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HomeMy WebLinkAbout1981-10-06 MinutesOctober 6, 1981 MINUTES O.FA BOARD OF DIRECTORS MEETING A meeting of the Fayetteville City Board of Directors was held on Tuesday, October 6, 1981, at 7:30 p.m. in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas, 72701. PRESENT: Directors Henry, Lancaster, Noland, Osborne, Sharp, Todd, and Bumpass; City Manager Grimes, Assistant City Manager McWethy, City Attorney McCord, City Clerk Koettel, and members of the press and audience. ABSENT: None 0 CALL TO ORDER Mayor Todd called the meeting to order and asked for a moment of 01 respectful silence. 7 EMPLOYEE AWARDS Q Employee of the Month awards were awarded for the month of September, 1981, to the following five persons. Mayor Todd presented each with a check for $100 and a certificate. He read the following comments. Virginia Stout. Virginia is the traffic clerk in the traffic department and has worked for the City for only four months. In that four months she has worked extra time and made an extra effort to straighten up the problems in the parking ticket system. Her supervisor, Perry Franklin, states that she is hardworking, dedicated, and does not complain. Thomas Tucker. Mr. Tucker is the Plumbing and Electrical Inspector in the Planning and Inspection Department and has worked for the City for nine years. He was first hired to fill the City Plumbing Inspector's position. However, he has since taken over the position of electrical inspector and City Safety Officer. Mr. Tucker has taught evening classes at the Vo -Tech School for the past nine years and is presently the Chairman and a member of the Executive Board of Arkansas Chapter of the International Association of Electrical Inspectors. Mr. Tucker's supervisor, Harold Lieberenz, states that he has done an excellent job and should be recognized for his performance and contribution to the City's operation. Marcia Blake. Marcia is the Finance Department Secretary and has worked as full time employee with the City for one year. Previously, she worked part-time in the Water and Sewer Department. Marcia bagan full time as a PBX operator and was promoted to the Finance Department in April of 1981. She is responsible for secretarial duties to the Finance Department, and for issuing purchase orders and entering them in the purchase order log. Marcia has done an excellent job in organizing the filing system and organizing the purchase orders. She has willingly worked lunch hours and overtime when called upon. Marcia's supervisor, Scott Linebaugh, states that Marcia's drive and attitude arP remarkable. He states that she is constantly working at an all out effort, speed and ability and with never a complaint. Bert Wilson. Mr. Wilson is a light equipment operator with the Street Department and has been with the City for two years and four months. Mr. Wilson was transferred to the Street Department in April of 1981 when the Buildings and Grounds Department was disbanded. He has proved to be a valuable source of experience and knowledge in establishing the right-of-way mowing program in the Street Department. Mr. Wilson is in charge of the Vac -A11 Sweeper and is the primary operator of the Vac -A11. 277 277.1 277.2 277.3 277.4 277.5 October 6, 1981 27S He is responsible for all first line operator maintenance to this very expensive piece of equipment, as well as sweeping all the streets that one sweeper and operator is capable of sweeping. Clayton Powell, Mr. Wilson's supervisor, states that he has been an outstanding employee and well deserves recognition for his efforts. 278.1 Don Witt. Mr. Witt is a patrolman with the Police Department and has worked for the City for eleven years. Police Chief Jones states that Witt is very dedicated to his job. He is always on time for work, his attendance record is very good, and he is willing to help when there is a shortage of manpower. Witt is the type of officer who ungrudgingly answers the less exciting calls such as checking houses and businesses when occupants are away and is quick to notice anything different. He is service minded, dedicated and willingly carries out the duties assigned him by his supervisors. REZONING APPEAL/71 BYPASS/STEELE INVESTMENT 278.2 Mayor Todd introduced consideration of an appeal of a decision by the Planning Commission regarding rezoning petition R81-15 to rezone 35.58 acres from A-1 'Agricultural" to C-2 "Thoroughfare Commercial." The request was considered in a public hearing before the Planning Commission on September 28, 1981. Planning Consultant Wood recommended limited approval of the request while indicating that the western portion of the property should be designated R-0 district. A motion to approve the rezoning failed by a 3-4 vote. Mayor Todd stated that an appeal of this decision had been received from Mr. Bob Crafton of Crafton, Tull, & Associates, who was representing the petitioner, Mr. Walter Turnbow. 278.3 Mr. Crafton addressed the Board and stated that eight years ago part of this property had been rezoned to C-2. Mr. Grafton presented an enlargement of the City Zoning Map and pointed out the property in question. Crafton gave a history of the property under petition, and outlined a prior rezoning attempt which had been taken to the State Supreme Court. The Planning Commission's denial of the rezoning of the entire 39 acres to C-2 was upheld. Mr. Grafton read statements made by Judge Butt who heard the case in Chancery Court. 