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HomeMy WebLinkAbout1977-04-19 MinutesI The Board April 19, Building. PRESENT: ABSENT: MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS April 19, 1977 of Directors of the City of Fayetteville met in a regular session on 1977, at 7:30 p.m., in the Director's Room of the City Administration City Manager Don Grimes; City Attorney Jim McCord, City Clerk Darlene Westbrook; and Directors Ernest Lancaster, John Todd, Paul Noland, David Malone, Philip Colwell, and Marion Orton. Al Hughes OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER AND APPROVAL OF MINUTES Mayor Ernest Lancaster called the meeting to order. Following a moment of respectful silence and roll call, the Mayor asked if amendments to minutes of the April 5 meeting were necessary. Director Orton noted the incorrect spelling of a citizen's name appearing on page 369 and that the name should be spelled "Buchey". She also requested the deletion of the word "to" appearing in the first line of page 381. Director Todd requested paragraph 376.3 be amended to clarify that Malone's motion was to amend Nomination Committee policies and procedures by adding the policy statement regarding criteria to be used in selection of appointees to various boards and commissions. The City Attorney requested paragraph 381.6 be amended to add: "...and a hearing on the petition for a temporary injunction was scheduled for April 7." Director Colwell requested 377.2 be amended to reflect that he had family interest in two of the eight parcels proposed for purchase by the district. There being no further amendments necessary, the Mayor declared the minutes approved as amended. RESOLUTION AUTHORIZING MEMORANDUM OF INTENT - Act 9 Bonds / Hackney Brothers Hackney Brothers Body Company, optionee for purchase of 28.8 acres of indus- trial Park property, had approached the City about the possibility of issuing Act 9 bonds for the purpose of constructing and equipping a manufacturing plant for lease by that company. The City Attorney explained that recent legisla- tion had changed the requirements of Act 9 bond issues in that an election to approve such bond issues was no longer mandatory; provided, prior to Board action to approve the issue, ten days public notice was given and a public hearing held. Mr. Lynn Wade, legal counsel representing Hackney Brothers, addressed the Board and gave a brief history of the company. He explained that the company planned an initial construction of approximately 45,000 square feet and would immediately employ 383 383.1 383.2 383.3 383.4 383.5 383 383.6 383.7 up to 50 persons. The plant would manufacture dairy refrigerator truck bodies and would ultimately be expanded to 200,000 square feet and employ 200 persons. The manu- facturing processes would not contribute to air or water pollution. 384.1 Wade said that proceeds from an Act 9 bond issue would be used to purchase the land and to construct and equip the building. Title to the land and improve- ments would be in favor of the City and the company would execute a lease agree- ment with the city and lease payments would be pledged to retire the bonds. Wade assured the Board that Hackney would also execute an agreement whereby the company would make an annual payment in lieu of ad valorem taxes. The resolution, Wade stated, would merely authorize the memorandum of intent and would not, at this point, obligate the Board. He reminded the Board that the bonds would not be a general obligation of the City and, in the unlikely event the company would default in its lease payments, only the building, equipment and land would be subject to a bondholder mortgage lien. 384.2 The City Attorney read the resolution to authorize the memorandum of intent. Director Noland, seconded by Todd, moved adoption of the resolution. The recorded vote was: Ayes: Orton, Todd, Noland, Malone, Lancaster, Colwell Nays: None Absent: Hughes The Mayor declared the resolution passed. RESOLUTION NO. 30-77 APPEARS ON PAGE 144 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE REZONING PROPERTY - R77-8 / Mary E. Porter, petitioner 384.3 The proposed ordinance, read the first time by the City Attorney, would rezone a five acre tract located on the east side of Porter Road, approximately 300 feet north of Lawson Street, from R-1 Low Density Residential to P-1 (Public) Institu- tional. 384.4 Director Orton, who noted that the request to rezone was made to allow construc- tion of a church facility, advised that other churches had been approved in R-1 classifications as conditional use and that approval of this request would create a precedent of rezoning land P-1 specifically for location of a church. Although she did not object to construction of a church, she did object to approving the P-1 classification which would allow several other uses which would not be compatible in an R-1 district should the property ever cease to be used for church facilities. She moved that the ordinance be tabled and the petitioner request the Planning Commission to approve a conditional use under the R-1 classification. The motion died for lack of second. 