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HomeMy WebLinkAbout1982-11-23 Minutes1 MINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Board of Directors was held on Tuesday, November 23, 1982, at 7:30 p.m., in Room 107, of the Continuing Education Center, Fayetteville, Arkansas. PRESENT: Mayor Noland, Directors Todd, Osborne, Sharp, Bumpass, Johnson, and Lancaster; City Manager Grimes, City Attorney McCord, Assistant City Manager McWethy, and City Clerk Kelly; members of the press and audience. CALL TO ORDER 309 309.1 309.2 COMayor Noland called the meeting to order and asked for a moment of respectful silence. 309.3 CO [� PUBLIC TRANSIT • m Mayor Noland stated that several members of the Board had met with 309.4 Q McDonald Transit Associates, Inc. several weeks ago for a report on a public transit feasibility study. They had looked at a number of different alternatives. One of the alternatives which they thought might have some possibility with respect to use in Fayetteville was the idea of a taxi subsidy for people of Limited financial means, with some sort of ticketing for this purpose, those tickets to be granted to the elderly and low-income individuals, for help with their transportation needs. Mayor Noland stated that the Board needed to decide whether they wished to authorize McDonald Transit Associates, Inc. to continue with the feasibility study with respect to the taxi subsidy. Mr Larry Wood of the Northwest Arkansas Regional Planning Commission 309.5 and Mt. Bill Perkins of McDonald Transit Associates, Inc. spoke to the Board and stated that the service would concentrate on targeting the taxi subsidy service to the most transit -dependent market segments, the elderly and transportation handicapped Mr. Perkins added that the total cost of the study for Phase II would be $15,000 and $7,500 would be utilized to investigate the taxi subsidy aspect. He stated that they are investigating other areas of the United States which operate taxi subsidy services in order to determine what types of contracts and ticketing format are being utilized and what target population is involved. Mr.:Petkins added that this study would take until the end of the year to complete. He stated that the average base fare is $2.75, with an average subsidy of $1.50. The estimate of the total trips per day is 450 for the handicapped and elderly. In discussion, Director Bumpass voiced his opinion that the taxi subsidy should be used for all the population, rather than segments. Director Johnson then stated that she felt it may not be appropriate for the City of Fayetteville, citing the failure of the Ozark Transit to obtain sufficient ridership. Director Johnson, seconded by Director Todd, made a motion that the Board recommend Alternate No. 4, which is to take No Action. Upon roll call, the notion passed by a vote of 5-2, with Directors Sharp and Bumpass voting in the minority. 309.6 309.7 309.8 310 REZONING APPEAL Mayor Noland introduced an appeal of a decision by the Planning 310.1 Commission regarding rezoning petition R82-16. Petitioner Gordon Houston is requesting a rezoning of a parcel 310.2 of 5.86 acres located on the south and east of the intersection of Deane Street and Porter Road, from R -I "Low Density Residential" to R-2 "Medium Density Residential." This had been taken to the Planning Commission and had been denied by a vote of 8-0. 310.3 Mr. Houston spoke to the Board and stated that the General Land Use Plan calls for this area to eventually be designated R-2. He stated that two churches have been put in the area, zoned "Institutional" and 75-100 apartments have gone into this area He added that there has not been a single residence building put in this area in over ten years 310.4 Director Bumpass wondered if sane sort of screening provisions could be placed on the west side of this property, to eliminate any problem. City Attorney McCord stated that if the property owner were willing to offer to execute a Bill of Assurance to guarantee this type of screening, that this would constitute a binding covenant, and if the Board would accept it then it would be considered a binding covenant on the part of Mr. Houston. 