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HomeMy WebLinkAbout1982-11-02 Minutes1 MINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Board of Directors was held on Tuesday, November 2, 1982, at 7:30 p.m., in Room 107, of the Continuing Education Center, Fayetteville, Arkansas. PRESENT: Mayor Noland, Directors Lancaster, Todd, Osborne, Sharp, Bumpass, and Johnson; City Manager Grimes, City Attorney McCord, Assistant City Manager McWethy, and City Clerk Kelly; prospective Board Members Marion Orton, Fabian Tompos, and Lewis Johnson; members of the press and audience. CALL TO ORDER Mayor Noland called the meeting to order and asked for a moment of (Y) respectful silence. 299.3 EMPLOYEE AWARDS CO Mayor Noland presented certificates and checks in the amount of $150.00 to the recipients of the Employees of the Month Awards for the month of October. The employees are Ronnie Ridley, Heavy Equipment Operator, Street Department; Brad Anderson, Construction & Maintenance Foreman, Traffic Department; and Phyllis Schrepel, Clerk, Police Department. Mayor Noland 299.4 stated that these employees would be eligible to compete for the Employee of the Year Award. 299 299.1 299.2 1 1 REZONING Mayor Noland indicated that the Petitioners, Walter Turnbow, Trustee for Marie Steele Trust, had requested the 33.58 acre property located at the intersections of Highway 71 Bypass, Highway 71 Business and Millsap be rezoned from A-1 "Agricultural" to C-2 "Thoroughfare Commercial." This rezoning was recommended by the Planning Commission by a vote of 7-1, with the following amendment: Planning Commissioner Mr Larry Wood had stated that he recommended a division between C-2 and R-0 where the service road intersects with Millsap Road because the rezoning meets the test for commercial location in that it is at the intersection of two major streets; and it is in an area that is developing commercially and it has access to all bordering streets. The rezoning application sought approximately the west 600 feet of the triangle to be the R-0 portion and Mr. Wood's recommendation is that the R-0 portion go as far east as where the service road intersects with Millsap Street. Mr. Windell Cullers made a motion to amend the dividing line between R-0 and C-2 east to the beginning of the westernmost radius point of Curve "D" on the map and proceeding northwesterly parallel to the proposed Millsap Street until it meets the right of way of the Bypass, C-2 zoning to be the east of this line and R-0 to the west Mr. Bob Crafton, of TU11, Spann & Yoe, Architectural Engineers for the Marie Steele Trust, indicated to the Board that approximately 200 feet of C-2 will be to the west of the road that runs northwest, where it intersects the Bypass. 299.5 299.6 299.7 300 300.1 300.2 300.3 There being no one present to speak against the rezoning, Mayor Noland called for the reading of the ordinance to rezone. City Attorney McCord read the ordinance for the first time. Director Osborne, seconded by Director Johnson, 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 Mayor 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 by a vote of 6-0, with Director Bumpass being absent for this vote. 300.4 Director Sharp stated that the Street Committee had discussed the confusion which would undoubtedly arise if the small C-2 area would be named Millsap, and it was determined that it would be less confusing if this portion were named Futtrell to be consistent with the remainder of the property in question. ORDINANCE NO. 2871 APPEARS ON PAGE /9$ OF ORDINANCE & RESOLUTION EKXIII 300.5 300.6 300.7 REZONING APPEAL/LEWIS AND SANG AVENUES PROPERTY City Attorney McCord stated that this appeal of a decision by the Planning Commission regarding petition R82-17, a 1.06 acre parcel located on the north side of Highway 62 West between Lewis and Sang Avenues, had come to a vote on the ordinance on October 19, 1982, at which time it resulted in a vote of 3-3, with Directors Todd, Sharp and Noland voting against the appeal. It was placed on the agenda for this meeting for reconsideration, and Mr. McCord stated that the ordinance would again require three readings. City Attorney McCord read the ordinance for the first time. Director Bumpass, seconded by Mayor Noland, 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 Bumpass, seconded by Mayor 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. Mr. Truman Yancey, attorney for the petitioners, Mr. Floyd Gabbard, Mr. George Holzworth, and Mr. Charles George, addressed the Board regarding this rezoning appeal. He stated that the petitioners are not in disagreement with the elements being considered by the Planning Commission, but are in disagreement with the conclusions reached. The Planning Commission had concluded that the property mould not be rezoned C-2, and they were considering that it was appropriate to rezone to R-0. 1 1 The owners, stated Mr. Yancey, prefer to have a zoning of C-2 because of the well established pattern of development of Thoroughfare Commercial activity in the area, extending both east and west of this property and immediately adjoining this property. He reiterated that the use units that C-2 provides, which R-0 does not, are Units 15 -Shopping; 16 -Shopping Goods; and 17 -Trades and Services, and these, with few exceptions, are the kinds of activities that are currently existing along the highway near this property. 