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HomeMy WebLinkAbout1983-06-07 MinutesMINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Board of Directors of the City of Fayetteville was held at 7:30 p.m., on June 7, 1983, in Room 107 of the Continuing Education Building, Fayetteville, Arkansas. PRESENT. Directors Bumpass, Johnson, Lancaster, Osborne, Orton and Sharp; City Manager Grimes, Assistant City Manager McWethy, City Attorney McCord, Acting City Clerk Rowe; members of the 7-1 press and audience ABSENT: Mayor Noland Q CALL TO ORDER Q 1 Assistant Mayor Osborne called the meeting to order. EMPLOYEE OF THE MONTH AWARDS Director Osborne presented each of the three employees of the month --Judy Huffaker, Finance Department; Jerry Lewis, Street Department, and Melvin Stanley, Police Department, with a cer- tificate and a check for $150 and noted the comments made about the outstanding performance of the three employees by their supervisors. RESOURCE RECOVERY AUTHORITY REPORT Director Osborne introduced a progress report from the Northwest Arkansas Resource Recovery Authority regarding the current status of the solid waste recovery project. Ann Henry, chairperson of the committee, addressed the Board. She stated that the decision was now between two firms a European based corporation to be formed by Lahanton, Inc., TXL Corporation, Russell Engineering, Brunn & Sorensen, Inc. (B&S), John F. Otto, Inc. and Reactor Controls, Inc. (RCI)., being selected primarily because of the 20-25 years of experience in the field. Also, the proposed plant will process approximately 168 tons per day of waste material, which is a good size plant. Director Orton stated that one of the major concerns she had was that of air pollution. She stated that the plant was being constructed in a densely populated area and wondered what safe- guards would be installed to safeguard against any air pollution problems. Ms. Henry stated that when the requests for proposals had been issued, the engineering firms had been requested to submit proposals based not on minimum standards --rather to meet a spe- cified set of specifications that were higher than minimum standards. 55 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 5t) 56.1 Mr. Jim Reynolds stated that air pollution control is a science that can be controlled. He did not feel that there would be any problems associated with the location of the plant. In addition he felt that the location of the plant would provide the best possible cost effective solution to the community. 56.2 Director Orton asked why this new plant could not be located near the sewage treatment plant so that the energy created could be consumed by the sewage treatment plant. Mr. Reynolds explained that the energy output level was being matched to the energy requirements when making a determination of where to best utilize the energy output. The University of Arkansas use requirements best match the output of the proposed plant; therefore, locating the plant closer to the University is an advantage. 56.3 Ms. Henry stated that in her four to five years of tenure on the solid waste committee, the goals of the group had been to obtain the best possible plant at the most economical cost for the taxpayers of the City. By utilizing this par- ticular plant site and design, the Solid Waste Committee believes that their goals have been met. 56.4 Director Osborne pointed out that one of the advantages to the plant selected is that its air intake area is the same area where the trash is fed into the furnace area. Therefore, the air intake automatically pulls trash and odors back into the furnace area. 56.5 Director Bumpass asked if the plant would ever smell bad during unfavorable weather conditions. Ms. Henry answered that she did not believe it would; however, there is no guarantee that something could fail to work properly at some point and cause a temporary problem. 56.6 Mr. Reynolds stated that the plant should not emit any odors unless there is a malfunction. 56.7 Mr. Crimes stated that the Sanitation Fund fiscal year end is at the end of July. He asked the Board to spprove the advance appropriation of $90,000 from the 1983-84 budget for the pro- fessional services expense related to this project. There is approximately $60,000 remaining in the 1982-83 budget that will be re -programmed into the 1983-84 budget for this expenditure. Mrs. Henry pointed out that this fee would cover 4 to 5 months of expenses, and West Fork has already approved their share of the payment. 