HomeMy WebLinkAbout1985-11-05 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS
A regular meeting of the Fayetteville Board of Directors was
November 5, '1985 at 7:30 P.M. in the Boaid Room of City
Mountain Street, Fayetteville, Arkansas.
held on Tuesday,
Hall, 113 West
PRESENT: Mayor Noland; Directors Bumpass, Hess, Johnson, Lancaster,
Martin and Orton; City Manager Grimes, Assistant City Manager
McWethy, City Attorney McCord, City Clerk Kennedy, members
of the press and audience
CALL TO. ORDER
The Mayor called the
asked for a moment of
•
PARKING SPACES
meeting to order, with seven Directors present, and
respectful silence.
The Mayor introduced further consideration of an ordinance amending the
City Code definition of off-street parking spaces. The Mayor noted this
ordinance was left on first reading at the September 3 meeting, for further
discussion with the Planning Commission.
Director Bumpass, seconded by Martin, made a motion to suspend the rules
and place the ordinance on second reading. Upon roll call, the motion
passed, 7-0. The City Attorney readthe ordinance for thesecond time.
Director Bumpass, seconded by Martin, made a motion to further suspend
the rules and place the ordinance on third and final reading. Upon roll
call, the motion passed, 7-0. The City Attorney read the ordinance for
the third time.
The Mayor explained that the amendment would add the following language:
Required off-street parking areas for three (3) or more automobiles
shall have individual spaces marked, and shall be so designed, main-
tained, and regulated that no parking ormaneuvering incidental to
parking shall be on any public street, walk, or alley, and so that
any automobile may be parked or unparked without moving another automo-
bile; provided, parking spaces for duplexes and single family homes
with a joint driveway centered on the property line may be designated
so that no more than four (4) parking spaces back into a public street.
Noland remarked that, during the Board tour of agenda
some discussion regarding whether or not an alley should
cifically in reference to the parking lot across the
Hall where a row of cars must back into an alley to exit
items, there was
be included (spe-
street from City
the parking lot).
359.1
359.2
359.3
359.4
359.5
359.6
360
November 5, 1985
360.1 Director. Johnson,seconded by Orton, made a motion to delete the word
"alley" from the ordinance.
360.2 C.D. and Planning Director Sandra Carlisle pointed out that the deletion
of the word "alley" would be made to the wording in the existing ordinance,
not to the wording in the amendment.
360.3 Upon roll call, the motion passed, 7-0. Upon roll call, the ordinance,
as amended, passed, 7-0.
ORDINANCE NO. 3138 APPEARS ON PAGE
xxIII
447
OF ORDINANCE & RESOLUTION BOOK
REZONING PETITION R85-25/SYCAMORE & COLLEGE
360.4 An ordinance was introduced rezoning 2.56 acres located north and east
of the intersection of North College Avenue and East Sycamore Street.
The Mayor explained that the petitioner, J. C. Enterline, requests rezoning
from C-2, Thoroughfare Commercial, and R-1, Low Density Residential, to
C-2. The Mayor reported the Planning Commission recommended approval
by a vote of 8-0 at a public hearing on October 14, with the Planning
Consultant concurring.
360.5 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, 7-0.
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 its third and final reading. Upon roll call, the motion
passed, 7-0. The City Attorney read the ordinance for the third time.
360.6 The Mayor reported the Board had viewed t_he location and there was a question
regarding the exact location of the property line, and how many trees
would be left standing. Rick Osborne, speaking for the petitioner, stated
that Enterline understands the desire for trees to remain and agrees that
no tree would be removed unless it is where a building will be located.
Osborne added that the nearest point of this property to the creek is
10 feet, at a minimum.
360.7 The Mayor asked if anyone in the audience wished to speak in opposition
to the rezoning. With no public opposition expressed, the roll was called
and the ordinance passed, 7-0.
ORDINANCE NO. 3139„APPEARS ON PAGE 449
xxIII
OF ORDINANCE & RESOLUTION BOOK
November 5, 1985
REZONING PETITION R85 -24/E. FIFTEENTH STREET
An' ordinance was introduced rezoning 3.0 acres located south of Highway
16 East' (East Fifteenth Street),-aliproximately 200 feet west of South
College Avenue. The Mayor explained the petitioner, Opal Holland, requests
rezoning from R-2, Medium Density Residential, to I-1, Heavy Commercial
and Light Industrial. The Mayor reported the Planning Commission recommended
approval by a vote of 7-0 at a public hearing on October 14.
Director Johnson, seconded by Bumpass, made a motion -to suspend the rules
and place the ordinance on second reading. Upon roll call, the motion
passedci-7-0;' '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, 7-0. The City Attorney read the ordinance for
the third time.
The Mayor reported the Board had viewed the property and he asked if anyone
present wished to speak against the rezoning.
Director Lancaster stated he did not really object to heavy commercial
or light industrial zoning for this property but thought perhaps it was
premature. Lancaster remarked that he didn't understand why the Board
approves rezoning of property to industrial when the city has an industrial
park.
Director Bumpass noted that there is a recreational park across the street
from the property and he commented that this would make the property attractive
for residential development.
C.D. and Planning Director Carlisl'e�explained that no one could be present
to represent the petition but the petitioner has suggested that, if `there
are any questions they might answer, the Board might wish to table the
rezoning until the next meeting. Carlisle added that the General Land
Use Plan recommends I-1 for this location: Carlisle pointed out that
the Industrial Park is zoned I-2, Heavy Industrial.
