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HomeMy WebLinkAbout1977-09-06 Minutes70 MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS September 6, 1977 The City of Fayetteville Board of Directors met in regular session on September 6, 1977, in the Director's Room of the City Administration Building. PRESENT: City Manager Don Grimes, City Attorney Jim McCord, City Clerk Darlene Westbrook; and Directors Ernest Lancaster, John Todd, Paul Noland, Al Hughes, David Malone, Philip Colwell, and Ann Henry. ABSENT: None OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER 70.1 The meeting was called to order by Mayor Lancaster. Following a moment of respectful silence and roll call, the Mayor called for consideration of the first item of business, RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT - FAA Flight Service Station 70.2 The City Attorney read a resolution authorizing the Mayor and City Clerk to execute a lease agreement with the Federal Aviation Administration for 220 square feet of space in the Drake Field flight service station at an annual rental rate of $110.00. 70.3 The City Manager informed the Board that the existing long-term lease had been negotiated several years ago and was not to expire until 1979 at which time, he assured the Board, a substantial rental rate increase would be requested. Rather than try to increase the rental rate at this time, Grimes said the FAA was willing to increase custodial fees in order to allow the City to realize a greater return. 70.4 Upon completion of discussion, Director Hughes moved adoption of the reso- lution. The motion was seconded by Director Henry and the recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Todd, Noland, Hughes Nays: None The motion was declared passed. RESOLUTION NO. 72-77 APPEARS ON PAGE 194 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT - FAA Custodial Services 70.5 The City Attorney read a resolution authorizing the Mayor and to execute a supplemental agreement with FAA to increase custodial charges to 52.20 per square foot per year ($6,021.40). 70.6 Following brief discussion, Director Henry moved the resolution be The motion was seconded by Director Noland and the recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Todd, Noland, Hughes Nays: None The Mayor declared the resolution passed. City servi Clerk ce adopted. RESOLUTION NO. 73-77 APPEARS ON PAGE 195 OF ORDINANCE & RESOLUTION BOOK V 70 1 1 71 NORTHWEST ARKANSAS CULTURAL CENTER BOARD OF TRUSTEES The Board of Trustees of the Northwest Arkansas Cultural Center (NACC) had requested the Board amend Ordinance 2347 to provide for 18 trustees; that terms expire April 1 rather than July 1; and to delete the requirement that four trustees represent "the arts". The City Attorney read an ordinance to amend Ordinance 2347 as requested. NACC Trustee Marshall Carlisle addressed the Board and stated that the trustees felt a larger board membership was needed in order to have an effective fund-raising program through greater participation. Carlisle noted that the group had not had full attendance at any of its meetings and that the trustees had discussed how to deal with absenteeism. Mrs. Linda Welch also addressed (U the Board and reported that she had been advised by knowlegeable sources that (Y) a membership of 18 would be more beneficial. Welch also noted that the by- LO laws provide for 13 committees which would result in some trustees having to U serve on more than one committee. Director Hughes questioned whether increased membership would, instead, Q result in increased absenteeism. He felt the City should enforce attendance requirements and replace those committee members who do not attend meetings on a regular basis. Director Todd was in agreement with Hughes and further added that, as a member of the Nominating Committee, he would be uncomfortable about choosing appointees on the basis of their fund raising capabilities. Since the Directors considered the trustees a policy-making group and the trustees considered themselves to be primarily concerned with fund raising, Director Malone suggested that the trustees consist of five to seven members responsible for establishing policy, supplemented by honorary or auxiliary members for prestige or fund raising purposes. At Carlisle's suggestion, the Board agreed to delay further consideration of the requested amendments in order that the NACC trustees could meet and con- sider Malone's suggestion. There being no further discussion, the ordinance was left on first reading. ORDINANCE REZONING PROPERTY - R77-32 / West Sixth Street / Roy and Addie Lister The City Attorney read an ordinance to rezone a .61 acre tract, located on the south side of West Sixth Street approximately 160 feet west of Hollywood Avenue, from I-1 Heavy Commercial/Light Industrial to C-2 Thoroughfare Commercial. Director Hughes, seconded by Todd, moved rules be suspended and the ordi- nance placed on second reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Todd, Noland, Hughes Nays: None The motion was declared passed and the ordinance was read the second time. Director Hughes, seconded by Todd, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Todd, Noland, Hughes Nays: None The motion was declared passed and the ordinance was read the third and final time. Director Colwell, owner of a local pharmacy, stated his intent to refrain from any discussion and voting since the intended use of the property was for construction of a drug store. 