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HomeMy WebLinkAbout1981-12-01 Minutes1 December 1, 1981 MINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Fayetteville City Board of Directors was held on December 1, 1981, at 7:30 p.m. in the Board of Directors Room, City Administration Building, Fayetteville, AR, 72701. PRESENT: Directors Sharp, Todd, Bumpass, Henry, Lancaster, Noland, Osborne; City Manager Grimes, City Attorney McCord; Assistant City Manager McWethy, City Clerks Koettel and Rowe. Members of the press and audience. O ABSENT: None CALL TO ORDER 7 Mayor Todd called the meeting to order and asked for a moment of respectful silence. Q 3 337 337.1 EMPLOYEE OF THE MONTH AWARDS Employee of the Month awards were awarded for the month of November, 337.2 1981, to the following five persons. Mayor Todd presented each with a check for $100 and a certificate. He made the following comments. Ernie Harvey Ernie is a custodian at the Airport and has worked 337.3 for the City for five months. Airport Manager, Ede Hogue, states that Ernie is a responsible, dependable employee, who in addition to his custodial duties was given the duty of keeping the grounds and safety areas mowed. He makes sure the equipment has fuel and is ready to operate the first thing the next day. In addition, he keeps up with repairs that need to be made, and if possible performs these repairs himself. Also, Ernie reports to work each day with a fresh, eager attitude. He is always willing to take on a new assignment and can be depended upon to go the extra mile to get a job completed. Kenneth Martin. Kenneth is a patrolman who has worked for the City 337.4 for four and a half years. His supervisor, Bob Jones, made the following comments about Kenneth. He has an excellent attendance record and is always prompt to report for duty. Officer Martin is very professional in his work and appearance. He is a very dependable officer and is always willing to work extra when called upon. Officer Martin is furthering his education in law enforcement related matters by attending the University of Arkansas on off duty time. Debbie Nation. Debbie is the Assistant to the City Prosecutor and has 337.5 worked for the City for one and a half years. Her supervisor, Terry Jones, states that Debbie carries out her duties with skill, dedication, and good humor. Debbie is faced daily with problems, complaints, demands, and insults of others. However, she handles these problems very professionally and can be depended upon. Mr. Jones states that Debbie deserves special recognition, not just for.the month of November, but for being, day after day, the very best the City has to offer. Gary Osburn. Gary is a heavy equipment operator in the Street Department.337.6 Gary's supervisor, Clayton Powell, states that Gary has applied himself and learned all facets of street maintenance and construction. He has learned the techhiques of light and heavy equipment operation. Gary is on the recall roster for evening, weekend and holiday emergency call outs. He also participates in crew snow and ice control shift work. He is very versatile, reliable, and dependable and deserving of "Employee of the Month" for November. Lanita Terry. Lanita is a Clerk III -Meter Clerk in the Finance Department337'7 She is responsible for data entry of the file maintenance, cash, adjustments, December 1, 1981 33S and for compilation of many reports. Lanita's supervisor, Joanna Bibb, states that her dedication and excellent attitude make her a valuable asset to the customer accounting division of the Finance Department. She possesses an eagerness to learn and always welcomes a new challenge with the determination to solve all problems she is assigned. Lanita is always willing to do more than her share and due to her exceptional performance has lead her supervisor to feel she is "one of the City's best." MASTER STREET PLAN WAIVER/CITY HOSPITAL 338.1 Mayor Todd introduced a request by City Hospital for a waiver of the literal requirements of the Master Street Plan. He explained that this had been referred to the Street Committee from the last board agenda. 338.2 Director Frank Sharp reported on the Street Committee's recommendation and stated the following were recommendations made: 338.3 Rock Street: dedicate 3' of additional right of way. Asphalt street to curb with City Hospital furnishing materials/City doing construction 338.4 West Street: dedicate 5' of right of way and bring to City standards 338.5 School Avenue: Dedicate 10' of right of way - this is the same as was granted further north on School Avenue 338.6 South Street: Improve the north side to current city standards 338.7 Also, that West, Rock, and South Streets be placed on the Community Development street improvement list of 1982. 