301 301.1 There being no further discussion, upon roll call, the ordinance passed 301.2 by a vote of 4-3, with Directors Sharp, Todd and Noland in the minority. ORDINANCE NO. 2867 APPEARS ON PAGE Jig OF ORDINANCE & RESOLUTION BOOK XIII CO PROPERTY DEMOLITION/HAPPY HOLLOW ROAD City Manager Grimes stated that the Building Inspector, Mr. John 301.3 N Dietzen, had inspected his property at Happy Hollow Road, on November 2nd, (� and he had observed that the Kellar family had made same progress toward 0] cleaning up the site, such as cutting weeds and removing the old vehicles. City Manager Grimes therefore asked the Board to table this matter for an additional 60 days, to allow the Kellar family additional time to clean up the site. Director Sharp, seconded by Director Lancaseter, made a motion to table this agenda item for 60 days. Upon roll call, the motion passed by a vote of 7-0. AWARD OF CONTRACT/PRINTING OF 1983 REPORT TO THE PEOPLE Mayor Noland stated that the bid tabulation on this printing project indicated that the low bidder was Heritage Press of North Little Rock Their bid was $694.00 per 1,000 calendars, which is approximately 69Q per calendar for a total cost of $10,420. Director Bumpass pointed out that this figure was less expensive than past bid awards for the Report to the People, and Assistant City Manager Mcwethy stated that it was approximately 30% loves than the project in 1980, mainly due to the use of fewer colored photographs. Mayor Noland, seconded by Director Osborne, made a motion to award the bid to Heritage Press of North Little Rock. Upon roll call, the motion passed by a vote of 7-0. BILL OF ASSURANCE GRANTED/INSTALLATION OF SIDEWALK Mayor Noland called for further consideration from the Board to grant a Bill of Assurance to Mt. John Purtle, to guarantee the installation of a sidewalk at the southeast corner of the intersection of Highways 45 and 265. According to the waiver of the Master Sidewalk Plan requirement, granted October 6, 1981, for the property in question, Mr. Purtle has agreed to build a sidewalk and prefab concrete bridge across the ditch, along Highway 265. 1 1 301.4 301.5 301.6 301.7 301.8 301.9 301.10 30 2 Director Osborne, speaking in favor of the granting of this Bill 302.1 of Assurance, indicated that it has became common practice in recent months for the Board to grant Bills of Assurance, and he felt that Mr. Purtle should also be granted this courtesy in that the area adjacent to his property does not have sidewalks in either direction for sane distance, and Director Osborne felt that if Mr. Purtle were called to install the sidewalk at this point in time, he feels that the sidewalk would deteriorate by the time the remaining sidewalks were installed. 302.2 After some discussion, Director &nnpass, seconded by Director Osborne, made a motion to grant the Bill of Assurance to Mr. John Pirtle to install a sidewalk at the southeast corner of the inter- section of Highways 45 and 265 and a prefab concrete bridge across the ditch, at the call of the city. 302.3 Upon roll call, the nation passed by a vote of 5-2, with Directors Todd and Sharp voting against the motion. 302.4 Director Todd had asked what kind of records were kept in the City Offices regarding Bills of Assurance, and City Attorney McCord stated that these documents are filed of record in the Circuit Clerk's Office, and they are available for reference by Title Attorneys or when building permit applications are made to change construction on the sites, etc. City Manager Grimes also noted that there is a Master Map in the Planning Office to refer to, which is continually being updated by the Planning Office. NOISE ORDINANCE/AMENEMENr' 302.5 Mayor Noland introduced an amendment to the present Noise Ordinance to include sound emanating frau "public property." 302.6 City Attorney McCord read the ordinance for the first time. Director Todd, seconded by Director Osborne, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the nation passed unanimously, and the City Attorney read the ordinance for the second time. Director Todd, seconded by Director Osborne, made a motion to further suspend the rules and place the ordinance on third and final reading. Upou roll call, the motion passed unanimously, and the City Attorney read the ordinance for the final time. 302.7 Mr. John Adams, spokesman for Rock Against Racism, addressed the Board and stated his opposition to the amendment to the Noise Ordinance, claiming the action violated his freedom of speech rights under the Constitution. 