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HomeMy WebLinkAbout1981-11-03 MinutesNovember 3, 1981 316 316.1 David Lashley of the Parks and Recreation Advisory Committee stated that he would like for the Board to make a definite decision on how the engineer would be contracted with, at what time, and other items of this nature. 316.2 Director Noland stated that he thought it had been the consensus of the Board that the swimming pool committee had gone through the same selection process as the City's professional contract policy required. 316.3 Ms. Melton explained that this was only through the HCRS grant, and that anything over and above that had not been decided. 316.4 Mr. Lashley asked the Board to appoint one of its members to serve on the Parks and Recreation Advisory Board. Mayor Todd stated that the Board would give this some though and report back to them. NOMINATIONS 316.5 Director Henry gave a report from the Board Nominating Committee regarding appointments to the Board of Adjustment and the Civil Service Commission. 316.6 Director Henry, seconded by Osborne, moved that the following appointments be made. 316.7 Board of Adjustment:for the unexpired term of Larry R. Smith, ending April 1, 1985:the appointment of Dennis Becker. 316.8 Civil Service Commission:for the unexpired term of Frank Prassel, ending April 1, 1982:the appointment of Howard Brill. Upon roll call the motion passed unanimously. BID AWARD/BICYCLE ROUTE SIGNS 316.9 Purchasing Agent Mackey had recommended award of this bid to the low bidder. 316.10 Assistant City Manager McWethy explained that the bid is for a firm six month contract period; and that the subsequent purchase orders issued under this contract might cause the total purchase amount to exceed the $2,500.00 budgeted. A copy of the bid tabulation is in the Director's agenda. 316.11 Director Todd, seconded by Osborne, moved that the bid be awarded as recommended. Upon roll call the motion passed unanimously. UTILITY SETTLEMENT 316.12 Mayor Todd introduced a resolution authorizing the settlement of utility relocation costs for Southwestern Bell, in connection with the North Street and Garland Avenue street widening project. 316.13 Mr. Grimes stated that he and the Finance Director had studied this very thoroughly and they were convinced that the City does owe this $67,506.67 316.14 Director Henry, seconded by Sharp, moved that this resolution be approved 316.15 Upon roll call the motion passed unanimously. RESOLUTION NO.4,R-S(j APPEARS ON PAGEa & OF ORDINANCE & RESOLUTION BOOK Ail OTHER BUSINESS 316.16 SALVATION ARMY PROPERTY Administrative Assistant McWethy stated that Community Development would like authorization to have the Salvation Army property on Rock Street appraised for possible acquisition. Director Osborne, seconded by Todd, moved that authorization be given. 316.17 Upon roll call the motion passed by a 5-1 vote, with Director Sharp voting in the minority. • 304 November 3, 1981 MINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Fayetteville City Board of Directors was held on Tuesday, November 3, 1981, at 7:30 p.m. in the Board of Directors Room, City Administration Building, Fayetteville, AR, 72701. PRESENT: Directors Noland, Osborne, Sharp, Todd, Bumpass (arrived 7:50), and Henry; City Manager Grimes, City Attorney McCord, Assistant City Manager McWethy; and City Clerk Koettel. Members of the press and audience. ABSENT: Director Ernest Lancaster 1 CALL TO ORDER 304.1 Mayor Todd called the meeting to order and asked for a moment of respectful silence. Mayor Todd stated that Director Lancaster was in the hospital, and he was wished a speedy recovery. EMPLOYEE OF THE MONTH AWARDS 304.2 Employee of the Month awards were awarded for the month of October, 1981, to the following five persons. Mayor Todd presented each with a check for $100 and a certificate. He made the following comments. 304.3 Mark B. Hanna. Mark Hanna is a patrolman in the Police Department and has worked for the City for four years. He began as a dispatcher in 1977 and in June of 1978 became an officer. Officer Hanna has served as Public Information Officer, speaking to numerous groups, public schools, and members of the business community. Much of this work has been on his own time. Officer Hanna's work record reflects his dedication to law enforcement and to the public. 304.4 Paul E Harrison. Paul is a heavy equipment operator for the Public Works Department and has been employed by the City for fourteen years and eight months. 304.5 Clayton Powell, Paul's supervisor, made the following comments. "Paul has always applied himself and has progressed to his present classification of heavy equipment operator. He is a proficient operator of multiple pieces of light and heavy equipment. He is as much at home on a bull dozer as he is on a tractor, backhoe, and end loader. He can carry a rough or finish grade as needed on any construction project." 