338.8 Mr. Lex Smith of the City Hospital was present and expressed agreement to these recommendations. 338.9 Mayor Todd called for discussion. There being none, Director Henry, seconded by Bumpass, moved that the recommendations be approved. Upon roll call the motion passed unanimously. MASTER STREET PLAN WAIVER/SAFEWAY 338.10 Mayor Todd introduced a request by Safeway Stores, Inc., for a waiver of the literal requirements of the Master Street Plan. 338.11 City Attorney McCord stated that Ken Mourton, representative for Safeway, had requested that this item be tabled. 338.12 Director Bumpass, seconded by Henry, moved that the item be tabled. Upon roll call the motion passed unanimously. STREET NAMING 338.13 Mayor Todd introduced a report from the Board Street Committee regarding a request to rename "27th Court" to "Ravenswood Lane." 338.14 Director Sharp reported that all the neighbors on this street are in favor of renaming this, thus the Street Committee is recommending the renaming. 338.15 Director Sharp, seconded by Henry, moved that "27th Court" be renamed to "Ravenswood Lane." Upon roll call the motion passed unanimously. STREET LIGHTING 338.16 Mayor Todd introduced an ordinance waiving competitive bidding requirements, regarding the installation of streetlights. 338.17 The City Board had established streetlight installations as one of the sales tax uses, and this is the first such major project. It involves streetlights on Eastwood Drive, Columbus Place, Columbus Boulevard, Hope Street, Lunsford Avenue, Applebury Drive, Applebury Place, Carolyn Drive, and Pembroke Drive; on wood poles with underground electric service. Since SWEPCO is the only electric utility serving the area, the Board is being asked to waive competitive bidding requirements for the $8,775.17 installation cost. 1 1 1 1 December 1, 1981 City Attorney Jim 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. Director Osborne, seconded by Lancaster, moved that the_rules be further 339.2 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. Director Osborne asked what the estimated life of a wood pole was and McWethy answered thirty years. Mayor Todd called for discussion on the ordinance. There being none, the ordinance passed unanimously upon roll call. ORDINANCE NO. 2781 APPEARS ON PAGE in OF ORDINANCE & RESOLUTION BOOK )(ft PROPERTY ACQUISITION/NWCORNER OF SOUTH CHURCH STREET AND ROCK AVENUE Mayor Todd introduced a request for authorization of the expenditure of Community Development Block Grant and General Fund revenues to acquire the property at the northwest corner of South Church Street and Rock Avenue, for municipal building purposes. Mayor Todd explained this request was for authorization to acquire the property to the west of the Police Station for the purpose of putting up a Municipal Building. City Attorney McCord stated that the Lewis' attorney, Walter Niblock, had advised him that the Lewis' had settled upon a price of $72,500, plus moving expenses which are payable out of CD funds. Director Sharp explained that he does not have any problems with the acquisition of the property and that he approves of the idea of constructing a building for a temporary City Hall, but that he has problems with using CD money for this, and that he will vote no because he doesn't feel the funds should come from Community Development. Upon roll call the motion passed by a 6-1 vote, with Director Sharp voting in the minority. 339 339.1 CHANGE ORDER/CITY HALL Mayor Todd introduced a resolution authorizing the execution of a order in a contract for architectural services, to provide for the desi of temporary City Hall facilities. Director Sharp explained that thi's had been discussed by the City Committee, and it was agreed that the construction of a temporary City was a part of the City Hall renovation job. City Attorney McCord advised the Board that this was a lump sum amount of $7,500. The estimated total cost of the building was over $100,000. Mayor Todd explained that this change order was with Hailey-Powers- Froning.Architect Firm, who already has the architectural contract on the renovation of City Hall. Director Bumpass, seconded by Osborne, moved that the resolution be approved. Upon roll call the motion passed unanimously. RESOLUTION NO. 117-81 APPEARS ON PAGE A 7 7 OF ORDINANCE & RESOLUTION BOOK Xi( change gn Hall Hall 339.3 339.4 339.5 339.6 339.7 339.8 339.9 CULTURAL CENTER Mayor Todd introduced an ordinance amending Ordinance #2347 by terminating the Northwest Arkansas Cultural Center Board of Trustees as a city committee. City Attorney McCord explained that this proposed ordinance would repeal the original ordinance establishing that Board. He stated that Linda Welch of the NWACC was in the audience. 