HomeMy WebLinkAbout1984-07-03 Minutes1
MINUTES OF A MEETING OF THE BOARD OF DIRECTORS
A meeting of the Fayetteville City Board of Directors was held on
Tuesday, July 3, 1984 at 7:30 P.M. in the Board Room of the City Adminis-
tration Building, 113 W. Mountain Street, Fayetteville, Arkansas.
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PRESENT: Mayor Noland; Directors Bumpass, Johnson, Lancaster, Martin
and Sharp; City Manager Grimes; Assistant City Manager McWethy;
City Attorney McCord; City Clerk Kennedy; members of the
press and audience
ABSENT: Director Orton
CALL TO ORDER
Mayor Noland called the meeting to order and asked for a moment of
respectful silence.
EMPLOYEE AWARDS
Mayor Noland announced the "employee of the month"• awards for June,
1984, noting comments made about the outstanding performance of the
employees by their supervisors. The Mayor presented a certificate
and check for $150 to Howard Beeks from the Street Department and
Jim Johnson from the Finance Department. Loren Rickman, Police Department
employee on vacation leave, was not present to accept the award.
DRAINAGE IMPROVEMENTS/DRAKE FIELD
Mayor Noland introduced a resolution approving a change order in the
drainage improvements along the west side of a new hangar at Drake
Field, consisting of a change in type of drainage pipe and the relocation
of inlets, the installation of driveways, sidewalks, and ditch paving,
and the installation of a roof drainage system at a total cost of
$4,114.05.
115
115-1
115-2
Director Lancaster, seconded by Johnson, made a motion to approve 115-3
the change order.
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July 3, 1984
116-1 Director Sharp questioned the change of concrete pipe to galvanized
pipe. A spokesman for McClelland Engineers stated this was necessary
because of "very tight quarters"; Director Lancaster stated several
other utility lines are located in the same space.
116-2 Upon roll call, the motion passed, 5-0, with Director Orton absent
and Director Bumpass not yet present.
RESOLUTION NO. 74-84 APPEARS ON PAGE J113 OF ORDINANCE & RESOLUTION
BOOK XIX
FOURTH LOT SPLIT/JANICE HARDIN
116-3 Mayor Noland introduced a request by Bill and Janice Hardin for approval
of a fourth lot split, for a parcel located on the north side of Highway
45 East in the area of the St. Joseph Cemetery. The Mayor noted this
request was considered by the Planning Commission on June 25 and the
fourth lot split was recommended for approval, 5-1. Jim Lindsey was
present to represent this request.
116-4 Jim Lindsey stated the County has given its approval for this lot
split. Lindsey stated this was the best and most economical way to
divide this 13 acre tract. Lindsey stated one parcel is only 2.19
acres but the size requirement for that parcel was waived by the Planning
Commission.
116-5 The Mayor noted the County Sanitarian had written a letter indicating
that any tract smaller than three acres must pass a percolation test.
Jim Lindsey stated they have agreed to submit pert data to the County.
116-6 The Mayor stated the County Planning Board felt there should be a
Bill of Assurance promising to maintain the private drive. Jim Lindsey
stated, because of the tandem lot situation, the County requires the
drive be private and that there be some assurance in writing. Lindsey
stated the Planning Commission denied approval of three driveways
exiting onto the road; that it is a requirement that the tract on
the end must exit onto the driveway, involving a transfer of easements;
Lindsey stated when the final plat is submitted, those easements will
be recorded on the plat. Lindsey stated the driveway will be gravel.
116-7 Director Martin, seconded by Johnson, made a motion to approve the
fourth lot split. Upon roll call, the motion passed, 6-0.
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117
July 3, 1984
STREET COMMITTEE REPORT
Director Sharp, Chairman of the Street Committee, presented the following 117-1
recommendations from the Street Committee:
(1) Director Sharp introduced a request from Jeremy Hess for,a variance 117-2
from the literal requirements of the City Code as they relate
to a proposed development on Caraway Street (Requirement: improvement
(.0 of Caraway Street to full city standards, from Storer to the
1.0 parcel's property line, including curb,.gutters, and storm drainage).
