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HomeMy WebLinkAbout1978-12-19 Minutes410 MINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Fayetteville Board of Directors was held on Tuesday, December 19, 1978, at 6:30 P.M., in the Directors Room, City Adirinistration Building, Fayetteville, Arkansas. PRESENT: Mayor Ernest Lancaster, Directors John Todd, Paul Roland, David Malone, Philip Colwell, and Ann Henry, City Manager Don Grimes, City Attorney Jim McCord, Administrative Assistant David McWethy, and City Clerk, Angie Medlock. ABSENT: Director Al Hughes. OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER 410.1 After a moment of respectful silence and roll call, Mayor Lancaster called for consideration of the first item of business. SIGN APPEAL / Fayetteville Drug 410.2 First for consideration was an appeal from the provisions of the sign ordinance, submitted by First National Bank of Fayetteville, for the new Fayetteville Drug Store building located at the southwest corner of the Square. Petitioner requests to be allowed two wall signs of 12 square feet each on one wall, and the ordinance allows one wall sign per wall of up to 150 square feet or 20% of the area of the wall. 410.3 Director Noland stated that this request seems to be in compliance with the spirit of the sign ordinance even though it may not be in literal agreement with the sign ordinance as it exists. He further stated that, in his opinion, he would rather have the two small signs than the size sign which the ordinance would allow. 410.4 Director Todd questioned if there is a demonstrated hardship. City Attorney McCord pointed out the language in the ordinance is that there should be a "practical difficulty". He noted that each variance should be granted on its own merit and said he did not feel granting a variance for this building would set a precedent. 410.5 Director Todd stated that given the architectural design of the building between the two signs, there would be practical difficulties involved with the symmetry of the building and the overall appearance of the building. Noland noted that the signs also mark the two entrances to the building. 410.6 Director Paul Noland, seconded by Director Malone, moved that the sign variance be granted as requested. The recorded vote on the motion was: Ayes: Todd, Noland, Malone, Lancaster, Colwell, Henry. Nays: None. A0sent: Hughes. The Mayor declared the motion passed. PARKING GARAGE 410.7 Director Malone asked that discussion of the preliminary feasibility study of the parking garage be tabled until later in the meeting. SIGN ORDINANCE AMENDMENT / Home Occupations 410.8 The City Attorney explained that the proposed ordinance would reconcile the sign ordinance with the home occupation ordinance. He then read the ordinance for the first time. 410.9 Director Malone, seconded by Henry, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Todd, Noland, Malone, Lancaster, Colwell, Henry. Nays: None. Absent: Hughes. The Mayor declared the motion passed and the ordinance was read the second time. uecember 19, 1978 Director Colwell questioned what would happen to existing 4 square feet 411 home occupation signs. City Attorney McCord explained that they would be non- 411.1 conforming, and would be allowed to continue. City Manager Grimes pointed out III that in 1980 all non -conforming signs would be required to come into conformance with the existing sign ordinance. Sign Inspector John Dietzen said the problem in the conflicting size of the- 411.2 sign allowed has arisen because the Zoning Ordinance allows a 3 square foot sign for a home occupation and the sign ordinance allows a 4 square foot sign. Director Colwell asked if this would affect real estate "for sale" signs and 411.3 Dietzen explained that real estate "for sale" signs are temporary signs listed under exemptions. Director Colwell, seconded by Henry, moved the rules be further suspended 411.4 and the ordinance placed on third and final reading. The recorded vote was: Ayes: Todd, Noland, Malone, Lancaster, Colwell, Henry. N Nays: None. CO Absent: Hughes. The Mayor declared the motion passed and the ordinance was read the third and 411.5 final time. L) Mayor Lancaster asked if the ordinance should pass. The recorded vote was: 411.6 Q Ayes: Todd, Noland, Malone, Lancaster, Colwell, Henry. 'Cr Nays: None. Absent: Hughes. The Mayor declared the ordinance passed. ORDINANCE NO. 2491 APPEARS ON PAGE 15 OF ORDINANCE AND RESOLUTION BOOK VII. EASEMENT ABANDONMENT / Rosewood Estates / Lot 11 The City Attorney stated that the City Engineer has no objection to abandoning 411.7 this utility easement located in Rosewood Estates. He then read the ordinance for the first time. Director Todd, seconded by Malone, moved the rules be suspended and the 411.8 ordinance placed on second reading. The recorded vote was: Ayes: Todd, Noland, Malone, Lancaster, Colwell, Henry. Nays: None. Absent: Hughes. The Mayor declared the. motion passed and the City Attorney read the ordinance 411.10 for the second time. Director Noland, seconded by Todd, moved the rules be suspended and the ordinance be placed on third and final reading. The recorded vote was: Ayes: Todd, Noland, Malone, Lancaster, Colwell, Henry. .Nays: None. Absent: Hughes. The Mayor declared the motion passed and the ordinance was read the final time. 411.11 Mayor Lancaster asked if there are any utilities in this easement at the present 411.12 time and McCord said "no". He stated that the Planning Administrator had suggested adding a section to this ordinance that this lot could not be built on, but ticCord stated that he feels the Zoning Ordinance will cover this. Director Todd questioned if the City bought this property and City Manager Grimes 411.13, said they did not, it was given when the subdivision was developed. There being no further discussion, the Mayor asked if the ordinance should pass. 411.14 The recorded vote was: Ayes: Todd, Noland, Malone, Lancaster, Colwell, Henry. plays: None. Absent: Hughes. The Mayor declared the ordinance passed. ORDINANCE N0. 