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HomeMy WebLinkAbout1982-05-04 Minutes79 MINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Board of Directors was held on Tuesday, May 4, 1982, at 7:30 p.m. in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. PRESENT: Directors Henry, Lancaster, Todd, Osborne, Sharp, Noland, and Bumpass; City Manager Grimes, City Attorney McCord, Assistant City Manager McWethy, and City Clerk Rowe; members of the press and audience. CO ABSENT: None hem CALL TO ORDER O Mayor Noland called the meeting to order and asked for a moment of CO respectful silence. Q EMPLOYEE OF THE MONTH/APRIL 1982 Mayor Noland awarded a certificate and a check to each of the three 79.1 employees, Manuel Buchanan, Judy Huffaker, and Tanya McGary, and noted the comments their supervisors had made regarding their job performance. AIRPORT NOISE LITIGATION Mayor Noland introduced consideration by the Board of a proposed settlement 79.2 offer in connection with current litigation regarding aircraft noise at Drake Field. City Attorney McCord stated there were two suits pending against the City 79.3 and Skyways with some citizens of Greenland as plaintiffs. The first case, set for July 7, was seeking an injunction to prohibit the maintenance of testing during the nighttime hours at Drake Field; the second lawsuit filed in circuit court seeks damages from both the City and Skyways. Mr. Gordon Cummings, attorney for the plaintiffs, stated the lawsuit seeking damages against the City would be dropped if the City enacted an ordinance prohibiting maintenance testing during specified hours. Skyways felt this would be detrimental to their operation and to the general public. This issue had been tabled by the City Board until a noise study had been completed The first draft of the noise study had been received by the City regarding nighttime testing at Drake Field which had been conducted by subcontractors of McClelland Engineers. The study did not reach any firm conclusions or recommendations; however, Mr. McClelland did reach some. Mr. Tucker Morse, of Skyways, addressed the Board and stated that Skyways 79.4 was trying to do most of their maintenance during hours that did not interfere with people's well-being. Some engine runups have to be done at night (1.7 as compared to 4 during the day). He pointed out that the atmospheric conditions affect the perceived noise levels. Director Todd pointed out that the study addressed itself to other solutions 79.5 than a curfew. Mr. McCord summarized the recommendations. First, if runup operations 79.6 during nighttime hours were to continue at Drake Field, Skyways would be required to move such operations to the east side of Drake Field. Second, a 25 foot high barrier would have to be constructed of earth and concrete/concrete blocks of suitable length and configuration and be located on the east side of Drake Field. Third, Skyways should be instructed in proper orientation of aircraft and be required to faithfully observe the orientation during runup operations. Mr. McCord IMEm May 4, 1982 80 stated there would be about a 12-18 month time lag before the new apron and barrier could be constructed on the east side of the airport. 80.1 City Manager Grimes stated the engineers had indicated that the taxiway and ramps on the east side could be completed by the end of the year, and there was no reason why the barrier could not be constructed simultaneously. 80.2 The engineer stated the rough estimate of cost of the barrier and short taxiway from the apron would be between $50,000 and $70,000. Mr. McClelland stated the final airport noise study would be complete after a public information hearing, and he requested the public hearing be held on May 27, 1982. 80.3 Director Lancaster requested the public hearing be held and the final noise study completed before the Board made a decision regarding the settlement of this case. 80.4 Mr. Gordon Cummings stated that his clients would like to exhaust all possible compromises or solutions before litigation. 80.5 Director Osborne, seconded by Henry, made a motion to defer action on this issue until June 1 after the public hearing and the final noise study report had been completed. 80.6 Director Todd requested that Skyways be consulted regarding the possible compromises during the planning stage rather than waiting until a decision had been made that Skyways may not agree with. It was decided that McClelland Engineers would consult with Skyways during the planning stage. It was also requested that the Airport Committee meet and review the possible compromises after the engineers and Skyways reached an agreement. 