304.6 Paul is on the emergency recall roster for emergency call-back. He is always involved in overtime projects such as sweeping the square, building temporary taxiways and parking space at the airport for the Texas game or cleaning up Dickson Street before, during, and after the Texas game. 304.7 Ben Jamerson. Mr. Jamerson is the Transmission and Distribution Superintendent and has been employed by the City for twenty five years. 304.8 Mr. Jamerson began working for the City in the Water and Sewer Department in 1956. Over the years he has worked as a laborer, Water Plant Operator and Crew Foreman. Mr. Jamerson was promoted to Transmission and Distribution Superintendent in November of 1980. 304.9 Mr. Jamerson has always been an outstanding and dedicated employee throughout his service with the City, but his supervisor, Don Bunn, states that his performance during the past year has been exceptional. He has shown very good leadership and managerial abilities during his first year as Superintendent. This is indicated by improved moral in the division and personnel turnover has been non-existent during the past year in a division which has had a high turnover rate. November 3, 1981 Mike Lawrence. Mike was employed by the City in May of 1970 and was promoted to the position of Pollution Control Plant Superintendent in August of 1973. His responsibilities include the operation of a 10 million gallons per day activated sludge sewage treatment plant and the supervision of 18 employees. Mike's supervisor, Don Bunn, states that Mike has done an outstanding job as plant superintendent over the years and was voted outstanding Wastewater Manager of the year in 1978 by the Arkansas Water and Wastewater Operators Association. Mike has done an excellent job of operating the plant under some very difficult circumstances over the last couple of years and particularly over the past summer. These circumstances include having to deal with the pressure of close scrutiny of the general public, the State, and EPA; and having to O deal with a sewage influent which was very hard to treat. Paul Wood. Paul has worked for the City for seventeen years. During the first ten years of employment he did not miss a day of work because of illness and has used very few days since that time. Paul is an employee who needs very little supervision; never complains about his assignment; and is always willing to work over when needed. We have had very few, if any, complaints about this officer. He is always prompt to arrive for work and for court. He has a good working relation with fellow employees. 1 305 305.1 305.2 305.3 305.4 DOWNTOWN PARKING Mayor Todd explained that at the last Board meeting the Directors referred 305.5 this item to a committee to try and determine whether more long-term (all day) parking spaces should be established; if so, where; and whether parking rates and penalties for violations should be revised. As a result of a public meeting held on October 28, at which representatives in the audience of both downtown merchants and workers voiced their opinions, it was the apparent consensus of the commitee that: Forty spaces of combination long-term/short-term parking should be created 305.6 in the lot north of Center Street, west of First Place. There are currently five rows of parking in this lot. Row 1 is served by the alley along First Place; Rows 4 and 5 are gated parking. The committee's proposal is to install immediately, at the north end of Rows 2 and 3, meters that will accomodate up to ten hours of parking, at the current rate of 5¢ per hour, with the rates to be raised to 10¢ per hour around the first of the year. If this lot and the one at the southwest corner of Church and Center 305.7 appear to be consistently full, indicating that the greater demand is for long-term rather than short-term parking, then (and only then) similar combination short-term/long-term meters should be installed on the west two rows of the Campbell -Bell lot. The parking fines for; metered parking spaces should be increased to $2.00 305.8 each, provided they are paid before a summons is issued. If a summons is sent, it is to include an additional $3 per ticket penalty. The parking fines for violation of the two hour free parking around the 305.9 Square should remain at $2 per ticket, but that an additional "habitual offender" penalty of $50 be levied for the sixth such ticket received in any one calendar month. The committee as a whole did not reach an expressed consensus on parking 305.10 rates, although there was considerable discussion about raising them around the first of the year to a uniform 10¢ per hour for metered spaces and $20 per month for