HomeMy WebLinkAbout1986-06-03 MinutesMINUTES OF A MEETING OF THE FAYETTEVILLE BOARD OF DIRECTORS
164.1 A regular meeting of the Fayetteville City Board of Directors was held
on Tuesday, June 3, 1986 at 7:30 p.m. in the Directors' Room of the City
Administration Building, 113 West Mountain Street, Fayetteville, Arkansas.
PRESENT: Mayor Noland; Directors'Bumpass, Hess, Johnson and Lancaster;
City Manager Grimes, Department Directors Burch and Coates,
City Attorney McCord, City Clerk Kennedy, members of the
press and audience. '
ABSENT: Directors Martin and Orton
CALL TO ORDER
164.2 The meeting was called to order by the Mayor, with five Directors present.
The Mayor asked for a moment of respectful silence.
REPORT TO THE PUBLIC
164.3 Mayor Noland welcomed City Manager Don Grimes upon his return from a 6 -month
educational sabbatical. Grimes presented the monthly Report to the Public
and Board, touching briefly on some highlights of the sabbatical.
164.4 Grimes explained his sabbatical schedule which was approved by the Board
included attendance at a seminar each month and visiting cities chosen
for having a reputation for being progressive and innovative. Grimes noted
he was provided a list of cities from the International City Managers Associ-
ation and from Arthur Young and Company.
164.5 Grimes reported that in December he attended seminars in Orlando, Florida
on Downtown Revitalization and visited the City of Jacksonville, Florida
and the City of Savannah, Georgia (which has a reorganization and budgeting
process in place similar to that of Fayetteville).
164.6 Grimes reported that in January he attended a seminar in Topeka, Kansas,
on Understanding Human Behavior and Motivation, conducted by the Menninger
Foundation on Behavioral Sciences, and visited the City of Lawrence, Kansas.
He reported a visit to the City of Overland Park, Kansas which has computerized
traffic signalization and computerized emergency dispatching. Grimes reported
he visited the City of Liberty, Missouri which had rehabilitated its downtown
area.
June 3, 1986
Grimes reported that in February he attended a seminar titled' New Times -New 165.1
Strategies conducted by the LBJ Institute at the University of Texas at
Austin, and visited Wichita Falls, Texas to observe their disaster preparedness
program. Grimes said he visited Arlington, Texas and was impressed with
their computerization.
Grimes reported that in March he attended an American Management Associ-
ation seminar in Atlanta, Georgia on strategic planning, arid visited the
City of Virginia Beach, Virginia which has a computerized mapping system
of all land parcels within the city. Grimes reported he visited the City
of Charlottesville, Virginia, a community similar to Fayetteville.
Grimes reported that in April he attended an American Management Associ- 165.3
ation seminar at Newport Beach, California on interpersonal skills. Grimes
noted the City Manager of Newport Beach has 13 department heads reporting
directly to him and is considering a restructure similar to Fayetteville.
Grimes reported he visited the City of Santa Ana, California, a very large
and complex community. Grimes said he visited the City of Tempe, Arizona
which has a new employee performance evaluation system which was developed
with input from employees. Grimes said their Police Department videotapes
the booking process for'all DWI and major offenses, used by the Judge during
court proceedings.
Grimes reported he is working on a correspondence course, The Effective
Local Government Manager. Grimes commented that he needed the sabbatical,
enjoyed it and intended to prove it was a good investment. Grimes stated
he planned to work very closely with the three department directors as
a team and planned to lean heavily on them. He said the City needed the
reorganization and commented that, with 13 department heads and several
sub -heads reporting directly to him, he had gotten pulled down into the
day-to-day operations over a long period of time and did not have time
to do anything else. Grimes said he planned to spend about half his time
in the office and half of his time communicating -- spending more time
with Directors, civic groups, other governments, industrial and business
people in the community, as well as getting out in the field with the employ-
ees. Grimes remarked that a reorganization can be painful while it is
going on but is very common in municipal government. Grimes noted that,
in most places, it happens every three to five years, and is a good thing
over the long term.
165.2
Mayor Noland thanked the citizens of Fayetteville who voted on May 27,
. and especially those voters who chose to maintain the City Manager form
of government.