56.8 Director Orton asked what the tentative time frame was for completion of the plant. Mr. Reynolds stated that the Board of Trustees of the University of Arkansas would meet in September, and it was their plan to have all of the preliminaries finished in order to work out the agreement between the City and the University for the steam sales. The construction time for the plant is approximately 2 years, so the project should be completed and in operation in about two and one-half years. 1 1 Director Bumpass asked if the sanitation rates would be increased at this time. City Manager Grimes stated that they would not. Director Johnson, seconded by Lancaster, made a motion to approve the advance allocation of $90,000 from the 1983-84 budget toward this project. Upon roll call the motion passed unanimously. RESOLUTION NO. 69-83 APPEARS ON PAGE OS/ OF ORDINANCE & RESOLUTION BOOK X V// REZONING/KAYLOR INVESTMENTS Director Osborne introduced a rezoning petition by Kaylor Investments for 28.5 acres located at the southwest corner of Joyce Street and Highway 265 North. The rezoning request is from A-1 "agricultural" to R-2 "medium density residential". The Planning Commission recommended this for approval by a unanimous decision. City Attorney McCord read the ordinance for the first time. Director Lancaster, seconded by Orton, 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 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 Mr. McCord read the ordinance for the final time. Upon roll call the motion passed unanimously. ORDINANCE NO. 429%3 APPEARS ON PAGE c2.5- OF ORDINANCE & RESOLUTION BOOK XIV REZONING/LINDSEY, SEXTON, AND REYNOLDS LUMBER CO. 57 57.1 57.2 57.3 57.4 Director Osborne introduced a rezoning petition by James E. 57.5 Lindsay, G.A. Sexton, and the J.W. Reynolds Lumber Company for 11.0 acres located on the south side of Joyce Street between Old Missouri Road and Highway 265 North. The request is to rezone from A-1 "agricultural" to R-2 "medium density residential", and this was recommended by the Planning Commission by a vote of 6 to 0. Director Lancaster asked where this particular property was 57.6 located. Dr. Sexton stated that the property was located along the Paradise Valley Golf Course along the first hole. The first and second holes of the course will be relocated and con- dominiums built around the course. This area will be served by the city sewer system. City Attorney McCord read the ordinance for the first time. Director Lancaster, 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 57.7 58 the ordinance for the second time. Director Bumpass, seconded by 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. Upon roll call the motion passed unanimously. ORDINANCE NO.APPEARS ON PAGE RESOLUTION BOOK XI OF ORDINANCE b LOT SPLIT/REQUEST BY GARY DRAKE 58.1 Director Osborne introduced a request by Gary Drake to vary the 1.5 -acre minimum lot size requirement for lot 8 of the Carson Meadows Addition. The intent of Mr. Drake is to divide the 200 by 289.98 feet lot in half and build two houses, the second to be used by his parents. 58.2 Director Orton stated that she felt the purpose of the mini- mum size ordinance was to prevent septic tank systems being installed on property that was too small to handle the usage. She stated that since the City had an ordinance of this type, she was not sure that allowing a variance would be in agreement with the intent of the ordinance. 58.3 Mrs. Gary Drake addressed the Board and stated that a survey and perk tests would be performed if the lot split were approved. They did not want to spend the extra money for two tests and the survey if the lot split were not going to be granted. 58.4 Director Osborne stated that unless the land passed the perk tests, the state health department would not approve the place- ment of two sewage systems on the land; therefore, even if the Board approved the variance, two houses may not be allowed. 58.5 Director Lancaster stated that this lot was in the middle of a subdivision, and he felt that if one person was granted this variance, others might request the same thing which would defina- tely not be in compliance with the intent of the law. 58.6 Director Orton suggested that the perk tests be performed and submitted to the Board for consideration before the decision was made regarding a lot split variance. 58.7 City Attorney McCord stated that the state health department would have to approve the location and results of the perk tests before two septic systems could be installed. He stated that the state does not have a minimum acerage lot size such as the city's law. The lot size requirement, if challenged in the courts, could be upheld if it were determined to provide additional protection to the public health, safety, and welfare. 