310.5 Mrs. Jan Parker, resident of the area in question, stated her objection to a change in rezoning, adding that the proposed construc- tion of apartments would literally place them in "her back door." 310.6 Director Todd felt that the neighborhood incompatibility and the inadequate access as a result of this requested rezoning should be taken into consideration. 310.7 Director Lancaster voiced the opinion that he wished to comply with the recommendations of the Planning Commission, 310.8 Director Lancaster, seconded by Director Sharp, made a notion to deny the rezoning appeal. 310.9 Director Bumpass stated that he would like to give Mr, Houston the opportunity to propose a set of Bills of Assurance to the Planning Commission for their review, in line with the screening provisions discussed. 310.10 Director Bumpass, seconded by Director Osborne, made a motion to amend the motion of Director Lancaster, to allow this petition further review by the Planning Commission, with the inclusion of additional proposals by Mr. Houston. 310.11 Upon roll call, the motion to amend the motion of Director Lancaster failed by a vote of 5-2, with Directors Bumpass and Osborne voting for the motion. 310.12 Upon roll call, the motion made by Director Lancaster to deny the appeal passed by a vote of 5-2, with Directors Osborne and Bumpass in the minority. 1 1 1 o PARK LAND ACQUISITION/WASHINGTON MOUNTAIN Mayor Noland requested approval from the Board of a negotiated 311.4 settlement for the acquisition of one parcel of park land on Washington CO Mountain, and the authorization to initiate condemnation proceedings Q for the other parcel. Mayor Noland stated that Comadmity Development funds were slated 311.5 for the purchase of this land and the matter had been reviewed several times in the past. Director Sharp, seconded by Director Todd, made a motion to approve 311.6 the negotiation of a settlement of the purchase of the land. In discussion, Director Lancaster stated that he felt the language 311.7 drafted in the letter contract by Attorney Gary L. Carson for Mr. Walter Grimes was somewhat ambiguous. He stated specifically that a plat would be needed to clarify Sections (b) and (c) of the letter written by Mr. Carson. In further discussion, Assistant City Manager McWethy, who had been 311.8 chief negotiator in the matter, stated that $50,000.had been set aside for development of this property, and he assumed that the roadway would probably be done first, before any other development could take place. Director Sharp pointed out that the original plan was to acquire this land before it is developed, by the acre. He added that since the City did not have a park in that area he felt the time to buy was now, because costs are certain to rise in the future. Director Bumpass stated that he felt the matter should be tabled until a plat, formal contract, cost estimate on the street, and indication of proposed development were obtained from Parks & Recreation. Director Bumpass, seconded by Director Lancaster, made a motion to table this matter until the first Board Meeting in December, at which time the City Attorney would present a clarified contract, and City Staff would present a plat of the area, a cost of the estimate of the street, and information would be furnished on future development plans from Parks & Recreation. Upon roll call, the motion to table the matter until the first meeting in December passed by a vote of 4-3, with Directors Osborne, Sharp, and Johnson in the minority. PRETREATMENT PROGRAM Mayor Noland introduced a resolution, requested by the EPA, endorsing the City's industrial pretreatment program and expressing support for its implementation and funding. 311 311.1 Director Lancaster, seconded by Director Todd, made a motion to 311.2 authorize this resolution. Upon roll call, the motion passed by a vote of 6-0, with Director 311.3 Bumpass being absent for this vote. RESOLUTION NO. 134-82 APPEARS ON PAGE 0I�I OF ORDINANCE & RESOLUTION BOOK XV 311.9 311.10 311.12 312 BUDGET ADJUSTMENT I/POLICE DEPART= Mayor Noland introduced for Board approval a request for a budget adjustment of $6,804 for the Police Department to pay for college level education courses for 32 police officers. City Manager Grimes stated that this is included in the 1983 Budget but the Police Department was making this request at this time to expedite the process. Director Johnson asked whether this amount of $6,804 included the cost of textbooks, and it was determined that it did not. 312.1 312.2 312.3 312.4 Director Todd stated that the contract should be amended to indicate that there is no restriction of where these type of courses must be taken. He felt they should not be restricted to the Continuing Education Center, but Chief Bob Jones pointed out that this was being done as a matter of convenience in order to enable the officers to work directly with instructors at the CEC concerning uniform preparation of reports. 