165.4
165.5
SESQUICENTENNIAL PRESENTATION
A presentation was made to entrants in a Sesquicentennial essay contest. 165.6
Presenting certificdtes and cash prizes to junior high school students
June 3, 1986
166.1 were Director Marilyn Johnson, local representative on the Sesquicentennial
Committee, Tom Lavender, Commander of the American Legion, Post 27, and
Joanne Livesay, representing the Auxiliary.
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166.2 Director Johnson reminded citizens that the Music Festival would begin
their celebration later this month and she urged participation in this
Sesquicentennial event.
ALLEY CLOSING
166.3 The Mayor introduced further consideration of a request for an ordinance
abandoning and vacating a 20' north/south alley between Eagle and Cleveland
Streets, west of Leverett Avenue; tabled at the May 20 meeting in an attempt
to accommodate an objection from an adjacent property owner regarding a
drainage problem.
166.4 City Attorney McCord noted correspondence in the agenda reflects that the
objection has been satisfied and he read the ordinance for the first time.
Director Bumpass, seconded by Johnson, made a motion to suspend the rules
and place the ordinance on its second reading. Upon roll call, the motion
passed, 5-0. 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 its third and final reading. Upon roll call, the motion
passed, 5-0. The ordinance was read for the third time.
166.5 In answer to a question from Director Bumpass, the City Attorney clarified
that an easement would be reserved.
166.6 The Mayor asked if anyone present wished 'to speak against the ordinance.
No public opposition was expressed. Upon roll call, the ordinance passed,
5-0, with Directors Martin and Orton absent.
ORDINANCE NO. 3188 APPEARS ON PAGE
XXIV
/4
OF ORDINANCE & RESOLUTION BOOK
REZONING/FAIRVIEW & BUCHANAN
166.7 The Mayor introduced an ordinance rezoning .6 acre of property, located
south of Fairview Street and west of Buchanan Avenue, from P-1 "Institutional"
to R-2 "Medium Density Residential". The Mayor pointed out that, although
the petitioner, A. Jan Thomas, Jr., originally requested rezoning to R-3
"High Density Residential", the Planning Commission voted, 9-0, to recommend
approval instead to R-2.
166.8 , 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
June 3, 1986
: ,on ,second;, -reading;.;•; Upon;. roll call; ; the- .motion passed.57.0,... The ordinance
was read for the second time. Director Bumpass, seconded by:sJohnson, made
a motion to further suspend the rules, -and! place the !ordinance on its third
andifinal; reading:,f:Upon rolls tally the.:•motion:passed.; 570: :.The ordinance
was read for the third time.
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The Mayor; -asked .:if anyone -.present ,wished oto .speak ;agaiinst the .ordinance.
No public opposition was expressed and, upon roll call, the ordinance passed,
5-0.
ORDINANCE NO. 3189 APPEARS ON PAGE 02 o
XX1.✓
OF ORDINANCE & RESOLUTION BOOK
REZONING/HWY 265 &,WHIPPOORWILL
The Mayor introduced an ordinance rezoning 1.5 acres west of Highway 265
,at :;Whippoorwill-: Lane, from -R-1 "Low Density Residential".:,to : P-1 :;',Insti-
tutional". The Mayor noted this rezoning was requested by..,the;?Arkansas
Conference Association of Seventh -day Adventists. The Mayor reported the
,,Planning Commission.recommended the rezoning.by,a.,9-0 vote.
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, 5-0. The ordinance
was read for the second time. Director Bumpass, seconded by Hess, made
a motion to further suspend the rules and place the ordinance on its third
and final ,reading.; Upon roll call,, ,,the motion, ,passed„ .570,,,. The.,ordinance
was read for the third time.
The Mayne;,;asked At -,:anyone ;preseut;fished:;to
,There i being „no-,publio,opposition .,expressed;,_
ordinance ;passed,,:5-0..