WDirector Sharp stated several neighbors had, attended the Street 117-3
CO Committee meeting, expressing the view thabringing the ,street
up,tp full city standards\would be,a disruption to the,neighborhood.
Q Sharp stated, i,t,was agreed ,to talk with ithelyneighbors on the
Board tour.
Mayor Noland reported that, after discussions with the neighbors, 117-4
one solution proposed was for Hess to construct a retaining wall
on the north lot line and an exit to Leverett from the complex;
to build 20 feet in width of blacktop on Caraway Street only
up Fto the alley; that Hess provide an entrance and an exit for
the property.
Mr. Hess stated he would be agreeable to paying for the cost 117-5
of materials for twenty feet in width of Caraway Street up to
the alley. He stated he would be able to get access to Leverett
and Storer Street, and would be able to continue the alley through
(from Leverett to Storer) without disrupting the trees. He stated
he would install a "one way" sign at the beginning of his parking
lot which would hopefully direct traffic (coming into his parking
lot from Caraway) not to go out that way.
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A resident of the neighborhood addressed the Board, stating "a 117-6
one way street is just a farce... because you can't keep people
from going both ways unless you have someone there 24 hours a
day."
Director Sharp noted the requirement is to pave Caraway with 117-7
curb and gutter, the city is waiving the curbs and gutters, doing
the work and only requiring Hess to pay the cost of materials.
Sharp stated he did not think it unreasonable ,to require Hess
to pave the,alleys to Leverett and Storer. Hess stated he could
certainly pay for surfacing toward Leverett but would "feel a
little bit taken advantage „of" if he were required to pay for
surfacing toward Storer.
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The City Attorney stated the ordinance requires the developer 117-8
to bear that portion of the cost of an off-site improvement that
bears a rational nexus by the needs created by the development.
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July 3, 1984
On October 2, 1984, the Board amended the Minutes
of the July 3 meeting to reflect that the Board's
intent was for Mr. Hess to purchase the materials
only (with the City providing the labor) for Caraway
Street; that Mr. Hess would be responsible for both
materials and labor for the alley.
118-1 McCord stated certainly one access
relationship to the needs created.
would seem to bear a reasonable
118-2 A resident of 606 Storer addressed
the 600 block of Storer has been
and cautioning that turning from
hazardous.
118-3
SEE ** ABOVE
the Board, stating many times
closed due to icy conditions,
Storer onto Caraway would be
Director Martin stated Hess had tried to be cooperative in terms
of the needs of the neighborhood in minimizing the traffic flow;
that he has offered to pave the equivalent of one block. Director
Martin, seconded by Lancaster, made a motion to approve the improve-
ment of 20 feet of paving of Caraway Street and the paving (with
Hess paying for materials and the City doing the work) of the
east half of the north alley to Leverett Street from the project.
Director Sharp asked if the intent of the motion was to improve
the street to city standards. Director Martin stated his intent
was that the street meet all standards, with the exception of
curb and gutter and additional width.
118-4 Director Bumpass raised the question of drainage problems. Hess
stated that, in the process of building a ramp into his parking
lot, he would be installing drainage tile which he intends to
tie into the existing drainage ditch.
118-5 Hess stated there is a possibility he will lose one or two parking
spaces because of building the ramp to the parking lot. The
City Attorney explained if Hess were to run short of the parking
space requirements he would have to seek relief from the Planning
Commission or Board of Adjustment.
118-6 Upon roll call, the motion passed, 6-0.
118-7 (2) Director Sharp introduced a request by Kevin Smith on behalf
of Ralph Gray, for a variance from the literal requirements of
the City Code, as they relate to a proposed development on Wedington
Drive.
118-8 Requirement ill: Improvement of 360' of James Street to full
city standards, including curb, gutters and storm drainage
118-9 Director Sharp explained the petitioner is requesting a waiver
of the requirement to improve James Street. Director Sharp stated
the recommendation of the Street Committee is that James Street
be paved but that the next developer be responsible for the curb
and gutter and sidewalk.