339.10 339.11 339.12 339.13 339.14 339.15 339.16 December 1, 19d1 340 340.1 Ms. Welch addressed the Board and stated that the cultural board was in total agreement that the ordinance should be passed to terminate the NWACC as a city committee. She stated that the cultural board would request that the Board consider establishing a smaller committee made up of representatives of various groups which have an interest in the arts and the City. She explained that the cultural board would be more willing to provide any input that might be helpful for the City. 340.2 Ms. Welch explained that the cultural center board is in the process of reorganization and they would like to be allowed time to file their tax exemption form. 340.3 Mayor Todd suggested having the ordinance become effective February 1, 1982, as this would allow sixty days for the cultural center board to file the necessary forms. 340.4 City Attorney McCord read the ordinance for the first time. Director Henry, seconded by Osborne, moved that the rules be suspended and the ordinance placed on second reading. 340.5 City Attorney McCord read the ordinance for the second time. Director Noland, 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. 340.6 Upon roll call the ordinance passed unanimously. ORDINANCE NO. 2782 APPEARS ON PAGE 89 OF ORDINANCE & RESOLUTION BOOK J(/) 340.7 Mayor Todd explained that this will allow more flexibility for the NWACC, and Director Henry stated that when the time comes for considering the construction of a performing arts center in Fayetteville input from the NWACC will be solicited. SIGN APPEAL/WAL-MART 340.8 Mayor Todd introduced an appeal from the literal provisions of the sign ordinance. The petitioner was Wal-Mart Properties, Inc., and the variance requested was permission to have two wall signs on one wall. The proposed location of the sign is 2999 North College Avenue and the zoning district is C-2 "Thoroughfare Commercial." The ordinance requirement is : no more than one wall sign per 340.9 wall per business, with no more than 4 wall s1rgns per wall on any one structure, unless the Board determines that strict enforcement would cause undue hardship because of characteristics unique to the property in question. 340.10 Mr. Joe Looney, Real Estate Manager of Wal-Mart, was present to answer any questions the Board or audience might have. 340.11 Mr. Looney addressed the Board and explained that Wal-Mart was requesting a second wall sign on the front wall of their new store on College Avenue. The proposed sign would be located on the southern end of the building on the front wall and would be an auto center sign. He stated that because of the location of the auto center, Wal-Mart feels some representation is needed on the front of the building. He stated that there is approximately 380 feet of frontage on the front wall of the building, and that Wal-Mart does not feel it is inappropriate in requesting this variance. Director Noland asked if the auto center signs do not come in any size 34O.12other than 8' x 16'. Mr. Looney replied that is the size of the signs that have been mass produced. However, he stated that Wal-Mart would consider some sort of compromise. Their objective is to get the words Auto Center on the front wall. He also pointed out that the 8' x 16' sign would represent less than 2% of the total square footage of the front wall. 1 1 December 1, 1981 Upon discussion, Director Osborne, seconded by Bumpass, moved that a 75 square foot sign be allowed for the southern end of the front wall on the building in lieu of a free standing sign, and that the sign include only the words Auto Center or Auto Service, and that the arrow be -incorporated. into the sign itself. Upon roll call themotion passed unanimously. SIDEWALK WAIVER/1614 EAST HUNTSVILLE ROAD Mayor Todd introduced an appeal from the literal provisions of the_• Master Sidewalk Plan ordinance, for property located at 1614 East Huntsville Road. Property owner, Jeff Dowers, had written the Board a letter requesting a postponement of the requirement,stating that he would be willing to sign a bill of assurances stating he will construct a sidewalk at such time as O the City deems necessary. Upon discussion, Director Osborne, seconded by Noland, moved that cn this item be tabled until Mr. Dowers or his representative could be present to answer any questions. Upon roll call the motion passed unanimouslyand the item was tabled. Q NORTH STREET Mayor Todd introduced a resolution authorizing the execution of a contract with the Arkansas State Highway & Transportation Department, regarding the