Speak.;:againstt,the1ordinance.
the:.roll•-was-<called-lend. the
ORDINANCE NO. 3190 APPEARS ON PAGE 022, OF ORDINANCE. & RESOLUTION BOOK
Xxr✓
ARCHEOLOGICAL SITE PROTECTION
The Mayor introduceda.request,from the State. Archeologist for documentation
concerning a commitment from the City to protect certain portions of the
:,archeological site located on the sludge management site.;
The Mayor noted the following methods of protection are proposed:
Lateral lipes;!in;the•site,;will.be relocated.;or eliminated;,_•,
- The contractor will be denied access ,to the area;
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167.7
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June 3, 1986
- A suitable grass cover will be planted over the entire site;
and
- The location and protection of the site will be addressed in
the Sludge Management System Operation and Maintenance Manual
168.1 In answer to a question from the Mayor, the City Attorney said the adoption
of a resolution incorporating those four points would be appropriate
168.2 Director Lancaster expressed concern regarding potential costs to the City
for maintaining the site as proposed. Lancaster suggested giving the property
to the State of Arkansas. The City Attorney stated he thought the principal
concern of the State Archeologist is that none of the artifacts be disturbed
during the evaluation process and, after the excavation is completed, the
maintenance requirements appear to him to be nominal McCord suggested
the staff consult with the Archeologist regarding the possibility of deeding
the property to them and at the same time, the staff pursue the extent
of the long-term maintenance costs and report back to the Board.
168.3 Director Johnson, seconded by Bess, made a motion to approve a resolution.
Upon roll call, the motion passed, 5-0.
RESOLUTION NO. 58-86 APPEARS ON PAGE /6,4 OF ORDINANCE & RESOLUTION BOOK
XXV0
COLLECTION SYSTEM CONSTRUCTION
168.4 The Mayor introduced consideration of the award of bid and a resolution
authorizing the Mayor and City Clerk to execute a contract for construction
of the City's collection system improvements for the Wastewater Treatment
Plant. The Mayor reported the low bidder to be Garney Companies, Inc.,
submitting a bid of $6,780,392.46. The Mayor pointed out the bid is above
the project estimate but is recommended by the engineering consultant.
The Mayor clarified that the project would include the construction of
the Mud Creek outfall pipeline. The Mayor noted that the Beaver Lake Advisory
Committee has unanimously suggested the City proceed with the construction
of theoutfall line, even though the City does not have a discharge permit
from the E.P.A. The Mayor reported that the State DPCE has said it would
support the City's efforts to obtain the EPA permit for the discharge into
Mud Creek.
168.5 Director Lancaster made a motion to approve a resolution authorizing the
Mayor and City Clerk to execute the contract. Lancaster commented that
this is the system which was promised the people when they voted for the
one -cent sales tax to finance the project. Director Johnson seconded the
motion.
168.6 Director Bumpass stated he thought an explanation was owed to the public
as to why the bid amount is approximately $1 million over estimate. John
.011-
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June 3, 1986
Quinn, speaking for McClelland Consulting Engineers, explained there were 169.1
two facets to the work -- the pump stations. and ,the,line, work..,, Quinn said
the estimate for the line work was extremely close to the. :bid price and
that the major difference in the total project cost resulted from a higher
bid .price for the pump. stations. than .the,_,estimate. _Quinn explained the
scope of the work changed during the design process. Quinn said the engineers
feel they wou,ld., not receive_ a , better price for the line work. if, it were
re-bid,and pointed.out.the City,must,have the line work completed by:January
1, 1987.
In answer to a question from Director Hess, Quinn said that the engineers 169.2
probably• underestimated., the costaf materials, ;but pointed,•.out, that the
bid..documen_ts ,included a. statement, that, if.the contractor did. not complete
the work by the deadline date,,, he would. assume liability for•damages incurred
by the City. Quinn said he thought this may also have affected, the bid
prices.
In answer to a question from Director Bumpass, Quinn said that expenditures 169.3
relating to the Mud Creek outfall line would amount ,to about:$6Q0-800,000.
Quinn said there will be a sampling station located at the end of the outfall
where it empties into Mud Creek.
In answer to a question from Director Hess, Dennis Sandretto of CH2M Hill 169.4
said the expenses for the pump station are eligible for federal funding
of 75% of whatever grant money is available to the City.
Director Bumpass remarked that treated effluent will run through some of 169.5
_the most affluent neighborhoods in ._Bumpass he thought
that, first of all, that was a risk ,and. secondly, it, serves, as a level
of confidence .the City ,has in the quality of the treated_ effluent it has
been, promised. Director Lancaster commented that when the City finally
decided upon the split -flow system, it won the support of Northwest Arkansas.
