HomeMy WebLinkAbout1985-05-21 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS
A regular meeting of the Fayetteville City Board of Directors was
held on Tuesday, May 21, 1985 in the Board Room of City Hall, 113
West Mountain Street, Fayetteville, Arkansas.
PRESENT: Mayor Noland; Directors Bumpass, Hess, Johnson, Lancaster
and Orton, .City Manager Grimes, Assistant City Manager
McWethy, City Attorney McCord, City Clerk Kennedy;
members of the press and audience
ABSENT: Director Martin
CALL TO ORDER
Mayor Noland called the meeting to order at 7:30 P.M. and asked for
a moment of respectful silence. Six directors were present.
TOWNSHIP ROAD
Mayor Noland introduced consideration of which streets should intersect
with the extension of Township Road, from Old Wire Road to Highway
265 North. The Mayor commented that the Board of Directors would
try to come up with a solution which would be in the best interest
of the majority of citizens, not just those most affected. The Mayor
explained that the Board would consider the safety aspect (the ability
of police, fire and sanitation vehicles to travel through that area),
and the ability of residents to travel to and from their homes with
a minimum of impediments. Noland added that there are very few north/south
streets and very few streets which go across town in Fayetteville.
Noland explained that it was in the early 1970's that the City Board
decided it would be necessary to extend Township Road.
Jean Hill addressed the Board, speaking for residents of the Winwood
Drive area. Hill submitted a petition to the Board (containing 228
signatures) to authorize and direct the connection of Winwood Drive
to the proposed Township extension. Hill also submitted a letter
from Winwood Baptist Church expressing opposition to the Planning
Commission's recommendation that Winwood Avenue be made a dead-end
street and not intersect with Township. Hill commented that the area
residents she represents wish to have a direct route to Township without
having to detour through the Sweetser Subdivision. Hill also expressed
concern that the Primrose intersection would be congested unless there
are more streets which will intersect Township and share the traffic
equally. Hill commented that, if you weigh the protection of the
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140.1 block from possible through traffic against the daily inconvenience
to area residents, the proposal to barricade the last block of the
street is not justified.
140.2 Mrs. John Carson, resident at 2390 Winwood, commented that Winwood
narrows down to less than 21 feet wide and it is impossible for there
to be through traffic and parked cars at the same time.
140.3 John Gentry, resident at 2381 Winwood, spoke in favor of keeping Winwood
as a cul-de-sac. Gentry quoted from Board Minutes dated July 3, 1979:
"...Director Todd then moved that the Planning Commission recommen-
dation be adopted that when Township Road is constructed, both
Winwood and Yorkwood be retained as cul-de-sac streets and neither
street intersect with Township Road. Director Noland seconded
this motion. The recorded vote was (unanimous]..."
140.4 Gentry commented that this action played a major role in his decision
to purchase a residence on Winwood. Gentry requested the Board honor
its previous commitment and uphold the recommendation of the Planning
Commission of May 13, 1985 and the recommendation of the staff of
May 15, 1985 (to maintain Winwood as a cul-de-sac). Gentry commented
that it is one of the strong points of the community that there are
a number of cul-de-sacs. Gentry added that the children living in
Winwood are not accustomed to the heavy traffic which will begin to
travel along Winwood if it intersects with Township.
140.5 Mayor Noland explained that a few years ago residents of the Overcrest
area asked the Board to do something about traffic on Overcrest, and
requested it be closed at one end. Noland stated that, at that time,
the Board decided not to close Overcrest but thought that the future
extension of Township would help alleviate some of their traffic problems.
140.6 Jim Hall, resident on Overcrest, commented that it would be an injustice
to the majority of the residents in the area, and nearsighted on the
part of the City, not to have as many accesses as possible off Township.
140.7 Ed Fryar, resident at 1909 Overcrest, stated that Overcrest is currently
the only through street in the area. Fryar distributed a map to the
Directors which showed a detail of the proposed route for the extension
of Township. Fryar stated he thought Yorkwood and Winwood already
are designed to intersect Township. Fryar asked if the Board would
give special treatment to one or two streets or if they would continue
to treat all streets the same. Fryar asked the Board to continue
a policy of fairness. In answer to a question from the Mayor, Fryar
stated his request was that all streets, with the exception of those
which have obvious cul-de-sacs, intersect with Township.
140.8 Carter Price, resident on Yorkwood, stated that, even though he would
prefer to have the streets blocked off, he thought it was a reasonable
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May 21, 1985
suggestion on the part of the City staff to have Winwood and Yorkwood
physically connected to Township, but that barricades be constructed
which will keep through -traffic from using the streets. Price commented
that he wants the city to have planned growth without there being
a real danger to the citizens.
Director Orton, seconded by Lancaster, made a motion to accept staff
recommendations 1, 3, 4, 5 and 6:
1. That Primrose and Azalea Terrace should be connected to
Township now, with Hampton Court -which does not now exist—being
connected when it is developed;
3. When Township Road is constructed, Bois D'Arc should be
opened up to Twelve Oaks Drive;
4. Township Road should be constructed as a 31' -wide, two-lane
road with no parking allowed;
5. There should be sone future connection between the portion
of Susan Drive which is west of Winwood, the portion of
Susan Drive which is north of Overcrest, and the south end
of Creekwood Drive;
There should be some future connection, when the property
is developed, between Country Way, Old Wire Road (either
at Stanton or in the area of Old Missouri Road), and Township.