384.5 Mr. Don Nichols was present to represent the Calvary Baptist Church and assured the Board that the only intended use for the property under the P-1 classification was for construction of a new church facility. He said they realized that churches were allowed in R-1 classifications as a conditional use but that they were allowed as a use -by -right under the P-1 classification. Nichols presented the Board with a copy of a petition which had been signed by adjacent property owners who supported the rezoning request. When questioned whether Porter Road would be paved in conjunc- tion with the construction, Mr. Nichols stated he was not prepared to address the question but did state that the Church would "go our part" in a paving improvement district. 384 Following further discussion, Director Malone moved the request be referred back to the Planning Commission.with instructions to take the matter up as first item of business at its next meeting and that the Board go on record as indicating to the Planning Commission the Board's feeling that the request should be treated as a conditional use request for church property in the R-1 classification. The motion was seconded by Orton and the recorded vote was: Ayes: Orton, Todd, Noland, Malone, Lancaster, Colwell Nays: None Absent: Hughes The motion was declared passed and the ordinance was left on first reading. SIGN APPEALS 385 385.1 385.2 N GOULD, INC. - 3265 South School The petitioner had requested a variance to erect a 24 -foot high by 4 -foot wide 385.3 __ sign and had requested the Board to make an interpretation of the sign ordinance to determine whether a pylon covering the sign standard would be considered a part of the sign. The petitioner contended the actual sign would measure 20 square feet since 385.4 lettering.would be contained in a 5 -foot by 4 -foot area. He said the sign design was a standard design used by the company. Director Malone was concerned that the pylon covering would actually allow for 385.5 a larger sign area since the covering was of the same material as the actual sign face. He believed that other businesses might use a similar design as a means of bypassing ordinance requirements limiting sign size. Mayor Lancaster suggested the pylon cover be adjusted to comply with the sign ordinance without creating a hard= ship for the company. 'Director Malone, seconded by Todd, moved to deny the variance request. The recorded vote was: Ayes: Orton, Todd, Noland, Malone, Lancaster, Colwell Nays: None Absent: Hughes The motion was declared passed. ORTHOPAEDIC - NEUROLOGICAL CLINIC - 907 E. Joyce The petitioner had requested a variance to allow an 18 -square foot wall sign. The petitioner was represented by Mr. James Vizzier who stated that the sign was designed and built in Dallas. Although the Dallas company had been advised of the sign regulations, the sign's background extended 10 to 12 inches further than the letters, causing the sign area to exceed the maximum size allowed by ordinance. Removal of the extending portion of the sign would expose the large bolts anchoring the sign to the building. Vizzier stated that the sign's design was attractive and was complementary to the building's architecture. During discussion, the Board noted that the building was located in an isolated area. They also agreed that the sign was a complement to the building design. Director Malone, seconded by Colwell, moved the variance be granted to allow an 18 -square foot sign. The recorded vote was: Ayes: Orton, Todd, Noland, Malone, Lancaster, Colwell Nays: None Absent: Hughes The motion was declared passed. 385 385.6 385.7 SIGNA LUME SIGN COMPANY 386.1 The Signa Lume Sign Company had requested temporary variances for three billboards located in I-1 and A-1 zones which, in order to comply with the sign ordinance, would have to be removed. The petitioner had requested variances to allow the bill- boards to remain until conclusion of a pending lawsuit filed by another sign company. Mr. Jack Capron, representing the petitioner, stated his company was not aware it was in violation of city ordinance. He told the board that Signa Lume had complied with state requirements and had secured state permits for the billboards. 