1 1 1 There was general Board discussion about the intent of the minimum lot size requirement and how the 1.5 -acre size was deter- mined. Director Sharp concurred with Director Orton in that he did not feel minimum standards should be established and then waived given the purpose and intent of this ordinance. City Attorney McCord stated that this would be a policy decision for the Board. Director Johnson made a motion to table this issue until the next regular board meeting. Director Sharp suggested that rather than table, send the 0 question to the Water and Sewer Committee for them to determine if granting a variance would be feasible for this particular piece of property. Q Director Orton stated that she felt the Water and Sewer Com- mittee should decide on the criteria to be met and refer them to the Board. Director Osborne suggested that Mrs. Drake contact the county health department and seek their assistance in performing the perk tests. 59 59.1 59.2 59.3 59.4 59.5 59.6 Director Sharp, seconded by Bumpass, made a motion to refer 59.7 this to the Water and Sewer Committee. Upon roll call, the motion to table passed by a vote of 5 to 59.8 1 with Director Lancaster voting in the minority. RECORDS DESTRUCTION Director Osborne introduced a request for authorization to destroy certain old city documents and records generally having to do with files from the 1978 to 1980 time period. Director Sharp, seconded by Johnson, made a motion to approve the record destruction request. Upon roll call the motion passed unanimously. RESOLUTION NO. 70-83 APPEARS ON PAGE OF ORDINANCE & RESOLUTION BOOK )(Oil 59.9 59.10 POOL FEES INCREASE Director Osborne introduced a resolution retroactively 59 11 authorizing an increase in fees for the Wilson Park Pool. 60 60.1 60.2 60.3 City Manager Grimes stated that the request had been for a retroactive increase because the tickets had to be printed in advance to be ready for the pool season. The proposed new fees are as follows: Daily Season Pass Pre-schoolers $ .50 $ 15.00 Grades 1-12 .75 15.00 University & Adults .75 25.00 Family 1.25 35.00 Wading pool charges for parent and 1 child -- $ 1.25 Each additional child - $ .50 Director Johnson, seconded by Bumpass, made a motion to approve the rate increase. Upon roll call the motion passed unanimously. RESOLUTION NO.•7/-13 APPEARS ON PAGE OF ORDINANCE & RESOLUTION BOOK DECK SPACE RENTAL 60.4 Director Osborne introduced for discussion a request he had made regarding the renting of specifically assigned spaces in the parking deck. He stated that a parking garage located on the other side of College Avenue from the city deck was not going to be available for public use. The rental fee in that lot is $ 25.00 per month per space. He stated that a breakeven price per space for the city lot was approximately $ 31.50 per month, but he was not sure the market would bear this cost. He suggested using the first or second levels for this rental because they are covered. 60.5 Director Orton asked about how many spaces would be involved in this project. Director Osborne stated that he felt at least 30 would be utilized. 60.6 Director Sharp suggested asking Finance Director Scott Linebaugh to review this proposal and determine if it was feasible. Director Osborne stated this would be fine, but he felt this should be done as quickly as possible because the other lot is closing around the first of July, and the people would be making parking arrangements very shortly. 60.7 There was general discussion about where the vehicles would be parked and who would handle designating the spots, etc. The Board decided that this would be an administrative matter to be worked out by City Manager Grimes. 1 1 1 61 Director Orton, seconded by Sharp, made a motion to approve 61.1 this project at a price of $ 25.00 per month per space. Upon roll call the motion passed unanimously. RESOLUTION NO. APPEARS ON PAGE OF ORDINANCE & RESOLUTION BOOK SEWER REHAB/CONTRACT WITH BRAUN EXCAVATING COMPANY Director Osborne introduced a resolution authorizing the 61.2 Mayor and City Clerk to execute a contract with Braun Excavating Lf) for the rehabilitation of portions of the city's sewer system in the amount of $ 198,428.60. Director Osborne stated that the O engineering fee is included in this fee. Director Lancaster, seconded by Sharp, made a motion to 61.3 Q approve this contract. Upon roll call the motion passed unanimously. RESOLUTION NO. 12- 3 APPEARS ON PAGE OF ORDINANCE & RESOLUTION BOOK BALLFIELD LIGHTING Director Osborne introduced an ordinance waiving competitive bidding requirements and for the approval of a budget adjustment for the awarding of a bid for lighting the industrial park ballfield in the amount of $6,700.32 to Southern Electric Company. City Attorney McCord stated that waiving the bidding requirements may be done when the bidding requirements are not practical to award a contract and get a project completed. He recommended that the bidding statutes be complied with in this instance. 