HomeMy WebLinkAbout1986-04-15 Minutes1 11a e
6.,
MINUTES OF A MEETING OF THE FAYETTEVILLE BOARD OF DIRECTORS
L6.1 A regular meeting of the Fayetteville City Board of Directors was
held on Tuesday, April 15, 1986 at 7:30 p.m. in the Directors' Room
of the City Administration Building, 113 West Mountain Street, Fayette-
ville, Arkansas.
PRESENT: Mayor Noland; Directors Bumpass, Hess, Johnson, Lancaster,
and Orton; Acting City Manager Murphy, Department Directors
Burch, Coates and Linebaugh, City Attorney McCord,
City Clerk Kennedy, members of the press and audience
ABSENT: Director Martin
ROLL CALL
16.2 The meeting was called to order by Mayor Noland, with six Directors
present. The Mayor asked for a moment of respectful silence.
SESQUICENTENNIAL PRESENTATION
16.3 Dick Daniels,
from the City
that the City
year,
resident of Port Huron, Michigan, presented a plaque
of Port Huron to Mayor Noland. Daniels told the Mayor
of Port Huron is celebrating its sesquicentennial this
as is the State of Arkansas.
WASTEWATER TREATMENT PLANT GRANT FUNDS
16.4 The Mayor announced that yesterday he received a call from Congressman
Hammerschmidt's office informing him that Fayetteville has qualified
for another $2.6 million in funds that will be used for continuing
the construction of the sewer treatment plant. Noland explained this
grant means there will be about a year and four months less of sewer
sales taxation.
16.5
ARTS CENTER BOARD REPORT
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Frank Sharp, Chairman of the City Arts Center Board, reported that
Dr. Ferritor (member of the joint City/University Arts Center committee)
will present a proposal to the University Board of Trustees on April
18. Sharp asked when the City Board wished to hear the Arts Center
Board's report. It was agreed that this item would be placed on the
agenda for the next regular meeting of May 6.
April 15, 1986
HIGHWAY 265 CONNECTION
The Mayor introduced a recommendation to the Board by the Planning 117.1
Commission regarding a preliminary proposal to connect downtown Fayette-
ville with Highway 265. The Mayor explained the idea originated about
a year ago from some residents living in the Highway 265 area whose
concern included the alleviation of traffic around the area school.
Noland stressed that the engineering study was preliminary only.
The Mayor introduced a report from the engineering firm which prepared 117.2
the study - Crafton, Tull, Spann and Yoe. He noted that this was
not a public hearing.
Bob Crafton explained his firm's contract with the City asked for
a preliminary route selection to connect Highway 265 to the downtown
area, somewhere between State Highway 16 and State Highway 45. Crafton
said the study also included soil testing, surveying required to allow
recommendations regarding widths of the rights-of-way and pavement,
the types of materials, required drainage structures, easements and
projected grades of the roadway surfaces.
Engineer Dan Brown stated, because of the configuration of the existing
street network, it was the engineers' judgment that the route should
be a "collector" street. Brown said current city standards indicate
collector streets are to be four -lane and may have a maximum permissible
grade of 15%, and that the report and cost estimates have been prepared
based on this information. Brown described the routes proposed in
the report:
Alternate B begins at Mission Boulevard on Rockwood Trail, proceeds
easterly along Rockwood Trail to the existing end of the pavement,
continues to the east and curves off slightly to the south, connecting
to Highway 265 at a point about 300 feet south of the entrance
to the Hyland Park Subdivision. Brown stated the advantage of
this route is that it is the shortest of those proposed. Brown
stated the engineers felt this route was not feasible, primarily
due to the effect of construction on the existing neighborhood
along Rockwood Trail. Brown reported grades in this area are
in excess of 20%. Cost Estimate: $1,956,000
Alternate C shares the existing portion of Rockwood Trail with
Alternate B, and east of the existing end of Rockwood Trail the
route curves off to the north and back to the east, connecting
with existing Manor Drive, following Manor Drive to Highway 265.