71 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 72 72.1 Director Malone felt the entire intersection with Highway 62 should be considered for commercial zoning since the land use plan envisioned the intersections to be used for commercial activity. In regard to building set- back, Mr. Lister informed the Board he had contacted the State Highway Depart- ment and planned to follow their recommendation to set back ten feet from the existing right-of-way line. There being no further discussion, the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Malone, Lancaster, Henry, Todd, Noland, Hughes Nays: None Absent: Colwell The Mayor declared the ordinance passed. ORDINANCE NO. 2373 APPEARS ON PAGE 307 OF ORDINANCE & RESOLUTION BOOK V REZONING APPEAL - R77-31 / Easy Avenue / Mathias Partnership, petitioners 72.2 The City Attorney read an ordinance to rezone three lots located on the west side of Easy Avenue north of Poplar Street from R-1 Low Density Residential to R-2 Medium Density Residential. 72.3 Director Todd felt the Board should consider long-range goals since the Board seemed to have committed the area for light industrial uses. Marshall Carlisle, representing the petitioners, told the Board he believed the request would have been approved by the Planning Commission had there not been two members absent from the meeting. Carlisle felt the rezoning would permit a development which would improve the current property conditions. The petitioner planned to develop the property into R-2 tracts for multiple family dwellings with an extension of the development northward when additional property is pur- chased. Carlisle did not agree that R-2 ucPs were incompatible with I-1 uses and noted that the closest existing industrial activity was on the south side of Poplar Street. 72.4 Director Malone, who felt the land seemed compatible for higher density or industrial uses, said he would like the entire district to be R-2. The Board expressed concern that, since the proposed development would not qualify as a large scale development, building permits could be issued, once the property is rezoned,without street improvements being required. Director Henry also mentioned that existing water lines would not provide adequate fire protection. Following discussion, Mathias stated he would offer a commitment that the property would not be developed until Easy Street, from Poplar to the south property line, is paved. Mathias also indicated he would install a larger water line to provide adequate fire protection. 72.5 Director Malone, seconded by Hughes, moved rules be suspended and the ordi- nance placed on second reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Todd, Noland, Hughes Nays: None The motion was declared passed and the ordinance was read the second time. 72.6 Director Malone, seconded by Hughes, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Todd, Noland, Hughes Nays: None The motion was declared passed and the ordinance was read the third and final time. 72 1 1 There being no further discussion, the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Todd, Noland, Hughes Nays: None The Mayor declared the ordinance passed. 73 ORDINANCE NO. 2374 APPEARS ON PAGE 308 OF ORDINANCE & RESOLUTION BOOK V SIGN INTERPRETATION REQUEST - Mail Box Identification As a result of a request by Edmiston Prewitt Realtors, the Board was re- quested to make a determination whether the firm's mailbox holder should be (V considered a sign and subject to regulations of the Sign Ordinance. (Y) Speaking in behalf of Edmiston-Prewitt, Claud Prewitt informed that the in word "Realtor" is a designation required by the national association to be in- cluded in the firm's name. Prewitt stated they wished to erect a two -foot Q square sign which would include the full designation. The City Attorney advised that, as the current Sign Ordinance is written, the mailbox identification is not dealt with; therefore, in order to permit the identification, the ordinance would require an amendment. Director Hughes was concerned that an amendment to allow the identification would result in excessive numbers of potentially unattractive signs being erected on mailboxes. Hughes noted that, if the identification were painted on the mailbox, postal regulations should be taken into consideration. Following discussion, Director Malone moved that the Edmiston-Prewitt mailbox holder be considered a sign. The motion was seconded by Todd and the recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Todd, Noland, Hughes Nays: None The motion was declared passed. RESOLUTION AUTHORIZING GRANT PARTICIPATION The City Attorney read a resolution which would authorize allocation of $1,600 as cash match for an Intergovernmental Personnel Act grant for the purpose of developing and refining Civil Service examination and selection pro- cedures. Endorsed by the Civil Service Commission, the total project cost would be $9,400 of which $4,700 would come from funds administered by the Department of Local Services; $3,100 would represent local in-kind services; and $1,600 would represent the City's share. Director Todd questioned what criteria would be used in selection of a consultant and asked who would make the final decision on which consultant would be retained. The City Manager advised that it was proposed that Wilson Kimbrough, with the assistance of university graduate students and another professional, would conduct the project. He said the Civil Service Commission had contacted him to emphasize the need for improved examinations and selection procedures. Hughes felt the Board should retain a consultant familiar with Fayetteville; but he believed the Board could establish acommittee to recommend revisions thereby avoiding professional expenses. Director Todd felt the City should 344nvite proposals from several consultants with acceptance of a local consultant if all proposals are equal in merit. The City Manager confirmed that Kimbrough, a Civil Service Commission member, would receive funds from the grant if he were