That, in place of staff recommendation No. 2, the following streets
be opened up to intersect with Township:
Terry Drive
Creekwood Drive
Yorkwood Drive
Winwood Drive
Primrose Lane
Azalea Terrace
Hampton Court
Orton explained that she felt it was the fairest thing to do to make
as many accesses as possible along Township, in order to distribute
the traffic, rather than choosing certain streets which would get
all the traffic.
Jack Hill, resident on Terry Drive, commented that because Terry Drive
is located so close to both Old Wire Road and Township, he felt there
would be no reason to open Terry Drive onto Township. Hill stated
everyone on Terry signed a petition to not open the streetbecause
of small children. Hill also expressed concern that people will choose
to use Terry as a shortcut between Township and Old Wire Road. Mayor
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Noland pointed out that the street was designed with a flair at the
end because it was intended to intersect Township.
Director Johnson pointed out that recommendation No. 5 (that there
be a future connection between Susan Drive - north of Overcrest -
and Creekwood will help the north/south traffic flow. Johnson commented
that every street ought to share part of the traffic load.
Mary Bassett, resident of 2388 Yorkwood, stated the residents of Yorkwood
request the Board to consider its vote in 1979 to keep Yorkwood closed
when Township is extended, and to adopt the recommendation made by
the Planning Commission on May 13 to at least barricade Yorkwood.
Bassett stated she was opposed to the dedication of five feet of right-
-of-way, as suggested by Mel Milholland for the extension of Township,
because "it would put a non -conforming use on my property". Regarding
the recommendation that Township have sixty feet of right-of-way,
Bassett stated she thought 50 feet of right-of-way was sufficient.
Director Bumpass commented that, although it may seem painful at this
time, Director Orton's proposal is the only thing that seems fair
to everyone concerned.
Carter Price asked why the Board would vote for a proposal which goes
against the staff recommendation. Mayor Noland explained that there
was a split vote between the departments regarding whether or not
to recommend the opening of Yorkwood and Winwood.
Director Hess suggested an amendment to the motion that sone future
consideration be given to connecting Old Missouri Road with Township
at some point between Winwood and Old Wire Road, and connecting Country
Way at Old Wire Road, somewhere around Stanton. Directors Orton and
Lancaster agreed to the amendment. Director Orton noted that this
amendment would be referred to the Planning Commission to become part
of the Master Street Plan.
Director Orton remarked that she would be in favor of the idea that
trucks not be allowed on Township. Orton added that the Board usually
has said that trucks should travel only on numbered highways, except
fur those making deliveries.
Charles Clinehens, resident on Creekwood, commented that connecting
Creekwood to Township would take part of the residents' property and
cause it to lessen in value. Mayor Noland explained that connecting
Creekwood to Township relates to the future plan for extending Susan
Drive and connecting it to Creekwood, which will help to further disperse
the traffic.
Upon roll call, the motion, as amended, passed, 6-0, with Director
Martin absent.
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May 21, 1985
Director Johnson asked that the Planning Commission be aware of the
many cul-de-sacs being built in developments, and to recommend the
connection of some of the cul-de-sacs to streets at the time of develop-
ment, to maintain a better traffic flow.
Director Bumpass noted there is a high density of living units along
East Oaks Drive, including Golden Oaks, and he suggested the possibility
of an additional access point south from East Oaks Drive. Director
Orton suggested that point could be located across from Hampton Court.
•
DICKSON STREET CLOSING
Mayor Noland introduced a request by Castle Construction Company and
the University of Arkansas that Dickson Street be temporarily closed,
between Duncan and Buchanan for approximately two months, so that
work relating to the new Engineering Center can be performed.
Winfred Thompson, Vice Chancellor for Finance and Administration at
the University, commented that the University reluctantly supports
the request but sees no alternative. Director Orton pointed out that
some parking would have to be eliminated on Buchanan in order for
traffic to turn, and that the west end of Williams is so narrow that
two cars will not be able to pass one another. Winfred admitted that
the parking situation on Buchanan would have to be changed and he
added that the University would work with the City to accommodate
the flow of traffic.
Director Lancaster, seconded by Hess, made a motion to approve the
request and to designate two months as the maximum time limit that
the street may be closed.
Joe Springfield, representing Castle Construction Company, explained
that two months is being requested in light of weather conditions,
to begin on May 27th. In answer to questions from the Directors,
Springfield explained that the company would be responsible for barricading
the street and for signs. In answer to Director Bumpass, Springfield
stated the company was fully bonded and insured. City Attorney McCord
suggested the contractor file a Certificate of Insurance with the
City Clerk to evidence the coverage. In answer to City Manager Grimes,
Springfield explained that there would be a fence installed around
the barricaded area.
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Upon roll call, the motion passed, 6-0. 143.7
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REZONING APPEAL/FIRST NATIONAL BANK OF TAHLEQUAH
144.1 The Mayor introduced an appeal of a decision by the Planning Commission
regarding the denial of rezoning petition R85-10, for 0.57 acres located
at the northeast corner of East Huntsville Road and Sherman. The
Mayor noted that the Planning Commission denied the request for rezoning
from R-1, Low Density Residential, to C-2, Thoroughfare Commercial,
by a vote of 8-0. The Mayor explained that the petitioner had contacted
h im and now requests the Planning Commission consider rezoning to
R-0, Residential Office.