312.5 Director Bunpass, seconded by Director Osborne, made a motion to amend the request to include the addition of funds to cover the cost of textbooks and also to amend the contract to eliminate the restriction that all courses be taken at the Continuing Education Center. 312.6 Upon roll call, the cation passed by a vote of 7-0. BUDGET ADJUSTMENT II/WAIER & SEWER DEPARTMENT 312.7 Mayor Noland introduced for Board approval a request that a resolution be executed authorizing a budget adjustment of $4,380 for the Water & Sewer Department to cover the purchase of a set of 90 aerial photographs of the city's growth area, and sixteen new plastic maps, reflecting the new city limits. These are to be used in the City Board Meeting Room, the Planning Office, and the Water & Sewer drafting office. 312.8 City Manager Grimes stated that the aerial photographs were obtained at a reduced rate because they had been done previously for the telephone company. He added that these photographs would eliminate the periodic photographs needed during the course of each year. 312.9 Director Todd made the suggestion that the cost of these iters be distributed among other departments, such as Administration, Planning, and the Street Department. Mr. Grimes stated that this could be done. 312.10 Mayor Noland, seconded by Director Johnson, made a motion to approve this request for a budget adjustment of $4,380, by execution of the resolution, and to amend the request to specify the cost distribution among Administration, Planning, the Street Department, and the Water & Sewer Department. 1 1 CO CO Director Bumpass, seconded by Director Osborne, made a motion to approve the resolution authorizing the initiation of condemnation U proceedings for the acquisition of street right-of-way for the extension of Razorback Road. Q Upon roll call, the motion passed by a vote of 7-0. RESOLUTION NO. 138-83 APPEARS ON PAGE A33 OR ORDINANCE & RESOLUTION BOOK A/ RIGHT OF WAY EASEMENT/ARKANSAS STATE HIGHWAY & TRANSPORTATION DEPARTMENT Mayor Noland introduced for Board approval a resolution authorizing the execution of a permanent easement to the Arkansas State Highway & Transportation Department, for the Razorback Road extention right- of-way. Director Bumpass, seconded by Director Osborne, made a motion to grant the execution of this resolution. Upon roll call, the motion passed by a vote of 7-0. RESOLUTION NO. 140-82 APPEARS ON PAGE Aj$ OF ORDINANCE & RESOLUTION BOOK XV REDUCTION OF RATES/GAPE!) PARKING LOTS Mayor Noland introduced an ordinance reducing the rates for all gated parking lots from $25 to $20 per mouth. 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 Director Bumpass, 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 by a vote of 7-0. RESOLUTION NO. 135-82 APPEARS ON PAGE,ZQ OF ORDINANCE & RESOLUTION BOOK )(V RAZORBACK ROAD/STREET RIGHT-OF-WAY CONDEMNATION PROCEEDINGS Mayor Noland introduced a resolution authorizing and directing the City Attorney to institute eminent domain proceedings to condemn right-of-way necessary to extend Razorback Road south of U.S. Highway 62 to 15th Street. The Mayor stated that this project is scheduled for January, 1983 bid opening, and all right-of-way must be acquired by December 1. The parcels subject to condemnation are those of Gold Kist and the Burlington Northern Railroad. 1 313 313.1 313.2 313.3 313 4 313.5 313.6 314 Director Bumpass suggested that the City Staff might investigate the manner of payment for these parking privileges in the future. 