278.4 Mr. Crafton told the Board that a lot of changes have occurred since the last rezoning petition for this property. The location of the service road has been altered. Also, the service road that was previously proposed did not lend itself to good commercial development. Mr. Crafton pointed out that the TAC Committee had recommended the closure of the existing Southbound lane where the bypass merges with Highway 718. If this is done, the proposed service road to be constructed with the development would be the logical right turn movement. Crafton pointed out that bids were opened on September 10, 1981 for the first 6.5 miles of a proposed major bypass around Springdale. Mr. Grafton also told the Board that good ingress and egress had been provided and that traffic would be controlled by use of an accelerate and decelerate lane 278.5 Mr Crafton stated that the Planning Consultant had recommended that part of the western portion of the property be designated P-0 to provide a buffer and the petitioner was agreeable to this. 278.6 Director Lancaster asked Mr. Grafton if the road would be constructed all at one time, or if it would be constructed in segments. Mr. Crafton answered that the road would probably be built in segments. Director Lancaster answered that this would allow sufficient time for rezoning later, as development occurs, if the Board determined a rezoning was needed. 1 1 October 6, 1981 Mrs. Marlene Ray asked the Board if the entire bypass was going to be commercialized. She reminded the Board that when the bypass was constructed the citizens were informed that the bypass would not become commercialized. She also pointed out that if commercialization did occur the same problem would be generated as the one that exists on College Avenue, and another bypass would have to be built to go around all this commerciali- zation. Director Osborne stated that if access was not allowed to and from the bypass then the road would still in fact be a "bypass." He stated that the City has no control on allowing persons to build roads to connect to the bypass, as this is controlled by the State Highway Department. Mr. Crafton stated that in negotiating for this property, when the bypass was built, the highway department left an access to the bypass at 0 this location. The City Attorney stated that litigation has recently been submitted to Chancery Court on whether the City can close an access point that has been granted by the Highway Department. Director Noland stated that he felt one consideration was the availability of undeveloped C-2 land. He stated that the supply exceeds the demand at present. City Attorney McCord pointed out what he felt was the critical issue in coming to a decision. He read an excerpt from the Supreme Court Decision stating that the City intends to restrict commercial zoning on the bypass to the vicinity of mayor east -west intersections so as to avoid traffic congestion. McCord stated that the issue to be determined is that of whether the rezoning would defeat the City's comprehensive ' plant for zoning along the bypass. Mr. Crafton answered that this property is located in the vicinity of what will he a major east -west intersection. He pointed out that there will be a light at Millsap Road when traffic warrants. Director Bumpass stated that he felt the point concerning a traffic light at Millsap Road is important. He stated that it bothers him that, a light cannot be obtained for that intersection even though everyone concerned would be willing to contribute to the expense. Mr. Crafton answered that Director Bumpass was correct in that a light could not be obtained until the traffic counts warrant one. He explained that there is not enough cross traffic coming out of Millsap going east to warrant a light. However, he went on to state that eventually there will be a light there. Director Noland stated that he thought it would be justifiable to rezone the propety to C-2 so it would align with the property to the north and south of the bypass, already zoned C-2, with the remainder being R-0. Director Osborne asked if the Highway Department had approved the roadway plan and Mr. Grafton answered that they do not have to approve a roadway plan but only the access to the bypass. Director Lancaster asked if the Highway Department had approved the access to the bypass from this point and Mr. Crafton answered that it had been approved by the Highway Department. Director Osborne asked Mr. Crafton if there was no question that the decelerate and accelerate lanes will be built. Mr. Crafton answered, "Absolutely, when the road is built." Director Henry stated that she felt this rezoning was a premature thing. She pointed out that some of the property has been C-2 for eight years and is still undeveloped. She stated that she felt the Board has an obligation to protect the access to the bypass. She said she could see an R-0 zoning but not C-2, and that she felt availability should be a consideration. • 279 279.1 279.2 279.3 279.4 279.5 279.6 279.7 279.8 279.9 279.10 279.11 279.12 279.13 279.14 October 6, 1981 280 280.1 Director Osborne replied that he did not believe supply and demand should affect the rezoning decision in question. He felt the issue was the highest and best use of the land, and that he was in favor of the planning consultant's proposal to rezone the property to C-2 and R-0 as a buffer. 280.2 Director Osborne moved that the appeal be approved but modified to state that the property be rezoned to C-2, so that it would line up in a North-South line with the C-2 property to the south of the bypass and that C-2 property to the north of the bypass, with the remaining balance of the property being zoned R-0. Director Noland seconded. 280.3 Director Lancaster stated that he would agree that sometimes the planning commission and board make mistakes, but that to this date he has not seen any evidence of that being the case in this particular situation 280.4 Mayor Todd stated that he felt it would be very important to have a traffic signal to regulate the traffic. He said that he could not foresee "easy in" and "easy out." 280.5 Director Osborne stated that the property probably wouldn't be zoned C-2 until a traffic light could be obtained, but that a traffic to warrant a light could not be obtained until the property was rezoned. 280.6 Mayor Todd pointed out that some of the land in the area is already rezoned, and yet traffic has not been sufficient to install a signal light. P80.7 Mayor Todd asked the petitioner if he wished the .Board to vote on the motion to approve the appeal with a compromise and the petitioner did request a vote and expressed his consent to the compromise. 