HomeMy WebLinkAbout1978-11-21 Minutes390
MINUTES OF A BOARD OF DIRECTORS MEETING
A meeting of the Board of Directors was held on Tuesday, November 21, 1978,
at 7:30 P.M. in the Directors Room, City Administration Building, Fayetteville,
Arkansas.
PRESENT: Mayor Ernest Lancaster, Directors John Todd, Paul Noland, Al Hughes,
David Malone, Philip Colwell, and Ann Henry; City Manager Don Grimes,
Administrative Assistant David McWethy and City Clerk Angie Medlock.
ABSENT: City Attorney Jim McCord.
OTHERS PRESENT: Members of the audience and representatives of the news media.
CALL TO ORDER
390.1 Following roll call and a moment of respectful silence, the Mayor called for
consideration of the first item of business.
1
PUBLIC FACILITIES BOARD
390.2 In the absence of City Attorney Jim McCord, Administrative Assistant
David McWethy read an ordinance creating a public facilites board which would have
the authority to issue revenue bonds to finance residential housing.
Director Malone, seconded by Todd, moved the rules be suspended and the
390.3 ordinance be placed on third and final reading. The recorded vote was:
Ayes: Colwell, Henry, Todd, Noland, Hughes, Malone, Lancaster.
Nays: None.
The mayor declared the motion passed and the Administrative Assistant read the
ordinance for the third time.
390.4 Director Noland proposed two changes to the ordinance: in the last
sentence of the first paragraph on p. 1.05, add "Board of Directors"
after City, and also on p. 1.06, the last line of Section 5, add
"Board of Directors" after City. Administrative Assistant Mcwethy noted that
the city attorney, in a memo, had suggested the Board might want to strike the
word "make" and change the sentence to read "to accomplish, finance, contract
and/or purchase mortgage loans concerning . . ." on page 1.04, Section 2.
390.5 Director Malone questioned if the projected growth area conforms with the
planning area and McWethy said "yes".
390.6 Director Noland, seconded by Todd, moved the ordinance be amended to add
the word "Board" after city in the last sentence of the first paragraph on page 1.05
and also page 1.06, the last line of Section 5, add the word "Board" after
City; and strike the word "make" on p. 1.04, Section 2, so the sentence would
read "to accomplish. finance, contract and/or puchase mortgage loans . . ."
The recorded vote on the motion was:
Ayes: Colwell, Henry, Todd, Noland, Hughes, Malone, Lancaster.
Nays: None.
The mayor declared the motion passed.
Director Hughes asked Jim Bell some questions regarding mortgage insurance
for the loans.
390.7 Director Todd noted the City Board will receive a recommendation from the
Public Facilities Board, if they are appointed, and said he is ready to let the
Public Facilities Board try to come up with an opportunity for some persons to
be able to obtain better housing. Director Malone suggested, if the ordinance
is approved, the City Board might express to the Public Facilities Board the
areas of concern they have, so the Public Facilities Board can watch those
areas. He noted that the City Board is concerned about the impact of housing
located outside the City limits on municipal services, and moral obligations of
the loans.
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11/21/78
Director Colwell said he is willing to proceed with the establishment of N1.1
the Public Facilities Board if it will provide the needed housing starts for
the next year, and continued employment for construction workers in the Fayette-
ville area. He noted that it will be up to the Public Facilities Board to make
sure everything is right, and said if these loans are not handled right, the
credit rating of the City will suffer severely.
Director Henry said she understands the problems, but would not vote for 391.2
the ordinance.
Mayor Lancaster asked if the ordinance should pass. The
Ayes: Colwell, Todd, NoJhnd, Hughes, Malone, Lancaster.
Nays: Henry.
The Mayor declared the ordinance passed.
Director Hughes, seconded by Todd, moved the emergency clause be enacted. 391.4
The recorded vote was:
Ayes: Colwell, Henry,
Nays: None.
The mayor declared the
recorded vote was: 391.3
Todd, Noland, Hughes, Malone, Lancaster.
emergency clause passed.
ORDINANCE NO. 2485 APPEARS ON PAGE 1 OF ORDINANCE AND RESOLUTION BOOK VII.
NOMINATIONS FOR PUBLIC FACILITIES BOARD
Director Todd explained that the structure of the Public Facilities Board 391.5
is defined by the state law. He moved the following recommendations for the
Board:
F. H. Martin 5 year term
John Dominick 4 year term
R. Dale Christy 3 year term
James R. (Ron) Pennington 2 year term
George Faucette, Jr. 1 year term.
Director Hughes seconded the nominations.
The recorded vote on the motion was: 391.6
Ayes: Colwell, Henry, Todd, Noland, Hughes, Malone, Lancaster.