relocation of telephone lines in connection with the reconstruction of a box culvert on North Street, over Skull Creek. Mr. Grimes explained that the Highway Department is trying to make sure that the City gets their urban system participation on this job. This ' is a contract to go in the files indicating there will be joint participation, with three fourths being urban system funds and one fourth City funds, to pay for this utility relocation. Director Henry, seconded by Noland, moved that the resolution be approved. Upon roll call the motion passed unanimously. RESOLUTION NO. 118-81 APPEARS ON PAGE o1 7SA OF ORDINANCE & RESOLUTION BOOK XII AIRPLANE PARKING Mayor Todd introduced a resolution authorizing the execution of a contract with McClelland Consulting Engineers for the conversion of the automobile parking lot at the old airport terminal building into parking facilities for light aircraft. Director Henry, seconded by Bumpass, moved that the resolution be approved. Mayor Todd called for discussion from the audience or Board. There being none, the motion passed unanimously upon roll call. 341 RESOLUTION NO. 119-81 APPEARS ON PAGE 02;71 OF ORDINANCE & RESOLUTION BOOK )0/ AUDIT CONTRACT/RUSSELL BROWN & COMPANY Mayor Todd introduced a resolution authorizing the execution of a contract with Russell Brown and Company for audit services. Director Osborne, seconded by Henry, moved that this resolution be approved. Mayor Todd explained that this recommendation came about after a lengthy and thorough selection process. Upon roll call the motion passed unanimously. RESOLUTION NO. 120-81 APPEARS ON PAGEZ? OF ORDINANCE & RESOLUTION BOOK XI( 341.3 341.4 341.5 341.6 341.7 341.8 1 341.9 341.10 341.11 341.12 341.13 341.14 341.15 December 1, 1981 342 STREET FUNDING/1981 CD STREET BUDGET 342.1 Mayor Todd introduced a request by the Community Development and Housing Department for authorization to add projects to the 1981 CD Street Budget. 342.2 The street improvements proposed to be added are. 342.3 Eleventh Street, from South College to Washington; 344* The South side of Seventh Street from South College to Wood; and the installation of a sidewalk from Washington Avenue to the area of'Willow. Rick Mason, Director of Community Development, was present and addressed the Board. He explained that Seventh Street and Ninth Street both have 30 foot right-of-ways, Eleventh Street has 35 foot right-of-ways, and Twelfth and Thirteenth both have 40 foot right-of-ways. He explained that Ninth, Eleventh, and Twelfth Streets are connecting streets and there are no houses facing the streets. These will not be heavily traveled, thus Mason did not feel there would bea problem with them not meeting the standard street width. However, he stated that the engineers would have to look at this and a recommendation be made. Mr.Mason explained that Ninth, twelfth, and Thirteenth Streets are already in the CD program. 342.6 Mayor Todd asked what the estimated costs are. 342.7 Mr. Mason replied that the total cost is about $44,000. $19,500 would be for Eleventh Street, $22,000 for Seventh, and $2,250 for the sidewalk. 342.8 Mayor Todd asked for comments from the audience or Board. 342.9 Director Noland asked if curb and gutter were proposed for Eleventh Street, or just the street. Mr. Mason replied that curb and gutter and sidewalk were planned on one side of Eleventh Street even though the street might have to be less than standard width. Director Noland stated that he wondered about the necessity of putting a curb on one side of Eleventh Street since no houses face that street. Director Noland stated that he feels the sidewalk is a necessity but he wonders about the street due to the limited amount of traffic. 342.10 Mayor Todd stated he was having some trouble justifying $22,000 for Seventh Street since it is a low usage street, particularly after Twelfth Street is completed. 342.11 Upon discussion, Director Noland, seconded by Sharp, moved that the City proceed with the engineering and construction, provided the bids are acceptable, for the south side of Seventh Street; from South College to Wood; and the design of a sidewalk from Washington Avenue to the area of Willow; and that Eleventh Street be considered at the time next year's street projects are determined. 342.12 Upon roll call the motion passed unanimously. CONDEMNATION REQUEST/BOONE STREET 342.13 Mayor Todd introduced a request by the Community Development and Housing Department for authorization to initiate condemnation proceedings for the acquisition of property at 949 Boone Street. 342.14 Mayor Todd explained that the question was that of whether or not the City should acquire the property since it is in bad shape and seems to be in the flood plain. 