302.8 302.9 City Attorney McCord stated that the laws of freedom of assembly and freedom of speech are not absolute, but are subject to reasonable time, place and manner regulations. He added that he would be available to explain the ordinance in more detail to Mr. Adams, if he so desired. Mr. Adams wondered if the noise ordinance could be amended to include the sound emanating from the football games held at the University, but City Attorney McCord stated that the City has no juris- dication over noise emanating frau these games, in that the University 1 1 1 is a state run institution. He also reiterated that this amendment to the noise ordinance applies to all noise, generally, regardless of the content. He also added that there is a general prohibition which covers the activity of anybody in the public park who is unreasonably loud. It does not impose any more stringent standards; it simply crystalizes the prohibition so that a reasonable individual can note the decibel level which cannot be exceeded, and if that is exceeded, the law is broken. After lengthly discussion, Director Bumpass, as a point of order, called the question to vote on the ordinance. Upon roll call, the motion passed by a vote of 7-0. CO ORDINANCE NO. 2873 APPEARS ON PAGE 0:4)(0OKX o6O OF ORDINANCE & RESOLUTION BOII! SEWER USE ORDINANCE/AMENDMENT Mayor Noland stated that the City Engineer, Don Bunn, had recommended Q this amendment to the Sewer Use Ordinance. This ordinance, amending Article VI of Ordinance No. 2677, regulating the discharge of waters and waste into the public sewer system, provides that upon promulgation of federal categorical pretreatment standards for a particular industrial category said federal standard, if more stringent that local standards, shall apply. City Attorney McCord read the ordinance for the first time. Mayor Noland, seconded by Director Johnson, 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 Director Johnson, 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. 1 1 303 303.1 303.2 303.3 303.4 303.5 Upon roll call, the ordinance passed by a vote of 6-0, with Director 303.6 Bumpass being absent for this vote. ORDINANCE NO. 2872 APPEARS ON PAGE a3 OF ORDINANCE & RESOLUTION BOOK Xi OTHER BUSINESS Clear Creek Property Mayor Noland stated that the Committee which would work on the compromise for the Clear Creek Acreage would consist of. Mr. Jim Lindsey, Director Osborne, and City Engineer Don Bunn, to work with the Mayor of Springdale and the Springdale Council. 303.7 304 304.1 City Hospital Payments Passed Director Osborne stated that the Finance Committee had recommended authorization of monthly payments of 10 percent of actual net receipts from the one percent City/County sales tax to the City Hospital for capital improvement projects. The definition of the net share they will receive is the same as that stated in Resolution 125-81. These capital improvements are construction of basement and center core areas of the City Hospital. This authorization of monthly payments is to cease when the capital improvements are paid off. It was also deter- mined that the commitment was only for the $1,060,000 estimated costs of the projects and they indicated to Mr. Alan Prather, City Hospital Administrator who was present, that any additional costs incurred would be subject to further Board approval in advance of any commitment of money on the part of the City Board. 304.2 After further discussion, Director Osborne, seconded by Director Bumpass, made a motion to authorize monthly payments of 10% of actual sales tax receipts to the City Hospital, as they are received, and that the City Hospital is to furnish annual reports of the expenditures. 304.3 There being no further discussion, upon roll call, the motion passed by a vote of 7-0. Report on Valet Parking Lot 304.4 Director Osborne stated that the Hilton Hotel is under contract with the City of Fayetteville to operate the parking lot there for the City. The Finance Committee recommended to the Board that sane individuals be sought to purchase the lot. This matter is to be brought back to the Finance Committee for further discussion. Gated Parking Lots 304.5 Director Osborne recommended that long term (gated) parking rates be lowered from $25.00 per month to $20.00 per month. He added that no change is being recommended in the present parking hours, and that the City Manager and the Traffic Superintendent are in the process of reviewing the "No Parking Zones" and will bring specific recommenda- tions to the Board on how those "No Parking Zones" can be more actively inforced. 304.6 Director Osborne, seconded by Director Lancaster, made a motion to lower the long term (gated) parking fee frau $25.00 to $20.00 per month. 304.7 City Attorney McCord stated that the Board should authorize the City Manager to implement the $20.00 charge on the gated lots, and that he would furnish an ordinance at the next meeting of the Board to ratify this action. 304.8 Upon roll call, the motion to authorize the City Manager to implement the $20.00 charge on gated parking, retroactive to November 1st, passed by a vote of 7-0. 