Nays: None.
The mayor declared the motion passed.
Director Malone suggested the City Board members submit in writing, to the 391.7
City Manager, their concerns about the public facilities ordinance, so he can
pass this information on to the Public Facilities Board.
HOME OCCUPATION ORDINANCE
Administrative Assistant David McWethy read an ordinance allowing "home
occupations" as a use by right in the A-1, Agricultural District, and as a
conditional use in the R-1, Low Density Residential District.
McWethy pointed out that the city attorney, in his memo, had noted
some changes the City Board may want to consider: on page 3.03, Section 3,
McCord had questioned the constitutionality of*that paragraph, and said the
Board may want to consider deleting that section. McCord had felt that "no
public advertising" may infringe on a person's rights.
City Manager Grimes noted that if someone had a sign, it would encourage
vehicular traffic, which is prohibited by Section 4. McWethy noted that the
sign ordinance does not prohibit a sign with the name of the family or the
house number ,and street name.
City Manager Grimes said, the way he understands the proposed ordinance,
any home occupation which encourages traffic would not be allowed. McWethy
noted that the City Attorney had also pointed this out in his memo.
* the second part of
391.8
391.9
391.10
391.11
11/21/78
392 Director Hughes suggested they amend the ordinance to reflect that
392 1 a person applying for a home occupation permit would be required to give
notice of the proposed use to residents of any dwelling unit located within
300 feet of any boundary line of their property.
392.2 Director Malone questioned if they want to leave the proposed ordinance
as restrictive as it is, or amend it. Director Todd suggested they amend
the ordinance, page 3.03, Section 4 to reflect that no excessive motor vehicle
traffic as would adversely affect the safety, peace, tranquility, or welfare
of the neighborhood shall be created in the neighborhood by clients or patrons
of the home occupation. Director Noland suggested they amend Section 5 to
reflect that "owners" of any dwelling unit located "in an R-1 District"
within 500 feet of any boundary line of the property on which the home occupation
is proposed shall be notified.
392.3 Director Todd, seconded by Malone, moved the ordinance be amended as
stated in the above paragraph. The recorded vote was:
Ayes: Colwell, Henry, Todd, Noland, Hughes, Malone, Lancaster.
Nays: None.
The mayor declared the motion passed.
After a short discussion, the Board agreed to delete Section 3 from the
ordinance.
392.4 Director Hughes questioned if someone has permission for a conditional
use and it comes up for review, would they be subject to the provisions of the
new ordinance. Directors Henry and Malone said they felt when it came up for
review, the home occupation approval would be subject to the provisions of the
new ordinance. Linda Apperson asked if the Board could specify that a conditional
use which has been granted without a time limit could be given notice that their
conditional use would come up for review at a certain date. City Manager Grimes
said he felt they should consult with the City Attorney on this.
392.5 McWethv noted that at the present time there are no conditional use permits
granted for home occupations in R-1. The real estate ottices in R-1 have
been allowed as a conditional use under Use Unit 2, City Wide Uses by Conditional
Use Permit. He said since no home occupations have been approved in the R-1
District, there would not be a problem with time limits. He explained that
conditional uses have been allowed in other zoning districts, but these would
not be subject to the home occupation ordinance for the R -i District.
392.6 Director Todd noted that there are many home occupations in existence
today which are unknown because they do not attract any attention or generate
traffic. He said it seems these should be in a different category than the
ones which have an impact on the neighborhood. He said he would like to make
a special provision for this type of home occupation which would not require them
to go through the procedures set out in the proposed ordinance.
293.7 Director Todd proposed the following addition: the Planning Administrator
may issue a conditional use permit which can be revoked by the Planning Admini-
strator with 30 days notice, if the applicant swears by affidavit that no motor
vehicular traffic will be created by clients or patrons of the home occupation,
and any applicable occupation tax has been paid. Todd said it seems this would
reduce problems forthe Planning Administrator and the applicant. He said if the
Planning Administrator received any complaints or had any question about allowing
the home occupation, she could refer the home occupation to the Planning Commission
for consideration. Director Malone said the City Board would need to give the
Planning Administrator regulations by which she could revoke a home occupation
license --such as receiving complaints from the neighborhood. He said the Board
would be vesting the Planning Administrator that if someone is willing to swear
by affidavit that there will not be any additional traffic generated or the
home occupation will not attract any attention, the Planning Administrator
would automatically issue the permit. He said if you give the Planning
Administrator authority to review the home occupation, she needs some basis
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11/21/78
for revoking the permit. Director Todd said he feels the amendment is 3394.1
important enough that if it is not added, he would vote against the ordinance.