144.2 Director Lancaster, seconded by Orton, made a motion to uphold the
decision of the Planning Commission to deny rezoning to C-2.
144.3 The City Attorney explained that, under the ordinance, the petitioner
may re -petition for R-0 zoning by following the public notice and
public hearing procedures. McCord stated that, in his opinion, the
petitioner does not have to wait one year because the request is for
a different classification.
144.4 B. W. Dykes, speaking for the Bank, explained that in reviewing the
results of a survey and appraisal of the property, they feel if the
property were to be rezoned to R-0, the building would lend itself
to professional office use which they feel would be an asset to the
area. Dykes requested an opportunity to present their case one more
time to the Planning Commission. Dykes commented that the petitioner
does not now wish to appeal the decision of the Planning Commission
to deny C-2 zoning and wishes to withdraw the appeal. The City Attorney
explained it would not be necessary to vote on the motion to uphold
the decision of the Planning Commission.
144.5 At Director Lancaster's request, the roll was called and the motion
failed to pass by a vote of 3-3. Directors Lancaster, Orton and Hess
voted for the motion and Directors Noland, Bumpass and Johnson voted
against the motion.
ADVERTISING & PROMOTION PERSONNEL
144.6 Mayor Noland introduced a recommendation from the city's Advertising
and Promotion Commission that the city use a portion of the hotel/mo-
t el/restaurant tax proceeds to hire a full-time person to generate
business for the Continuing Education Center. The Mayor explained
that the Commission is recommending that a full-time person --housed
in, and under the direction of, the Chamber of Commerce --be employed;
and that approximately $45,000 IN H/M/R tax proceeds per year be matched
with another $25,000 from private sources to pay for travel, office
e xpenses and salaries. The Mayor pointed out that this allocation
would not draw from previously deposited funds for the Arts Center.
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May 21, 1985
Director Orton remarked that, according to a Board resolution concerning
the H/M/R tax, all surplus funds beyond paying for the Continuing
Education Center are to go toward the Arts Center, with a "modest
amount" to go toward advertising and promotion. Orton commented that
this year $62,720 is to go towards advertising and promotion and that
the request before the Board would be in addition to that amount.
Orton stated this allocation was "hardly a modest amount" and would
be taking from funds which could be going to the Arts Center.
Director Johnson commented that she hated having to choose between
something for the people of Fayetteville and something to bring people
to Fayetteville. Johnson remarked that the request from the Chamber
for the Convention/Visitors Bureau contained a lot of unanswered questions
and she asked for more information before acting on the request.
Johnson suggested the request be referred to the Finance Committee
because "this is a considerable expenditure".
Garland Melton, speaking for the Advertising and Promotion Commission,
commented that a $40,000 allocation would amount to 20% of what Eureka
Springs spends annually for advertising and promotion; and that $100,000
would be 5% of what Little Rock spends. Melton explained that major
hospitality units in the city (who routinely pay a 10% "brokerage
fee" to a tour broker) were approached by the Commission and have
agreed to voluntarily contribute 10% of room rates booked for group
business, to go toward a Convention/Visitors Bureau operation.
Melton stated that a minimum of $30,000 has been guaranteed by the
University of Arkansas and a trustee of the University for the proposed
program; and that $10,000 (of the Chamber of Commerce's $12,000 management
contract) will be reallocated toward the program.
Melton explained that if the initial goal of 350 users (of the CEC)
per day is achieved, or 105,000 rooms per year, the brokerage income
could be $441,000. Melton predicted that, after the second year,
the hospitality industry would be "paying this whole bill". Melton
commented that the way to generate money for fine arts would be to
support this endeavor which he stated would not only benefit the University
and the City of Fayetteville, but every business in Fayetteville.
Director Orton stated that the Board has never heard a report on the
effectiveness of the $12,000 which was allocated to the Chamber of
Commerce to promote Fayetteville. Orton stated she thought the CEC
also had staff who were to promote the use of the CEC and she asked
if the Board should look more into the effectiveness of present promotion
efforts.
Dale Christy, speaking for the Fayetteville Chamber of Commerce, explained
that they are in the first year of a management contract for which
$12,000 was allocated -- that the intent of the contract was for the
Chamber to work with the Advertising and Promotion Commission to help
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May 21, 1985
146.1 monitor the advertising program and to build up the Chamber's staff
to better handle visitors to the community. Christy remarked that
progress in this area has been reported to the Advertising and Promotion
Commission at their meetings.
146.2 Christy explained that the Chamber was asked to implement the Con-
vention/Visitors program as a way to generate funds. Christy commented
that the Chamber's initial response to the hospitality industry was
that front-end money would be necessary to get the program going and
that $70,000 to $80,000 per year would be necessary to fully fund
the program with staff for the first two years. Christy stated that
if front-end commitments are made, the Chamber is willing to enter
into management agreements with the entities involved.
146.3 Director Orton asked if the Chamber had considered reallocating the
$62,000 (already budgeted from the city) into the proposed project.