2492 APPEARS ON PAGE 16 OF ORDINANCE AND RESOLUTION BOOK VII. December 19, 1978 412 NOMINATION / Parks and Recreation Advisory Board 412.1 Director Todd moved the nomination of Romey Thomason to the Parks and Recreation Advisory Board. Director Henry seconded the motion. The recorded vote was: Ayes: Todd, Noland, Malone, Lancaster, Colwell, Henry. Nays: None. Absent: Hughes. The Mayor declared the motion passed. HOLIDAY CHANGES 412.2 City Manager Grimes recommended that the following changes be made in the City holiday schedule: the Friday after Thanksgiving be added as a paid holiday to replace George Washington's Birthday (the third Monday in February), and change the date for observing Veterans' Day from the fourth Monday in October to November 11. 412.3 Director Todd asked if this change has been reviewed by any of the employees and Grimes explained that it has not been reviewed by any of the employees, but has been discussed by the staff. Mayor Lancaster noted that this would assure City employees of a four day weekend at Thanksgiving. 412.4 Director Noland, seconded by Henry, moved the changes be granted. The recorded vote was: Ayes: Todd, Noland, Malone, Lancaster, Colwell, Henry. Nays: None. Absent: Hughes. The Mayor declared the resolution passed. RESOLUTION NO. 77-78 APPEARS ON PAGE 13 OF ORDINANCE AND RESOLUTION BOOK VII. AIRPORT RESOLUTION / Airport Facilities Grant Agreement 412.5 City Manager Grimes explained that the proposed resolution is for a grant agreement for '0392,000 for the terminal building at Drake Field. He noted that this is the last of the FAA money. 412.6 Director Malone, seconded by Henry, moved the resolution be approved. The recorded vote was: Ayes: Todd, Noland, Malone, Lancaster, Colwell, Henry. Nays: None. Absent: Hughes. The Mayor declared the resolution passed. RESOLUTION NO. 79-78 APPEARS ON PAGE 15 OF ORDINANCE AND RESOLUTION BOOK VII. COMMUNITY DEVELOPMENT 412.7 Community Development Director Rick Mason stated that he had met with HUD officials since receiving the letter included in the Directors Agenda. He noted that there are three basic areas which are still not clear,--tne first area of concern is right-of-wav acquisition. He stated that they have made much progress on this. He noted that there is a problem with easements on Rogers Avenue. He said HUD is wanting them to clear up the easements which they have asked for, but they will not be required to complete the project. Mason stated that the City Engineer wants to keep the easements because he feels some day the.5ewer lines will be built. He said the acquisition and appraisal will be paid for out of CD funds. 412.8 Mason said the second area where there are problems is in housing rehabilitation. He said the CD office hopes to have all the records necessary soon Put there will be some problems in that some projects may be declared ineligible for CD fundinn. Mason explained that two houses rehabilitated are being purchased o:i a contract agreement, so the CD office will need to check the dates of those contracts to determine if they will be eligible. Mason said he feels the least expensive way 1 i December 19, 1978 413 to complete the projects already started which were not completed as they should 413.1 have been, would be for the City to hire a carpenter and purchase materials and finish I them. He stated that he feels the City should proceed immediately on getting these projects completed. He stated that there are about 30 of those projects which will need some work done. Director Noland suggested the City Manager try to get some people from the 413.2 Parks and Recreation Department or other departments of the City to finish the work. Director Malone questioned where the funds would be coming from and City Manager Grimes said they would have to come from the General Fund Reserve. Director Todd questioned how the new construction, which has been declared 413.4 ineligible by HUD, had been authorized. Grimes stated that if the builders had N left the old studs up and rebuilt the room, it would not have been. considered as new construction. He said they tore the old room down completely and rebuilt it (Y) and this is considered new construction. Director Todd was also concerned about In the house which the father-in-law owned and one of his children occupied, which was 0 rehabilitated, and declared ineligible by HUD. Mason said this would be ineligible ,Q because the house was not owner -occupied. He said for this project, $3,671 would have to be paid back. Q Rick Mason stated that ownership data has been gathered by the CD office, but 413.5 they