386.2 The City Attorney advised the Board that the pending litigation would probably not be decided for a least a year. He clarified that the original sign ordinance prohibited off-site signs (billboards) in A-1 and I-1 zoning districts but that continuance of existing billboards was allowed until expiration of the sign leases. Later amendments to the sign ordinance provided for amortization periods which had been held as constitutional subject to test of reasonbleness as applied to any particular sign. McCord reminded the Board that it had in the past denied variances sought *petitioners not party to pending litigation or injunctions against the City and advised that Signa Lume was not a party to the pending litigation. 386.3 Director Orton, seconded by Malone, moved the variance be denied. Malone stated that, until a court decision was received to the contrary, the Board considers its sign ordinance constitutional and would continue to enforce its provisions. The recorded vote was: Ayes: Orton, Todd, Noland, Malone, Lancaster, Colwell Nays: None Absent: Hughes The motion was declared passed. APPROVAL OF APPROPRIATION FOR ADVERTISING FUNDS - Fayetteville Planning Commission 386.4 The Fayetteville Planning Commissionand requested appropriation of funds with which to finance placement of newspaper advertisements of Planning Commission agendas. The City Attorney informed that the Commission had expressed concern that the public is not made aware of what is to transpire at Planning Commission meetings prior to each meeting. Director Orton, seconded by Todd, moved funds be appropriated to account 4840 for the advertising expense. 386.5 During discussion, Director Todd asked if a recent study had been conducted regarding costs involved for Planning Commission meetings and whether or not the filing fee was sufficient to cover the costs. The City Manager replied that current information was not available but Building Inspection SuperintendentHarold Lieberenz was of the opinion that the fees did not cover the costs involved. The Mayor suggested the appropriation be approved and that further study be conducted regarding financing of Planning Commission activities. Director Todd felt the appropriation should be periodically reviewed. Colwell was concerned that other city boards might make similar requests and believed the news media should make a greater effort to keep the public informed. 386.6 Following further discussion, the Mayor asked if the motion to approve the appropria- tion should pass. The recorded vote was: Ayes: Orton, Todd, Noland, Malone, Lancaster, Colwell Nays: None Absent: Hughes The motion was declared passed. 386 10 N • 387 ORDINANCE ADOPTING FLOOD PLAIN REGULATIONS The City Attorney advised that, in his opinion, the ordinance could be construed 387.1 as a technical code which could be adopted by reference following publication of the necessary public notice. According to Building Inspection Superintendent Harold Lieberenz, the ordinance 387.2 would incorporate certain changes in the flood plain management ordinance to com- ply with the most recent federal regulations. The most significant change would require issuance of permits to those persons desiring to fill or dredge in areas of navigable streams.,,, He said the proposed ordinance would replace the original flood plain ordinance and, unless adopted by the City, would allow Fayetteville to continue to be a qualified participant in flood insurance programs. Despite com- plications and increased paper work, Lieberenz believed the city's participation in the flood plain control program was important and made it possible for citizens to obtain flood insurance at a nominal cost. No action was taken by the Board pending publication of notice of public hearing 387.3 regarding adoption of the regulations. RESOLUTION APPROVING PURCHASE OF PUBLIC LIABILITY INSURANCE FOR PUBLIC OFFICIALS The City Manager recommended the Board consider approval of a resolution to authorize the purchase of liability insurance policies for city officials, em- ployees, and members of some city commissions. The insurance would be available through the Unimark-McDonald Company and is sponsored by the National League of Cities and the International City Managers Association. He believed that city officials, employees and members of some commissions should be protected from private lawsuits which could be filed against them as a result of decisions made during the course of fulfilling their duties for the city. The City Manager also recommended that the protection be extended to the fire and police chiefs and to the airport manager. If the Board felt it necessary, he said he would also request that the protection be provided for members of the Parks and Recreation Board. Following discussion, the City Attorney read•the resolution to authorize the purchase of the insurance. Director Malone, seconded by Noland, moved adoption of the resolution. The City Manager informed that funds for the insurance would come from the General Fund insurance expense line item and would result in an overrun for that account. The recorded vote was: Ayes: Orton, Todd, Noland, Malone, Lancaster, Colwell Nays: None The Mayor declared the resolution passed. RESOLUTION N0. 