280.8 Upon roll call the motion to rezone the property to C-2 and R-0 failed by a 2-5 vote, with Director Osborne and Noland voting in the minority. Mayor Todd declared the appeal denied. LAVENDER ADDRESSES BOARD 280.9 Mr. Tom Lavender, claiming to represent Citizens for Fair Government, addressed the Board and stated that there were several persons in the audience whom he represented and he had a few comments to make. He told the Mayor he had asked to be on the agenda but was not. 280.10 Mayor Todd replied that the Board would follow the order of the agenda, but would be glad to hear comments from anyone under Other Business at the end of the meeting. 280.11 Mr. Lavender refused to sit down and Mayor Todd told him he was out of order. Upon further refusal to be seated, Mayor Todd called for a recess in the meeting. 280.12 After a short break, Mayor Todd again called the meeting to order. Director Osborne stated he would rather hear Mr. Lavender under Other Business instead of putting the item on the next agenda. Mayor Todd stated that was agreeable and asked Mr. Lavender if he would like to wait until the Other Business was discussed or if he would prefer to be on the next agenda. Mr. Lavender stated that he would wait until the end of the meeting. REZONING APPEAL II/HIGHWAY 265 (Crossover Road) 280.13 Mayor Todd introduced consideration of an appeal of a decision by the Planning Commission regarding rezoning petition R81-10. The request was to rezone 14.4 acres from R-1 "Low Density Residential" to R-2 "Medium Density Residential." The motion to approve the rezoning had failed by a 2-6 vote. This was considered in a public hearing before the Planning Commission on June 8, 1981 and the planning consultant did not recommend the rezoning for the following reasons: 1) R-2 District recommends a greater density than the General Plan October 6, 1981 111 recommends; 2) R-2 District at the location requested could commit a much greater land area to medium .-dersity residentf.11 than the current plan envisioned; and 3) the PUD ordinance will allow the type of development intended without changing the zoning. Mayor Todd stated that Frank Farrish and Ervan Wimberly were present to represent. Mr. Wimberly addressed the Board. He explained that the rezoning was denied by the Planning Commission And they were instructed to come back with a PUD plan. Mr. Wimberly explained that some single family dwellings were lost by going with a PUD. Mr. Wimberly asked that the Board either rezone the property, or give their approval of the PUD concept. He stated that Mr. Farrish would prefer 0 the rezoning so that single family dwellings would not be lost. Because CD of this, Mr. Farrish had agreed to enter into a Bill of Assurance restricting the development to no more than eight units per acre. Mr. Farrish addressed the Board. He stated that because of the 7 30% greenspace requirement of the PUD ordinance, some of the single Q family lots had to be eliminated because they do not count toward a greenspace. Mr. Farrish explained that the intent is not for a high density development. He stated that they were working toward a mixture of condominiums and single family residential and there is no zoning for this type of development. Mr. Farrish stated that the planning commission had granted a variance of the setback, and that there was unanimous support of the planning commission throughout the course of the development. The only thing the planning commission did not support was the rezoning request. III City Attorney McCord stated that the City Board does not have to approve PUDs and there is no appeal process. He stated that the issue is whether to grant the appeal from the denial of the rezoning. He explained that the appeal was timely filed, but that it had been delayed until this time so that the PUD proposal could be presented. He explained that the developer has offered to execute a.bill of assurance to limit the density, and that the decision for the Board is whether to rezone the property in accordance with this bill of assurance offered. Director Lancaster asked if the streets and sidewalks under the PUD would be built to City standards, and Farrish answered they would. Director Sharp asked how this plan was different than the one considered by the planning commission. Mr. Farrish explained that it was the same as the one submitted to the planning commission. The PUD has been approved by the planning commission, but Mr. Farrish is asking for the Board to approve the rezoning so that the single family lots will not be lost. Mr. Farrish stated that this is the first subdivision that has gone through the planning commission under the new PUD ordinance. Mr. Farrish stated that Mr. Jacks of the Planning Commission had suggested that the developer appeal the rezoning denial, or appear before the Board and ask for approval of the concept for single family dwellings with condominiums. Director Noland stated that he would prefer to approve the concept rather than rezone the property. He stated it bothered him to rezone III property that is already developed R-1. Director Osborne moved that the appeal be granted. Director Henry stated she would second the motion for purposes of taking a vote. Upon further discussion, McCord suggested that the developer go back to the planning commission and ask for a variance from the 30% greenspace requirement. This would not require engineering work or extra expenses before a decision could be made on whether to grant the variance or not. 281 281.1 281.2 281.3 281.4 281.5 281.6 281.7 281.8 October 6, 1981 282 282.1 Director Osborne withdrew his motion and moved that the concept plan presented as a PUD be app'-ived for this development, and that the Board encourage the Planning Commission to consider the reduction of the green - space requirement on this development in an effort to allow more single family dwellings. 