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July 3, 1984
Requirement #2: A driveway safety zone separation of 12 1/2'from 119.1
adjoining property (at.the NE ,corner).
Director Sharp stated the recommendation of the Street Committee 119.2
is not to waive Requirement 12.
Requirement //3: Installation of a 4' concrete sidewalk along 119.3
Wedington Drive for the length of the property.
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Director Sharp stated because the city has built sidewalks on 119.4
North Street and along Garland, the recommendation of the Street
W Committee is not to waive the sidewalk requirement along Wedington
CO Drive.
Q Director Sharp, seconded by Bumpass, made a motion to approve 119.5
the recommendations of the Street Committee.
Sue Madison, Planning Commissioner, addressed the Board, questioning
why there is no sidewalk requirement for James Street. Director
Sharp explained sidewalks for James Street are not on the city's
Master Sidewalk Plan. Sharp stated Madison may request this
be reviewed if she feels there is a need for sidewalks on James
Street. Sharp stated the Street Committee's rationale for its
recommendation is that it would not be fair to require this developer
to make total improvements to a street which others will also
be using. Sharp stated Madison should contact City Manager Grimes
and show the need for the sidewalks so they can be added to the
Master Sidewalk Plan.
119.6
In answer to questions from Madison, City Manager Grimes stated 119.7
the size of the development is about 98 apartment units.
Director Martin asked if this development had been brought before
the Planning Commission. Commissioner Madison stated the development
had been before Plat Review, but had not been reviewed by either
the Subdivision Committee or the Planning Commission.
The City Manager stated that normally the Planning Administrator
would not refer a development to the Board if it needed to go
before the Planning Commission first; that, in this case the
items being considered all must have approval of the Board of
Directors and perhaps the developers wished to see if these items
would be approved before proceeding further.
119.8
119.9
The City Attorney stated it would be appropriate to, refer •this 119.10
request to the Planning, Commission .for, a„recommendation since
it is a large scale development.
Director Sharp, seconded by Martin, made a motion to refer this 119.11
item back to the Planning Administrator to "put it back through
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July 3, 1984
120.1 the channels", noting some areas will go to the Planning Commission
and some will go directly to the Board. upon roll call, the
motion passed, 6-0.
120.2 (3)
Director Sharp reported the committee discussed the establishment
of priorities for the installation of storm drainage improvements
north and south of Wedington Drive, from Garland Avenue west
to Highway 71. Director Sharp stated City Manager Grimes has
made recommendations which the committee recommends for approval.
City Manager Grimes explained his proposal is to start at the
west end of the project, just east of the Bypass, and work to
the east, upwards on the drainage basins; that next year work
can proceed on the east side of Porter Road.
120.3 (4) Director Sharp introduced consideration of a staff proposal for
the installation of sidewalks along the streets immediately east
of Mission Boulevard instead of placing them adjacent to Mission,
as a way to avoid easement acquisition difficulties. Director
Sharp stated the committee does not have a recommendation on
this item.
120.4 City Manager Grimes presented two options for connecting the
sidewalk at North Street and Mission Boulevard to the existing
sidewalk system on Olive Street, Option #1 at a cost of $55,991
and Option #2 at a cost of $53,378. Grimes stated $50,000 is
budgeted but that he thought one of these options could be worked
into the budgeted amount.
120.5 Director Martin asked why the sidewalk is proposed to leave Mission
Boulevard at Rush Drive. Grimes explained the State Highway
Department has stated they will not place sidewalks on the right-
of-way; that Mission Boulevard has a very wide right-of-way.
Director Martin stated he thought people might continue to walk
along the right-of-way rather than detouring down Rush Drive.
120.6 After further discussion, Director Lancaster asked the City Manager
if the Highway Department would allow the city to build a sidewalk
on the back side of the right-of-way if the city did not hold
the Highway Department responsible for sidewalk replacement at
such time as the highway is upgraded. Grimes stated there is
a good chance this might be permitted. Director Bumpass asked
if the Board could be provided an estimate on the cost.