31-77 APPEARS ON PAGE 148 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION EXPRESSING BOARD POSITION REGARDING COMMUNITY DEVELOPMENT STREET PROJECTS The City Manager stated he had directed the City Attorney to draft a resolution which would state the Board's position regarding the use of Community Development funds for through street projects which would benefit larger numbers of citizens. He said the resolution was drafted in response to what he thought were indications from the Board that such a resolution was desired. Director Hughes, Chairman of the Board Street Committee, had indicated approval of the resolution, Grimes stated. In effect, the resolution would shift emphasis from street projects involving short residential streets serving small numbers of people to those streets which would serve as through streets. 387 387.4 387.5 387.6 388.1 Director Orton expressed considerable objection to the resolution and felt it to be unnecessary since the individual members of the Board had opportunity to appear at Community Development Committee meetings to express their desires. Orton cautioned that Fayetteville should not place its CD program in jeopardy by trying to complete projects which would not comply with income qualifications of the CD program. Noland was in disagreement with Director Orton and believed the Board should make a formal statement prior to discussion of the 1978 CD plan. He emphasized that the Board was not intending to eliminate small street projects but to provide some emphasis for the necessity of through streets. 388.2 The Board concurred with a suggestion by Director Todd that the resolution provide that the CD Committee emphasize qualified streets that benefit the largest number of citizens. The City Attorney then read the resolution. Director Noland, seconded by Todd, moved adoption of the resolution. The recorded vote was: Ayes: Orton, Todd, Noland, Malone, Lancaster, Colwell Nays: None Absent: Hughes The Mayor declared the resolution passed. RESOLUTION NO. 32-77 APPEARS ON PAGE 149 OF ORDINANCE & RESOLUTION BOOK V AWARD OF BIDS Bid 346 - Buildings & Grounds Tractors 388.3 The Purchasing Officer recommended award of bids for one large tractor with brush hog and one large tractor with roadside maintainer to Scott Equipment Company of Springdale in the amount of $15,562.36 and $13,647.36 respectively. 388.4 Director Todd questioned why one mower could not be purchased and used during two different shifts. The Purchasing Officer informed that two mowers are frequently needed to complete mowing jobs and that one mower could also be used as a loader. Both units are to be diesel. Director Malone, seconded by Orton, moved the recommendation be accepted. The recorded vote was: Ayes: Orton, Noland, Malone, Lancaster, Colwell Nays: None Absent: Hughes Abstain: Todd Community Development Housing Rehabilitation Project - 2016 Stone Street & 17 N. Willow 388.5 The bid was recommended to be awarded to Pyramid Building and Restoration for 2016 Stone Street in the amount of $4,985.00 and to King and Carraro Construction in the amount of $3,538 for a project located at 17 North Willow. Director Orton, seconded by Noland, moved acceptance of the recommendation. The recorded vote was: Ayes: Orton, Todd, Noland, Malone, Lancaster, Colwell Nays: None Absent: Hughes The motion was declared passed. Bid 347 - Vehicles 388.6 The Purchasing Officer made the following recommendations for purchase of vehicles for various city departments. 388.7 1. Award of bid for two small pickups to the low bidder, Houston Taylor Motors, in the amount of $3,590.50 each as replacements for pickups used by the water meter reading division. 388.8 2. Award to the low bidder, Whit Chevrolet, a bid of $4,426.76 for one 3/4 ton pickup as a replacement for a Building and Grounds vehicle. Funds for the vehicle 388 N Tr .a. an 4989 were budgeted in Revenue Sharing Account number:7714. 3. Award of bid to low bidder, Lewis Ford, for one, 25,500 GVW truck chassis with 389.1 dump bed in the amount of $13,539.17. Also, that an additional $2,539.17 be appropriated to fund the purchase. 4. Award of bid for one, 24,000 GVW truck chassis to Lewis Ford in the amount of 389.2 $8,257.00; and one, 2 ton pickup without bed to Houston Taylor Motors for $4,150.66. Both vehicles would replace Sanitation equipment and purchase of the vehicles was budgeted in the Sanitation Depreciation Fund. 5. The Purchasing Officer had not prepared a recommendation for the award of a 389.3 bid for a 11/2 ton pickup with bed for the Street Department. Mackey told the Board that he felt, for economic and energy reasons, a small pickup could be purchased under bid item number one. The Street Superintendent, Clayton Powell, told the Board that a smaller vehicle would not be able to withstand heavy use it would receive. 