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HomeMy WebLinkAbout1983-11-01 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 November 1, 1983 in Room 107 of the Continu- ing Education Building, Fayetteville, Arkansas. PRESENT: Mayor Noland; Directors Johnson, Lancaster, Orton, Sharp, and Bumpass; City Manager Grimes; Assistant City Manager McWethy; City Attorney McCord; City Clerk Kennedy; and members of the press and audience. ABSENT: Director Osborne CALL TO ORDER Mayor Noland called the meeting to order and asked for a moment of respectful silence. EMPLOYEE OF THE MONTH AWARDS Mayor Noland presented each of the three employees of the month for October - Michele Friend, Municipal Court Clerk; Al Rukgaber, Assistant Street Superintendent and Virginia Stout, Traffic Clerk with a certificate and a check for $150 and noted the comments made about the outstanding performance of the three employees by their supervisors. SOUND VARIANCE Mayor Noland introduced for consideration a sound variance that had been granted by the Administration for several fraternities allowing them to transmit up to 75 decibals of sound from 7:00 p.m. on Saturday, November 5 until 1:00 a.m. Sunday, November 6. He stated thatthis type of request for a variance occurred about twice a year, and asked if there was anyone present who would like to protest the granting of the variance. There were no protests, so the granting of the variance by the Administration stood. REZONING NW CORNER DICKSON STREET & WEST AVENUE/PETITIONER: BURLINGTON NORTHERN RAILROAD (R83-12) Mayor Noland introduced for consideration an ordinance rezoning a 1.5 acre tract of land located at the Northwest corner of Dickson Street and West Avenue from I-1 (Heavy Commercial -Light Industrial) to C-3 (Central Business Commercial). Planning Commission had recommended approval (8-0), and this was left on first reading at the October 18 Board meeting. '203 209.1 209.2 209.3 210 11-1-83 210.1 Director Bumpass requested the ordinance be left on second reading, stating there is additional information which still has not been devel- oped on this. In the absence of a motion to move onto third reading, Mayor Noland said this will stand on second reading. STREET NAMING/COUNTY ROAD #650 210.2 Mayor Noland introduced request from residents of County Road #650 that the Board name their street. This request had been tabled at the October 4th and October 18th meetings. 210.3 Mayor Noland stated the most recent proposal was for the eastern portion of this road running south from Highway 16 West to be named North 46th Avenue; the western portion of the road running south from Highway 16 West to be called North 54th Avenue; and the southern portion running west from the Hoyt Greenwood property be called West Persimmon Street. 210.4 With no comments or objections, it was moved by Director Lancaster, seconded by Director Johnson, to pass a resolution to this effect. Upon roll call, the motion passed unanimously. RESOLUTION # 125-83 APPEARS ON PAGE 5(,35 OF ORDINANCE AND RESOLUTION BOOK X V l LOT SPLIT APPEAL/SUNRISE MOUNTAIN ROAD/ JOHN M. WALKER 210.5 Mayor Noland introduced an appeal of a decision by the Planning Commission to take no action on a lot split request of John M. Walker for property located at 1657 Sunrise Mountain Road. This property was recently rezoned from A-1 to R-1, and a request was heard by the Planning Commission to approve a waiver of the minimum lot size requirement of 3 acres for a lot split. Both motions to deny and to approve the request failed for lack of 5 affirmative votes at the Planning Commission meeting. Director Bumpass moved, seconded by Director Johnson, that the Board approve the lot split and at the same time, the City Attorney be authorized to begin injunctive relief against the grantor because of a subversion of the City's zoning ordinance and perhaps large scale development ordinance. 210.6 City Attorney Jim McCord stated the motion was consistent with discussions at the retreat, that the facts show the subdivision regulations have been violated by the grantor. This is consistent with past action of this Board under similar circumstances. 210.7 The City Attorney further stated lis pendens will be filed which puts the public on notice that the City believes there is a subdivision regulation violation. Upon roll call, the motion passed unanimously. 