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HomeMy WebLinkAbout1982-06-15 Minutes• in cee 126 MINUTES OF A BOARD OF DIRECTORS MEETING P„ _ I"ct-�y'�: A meeting of the Board of Directors was held on Tuesday, June 15, 1982, at 7: 30 p. m. , in the Board of Directors RbaM, City Administration Building, Fayetteville, Arkansas. PRESENT: Directors Osborne, Sharp, Noland, Dumpass, Henry, and Lancaster; City Manager Grimes, Assistant City Manager McWethy, City Attorney McCord. and City Clerk Rowe; members o f the press and audience. ABSENT: Director Todd. CALL TO ORDER Mayor Noland called the meeting to order and asked for a moment of respectful silence ZION ROAD/TRAFFIC LIGHT AT HIGHWAY 71 INTERSECTION Mayor Noland introduced a recommendation from the Board Street Committee regarding improvements to the traffic safety problems associated with the Zion Road/Highway 71 intersection. The Street Committee met on June 8 and ✓ ecommended the traffic signal system, and the Mall management indicated they would be willing to pay the major portion of the cost of the entire system. Mr. CYtmes reported that several city officials had met with the Highway Department in Little Rock, and had received verbal approval of a traffic signal system for the Zion—Highway 71 intersection and one at Stearns Road but not a signal at Johnson Road. Director Sharp, seconded by Noland, made a motion to approve the Street Committee recommendation. Director Lancaster asked if the Highway Department would be engineering the project and be responsible for the lights. Mr-- Grimes stated the Highway Department had indicated they preferred the Mall to engineer the project subject to Highway Department approval. Mr. Bill Giese addressed the Board in opposition of any development that would create additional traffic on Zion Road. There was general discussion about the future mental health care treatment center that is to be constructed in t he area and the method of financing the facility. City Attorney McCord stated the financing arrangement was a typical method employed for services of this type that would be beneficial to the community. Mr. Arthur Mueller, a Zion Road resident, stated that he had understood from the Street Committee meeting that the Mall was only willing to finance the traffic signal project } 1 MINUTES OF A BOARD OF DIRECTORS MEETING if there was a signal put at Johnson Road. Mr. Grimes stated that the Mall had recommended a light at Johnson Road, but they had not based their financing contingent upon the recommendation. Mr. Jack Ray addressed the Board as the spokesman for the Zion Road residents. He felt the Board had an o bligation -to stop the current traffic problems on Zion. He felt this should be done before any additional traffic flow was added to the road. Mr. J. C. Cole stated the light would help the dangerous intersection, but it would not decrease the number o f cars on Zion; in fact, it could increase the number of cars making access at the intersection safer. There being no further discussion, upon roll call the motion passed 5 to 0 to 1 with Director Henry abstaining. DEVELOPMENT APPEAL/PARK LAKE APARTMENTS Mayor Noland introduced for further consideration the appeal of a decision by the Planning Commission regarding the approval of the Large Scale Development for Park Lake Apartments. (Background information is located on page "B" o f the attached agenda.) Mr. Claud Prewitt addressed the Board and indicated on a plat map the proposed location of the complex and the road as seen from the entrance to the complex. He noted the distances on both sides of the entrance where oncoming traffic could be seen. He stated the city sewer would be brought up to the complex site; therefore, the Zion ✓ esidents would be able to connect onto city sewer lines. He stated the developers had complied with all regulations and requirements in planning the development, and it would be unconstitutional to change any of these at the current time. Director Bumpass made a motion to affirm the action of the Planning Commission and approve the project. Director Sharp seconded the motion. City Attorney McCord outlined the issues the Board n eeded to consider. The Board has the authority to refuse t o confirm the decision of the Planning Commission if they f eel the development would not be in the best interest of the City. The Board should also determine if the Planning Commission finding that the additional traffic from the development would compound the existing traffic problem was in error. The Board needs to determine if the off—site improvements required were in error. Director Sharp felt the light would help the intersection, but he felt an overpass may be needed at some future