gated parking. Director Osborne, a member of the committee that had considered this, reported305.11 to the Board and audience. He explained that one of.bhe biggest problems was employees parking on the square and not leaving the spaces for customers of the merchants. He said that he was recommending an habitual offender ordinance November 3, 1981 30h which would be a regular fine for the first five tickets in a month, with an additional penalty of $25.00 for the sixth violation through the tenth violation, and $50.00 for ticket number eleven and up. He recommended that the penalty for tickets six through ten be a minimum of $25.00 and a maximum of $500, and for tickets number eleven and up, a fine of a minimum of $50 and a maximum of $500, plus impoundment or towing beginning with violation six at the discretion of the City. 306.1 Director Osborne stated that it was recommended that parking be raised to 102 per hour, which would be approximately $1.00 for a workday Also, the fines would be $2.00 if paid before a summons is issued, and $5.00 after a summons is issued 306.2 Director Osborne stated that the committee had recommended that the back row of Campbell -Bell lot would be converted to long-term parking when the First Place lot and the lot at the southwest corner of Church and Center appear to be consistently full. Director Osborne stated that one way of defining consistently full would be: when forty spaces at the First Place lot are consistently filled to 80% capacity for two full weeks without interruption, excluding weekends. That shall be determined by using the following method: vehicle counts made twice per day, once in the morning and once in the after- noon. These will be added together and divided by two to obtain the average for the day. When the running average yields two five day consecutive periods of at least 32 cars then the additional 46 spaces behind Campbell -Bell will be authorized for long-term parking. Director Osborne stated that he did not feel this definition should necessarily be Board policy, but that the staff could consider using it as their policy if so desired. 306.3 Mayor Todd asked if there was any consideration given to waiting until January 1, and - Director Osborne stated that everyone was in favor of expanding the long-term parking behind Campbell -Bell as soon as the other lots are filled. 306.4 Also, there was a recommendation to go to $20 per month for gated parking effective the first of the year. 306.5 City Attorney McCord read an ordinance incorporating the suggestions outlined above. 306.6 Director Osborne, seconded by Henry, moved that the rules be suspended and the ordinance placed on second reading. Upon roll call the motion passed 5-0, with Director Bumpass absent upon roll call. The City Attorney read the ordinance for the second time. 306.7 Director Noland, seconded by Osborne, moved that the rules be further suspended and the ordinance placed on third and final reading. Upon roll call the motion passed by a 5-0 vote, with Director Bumpass absent upon roll call. The City Attorney read the ordinance for the third time. 306.8 Director Osborne, seconded by Henry, moved that the ordinance be amended to state that the fine for metered spaces would be $2.00 up until the time a summons is issued, and after that it would become $5.00. Upon roll call the motion to amend passed by a 5-0 vote, with Bumpass absent. 306.9 Mayor Todd asked for discussion from the audience and Mr. Bill Gould of Mcllroy Bank addressed the Board. He stated that he objected to the doubling of the fees. Also, he stated that he felt people would leave gated parking if it was increased to $20 per month, and park elsewhere on the square. 306.10 Director Osborne explained that the committee felt the gated parking should be the same as metered because with gated parking there is an advantage of always having a reserved place. The proposal would make short-term and long-term parking fees the same. 1 1 1 November 3, 1981 307 Ms. Fulton, a member of the audience, stated that if a need developed III to use the lot behind Campbell -Bell for long-term parking, then she felt it should go back to the committee and the Board agreed. Director Bumpass stated that he had had second thoughts about raising the gated parking to $20 in one step. He suggested doing this in a graduated way, perhaps an increase to $15.00 at the first of the year and then $20.00 later on. He stated that he felt the persons buying gated parking deserve a break because theybuy in advance. Director Bumpass, seconded by Noland, moved that the fee for gated parking be $15.00 effective January 1, 1982 and $20.00 per month effective July 1, 1982. Director Osborne stated that $20.00 per month for gated parking is 0 comparable to 10t per hour for long-term parking. Upon