Lancaster said he feels the City will lose that support if it doesn't continue
with the project.
Upon roll call, the motion passed, 5-0.. 169.6
R£$OLUTION,;NO.,.59-86, APPEAR$, ON PAGE J �,7 • OF,ORDINAN_CE 6 RESOLUTION BOOK
XXVI(.�. r
SANITARY LANDFILL CONTRACT ,
The Mayor introduced consideration of the award of Bid 1/685 for a sanitary 169.7
landfill contract. The Mayor reported two bids were received -- Northwest
Arkansas Waste Management, Inc. submitting a monthly bid of •$10,635 and
Sunray of Arkansas, Inc. submitting a monthly bid of $16,910.85.
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June 3, 1986
170.1 Director Bumpass, seconded by Lancaster, made a motion to award the contract
to the low bidder.
170.2 Director Hess noted there were a number of violations for both bidders
but noted that the most recent violation issued to the low bidder was that
of transporting solid waste in. equipment that is not enclosed. Hess asked
if most of the rest of the violations had been corrected. A member of
the audience speaking for Northwest Arkansas Waste Management responded
affirmatively and also stated that the recent violation had been corrected.
170.3 Director Lancaster asked the City Manager if he concurred, noting that
in the past some research had been done regarding the mileage differences
between the two landfill sites. City Manager Grimes responded that the
mileage was similar between the two sites -- that there has been concern
expressed in the past about the proximity of the landfill to Beaver Lake
but that there have been no problems in that regard.
170.4 Upon roll call, the motion passed, 5-0.
RESOLUTION NO. 60-86 APPEARS ON PAGE 17 / OF ORDINANCE & RESOLUTION BOOK
XXVI!
V.A ACCESS ROAD
170.5 The Mayor introduced consideration of the award of bid for a construction
contract for an access road from the V.A. Medical Center grounds to North
College Avenue. The Mayor reported that the Veterans Administration has
contracted with the City to do the work and that the low bidder was McClinton -
Anchor, bidding $98,002.75.
170.6 The City Attorney explained that he had originally been requested to draft
a contract for the construction phase of the project but later was advised
that the V.A. staff was drafting a contract for his review. McCord recommended
the Board authorize the construction contract subject to approval of a
satisfactory contract with the Veterans Administration regarding cost reim-
bursement and contract supervision.
170.7 Director Lancaster, seconded by Johnson, made a motion to approve a resolution.
Upon roll call, the motion passed, 5-0.
RESOLUTION NO. 61-86 APPEARS ON PAGE /1/ OF ORDINANCE & RESOLUTION BOOK
170.8 Michael Flynn, Manager of Evelyn Hills Shopping Center, was present. He
requested the construction be expedited, and that the part of the road
which would meet up with the shopping center be built first. The Mayor
suggested Flynn talk with Public Works Director Burch regarding working
with McClinton -Anchor to see that this is done.
June 3, 1986
YORKTOWN SQUARE SUBDIVISION
The Mayor introduced a request from Director Johnson that the Board consider 171.1
hearing an appeal from a decision of the Planning Commission to approve
the preliminary plat of Yorktown Square Subdivision.
The City Attorney explained the ordinance requires a majority vote of the 171.2
Board of Directors for the appeal to be heard.
Director Johnson explained she filed a 'Notice of Appeal with the City Clerk 171.3
today because when she read the Planning Commission's minutes it was difficult
for her to determine. whether or not there was adequate ingress and' egress
to the subdivision.
Director Bumpass, seconded by Johnson, made a motion to hear the appeal. 171.4
Upon roll.call,'the motionpassed,.5-O. .
The Mayor explained the preliminary plat was approved by the Planning Commission
on May 27 by a vote of 5-4. Noland said the Board had received correspondence
from some members of the Commission regarding this item, and most Directors
have received calls from residents in the area Noland said he thought
there were two major issues -- concern among citizens that there be a second
access as the project develops and, secondly, concern about traffic safety
on Stubblefield Road.
Director
the plat
of Phase
plat for
Phase 2
egress.