date. Mr. Perry Franklin, Traffic Superintendent, had indicated the light would help the intersection, and he 127 II 1 MINUTES OF A BOARD OF DIRECTORS MEETING did not feel the development would create significant additional traffic problems. Mr. Mueller stated that Zion served as a "collector street" and outlined the requirements for this type of street. Mayor Noland pointed out that the developer brings his part of the street up to code. Mr. Mueller asked what the city plans for Zion Road were for the near future. There was general discussion about the requirements of bringing the road up to code and by whom and when the improvements would be made. Mayor Noland pointed out the ordinance stated that the improvements to the road were to take place as the development occurred. Mr. Mueller requested that the Board not allow the complex be constructed. He also outlined alternatives and o ther issues for the Street Committee to address. Mr. Grimes reported that a traffic count had been conducted. For an eight hour period on June 8, 793 vehicles crossed the count point. Mayor Noland stated the City was planning to extend Stearns to Old Missouri Road in the near future. D irector Bumpass understood from talking with Mr. Franklin and Mr. Prewitt that the proposed street improvement in front of the complex would make the road safer than it is currently at that point. Mr. McCord stated, in response to the insinuation that the project had not been adequately reviewed, that the Board had reviewed and passed the ordinances which serve the P lanning Commision as guidelines. The Plat Review )Committee had jdetermined that the development would not create additional traffic problems. In summary, there had been adequate review of the proposed development. Mayor Noland stated that this development was consistent with the method Fayetteville was using to develop. As each location is developed, the roads, etc., are then brought up to code regulations. This method was t he only economical way the town could be developed. Mayor Noland further suggested omitting the curbs on the road improvement at this time. Instead, he suggested ✓ equiring the developer to improve the road on both sides ✓ ather than just the side the development abuts. He stated this was not a Street Committee recommendation, but it might B e part of a solution to the current traffic problems. There was discussion about the develpment being partially financed through HUD. Mr. Prewitt stated the complex was not a low—rent HUD project or a work release center. He stated the project would be financed through a 128 1 t 1 MINUTES OF A BOARD OF DIRECTORS MEETING bank in Little Rock by the FHA with a HUD guaranteed loan. Mr. Mueller discussed issues not relating to the traffic problems but that he felt related to the project as a whole which should be considered in determining whether or not to approve the construction of the project. Mr. Jamie Jones addressed the Board in opposition of the complex. He read the section of the code relating to the large scale developments. He felt, that according to the code, the complex would "create or compound a dangerous traffic condition" and based on this standard, the Board had the authority not to approve the large scale development. He felt the following items should be considered before approving a large scale development: (1) the widening of Zion Road, (2) alter the topography of the road, (3) construct frontage or an access road from Zion to Stearns or Joyce Streets, (4) enforcce and/or reduce the speed limits on Zion, and (5) no large scale development should be approved on Zion until these problems have been dealt with. Director Bumpass stated that lowering the speed limit would be easy to do. In addition, the Traffic Department had already been instructed to place "NO TRUCK" signs on Zion. He explained that because of the costs involved, the City could not do everything at once. The developers had been checking with the City during the planning of the complex, and they had complied with all regulations. There being no further discussion, upon roll call, the motion to affirm the Planning Commission decision passed by a vote of 3 to 1 to 2, with Director Osborne voting against the motion and Directors Henry and Lancaster abstaining. STREETLIGHTS Mayor Noland introduced a public hearing concerning the installation of eight streetlights on Greenview, Viewpoint, Shrewsbury, and Pembroke Streets. (Background information is located on page "B" of the attached agenda.) A resident of Viewpoint stated he was in favor of the lights. Another member of the audience stated she was against the installation of additional lights. She felt that they would be too costly in the long—run, and