120.7 With no formal action being taken by the Board, Mayor Noland
suggested this item be tabled so that the City Manager might
contact the Highway Department's district engineer.
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July 3, 1984
VEHICLE SPECIFICATIONS
Mayor Noland introduced consideration of approval of bid specifications
for the purchase of a variety of city vehicles. The Mayor noted the
Purchasing Officer had provided the Board with bid specifications
for various departments.
Director Lancaster asked the City Manager for his recommendation.
City Manager Grimes stated, after reviewing the specifications, he
LO learned that the city shop consultant had not had an opportunity to
r- review them with the Purchasing Officer and the department heads.
W Grimes asked if this item could be sent back to the Purchasing Officer
CO to be reviewed by Van Bell and appropriate department heads, with
the Purchasing Officer.
Concerning intermediate size vehicles, Grimes stated he would like
to wait for feedback from the city's automotive expert as to whether
or not intermediate size cars should be used rather than full-size
sedans.
Director Johnson asked if there was a city policy on colors for city
vehicles. City Manager Grimes stated white is primarily used but
that some department vehicles use other colors, citing as an example
the Street Department vehicles which are red and thus easily identifiable
by the public.
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121.1
121.2
121.3
121.4
Director Bumpass, seconded by Johnson, made a motion to refer this 121.5
item to the City Manager. Upon roll call, the motion passed, 6-0.
BUILDING MATERIALS/AIRPORT MANAGER'S OFFICE
Mayor Noland introduced an ordinance waiving competitive bidding require-
ments for the purchase of building materials to remodel the Airport
Manager's office.
City Attorney McCord explained an ordinance is not required; that
advertising for bids has taken place and only one bid was received.
McCord stated the statutory requirements have been met, and this would
only be a matter of a budget adjustment, if necessary.
121.6
121.7
Director Bumpass, seconded by Johnson, made a motion to approve the 121.8
purchase of building materials. Upon roll call, the motion passed,
6-0.
122
July 3, 1984
OTHER BUSINESS
201 Facility Plan/Construction Phasing
122.1 Mayor Noland introduced consideration of approval of an amendment
to the Fayetteville 201 Facility Plan to authorize phasing for construction
of improvements to the city's wastewater treatment facility.
122.2 The City Manager stated it would be appropriate for the Board to adopt
a resolution approving the amendment.
122.3 Director Bumpass, seconded by Sharp, made a motion to approve the
resolution. Upon roll call, the motion passed, 6-0.
RESOLUTION NO. 71-84 APPEARS ON PAGE / 01
BOOK XIX
OF ORDINANCE 6 RESOLUTION
"Main Street" Program
122.4 Mayor Noland introduced consideration of a resolution to approve and
support the city's application for a three-year grant to participate
in the Arkansas "Main Street" Program, for revitalization of the Dickson
Street district.
122.5 Director Bumpass stated this resolution would authorize full support
and funding of the city's portion of the grant for a three-year period.
Bumpass explained the state-wide grant would be'managed by the AIDC
Department and the Historic Preservation Alliance will serve as consultants
to AIDC. Bumpass stated the three-year program would establish a
cooperative effort between merchants and property owners on Dickson
Street and others for historical renovation of the Dickson Street
buildings and bringing certain properties up to Code. Bumpass stated
also that certain tax credits will be available to some property owners.
122.6 Bumpass stated the resolution will authorize a full time coordinator/mana-
ger for the project but that it is anticipated the program will be
self-sufficient after three years.
122.7 Bumpass stated the city's application will be submitted along with
others from 28 cities in the State, out of which only five will be'
selected.
122.8 Director Bumpass, seconded by Sharp, made a motion to adopt the reso-
lution. Director Sharp asked if the grant amount was to be for $12,500
the first year and $9,000 the second year. Bumpass explained the
local share will increase as the grant amount decreases. Upon roll
call, the motion passed, 6-0.