In answer to a lquestfon from Director Bumpass, the City Attorney explained
the existing Land Use Plan was developed for the period 1970-1990. McCord
added that the Plan does not differentiate between I-1 and I-2, but simply
designates "industrial" as the future land use for the area.
Upon roll call, the ordinance passed, 5-2, with Bumpass and Lancaster
voting against the ordinance.
ORDINANCE NO. 3140 APPEARS ON PAGE
XXIII
451
OF ORDINANCE & RESOLUTION BOOK
361
361.1
361.2
361.3
361.4
361.5
361.6
361.7
361.8
362.1
362.2
November 5, 1985
REZONING PETITION R85-26/GREGG & SHILOH
An-ordi-nance was introduced rezoning 3..02 acres northeast of the corner
of North Gregg, Avenue and Shiloh Drive. The Mayor explained that the
City of Fayetteville requests rezoning from F-1, Flood, to C-2, Thoroughfare
Commercial. The. Mayor explained that the F-1 District had recently been
eliminated.
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, 7-0.
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, 7-0. .The City Attorney read the ordinance for the third time.
362.3 Director Orton asked if any building could be done on this property, in
light of the fact that it. has been .zoned F-1. Director Hess explained
building was permitted if it is two feet above the flood leyel. Director
Orton commented that she thought it might be misleading for this property
not to be .zoned F-1.
362.4
Director Bumpass ,asked C.D. and Planning Director Carlisle if there .had
been any follow-up on the problem of there being no 'proof of notification
to the property owner. Carlisle explained that the Planning Office policy
has been to.send notification by certified mail only for subdivisions
and large scale development, that regular mail is used for all other notifi-
cations. Carlisle stated a sign was posted on the property and the owner
was well aware of the rezoning. Director Martin stated that; since the
city initiated the rezoning, there should be positive proof that the owner
received notice. ,Martin expressed reluctance to change the zoning to
C-2 without such proof. Director Orton suggested the ordinance be left
on third reading until proof of notification has been obtained.
362.5 Director Hess commented that the zoning classification for property does
not have anything to do with whether or not property is located in the
flood plain. Hess further clarified that building is prohibited for property
located in the ,flood way, but is permitted,. under certain circumstances,
for property located in the flood plain. .,Hess explained that these deter-
minations are made at the time of application for a building permit.
362.6 The City Attorney McCord stated he thought the Board's concern regarding
the property owner receiving proper notice is legitimate. McCord noted
that rezoning to C-2 would give more options to the property owner than
the existing classification. McCord added that the Planning Consultant's
recommendation was that:
...0-2 is recommended for the property. The intent of this application
is to establish a zoning district for that portion of the property
that was previously zoned F-1 District. F-1 has been deleted from
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November 5, 1985
the Zoning Ordinance. In 1978 this same property was under application
from I-1 to C-2. The C-2 District was approved except for that part
that was in the Flood Plain..."
Director Bumpass made a motion to table untila certified mail receipt
is obtained showing proof that notice has been sent to the property owner.
Director Bumpass asked Carlisle to call .the owners to make them aware
of the next meeting.
Director Johnson stated the property owner has the opportunity to request 363.3
a rezoning to another district. Johnson remarked that, because of the
elimination of the F-1 District, the property currently has no zoning
designation.
38(3-
363.1
363.2
Director' Martin seconded the motion. Upon roll call, the motion passed, 363.4
5-2, with Johnson and Hess voting against the motion.
Director Lancaster stated that, when the property was annexed to the city,
it would have been designated A-1, Agricultural, before it Was zoned F-1.
Lancaster asked the City Attorney if, after the deletion of the F-1 District,
the property should revert to its original A-1 designation. The City
Attorney responded that the property "needs to be zoned in some type of
classification in accordance with the existing ordinance".
REZONING PETITION R85-27/LINDELL & NORTH
An ordinance was introduced rezoning .34 acres located at the northeast
corner of North Lindell Avenue and West North Street. The Mayor reported
that the petitioner, Vernon Wilson, requests rezoning from C-1, Neighborhood
Commercial, to C-2, Thoroughfare Commercial. The Mayor added that the
Planning Commission voted, 8-0, to recommend approval at a public hearing
on October 28, with the Planning Consultant also recommending approval.
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, 7-0.
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:
The Mayor asked if anyone wished to speak against the ordinance. No public
opposition was expressed.
Director Bumpass asked the owner, Vernon Wilson, if he intended to change
the use of the business from that of a car wash. Wilson responded that
he had considered the possibility of an auto parts store.
Upon roll call, the ordinance passed, 7-0.
363.5
363.6
363.7
363.8
363.9
364',
November 5, 1985
ORDINANCE NO. 3141 APPEARS ON PAGE. 453 OF ORDINANCE & RESOLUTION BOOK
XXIII
364.1 Mr. Wilson commented that Fayetteville can't afford to be without a solid
waste incinerator. Wilson stated he thought there was support for the
project and that the city should "forge ahead".
R -O -W ABANDONMENT/COUNTY AVENUE
364.2 The Mayor introduced a request for an ordinance abandoning and vacating
a portion of the County Avenue street right-of-way, located between East
Center Street and Meadow. The Mayor reported that, during the Board tour,
there was discussion about the fact that more information is needed about
what kind of.tiaffic flow,there.should be.around the jail under construction.