Brown stated the advantage of this route is that it has a less
severe grade line for the portion of the route between Rockwood
Trail and Manor Drive, and provides the best connection with
Highway 265. The disadvantages, according to Brown, include
all the disadvantages of Alternate B. Cost Estimate: $1,860,000
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1.8.1
April 15, 1986
Alternate D begins at the intersection of Lafayette and Mission,
five blocks east of College Avenue, proceeding eastward along
existing Lafayette to the end of the pavement as it is now, angles
off to the southeast as it climbs up the west side of the Mountain
with a 15% grade, crests the hill at Williams Drive and then
begins a downward descent on the east side of the mountain, falling
the contours of the mountain northeasterly, and connecting into
Alternate B and proceeding to connect with Highway 265, about
300 feet south of Hyland Park. Brown stated this route's advantage
is it does not cause as much disruption of the existing neighborhoods
as do the other alternates. Brown stated its disadvantage would
be the requirement of some side street improvements to Sequoyah,
Rex and Williams Drives, to maintain existing traffic movements.
Cost Estimate: $2,713,000
L8.2 Brown described Alternates A, E, F and G which were considered by
the engineers but rejected.
18.3
ii
Brown reported that eight borings were drilled to depths of between
eight and fifteen feet and tests were performed on soil samples taken
from the borings. Brown reported that, as expected, the soils in
the area exhibit some properties that "require special consideration
in construction", and road subgrades will all require lime treatment
in order to stabilize the subgrade. Brown said french drains have
been included in the cost estimates.
18.4 Brown concluded by recommending Alternate D as the most desirable
alternate.
18.5 Director Orton asked Brown what he would consider as a safe grade
for a collector street. Brown responded that, although the city's
standards permit a maximum grade of 15%, he estimated a grade of 7%
to 8% to be safe. Brown noted that the geography of the area would
not permit such grades..
18.6 Director Lancaster commented that the engineering firm had done what
was asked of them by the City, and had proven to him that it is not
feasible to build a collector street over Mt. Sequoyah.
18.7 Director Bumpass apologized for any misinformation that citizens might
have understood that the City planned to construct a road on the basis
of the engineering study. Bumpass stated he thought the data gathered
from the study should be placed in the information banks of the City
for future planning.
18.8
Director Hess commented that the investigation of the question of
a connection between Highway 265 and the downtown area has not resulted
in a viable plan, but noted that the possibility of future development
in the area will have to be addressed.
•
April 15, 1986
Director Orton noted the constructive side of the process was that
the engineers have proven "it's not the thing to do". Director Orton
made a motion to accept the study but to reject any recommendation
to build a street over Mt. Sequoyah. Director Hess seconded the motion.
Director Johnson pointed out that Crafton, Tull, Spann and Yoe did
exactly what they were told to do in their contract. Johnson stated
she thought it was the Board's responsibility to respond to the citizens.
Upon roll call, the motion passed, 6-0, with Director Martin absent.
REZONING/205 ROCK STREET
The Mayor introduced an ordinance rezoning the north 130 feet of a
.73 acre parcel located at 205 Rock Street, from R-0, "Residential -Office",
to C-2, "Thoroughfare Commercial. The Mayor explained the ordinance
was left on first reading at the April 1 meeting, in order for the
petitioner to bring a parking plan before the Board.
Planning Director Sandra Carlisle clarified that the petitioner proposes
to have nine parking spaces, with only five being required for the
property.
The City ,Attorney read the ordinance for the second time. Director
Lancaster, seconded by Orton, made a motion to suspend the rules and
place the ordinance on its third and final reading. Upon roll call,
the motion passed, 5-1, with Director Johnson voting in the minority.
The City Attorney read the ordinance for the third time.
In answer to a question from Director Orton, Carlisle explained the
parking area was located to the west of the driveway. The petitioner
explained that a secure rock wall would be the west edge of the parking
area, which he stated has been graded and is level. In answer to
a question from Director Hess, the petitioner stated there was enough
room for cars to back out, with there being 38 feet from the west
edge of the parking area to a retaining wall.
