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HomeMy WebLinkAbout1983-07-19 Minutes1 95 MINUTES 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 July 19, 1983, in Room 204 of the Continuing Education Building, Fayetteville, Arkansas. PRESENT: Mayor Noland; Directors Johnson, Lancaster, Osborne, Orton, Sharp, and Bumpass; City Manager Grimes, Assistant City Manager McWethy, City Attorney McCord, City Clerk Griffin; members of the press and audience. CALL TO ORDER Mayor Noland called the meeting to order and asked for a moment of respectful silence. REZONE/BEACH & PHILLIPS FOR PROPERTY LOCATED ON NORTH SIDE OF HIGHWAY 16 WEST Mayor Noland Rezoning Petition 2.8 acres located 1000 feet west of District" to R-1, that the Planning a vote of 8-0. introduced an ordinance rezoning property as requested in 95.1 R-83-10 by Mr. Terry Lee Beach and Roger Phillips for on the North side of Highway 16 West, approximately Carlsbad Trace. The request is from A-1, "Agricultural "Low Density Residential District." Mayor Noland noted Commission had recommended approval of this rezoning by 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 Osborne, seconded by Johnson, made a motion to further suspend the rules and place the ordinance onthird and final reading. Upon roll call, the motion passed unanimously , and the City Attorney read the ordinance for the final time. There being no further discussion, upon roll call, the ordinance passed unanimously. ORDINANCE NO. 2932 APPEARS ON PAGE 63 OF ORDINANCE & RESOLUTION BOOK XIV 95.2 LOT SPLIT/CONSIDERATION OF REQUEST BY TERRY BEACH Mayor Noland introduced for consideration, a request for a variance for the lot size requirement applicable to a lot -split submitted by Terry Beach for property North of Highway 16 West and East of County Road 877. Mayor Noland noted that there was no specific material on the perc tests in the agenda material and asked Mr. Beach if he had the results of the tests with him. Mr. Beach responded that he did not have these, but that he did get the permit from the Health Department and added that the perc tests had been run by Milholland Engineering Company. Director Johnson inquired if the property was in the area where a Sewerage and Drainage Study had been authorized by -the Board, and it was affirmed"that it was: Mayor. Noland inquired of City Manager Grimes when the study would be completed and Mr. Grimes advisedcthat he had just checked on this matter and had been told that the report would be ready on August 22. 95.3 95.4 96 Mayor Noland stated that one of the problems regarding this matter was that when the sewer line was run down Highway 16, although there was no specific date for this, Mr. Beach would have 18 months to hook onto the line and would already have his septic tanks and lines in, if this variance was approved, which would mean more expense for Mr. Beach. Director Orton asked how far apart the lateral fields would be and Mr. Beach replied that there would be approximately 300 feet from the end of his last leach line to the beginning of Mr. Phillip's field. Director.Bumpass inquired if Mr. Beach fully understood that he would be required to hook up to the sewer line within 18 months after it was run down Highway 16 and Mr. Beach acknowledged that he did. After further discussion by the Board, including siting of the proposed lateral lines in relation to adjacent property lines, Director Johnson, seconded by Bumpass, made a motion to refer this matter to the Water and Sewer Committee for further discussion. Upon roll call, the motion passed unanimously. Director Lancaster requested that the next time the Board discusses this matter, the petitioner bring a copy of the Engineering Report and State Health Department approval. ACT "9" INDUSTRIAL REVENUE BONDS MEMORANDUM OF INTENT Mayor Noland stated that the Board had a request to table this item. Director Lancaster, seconded by Osborne, made a motion that this item be tabled at this time. Upon roll call, the motion passed unanimously. ENGINEERING CONTRACT/CH2M HILL/SEWAGE TREATMENT FACILITIES Mayor Noland introduced for consideration a proposed contract between the City and CH2M Hill for design of sewage treatment facilities as proposed in the recently completed 201 Facilities Plan. Cliff Thompson, Vice President and Regional Manager of CH2M Hill addressed the Board and gave an overview of the contract. He stated that what CH2M Hill has proposed and thought most workable is a basic contract that covers all the relationships they sought to build with the City. He stated that the services to