80.7 After general discussion, it was decided to change the motion to table until June 15 to allow time for the final noise report to be completed. It was also confirmed that Skyways be included in the city proceedings regarding the possible solutions to the noise problem. 80.8 Director Bumpass asked what affect the Skyways' new Springdale operation would have on the Drake Field noise problems. 80.9 Mr. Morse stated the Springdale facility was to be primarily an overhaul facility and for major engine work. It would reduce the number of engine runups at Drake but not eliminate them. However, it would probably not affect the number of nighttime runups. The duration of the runups during the day should be lessened as well. The Springdale facility should be completed in September or October. 80.10 Director Bumpass stated he felt the Board wanted to be sensitive to the needs of Skyways, the airport, and the plaintiff's needs. 80.11 City Manager Grimes asked if Mr. McClelland had been able to talk with the FAA about grant participation for the construction of the noise barrier. Mr. McClelland stated he had; however, at this time there was no clear answer about participation due to the fact that the present program had expired and it was up to Congress to extend or cancel the program. 80.12 Mr. McClelland stated he would be working with the FAA in an effort to acquire funding for the Drake Field project. 80.13 Upon roll call the motion to table until June 15 passed unanimously. AIRPORT PLANS/REVISION TO MASTER PLAN 80.14 Mayor Noland introduced a report from the Board Airport Committee regarding recommended revisions to the airport's master plan proposals for development on the east side of Drake Field. 80.15 Mr. McClelland presented the Board with copies of the proposed layout (a copy of which is attached) and explained the proposed expansion. 80.16 After general discussion regarding the proposals, Director Osborne, seconded by Henry, made a motion to approve the proposed layout plans. Upon roll call the motion passed 6 to 0, with Director Bumpass absent at roll call. 1 1 1 CO CO STREET COMMITTEE Mayor Noland introduced a report from the Board Street Committee regarding 81.5 U the paving of streets in Fayetteville Industrial Park. CO Director Sharp stated that both the asphalt and concrete representatives 81.6 Q had pointed out the benefits of their products for street construction. The prices were basically the same: concrete bid at $14.00 per square yard and the asphalt bid at $13.95 per square yard. Director Sharp, seconded by Henry, made a motion to approve the Street Committee's recommendation to construct concrete roads. Mayor Noland pointed out that the financing for this project would be taken 81.7 from the Industrial Park fund either from the next sale or from previous sales of park sites. The funding would not be coming from the Street Department. Director Bumpass indicated that since the price between asphalt and concrete 81.8 was so close, competition between the two industries for street construction was anticipated to increase. City Attorney McCord pointed out that a discrepancy existed between experts 81.9 regarding the equivalent strength specifications required to equate concrete and asphalt for use in constructing roads. Upon roll call the motion passed unanimously. 81.10 Mayor Noland introduced a resolution authorizing the Mayor and City Clerk 81.11 to execute a contract with Jerry D. Sweetser, Inc., for the amount of $77,155.54 for street construction. Director Osborne, seconded by Henry, made a motion to approve the motion. 81.12 Upon roll call the motion passed unanimously. RESOLUTION NO. 61-82 APPEARS ON PAGE AV OF ORDINANCE & RESOLUTION BOOK XIV STREET RIGHT OF WAY/CHURCH AVE. & ROCK STREET Mayor Noland introduced an ordinance dedicating additional street right- 81.13 of -way along Church Avenue and Rock Street in connection with the construction of an interim city hall. City Attorney McCord read the ordinance for the first time. Director Henry, 81.14 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 Todd, made a motion to further suspend the rules and place the ordinance on third and final reading. Upon roll call the motion passed unanimously, and the City Attorney read the ordinance for the