6. A bid for seven police patrol vehicles was recommended to be awarded to Hatfield 389.4 Pontiac in the amount of $5,392.77 per vehicle. Six of the vehicles were budgeted in a $30,000 appropriation in Revenue Sharing Account number 7722 with the seventh vehicle budgeted as the cash match for a Highway Safety Program grant. He recommended that $37,356.62 be transferred from the Police Salary Account to the Police Capital Equipment Account; and that the $30,000 budgeted in Revenue Sharing Account 7722 be transferred to the Police Salary Account to reimburse the General Fund for police salaries. This was necessary, he said, because Revenue Sharing funds appropriated prior to January 1, 1977 could not be used as a cash match for federal grants. He explained that funds in excess of the original $30,000 appropriation represented a $2,356.62 cost overrun; and $5,000 to equip the patrol car purchased in conjunction with the Highway Safety Program grant. In response to inquiries from the Board, Purchasing Officer Sturman Mackey 389.5 stated that he did not make overt attempts to obtain bids from out-of-town firms since warranty maintenance could be more readily obtained from Fayette- ville companies. He assured the Board that specifications were not written to exclude any dealer from bidding. Chief of Police Glen Riggins was present and discussed performance of inter- 389.6 mediate size cars for use as police vehicles. He had not recommended purchase of intermediate vehicles since their use had not resulted in lower mileage or decreased maintenance costs. He said the resale value of the intermediates would not be very higil since the vehicles had had to undergo some equipment modifications. The Board emphasized the necessity for maintenance of accurate equipment records for use in cost analysis. Upon completion of discussion, Director Orton, seconded by Noland, moved the 389.7 recommendations of the Purchasing Officer be accepted and that the bid for a Street Department pickup be awarded to Houston Taylor in the amount of $4,297.92. The recorded vote was: Ayes: Orton, Todd, Noland, Malone, Lancaster, Colwell Nays: None Absent: Hughes The motion was declared passed. 389 Wilson Park Swimming Pool Filter Replacement 390.1 The Purchasing Officer recommended award of the base bid to Heckathorn Construction in the amount of $27,923. He informed that, with engineering costs added to the bid amount, the project would exceed available funds. He recommended the Board proceed with award of the base bid to Heckathorn to allow the pool to be opened near the normal opening date. The alternate bid, which included siding of the filter building and painting of pipes, could be awarded under a supplemental contract when funds become available. The City Manager stated that approximately $1,923 would be obtained from General Fund reserves. 390.2 Director Malone, seconded by Colwell, moved acceptance of the recommendation. The recorded vote was: Ayes: Orton, Todd, Noland, Malone, Lancaster, Colwell Nays: None Absent: Hughes The motion was declared passed. OTHER BUSINESS FAYETTEVILLE DESIGNATED WATER SERVICE AREA BOUNDARY 390.3 The City Manager reported that the City's planning area boundary did not coincide with the city's water service area boundary which had been mutually agreed upon by the cities of Fayetteville and Springdale. He noted that Fayetteville's planning area boundary overlapped with Springdale's planning boundary. He recommended the boundary be adjusted to comply with the Fayetteville/Springdale agreement and he informed the Board he had requested the Planning Commission to consider the adjust- ment at its next meeting. 390.4 He also recommended that Springdale be allowed to serve Clear Creek Acres sub- division from the Beaver water line. The subdivision, proposed for a location east of Lake Fayetteville and on the east side of Clear Creek, would be in the Springdale planning and water service area once the Fayetteville boundary was adjusted. If Springdale were allowed to service the subdivision from the Beaver line, they would be billed at Fayetteville's rural water rate, Grimes stated. 