roll call the motion failed by a 2-4 vote, with Directors Bumpass and Noland voting in the minority. OJ Mayor Todd called for a vote on the amended ordinance. Upon roll call 7 the ordinance passed by a unanimous vote. Q ORDINANCE NO. 2769 APPEARS ON PAGE 63 OF ORDINANCE & RESOLUTION BOOK %(// HILTON BONDS Mayor Todd introduced a request to increase the issuance of Tourism Revenue Bonds at an annual interest rate higher than 10%, for the Fayetteville Hilton. City Attorney McCord pointed out that the going rate for such bonds now exceeds the 10% limit contained in the original authorizing ordinance; and that the hotel developers are asking that the bond issuance be raised to $10,000,000, the maximum allowed by Internal Revenue Service regulations. City Attorney McCord read an ordinance to this affect. Director Osborne, seconded by Henry, moved that the rules be suspended and,the ordinance placed on second reading. Upon roll call the motion passed unanimously, and the City Attorney read the ordinance for the second time. Director Osborne, seconded by Bumpass, 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. Mayor Todd asked for discussion from the Board or audience. There being none, the Mayor asked if the ordinance should pass. Upon roll call the ordinance passed 5-0-1, with Director Sharp abstaining because he -wasn't on the Board when the memorandum of intent was approved. ORDINANCE NO. 2770 APPEARS ON PAGE 696 OF ORDINANCE & RESOLUTION BOOK )C// FIRE CLASS RATING Mayor Todd introduced consideration of a recommendation concerning improvements to the Fayetteville Fire Department to secure a better fire class rating for the City. The proposal before the Board would earmark $25,000 to purchase additional equipment and other items, with the implicit assurance from ISO that once these improvements are completed the City will qualify for a "Class 4" fire rating. Preliminary indications from area insurance companies indicate that the rating change would mean a decrease of up to 10% in the fire insurance premiums paid by typical homeowners, with corresponding reductions on commercial and industrial policies. Director Osborne, seconded by Henry, moved that the resolution authorizing the implementation of provisions contained in the letter from Insurance Services Office of Arkansas (director's agenda) be approved, and that a budget adjustment of $25,000 be made. 307.1 307.2 307.3 307.4 307.5 307.6 307.7 307.8 307.9 307.10 307.11 307.12 307.13 November 3, 1981 308 308.1 Upon roll call the motion passed unanimously. 308.2 City Manager Grimes stated that he would like to commend Assistant City Manager McWethy in pursuing this. Mr. Grimes stated that Mr. McWethy had worked diligently on this and had refused to take "no" for an answer. The Board expressed their appreciation to Assistant City Manager McWethy for his work on this. RESOLUTION NO. it .pAPPEARS ON PAGE A6'1 OF ORDINANCE & RESOLUTION BOOK.AII MUSIC FESTIVAL 308.3 Mayor Todd introduced a report from the Advertising & Promotion Commission regarding the appropriation of $5,000 toward the costs of a Sumner Music Festival. 308.4 Director Sharp stated that on October 25 the Advertising and Promotion Commission met and passed (by a 3-2 vote) the recommendation above. Voting for the request were Commissioners Cearley, Zisner, and Sharp, Todd and Bumpass were in the minority. 308.5 Director Sharp explained that this is a continuation of the Allegehney Music Festival. He stated that this program will be in cooperation with the City of Fayetteville Advertising and Promotion Commitee, the University of Arkansas Council of Arts, and local money. He reported that this has been very successful in Pennsylvania. 308.6 Mayor Todd explained that this item did not require Board action. He told the audience that the money is from the motel, hotel, and restaurant tax that was passed four or five years and that the Advertising & Promotion Committee has the responsibility for spending these funds. He also stated that the two negative votes were not opposed to the concept of the music festival, but only to the amount of money appropriated. STREET ABANDONMENT/AREA OF 122 and 124 SOUTH STREET 308.7 Mayor Todd introduced consideration of a request by Euna Sisemore for the abandonment of a portion of the street right-of-way in the area of 122 and 124 West South Street. City Attorney McCord stated that the City Manager and Street Superintendent 308.8 concur in this request, with the agreement that 4.5 feet off of the Southern portion of the street being vacated be reserved as street easement for future street widening of South Street. 308.9 City Attorney McCord read an ordinance vacating a portion of South Street. 308.10 Director Noland, seconded by Bumpass, 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. 