final time. Upon roll call the motion passed unanimously. ORDINANCE NO. 2808 APPEARS ON PAGE 131 OF ORDINANCE & RESOLUTION BOOK X// May 4, 1982 81 SOLID WASTE COMMITTEE REPORT Mayor Noland introduced a report from the Board Solid Waste Committee 81.1 regarding a solid waste disposal/resource recovery facility. Director Henry, seconded by Lancaster, made a motion to approve the 81.2 committee recommendation to implement Step 2 of the plan. The estimated cost of the engineering is $69,000 with the City's part being $62,000 based on tonnage. Director Todd asked how long it would take to complete the project. Director 81.3 Henry stated the engineers had stated 4 to 6 months. Director Henry further stated that included in the $62,000 figure was the cost of an administrator or contact person to work along with the engineers. This would be on a contract basis and not an additional person added to the city payroll. Upon roll call the motion passed unanimously. 81.4 1 May 4, 1982 82 PHONE LEASE/AIRPORT CARROUSEL 82.1 Mayor Noland introduced a resolution authorizing the execution of a lease agreement for a direct -phone carrousel at the Fayetteville airport. 82.2 Director Osborne questioned why there was such a reduction in rates when a lessee leased an advertising display case in the terminal building. There was general board discussion on the reasoning. 82.3 City Attorney McCord stated the lease was to lease a space for a direct phone to a lessee (a hotel, motel, etc.) --not for the phone. The Board would be approving the form of the lease to be used. 82.4 Mr. Dale Frederick stated the City already had a carrousel to be used. 82.5 Director Lancaster, seconded by Henry, made a motion to approve the phone system. 82.6 Director Sharp stated he did not feel the City was trying to encourage people to buy advertising space. However, this contract and rate structure indicated otherwise. 82.7 There was general discussion regarding the philosophy of soliciting advertising and the meaning of the contract and its implications. Due to several unanswered questions, Directors Lancaster and Henry withdrew their motions. 82.8 Director Henry, seconded by Osborne, made a motion to table for further clarification. Upon roll call the motion passed unanimously. NOMINATIONS 82.9 Mayor Noland introduced a report from the nominating committee regarding appointments to the Library Board of Trustees and the Board of Adjustment. 82.10 Director Henry, seconded by Bumpass, made a motion to approve the nomination of Jan Trumbo for the unexpired term of David Parker, ending April 1, 1986 to the City Library Board of Trustees, and to approve the reappointment of Larry Tompkins to the Board of Adjustment for a term ending April 1, 1987. 82.11 Upon roll call the motion passed unanimously. RELOCATION AWARD/WATER & SEWER LINES ALONG HIGHWAY 62 W. THROUGH FARMINGTON 82.12 Mayor Noland introduced the awarding of a bid for the relocation of water and sewer lines along Highway 62 West, from Highway 71 through Farmington. 82.13 Director Todd asked when the study was conducted was there an allocation of costs between in- and out -of -city customers factored into the rates. City Manager Grimes stated there was factoring employed so that everyone would be paying their share of the costs. Director Todd expressed his concern that the city residents not pay for the outside city costs and vice versa. 82.14 Mayor Noland pointed out that the recommendation was to accept the bid of Kraus Construction Company for $629,626.85. 82.15 Mr. Joe Tarvin, from McGoodwin, Williams & Yates Engineers, stated the easements required had already been granted. There could be some temporary construction easements required. 82.16 Director Lancaster, seconded by Bumpass, made a motion to approve the relocation, contingent upon Black and Veatch, the consultants, doing the rate study and properly allocate costs between in-service use to the city and its residents with the costs to outside the city users insuring that those receiving the benefits pay their proportionate costs. 