'364.3 City Attorney McCord explained that an existing building encroaches approxi-
mately five feet into the platted right-of-way. McCord said that, under
Arkansaslaw,, adverse possession cannot be used to acquire ownership of
public right-of-way. McCord asked if the Board wished to require that
five feet of the existing building be demolished to comply with the right-
of-way requirements. McCord explained that, in connection with a sale
of the property, a survey was made which reflected that the building encroached
on the right-of-way. McCord added that the proposal is not to vacate
five feet of equal and uniform width along the entire platted right-of-way,
but just the five feet where the building is located.
364.4 Director Lancaster asked if it would be .possible for the owner of the
building to acquire five feet of right-of-way on the property to the east,
in exchange for. the building being allowed to encroach. Director Lancaster,
seconded by Bumpass, made a motion to table.,
364.5 Petitioner Carl Grimes addressed the Board. Grimes commented that a delay
would slow down the process of closing a sale which is pending. Grimes
remarked also that it would not be a practical solution to demolish the
building.
364.6 The .City Attorney suggested one. possible solution would be for Grimes
to agree that, in the event he could not negotiate acquisition of an additional
five feet, he would reimburse the City of Fayetteville for all costs incurred
in the event the city had to condemn the additional five feet to widen
the street to the necessary width. Grimes said he had not yet considered
the possibility of acquiring the additional five feet, but he would be
interested in negotiating such an acquisition.
364.7 Director Bumpass ,commented that the proposed solution was a reasonable
exchange and Grimes, in response to Bumpass, stated the right-of-way vacation
was necessary to acquire a building permit. Director' Bumpass asked if
Grimes could sign a contract in which he would agree to the proposal as
suggested by the City Attorney. The City Attorney stated there was precedent
365
November 5, 1985
for 'that type of arrangement. The City Attorney pointed out that the 365.1
Board could vote to pass the ordinance now because, without an emergency
clause, the ordinance would not become effective until 31 days from the
date of publication. McCord commented that passing the ordinance now
would indicate to Grimes that the Board was receptive' to vacating the
five feet and then, if a commitment was not received in writing before
the effective date of the ordinance, the ordinance could be repealed.
Grimes agreed that, within the 31 -day period, he would attempt to negotiate 365.2
the acquisition of the additional five feet.
Director Lancaster withdrew his motion and Director Bumpass withdrew his 365.3
second to the motion.
McCord read the ordinance for the first time. Director Bumpass, seconded 365.4
by Johnson, made a motion to suspend the rules and place the ordinance
on second reading. Upon roll call, the motion passed, 7-0. 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, 7-0.
The City Attorney read the ordinance'for the third time.
Director Hess asked if it would be necessary to obtain an appraisal for 365.5
fair market value in order to initiate condemnation proceedings. The
City Attorney stated that would not be necessary unless federal funds
are being used. Hess suggested that, if Grimes cannot acquire the right-of-
way, the city might consider obtaining an appraisal.
The City Attorney asked the Assistant City Manager to place this item 365.6
on the agenda for the first meeting in December.
The Mayor asked if anyone in the audience wished to speak against the 365.7
ordinance. There being no opposition expressed, the roll was called and
the ordinance passed, 7-0.
ORDINANCE NO. 3142 APPEARS ON PAGE 455 OF ORDINANCE & RESOLUTION BOOK
XXIII
FOURTH LOT SPLIT/DON WARD
The Mayor introduced a request by Don Ward for Board approval of a fourth
lot split, for property located on the north side of the'extension of
Township Road, east of Old Wire Road. The Mayor noted that it would be
necessary to extend water service to the site. City Manager Grimes reported
that the Planning Commission voted, 5-3, to recommend approval of the
request.
Director Bumpass asked if the city would be giving up any improvements
which might be required by filing a subdivision plat. The Mayor remarked
365.8
365.9
: 66
366.1 that, in this case, improvements are already under
Township extension will run by the property. The
that the Parks Ordinance applies to lot splits, and
city would be foregoing any benefits by approving a
to requiring a subdivision plat.
November 5, 1985
Contract because the
City Attorney added
he did not think the
lot split as opposed
366.2 Director Orton asked if a subdivision plat would have to be filed in order
for the owner to develop other land he owns which adjoins the three lots
in question. The City Attorney responded that this would be the case,
unless the Board approves additional lot splits.
366.3 Don Ward stated approval of the lot split would give him "just enough
leverage to do something with the property". Ward explained that one
of the three lots shown on the map in the agenda is wider than the others
because he plans to install a private drive which would serve other interior
lots, so that there would be no additional driveways off Township Road
or Old Wire Road. In answer to a question from Director Martin, Ward
noted that the three lots under consideration are part of a 3.24 acre
parcel of land owned by him. Director Martin commented that, since the -
amount of property owned by Ward is greater than just the three lots under
discussion, he considered Ward to be a developer. Martin stated he thought
the Board was being asked to treat Ward differently from other developers
who are required to file subdivision plats. Martin stated he thought
there was not much basis for granting a waiver.
366.4 The City Attorney suggested a possible solution which would help Ward
and satisfy the concerns of the Planning Commission and Board regarding
how the remainder of the property will be developed -- that Ward plat
a subdivision for the entire area, in phases, obtain Planning Commission
approval, and the only improvements required to be installed would be
for the phase to be developed immediately.