the added light obstructs viewing the starts and sky. Mr. Calvin Berry, a resident on West Shadowridge wanted the lights to help lessen the vandalism problems in the area. He further requested that a light be installed on the pole at Hammond and West Shadowridge. Mr. Hinkle of 1648 Shadowridge stated he was in favor of the lights. Mr. Clarence Young of 1625 E Ridgeway stated he was in favor of the lights being intalled. He distributed 129 i MINUTES OF A BOARD OF DIRECTORS MEETING copies of a map he had compiled with the residences in the area who had indicated whether they were for and against the lights. He felt the people objecting to the lights in the neighborhoods were given priority over the residents in favor of the lights. He felt there was a definite need for the additional light in the area. Mr. Estes addressed the Board in favor of the lights. He felt the City should enforce their "police powers" and protect the people by installing lights whether they wanted them or not. There was discussion about the necessity of ✓ e—notifying the residents affected by the lights that had failed to respond initially. Mr. Clarence Young felt there were as many or perhaps more people for the lights than against who had simply not ✓ esponded. He felt people responded more in the negative rather than the positive. Director Bumpass, seconded by Mayor Noland, made a motion to approve the installation of the lights at the e ight locations listed in the agenda. He suggested contacting the people of Mr. Young's map that had not responded for input before a decision is made about lights for that area. Mr. McWethy pointed out that everyone in the area had ✓ eceived a letter asking for input on the streetlight installation. Mr. Young felt the city letter only dealt with the e ight locations listed, and that any other areas had been e liminated. The letter was read by Mr. Young. Mayor Noland expressed his appreciation for the work Mr. Young had done in contacting the residents of the area. The general concensus was to contact the residents who had not responded on the map Mr. Young had compiled before taking action on lights in the area. These locations would be discussedd at a later meeting. There being no further discussion, upon roll call, the motion to approve the eight locations for streetlight installation passed unanimously. APPLEBY ROAD IMPROVEMENT DISTRICT DISCUSSED Mayor Noland introduced the second reading of the ordinance establishing an improvement district to pave Appleby Road. (Background information is located on page "C" of the attached agenda. ) time. City Attorney McCord read the ordinance for the second 130 MINUTES OF A BOARD OF DIRECTORS MEETING Director Osborne suggested that possibly changing the commissioners of the proposed district might lessen the o pposition. If Mr. Wade Bishop was replaced, he felt o pposition might decrease. Mr. Bishop responded that he felt the commissioners should be people interested in the district and work for it. He felt if he was removed as a commissioner, the cause for doing so should be justified. The ordinance remained on second reading. CABLE COMMITTEE Mayor Noland introduced a request for an opportunity to discuss the formation of a committee to study complaints concerning Warner Cable's service versus charges. He stated the complaints were not with the basic services rather with the auxiliary services the cable company offers. Several of the directors had received complaints of this nature. Mr. "Rip" Lindsay of Warner Cable addressed the Board. He stated the main objections he had heard regarded the cost o f the services. He stated the complaints that other towns provided better services for a lower cost was due to the fact that Fayetteville was relatively small compared to Dallas or Little Rock, two of the cities that Warner Cable o f Fayetteville was being compared with. He felt the Fayetteville service was competitive with the Springdale cable system that was comparative in regard to size and services with the Fayetteville system. An attorney representing Warner Cable stated there was a procedure outlined in the franchise for complaints. City Attorney McCord stated the complaint procedure in the franchise dealt with other types of complaints than the one before the Board at this time dealing with rates versus services. Mr. McCord pointed out that there was no provision in the franchise for the city to regulate auxiliary service charges. Director Bumpass, seconded by Osborne, made a motion to form a committee to study the cable system. Warner Cable stated they would be willing to work with a committee in this regard. The committee is to consist of five members and is to be formed through the advertising