Director Malone suggested they could add those provisions, and request the
Planning Administrator notify property owners within 500 feet of the proposed
home occupation.
City Manager Grimes pointed out that there are hundreds of home occupations 393.2
which cannot be identified. He said he feels where there is no outward indication
of a home occupation, it should be permitted.
Director Hughes said he feels those persons should be required to have a permit
so the conditional uses can be recognized and controlled. He agreed that there 393.3
are many situations like this existing in Fayetteville without approval, but said
he feels they could find out where they are. He suggested also that these persons
be required to comply with the notification procedure.
Director Colwell said he did not feel the persons who have a home occupation
(V that doesn't generate traffic or have any outward appearance of being a home 393.4
CO occupation would apply for a conditional use permit to continue what_they
10 are now doing. He noted that the neighbors probably don't even know the home
U occupation is existing.
Director Malone, seconded by Todd, moved the ordinance be placed on second 393.5
Q reading. The recorded vote was:
Q Ayes: Colwell, Henry, Todd, Noland, Hughes, Malone, Lancaster.
Nays: None.
The mayor declared the motion passed and the ordinance was read the second time.
Director Malone, seconded by Noland, moved the rules be further suspended 393.6
and the ordinance placed on third and final reading. The recorded vote was:
Ayes: Colwell, Henry, Todd, Noland, Hughes, Malone, Lancaster.
Nays: None.
The motion was declared passed and the ordinance was read the third and final
time.
Mayor Lancaster asked if the ordinance should pass. The recorded vote was:. 393.7
Ayes: Colwell, Henry, Noland, Hughes, Malone, Lancaster.
Nays: Todd.
The Mayor declared the ordinance passed.
Director Malone, seconded by Hughes, moved the emergency clause for the 393.8
home occupation ordinance be approved. The recorded vote was
Ayes: Colwell, Henry, Noland, Hughes, Malone, Lancaster.
Nays: Todd.
The mayor declared the motion passed.
1
ORDINANCE NO. 2486 APPEARS ON PAGE 8 OF ORDINANCE AND RESOLUTION BOOK VII.
REAL ESTATE SALES OFFICE ORDINANCE
The Administrative Assistant read an ordinance clarifying the definition 393.9
of "real estate sales office" under "Temporary facilities" to reflect that real
estate sales offices will be permitted in undeveloped or partially developed
subdivisions for the purpose of developing said subdivision.
Director Hughes said he feels the temporary office should be of a 393.10
permanent nature and not be moved from house to house within the subdivision
while the subdivision is being completed. Hughes said he felt the proposed
ordinance would permit the developer to move the sales office from one place
to another within the subdivision. Director Malone said he feels a conditional
use permit is issued for a specific location and could not be moved or transferred
without obtaining approval. Malone pointed out that the Board could add a time
limit to the conditional use approval.
Mr. Grimes said he felt the conditional use should be limited to a specific 393.11
address. He suggested they add "the conditional use located at a specific
address" in an undeveloped or partially developed subdivision.
11/21/78
394
394.1 Director Malone moved that the Board amend the ordinance to add the
conditional use located "in a specific location" in an undeveloped or partially
developed subdivision. Director Noland seconded the motion. The recorded
vote was:
Ayes: Colwell, Henry, Todd, Noland, Hughes, Malone, Lancaster.
Nays: None.
The Mayor declared the motion passed.
394.2 Director Malone, seconded by Todd, moved the rules be suspended and the
ordinance be placed on second reading. The recorded vote was:
Ayes: Colwell, Henry, Todd, Noland, Hughes, Malone, Lancaster.
Nays: None.
The Mayor declared the motion passed and the ordinance was read the second time.
394.3 Director Hughes, seconded by Todd, moved the rules be further suspended
and the ordinance be placed on third and final reading. The recorded vote was:
Ayes: Colwell, Henry, Todd, Noland, Hughes, Malone, Lancaster.
Nays: None.
The Mayor declared the motion passed and the ordinance was read the third and
final time.
394.4 Mayor Lancaster asked if the ordinance should pass. The recorded vote was:
Ayes: Colwell, Henry, Todd, Noland, Hughes, Malone, Lancaster.
Nays: None.
The Mayor declared the ordinance passed.
ORDINANCE NO. 2487 APPEARS ON PAGE 11 OF ORDINANCE AND RESOLUTION BOOK VII.
SIGN PROTEST / Davidson Street & North College Ave.
394.5 City Manager Grimes explained that the City Manager's office has received
a request that the "No Left Turn" sign at the intersection of North College and
Davidson Street be removed. He said the sign was put there after he asked
the highway department to study the area because of the congestion during rush
hours. He said in view of all the trouble this has caused, he asked Traffic
Superintendent Perry Franklin to contact the highway deoartment,.and if
they had no objection, to remove the "No Left Turn" sign. Grimes said the
traffic department has removed the sign, out ne still feels the "No Left Turn"
sign is needed in that location.