314.1 City Manager Grimes said possible solutions would be investigated. Upon roll call, the ordinance passed by a vote of 7-0. ORDINANCE NO. 2875 APPEARS ON PAGE a13 OF ORDINANCE & RESOLUTION BKXI U MASIER STREET PLAN/VARIANCE REQUEST 314.2 Mayor Noland introduced for Board approval a request by Hernreich Broadcasting Stations, Inc., for a variance from the literal provisions of the street right-of-way dedication requirements of the Master Street Plan, for the west side of Church Avenue, from Center Street to Meadow. The Mayor stated that Mr. Cliff Walker, station ,.anger, had made this request to enable the station, KTVP-Channel 29, to remodel an existing building at 15 N. Church Street. Director Osborne, seconded by Director Bunpass, made a notion to approve this request for a variance of the provisions of the Master Street Plan and to grant the amendment to reflect a 25 foot right-of-way west of the centerline and a 30 foot right-of-way east of the centerline for Church Avenue from Center Street to Meadow Street. 314.3 314.4 314.5 314.6 Upon roll call, the motion passed by a vote of 7-0. RESOLUTION NO. 139-82 APPEARS ON PAGE oi3'7 OF ORDINANCE & RESOLUTION BOOK X V T-HANGARS/DRAKE FIELD Mayor Noland introduced a request by the Airport Manager and the City Manager for authorization to prepare a revenue bond package for the construction of two portable T -hangars for twin engine aircraft at Drake Field. Airport Manager Hogue had stated in a memorandum to the City Directors that it would be necessary to issue and sell $39,100 in airport revenue bonds to purchase the two T -hangars. 314.7 Dale Fredericks, Assistant Airport Manager, spoke to the Board and indicated that he had consulted with the manufacturer of these hangars and that manufacturer had indicated that they could be furnished within a 90 -day period. He added that the hangars are portable and can be moved within a matter of hours. There is no definite location for the hangars, but NY. Fredericks stated that they may be placed on the new, recently opened aircraft apron, in front of the old terminal building. He added that Skyways is compatible with any location and they had been consulted about three different locations and they haven't rejected any of them. 314.8 Director Todd stated that he would object from an aesthetic standpoint to the placement of these T -hangars at the airport. Director Johnson, seconded by Director Lancaster, made a motion to approve the authorization of preparation of a revenue bond package to finance the acquisition of the two T -hangars. 314.9 1 1 1 1 Upon roll call, the motion passed by a vote of 5-2, with Directors Todd and Sharp voting in the minority. City Attorney McCord asked for Board approval to consult with Friday, Eldredge & Clark of Little Rock, which was the firm used as bond counsel on the airport revenue bonds. Director Lancaster, seconded by Director Bumpass, made a motion to select Friday, Eldredge & Clark as the consultant firm on this project. Upon roll call, the motion passed by a vote of 7-0. 315 315.1 315.2 315.3 L.JAER OF INTENT/SOLID WASTE DISPOSAL AGREEMENT CO Mayor Noland introduced for Board approval a resolution authorizing 315.4 O the execution of a letter of intent regarding a proposed Solid Waste CO Disposal Agreement. The Mayor indicated the letter of intent is recommended by the City Manager, the City Attorney, and Its. Ann Henry, a the City's representative on the Northwest Arkansas Resource Recovery Authority. Director Osborne, seconded by Director Johnson, made a motion to 315.5 approve the resolution authorizing the execution of a letter of intent regarding the Solid Waste Disposal Agreement. Upon roll call, the motion passed by a vote of 7-0. RESOLUTION NO. 136-82 APPEARS ON PAGE ZU OF ORDINANCE & RESOLUTION BID AUTHORIZATION I/DRAINAGE AND PAVEMENT IMPROVEMENTS/DRAKE FTFID Mayor Noland introduced a request by the Airport Department to 315.6 advertise for bids for drainage and pavement improvements along the west side of Drake Field between Caudle Air Freight and the Fire Department Substation. Director Lancaster, seconded by Director Bumpass, made a motion 315.7 to authorize the request to advertise for bids on this project. Upon roll call, the notion passed by a vote of 7-0. BID AUTHORIZATION II/STREET DEPARTMENT REQUEST Mayor Noland introduced a request by the Street Department for authorization to advertise for bids for a dump bed for a Street Department truck. The original request was to include bid advertise- ment for a pony axle, but that has since been rescinded. Director Bumpass, seconded by Mayor Noland, made a motion to authorize the request to advertise for bids on this project. Upon roll call, the motion passed by a vote of 7-0. 