selected as the consultant but that Kimbrough was not attempting to promote the project for personal gain. 73 73.1 73.2 73.3 73.4 73.5 73.6 73.7 74 74.1 Director Malone moved the resolution be adopted with the understanding that, if grant monies are approved, proposals will be requested of several people or organizations to serve as consultants. The motion was seconded by Director Henry and the recorded vote was: Ayes: Malone, Lancaster, Henry, Todd, Noland Nays: Colwell, Hughes The motion was declared passed. RESOLUTION NO. 74-77 APPEARS ON PAGE 196 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE REPEALING ORDINANCE 2232 - Unlawful Flight 74.2 Since the State Legislature had recently adopted Act 196 of 1977 to prohibit the offense of flight from a law enforcement officer, the City Attorney recommended the Board repeal Ordinance 2232 which was adopted for the same purpose. He read an ordinance the first time to repeal the City ordinance. 74.3 Director Hughes, seconded by Colwell, moved rules be suspended and the ordi- nance placed on second reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Todd, Noland, Hughes Nays: None The motion was declared passed and the ordinance was read the second time. 74.4 Director Colwell, seconded by Henry, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Todd, Noland, Hughes Nays: None The motion was declared passed and the ordinance was read the third and final time. 74.5 After slight discussion, the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Todd, Noland, Hughes Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2375 APPEARS ON PAGE 309 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE VACATING EASEMENT 74.6 The City Attorney read an ordinance to vacate an easement across property owned by Richard R. Rogers in the Mount Sequoyah area. 74.7 Director Hughes, seconded by Todd moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Todd, Noland, Hughes Nays: None The motion was declared passed and the ordinance was read the second time. 74.8 Director Hughes, seconded by Colwell, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Todd, Noland, Hughes Nays: None The motion was declared passed and the ordinance was read the third and final time. 74.9 The City Manager advised the Board that he could not see that the easement would ever be used and recommended that it be vacated. The Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Todd, Noland, Hughes Nays: None ORDINANCE NO. 2376 APPEARS ON PAGE 310 OF ORDINANCE & RESOLUTION BOOK V 74 1 1 75 ORDINANCE WAIVING BID REQUIREMENTS - Community Development Housing Rehabs The City Attorney read an ordinance waiving competitive bidding requirements to allow rehabilitation of structures at 324 East Center, 510 South College and 100 North Willow, and to allow the City Manager to enter into contract negotia- tions for completion of the projects. Director Todd was concerned that, by waiving bid requirements, the path would be opened for waiver of the $5,000 -per -structure limit. The City Manager stated he would be agreeable to the limit but that some contractors had expressed doubt about being able to improve some structures to meet building codes and re- main under the limit Director Todd reported that he was unable to locate the East Center address. Todd moved the ordinance be amended to delete the East Center project and to add provision for maximum expenditure of $5,000 per house. He requested the Community Development staff provide further information as to the location of the proposed projects. Following slight discussion, Todd withdrew his motion in favor of a motion by Director Noland to table the ordinance,until the next regular meeting. The motion was seconded by Director Malone and the recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Todd, Noland, Hughes Nays: None The Mayor declared the motion c passed. The ordinance was left on first reading. AWARD OF BIDS Bid 356 - Fire Truck The Purchasing Officer recommended award of bid for to Lewis Ford Sales in the amount of $19,400; and to the the amount of $44,544 for the apparatus. The Purchasing low bidder for the apparatus, Pierce Manufacturing, Inc. since the unit they bid did not meet specifications. Director Malone, seconded by Hughes, moved the bid proposed financing be approved. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Todd, Noland, Nays: None The motion was declared passed. a fire truck chassis Boardman Company in Officer noted that the , was not recommended recommendation and Hughes Bid 357 - Sewer Rodding Machine The Purchasing officer recommended award of bid to Rockwell International for a sewer rod machine in the amount of $6,170.00. Director Todd, seconded by Hughes, moved approval of the recommendation. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Todd, Noland, Hughes Nays: None The motion was declared passed. Sewer Yard Lines - Community Development Program The Purchasing Officer recommended award of bid to Johnson Plumbing stallation of several sewer yard lines in conjunction with the Community meet Program. The bid price was $4.25 per linear foot. Director Malone by Hughes, moved approval of the recommendation. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Todd, Noland, Hughes Nays: None The motion was declared passed. 75 for in- Develop- , seconded 75.1 75.2 75.3 75.4 75.5 75.6 75.7 76 OTHER BUSINESS SHREWSBURY DRIVE SEWER 76.1 The City Manager reported he had requested engineer's cost estimates for installation of a sewer line on Shrewsbury Drive which he recommended be added to the Ridgely-Manor sewer project at the estimated cost of $17,296. He also recommended that the funds come from Water and Sewer surplus revenue. Grimes stated he would review asphalt repair and brush removal items for possible force account by City departments. 