366.5 In answer to a question from Director Martin, Sandra Carlisle stated that
the Planning Commission was aware that Ward owned the entire 3.24 acre
parcel.
366.6 It was the consensus of the Board that Ward proceed with a phased development
plan. The City Attorney clarified that, in the case of a phased development,
Ward would obtain Planning Commission approval of a subdivision plat and
would not need to seek Board approval.
REZONING PETITION R85-28/DRAKE ROAD
366.7 An ordinance was introduced rezoning 2.88 acres located on the north side
112 North. The Mayor explained that the
requests a change from A-1, Agricultural,
The Mayor reported the Planning Commission,
28, recommended approval by a vote of 8-0,
of Drake Road, west of Highway
petitioner, Crouch Moore Trust,
to C-2, Thoroughfare Commercial.
at a public hearing on October
November 5, 1985
and that the Planning Consultant recommended C-2 zoning for the following
reasons:
1. The property is adjacent to the intersection of Highways 71
and 112 North, which is the recommended location for commercial
development;
There currently exists C-2 zoning and commercial development
on two sides of the property and the University Farm property
on the third; and
3. The public facilities and services necessary to serve the property
are available.
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, 7-0.
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 1 reading. Upon roll call, the motion
passed, 7-0. The ordinance was read for the third time.
The Mayor asked if anyone iithe audience wished to speak against the
ordinance. No public opposition was expressed.
Jim Irwin, agent for the petitioner, told the Directors that the proposed
use of the property was for a motel with approximately 100 units.
Upon roll call, the ordinance passed, 7-0.
ORDINANCE NO. 3143 APPEARS ON PAGE
XXIII
456 OF ORDINANCE & RESOLUTION BOOK
R -0-W ABANDONMENT/KANTZ LANE
The Mayor introduced a request for an ordinance abandoning and vacating
a portion of the Kantz Lane street right-of-way, located between East
Oaks Drive and Ball Avenue.
The City Attorney reported that the applicant, represented by Attorney
Phil Moon, had filed a petition with the City Clerk which reflects that
the consent of all the utility companies has been obtained. 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, 7-0. 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, 7-0.
The ordinance was read for the third time.
367.1
367.2
367.3
367.4
367.5
367.6
368
November 5, 1985
368.1 In answer to a question from Director Lancaster, Phil Moon explained that
two plats overlapped at the point of the cul de sac, that there had been
an error in drafting, and that the vacation would simply correct the plat
to reflect a street which already exists where the cul de sac is 'shown.
368.2 Some concern was expressed by both Directors Martin and Hess regarding
the fact that the Board was being asked to ratify a street which already
exists where a cul de sac is shown on the plat. The City Attorney explained
that the first subdivision plat was platted with a cul de sac, and later
a second subdivision was platted with a "stubbed in" street which connected
with the cul de sac. McCord clarified that the ordinance would allow
for the exterior of the cul de sac to be abandoned, leaving one "stubbed
in" street connected to another "stubbed in" street.
368.3 Mayor Noland -asked if anyone in the audience wished to speak against the
ordinance. There being no public opposition, the roll was called and
the ordinance passed, 7-0.
ORDINANCE NO. 3144 APPEARS ON PAGE
XxIII
458
OF ORDINANCE & RESOLUTION BOOK
368.4 City Attorney McCord asked Phil Moon to have the engineer provide a legal
description of the area to be vacated.
REZONING PETITION R85-30/OLD MISSOURI ROAD
368.5 An ordinance was introduced rezoning 4.72 acres on the west side of Old
Missouri Road, north of its intersection with Old Wire Road. The Mayor
explained the petitioner, Jim Hatfield, is requesting a change from R-1,
Low Density Residential, to R-1.5, Moderate Density Residential. Mayor
Noland reported that the Planning Commission, at a public hearing on October
28, recommended approval by a vote of 5-3.
368.6 City Attorney McCord read the ordinance for the first time.
368.7 Director Orton noted this property was located at a very dangerous inter-
section. Orton commented that, until the city does something about the
intersection, she didn't think the density should be allowed to increase.
368.8 Mayor Noland asked if the State Highway Department or the city's Traffic
Superintendent' had made any recommendation on this intersection. City
Manager Grimes noted that, in order to improve the intersection, some
of the curve of Old Wire Road would have to be removed and straightened
out, in order to improve visibility.
In answer to a question from Director Bumpass, petitioner Jim Hatfield
stated that a conditional use had been granted to allow duplexes on the
property and that his intent was for the duplexes to be owner -occupied.
368.9
November 5, 1985
Hatfield said the development would have 14 lots, with a total of 28 duplexes.
Hatfield told Bumpass there would be one divided driveway for the development.
Director Orton suggested the ordinance be left on first reading until
the problems of the intersection can be addressed.
Director Johnson, seconded by Hess, made a motion to suspend the rules
and place the ordinance on second reading. Upon roll call, the motion
passed, 6-1, with Orton voting against the, motion. McCord read the ordinance
for the second time Director Johnson, seconded by Hess, made a motion
to further suspend the rules and place the ordinance on third and final
reading. Upon roll call, the motion passed, 6-1. The ordinance was read
for the third time.
There was some discussion regarding the possibility of acquiring property
on the northwest corner of the intersection of Old Wire Road and Old Missouri
Road, to be used in an attempt to change the intersection. City Manager
Grimes stated the staff would pursue this possibility.