Christy explained that $50,000 of the $62,000 is committed to specific
advertising programs. Christy commented that, without the advertising
program, the sales program will be useless.
146.4 Dr. Thompson, speaking for the University of Arkansas, commented that
the University is willing to support the effort because they recognize
the importance of attracting people to Fayetteville. Thompson pointed
out that last year the University showed about a 1/2 million dollar
operating deficit in all Continuing Education Center operations, although
not all of that relates to attracting people to Fayetteville. Mayor
Noland pointed out that the University is not in a position to solicit
convention business for the CEC other than that of an educational
nature.
146.5 Frank Sharp, Chairman of the Arts Center Board, stated that funding
for the Arts Center was based on the Board's resolution passed in
1977 [referred to earlier by Director Orton]. Sharp pointed out that,
if the Board changes its position from 1977, it will totally change
the funding for the Arts Center.
146.6 Stephen Adams, Arts Center Board member, commented that the Arts Center
Board seriously believed that excess H/M/R tax revenues could be made
available to assist in funding construction of the Arts Center. Adams
stated that, if $40,000 is taken out of moneys that could be available
for the Arts Center, it will either limit the Arts Center to something
undesirable or unworkable, or another way of funding the Arts Center
will have to be found.
146.7 Director Orton stated she understood that about 1/2 of excess H/M/R
proceeds are now being used to pay for the parking garage. Director
Bumpass stated he thought H/M/R revenues were running higher than
expected. Bumpass commented that the proposed program may be what
it takes to get additional tourism into the CEC. Bumpass suggested
a special Finance Committee meeting be held at which all Board members
May 21, 1985
can be present, along with the Tourism Commission and any Arts Center
Board members. Director Johnson stated she thought the proper place
for considering funding of a new program should be a Finance Committee
meeting.
Director Bumpass, seconded by Johnson, suggested the issue be referred
to the Finance Committee, and that the Advertising and Promotion Commission
and Arts Center Board be notified of the time and date of the meeting.
A citizen in the audience remarked that when he voted for the H/M/R
tax he did so because he thought it would be positive for Fayetteville
to have a performing arts center and that. surplus funds beyond what
was needed for the CEC would be used for a performing arts center.
The citizen expressed concern that the surplus funds could fall into
the category of something that would attract other entities to request
those funds.
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Upon roll call, the motion passed, 6-0. 147.4
THERE WAS A BRIEF RECESS AND THE MEETING RE -CONVENED AT 9:35 P.M.
DISPATCHER STAFFING
Mayor Noland introduced a request by the City Manager for authorization
to add six additional persons to the 1985 Police Department personnel
budget, for use as police/fire dispatchers when the new radio communi-
cations system is installed.
Director Johnson commented that performance auditors were asked to
investigate the communications system in relation to police and fire.
Director Johnson, seconded by Hess, made a motion to table the request
until after a recommendation has been received from the performance
auditors.
Mayor Noland asked when some feedback might be received from performance
auditors on their study of this issue. City Manager Grimes responded
that no firm date has been set but that a recommendation should be
received soon.
Director. Johnson pointed out that three Fire Department employees
presently serving as dispatchers will be relieved of their dispatching
duties when the central dispatching system is put into operation.
City Manager Grimes asked if the Board wished to postpone filling
vacancies within the Fire Department in light of that fact.
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May 21, 1985
148.1 Director Johnson amended her notion to state that the Board wishes
to postpone filling vacancies within the Fire Department. Upon roll
call, the notion passed, 6-0.
ACT 9 BONDS/COCA-COLA/7-UP BOTTLING PLANT
148.2 Mayor Noland introduced a resolution authorizing a Memorandum of Intent
regarding the issuance of $6,850,000 in Act 9 Industrial Development
Revenue Bonds for financing the cost of expanding and equipping the
Fayetteville Coca-Cola/7-Up Bottling Plant. City Attorney McCord
noted that it should be clarified that, if the proposal is accepted,
the project will be owned by the company and there will be a loan
agreement, rather than a lease agreement.
148.3 Mayor Noland explained that the Directors, in 1981, passed a policy
statement regarding the approval of bond issues, indicating that the
Board would consider the following factors:
148.4 Whether the proposed project will produce additional employment
opportunities for residents of the city (Noland remarked that
about 98 new jobs are proposed to be created because of the project);
148.5 Whether the company demonstrates in writing such financial and
organizational capability that there is no risk of default on
the bonds;
148.6
Whether the proposed project will secure and develop "industry"
rather than commercial development. The term industry shall
include, but is not limited to, manufacturing facilities, warehouses,
distribution facilities, repair and maintenance facilities, agri-
cultural facilities and corporate and management offices for
industry;
148.7 Whether the proposed project will provide economic stimulation
for the economy of the area; and
148.8
Whether all or a substantial portion of the end product or service
produced locally is either consumed elsewhere or consumed locally
by visitors drawn by the activity, rather than the end product
or service being marketed solely to retail customers in the area.
148.9 Mayor Noland stated that this request had been referred to the Chamber
of Commerce Committee, was reviewed and has been endorsed by them.
Noland pointed out that none of the funds would be used to expand
a beer distributorship.
148.10 Rick Ebersole, speaking for Fayetteville Associates #1, stated he
thought their project met all five criteria almost to the letter.