308.11 Director Todd, seconded by Bumpass, 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. Mayor Todd asked for comments or discussion fromthe Board or audience. 308.12There being none, Mayor Todd asked if the ordinance should pass. Upon roll call the ordinance passed unanimously. ORDINANCE NO. 2771 APPEARS ON PAGE (p 7 OF ORDINANCE & RESOLUTION BOOK XI) SIDEWALK WAIVER/AMERICAN AIR FILTER 308.13 Mayor Todd introduced a request by Director Henry for reconsideration by the Board of an appeal by American Air Filter from the literal provisions of the Master Sidewalk Plan. Mayor Todd explained that any director who votes in a majority on an issue can request reconsideration of that issue. Director Henry explained that she voted against this waiver the last 308.14time it was considered, but that she had a request to state that some of the November 3, 1981 p. number 309 and 310 deleted 311 information given at that time was incorrect. She stated that instead of the cost of the sidewalk being $12,000, it had been determined that it will be III nearer $45,000. Director Osborne, seconded by Noland, moved that the sidewalk requirement 311.1 be postponed until the call of the City, and that after the notification by the City that American Air Filter have a period of no more than twelve months for the sidewalk to be installed. Director Osborne asked the manager of American Air Filter if this would 311.2 be acceptable and he replied that it would. Mr. Hughes, Plant Manager, explained that American Air Filter had made 311.3 a mistake in coming up with a price based strictl.y.on the cost of the sidewalk itself, and not considering the necessary earthwork. He stated that the earthwork would cost three to four times the cost of the sidewalk. 0 Mr. Grimes told Mr. Hughes he would like an opportunity to visit with him 311.4 0) about the earthwork before the walk is built. He stated that this much earthwork might not be a necessity. Director Sharp stated that this expansion was being financed with Act 9 311.5 7 bonds, and these are public funds. Q Director Bumpass asked what other industries in Industrial Park are on 311.6 a hold for sidewalks and was informed that Marshalltown Tool had received a postponement until their first expansion. No waivers have been given. City Attorney McCord stated that if the motion passes there will be 311.7 a bill of assurance which will be a covenant running with the land in the event the title changes. Mayor Todd asked if the motion should pass. Upon roll call the motion 311.8 passed by a 4-2 vote, with Directors Sharp and Todd voting in the minority. 1 Director Henry urged American Air Filter to consider building the sidewalk now because of economic reasons. Also, she stated that American Air Filter could be the trend setter in Industrial Park by being the first to build their sidewalks. ACT 9 BONDS/AMERICAN AIR FILTER Mayor Todd introduced an ordinance authorizing the issuance of $6,000,000 311.9 in Act 9 Industrial Development Revenue Bonds for American Air Filter. Mayor Todd opened a public hearing to hear any comments concerning the issuance.311.1f of these bonds. No oral or written comments were received, and the Mayor declared the public hearing closed. City Attorney McCord read the ordinance for the first time. Director 311.11 Todd, seconded by Sharp, moved that the rules be suspended and the ordinance placed on second reading. Upon roll call the motion passed by a 5-0 vote, with Director Henry absent upon roll call. McCord read the ordinance for the second time. Director Osborne, seconded by Sharp, moved that the rules be further suspended and the ordinance placed on third and final reading. Upon roll call 311.12 the motion passed by a 5-0 vote, with Director Henry absent. C.A. read the ordinance again. There being no further discussion, Mayor Todd asked if the ordinance should 311.13 pass. Upon roll call the motion passed unanimously. ORDINANCE NO. 2772 APPEARS ON PAGE 64 OF ORDINANCE & RESOLUTION BOOK )(// REZONING APPEAL/NORTHEAST CORNER OF HWY 16 EAST AND 265 NORTH Mayor Todd introduced an appeal of a decision by the Planning Commission, 311.14 regarding rezoning petition R81-14. The change requested was from R-1 "low density residential" to C-2 "thoroughfare commercial" for 3.98 acres located at the northeast corner of the intersection of Highways 16 East and 265 North. The petitioner was Walt Longstreet. The planning commission had recommended denial by a 7-0 vote. 312 312.1 November 3, 1981 Mr. Trumann Yancey, representing Mr. Longstreet, addressed the Board. Mr. Yancey stated that flooding was a major problem with this parcel, and that extensive fill work and engineering would have to be performed to bring the site above flood stage. Such improvement expense could only be justified if the property could be sold for commercial purposes. Mr. Yancey stated that the planning commission had expressed concern about traffic. ' He agreed that there is a traffic problem because of the intersection, but that with driveway spacing and setback requirements, access to the tract would be no less safe than to other properties in the area. 312.2 Director Noland stated that the Board had agreed to concentrate C-2 development at major intersections. He stated that he felt this is a major intersection, and that it does not lend itself very well to R-0 zoning. 