The Mayor asked if anyone in the audience wished to speak against the
ordinance. A resident of the area stated he objected to the ordinance,
commenting that 28 units could mean as many as 56 additional cars traveling
through the intersection. Addressing a statement in the Planning Consultant's
report that "...R-1.5 zoning would help provide a variety of dwelling
unit options within the neighborhood", the resident stated the number
of single family residences in that area prove that the preference in
the area is for single family dwellings. He challenged the consultant's
statement that "the property is isolated...by churches on three sides",
commenting that 14 duplexes could hardly be isolated by three churches.
Gordon Wilkins disagreed, stating that "all residences facing Old Missouri
Road at the present time are, without exception, multi -family units".
Upon roll call, the ordinance passed, 6-1, with Director Orton voting
against the ordinance. Directors Lancaster and Hess both remarked that
they voted "yes" with the stipulation that the city take some action to
address the problems of the intersection. Director Hess asked if a report
could be made on preliminary findings at the next meeting.
ORDINANCE NO. 3145 APPEARS ON PAGE 459 OF ORDINANCE & RESOLUTION BOOK
XXTII
BILL OF ASSURANCE RELEASE/JOHN BOX
The Mayor introduced a request by John Box for the release of a Bill of
Assurance. The Mayor explained that at the time a development was built
on Elm Street, a Bill of Assurance was executed promising that only single-
family residences and the permitted uses under Use Unit 25 ("small professional
offices") would be permitted and that there would be no driveway access
to Elm Street. The Mayor explained that the release would permit the
369
369.1
369.2
369.3
369.4
369.5
369.6
369.7
.:370
November 5, 1985
370.1 driveway to be constructed onto Elm Street. The Mayor reported that some
persons who originally objected to the driveway now have signed a petition
agreeing that the driveway construction would be satisfactory.
370.2
370.3
Director Johnson, seconded by Bumpass, made a motion to release the Bill.
of Assurance. -
Director Bumpass,stated he asked that this request be placed on the agenda
because there seemed to be approval by neighbors who originally were opposed,
and secondly because there is a driveway directly across the street and
an office which was not there at the time of the Bill of Assurance.
370.4 The Mayor asked if anyone in the audience wished to oppose the release
of the Bill of Assurance. No public opposition was expressed.
370.5
Director Martin asked if the signatures on the petition included all the
residents on Elm Street. John Box stated the signatures represented the
majority of the residents on Elm Street. He added that some residents
were out of town when the petition was circulated.
370.6 Upon roll call, the motion passed, 7-0.
CROSSOVER PARK MASTER PLAN
370.7 A presentation was made by Bill Waite, member of the Parks and Recreation
Advisory Board, of a Master Plan for Crossover Park, proposed to be located
east of Highway 265 North and north of Highway 45 East.
370.8 Bill Waite noted that the proposed schedule of development had been distributed
to the Board of Directors. Waite reported that the plan is for a natural
setting for the approximately 20 -acre area for two reasons: because of
its topography and because the School District retains title to the land
and the lease with the District specifies that it be used for a natural -setting
park.
370.9 Wafte explained that the proposed entry to the park would initially be
from an existing road off Highway 265 which would need slight improvement.
Waite noted that, after 1990 or when the School District begins development
of property which lies to the south of the Park, there would be another
access created off Highway 45 through school property.
370.10 Mayor Noland asked about expenses for development of the Park. Waite
explained that expenses would be spread out over five years and would
be minimal. Waite stated the expenses would'cover acquisitions such as
tables and a small amount of playground equipment and would cover such
work as clearing underbrush and trail development. '
370.11 Director Martin stated he was a neighbor to the east of the park and that
he welcomed the park, but he questioned whether it would be used. Waite
•
November 5, 1985
stated he felt the park would have considerable usage. He added that,
for this section of Fayetteville, this was the only area where there was
sufficient acreage to create a park, otherthan a school playground.
Martin asked if a remote and isolated park would encourage vandalism and
would be a high -maintenance park. Waite noted that remoteness did encourage
vandalism but he pointed out that there is vandalism in all the city parks.
Waite stated the type of structures to be used in the park would be as
close as possible to vandal -proof. Waite admitted that they, anticipated
having to block access to four-wheel drive vehicles.
Director Hess, seconded by Orton, made a motion to formally accept the
Crossover ParkMaster Plan. Upon roll call, the motion passed, 6-0-1,
with Martin abstaining.
The Mayor and Director Hess expressed appreciation to the members of the
Parks and Recreation Advisory Board for the work done on the Crossover
Park Master Plan.
THE MEETING RECESSED AT 9:35 P.M. AND RECONVENED AT 9:45 P.M.
PUBLIC PURPOSE MUNICIPAL BONDS
The Mayor introduced a resolution urging Congress not to restrict the
use of public purpose municipal bonds.
Director Johnson, seconded by Hess, made a motion to approve the resolution.
Upon roll call, the motion passed, 5-0, with Directors Orton and Bumpass
not present for roll call.
RESOLUTION NO. 116-85 APPEARS ON PAGE 41 OF ORDINANCE & RESOLUTION
BOOK XXIII
ACT 9 BOND AMENDMENT/NORRIS INDUSTRIES
The. Mayor introduced a resolution authorizing the Mayor and City Clerk
to execute a document amending a Bond Guaranty, a Letter of Credit Agreement,
and a Trust Indenture, all of which relate to Act 9 Industrial Development
bonds issued in 1979 to Norris Industries. •
Director Johnson, seconded by Hess, made a motion to approve the resolution.