1 1 11-1-83 21t WILDERNESS BILL/HR 2917 Mayor Noland introduced a request from area supporters of Represent- 211.1 ative Bethune's Wilderness Bill HR2917 presently before Congress. Mr. Frank Royter, from Berryville, explained there were two Wilderness bills, one supported by Representative Anthony and one by Bethune. Lois Imhoff, Tom McKinney, and others were available to answer questions. A film presentation was shown at this time. Director Bumpass asked who had objected to this bill and why. 211.2 Tom McKinney stated most objections have come from residents of Benton Count whoblieve .their Drl.vhate npropert would.be condemned. However, the property to De designated i der ess already be ongs to the federal government. Director Sharp made a motion, seconded by Director Orton, that the 211.3 City Attorney draft a resolution strongly endorsing the Bethune Bill, and that this be placed on the next agenda along with copies of both the Bethune and Anthony Bills. After further discussion, roll was called and the motion passed 211.4 unanimously. TELEPHONE EASEMENT Mayor Noland introduced for consideration the approval of a 20 by 30 211.5 foot easement to allow Southwestern Bell Telephone Company to install a repeater station along the north edge of Gregory Park near the inter- section of West Sycamore Street and Woodland. Director Bumpass suggested the Board table the resolution until questions were answered regarding relocation of facilities for the Appleby Road and Skull Creek projects and the status regarding cost to the City is known. It was so moved by Director Lancaster, seconded by Director Bumpass, to table the resolution, with Director Lancaster asking that questions be answered in writing. Upon roll call motion to table passed unanimously. BRIDGE FUNDS Mayor Noland introduced for consideration a resolution asking the Arkansas State Highway & Transportation Department to schedule the Poplar Street Skull Creek bridge as the next priority project in Fayette- ville. 211.6 City Manager Grimes state the City has money budgeted for their share. 211.7 Director Johnson, seconded by Director Bumpass, made a motion to adopt the resolution. Director Sharp mentioned that Skull Creek was named after a man by 211.8 the name of 'Scull', and he asked that research be done to,check the spelling of the name and to correct it on the City's maps. Upon roll call the resolution passed unanimously. 211.9 RESOLUTION NO. 126-83 BOOK XV/1 APPEARS ON PAGE Y31, OF ORDINANCE & RESOLUTION 2I 4 11-1-83 INCINERATOR LEASE 212.1 Mayor Noland introduced for consideration a resolution authorizing the Mayor and City Clerk to execute a lease agreement with the North- west Arkansas Resource Recovery Authority, for 7.92+ acres to be used as the site for the proposed solid waste incinerator. 212.2 There being no further discussion it was moved by Director Johnson, seconded by Director Sharp, to pass the resolution. Upon roll call, the resolution passed unanimously. RESOLUTION NO.127-83 APPEARS ON PAGE 13.15 OF ORDINANCE AND RESOLUTION BOOK XVll AIRPORT STUDY 212.3 Mayor Noland introduced for consideration a resolution authorizing the Mayor and City Clerk to execute a contract with Braun Binion Barnard, Inc. for professional services for the preparation of "FAR Part 150" study at Drake Field. 212.4 Mayor Noland explained this $15,000 study, required by the Federal Aviation Administration would be funded by a 90% federal grant, and is scheduled to be completed within 12 months. 212.5 After further discussion, it was moved by Director Bumpass, seconded by Director Johnson, to pass the resolution. Upon roll call, the resolution passed unanimously. RESOLUTION N0.128-83APPEARS ON PAGE 1/39 OF ORDINANCE AND RESOLUTION BOOK yVlt BID AWARD/#544/VIDEO EQUIPMENT FOR POLICE DEPARTMENT & MUNICIPAL COURT 212.6 Purchasing Officer, Sturman Mackey, introduced a bid from Mission Supply of Fayetteville for video equipment for Police Department and Municipal Court for $5256.40. 