procedure for committees. The committee will expire on December 31, 1982. Upon roll call the motion passed unanimously. PARKING RATES FOR PARKING GARAGE Mayor Noland introduced a recommendation from the City Manager regarding proposed rates for the city parking deck on Meadow Street. (The proposed rates and times are on page "Du 132 MINUTES OF A BOARD OF DIRECTORS MEETING of the attached agenda.) Mr. Grimes recommended the rates. Director Osborne stated he had given a list of the proposed rates to every merchant on Center Street and he had received no objections. There was general board discussion about how to collect the money. Mr. Grimes stated the machines could be changed to accept either money or cards. Director Lancaster expressed concern that someone might pay x.50 and stay all day. Mr. Grimes felt the system should be implemented as planned, and alter the system at a later date if the system was abused. City Attorney McCord read the ordinance for the first time. Director Osborne, seconded by Henry, made a motion to suspend therules andd place the ordinance on second reading. Director Osborne suggested an amendment to the times and change the daily hours from 5:00 a.m. to 4:30 p.m. to 5:00 a.m. to 5:00 p.m. He felt this would give the people that work until five an opportunity to visit their offices right before five and not have to pay a charge since they already have a monthly parking card. This amendment was accepted by the Board. Upon roll call the motion passed unanimously, and City Attorney McCord read the ordinance for the second time. Director Osborne, seconded by Henry, 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 third time. Upon roll call the ordinance passed unanimously. '/ ORDINANCE 2815 APPEARS ON PAGE �T/� OF ORDINANCE & RESOLUTION BOOK X(/ COMMERCE DRIVE SIDEWALKS Mayor Noland introduced an ordinance amending the Master Sidewalk Plan to include a sidewalk on Commerce Drive. City Attorney McCord read the ordinance for the first time. Mayor Noland, seconded by Bumpass, made a motion to suspend the rules andplace the ordinance 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, 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 th the ordinance passed unanimously. 1 1 MINUTES OF A BOARD OF DIRECTORS MEETING ORDINANCE 2816 APPEARS ON PAGE 145 OF ORDINANCE & RESOLUTION BOOK ,Ki( S IDEWALK WAIVERS Mayor Noland introduced a report from the Board Sidewalk Committee regarding requests for waivers from the literal provisions of the Master Sidewalk Plan. (The recommendations are outlined on pages "D" and "E" of the attached agenda.) Director Osborne, seconded by Henry, made a motion to approve the first five and the last recommendation. Upon roll call the motion passed unanimously. D irector Sharp stated the sidewalk at the E—Z Mart location could be constructed by placing bumper blocks along a five—foot section to isolate the sidewalk area. If the sidewalk requirement was not waived, the result would be an 13—foot sidewalk. D irector Sharp, seconded by Henry, made a motion to approve the waiver. Upon roll call the motion passed by a vote of 5 to 1, with Mayor Noland voting in the minority. Director Sharp, seconded by Osborne, made a motion to table the Northwest Center location until the petitioner could be present. Upon roll call the motion passed unanimously. STOP SIGN/EAST MAPLE AND NORTH WALNUT Mayor Noland introduced a recommendation from the Board Street Committee that four—way stop signs be re—installed at the intersection of East Maple and North Walnut. Director Sharp stated that since the removal of the signs, there have been several accidents as a result of no signs. He recommended re—installing the signs and then a study be conducted to find a method to alleviate the traffic problems at the intersection. D irector Sharp, seconded by Bumpass, made a motion to install the signs. Upon roll call the motion passed a vote of 5 to 1, with D irector Osborne voting in the minority. S IDEWALK INSTALLATIONS Mayor Noland introduced the review and approval of a priority li.s•t for the installation of sidewalks in the 1982 P ublic Works Budget. (A list of the locations is on page "E" of the attached agenda.) There was no opposition to any of the proposed locations. Director Sharp, seconded by Noland, made a motion to 133 i MINUTES OF A BOARD OF DIRECTORS MEETING approve all locations with the addition of concrete steps at the intersection of North Lindell and North Street. Upon roll call the motion passed unanimously. PROPERTY CLEANUP --949 BOONE STREET Mayor Noland introduced the third and final reading of an ordinance authorizing the City Manager to have unsightly property conditions at 949 Boone Street abated. Mayor Noland, seconded