still need to get income verification to see if people qualified for the CD rehabilitation. Rick Mason said $5085 used to pay for relocation of two public utilities was 413.6 declared ineligible for CD funding. He noted that there is also some question if the City is obligated to pay for moving of public utility lines. Mason said HUD doesn't care if this amount is paid by the City or by Urban Renewal. The concensus of the Board was to ask Urban Renewal to pay back the $5085 paid for relocation of utility ri lines. Rick Mason stated that $8327.23 was spent at the Industrial Park baseball 413.7 field to build restrooms and a concession stand. He said this was not done with any contractual procedures, there are no plans for the building, and two people were hired, at minimum wage, to help a contractor do the construction. City Manager Grimes said he thought there was a $10,000 minimum before you have to go for a wage rate determination. He also stated that he felt the restrooms and concession stand were discussed with a representative from HUD before construction was done. Grimes said he would like to get a wage rate determination before paying the money back. Mason also pointed out that $7775 has been determined as ineligible --part of 413.8 this involves the $300 extension fee charged to 13 property owners on CD funded sewer lines and the other is duplicate payments. Director Todd stated that the extension fee to hook on to sewer is for the 413.9 whole system, and not just building of that particular sewer line. Director Noland agreed with Todd. Mason pointed out that the wording in the ordinance is that this fee is to reimburse construction costs. Director Todd said he would be willing to arguethis point with HUD officials. Director Noland moved that the $7774.00 be reimbursed to CD from the Water/Sewer 413.10 Reserve Fund. Director Malone seconded the motion. The recorded vote was: Ayes: Todd, Noland, Malone, Lancaster, Colwell, Henry. Nays: None. Absent: Hughes. The Mayor declared the motion passed.. IIICD Director Mason further explained that there were duplicate payments for hook- 413.11 i ups on CD constructed lines. He said these payments amount to $6,300. He said the City Engineer is 'trying to determine what portion of the cost of building these lines was paid by Community Development. Mason said $6,300 is the maximum amount he felt the City would be required to repay. He said $3,950 of this is definitely, duplicate payments. December 19, 1978 414 414.1 Director Malone moved that the duplicate payments of $3,950 be repaid from the Water/Sewer fund. Director Henry seconded the motion. The recorded vote was: Ayes: Todd, Noland, Malone, Lancaster, Colwell, Henry. Nays: None. Absent: Hughes. The Mayor declared the motion passed. 414.2 Rick Mason said that $10,500 was paid by 35 property owners payinn to tap on to CD lines. He said the Area Counsel has requested a recommendation from Regional Council on whether these payments should be refunded to the people or to the CD office Mason said they have requested, and the Area Counsel agrees, that these funds go to Community Development. 414.3 Director Noland asked if the City would have to reimburse CD for hook ups on CD lines. Malone noted that if low and moderate income people tap on to a CD line, the City would not charge them a tap fee. Malone said someone in a higher income bracket would be required to pay a tap fee which would go to CD. Malone pointed out that this may be a problem several years from now. Rick Mason said the Board may need to look at revising the tapping fee ordinance. 414.4 Director Malone said he would be inclined to let the Area Counsel know the City will pay this money back to CD or the people, but will leave it in the Water/Sewer fund until the determination is made by Regional Counsel of where it should go. 414.5 Rick Mason noted that there is $1,076.76 which was used to reimburse the City for materials, labor and equipment costs associated with sewer installations for nine property owners, in addition to the connection fees, for CD funded sewer lines. He stated that this would have to be repaid. Malone asked Mason if there is any question these are duplicate payments and Mason said "no". 414.6 Director Malone, seconded by Noland, moved that $1,076.76 be paid back. The recorded vote on the motion was: Ayes: Todd, Noland, Malone, Lancaster, Colwell, Henry. Nays: None. Absent: Hughes. The Mayor declared the motion passed. 414.7 Further discussion of the CD program was postponed until a later Board neeiing. PARKING GARAGE 414.8 Mark Goode was present representing Young, Hadawi & DeShazo, to explain a feasibility report regarding ,,anstruction of a parking deck near the norn east corner of the Fayetteville Square. 414.9 Goode stated that the feasibility study provides estimates necessary to show that the parking deck is feasible. He said the study area around the proposed site is bounded by an area which would be considered a reasonable walking distance to the garage. He said they used the boundaries of Spring, Block, Mountain, and the County facilities on College. He noted that the majority of people using this facility will also be using the Continuing Education Center and/or the hotel. Goode then presented a summary of the feasibility study to the Board. (A copy of this study is on file in the City Clerk's office). 