282.2 Director Sharp stated that he did not want to tie the planning commission's hands. He said that if they chose to grant the greenspace variance, they might choose not to grant the setback variance. 282.3 McCord stated that a precedent was not being set with this, but that variances are granted on the facts of individual cases. 282.4 There being no further discussion, the motion to approve the concept as developed under the PUD ordinance, and that the planning commission consider a variance from the greenspace ordinance, was approved by a 6-1 vote, with Director Lancaster voting in the minority. 282.5 Mr. Farrish requested the Board to vote on his appeal of the planning commission's decision on the rezoning. Mayor Todd, seconded by Noland, moved that the appeal be denied. Upon roll call the motion passed by a 5-2 vote, with Directors Osborne and Bumpass voting in the minority. NOISE ORDINANCE VARIANCE APPEALS 282.6 Mayor Todd explained that a display ad was published on September 28 indicating that a series of variances from the noise ordinance had been granted. He asked the audience if there were any appeals to these variances. No comments were received from the audience. 282,7 Mr. Grimes stated that he had received a few calls on this item. One person asked the Board to consider moving up the cut-off time by one hour. Also, citizens had asked the City to see that the students do comply with the variances granted. 282.8 Director Osborne stated that he felt the students should be allowed to have parties sometime, and that he felt the variances granted were fair to everyone. However, he also reported receiving some calls in opposition to this matter. 282.9 Director Lancaster asked who would be responsible for patrolling these parties. Grimes answered that the University Department of Public Safety had agreed to do this, but would call the City police if help was needed. SWIMMING POOL STATUS REPORT 282.10 Mayor Todd stated that the Finance Director was present to give a report concerning the selection process utilized in the selection of swimming pool consultants. 282.11 Scott Linebaugh, Finance Director, stated that he was asked to review the process the swimming pool committee and Parks Advisory Board used in selecting an architect and engineer for the swimming pool project. He stated that he had concluded that the process used was very similar to that of the City's professional policy contract requirements. 282.12 Mayor Todd explained that Purchasing Agent Mackey had made some preliminary contact with builders of pools, and the initial estimates seem to indicate that there could be some potential savings. 282,13 Todd stated that a decision on how to proceed needed to be made. One avenue would be that as recommended by the finance committee, or else check and find a swimming pool vendor who could provide a "turn key" project. 1 1 October 6, 1981 283 Director Henry asked if there were any specifications written for - the pool. Ms. Melton, Chairman of the Swimming Pool Committee, answered 283.1 III that specifications needed to be written. Mayor Todd stated that the contacts made had been in terms of a pool 165' x 45' and he asked Ms. Melton if this was the size of the pool 283.2 they were considering. Mr. Tarvin of McGoodwin, Williams, & Yates stated that the pool previously considered was 165' x 65'. Mayor Todd asked how many lanes this size pool would have and Purchasing Agent Mackey replied that each lane is six feet wide. Mr. Mackey advised the Board that the present is 58' wide and 159' long. Mayor Todd stated that the purchasing agent and the swimming pool 283.3 committee should work together on further investigation. Ms. Melton stated that some specifications needed to be written 283.4 0 before any firm could give a bid on the project. Mr. Mackey stated that CD it was very important to reach a decision upon where the pool would be CD located because this would be a major factor in the price of the pool. Mr. Lashley stated that he felt it was necessary to choose a 283.5 professional to design the specifications of the pool so that it could Cr be let for bids. He stated that the committee could not design the pool Q but could give ideas and suggestions. Ms. Melton advised the Board that soil borings had been authorized 283.6 through the finance committee to aid in choosing the location. Mr. Tarvin stated these were scheduled for the week. Director Bumpass asked what the status of the Land & Water Conservation 283.7 Fund grant was, and Mr. Lashley stated that the decision on the grant should be known by the end of the month. III After furtherdiscussion, Director Henry, seconded by Sharp, moved 283.8 that the swimming pool committee and the purchasing agent work together and come back to the Board with a recommendation. Director Bumpass stated that he had problems with inviting employees 283.9 of a contractor, whether licensed engineers or not, to present an engineering proposal under the professional contract policy. He stated his reason for this was that he felt there could be a conflict of interest. He explained that the engineer could write specs that only the contractor he was associated with could bid. Mr. Grimes stated that in order to avoid this possibility, the 283.10 City could specify that the company who develops the specifications cannot bid on the project. Mayor Todd explained that bids might not be taken, but that proposals 283.11 could be accepted for a "turn key" project. Director Noland asked if the pool committee could not ask the pool 283.12 companies to submit plans for the company's standard pool and let the committee consider each. Mr. Mackey replied that the pools would differ greatly because different companies prefer different materials. Mr. Mackey recommended that proposals from engineers be accepted for the design of the pool. Mayor Todd replied that this has already been done. Mayor Todd called for a vote on the motion made by Director Henry 283.13 for the pool committee and the purchasing agent to come back to the board with a recommendation. Upon roll call the