312.3 Upon discussion, Director Noland, seconded by Bumpass, moved that the appeal be approved and that the property be rezoned to C-1. Upon roll call the motion passed unanimously. 312.4 City Attorney McCord read an ordinance rezoning the property to C-1. 312.5 Director Osborne, seconded by Sharp, 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. 312.6 Director Noland, seconded by Osborne, 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. 312.7 Upon roll call the ordinance passed unanimously. 312.8 Mayor Todd asked that the minutes reflect that the rezoning is based upon that area being one of a mayor intersection, and not in terms of a precedent for strip zoning Highway 16 East ORDINANCE NO. 2773 APPEARS ON PAGE 73 OF ORDINANCE & RESOLUTION BOOK X 01 REZONING/SOUTHEAST CORNER OF GREGG AVENUE AND APPLEBY _ROAD 312.9 Mayor Todd introduced an ordinance rezoning property, as requested in rezoning petition R81-16. The request is to rezone 21.90 acres at the southeast corner of Gregg Avenue and Appleby Road from A-1 "agricultural" to R-2 "medium density residential." The petitioner was Paul Martin. The planning commission had recommended approval by a 7-0 vote. 312.10 City Attorney McCord read an ordinance rezoning the property. 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. The City Attorney read the ordinance for the second time. 312.11 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. 312.12 Mayor Todd asked for comments from the audience or board. There being none, Mayor Todd asked if the ordinance should pass. 312.13 Upon roll call the ordinance passed unanimously. ORDINANCE NO. 2774 APPEARS ON PAGE '75 OF ORDINANCE & RESOLUTION BOOK X U REZONING II/SOUTH SIDE OF NORTH STREET 312.14 Mayor Todd introduced an ordinance rezoning property as requested in rezoning petition R-81-17. The request was made by David and Jeane Randle to rezone 1.5 acres located on the south side of North Street, between the railroad tracks and Skull Creek, from R-3 "high density residential" to I-1 "heavy commercial and light industrial." This had been considered by the planning commission and recommended for approval by a 7-0 vote. City Attorney McCord read an ordinance rezoning the property. 1 0 oe Q a November 3, iyal Director Henry, seconded by Bumpass, moved that the rules be suspended 313.1 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. - Director Henry, seconded by Osborne, moved that the rules be further•saspeith and the ordinance placed on third reading. Upon roll call the motion passed unanimously, and the City Attorney read the ordinance for the third-tiiine. Director Osborne stated that he had talked with Mr. Randle about ore of . the uses that are allowed in I-1 zoning, particularly use units 18, 27, 'and He told the Board that Mr. Randle had offered a bill of assurance excluding use units 18, 27, and .28. Mr. Randle was present and told the Board he would offer the bill of assurance because he definitely did not want to put anything in the area that might be detrimental to that area. Mayor Todd asked for discussion on the proposed rezoning. There being none, he asked if the ordinance should pass. Upon roll call the ordinance passed unanimously. ORDINANCE NO. 2775 APPEARS ON PAGE 7r7 OF ORDINANCE & RESOLUTION BOOK X // REZONING III/SOUTHEAST CORNER OF HIGHWAY 71 BYPASS NORTH AND 16 WEST Mayor Todd introduced an ordinance rezoning property as requested in rezoning petition R81-18. The request was made by Paul and Mary Marinoni to rezone 27.48 acres located at the southeast corner of Highways 71 North and 16 West from R-1 "low density residential" to C-2 "thoroughfare commercial." The planning commission had considered this and recommended approval by a 6-1 vote. City Attorney McCord read an ordinance rezoning the property. 