82.17 Upon roll call the motion passed unanimously. RESOLUTION NO. 62-82 APPEARS ON PAGE oVA, OF ORDINANCE & RESOLUTION BOOK XIS 1 1 1 May 4, 1982 83 WATER AND SEWER TRUCK PURCHASE Mayor Noland introduced the requested approval of a budget adjustment to 83.1 allow the Water and Sewer Department to spend an estimated unbudgeted $11,000 to purchase a truck. Mayor Noland explained the new truck was needed to replace a truck that was destroyed in an accident. Mr. Grimes stated that a 3/4 ton truck was needed because the truck would 83.2 be used as a service vehicle. The request for approval would allow the City to advertise for bids. Mr. Grimes further explained that the accident was the fault of the city driver, and the truck was totaled with no insurance to cover the loss to the city vehicle. Director Lancaster, seconded by Sharp, made a motion to approve the request. 83.3 CO Upon roll call the motion passed unanimously. RESOLUTION NO. 63-82 APPEARS ON PAGE a86, OF ORDINANCE & RESOLUTION BOOK XIV (� SPILLING TRUCKS Mayor Noland introduced an ordinance prohibiting trucks from being loaded 83.4 a or operated in such a way that their load drops, spills, leaks, or otherwise escapes. City Attorney McCord stated there was a state statute regulating this 83.5 problem, but it carried no penalty for violation. Therefore, the proposed ordinance paralleled the state statute but carried a penalty for violation. City Attorney McCord read the ordinance for the first time. Director 83.6 Osborne, seconded by Bumpass, 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 Noland, moved that the rules be further suspended and the ordinance be placed on third and final reading. Upon roll call the motion passed unanimously, and the City Attorney read the ordinance for the final time. Upon roll call the motion passed unanimously. ORDINANCE NO. 2809 APPEARS ON PAGE Si OF ORDINANCE & RESOLUTION BOOK k'14( PROPERTY CLEANUP/949 BOONE STREET Mayor Noland introduced for further consideration the third and final - 83.7 reading of an ordinance authorizing the City Manager to have unsightly property conditions at 949 Boone Street abated. Mayor Noland stated that a building permit had been issued. Director Bumpass, seconded by Todd, moved to table the item. There was 83.8 general discussion regarding when the issue should be brought back to the Board for further consideration. The Board decided for the Inspection Department to monitor the progress of the improvements, and if inadequate, the issue should be brought to the Board at that time. Upon roll call the motion to table passed unanimously. 83.9 PARKS DEPARTMENT/BOX CULVERT CONSTRUCTION Mayor Noland introduced a request by the Parks Board for approval for construction of a box culvert for street channelization in the area west of the boundaries of the two fields that were authorized in Walker Park. Mayor Noland stated that the Parks Board was requesting board acknowledgement of this extension. Director Todd, seconded by Osborne, made a motion to acknowledge the request. 83.10 83.11 May 4, 1982 84 84.1 Director Lancaster asked if this would have any bearing on the community development funding of the park projects. Mr. McWethy stated that it would not cause any problems. To build the box culvert would probably cost less than the original planned drainage system. In addition, the box culvert would make more level land available in that area. 84.2 Upon roll call the motion passed unanimously. UTILITY RELOCATION AGREEMENT/ARKANSAS WESTERN GAS CO. 84.3 Assistant City Manager McWethy stated a resolution was needed to authorize the Mayor and City Clerk to enter into an agreement with Arkansas Western Gas Company for utility line relocation for gas lines on 9th and 13th Streets. The estimated costs for the two streets are $3,600 and $5,700. 84.4 Mr. Rick Mason stated the lines on 13th Street ran down the middle of the street. He had been trying to get the company to move the lines for the past two months because the contractor was ready to go to work. 84.5 Mayor Noland stated he felt it was inequitable for the City to have to pay the cost of moving their own lines as well as other companies' lines that needed to be moved for construction purposes, etc. He felt the other utility companies should pay for moving their own lines. He suggested putting the roads over the lines, and if there was a problem with the lines at a future date, the expense would be on the utility company to repair the lines and street. 84.6 City Attorney McCord stated that the franchise had been redrafted a few years ago, and he thought a provision had been included that a utility company agreed to relocate their lines when necessary for street improvement projects. He stated he would verify this. 84.7 There was general board discussion regarding this problem. 