be provided by CH2M Hill are anticipated to in- clude Design Services (Task Order I), Services during Construction (Task Order 2), and Plant Operation and Maintenance Services, (Task Order 3). He added that, in the Resolution passed by the Board on July 5, 1983, the City now requires the contract provide a guarantee that the treatment facility be designed and con- structed to consistently meet the applicable NPDES permit limits for a period of two years following plant start-up. CH2M Hill agrees, he stated, to provide this guarantee if Services during Construction and Plant Operation and Maintenance Services are provided by CH2M Hill. Director Lancaster said his concern was that whatever you design, you guarantee that it will meet the limits you say it will two years from now - not after we've already got the plant going and find out it doesn't work. Mr. Thompson said this was covered in Article I of the Basic Agreement. 96.1 1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 1 • 97 Mr. Thompson went on to say the proposal was that a draft of Task Order 3, covering the guarantee and penalties, would be provided within 60 days following execution of Task Order I with every effort being made to conclude final negotiations of this phase within an additional 30 days. He explained that in essence, they were asking the City to let them begin work on the Design activities, take the 45-60 days to negotiate the details of what the guarantee will consist of, what the penalties would be, recognizing that there is a termina- tion clause in the contract, so if the City feels the negotiations are not moving along in good faith to provide this guarantee, the City does have a remedy. There was general Board discussion regarding what type of pay- ment schedule should be adopted and it was decided that payment would be in the form of a lump sum amount of $1,550,000 for the Design Phase .(Task Order #1) only. Payment for Task Order #2 and #3, Services During Construction and Plant Operation and Maintenance, would .be negotiated at.a later date when these portions of the contract were awarded. 1rector Sharp observed that there was no penalty stipulated if the plans were not completed before May 1, 1984, to which City Attorney McCord answered that this had been discussed during the negotiating session earlier that day and that by adding the phrase, "time is of the essence" ensuresthat if the Engineers do not meet the deadline, we do have recourse in a court of law. He added that they had also discussed the need for a liquidated damages provision which is used if actual damages are not ascertainable and it was decided that this clause was not needed as it was felt the City of Fayette- ville could prove the actual damages if the deadline was not met, in that our percentage of the Federal grant would be reduced down to 55% and we could show immense actual damages. The Board concurred. After further general discussion, Director Orton, seconded by Johnson made a motion to nnaccept the contract as written. Upon roll RESOLUTION motion passed unanimously. OF ORDINANCE & RESOLUTION BOOK 'Ni/ CONTRACT CANCELLATION/FURTHER CONSIDERATION OF REQUEST BY H. TRUMBO Mayor Noland introduced for, further consideration, a request by Howell Trumbo for the Board's agreement to the termination of a contract cancelling access from Highway 71 North into Lots 3 and 4 in Bassett's Place Subdivision. Mayor Noland made reference to additional information that had been made available to the Board, including an aerial photo furnished by the Highway Department, which was made prior to the time construction was started on the widening of Highway 71, which showed a depth of access at the point in question. He stated that this material showed that there was no payment made for closing of this particular access. As there was no further discussion, Director Lancaster, seconded by Orton, made the motion to grant one ingress point,for either Lot 3 or Lot 4. Upon roll call, the motion passed unanimously. 