motion passed unanimously. "FRIENDLY" CHURCH CONDEMNATION RESOLUTION City Attorney McCord explained that in order to clear some title problems, the attorney for United Christian Church and himself were recommending that an eminent domain action be filed to acquire the church property for City Hospital use. Director Osborne, seconded by Henry, moved that a resolution be approved to this affect. Upon roll call the motion passed unanimously. RESOLUTION NO. 94-81 APPEARS ON PAGE 140 OF ORDINANCE & RESOLUTION 8009Q1 \, 283.14 283.15 October 6, 1981 284 SIDEWALK WAIVER REQUEST 284.1 Mayor Todd introduced a request for a waiver of the requirements of the Master Sidewalk Plan for property located on the west side of the 200 block of Happy Hollow Road. 284.2 Mr. John Stanwood of United Built Homes addressed the Board on behalf of Norma Osburn. He explained that United Built Homes has a mortgage on 100 feet of frontage property on Happy Hollow Road and that there are no sidewalks on the street within 500 feet of that property. He explained that it would be a financial hardship for Ms. Osburn to install a sidewalk at this time. 284.3 Director Noland stated that perhaps the Board could grant an extension of time for Ms. Osburn, or in effect postpone the sidewalk requirement until the City determined that one should be installed. He pointed out this has been done in the past. 284.4 Mayor Todd pointed out that immediately across the street from this property, one sidewalk has recently been built. He explained that Happy Hollow Road could someday be a major arterial street and sidewalks might be required on both sides. 284.5 City Attorney McCord explained to Mr. Stanwood that a bill of assurances would be required to run with the deed of the land stating that a sidewalk would be constructed upon the call of the City. The proposal to postpone the sidewalk requirement would be contingent upon Ms. Osburn offering the bill of assurance. 284.6 Director Noland, seconded by Osborne, moved that the sidewalk requirement be delayed, and that Ms. Osburn execute a bill of assurance agreeing to install a sidewalk upon the call of the City. SIDEWALK WAIVER/N.W CORNER OF DICKSON AND OLIVE STREETS 284.7 Mayor Todd introduced a request for a waiver of the Master Sidewalk Plan requirements for property located at the northwest corner of Olive and Dickson. The request was made by Jim Daniels, property owner. Mr. Daniels had written the Board a letter explaining his objections to the sidewalk requirement. 284.8 Mr. Daniels addressed the Board. He stated that there is a deep ravine on Dickson which would make it very difficult and impractical for a sidewalk. He explained to the Board that his budget will not allow the expenses of the sidewalk at the present time. Also, he stated that there should be more coordination between the City and utility companies. 284.9 After discussion, Director Sharp stated that he felt it would not be fair to require a sidewalk on Dickson where the ravine is located, but that he feels sidewalks are needed on Olive Street. He moved that a sidewalk be required on Olive Street, and that the sidewalk requirement be postponed for Dickson Street until the City feels it is needed. 284.10 Director Lancaster moved that the request for a waiver be denied. The motion died for lack of a second. 284.11 Director Bumpass moved that sidewalks be required on Olive Street, and that the requirement for sidewalks on Dickson Street be postponed until the City determines that they are needed. Director Sharp seconded. 284.12 Director Henry moved to amend the motion so that the sidewalk would be required on Olive Street, but that the requirement for a sidewalk on Dickson Street be waived. Director Osborne seconded. Upon roll call the motion passed by a 6-1 vote, with Director Bumpass voting in the minority. 284.13 Mayor Todd then called for a vote on the amended motion. Upon roll call the motion passed by a 6-1 vote with Director Osborne voting in the minority. 1 October 6, 1981 285 "JUST COMPENSATION"/CORNER OF ROCK AND CHURCH AVENUES Mayor Todd introduced consideration of "just compensation" for 285.1 III property at the northwest corner of Rock Street and Church Avenue. City Attorney McCord stated that he had visited with Walterms, 285.2 Niblock, attorney for the Lewis', and had also visited with-tire.fLewis. McCord stated that it was his understanding that the Lewis' would prefer not to give up their home, but that if a majority of the Board is in favor of acquiring the property, that they would not force a condemnation and would agree to sell the property for a settlement of $72,500 as a purchase price. Mr. McCord stated that this price is in the middle range of four appraisals. Mr. Rick Mason, Director of Community Development, explained the 285.3 procedure for using CD funds for this purpose. 0 Director Osborne, seconded by Noland, moved that the CD Director 285.4 CD be authorized to make an offer to the Lewis' in the amount of $65,000, CD and have the authority to negotiate settlement not to exceed $72,500. Director Sharp stated that he had reservations about purchasing 285.5 7 this property at the present time. He explained that it was not certain Q that the site would be needed for a temporary structure in which to Q house city offices while renovation was being carried on in City Hall, and that he also felt this was not the best use for Community Development funds. Director Bumpass asked if this property would have to be used for 285.6 anything specific if purchased by the City. CD Director Mason answered that it would have to be used for municipal purposes. Director Noland stated that he felt that as long as the municipal 285.7 1 court, police department, and City Hall were located in the area they now are located, that this property is needed and there is Justification for proceeding with acquisition of the property. Mayor Todd asked for a roll call on the motion made, and the motion 285.8 passed by a 6-1 vote with Director Sharp voting in the minority. PROPERTY APPRAISALS/1019 