171.5
Johnson noted that Commissioner Green, in his motion to approve 171.6
as presented, made no mention of ingress and egress or division
1 from Phase 2. Director Johnson moved to grant approval of the
Phase 1 only and to instruct the Planning Commission to approve
only if there are one or more additional points of ingress and
Director Hess seconded the motion.
In answer to a question from Director Hess regarding the legal possibilities 171.7
of an access point to Masonic Drive, the City Attorney said there is precedent
for the City exercising its power of eminent domain to condemn right-of-way
for a public street to provide access to a subdivision, with the developer
reimbursing the city for condemnation costs,, and paying for the costs of
constructing the street. It was clarified that the streets within the
Summerhill Addition are public streets.
Wade Bishop, developer of Yorktown Square, commented that it was unreas- 171.8
onable to expect him to change the street configuration, maintaining that
the entire, layout must be designed before plans can be made for utility
systems. McCord clarified that, according to the motion, the final plat
for Phase 2 would not be approved until the developer made provisions for
construction of additional ingress and egress, as reflected on the preliminary
plat. Director Hess stated his intent in seconding the motion was never
to change the street configuration, just that there be another means of
ingress and egress where street stubs, are already shown.
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June 3, 1986
172.1 Director Bumpass asked Bishop what he understood his contribution to be
for Stubblefield Road improvements. Bishop stated he understood that,
when requested, he would be required to bring the north half of the road
up to City specifications, including curb and gutter and storm drainage.
Bishop said this would not include a sidewalk, as the Master Plan shows
the sidewalk to be required on the other side of the street.
172.2 Bishop said he thought it most unusual to approve only the first phase
of the plat. The City Attorney stated it was very common for a developer
to request approval of a subdivision in phases. McCord clarified that
Bishop had not made such a request but had obtained Planning Commission
approval of the preliminary plat for the entire subdivision.
172.3 Mel Milholland, engineer for the subdivision, stated he thought the preliminary
plat for the entire subdivision should be approved, as far as the street
layout is concerned. Milholland asked for time to discuss the question
of an additional ingress and egress point with Bishop. The City Attorney
stated he saw no problem with the motion being modified to approve the
preliminary plat for the entire subdivision, with the request to the Planning
Commission that final plat approval be contingent upon the developer providing
at least one, if not two, additional points of ingress and egress at such
time as Phase 2 is ever developed. Milholland and Bishop left the meeting
to discuss the issue before the Board.
172.4 Planning Commissioner Stan Green told the Board that four Planning Commissioners
were satisfied with the plat as it was approved. Green said he thought
a minority of the Planning Commissioners feel the second ingress/egress
is necessary before Phase 2 is approved.
172.5 The City Attorney asked if the Planning Commission had an established policy
that a subdivision shall have one point of ingress and egress for each
forty houses. Green said the Commission did not have such a policy. Green
said the Commission approved four or five phases of the Park Place Subdivision,
including more than 100 living units, with one point of access off Highway
45. Green said the Commission made it clear that before any additional
phases could be approved, it would expect that a provision be made for
gaining access to Highway 265. Green said there is only one ingress/egress
into the Lovers Lane/Canterbury subdivision which contains about 60 lots.
Green said he has observed that many people prefer to live on cul de sacs
and don't wish to live in a subdivision which has a lot of through streets.
Green said in his opinion the Planning Commission did not have a precedent
for preventing this subdivision from being approved. Green said he thought
four Commissioners felt the plat as presented provides for additional ingress
and egress in the future, because of the street stub -outs shown on the
plat. Green said four Commissioners did not feel the number of units proposed
present a safety hazard. Green added that the four Commissioners who signed
a letter to the Board felt the Planning Commission had addressed the issue
adequately and did not feel an appeal should be heard by the Board.
June 3, 1986
Director Bumpass, pointed out that additional subdivisions could be built 173.1
to the north or east of Bishop's subdivision which would compound the access
problem.
Director Lancaster pointed out that any plat can be approved as it is presented
but suggested to Green that, as a planner, he should also consider a develop-
ment's place in the future.
173.2
Director Hess suggested it would help if there were an ordinance which 173.3
would specify a number of ingress/egress points in relation to the number
of dwelling units in a subdivision. Green stated he did not think .that
was necessary because he didn't mind making the judgment in each case.
the City Attorney remarked that -the subdivision regulations now require
that the streets be designed to provide safe vehicular and pedestrian traffic.