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May 21, 1985
In answer to a question from Director Orton, Ebersole explained that
aluminum is used in the manufacturing of cans, although there is interest
in the possible development of a plastic container in the future.
Ebersole stated that in the past the company provided a recycling
service but it was discontinued at the request of the community because
of the existence of a community recycling service which benefits a
handicapped organization.
Ebersole explained that the local bottling plant has been acquired
and that the expansion project would take place at the existing site
of the beverage operations at Township and Gregg.
Director Hess asked what sort of environmental protections would be
implemented in conjunction with the project. Ebersole commented that
the manufacturing process, in regards to pollutants discharged into
the environment from the plant, is quite clean.
Director Bumpass stated he attended the Industrial Committee meeting
where the proposal was reviewed and that the proposal was unanimously
approved. Director Bumpass, seconded by Hess, made a motion to approve
the resolution to adopt a Memorandum of Intent.
City Attorney McCord, in answer to a question from Lancaster, explained
that, under existing law, the project would not be tax-exempt but
that, should the project be declared tax-exempt, there would be a
payment in lieu of taxes.
Upon roll call, the motion passed, 6-0.
RESOLUTION NO. 46-85 APPEARS ON PAGE
BOOK xxll
ALLEY CLOSING
57
OF ORDINANCE & RESOLUTION
The Mayor introduced an ordinance closing and vacating the east half
of a platted but unopened north/south alley running north from Treadwell,
west of Duncan Avenue, ten feet wide and 240 feet in length. The
Mayor pointed out that a utility easement is retained in the ordinance
The City Attorney 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.
Director Orton noted that signatures from adjacent property owners
were not provided with this request. The City Attorney explained
that the petitioner is the sole adjacent property owner. It was clarified
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150.1 that the Fayetteville Public School District is the property owner
adjacent to the west half of the alley which is not included in the
ordinance.
150.2 Upon roll call, the motion passed, 6-0. 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, 6-0.
The City Attorney read the ordinance for the third time. Upon roll
call, the ordinance passed, 6-0.
ORDINANCE NO. 3090 APPEARS ON PAGE
BOOK On
STREET COMMITTEE REPORT
2
OF ORDINANCE AND RESOLUTION
150.3 Mayor Noland introduced a report from the Board Street Committee's
meeting of May 14.
WAIVER REQUEST/S. COLLEGE AVENUE
150.4 Director Orton, Chairman of the Street Committee, reported that the
committee recommended approval of a waiver of the requirements of
the Master Sidewalk Plan, as they pertain to the location of a mobile
home on property at 1500 South College.
SOUTH WASHINGTON AVENUE SIDEWALK
150.5 Orton reported that the committee recommended approval of the installation
of a sidewalk along the west side of South Washington Avenue, from
7th to 15th Streets (to begin next to Jefferson School) with $20,000
remaining in the sidewalk fund this year, and that the sidewalk be
completed in 1986 with 1986 funds.
BILL OF ASSURANCE/MORNINGSIDE DRIVE
150.6 Orton reported the committee recommended granting a request for approval
of a Bill of Assurance for the installation of a sidewalk in the area
of 1531 Morningside Drive, at the call of the City, including drainage
and any required street improvements.
BILL OF ASSURANCE/ROCHIER STREET
150.7 Orton reported the committee recommended approval of a Bill of Assurance
for the installation of a sidewalk in the area of 1030 Rochier Street,
at the call of the City, but because there is a ravine at both ends
of the proposed sidewalk, there is a likelihood that the sidewalk
might never be built.
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WAIVER REQUEST/WEST SIXTH STREET
Regarding a request for a temporary waiver of the requirements for
curb, gutter and sidewalk improvements to be installed at 302 West
Sixth Street, Orton reported the committee recommended granting a
waiver for this project only -- not to apply to any future development
-- and with the provision that at this time the property owner dedicate
twenty feet of additional right—of-way on Sixth Street.
Director Johnson, seconded by Hess, made a motion to approve the recom-
mendations of the Street Committee. Upon roll call, the motion passed,
6-0.
•
NOMINATING COMMITTEE REPORT
Director Johnson reported that the Nominating Committee recommends
the appointment of Frank Burggraf to fill the unexpired term of Barbara
Crook on the Planning Commission. Director Johnson, seconded by Orton,
made a motion to approve the recommendation of the Nominating Committee.
Upon roll call, the motion passed, 6-0.
SLUDGE LANDFILL CONTRACT
Mayor Noland introduced a report from .the Board Water. and Sewer Committee
regarding a resolution authorizing the Mayor and City Clerk to execute
a contract for the landfilling of the city's sewer treatment plant
sludge. The Mayor reported that proposals were submitted from three
firms, a staff committee reviewed the proposals and recommended to
the Water and Sewer Committee and the City Board that the job be awarded
to Sunray Sanitation.
The Mayor introduced Ben Bynum, General Manager of Coma, Inc., who
requested an opportunity to address the Board regarding Coma's proposal.
Bynum explained that when his company was given the opportunity to
submit a proposal they did so with the understanding that the desired
end result was the elimination of the sludge problem. Bynum stated
he discovered that the EPA and the Department of Pollution Control
and Ecology require that the consistency of sludge to be deposited
into a landfill be greater than 30% solids -- but that the city asked
for cost proposals for a range of percentages of solids which did
not meet the minimum requirements. Hynum added that he had been informed
by Ansel Jones of the EPA that later this month legislation would
be forthcoming which would make the requirements for disposing of
municipal sewer sludge even more stringent.