and 1027 S. RAZORBACK ROAD Mayor Todd introduced consideration to authorize the Community 285.9 Development Department to have appraisals made of the structures/ property at 1019 and 1027 S. Razorback Road. These structures are in poor condition and need to be removed. The property is now needed for right-of-way purposes. Mr. James Baker addressed the Board and stated that he did not under- 285.10 stand why the road would have to go in the direction that it would require the removal of these structures. He pointed out there is less than one acre of land. City Manager Grimes stated that this is the best route because the 285.11 relocation of major utilities can be avoided. Mrs. Baker asked the Board if she would be paid enough money for her 285.12 property to replace her home. She explained that she is totally blind, and is already familiar with her existing home. To move to another house would require relearning her way around. Director Sharp stated that if the property is taken by eniment domain, 285.13 that the City has a moral obligation to reconstruct or move the house for Mrs. Baker. Mayor Todd asked if the house could be moved and Mr. Baker stated 285.14 that it is a rock house and could probably not be moved. CD Director Rick Mason stated that in addition to the purchase price 285.15 of the property, there can also be relocation expenses paid in an amount up to $15,000 additional. 285.16 Mr. Grimes told the City Board that he did not feel that the City October 6, 1981 286 should have to pay for the relocation of utilities that do not belong to the City. He pointed out the City was spending more on right-of-way acquisition. He asked the Board for permission to discuss this matter with the State Highway Department and the Board granted him permission. 286.1 Director Bumpass, seconded by Lancaster, moved to authorize the CD Department to have appraisals made on the property and structures at 1019 and 1027 S. Razorback Road. Upon roll call the motion passed unanimously. 286.2 286.3 286.4 286.5 286.6 286.7 286.8 286.9 FLUORIDATION Mr. Tom Lavender addressed the Board and stated that he represented the Citizens for Fair Government and that they wished to express some ideas to the Board. Mr. Lavender stated that the Citizens of Fair Government are not willing to accept a regional jail. They feel it would be more economical for cities and counties to have their own Jails. Also, he stated that they feel there are some problems with the Emergency Medical Service and that the City and County should form their own service. He asked the City to make an obvious effort to support the emergency medical service. Mr. Lavender stated that he also wished to discuss the fluoridation for the City water supply. He contended that there are a lot of people in the City that do not understand the fluoridation process. He stated that fluoridation has not been proven to be beneficial. Mr. Lavender stated that this topic was promoted on the basis that it would cost $93,000. However, the government agreed to make a grant of $226,000 to install the system. Mr. Lavender stated that it would cost approximately $20,000 per year to maintain the system. Mr. Lavender asked the Board to postpone fluoridation of the water for at least another year because of the controversy of this issue. Mrs. Carmine Pitts asked the Board if they had voted to fluoridate the water, and Mayor Todd explained that he believed the Board had voted to fluoridate the water and an election was then called for this issue and the vote was 4,797 for fluoridation and 2,111 against. Mrs. Pitts stated that she did not feel it should be the responsibility of the citizens to get petitions signed in an effort to have this placed before the voters again, but that the Board should bear the responsibility. Mayor Todd explained that the burden of overturning the vote of the people lies with someone who disagrees with that decision. Mayor Todd asked if there was a motion from the Board on this issue, and no motion was received. SIDEWALK REHEARING/SOUTHEAST CORNER OF HIGHWAYS 45 EAST AND 265 NORTH 286.10 Mayor Todd introduced a request for a rehearing regarding a waiver of the Master Sidewalk Plan requirement for property located at the southeast corner of Highways 45 East and 265 North. Director Sharp had requested the rehearing, and it would require unanimous consent of the Board to reconsider this item. 286.11 Director Sharp explained that he, John Purtle, and Ervan Wimberly had been out to this area and looked it over in an effort to try and come up with something to help pedestrian traffic in the area. Mr. Purtle has agreed to build a sidewalk and prefab concrete bridge across the ditch if the sidewalk requirement on 265 is waived. Director Sharp explained that there is not enough room on the east side of Hwy 265 along this property for a sidewalk, but there is a sidewalk on the west side of Hwy 265. Mr. Sharp stated he felt this is a reasonable compromise 1 October 6, 1981 287 since the pedestrians can either use the sidewalk on the west side of Highway 265 or walk on the parking lot. Director Bumpass, seconded by Sharp, moved to rehear the issue. 