394.6 There was some discussion about the construction being done on North
College Avenue which has been blocking one lane of traffic. Director Hughes
asked if there is some way they could set a time limit for completing construction
when it is blocking traffic.
394.6 Director Malone agreed that the City needs something to encourage construction
in the streets to get out of the way as soon as possible. He questioned if the
Board should review the ordinances allowing someone to block the street for a
period of time and encourage the contractors to get finished with the construction
and off the street as soon as possible. He noted that this is particularly a
problem with the University of Arkansas.
394.7 Director Hughes said he feels there should be signs over the traffic lights
indicating the direction of traffic in each lane. He said this is needed at
Maple and Garland and North and Garland because the arrow on the pavement is
under the first or second car, and people behind those cars tend to get in the
wrong lane. Mayor Lancaster said this is also needed at the intersection of
Dickson Street and College avenue.
394.8 Director Colwell questioned the possibility of 5-laning College at Davidson.
Director Malone agreed that this is needed.
394.9 Mayor Lancaster asked if a permit is required for construction which would
block city streets and Mr. Grimes said a street cut permit would be required,
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11/21/78
and would be issued by the City Engineer's office for City streets, and
by the State District Engineer's office for state highways.
Mayor Lancaster suggested the City Manager ask the highway department
to study that portion of College near Davidson Street.
395
395.1
TAXI REQUEST / David Miller
David McWethy explained that last spring the City Board granted David 395.2
Miller permission to operate a taxi -cab business in Fayetteville, and Mr.
Miller had stated on his application that he would be opening a Fayetteville
office. McWethy said Mr. Miller had requested permission to dispatch cabs
from his Springdale office rather than opening a Fayetteville office at this
time.
N Mayor Lancaster noted that the request was granted on the 395.3
basis that it would be operated from a dispatch office in Fayetteville.
co Willis Rose, owner of the Razorback Taxi Service, said he was under the 395.4
LO impression Mr. Miller was granted the business on the basis it would be
U operated out of Fayetteville. Mr. Rose ,pointed out that if Mr. Miller is
Q allowed to operate out of Springdale without the overhead which Mr. Rose has,
Rose would not be able to compete with him.
Q Mayor Lancaster asked if it would be legal under the ordinance to operate 395.5
out of Springdale and McWethy said he had discussed this with the City Attorney
who noted that the ordinance only requires that "it will be a central dispatching
point". He said the ordinance doesn't require specifically that it be a Fayette-
ville office. McWethy said he had referred this back to the City Board because
Miller's initial application stated that he would have a dispatching office in
Fayetteville.
Director Colwell asked how temporary the dispatching from Springdale would 395.6
be and David Miller said it would be about six months. He noted that the
expenses of opening another office would be too costly.
Director Noland said he is concerned about the liability insurance for the 395.7
cabs. Mr. Miller said this insurance has been paid and he would get the insur-
ance company to send a copy of this to the city clerk.
Director Malone said the City has had this problem before with persons 395.7
taking several months to take care of paying their license fees. He suggested
they amend the ordinance to establish a time limit for the persons to take care
of licenses and insurance.
Mr. Miller stated that he has paid insurance on seven cars and is only 395.8
operating four cars at the present time.
Director Todd said the competitive factor is important and said he feels 395.9
they owe the Fayetteville operator at least a fair chance to compete. Director
Hughes said he feels the dispatch office should be in Fayetteville.
Willis Rose stated that the owner of the cab company in Fayetteville had 395.10
attempted to get permission to do this same thing in Springdale and Springdale
would not approve his request.
Director Noland, seconded by Malone, moved the request to operate a dispatch
office out of Springdale be denied. The recorded vote was: 395.11
Ayes: Colwell, Henry, Todd, Noland, Hughes, Malone, Lancaster.
Nays: None.
The Mayor declared the motion passed.
REZONING REQUEST / Southwest Corner of North and Storer
Administrative Assistant David McWethy read an ordinance rezoning property 395.12
located at the southwest corner of North Street and Storer Avenue, requested
by Dr. Donald Stanton, from R-3, High Density Residential District to R-0,
Residential Office District.
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11/21/78
Director Malone, seconded by Director Todd, moved the rules be suspended
and the ordinance be placed on second reading. The recorded vote was:
Ayes: Colwell, Henry, Todd, Noland, Hughes, Malone, Lancaster.
Nays: None.