McCord said he thought that standard was sufficient for the Planning Commission
to exercise its discretion based uponthe topography of a _given area and
the layout of a particular'subdivis'ion. `
Milholland said if the motion passed, Bishop would be required to subdivide 173.4
another tiact of land before he completes Phase 2 of the` subdivision at
issue. Milholland asked`if the Board would approve the whole layout if
there is a guarantee of another point of ingress and egress when part of
Phase 2 is'con`structed. The City :Attorney 'advised that 'the 'Board could
approve the preliminary plat foi the' entire subdivision with approval' of
the final plat to be contingent upon the developer providing a second point
of ingress and. egress „satisfactory to,(the_ Planning. Commission. It was
agreed that such' a 'mo€i on would liave' the same°meaning as f the 'mo't�i on .made
by Director Johnson.
Director Johnson, with Director Hess agreeing, rephrased her motion — 173.6
that preliminary approval be granted for Phase 1 and 2, With final approval
conditioned upon another point of ingress/egress to an existing street
for Phase 2.
Jim Boyd addressed the Board, remarking that the citizens of Fayetteville 173.7
have not been heard on this issue. Boyd said it appeared to him that the
Planning Commissioners were already divided when this issue came up, that
they didn't want to hear from the citizens, but pretended to listen, and
then voted as they had already decided. Boyd said it was apparent that
Commissioner Green had become an advocate for the subdivision, and did
not appear to be representing the Planning Commission.'' Boyd asked the
Directors not to allow themselves to become emotionally involved in this
case, and not to take a position for reasons other than for the good of
the citizens of Fayetteville. '
Boyd commented that Stubblefield Road is dangerous now, is narrow and has 173.8
big ditches on both sides. Boyd said 'if the 'Subdidision'is• built 'with
80 houses, one access, and no -improvements to' S'tubblefield', children will
.be crippledand killed as a direct result., The Mayor commented that there
would only be about 32 homes built' as a"result bf Phase . 1','' poi`nting out
June 3, 1986
174.1 that the motion before the Board would mean that, before Phase 2 can be
completed, another point of ingress and egress must be provided. Boyd
remarked that there was no plan for a park or recreational spot for the
people of the subdivision.
174.2 Wade Bishop maintained that 40-50 citizens attended the public hearing
on this subdivision and those speaking were heard with compassion and sympathy
by the Planning Commission. Bishop explained that he was required to pay
a parks fee in lieu of dedicating land for a park, and that there wasn't
a minimum size lot in the subdivision. Bishop suggested that residents
form an improvement district to make a safe street. Bishop commented that
remarks about Commissioner Green being an advocate for the subdivision
were unkind.
174.3 Grant Smart, resident on Stubblefield Road, expressed concern that there
be suitable ingress and egress maintained. He described hazards of driving
on Stubblefield. In answer to a question from Smart, the Mayor said that
Wade Bishop would be required to improve about 700 feet of the road Director
Johnson pointed out that a Bill of Assurance has been recommended, that
Bishop would pay for his share at such time as the City decides the entire
road should be improved. Smart also said it would ease the feelings of
some people if a privacy fence could be installed, since the layout is
such that the back door of the houses will be facing the front doors of
houses on Stubblefield.
174.4 Director Lancaster moved to amend the motion to state that, if it is agreeable
with Wade Bishop to open an access onto Masonic, the City obtain the right-
of-way for the street to Bishop's property to the north; and to authorize
Stubblefield Road to be presented before the Street Committee to build
what improvements are necessary to correct the hazards.
174.5 Director Johnson said that, although she felt the Board was obligated to
provide for another access, she did not think the Board should decide the
point of access.
174.6 There was no second to Director Lancaster's motion.
174.7 Jerry Seiff, resident of the
of blockage of the one road
not have access.
area, expressed concern that, in the event
to the subdivision, emergency vehicles may
174.8 Dr. John Vinzant, resident on Summerhill, told the Board that Butterfield
School had just been depopulated and that this additional housing will
repopulate the school which has no plans for expansion.
174.9 Director Johnson 'rephrased her motion — to approve the preliminary plat
for Phases 1 and 2 of this subdivision and to instruct the Planning Commission
that, before final approval for Phase 2 is granted, another point of ingress
and egress be made to an existing street. Upon roll call, the motion passed,
5-0.