84.8 Director Osborne requested that if Mr. McCord determined that the City had not altered the franchise agreement, that this be done as soon as possible. 84.9 The Board decided to defer action on this issue for two weeks pending Mr. McCord's findings. FULBRIGHT ENTERPRISES OFFER 84.10 City Manager Grimes introduced the offer from Fulbright Investment Company to sell to the City for $600,000.00 the Woolworth property, KHOG property, and the Penney Service Building for their consideration. COUNTY GROWTH AREA 84.11 City Manager Grimes informed the Board that the County Planning Commission was proceeding with their plans for the county growth areas and have public hearings scheduled for May 17, 1982, throughout the county. PROPOSED COUNTY JAIL FACILITY QUESTIONNAIRE 84.12 City Manager Grimes pointed out the questionnaire and suggested the Police and Fire Committee meet and discuss this. He further suggested a representative of the City attend the meeting of May 17. CITY HALL TOUR/BENTONVILLE 84.13 Director Sharp stated that the Bentonville City Hall had just completed a renovation by the same architects that are to do the Fayetteville renovation. The Board decided to tour their new building. WALKER PARK NORTH & WASHINGTON PARK SOUTH/LANDSCAPE ARCHITECT 84.14 Director Sharp suggested the consideration of a landscape architect to determine which trees in the construction sites were worth preserving, relocating, etc., and in what manner it should be done. He aksed if the $1,000 to $1,500 cost to do this could be budgeted from the community development parks money. 1 1 op co N U m Q May 4, 1982 85 Mr. McWethy stated that the Parks Board already had a master plan for 85.1 the park projects that the Board had approved, and the projects were being constructed according to the plan. Mr. McWethy suggested a budget adjustment to the Parks budget which would be the quickest way to handle the cost of the landscape architect. Director Sharp, seconded by Bumpass, made a motion to have someone look at 85.2 the area and be in on the preliminary plans to determine which trees should be saved at a cost not to exceed $1,500 and make a budget adjustment for this amount. Mr. Grimes pointed out that the Board was in favor of "active" parks, i.e., 85.3 those with ball fields and physical sporting facilities rather than a more "passive" park with landscaping, trails, etc. However, the Board would like to preserve some of the nicer trees if possible in the area. Director Todd asked about the timetable for these projects. It was 85.4 discussed that there was no real rigit timeframe; however, it was desired to have the projects completed as soon as possible. The motion was amended to exclude any dollar amounts. 85.5 Director Todd expressed his concern about the urgency to complete the 85.6 projects. He felt the need for the soccer and recreation fields had a very high priority and did not want the construction to be delayed. There was general discussion about the time involved. The Board decided 85.7 for the City Manager to solicit for a landscape architect and a decision to be made at the next board meeting. The concensus of the Board was to proceed as soon as possible with the construction of the fields at the parks. The proposal from the landscape architect should be presented to the Board 85.8 at the next meeting and contain the amount of time required by the architect to perform the job. Upon roll call the motion passed 6 to 1, with Director Todd voting in the 85.9 minority. CLOSING HOURS LETTER Director Lancaster requested the City acknowledge the letter from the members of the Grace Baptist Church stating that their comments in support of the closing hour were appreciated. 85.10 MINUTES Director Todd had the following changes: (1) at page 76.2, "with the 85.11 understanding that the City Manager would continue to make known to the ABC all proposed violations of local zoning laws" should be added after "The Board took no action." (2) at 76.7, add "and about the apparent lack of preparedness for such emergencies such as this and the gas line explosion last year. Director Bumpass had the following changes: (1) at page 77.7, it should be noted that the CEC is a public building, but the Hilton is a privately owned building. With these changes the minutes were approved. 85.12 WASTE WATER TREATMENT PLANT Director Todd stated the Water and Sewer Committee had given the go ahead 85.13 to seek proposals for the project. ADJOURNMENT There being no further discussion, the meeting adjourned at 9:55 p.m. 85.14