by Bumpass, made a motion to further suspend the rules and place the ordinance on third and final ✓ eading. Upon roll call the motion passed unanimously. Mr. Jim Hall, attorney for Mr. Eoff, stated that the house had not flooded because of the large rain, but the rain had prevented the construction crews from being able to raise the house. Mr. Kenneth Murrell, the person to work on the house, stated he could have the work completed in 30-60 days. D irector Osborne, seconded by Lancaster, made a motion to table the issue until the building permit expires. Upon ✓ oll call the motion passed unanimously. REZONING—EOFF TRUST CORNER OF HWY 62 W. AND S. HILL ST Mayor Noland introduced an ordinance rezoning property, as requested in rezoning petition R82-8. (Background information is located on page "F" of the attached agenda.) The attorney for Mr. Eoff stated the reason the ✓ ezoning was being requested. The plans were for a ✓ estuarant featuringvideo games. Director Lancaster stated that this would be the only building in the area tht would be zoned C-2. poSLa D irector /Sha p stated the basis for rezoning was not based on the use of the property rather based on the best ✓ se of the land. City Attorney McCord read the ordinance for the first time. Mayor Noland, seconded by Bumpass, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call the motion passed unanimously, and the City Attorney read the ordinance for the second time. Mayor Noland, seconded by Henry, made a motion to further suspend the rules and place th 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 ordinance passed by a vote of 4 to 2, with Directors Noland and Lancaster voting in the minority. ORDINANCE 2817 APPEARS ON PAGE/471/40F ORDINANCE & RESOLUTION BOOK X/( PROPERTY FIX—UP--987 S. WASHINGTON AVENUE 134 1 1 MINUTES OF A BOARD OF DIRECTORS MEETING Mayor Noland introduced an ordinance authorizing the City Manager to have the unsafe structure located at 987 S. Washington Avenue repaired or demolished at the owners' e xpense. City Attorney McCord read the ordinance for the first time. Director Osborne, seconded by Lancaster, made a motion to suspend the rules and place the ordinance 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, made a motion to further suspend the rules and place the ordinance on third and final reading. Upon roll call the motion passed unanimously. Director Sharp, seconded by Osborne, made a motion to table the item until the next meeting to give the directors time to view the property. Upon roll call the motion to table passed unanimously. FUEL PURCHASE Mayor Noland introduced an ordinance waiving competitive bidding requirements and retroactively awarding the bid for the purchase of 8,000 gallons of no—lead fuel. Purchasing Officer Mackey stated the need for this was because fuel bids are only guaranteed for 24 hours. However, he did take phone bid bids. City Attorney McCord read the ordinance for the first time. Director Osborne, seconded by Noland, made a motion to suspend the rules and place the ordinance on second ✓ eading. Upon roll call the motion passed unnimously, and the City Attorney read the ordinance for the second time. D irector Osborne, seconded by Henry, 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 ordinance passed unanimously. ORDINANCE 2818 APPEARS ON PAGE % OF ORDINANCE & RESOLUTION BOOK XIII RIOT GEAR FOR POLICE DEPARTMENT Mayor Noland introduced an ordinance waiving competitive bidding requirements for the purchase of riot gear for the Police Department. City Manager Grimes stated the gear was helmets and vests. City Attorney McCord read the ordinance for the first t ime. Director Osborne, seconded by Henry, made a motion to suspend the rules and place the ordinance on second reading. 135 1 MINUTES OF A BOARD OF DIRECTORS MEETING Upon roll call the motion passed unanimously, and the City Attorney read the ordinance for the second time. Director Osborne, seconded by Henry, made a motion to further suspend t he 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 ordinance passed'Lunanimously. ORDINANCE 2819 APPEARS ON PAGE 7 OF ORDINANCE & RESOLUTION BOOK XIII B ID AWARDS Mayor Noland introduced the bid awards. (The bids are listed on page "G" of the attached agenda.) D irector Bumpass, seconded by Noland, made a motion to approve all the bids. Upon roll call the motion passed unanimously. WALKER PARK NORTH PRESENTATION Dr. Alfred Einert made a presentation to the Board of his proposals for the softball and soccer ball fields at Walker Park. (A copy of the report is on file in the City Clerk's office.) Dr. Einert reported that there were several trees of value in the area, Due to the drainage, terrain, andlack of space, He