Director Lancaster asked if anyone had asked the petitioner for a
Bill of Assurance promising to restrict the use of the property to
that of a bookstore, art gallery and custom framing shop. The City
Attorney responded that typically a Bill of Assurance is offered by
the petitioner to offset neighborhood objections. McCord said he
had previously advised that, for the Board to require a Bill of Assurance
would be "contract zoning" which has been declared unconstitutional
by some States. McCord added that he had not heard any neighborhood
objections in this case.
Director Bumpass pointed out that on the Board's tour of the property
on April 1, they did not look at the west side of the property. Bumpass
suggested the matter be tabled until the Board can view the parking
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April 15, 1986
'0.1 area The petitioner assured the Board that the parking area on the
diagram did exist. Director Johnson asked that the Board view the
distance between the entrance to the parking area and the distance
to the stop sign.
'0.2 Director Bumpass, seconded by Johnson, moved to table consideration.
:0.3 Prospective tenant for the property, Nancy Maier, pointed out that
the rezoning had been tabled at the last meeting 'in order for the
owner to present a plat of the parking, which she noted had been done.
'.0.4 Upon roll call, the motion failed to pass, 3-3, with Directors Lancaster,
Bumpass and Johnson voting in favor of the motion and Directors Orton,
Hess and Noland voting against the motion.
)0.5 Upon roll call, the ordinance passed, 4-2, with Directors Bumpass
and Johnson voting in the minority.
ORDINANCE NO. 3181 APPEARS ON PAGE
BOOK )(xi V
7
OF ORDINANCE & RESOLUTION
RIGHT-OF-WAY VACATION/718 S. LOCUST
20.6 The Mayor introduced an ordinance vacating and abandoning a portion
of street right-of-way, located at 718 South Locust Avenue. The Mayor
explained the ordinance was left on third reading at the April 1 meeting,
for the property owner to provide a legal description of that portion
of the street to be vacated. The Mayor noted that existing structures
on this portion of Locust Avenue are located in the right-of-way as
it was platted on the City maps about 50 years ago.
20.7 The City Attorney verified that the petitioner has provided a correct
legal description and has reserved a ten -foot utility easement. McCord
read the ordinance.
20.8 Director Bumpass expressed concern that there is a problem for seven
blocks on this street, in addition to the property owned by petitioner
Bronson. Bumpass commented that the City ought to figure out some
way to obviate the repetitiveness of easement vacations. The City
Attorney responded that legally the only way to vacate an easement
is for the Board to adopt an ordinance. McCord explained that, for
an ordinance to be adopted for the entire seven blocks, the petitioner
would have had to undertake the cost of a survey. Acting City Manager
Murphy stated the staff has discussed a process for handling easement
vacation requests, so such requests can be presented to the Board
with the staff confirming that the legal description is proper and
that utility companies have agreed to the vacation. McCord noted
that, with that process in place, it would be possible to include
several vacations in one ordinance.
I!
April 15
Upon roll call,the ordinance passed, 6-0. 121.1
ORDINANCE NO. 3182 APPEARS ON PAGE
BOOK xg/ V
EASEMENT VACATION/1740 OVERCREST
OF ORDINANCE & RESOLUTION
The Mayor introduced an ordinance vacating and abandoning a portion
of an easement located on property at 1740 Overcrest Street. The
Mayor explained the ordinance was left on third reading at the April
1 meeting, and that all parties have now agreed that only the south
nine feet of the easement should be vacated and that the owner will
dedicate the north six feet of the easement and an additional 16 .foot
easement.
The City Attorney advised that, since the ordinance has been read
three times, a motion would be in order to amend the legal description
to vacate only nine feet of the easement. McCord explained the other
six feet would remain a dedicated easement and the only action necessary
would be for the property owner to execute the easement.
Director Orton, seconded by Hess, made a motion to amend the legal
description in the ordinance. Upon roll call, the motion passed,
6-0.
Upon roll call, the ordinance passed, 6-0.
ORDINANCE NO. 3183 APPEARS ON PAGE .// OF ORDINANCE & RESOLUTION
BOOK XX/1/
FOURTH LOT SPLIT/BAILEY RD & COUNTY HWY. 87
The Mayor introduced a request by Curtis Parsley for Board approval
of a fourth lot split, for property located north of Bailey Road and
west of County Highway 1187.