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May 21, 1985
152.1 Hynum explained that his company proposes to compost the sludge with
the end result being a pathogen -free, completely sterile compost which
would meet all EPA and DPCE regulations. Hynum added that the proposal
included accepting the responsibility of disposing of the compost.
152.2 Vernon Rowe of McClelland Engineering, who served on the selection
committee, stated that he checked on the appropriateness of disposing
of 16% solids vacuum filter sludge and 25% or greater solids filter
press sludge and the State approved disposing of either of those materials
in a landfill, as long as the landfill operator properly handled the
sludge when it got to the site -- meaning that the operator must have
a means whereby sludge can be mixed with other solid waste in order
to end up with a compactable material.
152.3 Hynum stated that according to the Arkansas Waste Management Code,
" ..solidified sludge may be disposed of by landfilling when meeting
the consistency necessary to support compaction and cover material.
This consistency normally requires greater than 30% solids..." Hynum
commented that if the city decides to landfill its sludge there is
a potential problem some years in the future with groundwater or with
sludge coming back to the surface. Hynum added that his company's
cost estimate can be decreased by $30,000 because there is a 30% savings
in lime.
152.4 The City Attorney pointed out that the Request For Proposals was for
a landfill, not composting; and that a proposal cannot be amended
after submittal. The City Attorney asked Rowe if the Request For
Proposals accurately reflected the EPA regulations, as far as acceptable
sludge content. Rowe responded that the intent of the regulations
is that sludge which is 30% or greater solids can be compacted without
mixing it with any garbage -- contrary to that, sludge of a higher
moisture content, when properly mixed with garbage, can be made com-
pactable. Hynum commented that the RFP did not stipulate any pretreatment
of sludge prior to landfilling.
152.5 City Engineer Don Bunn reported that one of the reasons the Water
and Sewer Committee made no recommendation regarding the proposals
was that Sunray Sanitation will be issued an Administrative Order
by the DPCE within the next 20 days concerning Area 3 of their landfill.
Bunn stated the DPCE will not give the city any information regarding
this order but the Associate Director of DPCE has indicated that it
should have no relevance to the city's decision to award a contract,
because Area 3 is permitted separately from the area where Fayetteville's
sludge would be disposed. Bunn clarified that the RFP's were drawn
up containing the correct percentages of 16% and 25% solids.
152.6 Director Hess questioned Bunn regarding the basis for the selection
committee's decision to recommend the selection of Sunray Sanitation
whose proposal was $30,000 higher than the low bidder, Northwest Arkansas
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May 21, 1985
Waste Management. Bunn explained that the committee felt Sunray's
experience outweighed the price difference.
Director Lancaster remarked that he could not justify an expenditure
of an additional $30,000 for Sunray to provide the same service as
the low bidder. Director Lancaster, seconded by Hess, made a motion
to accept the low bid.
Director Bumpass asked about those items included in Sunray's proposal
which were not included in the low bid proposal, such as five trucks
and a completely enclosed and leak -proof D.O.T.-approved sludge container.
Rowe explained that the selection. committee in its process looked
at overall experience, which they felt was clearly in Sunray's advantage
over other operators; they looked at the approach for transporting
the sludge to the landfill, and felt that Sunray had better equipment;
they looked at the facilities, and felt that the landfills were approxi-
mately the same; and they looked at the costs, and felt that the other
factors outweighed the costs.
Director Lancaster commented that, if the low bidder was not qualified,
the city should not have considered their bid.
Jack Butt, Attorney representing Sunray, urged the Board to heed the
recommendation of the selection committee in light of Sunray's experience
and their approved sludge container.
Director Johnson questioned why, if the city was looking for an approved
sludge container, it was not included in the RFP. Rowe explained
that the RFP asked each supplier to tell the committee what their
capabilities were to handle the sludge. Rowe added that he told the
Water and Sewer Committee that, if a company is in the sludge hauling
business, it is supposed to know it needs a certain kind of truck.
Rowe remarked that, although both Sunray and Northwest have a permit
to dispose of sludge, that permit does not necessarily cover the hauling
aspect, which the committee felt was a major factor. Richard Adams,
President of Sunray, explained that there are certain highway regulations
governing trucks and the type of material being hauled. Director.
Hess commented that obviously both landfill operators would have to
abide by the highway regulations.
An attorney representing Northwest Arkansas Waste Management addressed
the Board, stating that the issue of a D.O.T.-approved container should
not be a point of concern. He pointed out that Northwest is not subject
to any administrative orders and is in good standing with the DPCE.
He explained that Northwest did not propose five trucks because that
many trucks are not needed for three loads per day.
Upon roll call, the motion to award the contract to Northwest Arkansas
Waste Management was passed, 4-2, with Directors Bumpass, Johnson,
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May 21, 1985
Lancaster and Hess voting in favor of the motion and Directors Noland
and Orton voting in the minority.