The Mayor declared the motion passed and the ordinance was read the second
time
Director Hughes, seconded by Director Todd, moved the rules be further
suspended and the ordinance placed on third and final reading. The recorded
vote was:
Ayes: Colwell, Henry, Todd, Noland, Hughes, Malone, Lancaster.
Nays: None.
The Mayor declared the motion passed and the ordinance was read the third
and final time.
Director Malone asked if Dr. Stanton could operate in the existing
building under the present zoning and David McWethy said he could operate,
but if the building were destroyed, he would not be allowed to rebuild with-
out the rezoning. Malone said he feels R-0 is a reasonable compromise along
the frontage of North Street. He said he feels R-0 is a good buffer to try
to keep the commercial zoning from spreading. He also noted that this is a
good location for R-0, because of the proximity to the regional medical center.
Director Colwell said he would abstain from voting on this item since
he is a pharmacist and veterinarians sometimes write prescriptions for medicine.
Mayor Lancaster asked if the ordinance should pass. The recorded vote
was:
Ayes: Henry, Todd, Noland, Hughes, Malone, Lancaster.
Nays: None.
Abstain: Colwell.
The Mayor declared the ordinance passed, rezoning said property from
R-3, High Density Residential District to R-0, Residnetial Office District.
ORDINANCE NO. 2488 APPEARS ON PAGE 12 OF ORDINANCE AND RESOLUTION BOOK VII.
OIL & GAS LEASE / Lake Wilson
David McWethy read a resolution to enter into an oil and gas lease with
Northwest Minerals, Inc., for property located at Lake Wilson, for $320 plus
1/8 of the proceeds.
Director Hughes said he doesn't feel the City should enter into the lease
without knowing who the principals in the company are.
City Manager Grimes said the Parks Board has reviewed this and indicated
they were going to recommend denial of the request.
Mayor Lancaster pointed out that Wilson Park is City property and belongs
to all the citizens of Fayetteville. Hesaid they have been working toward
developing a recreation area there and said he can't vote for any type of lease
on City property.
B. L. Lewis, representing Northwest Minerals, Inc., stated that the
principals in the lease are Fred Brock, Joe Fred Starr, Bill Thurman, and
Dewayne Baker. Lewis said they presently have 25 wells, 17 of which are
producing. He explained that it takes about 60 feet to drill the well. He
noted that they wouldn't have to drill in the middle of the field, they could
be 200 feet or so away. He noted that the income is worth something, but it
is also important to have gas produced in this area. He said Northwest
Minerals, Inc. is presently selling the gas produced to Arkansas -Louisiana
Gas.
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Director Todd asked how close they have drilled and found gas and
Lewis said they have found gas approximately 10 miles from Lake Wilson.
He said they intend to do some drilling in that area soon and pointed out
that there is gas in the water wells around Lake Wilson.
B. L. Lewis explained that money earned would be for the entire 160
acre unit and everyone in the unit together would draw 1/8 of what all the
gas wells in the 160 acres produced. He pointed out that there may not be
a well on Lake Wilson property, or all the wells could be on Lake Wilson
property. Mr. Lewis extimated that the producing wells make about $150 per
week.
397
397.1
397.2
Mr. Lewis noted that there will not be anyone on the property until they 397.3
drill the well and after the well is drilled, someone will be there once a
week. Lewis said the dug well will take 2 ft. x 16 ft., and all that would
N be ablve ground would be a pipe and meter. Lewis said the only waste produced
CO would be when the well is dug. He noted that the lease states they cannot get
within 200 feet of a building with the well, and the persons asking for the
LO lease are responsible for any damages.
(� Director Hughes, seconded by Malone, moved the oil and gas lease be denied. 397.4
The recorded vote was:
Ayes: Colwell, Todd, Noland, Hughes, Malone, Lancaster.
Nays: Henry.
The Mayor declared the motion passed.
Director Todd noted the letter from Rodger Seratt and Mr. Christee, Chairman 397.5
of the Lake Wilson Jaycee Committee. Christee said he would appreciate the Board
members looking at what they have done. He said they have cleaned up the dam and
have talked to persons at the soil conservation service who feel there is nothing
wrong with the dam, but may want them to make some slope changes. Mr. Christee said
they do plan to have a meeting with the City Manager and Parks and Recreation
Committee to discuss further steps.
Director Colwell questioned how they feel about the oil and gas lease 397.6
proposed by Northwest Minerals, Inc. and Christee said they really don't have an
opinion on that, they feel that is between the City Board and Northwest Mineral
Co
INDUSTRIAL PARK SALE / L.A. Brush Mfg. Co.
The Mayor opened discussion on a resolution authorizing the Mayor and 397.7
City Clerk to execute a purchase contract with L. A. Brush Manufacturing Company
for the sale of "Tract D, Lot 4" in the Fayetteville Industrial Park.