342.15 Mr. James Hall, representative of property owner Mr. Eoff, addressed the Board. He stated that Mr. Eoff is urging the Board to reject the recommendation to condemn the property. He stated that the property does not border the City park. Also, Mr, Hall stated that Mr. Eoff has a signed offer and acceptance on the property for $12,500. An employee of Mr. Eoff's, Mr. Wafford, wants to purchase the property at $12,500 on a no money down, monthly payment plan. He plans to rebuild the house himself. 342.5 1 December 1, 1981 Mr. Hall distributed a copy of an appraisal from Henshaw and Associates on the property in question. This appraisal on the property was $10,500. The City's appraisal was between $4,000 and $5,000. Mr. Hall stated that Mr. Eoff had obtained a valid building permit on this property in January of 1980. Mr. Hall said that Mr. Eoff had intended to rehabilitate the property and use it as a rent house until he received a letter from the City stating their intention to acquire or condemn the property. Discussion was held on whether or not the house lies in the flood plain and if it is subject to flooding. Director Henry suggested that this might be tabled since there seemed to be some question as to whether or not a building permit could be issued for this house if it is in 'fact in the flood plain area. Director Lancaster stated that he was ndt.in favor of condemning the property in order to obtain the land for the City. He stated that the City has an ordinance stating that blights such as this property must be cleaned up. He said he would prefer to initiate action this way, if the house cannot be rebuilt up to standard. Director Henry, seconded by Osborne, moved that the item be tabled until Mr. Wafford can determine if he can obtain a building permit or not, and that the itema-appear on the next agenda. Upon roll call the motion passed unanimously. 343 343.1 343.2 343.4 343.5 343.6 343.7 343.8 BUDGET ADJUSTMENTS Mayor Todd introduced a request for approval of budget adjustments for 343.9 the General and Public Works Fund Budgets. Mayor Todd asked why there were cost:overruns on the Lake Fayetteville 343.10 and Babe Ruth Ballfields, and was informed that these were not actually cost overruns but were projects that were never budgeted. Director Noland, seconded by Osborne, moved that the budget adjustments 343.11 be approved. Upon roll call the motion passed unanimously. RESOLUTION NO. 121-81 APPEARS ON PAGE , 9 7 OF ORDINANCE & RESOLUTION BOOK XII BID AWARD Director Henry, seconded by Lancaster, moved that bid #472 for a soil disc for the Pollution Control Plant be awarded as recommended to the low bidder, William Ford Tractor in the amount of $4,622.58. Upon roll call the motion passed unanimously. OTHER BUSINESS NOISE STUDY CONSULTANT/AIRPORT Mr. Grimes informed the Board that the staff had interviewed three different firms in the selection process for a noise study consultant at the Airport. The staff is recommending that authorization be given for the staff:to negotiate a contract with Braun, Binion, Bernard, Inc. He explained the contract would come back to the Board for final approval. Mayor Todd asked what the cost for this would be and what reimbursement can be expected. Mr. Grimes answered that the cost is estimated to be $15,000 and that the City is still communicating with the FAA in an effort to establish a grant for this. Mr. Grimes explained that the primary problem with noise at the Airport is the runup of Skyways' planes at night when they are performing maintenance work. 343.12 343.13 343.14 343.15 December 1, 1981 344 344 1 Director Sharp asked if there would be any reimbursement from Skyways. Mr. Grimes answered that this depended on whether or not a grant was worked out. If this was done, it could be worked out to 90% federal and 1O% local share. Skyways would possibly pay the 10% local share, but they have not yet agreed to this. 344.2 City Attorney McCord recommended that a proposal for costs be obtained He explained that this is a long term problem that needs to be resolved. He informed the Board that the City can be held liable in some cases such as these. 344.3 Mayor Todd stated that he felt the City should proceed with diligence this matter. to try and recoup its costs in 344.4 Director Henry, seconded by negotiations with Braun, Binion, be submitted for Board approval. 