June 3, 1986
Director Hess asked that the staff appraise Stubblefield Road.• .Bumpass 175.1
spoke in favor of the area residents and the City participating in an improve-
ment.district.1 Hess suggested the staff provide information on costs.
OIL & GAS LEASE
The Mayor introduced a request, from I -AM -CO for approval of a three-year 175.2
oil and gas lease, to allow drilling on City property in the area of the
Wastewater Treatment Plant project.
Bill Smith spoke on behalf of I -AM -CO and said that they agreed to lay 175.3
the lines temporarily, with all locations to be approved by the City Engineer.
Mayor Noland asked the staff for a recommendation. Public Works Director 175.4'
Burch stated there were a lot of questions yet to be answered and he wished
to defer making a recommendation.
In answer to questions from Director Bumpass, Smith noted the City could 175.5
receive monthly royalties and use of any gas that is found.
The City Attorney told the Board that, if they wish to pursue the execution 175.6
of a lease, the standard form lease .will require substantial revisions
because of the sensitive nature of the area involved and because of the
archeological site,
Director Hess stated he had no problem with the request as long as the 175.7
archeological.site is safeguarded.,, .. ._
Director Johnson said she thought the timing was wrong because of the sludge 175.8
management project going on at the same time.
Director Lancaster spoke in opposition to any oil companies drilling on 175.9
city property, commenting that he did not think the City would ever realize
enough profit.
Burch stated the staff's main concern is the time it would take to get 175.10
a legal description accepted; and concern about the cost-effectiveness
of having inspectors on the site while the work is performed
Director Bumpass, seconded by Johnson, made a motion to table consideration
for at least a year or until City improvements are in place. Upon roll
call, the motion passed, 5-0.
175.11
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CONDEMNATION
June 3, 1986
176.1 The Mayor introduced a request from the City Engineer for approval to condemn
property needed to provide sewer service to a commercial establishment
currently under construction, located south of Highway 16 West and west
of Shiloh Drive. The Mayor reported this request was discussed at a Board
Water and Sewer Committee meeting.
176.2 Director Johnson, seconded by Lancaster, made a motion to grant permission
to condemn the property.
176.3 The Mayor said the developer has agreed to pay the cost of condemnation
and construction. It was clarified that an unsuccessful attempt had been
made to obtain an easement from the owner.
176.4 Upon roll call, the motion passed, 5-0.
RESOLUTION NO. 62-86 APPEARS ON PAGE /pt OF ORDINANCE & RESOLUTION BOOK
CONDEMNATIONS
176.5 The Mayor introduced a request from the City Engineer for authorization
of condemnation proceedings against five tracts of land, in connection
with sewer line improvement right-of-way grants and temporary construction
easements associated with the Wastewater Treatment Plant project.
176.6 Director Hess, seconded by Bumpass, made a motion to approve the authori-
zation. Upon roll call, the motion passed, 5-0.
RESOLUTION NO. 63-86 .APPEARS ON PAGE /17 OF ORDINANCE & RESOLUTION BOOK
XXVII
SEWER RELOCATION
176.7 The Mayor introduced a request for authorization to execute an agreement
between the City and its Sewer Department for reimbursement of expenses
involved in the relocation of sewer lines at Old Missouri Road and Mud
Creek.
176.8 Director Johnson, seconded by Hess, made a motion to approve the request
for authorization. Upon roll call, the motion passed, 5-0.
yRESOLUTION�NO. 64-86 APPEARS ON PAGE f 9 3 OF ORDINANCE & RESOLUTION BOOK
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June 3, 1986
PERSONNEL COMMITTEE REPORT
Director Johnson reported on the Personnel Committee meeting of May 29, 177.1
1986. Johnson said job descriptions for department directors were reviewed
and the committee recommends approval.
Director Johnson, seconded by Hess, made a motion that the department director 177.2
job descriptions be approved. Upon roll call, the motion passed, 4-0,
with Director Bumpass not present at roll call.
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Director Johnson, seconded by Hess, made a motion that the Administrative 177.3
Assistant position in the Parks Department be moved to Pay Grade 16, with
a new job description and new_job.title of Assistant Parks and Recreation
Director. Upon roll call, the motion passed, 4-0, with Director Bumpass
not present at roll call.