Upon roll call, the motion passed, 7-0.
RESOLUTION NO. 117-85 APPEARS ON PAGE 43 OF ORDINANCE & RESOLUTION
BOOK XXIII
•
371
371.1
371.2
371.3
371.4
371.5
371.6
371.7
372
November 5, 1985
EASEMENT ABANDONMENT/BARGO PROPERTY
372.1 The Mayor introduced an ordinance vacating and abandoning a 20' utility
easement running along the west side of the Bargo Engineering property
in the Industrial Park.
372.2
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, 7-0.
The ordinance was read for the second time. Director Bumpass, seconded
by Johnson, made a motion to further suspend the rules and place the ordinance
on the third and final reading. Upon roll call, the motion passed, 7-0.
The ordinance was read for the third time.
372.3 The Mayor asked if anyone in the audience wished to speak against the
ordinance. There being • no public opposition expressed, the roll was called
and the ordinance passed, 7-0.
ORDINANCE NO. 3146 APPEARS ON PAGE
xXIII
ELECTRICIAN -APPRENTICE RATIO
462
OF ORDINANCE & RESOLUTION BOOK
372.4 An ordinance was introduced which would amend the City Code by prescribing
a ratio of apprentice wiremen to journeyman and master electricians on
each job site. The Mayor reported that this ordinance was unanimously
recommended by the city's Electrical Licensing Board at a public hearing
on October 28.
372,5
The City Attorney read the ordinance for the first time.
372.6 Director Orton stated she didn't feel it should be under the city's juris-
diction to require a certain number of people on a job.
372.7 Tom Tucker addressed the Board, stating he has been employed by the city's
Inspection Department for 13 years. Tucker explained that the reason
the city is getting involved in the amount of apprentices working on a
job is that there is a shortage of qualified electricians. Tucker stated
that there have been more instances of laborers doing wiring with no journeyman
or master electrician overseeing the work. Tucker noted that the City
of Springdale requires the following ratios: master -one apprentice, master -
journeyman -two apprentices, master -two journeymen -four apprentices, and
one master -three journeymen -six apprentices.
372.8 Director Lancaster stated he didn't believe it was within the Board's
jurisdiction to stipulate the number of workers oh a job. Lancaster stated
he relied on the city's Inspection Department to certify that the work
has been done correctly. Lancaster commented that, if the Inspection
373
November 5, 1985
Department had more work than it could handle, more inspectors should 373.1
be hired.
Oscar Titus, member of the Electrical Licensing Board, stated that he
worked as a journeyman for ten years. Titus stated he thought there was
a positive side to the passage of the ordinance, because in order to become
a qualified journeyman, an apprentice must work under a journeyman. Titus
cautioned that if steps are not taken to see that apprentices work under
the guidance of an experienced journeyman, then there will be a shortage
of qualified electricians in the area, Titus stated he thought the quality
of electrical work in this area has fallen in the last ten years, due
to lack of training.
Director Hess stated he thought it was the Board's job to protect the
safety and welfare of citizens in ensuring that wiring is done in a safe
manner. Hess commented that it was not possible for one inspector to
be able to detect a defect in the great amount of wiring to be inspected
in the course of one day.
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, 7-0. 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, 7-0. The City Attorney read the ordinance for
the third time.
In answer to a question from
his experience that cities in
that the ratios appeared to be
trade. In answer to Martin, Tom
of the ordinance would put any
commented that, since discussion
12 apprentices have applied for
Director Martin, Titus stated that it was
Oklahoma provided for ratio requirements;
dictated by the cities rather than by the
Tucker stated he did not think the enactment
local contractors out of business. Tucker
began regarding the passage of the ordinance,
a journeyman license.
In answer to a question from the City Attorney, Tucker stated the journeyman's
test is available to be taken any day of the week, if certain requirements
are met. The City Attorney advised that, if the Board wished to adopt
the ordinance and not impose a hardship on contractors, the Board could
amend the ordinance to prescribe an effective date of six months or one
year to allow the apprentices in the community to become journeymen.
Tom Tucker pointed out that surrounding cities such as Ft. Smith, Rogers,
and Springdale all have ratio requirements in effect.
Director Bumpass made a motion to amend the ordinance to prescribe an
effective date of 90 days The motion was seconded by Director Martin
and, upon roll call, passed by a vote of 6-1, with Director Lancaster
voting against the motion.
373.2
373.3
373.4
373.5
373.6
373.7
373.8
374
374.1
374.2
November 5, 1985
Upon roll call, the ordinance as amended passed by a vote of 6-1, with
Director Lancaster voting against the ordinance.
ORDINANCE NO. 3147 APPEARS ON PAGE 463 OF ORDINANCE & RESOLUTION BOOK
XXIII
SUPERVISOR TRAINING CONTRACT
The Mayor introduced a resolution authorizing the Mayor and City Clerk
to;execute a contract with Lawrence -Leiter & Co. in the amount of $23,200,
for 'supervisory training. Personnel Officer Jeanette Crumpler confirmed
that $20,000 had been budgeted for the training.
374.3 In answer to a question from Director Orton, Director Johnson stated this
was the sort of training as was recommended in the Performance Audit.
