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HomeMy WebLinkAbout1982-06-20 MinutesMINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Board Tuesday, July 20, 1982, at Directors Room, City Fayetteville, Arkansas. of Directors was held on 7:30 p. m. , in the Board of Administration Building, PRESENT: Directors Noland, Bumpass, Henry, Lancaster, Todd, Osborne, and Sharp; City Manager Grimes, Assistant City Manager McWethy, City Attorney McCord, and City Clerk Rowe; members of the press and audience. ABSENT: None CALL TO ORDER Mayor Noland called the meeting to -order and asked for a moment of respectful silence. STREETLIGHT HEARING Mayor Noland introduced a public hearing regarding the Installation of streetlights on East and West Ridgeway, East and West Shadowridge, and on Crestwood. (Additional information is located on page "A" of the attached agenda. ) D irector Lancaster stated he felt the City should not install streetlights where people do not want them. The Board basically agreed with this idea and proceeded to determine which of the proposed streetlights would be e liminated or installed. Several of the area residents were present at the meeting to voice their opinions on the proposed lights. After general discussion, Mayor Noland, seconded by Todd, made a motion to eliminate the proposed lights located between lots 4 and 5 on Viewpoint, lots 5 and 6 and lots 10 and 11 on West Ridgeway, lot 17 on Crestwood, and between lots 39 and 40, lot 33, and lots 28 and 29 on East Ridgeway. Upon roll call the motion passed unanimously. D irector Bumpass, seconded by Lancaster, made a motion to eliminate the proposed light located between 1616 and 1648 East Shadowridge Drive. Upon roll call the motion passed 4 to 3, with Directors Noland, Osborne, and Sharp voting against the motion. D irector Noland, seconded by Henry, made a motion to e liminate the proposed light between lots 11 and 12 on East Shadowridge. Upon roll call the motion passed unanimously. D irector Todd, seconded by Osborne, made a motion to 158 Ymerwr • MINUTES OF A BOARD OF DIRECTORS MEETING e liminate the proposed light between lots 3 and 4 on Greenview Drive. Upon roll call the motion passed unanimously. Director Lancaster, seconded by Noland, made a motion to eliminate the light proposed to be installed between lots 9 and 10 on Viewpoint. Mr. McWethy pointed out that this location had been approved by the Board at a previous meeting, and the majority of the property owners were in favor of the light. Mayor Noland withdrew his second, the the motion died due to the lack of a second. Director Lancaster made a motion to approve and proceed with the remaining proposed light locations. After further discussion, Director Todd, seconded by Osborne, made a motion to eliminate the location between lots 17 and 18 on East Shadowridge Drive. Upon roll call the motion passed 5 to 2, with Directors Noland and Bumpass voting in the minority. Mayor Noland seconded Director Lancaster's motion. Upon roll call the remaining locations were approved. (A copy of the map is attached. The proposed lights are indicated by a "P"; the existing lights are indicated by an "E"; and an "X" over the "P" indicates the proposed location that was eliminated.) BARBED WIRE Mayor Noland introduced an ordinance amending the City Code regulationss regarding barbed wire fences near sidewalks. (Additional information is located on page "C" o f the attached agenda. ) This amendment would prohibit barbed wire fences from being erected in such a manner that the fences would pose a hazard to pedestrians ✓ egardless of whether a sidewalk is nearby or parallel w ith a fence. In addition, it would allow "cyclone fences" (usually consisting of a mesh fence 6 to 8 feet high with strands of barbed wire on top) to be constructed. City Attorney McCord read the ordinance for the first time. Director Osborne, seconded by Todd, made a motion to suspend the rules and place the ordinance on second ✓ eading. 