suggested eliminating one softball field at this time. D irector Sharp expressed his appreciation to Dr. E inert for his work on this project and on other city projects he has completed free of charge. Mr. Don Nelms asked why the second baseball diamond had been eliminated rather than the second soccer field. There was discussion that the fields were being constructed according to the desires of the public. Director Lancaster expressed his concern that the Parks and Recreation Board had not been able to give their input into this new plan. D irector Osborne, seconded by Sharp, made a motion to accept the the plan and develop the park as presented. It was pointed out that only one soccer field and the softball f ield could be constructed at this time. Upon roll call the motion passed unanimously. MEXICAN ORIGINAL EASEMENT ABANDONMENTS Mayor Noland introduced a request by Mexican Original for easement abandonment on their land. The Mexican Original representative stated that the lines would then become service lines. Also, the easements abandonments are necessary before a building permit can be granted. 136 •1,I7 MINUTES OF A BOARD OF DIRECTORS MEETING Director Lancaster expressed concern about letting the whole area use one large meter rather than each business or entity having their own meter. He felt other developments might want a system of this type to take advantage of quantity discount on rates. City Manager Grimes stated he thought this was the way shopping centers operated. In addition, the tenants would be vacating the Mexican Original property when their leases e xpire. D irector Bumpass, seconded by Sharp, made a motion to table until the next meeting to allow for further study. Upon roll call the motion passed unanimously RESPONSE TO SUIT AGAINST CITY FILED BY STATE OF OKLAHOMA City Attorney McCord stated that a response needed to be filed in regard to the lawsuit filed against the City of Fayetteville by the State of Oklahoma. He stated the Attorney General could file a response or he could file a separate response whichever the Board preferred. Director Lancaster stated he preferred for Mr. McCord to file the response. D irector Lancaster, seconded by Noland, made a motion for Mr. McCord to file a response. Director Osborne suggested letting the Attorney General's office file the response until such time there is a determination about the validity of the suit. If the suit is determined to be ready and not premature, then have Mr. McCord respond on behalf of the City. Director Bumpass felt the City should go ahead and make a separate statement. Upon roll call the motion passed unanimously. AIRPORT NOISE STUDY Mr. Grimes stated that the airport noise study had been received, and a public hearing had been held. He asked t hat the Board formally state they have reviewed and accept the study. This would not be an endorsement for or against the study. Director Henry, seconded by Bumpass, made a motion to acknowledge receipt of the study. Upon roll call the motion passed unanimously. STORM DAMAGE Mr. Grimes requested that the Board approve reasonable e xpenditures that may be required to repair the damage of • • J i att. Ist* 111 MINUTES OF A BOARD OF DIRECTORS MEETING the storm and flooding that occurred on June 15, 1982. He stated the roads and other areas had incurred considerable damage as a result of the flooding. Director Osborne, seconded by Henry, made a motion to authorize Mr. Grimes to approve expenditures, which may e xceed Mr. Grime's $2,500 limit, to repair storm damage. Upon roll call the motion passed unanimously. SWIMMING POOL REPORT D irector Osborne, stated the pool plans were ready to be advertised for bids in July. The cost of the pool appears t o be higher than the preliminary cost figures. The timetable for the pool is as follows: receive bids on July 27; construction started on September 1; and completion of the pool by April 1, 1983. Director Osborne stated some of the cost figures were now reaching the $1 million figure, however, there were several deductive alternates included in the bid to allow for cost deviations. MINUTES City Attorney McCord had the following changes in the minutes: (1) On page 108, paragraph 4. delete "the c-omm4s-s-i-overs must bear only the portion of the costs of an o ff—site improvement that bears a rational nexus to the need created by a development, but"; (2) On page 108, paragraph 4, put a semicolon after "itself" and add "that"; and (3) On page 112, delete the last sentence of paragraph 5. D irector Osborne stated on page 115, the vote numbers should be changeed to 5 to 0 to 1, with Director Henry abstaining. ADJOURNMENT There being no adjourned at 12:15 a. m. further discussion, the meeting 138