212.7 Mr. Mackey stated that the purpose of the equipment is to record book- ings at the Fayetteville Police Department and perhaps subsequent trial and presentation of evidence at the Municipal Court. He stated $1,000 has been received from the Washington County Medical Society and Judge Williams is recommending payment of the balance from what is called the Municipal Court Lab Fund. 212.8 After further discussion, it was decided it should be determined whether these purchases are compatible with other purchases of video equip- ment to be made for the new Board meeting/Court room. 212.9 Director Johnson moved, seconded by Director Bumpass, to table this item and after discussion, roll was called and the motion was passed unanimously. BOARD RETREAT Resolution/Contract with Maryntr Bassett, Interior Decorator 212.10 City Attorney McCord introduced for consideration a resolution 1 1 1 213 11-1-83 authorizing the Board to enter into a contract with Marynm Bassett 213.1 for interior decorator services in the new City Hall, and to incorporate modifications to the contract as agreed upon at the Board retreat. It was so moved by Director Johnson, seconded by Director Bumpass, to pass the Resolution. Upon roll call, the motion passed unanimously. / RESOLUTION NO.129-83 APPEARS ON PAGE Y 7 OR ORDINANCE & RESOLUTION BOOK XVII . Resolution/Proposed Creation of Regional Waste Water Authority District Director Orton introduced for consideration a Resolution expressing 213.2 the Board's support for the creation of a Regional Waste Water Authority District. City Attorney McCord stated it was his understanding that the 213.3 wording of the Resolution was to be such that, although the Board desired to support formation of the District, it preferred to go on record as electing not to participate at this time. It was moved by Director Orton, seconded by Director Bumpass, to 213.4 pass the Resolution. Upon roll call, the motion passed unanimously. RESOLUTION N0.130-83 APPEARS ON PAGE 4 S7J OF ORDINANCE & RESOLUTION BOOK )(Ulf OTHER BUSINESS Sewage Treatment Plant Facility 201 Plan Mayor Noland stated the EPA required a review of the design phase 213.5 of the sewage treatment plant facility, originally to have been done by CH2M Hill. He stated since they are doing the basic design, the City must hire someone else to do the value engineering. The staff needs the Board's authorization to negotiate with Black and Veatch to do the engineering study for CH2M Hill. After further discussion, Director Johnson, seconded by Director 213.6 Sharp, made a motion to negotiate a contract with Black and Veatch. Upon roll call, the motion passed unanimously. Airport Committee/Ordinance to Waive Competetive Bidding Director Lancaster reported the Airport Committee met and discussed 213.7 airline rentals and charges for 1984. The committee suggested that no rate increase in fees for 1984 be imposed but leave them at the 1983 level. Ede Hogue, Airport Manager, has estimated an 11 percent increase for 1984 at the present rates. Ede Hogue stated the City Attorney would need to prepare modifi- 213.8 cations to the leases for rates on rentals for Board approval. Mayor Noland asked if there were any serious objections and none were expressed. Hogue then asked the Board to waive the requirement for competitive 213.9 bidding and award the contract for trenching to Fayetteville Tree & 21k* 11/1/83 214.1 Trench. She stated she would make application to the State Commission for one-half of this cost, and the City's share will have to be a budget adjustment. 214.2 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. City Attorney McCord read the Ordinance for the second time. Director Bumpass, 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. Upon roll call, the Ordinance waiving the requirements for competetive bidding passed unanimously. ORDINANCE # 2961 APPEARS ON PAGE No OF ORDINANCE AND RESOLUTION BOOK a 'CI Noise Barrier 214.3 Ede Hogue reported the noise barrier problem is being taken care of, laying in of SB2 has almost been completed, asphalt should be in place by end of next week, and that materials are on order and will be delivered by November 14th. She said the barrier should be completed by the end of the year. 214.4 The FAA participated on a 90-10 basis with the City on funding the new ramp at the Airport. The State participated on a 50-50 basis on the cost of the barrier. The cost of engineering is not eligible for funding so must be paid in full by the City. Mayor Noland recommended the City and Skyways negotiate a cost sharing arrangement on the balance due on the barrier which is estimated to be around $10,300. Cable Legislation/Senate Bill 66 214.5 Director Orton made a motion to pass a Resolution that the Board is not in favor of Senate Bill 66 concerning federal cable legislation, and that the Board express this same sentiment at the upcoming Arkansas Municipal League meeting. 