Director Colwell asked what would happen to the land if L. A. Brush Mfg. 397.8
Co. finds they don't need it. Dale Christy said the City would have first
refusal rights on the property at the purchase price plus 6% interest from the
time it was purchased.
Administrative Assistant McWethy read the resolution authorizing execution 397.9
of the purchase contract.
Director Hughes, seconded by Malone, moved the resolution be approved. The 397.10
recorded vote was:
Ayes: Colwell,Henry, Todd, Noland, Hughes, Malone, Lancaster.
Nays: None.
The Mayor declared the motion passed.
RESOLUTION NO. 69-78 APPEARS ON PAGE 1 OF ORDINANCE AND RESOLUTION BOOK VII.
Dale Christy read the amendments which he and the City Attorney had worked out
with Norris Industry for the contract for sale of Industrial Park property
approved by the City Board of Directors at their last meeting.
397.11
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11/21/78
PUBLIC HOUSING RESOLUTION
Administrative Assistant McWethy read a resolution authorizing the application
for a preliminary loan of $10,400 for surveys and planning in connection with a 52
dwelling unit low -rent housing project.
Bromo Wilson, comptroller of the Housing Authority, explained that this loan
is made to the Housing Authority and when the 52 units go through, then they will
buy the 52 units and go into permanent financing.
Director Malone asked if the units would be built in different areas of
town and Mr. Wilson said they would be. He said the 52 units would be in 16
buildings and they would like to have them scattered over town as much as possible.
Director Todd, seconded by Malone, moved the resolution be approved.
The recorded vote was:
Ayes: Colwell, Henry, Todd, Noland, Hughes, Malone, Lancaster.
Nays: None.
The Mayor declared the resolution passed.
RESOLUTION NO. 70-78 APPEARS ON PAGE 2 OF ORDINANCE AND RESOLUTION BOOK VII.
CD RESOLUTION / Section 312 Housing Rehabilitation Loans
Administrative Assistant McWethy read a resolution authorizing the Community
Development Housing Assistance Coordinator to sign the necessary documents in
connection with "Section 312" housing rehabilitation loans.
Rick Mason explained that in order for Community Development to be able to
obtain Section 312 loans, which are low interest loans (31/2%) the City Board must
authorize someone to be the sign -off person to sign applications which will be
sent in. He said it is customary for the housing assistance coordinator to sign
these loans.
Rick Mason pointed out they could bring $100,000-$200,000 a year into the
City to benefitpeople in rehabilitation of substandard homes, and then those
persons would be required to pay back the loans.
City Manager Grimes questioned CD's involvement in administering the
loans and Rick Mason said HUD would approve the loan and CD receives the check)
oversees the work, and disburses the money to the contractors. He said after
final inspections have been made, they would pay the contractor. Mason said
Modern American in Little Rock services the loan after completion of the
project.
Director Colwell asked if they made any loans under the housing assistance
loans last year and Mason explained that no one in Fayetteville has processed these
loans. He noted that HUD will not continue to make loans in the area if the City
runs a 10% or better default rate. Mason pointed out that once you have used
the 312 program, you will have priority on obtaining loans the following year.
Director Noland, seconded by Henry, moved the resolution be approved.
The recorded vote was:
Ayes: Colwell, Henry, Todd, Noland, Hughes, Malone, Lancaster.
Nays: None.
The Mayor declared the resolution passed.
RESOLUTION NO. 71-78 APPEARS ON PAGE 3 OF ORDINANCE AND RESOLUTION BOOK VII.
COMMENDMENT OF CITY ATTORNEY
Director Hughes commended the City Attorney and said he thinks "Jim McCord
is one of the best city attorneys any city could ever have".
CD RESOLUTION / CD Participation Plan
Mr. McWethy read a resolution approving an updated version of the CD
Development Citizen Participation Plan.
Director Todd suggested the following amendment --page 11.07, Section 2
would read "and the remainder will be composed of residents who will include the
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involvement of low and moderate income persons; members of minority groups,
residents of areas where a significant amount of activity is proposed, the
elderly, the handicapped, the business community and civic groups which are
concerned about the program". Director Noland agreed with the proposed
amendment.
CD Director Mason said Fayetteville has an Advisory Committee, which 399.2
should be composed of a substantial representation of low and moderate income
and members of minority groups.
Director Todd said he feels they need this addition to the proposed resolu-
tion to try to get the best qualified people on the Committee. Mason noted that
HUD has told them if they don't have a good balance of persons on the Committee,
the CD office will need to go out and get people to apply. He said HUD is
trying to get people in the area where the biggest benefit will be to express
their views by being members of the committee. Mason noted CD will have the
authority to spot -rehabilitate.