315.8 315.9 31t; CHANGE ORDER/HT1.1DATF AND ELIZABETH STREETS PROJECT Mayor Noland introduced a resolution ratifying execution of a 316.1 change order in the amount of $6,261 in the City's contract dated October 19, 1982 with McClinton -Anchor Division for the repair of Hilldale and Elizabeth Streets. 316.2 City Manager Grimes stated that the engineers had encountered an inordinate amount of seepage beneath the area, and therefore had to put in extra depth of rock to stabilize the area. He added that this type of cost can never be anticipated. 316.3 Director Sharp, seconded by Director Johnson, made a motion to grant retroactive approval of the change order. Upon roll call, the motion passed by a vote of 7-0. RESOLUTION NO. 137-82 APPEARS ON PAGE 523) OF ORDINANCE & RESOLUTION BOOK X V RID AWARDS Bid No. 504 - Tires and Tubes 316.4 Mayor Noland made reference to the memorandum from Purchasing Agent Mackey to the Board of Directors, indicating his findings that there were numerous cases of tie bids on this purchase. Mr. Mackey had stated that in these cases the recommendation is that the bid be awarded to Central Tire Company, since they were the supplier on the last contract. 316.5 When Mr. Mackey, who was present, was asked about this practice he indicated he was extremely satisfied with the service of Central Tire Company and he felt certain they would back up their products. 316.6 Director Todd, seconded by Director Bumpass, made a motion to award the Bid No. 504 for tires and tubes to Central Tire Company. Upon roll call, the motion passed by a vote of 7-0. Bid No. 506 - Hydrated Lime 316.7 Mayor Noland made reference to the memorandum from Purchasing Agent Mackey to the Board of Directors, indicating his recommendation that the bid be awarded to the low bidder, Arkansas Lime Company, for a one-year period, beginning January 1, 1983. Purchases will be on an as needed basis for use at the Pollution Control Plant. 316.8 316.9 Mayor Noland, seconded by Director Johnson, made a motion to award the Bid No. 506 for hydrated lime to Arkansas Lime Company. Upon roll call, the motion passed by a vote of 7-0. 1 1 1 ORDINANCE WAIVING COMPETITIVE BIDDING/PURCHASE OF GASOLINE/ POLICE DEPARTMENT Mayor Noland introduced an ordinance waiving the requirements of competitive bids for the purchase of 7,593 gallons of unleaded gasoline for the Police Department. Mayor Noland referred to a memorandum from Purchasing Agent Mackey in which he stated that inviting sealed bids was not feasible since we had to accept the price in effect at the time of shipment. He also recommended that the Board ratify the award of the bid for said gasoline to Northwest Oil Company at a price of $1.08 per gallon FOB the Police Department tank. 0') City Attorney McCord read the ordinance for the first time. Mayor 317.3 Noland, seconded by Director Todd, made a motion to suspend the rules U and place the ordinance on second reading. Upon roll call, the motion CO passed unanimously, and the City Attorney read the ordinance for the second time. Director Bumpass, seconded by Mayor Noland, made a Q 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 7-0. ORDINANCE NO. 2876 APPEARS ON PAGE M5 OF ORDINANCE & RESOLUTION BOOR XII I In further discussion, City Manager Grimes stated that since these 317.4 types of requests for ordinances waiving competitive bidding occur frequently, he would like to suggest that the Board authorize the City Attorney to prepare an ordinance waiving the requirement of competitive bids for the purchase of gasoline and diesel fuel for all City Departments. It was determined that the City Attorney would prepare such an 317.5 ordinance for the first meeting of the Board in December. 317 317.1 317.2 OTHER BUSINESS Cancellation of Warner Cable Revocation Hearing Mr. Lynn Wade, attorney for Warner Cable, spoke to the Board. 