214.6 Director Orton suggested the City use the same wording of the Resolution with the agenda, changing the bottom of the first page to read "City of Fayetteville". Mayor Noland seconded the motion and, upon roll call, the motion passed unanimously. RESOLUTION NO.131-83APPEARS ON PAGE y { 1 OF ORDINANCE AND RESOLUTION BOOK XVII City vs. .15 Acre/Meadow Street 214.7 Director Sharp wanted to know the status of the .15 acres (45' x 150') of property on Meadow Street. 214.8 City Manager Grimes explained that the City, while trying to find the owner of property which needed cleanup, discovered ownership was unknown for about 40' of the property. He stated the Complaint was filed in Circuit Court for the purpose of acquiring land needed for future street improvements. 1 11-1-83 Director Bumpass made a motion, seconded by Director Johnson, for the City to file condemnation proceedings to acquire the .15 acres on Meadow Street. Upon roll call, the motion passed unanimously. RESOLUTION NO.132-83aPPEARS ON PAGE 1952 OF ORDINANCE AND RESOLUTION BOOK XVII 215 215.1 Letter from CH2M Hill Director Orton asked for an explanation of the letter from CH2M Hill 215.2 that had been included in the agenda. City Manager Grimes explained that the letter was intended to be written verification of the previous discussions between CH2M Hill and the City regarding the City's sludge treatment system. A representative from CH2M Hill stated that they were preparing as 215.3 part of their efforts the details on the sludge system and the preliminary design on a cooperative loading station. Simultaniously, they have a questionnair.e`,going-out this week to residents of the area within a certain radius to inquire .about their desire for the sludge. From results of that questionnaire they will further plan a cooperative effort. When the data from the questionnaire is available, CH2M Hill will present this to the City. Brochures "Safety of Your Own Home" Director Bumpass distributed copies of a fire brochure, "Safety of Your Own Home", prepared by the Fayetteville Fire Department on fire safety and improvement. Fire inspectors will offer free fire inspection to units in town, both owner occupied or landlord -tenant dwellings. The brochure was a result of a cooperative effort between the Fire and Police Departments, David McWethy, and Blackwood, Martin and Associates..who.ohly charged for the cost of printing 20,000 brochures. These will be available at City Hall and mailed out to all utility users in Fayetteville along with all elementary schools. 215.4 EPA Lawsuit City Attorney Jim McCord asked the Board how to proceed on the upcom- 215.5 ing trial scheduled for November 18, 1983 between the City and the Arkansas Department of Pollution Control and Ecology. Mr. McCord recommended that the City file for a continuance of the scheduled date which would leave options open if necessary to challenge whatever action the commission might take. He stated the council for the Arkansas Department of Pollution Control 215.6 and Ecology, Mr. Phillip Dice, in a phone conversation with him, stated that the commission would have no objections to the City filing a continuance. The Board agreed with City Attorney McCord's recommendation and 215.7 instructed him to proceed. IBI Corporation Case/Green Space Ordinance City Attorney Jim McCord stated that the Supreme Court had made a decision on the City's Green Space Ordinance. The Ordinance, per se, 215.8 216 11-1-83 216.1 was not declared unconstitutional; however, the manner in which the ord- inance was applied in this particular case was unconstitutional. The ordinance did not sufficiently define the City's Parks Plan of land dedication. Mr. AcCord stated he had not yet received a copy of the court's decision, but he felt the Board could enforce the Ordinance by amending the Parks Plan, if they so desired. MINUTES 216.2 The minutes of the October 18, 1983 meeting of the Board of Directors were approved as submitted. ADJOURNMENT 216.3 There being no further business, the meeting adjourned at 9:25 P.M 1