344.5 Director Henry pointed outthat the Airport Committee did expect Skyways to come up with their share for this study. Noland, moved that the staff enter into Barnard, Inc. and that a proposed contract PARKING MANAGEMENT AGREEMENT 344.6 Mr. Grimes explained that the Airport lerminal Parking Company has submitted a proposal to the City concerning the operation of the parking deck and the valet lot near the Continuing Education Center and Hilton Hotel. The proposal was for a $300 per month management fee, in addition to operating costs. The staff is recommending a six month term. 344.7 Mr. Grimes explained that this had been reviewed by the Finance Committee and they had raised the question of whether or not there is a supervisor plugged into the operating costs, in addition to the management fee. Mr. Grimes stated that there is not. Also, the City will designate the hours of operation. 344.8 Director Osborne, seconded by Noland, moved that this agreement be authorized. Upon roll call the motion passed unanimously. RESOLUTION N0. 122-81 APPEARS ON PAGE 30! OF ORDINANCE & RESOLUTION BOOK X)? EMPLOYEE OF THE MONTH DISCUSSION Assistant City Manager McWethy stated that the staff is proposing that 344.9in 1982, the Employee of the Month awards be reduced from five to three to reflect the fact that probably the very best employees have been covered the past year and there may now be some repetition. 344.10 Mr. McWethy explained that a banquet for the employees of the year for 1981 and their spouses could be arranged on December 11, 1981, at 6:30 p.m., at Wyatts Cafeteria. The cost would be approximately $5.75 per person for a total of less than $1,000. Mr. McWethy stated he felt that in terms of morale this money would be well spent. 344.11 Director Noland, seconded by Sharp, moved that the banquet as discussed be approved. Upon roll call the motion passed unanimously. SELECTION METHOD FOR EMPLOYEE OF YEAR 344.12 Mr. Grimes explained the selection method that was being used in choosing the employee of the year. 344.13 The ten department heads had selected the top eleven from the previously selected sixty employees of the month. Each department head was not allowed to vote for persons in his/her department. Mr. Grimes stated that in order to select the top three from the eleven, he was recommending that the department heads vote again and select the top three employees. Again, no department head could vote for an employee in his/her department. 344.14 The Board agreed with this selection process, and suggested that if possible all the department heads should vote at the same time and place. r 1 December 1, 1981 345 345.1 DICKSON STREET Mayor Todd expressed his concern that Dickson Street has been closed for a week and will be closed for several more weeks. He explained that the City has been assured the street will be opened in four weeks - weather permitting. Mayor Todd pointed out that in case of snow this is one of the few streets leading to the campus that is passable. CITY HALL FINANCING Director Osborne reported that the Finance Committee had agreed to loan money from the General Fund to City Hall Renovation Fund with no interest) for financing the City Hall renovation. This would be paid back in full by 1985. 345.2 Q COMPUTER DISCUSSION Director Osborne reported that the Finance Committee had also held 345.3 discussions on the computer consultant, the computer acquisition, the manufacturer, and the computer itself. Director Osborne explained that things had not gone well with the computer. 345.4 However, he told the Board that he had resolved in his own mind that the consultants had done the best they could do in the circumstances with the information they had at that time. Director Osborne stated that it was his opinion that the City is owed some damages. Director Osborne stated that the City Attorney had been requested by the 345.5 Board to prepare a resolution stating the City Attorney should look into this situation and see what damages, if any,,that the City is owed and by whom. Director Osborne read the resolution to the Board and audience. 345.6 II/Director Sharp, seconded by Osborne, moved that the resolution be 345.7 approved. Upon roll call the motion passed unanimously. RESOLUTION NO. 123-81 APPEARS ON PAGE 3O& OF ORDINANCE & RESOLUTION BOOK XJ( WATER AND SEWER REPORT Director Noland reported that the City Engineer is presenting a statement 345.8 at a hearing in Rogers on Beaver Lake pollution. In addition, the City had requested that someone from the City of Fayetteville be placed on the Beaver Lake Pollution committee to represent the City's interest. PARKING PETITION The Board acknowledged receipt of a petition asking them to reconsider 345.9 the recently encited ordinances that raise long-term parking rates and doubles the monthly fee for gated parking spaces. No action was taken. MINUTES The minutes of the 11-17-81 meeting were approved as submitted. 345.10 ADJOURNMENT There being no further discussion, the meeting adjourned at 9:45 p.m.