Director Orton noted that some time ago the Board asked for criteria
to be prepared for the Board to use in considering requests for lot
splits. Planning Director Carlisle explained that when the Planning
Commission's Update Committee completes their work on this question,
it will be submitted to the Planning Commission for their approval.
In answer to a question from Director Hess, Carlisle said this lot
split would be permissible under the proposed new rules for lot splits.
Carlisle explained the property is located in the growth area (outside
the city limits) and the request has been approved by Washington County.
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April 15, 1986
12.1 Director Hess,seconded by Orton, made a motion to grant the request.
Upon roll call, the motion passed, 5-1, with Director Johnson voting
in the minority.
NOMINATIONS
?2.2 Director Johnson, Chairman of the Nominating Committee, reported that
the committee met today and recommended the_ appointment of Don R. Clark
to the Advertising and Promotion Committee, to fill an unexpired term;
and recommended the appointment of Lonnie Meadows to fill a term ending
April 1, 1988 on the Board of Housing and Construction Appeals.
12.3 Director Johnson, seconded by Hess, made a motion to approve the recom-
mendations of the Nominating Committee. Upon roll call, the motion
passed, 6-0..
r
STREET COMMISSIONER APPOINTMENT
22.4 The Mayor introduced a resolution appointing a Commissioner on the
Board of Improvement for Fayetteville Street Improvement District
No. 59, tabled from the April 1 meeting. The Mayor explained that
Virginia McAllister has agreed to serve as a Commissioner.
12.5 Director Bumpass, seconded by Johnson, made a motion to approve the
resolution appointing Virginia McAllister as a Commissioner on the
Board of Improvement for Fayetteville Street Improvement District
No. 59. Upon roll call, the motion passed, 6-0.
RESOLUTION NO. 45-86 APPEARS ON PAGE
BOOK )(XVI)
CONCILIATION AGREEMENT
g7
OF ORDINANCE & RESOLUTION
22.6 The Mayor introduced a resolution authorizing the City of Fayetteville
and the Fayetteville Civil Service Commission to execute a Conciliation
Agreement submitted by the Equal Employment Opportunity Commission,
in connection with monitoring conducted by the EEOC regarding age
discrimination in employment.
22.7 Acting City Manager Murphy recommended the agreement be executed,
with the condition that the time limit be reduced from two years to
one year, and that the agreement be null and void if there is relief
due to congressional action on the issue.
22.8 Director Johnson, seconded by Bumpass, made a motion to approve the
resolution. Upon roll call, the motion passed, 6-0.
•
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RESOLUTION NO. 46-86 APPEARS ON PAGE
BOOK
April 15, 1986
OF ORDINANCE & RESOLUTION
•
EMPLOYEE ASSISTANCE PROGRAM
The Mayor introduced consideration of the continuation of the City's
Employee Assistance Program. He explained that the City's current
contract with Organizational Resources; Inc., expires on April 1,
1986.
Administrative Services Director Linebaugh recommended the continuation
of the contract and noted that Organizational Resources asks for a
4% increase in fee, or $5.20 per employee, a total of $1,700, below
the budgeted amount for the year.
Mary Jordan, speaking for Organizational Resources, Inc., presented
an annual report on the program. Jordan reported that, in the first
year of the program, 15 employees or family members received services
to include assessment and referral for professional help, as• well
as follow-up and evaluation. Jordan noted there were 12 separate
consultation sessions and 17 hours of supervisory employee training
sessions, conducted at the beginning of the year.
Jordan pointed out that statistics show that, in general, 18-25% of
the population probably has personal problems which would warrant
a need for professional help. Jordan stated she thought the usage
was lower than expected due to the reorganization. She said she had
received feedback from several departments that employees were hesitant
to use the service because they felt there might be a direct line
either to the Personnel Department or to the managers. Jordan stated
she has attempted to dispel this. belief. Jordan stated 5-8% is a
good usage of the program. Jordan recommended the Board consider
the costs of absenteeism or retraining of employees, in their consideration
of whether to continue the program.
Director Hess stated he thought the City had an obligation to the
employees to provide them an outlet for discussion of their personal
problems. Director Hess, seconded by Orton, made a motion to continue
the Employee Assistance Program and to grant the 4Z increase.