287.1 Upon roll call the motion passed unanimously. Director Sharp, seconded by Bumpass, moved to approve the proposal 287.2 as outlined. Upon roll call the motion passed by a 6-1 vote with Director Lancaster voting in the minority. SIDEWALK WAIVER REQUEST/2741 CITY LAKE ROAD Mayor Todd introduced a request for a waiver of the requirements of the Master Sidewalk Plan for property located at 2741 City Lake Road. A request had been received from Larry Gabbard requesting the requirement for a sidewalk at 2741 City Lake Road be waived. He stated O that the nearest sidewalk to his lot is over a mile to the north and that cn foot traffic is very minimal along this road. He also stated that this would be an economical hardship for him at this time. Director Osborne, seconded by Noland, moved that the requirement 287.5 be postponed until the City decides the walk is needed, and that Mr. Q Gabbard execute a bill of assurance: to this affect. Upon roll call the motion passed by a 5-2 vote, with Directors Bumpass and Todd voting in the minority. AIRPORT FIXED BASE OPERATOR LEASE Mayor Todd introduced a resolution authorizing the Mayor and City Clerk to execute a proposed F.B.O. lease with Fayetteville Flying Service whereby aircraft and aviation related services will be provided at Drake Field. This was approved by the Airport Committee. Director Osborne, seconded by Henry, moved that the resolution be approved. Upon roll call the motion passed unanimously. RESOLUTION NO. 95-81 APPEARS ON PAGE 1lc( OF ORDINANCE & RESOLUTION BOOK X 11 LEASE MODIFICATIONS Mayor Todd introduced a resolution approving proposed additions to the City's lease with Scheduled Skyways, Inc. to provide for aircraft parking space, automobile parking space, and the land now occupied by Skyways' fuel farm. Mayor Todd pointed out that this was approved by the Airport Committee. Director Henry, seconded by Larcaster,moved that the resolution be approved. Upon roll call the motion passed unanimously. RESOLUTION NO. 96-81 APPEARS ON PAGE el '1 OF ORDINANCE & RESOLUTION BOOKX 11 MODIFICATIONS TO AIRLINE LEASES FOR RENTALS AND CHARGES Mayor Todd introduced a resolution approving proposed modifications to leases with Scheduled Skyways, Inc. and Frontier Airlines to increase facility user charges. Mayor Todd explained that this had been considered by the Airport Committee and approved. Director Lancaster, seconded by Henry, moved that the resolution be approved. Upon roll call the motion passed unanimously. RESOLUTION NO. 97-81 APPEARS ON PAGE 610 OF ORDINANCE & RESOLUTION BOOK RESOLUTION NO. 97-81A APPEARS ON PAGE OF ORDINANCE & RESOLUTION BO AIIIT 287.3 287.4 111 287.6 287.7 287.8 287.9 2.87.10 287.11 287.12 287.13 October 6, 1981 28S AIRPORT RESTAURANT LEASE 288.1 Mayor Todd introduced a resolution authorizing the Mayor and City Clerk to execute a proposed assignment and modification of the Airport Restaurant Lease. This was recommended by the Airport Committee. 288.2 Director Henry, seconded by Osborne, moved that the resolutions be approved. Upon roll call the motion passed unanimously. RESOLUTION N0. 98-81 APPEARS ON PAGE OF ORDINANCE & RESOLUTION BOOK XII FAA LEASES 288.3 Mayor Todd introduced a resolution authorizing the execution of leases with the Federal Aviation Administration for space now occupied in the Flight Service Station and in the Old Terminal Building. This was recommended for approval by the Airport Committee. 288.4 Director Osborne, seconded by Henry, moved to approve the resolution. Upon roll call the motion passed unanimously. RESOLUTION NO. 99-81 APPEARS ON PAGE 2I1 OF ORDINANCE & RESOLUTION BOOK X ll COMPUTER CONSULTANT 288.5 Mayor Todd introduced a resolution authorizing execution of a contract for consulting services concerning the City's Fund Management System, Utility Billing System and General Computer Operations. The total amount is $2,275.00. This was approved by the Finance Committee. 288.6 Director Noland asked if alternative consultants were interviewed and asked to submit proposals for this work. Finance Director Linebaugh explained that the service is for less than $5,000, therefore, the professional contract policy does not apply and this is not necessary. Finance Director Linebaugh explained that no more than $2,275.00 would be spent without permission by the Board. 288.7 Director Osborne, seconded by Todd, moved that the resolution be approved. Upon roll call the motion passed by a 5-1-1 vote, with Director Bumpass voting in the negative, and Director Noland abstaining. RESOLUTION NO. 100-81 APPEARS ON PAGE a a9 OF ORDINANCE & RESOLUTION BOOK All NOMINATING COMMITTEE REPORT 288.8 Director Henry nominated the following persons to fill vacancies on the City Hospital Board of Control, Community Development and Housing Committee, Electrical Licensing Board, and Police Pension Fund Board. 288.9 CITY HOSPITAL BOARD OF CONTROL: The unexpired term of Bob Fairbanks, ending January 1, 1983: the appointment of E.B. Cypert. 288.10 COMMUNITY DEVELOPMENT & HOUSING COMMITTEE: For the two positions which had been allocated to the University campus area: since these vacancies were advertised for twice, without any applicants, the recommendation is to eliminate these two positions and reduce the total number of committee positions by that number. 288.11 ELECTRICAL LICENSING BOARD: The positions previously held by Oscar Titus and Jimmy Hill, ending October 1, 1983: the appointment of Bert Rakes and James McGinty. 288.12 POLICE PENSION FUND BOARD:The positions previously held by Dan Epperly and Dr. James Mashburn, ending October 1, 1983:the reappointement of Dan Epperly and Dr. James Mashburn. Director Osborne, seconded by Bumpass, moved that these nominations 288.13be approved. Upon roll call the motion passed unanimously. 1 October 6, 1981 PROPERTY CLEAN-UP Mayor Todd introduced an ordinance authorizing abatement proceedings for a dilapidated, unsitely and unsafe house at 1899 Custer Lane. City Attorney McCord stated that the property has changed hands and he is recommending that the ordinance be amended to refer to the present owner and that he be given thirty days to raze the delapidated building. McCord stated that he has written to the property owner asking him to contact him and give him his plans for the building. City Attorney McCord read the ordinance for the first time. Director Osborne, seconded by Noland, 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. 0 Director Osborne, seconded by Henry, moved that the rules be 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. Mayor Todd asked if the ordinance should pass. Upon roll call the Q ordinance passed unanimously. 