97.1 97.2 97.3 97.4 97.5 97.6 97.7 9r SIDEWALK WAIVER/DOCTORS McNAIR & MAGNESS/S.W. CORNER ELM ST. & GREEN ACRES RD. Mayor Noland introduced a request from Dr. William McNair and Dr. C. R. Magness for a sidewalk waiver for property at the Southwest corner of the intersection of Elm Street and Green Acres Road. He noted that this request had been discussed at the Street Committee Meeting that morning, and asked Director Sharpe if there was a recommendation. Director Sharpe stated that there were five Directors present at the Street Committee Meeting and it was the consensus that this was a unique situation in that the City would lose the trees that are of value to the City and the Doctors that built the Clinic. It was further agreed that the easiest solution to this would be for the Doctors to grant the City a Bill of Assurance that the sidewalk would be built at the call of the City and that none of the Directors present indicated they would make that call un- less the trees died, which would change the situation. Mayor Noland said that it had been pointed out that there was a side- walk along the building in addition to the parking lot, both of which would be available to pedestrians, as well as a sidewalk on the Green Acres Road side of the building. There being no further discussion on the matter, Director Sharp, seconded by Johnson, made a motion to grant the waiver, with the Doctors executing a Bill of Assurance to the City. Upon roll call, the motion passed unanimously. It was reiterated, for future Boards, that this action was being taken to preserve the trees, and it was the mood of the Board at this time that there would be no call to have the Doctors remove the trees and build the sidewalk as long as the trees remained, RIGHT-OF-WAY & CUL-DE-SAC WAIVER/J. HESS/NORTH END OF COURT STREET Mayor Noland introduced a request from Mr. Jeremy Hess for the waiver of right-of-way dedication and cul-de-sac construction requirements for the property located at the North end of Court Street, noting that this had been discussed at the Street Committee Meeting that morning and asked Director Sharpe if there was a recommendation. Director Sharpe stated that there was reluctance to change the Master Street Plan because there was the possibility that in 20-30 years this area might be developed differently; also, possibly Mr. Hess could be given a temporary waiver to build his building, then dedicate the Right -of -Way, also grant a Bill of Assurance that they would build the curb and gutters at the call of the City and thirdly, the radius of the cul-de-sac could be increased by 7-1/2 feet instead of the 15 feet that a new development would require. Mr. Hess addressed the Board, stating that he had gone back to measure the cul-de-sac. He said that the cul-de-sac is in the shape of a keyhole, circular at top, straightening out at the bottom, and what he proposed was to round out the cul-de-sac at the bottom which would then make the radius 40 feet; otherwise, increasing the right-of-way by 7-1/2 feet 98.1 98.2 98.3 98.4 98.6 98.7 9P 8 1 on the top side would involve removing a line of trees, or planning for circles in the pavement to avoid these trees. He continued that there were no trees where he proposed to widen the cul-de-sac. Mr. Hess said he understood there was supposed to be a 10 foot dedica- tion to allow a 50 foot right-of-way radius. In conclusion, he stated that if he were granted the temporary waiver, so he could go ahead and build his building, after the building was complete and before he got the Certificate of Occupancy, he would then grant the City the 10' additional right-of-way. The motion was made by Director Sharp, seconded by Bumpass to (1) grant a temporary waiver on the requirements of right-of-way 10 dedication until a Certificate of Occupancy is obtained; (2) have the builder execute a Bill of Assurance to the City, agreeing to install curbs and gutters at the call of the City, with the City not calling for the curbs and gutters to be built finless the popula- 7 tion density increases anywhere on the block; and (3) the builder is Q to widen the cul-de-sac to complete the 40' radius:, Upon roll call, the motion passed unanimously.. WATER LINE OVERSIZING/OLD WIRE ROAD Mayor Noland introduced consideration of the oversizing of a growth area water main along Old Wire Road as recommended by the Water and Sewer Committee and the City Engineer, noting that this involved about 2,000 feet of water line in the Northeast section of the City He explained that what the City would be paying was the difference between a 2" and a 6" line, with the property owners pay- ing $3,540 and the City paying $4,396 for a total cost of $7,936. Director Johnson, seconded by Sharp, recommended that the oversizing be approved. Upon rollcall, the motion passed unanimously. CHANGE OF WATER & SEWER AND SANITATION FUND FISCAL YEARS Mayor Noland introduced for consideration a request from the Water and Sewer and Finance Committees for a change in the fiscal year -ends for the Water and Sewer and Sanitation funds from July 31 to December 31. He stated that this would put all of our City operations on a calendar year operation rather than just a fiscal year. Mayor Noland, seconded by Osborne made a motion that this change be made in both the Water and Sewer and Sanitation funds. Upon roll call, the motion passed unanimously. 