390.5 Director Todd questioned why Fayetteville should become involved in promoting growth which would establish septic tank systems in the area of Lake Fayetteville thereby exposing the lake to pollution. He saidundeveloped land within the city limits had been bypassed in favor of the proposed subdivision location just out- side the city limits. To support such a development would, he said, violate planning and pollution control principles. Director Orton agreed with Todd and indicated she would not approve providing water service to the subdivision until sewer facilties were available 390.6 The City Manager stated that, if Fayetteville refused to permit service from the Beaver line, Springdale would supply the water from its own system. In the process, Fayetteville will have damaged its relations with Springdale. He noted that the State Health Department had issued septic tank permits for the subdivi- sion. Director Noland noted that city water was being provided to customers in the growth area whose homes were on septic tank systems. He also noted that lots in the Clear Creek development would be quite large. 390.7 Director Orton emphasized that drainage from the Clear Creek area flowed into Lake Fayetteville and that septic tank systems would contribute to pollution of the lake. Director Malone also expressed his concern that the lake would become polluted and felt that the City of Springdale should share the concern. He moved 390 391 that Fayetteville not permit'Springdale to serve' the subdivision from the Beaver line and that Fayetteville's concern regarding the use of septic tanks in the area be conveyed to Springdale. Also, that developers be encouraged not to install septic tanks. The motion also provided that Fayetteville convey its opposition to septic tanksin this area to the Pollution Control Commission. The motion, and second by Todd, were withdrawn. Malone then motioned that Fayetteville not permit Springdale to supply water 391.1 from the Beaver line to the Clear Creek Acres subdivision. The motion was seconded by Director Orton and the recorded vote was: Ayes: Orton, Todd, Malone Nays: Noland, Lancaster, Colwell Absent: Hughes The motion was declared failed. During further discussion, the Board indicated its approval to grant an easement 391.2 across city property if the developers were willing to extend sewer facilities to the development.Director Todd, seconded by Malone, moved the -City Manager be instructed to mintactSpringdale Water and Sewer Commissioner and the Springdale Planning Commission Chairman to convey the Board's concern about installation of septic tanks in the subdivision and particularly in the area. With Malone's concurrence, Todd amended the motion to provide that the City Manager would also express the city's reserva- tions about providing water service prior to availibility of sewer facilities. The-motion-wasloiso amended= to state that the Board will do whatever is necessary to provide easements for sewer lines. The motion was seconded by Todd and the recorded vote was: Ayes: Orton, Todd, Noland, Malone, Lancaster, Colwell Nays: None Absent: Hughes The motion was declared passed. Director Malone then moved that the City Manager be instructed to correspond 391.3 with the State Pollution Control Commission to convey the Board's concern about installation of septic tank systems in the Clear Creek area since drainage from the area flows into Lake Fayetteville. He said the statement should emphasize that the lake is a municipal park and recreational facility. The motion was seconded by Director Orton and the recorded vote was: Ayes: Orton, Todd, Noland, Malone, Lancaster, Colwell Nays: None Absent: Hughes The motion was declared passed. HIGHWAY 71 BYPASS The Board briefly discussed proposed improvements to the 71 bypass. Director Malone expressed concern that proper access to the Centerbrook subdivision be provided. The City Manager replied that access to the subdivision would be pro- vided from Johnson Road. He also informed that the Highway Department was seriously considering the City's recommendation to locate an access road at Razorback Road. AIRPORT STUDY Director Orton felt the Board should make a decision regarding the regional airport prior to an election to decide the levy of a one -percent hotel and restaurant tax. She felt a decision would help alleviate the question in many people's mind concerning plans for a regional airport. Todd noted that the 391 391.4 391.5 Airport Study Committee had been requested to make a written report and that it would be unfair to make a decision regarding the matter until that report had been submitted. Mayor Lancaster did not think the Board should consider the issue as it would become confused with other issues of the one -percent tax levy. The Board took no action. INDUSTRIAL PARK REVENUES 392.1 Director Todd referred to a report which indicated a net gain from the city's investment in the Industrial Park. The City Manager reported that the proceeds would be placed into the Water and Sewer Fund. since that fund had financed the City's investment. ADJOURNMENT 392.2 Director Malone, seconded by Director Todd, moved the meeting be adjourned. There being no further discussion, the Mayor declared the meeting adjourned. ATTEST: DARLENE WESTBROOK, City Clerk APPROVED: hZo 'Cy i"_/t-t%47: ERNEST E. LANCASTER, Mayor 392 1