61.4 61.5 Director Johnson made a motion to require this project 61.6 to go through the bidding procedure. Mr. Dick O'Connell addressed the Board and explained the required lighting for the ballfields. He stated the lighting in field #i2 was fine. The lighting in field #1 currently has 48 of 133 bulbs out, and 40 of the fixtures are broken. The new fixtures that were quoted would be more energy efficient than the current fixtures. Director Bumpass asked why the two quotes presented for the fixtures had such different prices. Purchasing Officer Sturman Mackey stated the reason was because this was a quote rather than a bid, and no specifications had been issued; therefore, the two quotes ioere not on the same materials. 61.7 61.8 62 62.1 Director Osborne asked how long the bid process would take. Mr. Mackey stated that it would take approximately two to three weeks depending on the publication requirements. 62.2 There was general discussion that in order to determine the most appropriate lighting system to install, an analysis would have to be made as to the lighting requirements of the field. 62.3 Director Lancaster stated that he was concerned that this project was brought up to be approved after the budget for the parks department had already been determined and approved. It was decided that this was an unexpected project that was badly needed to ensure the safety of the ballfield users. 62.4 Director Osborne made a motion to send out bids on this pro- ject as quickly as possible. He requested that after the bid requests had been received, that City Manager Grimes poll the directors individually and determine which bid to approve to enable that the project be completed as soon as possible. Director Johnson seconded this motion. 62.5 It was determined that the quotes should not include installation because SWEPCO and the local Seabee unit would do the installation. 62.6 Upon roll call the motion passed unanimously. BID AWARDS 62.7 Director Osborne introduced the following bids for the Board to act upon: 62.8 1. Bid 11520 for traffic signs --award to Vulcan Signs, the low bidder. Director Johnson, seconded by Orton, made a motion to award to Vulcan Signs. Upon roll call the motion passed unanimously. 62.9 2. Bid 11521 for concrete pipes for the Street Department -- low bidder was Hydro -Conduit in the amount of $6,695.00. Director Bumpass, seconded by Johnson, made a motion to aprove the bid award. Upon roll call the motion passed unanimously. 62.10 3. Bid 11522 for light bars and sirens for the Police Department --low bidder was Farriors in the amount of $5,325.00. Director Johnson, seconded by Bumpass, made a motion to award to the low bidder. 62.11 4. Bid 11524 for slurry seal oil for the Street Department -- low bidder was Rife Petroleum Company from Little Rock in the amount. of $ .6947 per gallon. 62.12 Bid #526 for tack oil for the Street Department --low bidder was Hy Spec Asphalt from Neosho, Missouri for $.7620 per gallon. 1 1 Director Johnson, seconded by Bumpass, made a motion to award both bids to the low bidders. Upon roll call the motion passed unanimously. SENATE BILL 66 Director Orton stated that Senate Bill 66 is scheduled to go before the senate for decision in the near future. The cable companies are exerting great pressure on the senate to adopt this bill that would deregulate the cable industry. She requested that a letter be drafted to Senator Pryor and Bumpers from the 111 mayor opposing the adoption of this bill. She understood that Senator Pryor's office had not heard from the cities regarding O their opinion of this bill. Director Orton, seconded by Sharp, made a motion to have a letter drafted stating the city's opposition to Senate Bill 66. Q Upon roll call the motion passed unanimously. 1 VACANCY IN PARKING DISTRICT #1 Director Orton asked if the vacancy created by the resignation of Garland Melton as a commissioner of the Board of Improvement for Off Street Parking District ill would be advertised to be filled. City Attorney McCord stated that if the vacancy were adver- tised, the statutory requirement that the commissioner must be a resident of the district must be stated. There was general discussion about whether or not to adver- tise for a replacement. Director Orton, seconded by Sharp, made a motion to refer this to the nominating committee. Upon roll call the motion passed unanimously. LAKE STUDY REPORT Director Bumpass asked if Mr. Hal Brown was going to give a report of his lake study. Assistant City Manager McWethy stated that this study had not been completed. The study in the agenda was prepared by a high school senior. City Manager Grimes stated that he had talked with Dr. Meyer who had agreed to compile his data on the subject and make a report to this Board. Dr. Meyer is in the process of completing his report. 