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, and the City Attorney read the ordinance for the final time. Upon roll call the ordinance passed unanimously. ORDINANCE 2835 APPEARS ON PAGE &O OF ORDINANCE _RESOLUTION BOOK Ali 159 {MINUTES OF A HOARD OF DIRECTORS MEETING REZONING Mayor Noland introduced an ordinance requesting ✓ ezoning of .48 acres on the north side of Highway 62 West, just west of Oak Road. Mayor Noland stated the petitioners, Wilford and Serene Osborn, had agreed to ✓ equest that this item be tabled until the next meeting. Mayor Noland, seconded by Osborne, made a motion to table. Upon roll call the motion passed unanimously. S IDEWALK VARIANCE Mayor Noland introduced a recommendation from the H oard Street Committee regarding a variance from the literal sidewalk requirements for Clover Creek Subdivision. (Additional information is located on page "D" of the attached agenda.) D irector Sharp stated that a three foot sidewalk was in existence in front of several of the lots. He felt it would be a waste to require the sidewalks to be redone to comply with the four—foot requirements. He requested that the sidewalks be completed and approved at the four—foot w idth for lots 1, 14, 45, 46, 47, 48, and 49. Where the three—foot sidewalks already exist, they may remain, and three—foot walks may be installed on lots 53 and 64. D irector Henry, seconded by Lancaster, made a motion t o approve the recommendation. Upon roll call the motion passed unanimously. ENGINEERING AMENDMENT Mayor Noland introduced an amendment to an agreement for engineering services with McGaodwin, Williams & Yates to raise the cost ceiling from $57,000 to $70,000 for the preparation of the EPA plans and specifications for the ✓ ehabilitation of the sewer system. D irector Todd asked if the project was still progressing full—speed after taking into consideration the information given to the Board regarding the feasibility o f the sewer facility system. He felt the city should ✓ eview and assess the situation before continuing with the studies and proposals. Mr. Carl Yates stated that this increase was to cover the cost of the plans that were prepared to be submitted to the EPA the first of June. The reason for the increase was the study took more time than anticipated, and due to federal regulations, a minority business was required to da a certain percentage of the job which added an extra charge to the total cost of the study. Mr. Grimes stated that McClelland had estimated the cost relatively close initially, but the EPA had reduced 161 1 1 MINUTES OF A BOARD OF DIRECTORS MEETING the estimate from $67,000 to $53,200. D irector Todd expressed concern that the City not close doors that would have allowed for the sewer project to have been reduced. Mayor Noland stated that the City would be paying for the rehabilitation, and it would be the city's decision on how to proceed. The study that McGoodwin had conducted was essential for the City to learn of the possible alternatives for the sewer system. It would not be the EPA's decision. There was general Board discussion about the possibilities for the sewer facilities plant. D irector Bumpass asked what percentage or what cost was actually devoted toward the rehabilitation or fixing t he leaks of the existing lines. Mr. Yates stated the cost was estimated between $1,700,000 and $1,800,000. Mr. Yates stated that this project was cost effective, and there were no options at this point that had been closed to the City. D irector Osborne stated that he felt the study should have been done for what money the EPA had allowed. He felt this was an example of an area where the City should make an adjustment in its policy. He felt the City should work with fixed price contracts rather than a fluctuating cost-plus type contract. The Board generally agreed with t his and agreed to look further into this matter. D irector Bumpass, seconded by Noland, made a motion t o approve the amendment. Upon roll tall the motion passed unanimously. RESOLUTION 90-82 APPEARS ON PAGE 4.1 OF ORDINANCE & RESOLUTION BOOK SIV t ID AWARDS Mayor Noland introduced a bid award for a Street Department tractor and for slurry seal all. Clayton Powell stated the tractor would be used for right-of-way mowing and to assist connstruction grading in tight spots where large graders could not get. Mayor Noland, seconded by Henry, made a motion to approve both bids. Upon roll call the motion passed unanimously. Mayor Noland introduced an ordinanance waiving competitive bidding requirements for the purchase of asphalt, SB -2, and asphalt mixes. Mr. Mackey, Purchasing Officer, stated a bid could not be taken on this due to the nature of the product. The Board requested that Mr. Mackey compare prices with other companies to insure that t he City was getting competitive rates. 