122.9 Bumpass added that Sandra Carlisle, Director of the Community Development
Program, will be coordinating the application efforts. Bumpass asked
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July 3, 1984
that any community members who wish to support the program contact 123.1
Sandra Carlisle at the City Administration Building. Bumpass noted
the grant application is due to be submitted before July 27.
RESOLUTION NO. 72-84 APPEARS ON PAGE WI OF ORDINANCE & RESOLUTION
BOOK XIX
Co Resolution of Condolence
le Mayor Noland introduced passage of a resolution of condolence to the 123.2
family of State Trooper Louis Bryant, who was killed near DeQueen. The
W Mayor stated Bryant was a former resident of Fayetteville and a former
CO member of the Fayetteville Police Department. The Mayor stated the
a city appreciates his service to the community and to the State.
Director Bumpass, seconded by Johnson, made a motion to pass the reso- 123.3
lation. Upon roll call, the motion passed, 6-0.
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RESOLUTION NO. 70-84 APPEARS ON PAGE /00 OF ORDINANCE & RESOLUTION
BOOK XIX
Public Hearing/Industrial Park Revenue Bonds
Mayor Noland opened a public hearing concerning the issuance of $2,500,000
in industrial development revenue bonds to the Fayetteville Development
Foundation for the establishment of an industrial park. Mayor Noland
asked if there was anyone present who wished to speak for or against
the issuance of these bonds. There was no response.
123.4
The City Attorney stated it would be in order to pass a resolution 123.5
ratifying the ordinance authorizing the issuance of the bonds.
Director Johnson, seconded by Bumpass, made a motion to pass the resolu- 123.6
tion. Upon roll call, the motion passed, 6-0.
RESOLUTION NO. 75-84 APPEARS ON PAGE 1I7 OF ORDINANCE & RESOLUTION
BOOK XIX
Northwest Arkansas Waste Management Association
Attorney Bill Clark addressed the Board, stating he represents Northwest
Arkansas Waste Management, an association operated by Harold Parsons
who was granted a permit by the Department of Pollution Control and
Ecology to operate a sanitary landfill near Sonora. Clark stated
Ordinance 1046 requires a private collector to obtain a written contract
with the city authorizing trash removal from the City of Fayetteville.
Clark stated he had drafted such a contract, using a form provided
by City Attorney McCord.
123.7
124
July 3, 1984
124.1 Clark stated he originally thought this item would be considered under
"Other Business" at this meeting but the City Attorney advised him
the City Manager had decided this item should be on the July 17 agenda
instead. Clark stated this creates a problem because the association
has entered into an agreement with American Air Filter to remove their
garbage beginning July 16. Clark stated the City Attorney had advised
him if they wished to enter into a contract with any agency for which
the city does not furnish trash removal, it would be "a mere formality"
to get that contract approved.
124.2 Clark asked the Board to authorize the association to enter into a
contract with American Air Filter to remove their refuse and deposit
it in the Northwest Arkansas Waste Management landfill. Clark stated
the city has authorized this type of contract before for Sunray Sanitation.
124.3 City Manager Grimes explained he had received a call from Dick Adams
of Sunray Sanitation, who asked if this item would be on the agenda;
that Adams told him he understood it would be brought up under "Other
Business". Grimes stated he told Adams the item was not on the agenda
and that he would place it on the next regular agenda. Grimes stated
he felt the item was not urgent and could be routinely handled on
the next agenda and that this would be in fairness to the competing
company who was told the item would be considered on the next agenda.
Grimes stressed it has always been the policy of the Board "to let
everybody have their say".
124.4 The City Attorney stated he explained to Parsons there was a possibility
that the contract may be brought up under "Other Business" at the
discretion of the City Manager and the Board and there was no assurance
given that it would be considered at this meeting. Clark agreed with
this statement.
124.5 Clark stated he did not see how Dick Adams, who had a contract with
American Air Filter in the past, fits into the relationship between
the city and the Parsons landfill. Director Bumpass asked who presently
handles the garbage removal for American Air Filter and Clark stated
he believed it was handled by Sunray Sanitation.