Director Todd noted that the way the plan is worded, they can have 8 or 9
floating members on the advisory committee.
Director Todd, seconded by Malone, moved that Section 2, page 11.07, be 399.5
amended to read "and the remainder will be composed of residents who will include
the involvement of low and moderate income persons; members of minority groups,
residents of areas where a significant amount of activity is proposed, the
elderly, the handicapped, the business community and civic groups which are
concerned about the program". The recorded vote was:
Ayes: Henry, Todd, Noland, Hughes, Malone, Lancaster.
Nays: None.
Absent at roll call: Colwell.
Director Henry, seconded by Colwell, moved the amended resolution be
approved. The recorded vote was:
Ayes: Colwell, Henry, Todd, Noland, Hughes, Malone, Lancaster.
Nays: None.
The Mayor declared the resolution passed.
RESOLUTION NO. 72-78 APPEARS ON PAGE 4 OF ORDINANCE AND RESOLUTION BOOK VII.
HOSPITAL PROPERTY
Administrative Assistant McWethy read a resolution authorizing the Mayor
and City Clerk to execute a warranty deed conveying property to the Fayetteville
City Hospital.
City Manager Grimes said the city attorney had stated that he sees nothing
wrong with the agreement.
Director Hughes, seconded by Henry, moved the resolution be approved.
The recorded vote was:
Ayes: Colwell, Henry, Todd, Noland, Hughes, Malone, Lancaster.
Nays: None.
The Mayor declared the resolution passed.
399
399.1
399.3
399.4
RESOLUTION NO. 73-78 APPEARS ON PAGE 5 OF ORDINANCE AND RESOLUTION BOOK VII.
AIRPORT BIDS
The Mayor opened discus
for bids for construction of
at Drake Field.
City Manager Grimes sai
part of DeceMber and receivi
to award the bid. Grimes sa
roads, ramps, etc. will not
sion on a resolution authorizing the advertisement
the new terminal building and related facilities
d they had comtemplated advertising in the early
ng bids about the 10th of January allowing 60 days
id they feel part of the planned improvements,
be advertised for bids until a later date.
399.6
399.7
399.8
399.9
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11/21/78
400
400.1 Director Todd asked if there would be some expendable areas and Grimes said
he didn't know, but would talk to the architect about this.
400.2 Director Todd, seconded by Colwell, moved the authorization be granted.
The recorded vote was:
Ayes: Colwell, Henry, Todd, Noland, Hughes, Malone, Lancaster.
Nays: None.
The Mayor declared the resolution passed.
RESOLUTION NO. 74-78 APPEARS ON PAGE 6 OF ORDINANCE AND RESOLUTION BOOK VII.
ANNEXATION PETITION / David McWethy & Peggy Frizzell
400.3 David McWethy read a resolution accepting the annexation of a 3.83 acre
parcel of property located east of Highway 265 and on the north side of County
Road 555.
400.4 Mayor Lancaster asked if Clear Creek Acres has been annexed into the
Fayetteville City limits and McWethy said "no". Director Malone noted that
Clear Creek Acres is in the Springdale water service area.
400.5 Director Malone, seconded by Henry, moved the annexation be approved. The
recorded vote was:
Ayes: Colwell, Henry, Todd, Noland, Hughes, Malone, Lancaster.
Nays: None.
The Mayor declared the resolution passed.
RESOLUTION NO. 75-78 APPEARS ON PAGE 7 OF ORDINANCE AND RESOLUTION BOOK VII.
AWARD OF BIDS / 2406 Old Wire Road
400.6 Purchasing Officer Sturman Mackey recommended award of a bid for property
located at 2406 Old Wire Road to Marilyn Shoffit, the highest bidder.
400.7 Director Malone, seconded by Hughes, moved the bid be awarded to Marilyn
Shoffit for $29,000. The recorded vote was:
Ayes: Colwell, Hughes, Todd, Noland, Hughes, Malone, Lancaster.
Nays: None.
The Mayor declared the motion passed.
FAYETTEVILLE YOUTH CENTER GYM
400.8 Skip Holland explained that the Youth Center Board has $423,000 left to
spend on the cymnasium at the Youth Center, after paying attorney fees and pre-
liminary architectural drawing fees. He noted that they have four bids, all
within $10,000 of each other. He said the lowest bid, excluding the handball
courts, and at the local wage rate, would still be $584,000, and architectural
fees would be in addition to that. He noted that they are waiting on a determi
nation from Judge Jameson regarding the wage rate, and it is difficult for
them to make a request for alternative financing until the outcome of the
lawsuit. Skip Holland said a favorable determination would give them a base
figure of $584,000, and they would still need about $200,000 to complete the
project. Holland pointed out that the bids included things such as bleachers,
kitchen equipment, and a score board for the gym, which could probably be
solicited by private organizations. He said approximately 5% of the cost
could be attributed to these things, and excluding these, and the handball
courts would be the only ways they could reduce the costs.