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. Director Todd, seconded by Henry, moved that the rules be further suspended and the ordinance placed on third and final reading. Upon roll call the motion passed unanimously, and the City Attorney read the ordinance for the third time. 311 Mayor Todd asked if there were any additional comments or discussion on this. Mr. Paul Marinoni, Jr., addressed the Board and stated that it was anticipated that Highway 16 will be a major corridor for expansion to the west. There being no further discussion, Mayor Todd asked if the ordinance should Upon roll call the ordinance passed unanimously. ORDINANCE NO. 2776 APPEARS ON PAGE 79 OF ORDINANCE & RESOLUTION BOOK C /1 WATER APPEAL/BOB AND MARY JONES Mayor Todd introduced further consideration of an appeal of a decision by the City Engineer and the Water and Sewer Committee, regarding a proposed water tap on the City's 36" main transmission line. Don Elliott, representative of Bob and Mary Jones, addressed the Board. He stated that he, Mr. Jones, and Don Bunn, City Engineer, had visited the property and discussed alternatives of providing water to the property in question. The alternatives were: 1) obtain water from Springdale at a cost of approximately $6,000 or $7,000; 2) a tap off the City of Fayetteville's 36" pipe that runs beside the property, 3) tap off of the six inch line that comes off of a nearby fire hydrant, at a cost of approximately $1,000, and 4) to tap onto Mr. Robinson's tap (a nearby property owner) at a cost of approximately $1,500. Mr. Elliott explained that Don Bunn was in opposition to tapping off of the 36" line, and also had some reservations about tapping off the line from pass 313-4 313.5 313.6 313.7 313.8 313.9 313.10 313.11 313.12 313.13 313.14 313.15 313.16 313.17 November 3, 1981 314 the fire hydrant. However, he expressed no opposition to tapping onto Mr. Robinson's tap. 1314.1 Mr. Elliott stated that he had spoken with Mr. Robinson and he had stated that he could not definitely say that he would give his permission for the tap to be made from his tap because he would want to discuss this with his plumber first. 314.2 Upon discussion, Mr. Grimes stated that he would like to point out that the fire hydrants in this area are not for firefighting purposes. They are at low points so that thle City can draw the water from the line if needed. Mr. Grimes stated that he would rather the line be tapped between the valve and the hydrant than to come off of another man's tap. However, the City would have the authority to tap onto Mr. Robinson's tap if it so wished. 314.3 Mr. Ben Jamerson, Transmission and Distribution Superintendent, addressed the Board. He suggested making the tap between the valve and the main. 314.4 Upon further discussion, Director Osborne, seconded by Bumpass, moved that water be furnished to the Jones' and that the staff determine where to make the tap. Upon roll call the motion passed unanimously. ZION ROAD 314.5 Mayor Todd introduced an ordinance accepting the deciation of the newly - constructed portion of Zion Road, west of Highway 265 North. 314.6 City Attorney McCord stated that the developer had agreed to execute a contract stating that if the culvert djoining Mr. Giese's property fails within a three year period, the culvert would be replaced at the developer's cost. 314.7 City Attorney McCord read an ordinance accepting the road. 314.8 Director Osborne, seconded by Henry, moved that the rules be suspended and the ordinance placed on second reading. Upon roll call the motion passed unanimously, and the City Attorney read the ordinance for the second time. 314.9 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, and the City Attorney read the ordinance for the third time. 314.10 Mayor Todd asked if there was further discussion on this ordinance. There being none, the ordinance passed unanimously upon roll call. ORDINANCE NO. 2777 APPEARS ON PAGE SI OF ORDINANCE & RESOLUTION BOOK X(11 WALKER PARK 314.11 Mayor Todd introduced a request by the Parks & Recreation Advisory Board for $1,500 in General Fund or sales tax revenue for preliminary engineering of a soccer and softball complex at Walker Park North. 314.12 Mayor Todd explained that this would be an initial step that would result in soccer and softball fields in Walker Park. 314.13 Mr. David Lashley stated that this would be a preliminary master plan and is expected to be completed by the end of the year. 314.14 Director Osborne, seconded by Henry, moved that the $1,500 be appropriated for this plan from parks allocation of the sales tax revenue. 314.15 Discussion was held on the administrative assistant to be hired the first of the year. Mr. Grimes asked if this assistant would be under the day-to-day supervision of Dale Clark, and Mr. Lashley stated that he would. 