Director Martin commented that he thought the training was also recommended
by PARA when the wage study was conducted. Crumpler noted that the PARA
study recommended supervisor training be undergone before the city implemented
the bonus plan. In answer to Director Martin, Crumpler stated that Lawrence -
Leiter would provide "one-time" training. Director Johnson recommended
that the training sessions be videotaped.
374.4 Director Johnson, seconded by Orton, made a motion to approve the resolution
and a budget adjustment of $3,200. Upon roll call, the motion passed,
7-0:
RESOLUTION NO. 118-85 APPEARS ON PAGE ' 58 OF ORDINANCE & RESOLUTION
BOOK XXIII
BID AWARD/POLYMERS
374.5 The Board considered the award of Bid #650 for polymers for the Pollution
Control Plant.
374.6 Don Bunn explained that five-day tests are run at the Pollution Control
Plant on the belt filter press to determine how much polymer will be necessary
to operate for one year. Bunn explained that normally the lowest bid
for polymer is selected. Bunn reported that, ,after conducting the tests
and making a recommendation, it was noted that American Cynamid's test
was run at two different concentrations - one for three days and one for
two days and the concentration run for two days proved to be most economical
over a year, rather than Nalco which was the low bid overall. Bunn stated
it was decided that additional testing should be done to find out if American
Cynamid's polymer could indeed be used at a substantial savings, and that
this testing would be done in December when the permanent belt press is
on-line. Bunn stated there was a good chance that $25,000 to $30,000
could be saved on polymer costs. Bunn explained that, because they are
almost out of polymer, some must be purchased now before new bids can
•
•
November 5, 1985
be taken in December. Bunn explained that polymer purchased now would
cost $1.10 per pound (or about $18,500). He explained that if,the existing
bids are accepted, polymer could be purchased for about $3500 cheaper.
Bunn stated a bid waiver would be needed'in order to buy 2,000 pounds
of Nalco polymer now, at a cost of $18,500.
The City Attorney clarified that the bid waiver would be for a three-month
purchase of 16,800 pounds of polymer at a total price of $19,580.
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, 7-0.
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, 7-0. The City Attorney read the ordinance for the third time.
Upon roll call, the ordinance passed, 7-0.
ORDINANCE NO. 3148 APPEARS ON PAGE 464
XXIII
OF ORDINANCE & RESOLUTION BOOK
In pm t-1
375.1
375.2
375.3
BID AWARD/W&S EQUIPMENT
The Board considered the award of Bid #569 for equipment items for the 375.4
Water and Sewer Department. The Mayor reported there were three bidders,
with Bristol -Babcock Company being the low bidder on every item. The
Mayor added that the bid amount is under -budget.
Director Johnson, seconded by Hess, made a motion to award the bid to 375.5
the low bidder. Upon roll call, the motion passed, 7-0.
BID AWARD/WATER LINE CONSTRUCTION
The Board considered the award of bid for the construction of water line 375.6
replacements on Montgomery and Bel Air Streets and Dead Horse Mountain
Road. The Mayor reported the low bidder was Don Mitchell for two projects
and Fochtman Enterprises for one of the projects. Director Lancaster
noted these projects were discussed in detail at a Board Water and Sewer
Committee meeting.
Director Johnson, seconded by Bumpass, made a motion to award the bids 375.7
to the low bidders; and that a budget adjustment be made as recommended
by the City Engineer. Upon roll call, the motion passed, 7-0.
37'. ,
376.1
November 5, 1985
BID AWARD/LINE ADJUSTMENTS
The Board considered the award of bid for adjustments to water and sewer
lines, in connection with improvements to the intersections of Highway
265 with Highways 45 and' 16 East 'The Mayor reported that three bids
were submitted and the low bidder was Fochtman Enterprises, Inc. which
bid $31,900.
376.2 Director Bumpass, seconded by Johnson, made a motion to award the bid
to Fochtman Enterprises for $31,900. Upon roll call, the motion passed,
7-0.
BID AWARD/DRAKE FIELD FOOD SERVICE
376.3 The Board considered the award of bid for Drake Field food service to
Lorene O'Donnell.
376.4
376.5
376.6
Director Johnson, seconded by Hess, made a motion to award the bid. Upon
roll call, the motion passed, 7-0.
OTHER BUSINESS
LIGHTS ON FOR PEACE
The Mayor reported that there has been a request from a congressional
committee to support arms control talks between the U.S. and the U.S.S.R. by
lighting porchlights, candles and other lights on November 19th and 20th,
from dusk until dawn.
Director Johnson, seconded by Orton, made a motion to pass a resolution
in support of this request. Upon roll call, the motion passed, 7-0.
RESOLUTION NO. 119-85 APPEARS ON PAGE
BOOK XXIII
67
CENSUS INFORMATION
OF ORDINANCE & RESOLUTION
376.7 The Mayor reported that, as a result of the special census, 39,651 people
have been counted thus far in Fayetteville - 3,047 more than shown in
the 1980 census. The Mayor explained this will result in additional revenues
for the city.
376.8 Assistant City Manager David McWethy told the Directors that advertisements
which have appeared in the Northwest Arkansas Times can be filled out
and sent in to City Hall by persons who may not have been counted by census
workers.
•
November 5, 1985
SALARY FOR ACTING CITY MANAGER
Mayor Noland introduced consideration of salary for Jim Murphy who will
be employed full-time in November and December as a management advisor,
and who will act as City Manager from January 1 to June 30, at a rate
of $37 per hour.