317.6 He made reference to the letter in the agenda from Mr. Robert Jacobs, Assistant Counsel, Warner Amex, addressed to City Attorney McCord, in which Mr. Jacobs stated that Warner Amex would not pose any objection to the owners of the Highway Inn and the Chief Motels providing their customers with satellite programming received via the motels' satellite earth stations, provided Warner Cable equipment is not utilized. In that the matter was resolved, Mr. Wade requested a motion by the Board of Directors to cancel the revocation hearing. Director Todd, seconded by Director Johnson, made a motion to 317.7 cancel the Warner Cable revocation hearing. Upon roll call, the motion passed by a vote of 7-0. 31 S October Fire Patrol Mileage Director Lancaster asked about this iter in the agenda material and 318.1 City Manager Grimes stated that this referred to the patrols taking place out of the Central Fire Station and the North Station, which had previously been approved by the Board. These patrols will be of the commercial areas near those stations, with radio contact being maintained between the Police Department and the Fire Department. Mr Grimes further stated that in bad economic times it is felt that certain structures should be watched more carefully in an effort to avert arson. Damages Pertaining to Fish Kill -Investigation 318.2 City Manager Grimes requested approval by the Board of payment of a bill in the amount of $4,990.38, to the Department of Pollution Control and Ecology, to be used by the Arkansas Game and Fish Commission for the purpose of restocking the affected waters, in conjunction with the Arkansas Water and Air Pollution Control Act, No. 472, of 1949. This amount of $4,990.38 includes an aggregate value placed an the fish killed of $4,607.32, and $383.06 to cover the cost of the investigation. 318.3 Director Lancaster, seconded by Director Todd, made a motion to authorize the payment of this $4,990.38 amount of damages. Upon roll call, the motion passed by a vote of 7-0. Violation of the Sign Ordinance 318.4 Director Todd referred to a possible violation of the Sign Ordinance existing at the corner of College and Dickson. It was determined that this would be investigated. 318.5 City Attorney McCord stated that any of these possible violations should be brought to his attention immediately and he would instruct the Inspection Department to cite those violators, and refer them to the Prosecutor for charges to be filed. Report on Fluoridation Program 318.6 Director Johnson asked the status of the Fluoridation Report and City Manager Grimes stated that he had written to Mr. Dick Starr, Manager of the Beaver Water District, and had asked him to explain why the facilities were not operating. A meeting then took place with Mr. Carl Yates, of McGoodwin, Williams & Yates, and they had discussed the problems which had occurred and when they occurred. Mr Starr is to furnish a summary for the Board within the next few days Meetings 318.7 Meetings scheduled for Monday, December 6, 1982, are the following: 8:30 a.m. - Warner Cable Committee; Noon - Finance Committee Meeting; 1:30 p.m. - Board Tour; and 3:30 p.m. - Street Committee. 1 1 1 Bridge Expense/Installation of Sidewalk/Eastgate Shopping Center 319 City Manager Grinds stated that Nr. Terrence Spencer has made a request for funds from the City to cover the cost of construction of a bridge in conjunction with the sidewalk installation at the Eastgate Shopping Center. The ammu:t would be approximately $1600- $1700. Director Lancaster, seconded by Director Johnson, made a motion to authorize this expenditure, and to obtain a verification of the cost. Upon roll call, the notion passed by a vote of 7-0. co Employee of the Year Banquet Assistant City Manager McWethy stated that the Employee of the U Year Banquet is scheduled for Wednesday, December 15th, at 6:00 p.m. CO The location will be determined and formal notice would be forthcoming. Q Additions to Retreat Agenda 1 The following items, per Directors Todd and Sharp and Mayor Noland are suggested an the Retreat Agenda: 1. A report on unsafe streets 2 Airport Operations 3. Status report on Sales Tax Receipts 4. Status of Possible Computer Lawsuit 5. Community Development Program - Investigation of the possibility of use of CD funds for sewer plant construction 6. Additional annexation proposals. 7. Proposed Use of the Wooden Hangar at Drake Field as a museum MINUTES There being no corrections to the minutes of the meeting of November 2, 1982, they were approved as circulated. ADJOURNMENT There being no further business, the meeting adjourned at 10:00 p.m. 319.1 319.2 319.3 319.4 319.5 319.6