314.16 Also, Mr. Grimes asked if this plan being done by Ervan Wimberly for $1,500 would be a final plan. 314.17 Mr. Lashley stated that this would be an overall plan without detailed specifications. The plan would be a layout showing the locations of the fields at the park, parking, concessions, etc. 1 1 November 3, 1981 315 Mr. Lashley stated that when the project is ready to be bid an engineer 315.1 ill will have to be hired to do the details. Mayor Todd asked if the motion should pass to approve this appropriation 315.2 of $1,500 from parks allocation of the sales tax revenue. Upon roll call the motion passed unanimously. The Board agreed that this plan should be completed by the end of the year. 315.3 RESOLUTION NO. 110="8.1 APPEARS ON PAGE 252 OF ORDINANCE & RESOLUTION BOOK NO. XII ALLEY CLOSING Mayor Todd introduced an ordinance closing and vacating a north -south alley, 315.4 running south from Rock Street between School and West Avenues. City Attorney McCord explained that this alley is unopened and is not 315.5 needed for corporate purposes as the City Hospital will own all property abutting the alley. The hospital is requesting the alley be vacated. 0 City Attorney McCord read an ordinance vacating the alley. Director 315.6 oe Osborne, seconded by Noland, moved that the rules be suspended and the 01 ordinance be placed on second reading. Upon roll call the motion passed unanimously, and the City Attorney read the ordinance for the second time. 7 Director Osborne, seconded by Noland, moved that the rules be suspended 315.7 Q and the ordinance placed on third and final reading. Upon roll call the Q motion passed unanimously, and the City Attorney read the ordinance for the third time. There being no discussion on this matter, the Mayor asked if the ordinance 315.8 should pass. Upon roll call the ordinance passed unanimously. ORDINANCE NO. 2778 APPEARS ON PAGE 83 OF ORDINANCE AND RESOLUTION BOOK X// NORTH STREET CULVERT Mayor Todd introduced a resolution authorizing the execution of an agreement 315.9 with the Arkansas State Highway and Transportation Department regarding the relocation of water and sewer lines for the replacement of the Skull Creek culvert on North Street. Mr. Grimes explained that this agreement is necessary in order for the 315.10 City to obtain federal participation. Director Osborne, seconded by Henry, moved that the resolution be approved. 315.11 Upon roll call the motion passed unanimously. RESOLUTION NO.III-8l APPEARS ON PAGE 1 5 5 OF ORDINANCE & RESOLUTION BOOK 411 SWIMMING POOL DISCUSSION Mayor Todd stated that Beverly Melton of the Swimming Pool Committee was 315.12 present to discuss the status of the pool. He went on to explain that Ms. Melton has put in a lot of hard work and long hours in working on this project. City Attorney McCord stated that the swimming pool committee. was 315.13 considering a possible recommendation in which the City would solicit design/ construction proposals from various contractors. Under this proposal the bidders would propose to prepare specifications for the swimming pool and to construct the pool pursuant to the specifications they provided. He stated that the question had arisen as to whether this would be legal under Arkansas law. McCord informed the Board that his conclusion, after researching the matter, was that the City could not undertake that type of arrangement because the competitive bidding statute requires that specifications be promulgated first by an Arkansas licensed engineer, and that notice be advertised. The contract would be let for bid on the prescribed specifications so that everyone would be bidding on the same specifications. McCord stated that the City could authorize alternative materials in the specifications. Mayor Todd asked if the swimming pool committee would come before the 315.14 Board at the next meeting and present their version of specifications. Ms. Melton answered that this was planned. 0) Q 1Q 1 November 3, 1981 317 SNOW REMOVAL AT AIRPORT Mr. Grimes requested that the Board approve a snow removal contract with 317.1 Anchor Construction Company for snow removal at the airport. He pointed out that this had been done the past year. He explained that snow removal equipment of the City is needed elsewhere in town at the same time it is needed at the airport. Director Henry, seconded by Osborne, moved that this agreement be executed. 317.2 Upon roll call the motion passed unanimously. 317.3 RESOLUTION NO.11 3-8I APPEARS ON PAGE x g OF ORDINANCE & RESOLUTION BOOK XI( CUSTER LANE PROPERTY Mr. Grimes reported that a building permit had been received for work 317.4 to be done at the Custer Lane property. FIRE PREVENTION ORDINANCE FOR RENTAL PROPERTY Director Osborne stated that consideration was being given to a fire prevention ordinance for rental property, and that a committee had been formed to consider this. He stated that he had received a request from a realtor that the realtors in town have a representative on this committee. 317.5 BOARD RETREAT Board Retreat to be held November 22, 1981, from 9:00 a.m. to 5:00 p.m. 317.6 MINUTES The minutes of the October 20, 1981 meeting were approved as submitted. 317.7 ADJOURNMENT There being no further discussion, the meeting adjourned at 10:15 p.m.