be passed and the City would know this information. 262.12 Director Lancaster asked if any of the other contractors know that the City is considering extending the contract, and Mr. Grimes answered that he was not aware of it if they knew of this. 262.13 Director Sharp stated that he felt like bids should be taken instead of extending this contract. 262.14 After some discussion, Director Osborne, seconded by Noland, moved that the concrete contract with Sweetser be extended to February 1, 1982. Upon roll call the motion passed unanimously. 1 September 2 6 3981 REZONING/NORTH SIDE OF OLD FARMINGTON RD. AT SANDRA'STREET Mayor Todd introduced an ordinance rezoning property, as requested in 263.1 rezoning petition R81-13 for 1.0 acres on the north side of Old Farmington Road at Sandra Street from A-1 "Agricultural" to R-1 "Low Density Residential" by petitioners Ken V. Hanshew and Louise Huey. The Planning Commission had recommended approval of the rezoning. 263.2 City Attorney McCord read the ordinance for the first time. Director Osborne, seconded by Noland, moved that the rules be suspended and the ordinance be placed on second reading. Upon roll call the motion passed unanimously, with Director Henry absent, and the City Attorney read the ordinance for the second time. 263.3 O Director Osborne, seconded by Lancaster, moved that the rules be Q) further suspended and that the ordinance be placed on third and final reading. �) Uponrollcall the motion passed unanimously, with Director Henry absent, and the City Attorney read the ordinance for the third time. There being no discussion, Mayor Todd asked if the ordinance should pass. Q Upon rollcall the ordinance passed unanimously, with Director Henry absent. 263.4 'Cr ORDINANCE NO. a 7 '7APPEARS ON PAGE Si OF ORDINANCE & RESOLUTION BOOK )(// 1 CD BIDS Director Osborne, seconded by Noland, moved that bids be awarded for wood privacy fencing at the Shelter for Victims of Domestic Violence and at the Senior Center; and for kitchen equipment for the Senior center at the following amounts: United Fence Company - $4,158.00 Ozark Restaurant - 3,955.12 Upon roll call the motion passed unanimously. EAST AVENUE Mayor Todd introduced discussion of a proposal to make East Avenue a two-way street between Center and Dickson Streets. City Manager Grimes stated that the traffic superintendent has looked over this possibility, but that there is really no urgency on the matter. Mr. Grimes stated that he felt this would help reduce some traffic problems associated with the Hilton. Director Lancaster, seconded by Osborne, moved that this be referred to the Street Committee for study and that all interested parties be notified. A street committee meeting was set for September 10 at 4:00 p.m. and all property owners along East Avenue were to be notified. 'Upon roll call the motion passed unanimously. 263.5 263.6 263.7 263.8 263.9 263.10 263.11 September 1, 1981 264 FRONTIER AIRLINES 264.1 Mayor Todd stated that he had received a decision from Frontier Airlines and they had decided to leave Fayetteville. SOCCER FIELDS 264.2 Mayor Todd asked if a determination was made on whether the money left from Walker Park improvements could be used for soccer fields. McWethy answered that any HCRS money that was left could be used. The Board instructed the Parks and Recreation Department to get some figures together on preliminary work and put it in the 1982 budget. SIDEWALK/PERRY'S FINE GIFTS 264.3 Mayor Todd stated that the minutes conclude that there was an indefinite postponement of the building of this sidewalk. He stated that he had understood the Board to state that once it was determined that a sidewalk could be built on the east side, that the walk should be built and not delayed. He explained that he saw no reason to wait since it has been determined that a walk could be built there. The Board agreed with Mayor Todd and that this should be considered in the budget process. 264.4 Assistant City flcWethy asked if Perry's was to be required to install the sidewalk now. Mayor Todd answered no, not until the City is ready to pro- ceed, which will hopefully be within the next few months. MINUTES 264.5 The minutes of the 8-18-81 meeting were approved with the following correction: Paragraph 251.12 was amended to read as follows: "After detailed discussions, Director Henry, seconded by Osborne, moved that the recommendation of the street committee be approved, and that the west access be as shown on the deed of the present owners, which access is already approved by the Arkansas Highway and Transportation Department. Upon roll call the motion passed unanimously." ADJOURNED There being no further discussion, the meeting was adjourned at 9:30 p.m. 1 1