Director Orton questioned why the salary had been proposed on an hourly
basis. Orton commented that City Manager Grimes is not employed on an
hourly basis. Orton expressed concern regarding payment for those hours
beyond the 40 -hour work week, such as time spent to attend Board meetings.
City Attorney McCord explained that, as a managerial official, Murphy
would not be entitled to overtime pay. Director Martin commented that,
in his experience in business, he found that most consultants price their
services on an hourly basis. Martin remarked that he thought the proposed
wage was "on the low end of the spectrum".- Director Orton remarked that
the proposed rate is $3,690 higher than that which the Board had initially
discussed, for a nine-month period.
Director Martin, seconded by Hess, made a motion to approve the proposal
as stated. Upon roll call, the motion passed, 6-0-1, with Director Lancaster
abstaining.
McCLINTON ANCHOR VS. CITY
Mayor Noland asked the City Attorney for the status of a lawsuit filed
against the City by APAC-Arkansas, Inc. d/b/a McClinton Anchor Company,
in reference to the Township Road extension. City Attorney McCord reported
'he had filed a Motion for Summary Judgment on November 1, 1985 and sent
a memo to the Board which included a copy of the Motion. McCord stated
he requested an early hearing date. McCord reported that, because the
plaintiff's attorney served notice to take ten depositions', the Court
determined that the motion should not be set for hearing until December
9. McCord reported that, if the motion is denied, he will immediately
request a trial setting.
O'REILLY AUTOMOTIVE SIGN
Director Johnson noted that, at a past Board meeting, O'Reilly Automotive
had indicated they would remove a sign which advertised their hours of
business, as a part of their sign variance. Johnson noted that sign is
still being displayed. The City Attorney stated he would ask the Inspection
Department to follow up on the matter.
•.-21r#1.,11
0 t
377.1
377.2
377.3
377.4
377.5
.5
SANITATION COLLECTION ORDINANCE
November 5, 1985
378:1 Director Bumpass noted that he had requested an ordinance be drafted regarding
alleyways and sanitation collection. Bumpass remarked that he had received
a draft of such an ordinance from the City Attorney and he requested this
be referred to the Planning Commission. The City Attorney agreed such
referral was appropriate in that the ordinance would amend the subdivision
regulations in addition to affecting the economy of sanitation collection.
COMMITTEE VACANCIES
378.2 Director Hess encouraged citizens to apply for several vacancies now available
on citizen committees.
378.3
In reference to
pointed out that
saddles.
WATER AND SEWER FITTINGS BID
Quote 11108 on Water and Sewer Fittings, Director Orton
the low bid was incorrectly marked for 4" sewer tapping
ROBERT BRANDON V. CITY
378.4 Director Lancaster asked the City Attorney for information regarding the
status of a lawsuit filed against_ the city in reference to Gregg Street.
The City Attorney reported that the lawsuit was in the process of being
"nonsuited" and originally. was set for trial today. McCord explained
that the plaintiff's attorney had requested the trial be taken off the
calendar, and the Judge indicated he would not continue the case and the
plaintiff would have to "nonsuit" the case. McCord said that, since that
time, he has not received a copy of the nonsuit order -- meaning at this
point in time the case is not active.
DISASTER DRILL
378.5 Director Bumpass reported that there has been a request to set the date
for the Disaster Drill for later in January, when the 800 Communications
System and the centralized dispatching is in place.
BOARD PERSONNEL COMMITTEE
378.6 Director Johnson asked the Mayor if he was going to appoint a Board Personnel
Committee. The Mayor stated that Director Johnson had recently suggested
this Committee be formed and he asked if the Board wished to serve as
a "committee -as -a -whole" or if the Board wished to have a specific committee.
November 5, 1985
Director Martin commented that there recently had been an unusual number
of personnel -related matters and he thought some kind of "human resources"
or personnel committee was needed. Martin stated he thought it was better
to have a committee, but that he was in favor of all Directors feeling
free to attend any committee meeting. Directors Johnson, Hess and Martin
volunteered to serve on the committee.
Director Lancaster stated he concurred with the idea of a committee to
handle "normal, everyday personnel problems" but that he didnot concur
with the committee being involved in hiring of the new department heads.
Director Orton remarked that the Board should not be involved in hiring
of any employees other than the City Manager. Director Johnson stated
she thought the committee would make recommendations to the full Board
on such items as salaries, discrepancies in the Pay Plan, or job descriptions
for the new department heads.
Mayor Noland appointed Diieetois Johnson, Hess and Martin to the Personnel
Committee.
MINUTES
The Minutesof the October 15 meeting were approved with the following
changes submitted by Director Orton.
338.7 Delete "...stopped meeting." and insert in its place "has
no funds for engineering expenses."
339.8 Change "SWEPCO" to "Ozarks Electric Cooperative"
n ryt
279
379.1
379.2
379.3
379.4
339.9 Change "...with there being one member each from the governing
bodies..." to "...with there also being one member each
appointed by the governing bodies..."
340.3 The first sentence should read: "Orton stated she thought
there could be instances when a Director might not wish
to serve on the Authority or, because of conflict of interest,
have to abstain from voting and therefore should not have
to attend meetings of the Authority."
The Minutes of the October 9 meeting were approved with the following 379.5
addition submitted by Director Orton:
332.4 Change "...rate study..." to "...water rate study..."
ADJOURNMENT
The meeting was adjourned at about 10:55 P.M. 379.6