162 t MINUTES OF A BOARD OF DIRECTORS MEETING 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 reading. Upon roll call the motion passed unanimously, and the 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, and the City Attorney read the ordinance for the final time. Upon roll call the ordinance passed unanimously. ORDINANCE 2836 APPEARS ON PAGE (a3 OF ORDINANCE & RESOLUTION BOOK AU CABLE TELEVISION LAW PROPOSED BEFORE CONGRESS Mayor Noland stated the proposed law that the cable television companies had requested was presently before Congress would be detrimental to Fayetteville and other cities. The National League of Cities was opposing the law. City Attorney McCord felt if the City chose to oppose the proposed law, then this should be brought to the attention of the senators and congressmen. If the Board chose to oppose the law, he felt a letter should be sent to the senators and congressmen from Mayor Noland. Director Todd, seconded by Osborne, made a motion to send the letter of opposition to the senators and congressmen. Upon roll call the motion passed unanimously. RESIGNATION OF DIRECTOR ANN HENRY Mayor Noland read a letter of resignation from Director Ann Henry. Her ressignation will be effective September 1, 1982. In her letter, she expressed that she had enjoyed serving as a Board member for the past 5 years, but felt it was time to devote more of her time to her family. The Directors expressed their appreciation of the work that Director Henry has done over the past five years, and that losing Director Henry would be a real loss to the City. The Directors indicated that the City Manager's Office should advertise for applicants to fill Director Henry's unexpired term. SEWER FACILITIES PLANT TOUR Mr. Carl Yates stated he had scheduled a tour for Thursday, July 22, for the Board to tour the waste water treatment plant at Campbellville, Kentucky and the land 163 1 1 MINUTES OF A BOARD OF DIRECTORS MEETING application plant near Atlanta, Georgia, which facilities operated under similar conditions that plants would in Fayetteville. D irector Todd asked if Muskegon, Michigan had been considered as an alternative site to view the land application process. Mr. Yates stated their soil conditions were different than Fayetteville's in that it takes water more easily. Director Todd pointed out that the Michigan area was raising crops on the land irrigated by the land application process, and he felt this aspect might be beneficial to study. D irector Sharp suggested that it might be more beneficial if some of the City staff, such as engineers, or members of the consulting companies viewed the areas rather than members of the Board. D irector Osborne agreed with Directors Sharp and Todd. He felt the Michigan plant would be a better place to visit. There was general board discussion about the various possibilities that exist for a waste water treatment facility for the City of Fayetteville. The Board decided to visit the Michigan land application plant and explore that process for the Fayetteville area and not visit Atlanta or Kentucky at this time. It was generally decided to study the land application process to determine if it is feasible for the Fayetteville area. If it is not, then other alternatives can be explored. MUTUAL AID AND FIRE CALLS MEMO FROM PAUL LOGUE Mayor Noland asked if the Board would like for the Police and Fire Committee to look into the mutual aid and fire calls situaion for areas outside the city limits. D irector Todd stated the Board had already made a decision on this matter and saw no reason to do it again. D irector Bumpass stated that the conditions had changed from the time when the Board first made a decision on this matter. At that time, it was Fayetteville giving aid to the smaller areas at no charges in other words, the citizens of Fayetteville were paying for everyone's fire protection. However, at this time, many of the smaller towns outside the city limits have formed their own fire protection services, and they would now be in a position to reciprocate Fayetteville's aid. Mayor Noland requested that the Police and Fire Committee review Chief Logue's memo regarding the areas outside the city limits. 