289.5 289 289.1 289.2 289.3 289.4 ORDINANCE NO. 2761 APPEARS ON PAGE SCS OF ORDINANCE & RESOLUTION BOOK X(/ 1981 CD SIDEWALK PROGRAM Mayor Todd proposed that the Board request that a sidewalk on the east side of Mission from Woodlawn to North Street be included in the 1981 Community Development Sidewalk Program. Mayor Todd stated a house is being rehabilitated in this area and the area badly needs sidewalks. Director Henry, seconded by Sharp, moved that the walk be included in the 1981 Community Development sidewalk program. Upon roll call the motion passed unanimously. HOUSING REHABILITATION Mayor Todd introduced a staff request for Board approval of a recently anticipated $600 housing rehabilitation cost over -run. This house is located on Mission. Director Osborne, seconded by•Henry, moved that this be approved. Upon roll call the mot=thii..passed 6-1, with Director Bumpass voting in the minority. PARKING REVENUE BONDS City Attorney McCord read an ordinance authorizing the issuance of parking revenue bonds to finance construction of a parking facility to serve the CEC and downtown area. Director Osborne, seconded by Todd, 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. Director Osborne, seconded by Henry, moved that the rules be 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. There being no discussion, Mayor Todd called for a vote on the ordinance. The ordinance passed by a 6-0 vote, with Lancaster absent upon roll call. ORDINANCE NO. 2762 APPEARS ON PAGE if& OF ORDINANCE & RESOLUTION BOOK X IJ 289.6 289.7 289.8 289.9 289.10 289.11 289.12 289.13 October 6, 1981 290 BID AWARD/ICE MACHINES 290.1 Mayor Todd introduced a bid award for ice machines. Director Noland, seconded by Osborne, moved that this bid be awarded to Ozark Restaurant Equipment, the low bidder. Upon roll call the motion passed unanimously. BID AUTHORIZATION FOR FIRE/CRASH/RESCUE UNIT 290.2 Mayor Todd introduced the consideration of approval of specifications and authorization to advertise for bids for a Fire/Crash/Rescue Unit for Drake Field. The estimated cost is S250,000;90% federal and )0% local funds. This was approved by the Fire and Police Committee 290.3 Director Bumpass, seconded by Osborne, moved that the specifications be authorized and the City advertise for bids. Upon roll call the motion passed unanimously. BID AWARD FOR PURCHASE OF SANITATION CONTAINERS 290.4 The recommendation was to award the bid to Lodal, Inc. City Manager Grimes explained that the City purchases these units and then resells them to the commercial institutions. Mayor Todd suggested that perhaps the City should charge a small 290.5 amount over the cost to cover administrative services. 290.6 Director Bumpass, seconded by Noland, moved that the bid be awarded to Lodal, Inc. Upon roll call the motion passed unanimously. OTHER BUSINESS AMERICAN AIR FILTER/ALLIS-CHALMERS 290.7 City Attorney McCord explained that last March the City authorized a memorandum of intent for an expansion of American Air Filter Plant. Since that date Allis-Chalmers has purchased American Air Filter and they are requesting that the memorandum be amended to reflect that the bonds will be issued on their behalf in the amount of six million dollars. Director Bumpass, seconded by Osborne, moved that a resolution be 290.8 passed amending the memorandum of intent. 290.9 Upon roll call the motion passed unanimously. RESOLUTION NO. 101-81 APPEARS ON PAGES a o GLOF ORDINANCE & RESOLUTION BOOK XII RELEASE OF PLEDGED SECURITIES 290.10 McCord explained that Finance Director had asked the Board to authorize the Finance Director and City Manager to execute as the need arises, a release of securities to the federal reserve bank. He explained that this was necessary as part of the investment policy. 290.11 Director Osborne, seconded by Bumpass, moved that the request be approved. Upon roll call the motion passed unanimously. RESOLUTION NO. 131-81 APPEARS ON PAGE % OF ORDINANCE & RESOLUTION BOOK XII UNDERGROUND ELECTRICAL AGREEMENT/SWEPCO 290.12 City Manager requested authorization for execution of an underground electrical agreement with SWEPCO for the new underground service that is being installed at Walker Park. 290.13 Director Bumpass, seconded by Osborne, moved the authorization be granted. Upon roll call the motion passed unanimously. October 6, 1981 291 291.1 ADVERTISING & PROMOTION Director Todd, seconded by Osborne, moved that an appropriation of $2,500 be approved to Square I activities from the,\Advertising & Promotion Fund. Upon roll call the motion passed unanimously. "Square I" is a two day celebration to be held October 30 and 31 to celebrate the grand opening of several establishments on the square. SOLID WASTE MEETING Director Henry reported that the Solid Waste Committee will meet on November 5, 1981. PERFORMING ARTS CENTER Director Sharp stated that for every person who registers with the First National Bank at their grand opening, the bank will donate $1.00 to the fund for Performing Arts Center. He encouraged everyone to visit the First National Bank and register. SIDEWALK/HAPPY HOLLOW ROAD Mayor Todd stated that he felt only the east side of Happy Hollow Road should have a sidewalk at this point and time. Mayor Todd, seconded by Bumpass, moved that in the CD progam, a sidewalk be constructed on the east side only, north of the highway. Upon roll call the motion passed unanimously. CHANGE IN DATES OF MEETINGS Director Bumpass, seconded by Osborne, moved that the Board meetings scheduled for January 19, 1982 and February 16, 1982 be changed to January 18th and February 15th because of Razorback basketball games. Upon roll call the motion passed by a vote of 6-0, with Director Sharp abstaining. MINUTES The minutes of the September 15 meeting were approved as submitted, with the fallowing correction. Paragraph 273.2 should read: "Upon discussion which reflected the Board's sidewalk will be constructed at the next phase of Director Osborne suggested passing the ordinance, effective until 31 days from date of publication, for Marshalltown Tool could be issued before that expectation that the expansion by Marshalltown, which would not become and the building permit 31 days expired." ADJOURNMENT There being no further discussion, the meeting adjourned at 12:15 a.m. 291.2 291.3 291.4 291.5 291.6