1 RESOLUTION 85 -83 -APPEARS ON PAGE /t6 OF ORDINANCE & RESOLUTION BOOK)Iii/ 99 99.1 99.2 99.3 99.4 99.5 99.6 100 1983-1984 WATER & SEWER & SANITATION BUDGET APPROVALS Mayor Noland introduced for consideration approval of the Water and Sewer and Sanitation Budgets for 1983-84 as recommended by the Water and Sewer and Finance Committees. It was noted that these budgets, however, will only be in effect until December 31, 1983, due to the motion just passed to change the fiscal year - ends for the Water and Sewer and Sanitation funds to December 31. Finance Director Linebaugh addressed the Board and stated that there were changes that needed to be made in the budget that was presented, in that he had just been informed earlier in the day that funding of the Aeration facility from the EPA was now available and will be part of the $15,000,000 total amount the City will receive, which would change the cash flow picture from the $1,000,000 cash flow loss that had been expected during the year down to the $599,000 figure that had gone through the Finance and Water and Sewer Committees. He noted that this would not be available until October, however. It was decided not to make this change in the budget at this time due to the question in funding, but rather to wait until it was actually received. Mr. Linebaugh brought to the attention of the Board one further change that would need to be made in this budget, this being the change in the engineering contract with CH2M Hill from $1,350,000 to $1,550,000. The Board agreed tothis change. Director Osborne, seconded by Johnson moved that the budget be approved with the change for the Engineering contract for pollution control to be made. Upon roll call, the motion passed uananimously. RESOLUTION 86-83 APPEARS ON PAGE /17 OF ORDINANCE & RESOLUTION BOOK )/ VI/ RESOLUTION 87-83 APPEARS ON PAGE l7 8 OF ORDINANCE & RESOLUTION BOOK X V1) UTILITY RELOCATION AGREEMENT/SWEPCO/GREGG AVENUE Mayor Noland introduced a resolution authorizing the Mayor and City Clerk to execute a utility relocation agreement with SWEPCO for the relocation of power line facilities along Gregg Avenue, in conjunction with the widening of the street. The cost is estimated to be $12,188.20, with an eligible reimbursable amount of $3,047.05 and total cost to the City being $9,141.15. There being no further discussion, Director Osborne, seconded by Lancaster made a motion to approve this contract with SWEPCO. Upon roll call, the motion passed unanimously. RESOLUTION 88-83 APPEARS ON PAGE 179 OF ORDINANCE & RESOLUTION BOOK X Vj1 100.1 100.2 100.3 1 100.41 100.5 100.6 1 PURCHASE AGREEMENT/FULBRIGHT INVESTMENT COMPANY/ROCK STREET PROPERTY Mayor Noland introduced a resolution authorizing the Mayor and City Clerk to execute a purchase agreement with Fulbright Investment Company for property on Rock Street located in Block 40 in the original plat of the City of Fayetteville. Mayor Noland stated that this was the "Blue Building" that the Board had requested an appraisal on at the last Board meeting on July 5, and which the Board Finance Committee had recommended 1.0 purchase of for the purpose of records storage and permanent quarters for the Traffic Department Operations Center. Q The Board concurred that the valuation on the appraisal showed the building to be a good investment. There being no further Q discussion, Director Johnson, seconded by Osborne, made a motion Q to purchase the building. Upon roll call, the motion passed unanimously. 1 RESOLUTION 89-83 APPEARS ON PAGE /F6 OF ORDINANCE & RESOLUTION BOOK BID AWARD/BID #531/RESURFACING TENNIS COURTS AT WILSON PARK Mayor Noland introduced for consideration retroactive approval of Bid #531for resurfacing four tennis courts at Wilson Park, noting that this was in the 1984 Parks budget, and that the bid had come in under the estimate of the amount the Parks Department had in the budget; therefore when the budget was approved, the resurfacing was also approved. He further stated that the bid approval was retroactive because the courts had to be resurfaced before the tennis tournament that started July 15th. There being no further discussion, Director Lancaster, seconded by Osborne made a motion to award Bid-#531,(madety Eckco, Inc.)retroactivel.y. .Upon roll call, the motion passed unanimously. OTHER BUSINESS Amendment to Sign Ordinance Mayor Noland