OTHER BUSINESS
KLINGER LETTER/PROPOSED SALE OF PROPERTY
Mayor Noland suggested the letter from Timothy Klinger proposing sale of 177.4
property to the City for a nature park be referred to the Parks and Recreation
Advisory Board.
Director Johnson, seconded by Hess, made a.motion to refer the letter to 177.5
the Parks and Recreation Advisory Board.
BILLMAN LETTER/CONSERVATION
-Mayor Noland suggested the letter from Thomas Billman regarding his ideas 177.6
about conservation of green areas be referred to the PRAB as well.
Director Johnson, seconded by Hess, made a motion that both the Klinger
and Billman..letiers be referred to the -Parks and Recreation Advisory Board.
Upon roll call, the motion passed, 4-0, with Bumpass not present at roll
call. -
JUNE 17 BOARD MEETING CHANGED
Because of a conflict with an Arkansas Municipal League meeting., .it was
decided to reschedule the June 17 Board meeting for Wednesday, June 18.
177.7
177.8
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FAA GRANT
June 3, 1986
178.1 Public Works Director Burch reported a grant is expected;,to. be,, received
from the FAA for terminal apron reconstruction and taxi overlay, in the
amount of $765,000. Burch asked the Board for permission, to accept. the
grant when it is received. : ..J A._..U. L.;.,
178.2 Director Lancaster, seconded_byJohnson,,made a motion to accept the grant
when it is received.- Upon roll call; the motion passed, 4-0, with Director
Bumpass not present at roll call.
,4.1 ,. _ 3:.;. ..i >_ ts,..: ....... :.ti :.. ..
„RF�SOT UTION,�, NO.,.;65-86. APPEARS DN PAGE _. -;q l . . OF ORDINANCE' 6,, RESOLUTION ;BOOK
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CITIZEN COMMENTS REGARDING 'DRUGS
178.3 Marlene Ray addressed the Board, expressing her concerns regarding, drugs
in the parks system, particularly at the south. pavilion of the Fayetteville
park on Zion Road. Ray asked that this issue be addressed at the Board
Retreat. Ray said she thought the site needed either to be closed down
or cleaned up Ray added that she thought there was a serious problem
with drugs in. ,the. schools. Ray said, she is_planning;a p,rogram,:which will
be presented by narcotics agents and she invited the Board to attend.
It was agreed that, rather than scheduling this issue at the Retreat, Ray
would notify the Board of the date and time of the presentation so that
they might have an opportunity to attend.
TAXICAB FARE INCREASE
178.4 A citizen in the audience asked for Board
base rate for taxi fare from $1.25 to,'$2.
the same. He stated that the rate, change,
in insurance costs.
approval of a raise in the present
00,2with mileage charges ,,to ,remain
is necessary, because of an,inctease
178.5 Director Johnson, seconded by Bumpass, made a motion to grant approval
of; the, igtrofse;. J.n,,.base, rate„ from, $1.,25 ,;to ;$2.09..__,Upon ,roll call,, the
motion passed, 5-0. The citizen making the request noted that heiwished
to make the rate change effective tomorrow.
178.6 The City_Attorney read,,, an,,ordinagde._for.,the,..first time. Director Bumpass,
seconded by Johnson, made a motion to suspend the;rules and place the ordinance
... on.,secpnd;.,reading.. .Dpon:roll,call,, the_motion passed,_570.,, 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 its third
and final reading. Upon roll call, the motion passed, 5-0. The ordinance
was read for the third time.
June 3, 1986
The Mayor asked if anyone in the audience wished to speak against the ordi-
nance. No public opposition was expressed, the roll was called and the
ordinance passed, 5-0.
ORDINANCE NO. 3191 APPEARS ON PAGE _. „27 "_ OF ORDINANCE & RESOLUTION BOOK
XX/1/
MINUTES
The Minutes of the May 20 meeting were approved with the following addition:
159.6 Add "It was clarified that some of the guns were confiscated
property in the possession of the Police Department."
ADJOURNMENT
With no further business before the Board, the meeting was adjourned at
about 10:40 p.m.
179.1
179.2
179.3