76.2 Director Hughes, seconded by Noland, moved approval of the City Manager's recommendation. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Todd, Noland, Hughes Nays: None The motion was declared passed. RESOLUTION ASSURING ;1AINTENANCE OF PARKS 76.3 The City Attorney informed that the Planning Commission was considering a public hearing on an ordinance to require dedication of open space or parks in conjunction with development of subdivisions. He said the Planning Commission had requested the Board to confirm whether or not the City would maintain the areas if they were required for dedication to the city. 76.4 Director Hughes believed the City was not providing adequate maintenance of existing parks. The Board discussed the need to secure the dedications prior to development of the subdivisions and that the requirement would add to cost of the lots. Director Todd noted that the City spent well below the average per capita expenditure for parks maintenance for a city under 50,000 population. He felt the coming year's budget should reflect increased allocations for parks maintenance. Director Colwell noted that, even though the City is far below averages in regards to maintenance expenditures, it is above average in park acreage. 76.5 Director Noland moved the Board adopt a resolution stating the City will maintain any parks which are dedicated to the city in conjunction with subdivi- sion developments. Director Malone was concerned that the City would receive dedications of least desirable lots. At Noland's concurrence, Malone amended the motion to provide that the City would maintain the open spaces or parks if the Parks and Recreation Advisory Board had indicated that the space would be suitable for park use. Director Todd seconded the motion to adopt the resolution. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Todd, Noland, Hughes Nays: None The motion was declared passed. RESOLUTION NO. 75-77 APPEARS ON PAGE 197 OF ORDINANCE & RESOLUTION BOOK V LITIGATION RESULTS - Easement Acquisition 76.6 The City Attorney advised that a recent Court decision ruled that acquisi- tion of easements,for projects receiving federal funds, is subject to the 1970 Property Acquisition Act even though displacement does not occur. McCord in- formed that the decision would particularly affect the Community Development program projects and explained that an appraisal would be required before securing easements. He said donation of easements by property owners would be acceptable but that approval of any CO project pending dedication of easements could be construed as coersion. 76 1 1 i 77 McCord recommended: that the decision not be appealed. Director Noland, 77.1 seconded by Hughes moved the City Attorney's recommendation be accepted. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Todd, Noland, Hughes Nays: None The Mayor declared the motion passed. REVENUE SHARING In order to avoid complying with complex regulations for expenditure of 77.2 revenue sharing funds (wage rate determinations, bid requirements, etc.) the City Manager stated the staff would propose expenditure of revenue sharing funds for police and fire salaries with capital items being purchased with (0 General Funds. AIRPORT TERMINAL EXPANSION Q The City Manager, in reply to Director Hughes, reported that he and the 77.3 Q project architect will meet soon to discuss the project's progress. 1 LIABILITY INSURANCE In view of expense of City general liability insurance, the City Manager recommended that the City self -insure while maintaining liability insurance for the vehicle fleet as required by law. He explained to the Board that most governmental functions are protected through. governmental-4mmunity. Director Noland, seconded by Malone, moved approval of the City Manager's recommendation. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Todd, Noland, Hughes Nays: None The motion was declared passed. --OCCUPATION LICENSES Director Hughes had requested a resolution adopting a policy that no building permits would be issued unless the builder or contracor had an occupa- tion license number to be displayed on the permit. He felt such a requirement would be useful in enforcing the occupation license ordinance. Director Todd felt the policy would create more "red tape" for builders and would be considered harassment. Director Malone felt the City Manager, rather than the Board, should direct the departments as to how to do their job. The Board concurred with his suggestion that the license enforcement officer consult the Inspectors Office for the purpose of reviewing permit lists to determine which contractors or builders should secure the license. - 77.4 77.5 77.6 APPROVAL OF MINUTES The Mayor asked if there be any amendments to the minutes of the August 16 77.7 regular meeting and the August 23 special meeting. Director Malone requested that paragraph 62.4 of the August 16 minutes be 77.8 amended to reflect that the Planning Commission would be requested to establish a zoning depth for R-0 from Elm Street north to the end of Green Acres Road. 77 7S 78.1 Director Todd requested paragraph 63.6 be amended to read: tremely high percentage of medicare patients...". have the correct date inserted and that paragraph tion of the recorded vote. 78.2 There being no further amendments, the Mayor as amended. ...an ex - Also, that paragraph 64.1 65.4 be amended with addi- declared the minutes approved ADJOURNMENT 78.3 There being no further business for the Board's consideration, Director Malone moved for adjournment. The motion was seconded by Hughes. There being no discussion, the Mayor declared the meeting adjourned. ATTEST: DARLENE WESTBROOK, City Clerk APPROVED: .a ERNEST E. LANC STER, Mayor 78 1 1