asked the Board if they were ready to discuss the amendment to the sign ordinance regarding temporary signs for non-profit organizations. City Attorney McCord recommended that the Board review.the proposed Ordinance and have it placed on the next agenda as the copy they received was just for discussion purposes and the Board might want to consider the several temporary sign requirements before deciding on the finalized Ordinance. Director Orton, who proposed adding a sec- tion to the sign ordinance to deal with these type of signs at the July 5 Board Meeting, agreed to have the item placed on the next agenda and delay discussion until then. 101 101.1 101.2 101.3 101.4 101.5 101.6 102 Putnam Street Paving Director Sharpe explained that the property owners on Putnam Street would like to furnish the material, (base and asphalt) to pave the street, and that there would be no curbs or gutters, with the City doing the work when they could. The cost of the material would run $3,067.17 Director Sharpe went on to say that the Street Committee felt that this should be done. Director Sharp, seconded by Osborne made a motion that the City Street Department pave this street, with the property owners involved paying the cost of the materials. Upon roll call, the motion passed unanimously. Taylor Street/Proposed Condominiums/Roller Wilson Petition Director Sharpe commented that this item had been referred to the Street Committee by the Board at the July 5th meeting. Director Sharp said that while trying to work out setback re- quirements, the discussion had turned to the different definition of condominiums and townhouses and apartments. He stated that in this area, only two apartments could be built,(due to zoning) but if the building that is being proposed is being designed as a condominium, four units could be built, according to the Planning Commission's interpretation of the Ordinance. Director Sharpe stated that he saw no difference between apartments and condominiums except in final ownership. City Attorney McCord stated that he would look into this matter, talk to the Planning Commission and report back to the Board. Earth Stations Director Sharpe reported on a discussion he had with Bobby Jones, Planning Administrator, regarding large TV antennas, where they were trying to determine what setback requirements were for these structures. City Attorney McCord said it had been his understanding that the Planning Commission had been treating these satellite dishes as structures, requiring setbacks as such. City Attorney McCord said he would check back with the Planning Commission to see if there had been any change in the way they were handling this matter. "Main Street Project" Director Bumpass brought the Board up-to-date on the work he had been doing on this project, which involves restoring a portion of Dickson Street. He stated that he had talked with the State Historical Society and they had indicated that they were considering selecting one city in each congressional district (plus one at -large) for funding purposes. He stated that he had familiarized himself with this program and was going to assemble some documents from other cities similar to Fayetteville that had been successful with this type of renovation,to present to the Board. He said he thought a program could be developed and that he was encouraged by what he had learned. 102.1 102.2 102.3 102.4 102.5 1 1 MINUTES The Board had the following changes to make in the minutes 103.1 of the July 5, 1983 Board Meeting: 78.1 The first sentence should read: "Mr. Jim Rush addressed the Board and requested that the Board reconsider his Petition to rezone to R-3." 92.3 The first sentence should read, "Director Orton stated that 1 •the Mayor of the City had received a letter from the Red Cross regarding their temporary signs " 0 98.9 Correction to June 21, 1983 minutes should read, "Director 103.4 7 Orton stated that she was concerned that this proposal would Q put too much emphasis on fire detectors rather than a fire Q prevention program." 84.1 The second sentence should read, "She explained that while the amount of this grant was only $2,000, the major objective " 103 103.2 103.3 1 1 89.1 The last sentence should read, "He went on to say that this would give the City 8 ft'. of.paved shoulder from.Razorback Road on out to thq Old Farmington Road." 86.3 Delete the last sentence starting with, "He announced that there would be a public hearing on the program...." ADJOURNMENT With no further business before the Board, the meeting adjourned at 9:05 P.M. 103.5 103.6 103.7 103.8