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Director Johnson stated she thought $150.00 per employee was an awful 123.6
lot of money to spend, in light of the cutting back in City services
next year.
Upon roll call, the motion passed, 5-1, with Director Johnson voting 123.7
in the minority.
RESOLUTION NO. 47-86 APPEARS ON PAGE j'7 OF ORDINANCE & RESOLUTION
BOOK XX✓/ 1
L,
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WASTEWATER TREATMENT PLANT
April 15, 1986
a4.1 The Mayor introduced a request from the Public Works Director for
approval to proceed with the addition of flow proportioning capabilities
to the automatic samplers at the City's Wastewater Treatment Plant.
The Mayor explained the necessary modifications are estimated to'cost
$3000 (less the savings of $1500 from purchasing a smaller refrigerator
for sample storage). The Mayor pointed out that this addition is
required by the Department of Pollution Control and Ecology.
a4.2 Director Johnson, seconded by Orton, made a motion to install the
automatic samplers and reduce the size of the refrigerator. Upon
roll call, the motion passed, 6-0.
AIRPORT ADVERTISING
24.3 The Mayor introduced a proposal for the City to enter into an agreement
with the advertising firm of Blackwood and Martin, to design an ad
campaign for the airport, in conjunction with airlines serving Fayette-
ville.
24.4 Administrative Services Director Linebaugh explained that Director
Bumpass had requested he review this proposal. Linebaugh reported
that $2500 is requested to pay Blackwood and Martin to design an ad
campaign, with $15,000 being requested by the City of Fayetteville,
to be matched by $15,000 from the airlines, for the actual advertising.
Linebaugh stated the staff recommends the $2500 be taken from the
Airport budget, 'with the $15,000 to be taken from the Advertising
and Promotion Fund.
24.5 Linebaugh explained the goal of the ad campaign would be to bring
in 15,000 additional boardings. Linebaugh reported that, if this
goal is met, and if the 15,000 persons are all visitors, the net potential
City revenues could amount to $83,196.
24.6 Director Bumpass noted that business to the City could be increased
by $927,000, and would put boardings at the airport in excess of 100,000
per year. Bumpass stated he hoped the advertising would point out
that competitive rates are available from the Fayetteville airport,
versus driving to Tulsa. Bumpass stated he hoped this cooperative
venture will continue to maintain a good rapport with the airlines.
24.7 Mayor Noland stated that Bill Clodfelter and Garland Melton, members
of the Advertising and Promotion Commission, were both very supportive
of this idea, although the Commission did not actually take any action
on this proposal.
24.8 Director Orton expressed her objections to an additional $15,000 being
appropriated and suggested instead the funds come from the existing
April 15, 1986
$60,000 Advertising and Promotion budget. Orton stated she still
felt "a modest amount for advertising and promotion" draws the line
at $60,000. Orton stated she thought this would take $15,000 from
the Arts Center Fund. In answer to a question from Orton, Linebaugh
reported that the trend on hotel occupancy over the last three years
has increased by better than 10% per year.
In response to Director Orton's suggestion that the $15,000 be taken
from the Advertising and Promotion Fund's present budget, Director
Hess explained that $12,500 of that budget is under contract with
the Chamber of Commerce and most of the remainder is under contract
with Blackwood and Martin for various advertising projects.
Director Johnson asked if $2500 was included in the Airport budget
for the design of the ad campaign. Airport Manager Dale Frederick
responded that only $1500 was available for the expenditure.
Director Hess, seconded by Bumpass, made a motion to enter into an
agreement with Blackwood and Martin to design an ad campaign for the
airport and that the City fund it for $15,000, with the proviso that
the airlines will also match that $15,000, with $2500 to be contributed
from the Airport Fund.
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Director Johnson stated she thought there should be a plan for the 125.5
advertising to reach communities such as Rogers and Siloam Springs.
Upon roll call, the motion passed, 5-1, with Director Orton voting 125.6
in the minority.
Director Orton stated she thought the airport should be advertised
but did not think the cost should come from the Arts Center Fund.