124.6 Director Martin asked what the criteria is for approving a contract
of this nature. Grimes stated the city wishes to have the authority
to say that all burnable waste picked up in the city will go to the
new incinerator facility. Clark stated the contract does contain
the provision that, in the event the Northwest Arkansas Resource Recovery
facility comes into being, the trash must be taken to that plant.
124.7 Director Martin suggested the Board might allow the contract to commence,
subject to Board review at the next meeting.
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July 3, 1984
Director Lancaster stated he did not think the Board should consider
a controversial item under "Other Business" without providing public
notification to the citizens.
Director Bumpass asked if there was any reason why the Board could
choose not to approve the contract. The City Attorney stated there
was a recent decision in federal court that upheld the rights of cities
to mbnopolize 'sanitation servicer in'connection with a solid waste
resource recovery facility. McCord stated his opinion id, if the
city permits private collectors to operate, the city cannot discriminate
between private collectors. McCord.stated when the solid waste facility
W is built each member of the authority will be required to deliver
CO all solid waste to the solid waste resource recovery site.
Q Director Martin, seconded by Johnson, made a motion to approve the
commencement of this contract, temporarily, subject to ratification
at the next Board meeting. Upon roll call, the motion passed, 5-1,
with Director Lancaster voting against the motion. Lancaster stated
he did not think this was the proper procedure and when the item comes
up properly, he will vote in favor.
Amendment No. 3/Airport Grant
City Manager Grimes introduced a/resolution authorizing the execution
of Amendment No. 3 to the city's grant agreement with the Federal•
Aviation Administration (Project No. 3-05-0020-04) for an increase
in grant funds from $622,750 to $677,955.
Director Johnson, seconded by Bumpass, made a motion to approve the
resolution. Upon roll call, the motion passed, 6-0.
RESOLUTION NO. 76-84 APPEARS ON PAGE 119 OF ORDINANCE & RESOLUTION
BOOK XIX
Records Destruction
City Manager Grimes asked the Board to consider authorizing the destruction
of certain records which have been microfilmed, in order to clear
out the mechanical rooms.
Director Johnson, seconded by Bumpass, made a motion to approve the
destruction of documents as listed by the City Clerk. Upon roll call,
the motion passed, 6-0.
RESOLUTION NO. 77-84 APPEARS ON PAGE _ i OF ORDINANCE & RESOLUTION
BOOK )(IX
125
125.1
125.2
125.3
125.4
125.5
125.6
125.7
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126.1
July 3, 1984
Nominating Committee Report
Director Johnson reported that the Nominating Committee recommends
the appointment of Dr. Bill Vinzant to replace Dr. Joe Hall on the
Hospital Board, for a term expiring December 31, 1985.
126.2 Director Sharp, seconded by Bumpass, made a motion to approve the
recommendation of the Nominating Committee. Upon roll call, the motion
passed, 6-0.
Video Equipment
126.3 Director Johnson reported on purchases of video equipment for televising
city meetings (already budgeted items) Johnson stated the city already
has headsets so these need not be purchased, and that the 13" color
television can be purchased locally at a discount store. Johnson
reported all other items will be bid but not all will necessarily
be purchased at this time.
"Paul R. Noland Wastewater Treatment Facility"
126.4 Director Lancaster read a resolution designating the Fayetteville
sewage plant as the "Paul R. Noland Wastewater Treatment Facility".
Director Lancaster, seconded by Martin, made a motion to pass the
resolution. Upon roll call, the motion passed, 5-0-1, with Mayor
Noland abstaining.
RESOLUTION NO. 78-84 APPEARS ON PAGE OF ORDINANCE & RESOLUTION
BOOK XIX
MINUTES
126.5 The minutes of the June 19, 1984 meeting were approved as circulated.
ADJOURNMENT
126.6 With no further business before the Board, the meeting was adjourned
at 9:05 P.M.
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