1 1 Request for Update on Flouridation Program/Beaver Water District Director Lancaster asked for an update from the City Manager's Office on the status of the flouridation in The Beaver Water District water supply. Mayor Noland asked if the City Engineer is notified when the flouridation goes off line by the engineering firm working on the project, McGoodwin, Williams & Yates. The City Manager said he would look into the matter and report back to the Board. Director Osborne stated that he had also communicated with the City Engineer on this subject and he had hoped the report would be CO in the next agenda material. Ordinance Correcting Legal Description/Utility and Drainage Easement -Company Street 0 m City Attorney McCord introduced an ordinance amending Section 2 Q of Ordinance No. 2479 to correct the legal description of the public utility and drainage easement reserved in that portion of Company Street vacated by Ordinance No. 2088, as amended. City Attorney McCord read the ordinance for the first time. Director Bumpass, seconded by Mayor Noland, 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 Bumpass, seconded by Mayor 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. 1 305 305.1 305.2 305.3 305.4 305.5 Upon roll call, the ordinance passed by a vote of 7-0. 305.6 ORDINANCE NO. 2870 APPEARS ON PAGE )g5 OF ORDINANCE & RESOLUTION BOOK XII I Joint Sealer/Airport Construction City Attorney McCord spoke of his investigation of the joint sealer 305.7 problem at the Fayetteville Municipal Airport. He reiterated that he had requested a memorandum from McClelland Consulting Engineers as to what the estimated engineering costs would be to have a study done to determine the apparent cause of the problem. The estimate City Attorney McCord had received was approximately $2500, to cover the cost of overseeing the operation, and possibly soliciting testimony from other municipalities who have had this same type of problem, and a maximum of $3500 from U.S. Testing Labs of Tulsa, to take samples of the sealer to determine the apparent cause of the problem. Director Lancaster, seconded by Director Johnson, made a motion to 305.8 contract with McClelland Engineering and U.S. Testing Labs to attempt to determine the cause of the problem with the sealer. 306 Director Todd questioned the use of McClelland Engineering for this purpose, in that that firm could prove to be involved in future litigation. For this reason Directors Lancaster and Johnson withdrew 306.1 their motion and second, respectively. City Attorney McCord further stated that the design was mandated by the FAA, but that the manufacturer of the joint sealer questions 306.2 the depth of the grooves used in the points, and for this reason City Attorney McCord suggested the use of a third party engineering firm, but he further stated that at this point in time there is no clear evidence that the design was defective. 306.3 After further discussion, Director Todd, seconded by Director Osborne, made a motion to approve contracting with an independent, third party engineering firm (firm to be determined), and U.S. Testing Laboratories, in Tulsa, to collect samples to provide expert testimony in this matter. 306.4 Upon roll call, the motion passed by a vote of 7-0. 306.5 Board Retreat Mayor Noland asked the Board of Directors to consider a date for the Board Retreat, to take place on a Saturday or Sunday. The tentative dates to be considered are November 21st, November 28th, December 5th, or December 12th. Director Bumpass suggested the Board respond by letter to the City Offices indicating their pre- ference for a meeting date. Invitation to the Board 306.6 Mayor Noland stated that the Board of Directors had been invited by the Fixed Base Operator at Drake Field to a Barbecue to be held at 6:00 p.m., on Saturday, November 6, 1982, at the Old White Hangar, at Drake Field, in honor of the Confederate Air Force, which is scheduled to appear at the Air Show on Sunday, November 7, 1982. Resolution/Arkansas Municipal League 306.7 Mayor Noland stated to the Board that the Arkansas Municipal League is asking that all cities in the League approve a resolution for a new league building in North Little Rock. Mayor Noland added that each City would be assessed $150.00 annually, plus $.20 per person, per year, to help pay for this building. He asked the Board to consider this matter. Ozark Transit Committee 306.8 Assistant City Manager McWethy asked if it was necessary for the Board to take formal action to abolish this committee. It was determined that the Committee is dissolved, and the Board asked the City Staff to present the results of the recently completed study for the Fayetteville -Springdale area to the Board. 1 1 1 MINUTES The Board of Directors requested the following changes be made to the minutes of the October 19, 1982 meeting of the Board of Directors: 288.8 - This vote should be changed to read, "the motion to grant the request for the revocation hearing passed by a vote of 4-2, with Directors Osborne and Johnson voting in the minority." 291.6 - This wording should be changed to read, "the City Attorney read the ordinance for the final time. Upon roll call, the ordinance vote resulted in a tie vote of 3-3, with Directors Sharp, Todd and Noland voting against the ordinance. This matter was tabled until November 2, 1982." 307 307.1 307.2 307.3 01 N 297.2 - This wording should be changed to read, "Mayor Noland, U seconded by Director Osborne, made a motion to recommend celebra- tion on Saturday October 30, in the City of Fayetteville. Upon GO roll call, the motion passed by a vote of 6-0." 307.4 Q 1 ADJOURNMENt There being no further discussion, the meeting adjourned at 9:15 p.m. 307.5