164 AV • MINUTES OF A BOARD OF DIRECTORS MEETING OFF STREET PARKING DISTRICT NO. 1 City Attorney McCord stated that a resolution appointing Mr. Jim Herrin as 'a commissioner of the district needed to be approved by the Board. Mr. Herrin would be filling the vacancy created by Mr. Frank Lewis. Director Henry, seconded by Bumpass, made a motion to approve the appointment. Upon roll call the motion passed unanimousy. RESOLUTION 87-82 APPEARS ON PAGE Mae, OF ORDINANCE& RESOLUTION BOOK XIV City Attorney McCord stated that the ratification of the appointment of Mr. Leon Fowler to replace Pearl Clinehens as a commissioner on Off Street Parking District No. 1. D irector Bumpass, seconded by Osborne, made a motion to approve the appointment. Upon roll call the motion passed unanimously. RESOLUTION 88-82 APPEARS ON PAGE 'SLa7 OF ORDINANCE & RESOLUTION BOOK X✓ CENTRAL BUSINESS DISTRICT City Attorney McCord stated that the appointment of Mr. Don Loftis to fill the vacancy created by the resignation of Mr. Bill Bassett needed board approval. There was general discussion about the projects the Central Business District had been associated with in the Fayetteville area. D irector Bumpass, seconded by Osborne, made a motion to approve the appointment. Upon roll call the motion passed unanimously. RESOLUTION 89-82 APEARS ON PAGE To, OF ORDINANCE & RESOLUTION BOOK XIV AMENDING REZONING ORDINANCE 2386 City Attorney McCord stated the legal description in Ordinance 2386 needed to be amended. In this regard, Mr. McCord read the amending ordinance for the first time. D irector Henry, seconded try Osborne. 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 Henry, seconded by Noland, made a motion t o 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 165 1 r MINUTES OF A BOARD OF DIRECTORS; MEETING unanimously. ORDINANCE 2837 APPEARS ON PAGE (13 OF ORDINANCE & RESOLUTION BOOK X1 COMMUNITY DEVELOPMENT --"CITY HOSPITAL" STREETS Assistant City Manager McWethy stated that board approval was needed for the Street Committee's instructions given to the Community Development department ✓ egarding "City Hospital" streets which were as follows: Rock Street, from South School to West Avenue, shall be improved to full city standards, with a possible reduction in pavement width to take into account existing ✓ ight-of-way considerations. South Street from South School to West Avenue, shall be improved to full city standards, with a possible reduction in pavement width to take into account existing right-of-way considerations. West Avenue, from South Street to Rock Street, shall be improved on the East side of the center Iine to full city standards, with a possible reduction in pavement width to take into account existing right-of-way considerations, w ith no improvements to be made west of the center line because of the difficult terrain. Director Henry, seconded by Osborne, made a motion to approve the instructions for the street improvements acknowledging that this is a revision to a previous Board decision. Upon roll call the motion passed unanimously. PLANNING COMMISSION Mayor Noland stated that the Planning Commission is considering the proposals made by Mr. Vizzier and whether or not a plan of this type is even needed. When a decision is made, they plan to relay this to the Board. D irector Todd stated that the Planning Commission minutes reflected that thre was $20.000 available for planning, and when these funds were expended, there would be no further expenditures. He agreed with this plan. MUSIC FESTIVAL D irector Sharp stated that the Music Festival was beginning, and there were about 10 different concerts planned. He encouraged everyone to take advantage of these concerts. AIRPORT NOISE LITIGATION D irector Osborne asked about the progress of the airport noise litigation. Mr. McCord stated the trial was set for September 14, and at th this time, he had no n ew information to report. MOSQUITO SPRAYING 166 • 1 MINUTES OF A BOARD OF DIRECTORS MEETING Director Bumpass stated that the feasibility of spraying for mosquitoes was still being researched. MINUTES City Attorney McCord had the following change in the minutes: On page 155, the last paragraph, instead of the "original" ordinance being voted on, it was the "second" ordinance. The minutes were then approved as submitted. ADJOURNMENT There being no further discussion, the meeting adjourned at 9:50 p.m. 167