RESOLUTION NO. 47-85 APPEARS ON PAGE 63 OF ORDINANCE & RESOLUTION
BOOK XX7i
SEWERLINE WAIVER
154.2 The Mayor reported that the Water and Sewer Committee recommended
granting the request of a property owner to be allowed to tie two
separate buildings onto one private sewer line, in the area of California
and Virginia Drives. The City Engineer explained that the only con-
struction of a new sewer line would be from a duplex to the existing
private line. The Mayor added that the committee also recommended
that some indication be made on the deed to show that the owners would
be solely responsible for the maintenance of the private line. The
City Attorney explained that his office could prepare a Notice of
Private Maintenance with an Acknowledgement, to be recorded with the
Circuit Clerk, to indicate the owners' responsibility for the maintenance
of the line.
154.3
Director Johnson, seconded by Bumpass, made a motion to approve the
recommendation of the Water and Sewer Committee. Upon roll call,
the motion passed, 6-0.
FAIR LABOR STANDARDS EXEMPTION
154.4 The Mayor introduced a resolution urging Congress to adopt a bill
exempting state and local employees from the Fair Labor Standards
Act.
154.5 The City Attorney explained that, until recently, local government
employees have been exempt from the Wage and Hour requirements of
the Fair Labor Standards Act. McCord noted a recent U.S. Supreme
Court decision ruled that such employees are now subject to those
provisions -- meaning that cities would be required to pay time -and -
a -half to any employee working in excess of forty hours per week.
McCord pointed out those most often employed in excess of those hours
are fire and police employees. McCord noted that many cities are
moving to enact legislation which would reverse the effect of that
decision because of the tremendous financial impact on municipalities.
McCord stated that the resolution recommended by NIMLO (the National
Institute of Municipal Law Officers) urges congress to adopt such
legislation to exempt local employees from the Act.
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May 21, 1985,.
Director Bumpass, seconded by Johnson; made a motion to pass the reso-
lution. Upon loll call, the motion passed, 6-0.
RESOLUTION NO. 48-85 APPEARS ON PAGE
BOOK XXII
WORKERS' COMP MEMBERSHIP
611
OF ORDINANCE AND RESOLUTION
The Mayor introduced a resolution authorizing the Mayor and City Clerk
to execute an application for membership in the Arkansas Municipal
League's self-funded "Workers' Compensation Program", in compliance
with Act 866 of 1985.
Director Johnson explained that the Municipal League is setting up
and administering a self-funded program for cities wishing to participate.
Johnson expressed hope that such a program might help cut down on
the amount of frivolous claims being paid. Johnson noted that, with
the League's costs being about $183,000 and Arkansas turnback being
about $119,000, about $64,000 would need to be budgeted to cover the
remaining cost. Johnson pointed out however that the League anticipates
going to the Workers' Compensation Commission for a discount; and
if the city has a good claims rating, there will be a rebate at the
end of the year and a low rate the following -year.
Director Johnson, seconded by Orton, made a motion to authorize application
for membership in the Municipal League's self-funded WorkersCompensation
Program.
Director Johnson suggested the city should consider adopting a safety
program to keep its low rates.
Upon roll call, the motion passed, 6-0.
RESOLUTION NO. 49-85 APPEARS ON PAGE 78 OF ORDINANCE & RESOLUTION
BOOK XXTT
BID WAIVER/MAPLE STREET OVERLAY
The Mayor explained that, although the concrete overlay for Maple
Street was approved at the May 7th Board meeting, an ordinance was
not passed formally waiving the competitive bidding requirements.
The City Attorney 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, 6-0. The City Attorney read the ordinance for the second
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May 21, 1985
156.1 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, 6-0. The ordinance was read for
the third time. Upon roll call, the ordinance passed, 6-0.
ORDINANCE NO. 3091 APPEARS ON PAGE
BOOK X0(jl
WADING POOL CONTRACT
LI
OF ORDINANCE & RESOLUTION
156.2 The Mayor introduced a resolution authorizing the City Manager to
accept a proposal by Lindsey-Kisor Pools for the construction of a
second wading pool in Wilson Park. The City Manager explained that
although formal, written, competitive bids were solicited for this
project, no such bids were received and the staff recommends negotiating
a contract with Lindsey-Kisor Pools, in the amount of $21,000.
156.3 Director Surpass, seconded by Orton, wade a notion to approve the
contract. Upon roll call, the notion passed, 6-0.
RESOLUTION NO. 50-85 APPEARS ON PAGE 79 OF ORDINANCE AND RESOLUTION
BOOK xxii
OTHER BUSINESS
SEWER REQUEST/HIGHWAY 45 EAST
156.4 Mayor Noland reported that the Water and Sewer Committee met and agreed
to grant a request from J. B. Hays to connect 40 acres to the city
sewer system with the condition that the property be annexed into
the City of Fayetteville. Noland, seconded by Orton, made a notion
to approve the recommendation of the Water and Sewer Committee. Upon
roll call, the motion passed, 6-0.
PETITION TO RE -SURFACE S. LOCUST & E. 9TH STREET
156.5 Mayor Noland asked the Directors if a response was necessary regarding
the petition to resurface South Locust (from 7th to 9th) and Ninth
Street (from S. Locust to School). The Mayor pointed out that the
Community Development Director. and Engineer Mel Milholland agree that
in order to accomplish this project, major drainage work would have
to be undertaken and there might be danger of flooding in the yards
of the property owners.