400.9 Holland said he would suggest they table this matter for two weeks to see
if a determination could be reached on the lawsuit.
400.10 Director Malone noted that they have 60 days to accept the bids and it
has only been 10 days since the bids were opened.
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11/21/78
Mayor Lancaster asked what the Parks Board would do if they got a
favorable ruling, but still didn't have the additional $175,000 needed and
Holland said they may be able to eliminate a portion of what they have asked
for. He said he felt if there is any way possible they could raise the addi-
tional money needed, they should try to do that.
Skip Holland said they estimated initially that the maximum amount of 401.2
money they would need to raise would be about $50,000. Thermon Crocker noted
that they have already eliminated gymnastics.
Director Noland questioned if they could hold the money from other 401.3
projects until this project is completed. Holland said the difficulty he
would have with that is the bond issue itself was $150,000 for improvements
of City parks and $450,000 for construction of this facility, and also, they
have spent a great dealt of time and effort determining how the money could
(V best be spent. He also said he didn't know if it would be within the power
of the Parks Center Board to transfer the extra money to the Youth Center Gym.
LnDirector Malone suggested they ask the City Attorney to express the 401.4
Board's concern to get as prompt a decision as possible out of the court and
U that he look at the bond ordinance to determine if the extra library funds are
Q available for use for other purposes, and if transferring other funds would be
Cr a possibility.
Director Malone, seconded by Hughes, moved award ofthe bid for_the Youth 401.5
Center gym be tabled. The recorded vote was:
Ayes: Colwell, Henry, Todd, Noland, Hughes, Malone, Lancaster.
Nays: None.
The motion was declared passed.
401
401.1
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OTHER BUSINESS
FRIDAY AFTER THANKSGIVING
City Manager Grimes asked if the Board would be willing to permit City
employees to take the Friday after Thanksgiving as an additional holiday. He
said they would be recommending a change for next year to substitute the Friday
after Thanksgiving for one of the other holidays.
Director Malone, seconded by Director Hughes, moved that Friday after
Thanksgiving be considered as an additional City holiday for this year. The
recorded vote was:
Ayes: Colwell, Henry, Todd, Noland, Hughes, Malone, Lancaster.
Nays: None.
The motion was declared passed.
AIRPORT CEILOMETER
City Manager Grimes said they have a recommendation for the relocation of
a ceilometer at Drake Field Airport. He said the engineers are recommending
that the Mayor and City Clerk be authorized to enter into a contract with
Pendleton Electric for relocation of the ceilometer for $638.75, since the
ceilometer is located where they plan to locate the new terminal building.
Director Malone, seconded by Colwell, moved the bid be awarded.
The recorded vote on the motion was:
Ayes: Colwell, Henry, Todd, Noland, Hughes, Malone, Lancaster.
Nays: None.
The Mayor declared the motion passed.
401.6
401.7
401.8
401.9
11/21/78
4(12
WATER/SEWER COMMITTEE RECOMMENDATION / Mud Creek/Zion Road
402.1 Director Noland acknowledged a letter from City Engineer Don Bunn concerning
the Mud Creek/Zion Road sewer project. He noted that there is at least $40,000 in
private contributions to help construct the sewer.
402.2 Director Noland said McClelland Engineering was the low bidder for
engineering for this project, and City Engineer Bunn had recommended they be
awarded the bid, and authorized to proceed with engineering.
402.3 Director Noland, seconded by Malone, moved the bid be awarded to McClelland
Engineering. The recorded vote was:
Ayes: Colwell, Henry, Todd, Noland, Hughes, Malone, Lancaster.
Nays: None.
The motion was declared passed.
MINUTES
402.4 Director Malone asked that on paragraph 384.3 "regarding some lease amounts"
be deleted. He also asked that paragraph 384.5 be amended to reflect that the
ordinance establishing the Public Facilities Board "was left on second reading".
402.5 Director Todd stated that paragraph 389.3 should read that the City had
"acted on" a report from Gaddy and Co.
402.6 With these corrections, the minutes were approved as mailed.
ROGERS FLOURIDATION
402.7 Director Colwell said the City of Rogers is considering flouridation and
may be willing to share the Beaver Water Treatment Plant facilities and expenses
with the City of Fayetteville, if flouridation is approved by tiie City of Rogers.
The meeting adjourned at 11:10 P.M.
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