63 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 64 BOARD APPRECIATION FOR LIFTING OF SEWER BAN 64.1 Director Johnson expressed her appreciation to City Engineer Don Bunn, City Manager Grimes, and City Attorney McCord for their efforts in working with the Department of Pollution Control and Ecology in getting the sewer ban lifted for the City of Fayetteville. UTILITY RELOCATION/GREGG AVENUE 64.2 City Manager Grimes stated that Board approval was needed for the agreement between the City of Fayetteville and the city's Water and Sewer Department for the utility relocation project on Gregg Avenue. He stated that the federal share of this project was $11,755, and the city's share is $3,918. This money would be transferred from the Public Works Fund to the Water and Sewer Fund. 64.3 Director Bumpass, seconded by Johnson, made a motion to approve this arrangement. Upon roll call the motion passed unanimously. TRUMBO LAWSUIT 64.4 City Attorney McCord asked the Board for authorization to either defend the suit or accept the consent decree. Mr. Trumbo is suing the City of Fayetteville to gain an ingress access to his property. The prior owner, Johnnie Bassett, had entered into a contract relinquishing access to the property. However, Mr. Bassett no longer owned the property when he made this contract. 64.5 Mr. McCord stated that if the City accepted the consent decree which would allow Mr. Trumbo ingress access only, then no precedent would be set regarding whether or not the City had the authority to enforce their ordinance regarding denying access. 64.6 There was general board discussion regarding the inequities in forcing Mr. Trumbo to comply with a contract that was made by another party. Mr. McCord pointed out that the state will, if they have not already, approve access at the point Mr. Trumbo desires. Mr. McCord stated that the case is defendable; however, it could open up a case regarding the city's authority to enforce its ordinance that may be undesireable to the City at this time. 64.7 Director Johnson, seconded by Bumpass, made a motion to accept the consent decree in this case. Upon roll call the motion passed by a vote of 6 to 0. 1 1 FARMER'S MARKET REGULATION ORDINANCE AMENDED City Attorney McCord stated that Ordinance No. 2646 needed to be revised because an incorrect codification number had been used. City Attorney McCord read the ordinance for the first time. Director Bumpass, seconded by Orton, 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 Johnson, made a motion to further suspend the rules and place the ordinance on third and final reading. 0 Upon roll call the motion passed unanimously, and Mr. McCord read the ordinance for the final time. Upon roll call the CC( ordinance amending ordinance 2646 passed unanimously. Q ORDINANCE NO. ,a9,94- APPEARS ON PAGE 231 OF ORDINANCE & RESOLUTION BOOK XIV ORDINANCE AMENDING 2850/PUBLIC UTILITIES ON STREETS, ETC. City Attorney McCord stated that Ordinance No. 2850 pro- viding that the terms and conditions prescribed thereby under which public utilities may occupy streets, highways, or other public places shall be codified as section 18-17.1 of the Fayetteville Code of Ordinances, needed to be amended. The incorrect number had been used on the original ordinance. City Attorney McCord read the ordinance for the first time. Director Bumpass, seconded by Johnson, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call the motion passed unanimously, and Mr. McCord read the ordi- nance for the second time. Director Johnson, seconded by 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 ordinance passed unanimously. ORDINANCE NO.0.21,242APPEARS ON PAGE 3.l OF ORDINANCE & RESOLUTION BOOK XIV MINUTES Director Orton asked that on page 37.5 the wording be changed to clarify that "the total yearly premium for the fire contracts would be $121.00 for a residence and $242.00 for a neighborhood". These are the total amounts and not the increase amounts. 65 65.1 65.2 65.3 65.4 66 66.1 Director Johnson stated that at 30.8, the wording should be "Director Osborne, seconded by Johnson," and "the motion failed by a vote of 2 to 3, with Directors Osborne and Johnson voting in the minority." 66.2 At page 49.1, the cost should be "$1,1.00,000" not $10,000,000. 66.3 There being no further corrections or additions to the minu- tes, they were approved. ADJOURNMENT 66.4 There being no further discussion, the meeting adjourned at 9:30 p.m. 1