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May 21, 1985
Director Orton commented that the Street Committee might look further
at the situation. The Directors were in agreement to refer this matter
to the Street Committee for further consideration.
FISHER BUICK LITIGATION
City Attorney McCord reported that the Supreme Court reaffirmed the
decision in the Fisher Buick case; that as soon as the rehearing period
has expired, very short notice will be given to remove the signs.
DOWERS LITIGATION
McCord reported that it is anticipated that the shop building on the
Dowers property would be removed within the time period set by the
court.
BUDGET ADJUSTMENT/LANDFILL CONTRACT
Mayor Noland introduced consideration of a budget adjustment regarding
the landfill contract just approved. Director Johnson pointed out
that no funds have been appropriated in the budget for landfilling
of sludge.
The City Attorney advised that a resolution would be in order should
the Board decide to approve a budget adjustment. City Manager,Grimes
noted that there should be some offsetting of costs when the city
ceases its existing sludge -burying operations
Director Orton, seconded by Bumpass, made a motion to approve the
budget adjustment. Upon roll call, the motion passed, 6-0.
RESOLUTION NO. 51-85 APPEARS ON PAGE
BOOK xxii
81
OF ORDINANCE & RESOLUTION
RESOURCE RECOVERY AUTHORITY CONTRACT
Director Orton reported that the Resource Recovery Authority has ceased
its negotiations with Brown and Root for the construction of the Resource
Recovery facility and has begun negotiations with Volund, whose technology
is practically identical and who is willing to sign the contract as
it is now. Orton reported this firm will meet with the Authority
on Thursday, May 23 at 1:30 P.M. and that another meeting is scheduled
for June 6 at 4:00 P.M. to answer questions on financing and tipping
fees.
PLUMBING INSPECTIONS FOR U.OF A
Director Hess suggested that, since a budget adjustment may be required
for the Inspection Department to begin conducting plumbing inspections
at the University of Arkansas, this issue should be referred to the
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May 21, 1985
158.1 Finance Committee for consideration. Hess suggested that item be
taken up by the committee when it meets to consider the Advertising
and Promotion employee. Director Johnson asked that more information
be provided regarding the proposed change in status of the part-time
sidewalk inspector.
OUTSIDE -CITY FIRE PROTECTION
158.2 Director Bumpass asked the City Attorney to prepare a memo for the
Board regarding the city's status in relation to recent statements
by the Attorney General, and in relation to Section 9-6 of the City
Code, which states that "...The Fayetteville Fire Department shall
not provide fire protection services beyond the corporate limits and
shall not combat any fire located outside the corporate limits except
pursuant to...a mutual aid agreement, or other written contract, approved
by the Fayetteville Board of Directors, with another municipal cor-
poration..."
158.3 Bumpass asked that the City Manager talk with Fire Chief Paul Logue
regarding inspection of the current status of Goshen's and Wedington
Wood's fire equipment and regarding a recommendation as to whether
the city could enter into a mutually beneficial aid arrangement; and
whether the city has a mutual aid agreement with either Goshen or
Wedington Woods' fire departments, with the consideration that the
City of Fayetteville not jeopardize its fire rating.
158.4 City Attorney McCord commented that he wished to defer making a formal
opinion regarding this request until he receives a copy of the Attorney
General's written memorandum. McCord noted that, in informal discussion
with representatives of the Attorney General's Office, he was led
to believe the comments did not apply to municipal fire departments,
only volunteer fire departments.
REPLACEMENT OF POLICE DOG
158.5 Director Bumpass reported that "Moses", one of the city's police dogs,
had died. Bumpass noted that money is available in the budget for
a new dog and he remarked that he would be in favor of replacing the
dog as soon as possible. Bumpass commented that he was thoroughly
convinced that the canine corps is a good addition to the Police Depart-
ment.
MUNICIPAL LEAGUE MEETING
158.6 Director Johnson reported that the Arkansas Municipal League will
hold its annual meeting from June 30th through July 2nd and she asked
if the Board wished to change its regular scheduled July 2nd meeting
to the second week in July. It was decided, based on information
from the staff that the tentative agenda for that meeting would be
very light, to cancel the Board meeting for July 2nd.
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May 21, 1985
ARKANSAS -OKLAHOMA ARKANSAS RIVER COMPACT COMMISSION
McCord reported that the Arkansas -Oklahoma Arkansas River Compact
Commission will hold a hearing on June 3rd at the Ramada Inn in Fayette-
ville at the request of the Oklahoma Attorney General, regarding the
proposal of the City of Fayetteville to discharge treated effluent
into the Illinois River Basin.
TRAFFIC ON MARKHAM AND CROSS
Director Orton commented that, because of the closing of Razorback
Road, there has been a great amount of traffic on Markham Street and
Cross Avenue, causing the dust factor to be very bad on unpaved sections
of the streets. In light of the complaints she has received, Orton
asked if the City Manager would talk to the University Athletic Department
regarding the possibility of assisting in oiling of the unpaved sections
of the streets in question.
MINUTES
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159.2
The minutes of the May 7 meeting were approved, with the following 159.3
correction:
117.5 Delete "(by issuing Requests for Qualifications)"
The minutes of the May 13 meeting were approved as distributed.
ADJOURNMENT
The meeting was adjourned at about 11:30 P.M. 159.4
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