Director Johnson disagreed, stating the cost would not come from the
Arts Center Fund, but from the Hotel/Motel/Restaurant revenues which
are allocated to various needs as determined by the Advertising and
Promotion Commission.
OTHER BUSINESS
•
SETTLEMENT OFFER/POLICE OFFICER LITIGATION
125.7
Mayor Noland asked Director Bumpass if he wished to request reconsideration 125.8
of the settlement offer (re Larry Perdue et al v. City), as he had
indicated at the last Board meeting.
Director Bumpass stated he did not wish to request reconsideration, 125.9
commenting that "I don't think it's going to do us any good".
AML LEGISLATION FOR 1987
April 15, 1986
?6.1 Director Johnson announced that May 15, 1986 is the deadline for proposed
resolutions to be submitted to the Arkansas Municipal League for consid-
eration at the League Convention on June 15. Johnson asked that any
proposals be submitted to her prior to the May 15 deadline.
BOARD RETREAT
26.2 It was announced that a Board Retreat would be scheduled for Saturday
and Sunday, April 26 and 27, at City Hall.
POLYMER BID AWARD
26.3 Deryl Burch, Public Works Director, asked for consideration of the
award of bid for the purchase of polymer for the Pollution Control
Plant. Burch recommended the bid be awarded to the low bidder, Nalco
Chemical Company, which bid $196,146.05.
?6.4 Director Orton, seconded by Johnson, made a motion to accept the bid
of Nalco Chemical Company for polymer. Upon roll call, the motion
passed, 6-0.
ENGINEERING SERVICES AMENDMENT
26.5 The Mayor introduced consideration of
to the Agreement for Engineering Services,
taxiway reconstruction and runway, taxiway
26.6 Director Johnson, seconded by Bumpass, made
No. 1 to the Agreement for Engineering
the motion passed, 6-0.
RESOLUTION NO. 48-86 APPEARS ON PAGE ?/ OF ORDINANCE & RESOLUTION
BOOKXKVII
approval of Amendment No. 1
for terminal apron expansion,
overlays at Drake Field.
a motion to approve Amendment
Services. Upon roll call,
MUNICIPAL COURT ACCOUNTS RECEIVABLE
26.7 In answer to a question from Director Hess, Administrative Services
Director Linebaugh clarified that the City staff has begun a program
to administer collection of Municipal Court fines over ten days old.
Linebaugh said it was too early to determine whether there has been
an increase in the amount of fines collected since the program was
instituted. Linebaugh said the staff will provide the Board with
a monthly progress report.
April 15, 1986
PARKING TICKETS
Laurin Wheeler, Fayetteville resident, told the Board he received
a parking ticket for parking on the wrong side of the street on West
Shadowridge. Wheeler said he has been parking on the wrong side of
the street for seven years and he asked if the ticketing would continue
or if it was a random process. Wheeler asked why this enforcement
was not being carried out uniformly, particularly around the University.
The Mayor responded that it has always been illegal but just has not
been enforced. The Mayor asked the Acting City Manager to respond.
Murphy commented that the staff was examining this recent ticket situation
and hopes to have a resolution to it very shortly.
Director Bumpass stated he had pointed out to the staff in a letter
that there is quite a bit of illegal parking in the City, some of
which includes parking on sidewalks, which eventually breaks down
the sidewalks. Bumpass said he asked the staff to address the situation
and apparently the response was the issuance of hundreds of parking
tickets. Bumpass said, contrary to what some police officers have
told individuals, and contrary to what may have been reported in the
newspaper, he did not request that anyone be given a ticket. Bumpass
said he found the ticketing to be a question of "overkill".
MINUTES
The Minutes
corrections:
of the April 1 meeting were approved with the following
95.2 In line three, change "their" to "its"
95.5 In line nine, add "road" after "fuel farm"
107.7
ADJOURNMENT
In line one, after "the easement" add "Johnson said
it appeared from Warner's letter that their main cable
for Winwood I Subdivision is located in the easement."
In line
In line
In line
In line
two, change City" to "plaintiffs"
five, change "create" to "establish"
five, change "in" to "and recover"
five, change "on" to "from"
With no further business, the meeting was adjourned at 9:55 p.m.
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