414.10 Goode explained that the parking facility as it is now designed will provide at least 290 spaces. He said the parking estimate for the hotel and CEC when they reach their full potential is 480 spaces. He stated that the overall construction cost of the proposed garage would be $980,000. Goode pointed out that the parking garage will not require additional revenue from the hotel motel tax. 414.11 Todd questioned why certain things such as removal of existing buildings, widening of Meadow Street and relocation of utilities were excluded from determination of cost assumption. Goode noted that relocation of utilities will not be required by the garage itself. Malone said the cost of resurfacing the alley, if there is any damage to the alley during construction, will be hard to proportion between the CEC, the parking garage, and the hotel. He said he feels they will have to look at the overall project and may have trouble assigning the costs to the different projects. 1 1� December 19, 1978 Director Colwell questioned if the City staff could handle operating the 4 1 J gate at the garage. Goode noted that the garage will replace 108 meters which are 415.1 checked and collected at the present time. He said YHD felt it was logical that 111 the current structure for accounting and bringing this money into the City treasury was already set up as a result of all the parking meters which now exist, and could be used. Director Noland said he feels many of the costs in the operating budget are very minimal. He questioned what kind of insurance the $6,000 would cover and Goode 415.2 said it:•would be liability. Director Noland also stated that he feels the operating costs budgeted for personnel are at least 10-15% too low. Mark Goode noted that the operating and maintenance costs do not have inflation415.3 figures built in. He said the City may have to increase parking rates to deal with the inflation. Goode said the City may want to raise the rates quicker than what YHD has proposed for the next five years. N Director Todd said he "doesn't view the City as being in the parking business".415.4 (Y) He said he feels the City has the ability to package the projects, but doesn't see in why the City general fund should have to bear any of the cost of the projects. Director U Malone stated that it has never been said that any of the cost would come out of the Q City general fund. Mayor Lancaster said any extra expenses would come out of the Hotel, Motel, Restaurant tax rather than the general fund. Todd said he doesn't Q feel people voted for the Hotel, Motel, Restaurant tax to be used for the parking garage and stated that he feels the garage should pay for itself. Mayor Lancaster stated that they couldn't build the CEC without any parking spaces. Todd stated that before they build the parking garage, he wants to be assured 415.5 all costs are included so the City won't have to subsidize anything. He stated that any kind of agreement the City makes with the hotel and CEC should note that the lhotel and CEC will be expected to cover any additional costs. There was some discussion on how they could proportion certain costs, such as 415.6 repaving of the alleys. Director Noland suggested the hotel and parking garage each pay half for the resurfacing and when the alley reaches the CEC building, they should bear a portion of the cost from that point on; he suggested the cost for repaving the alley to the west should be shared between the hotel and CEC. Director Malone questioned who would pay the cost of the acquisition and demolition of the alley. Todd said it seems the City could use what they need of this and 415.7 lease the other as commercial space. Director Colwell questioned where the construction workers for theCEC and 415.8 parking facility, and hotel would park and Richard Osborne said they are negotiating with two churches in the area to use their parking lots and have someone from the construction site transport the workers back and forth to the job. Newton Hailey said they estimate the parking garage being completed in 12 months. Director Colwell questioned if there have been any garages built for less than $3,000 per parking space and Goode said there have been larger garages built at 415.9 less per space, and also garages of the type - the City would not want. He said with those garages, they could get the cost down in the lower $2,000 range. Director Colwell said he feels the northeast staircase would be totally unused 415.10 and suggested they move it to the southeast corner for use by the people going to the courthouse. Goode said they would like to move the stairway, but it needs to be in that location to meet the City fire code. Director Todd questioned where the City stands on getting the guarantees from 415.11 the hotel people and the CEC and Grimes said the University people'have a copy of the feasibility study and the hotel people have been waiting for the study to come in and have indicated their willingness to negotiate on using the parking garage. December 19, 1978 416 STREET CLOSING / North Street 416.1 Ervan Wimberly explained that they are asking that an unopened portion of North Street between Eva Avenue and Sunset Avenue be closed as a street, but retained as a utility easement. He said they need to get the street closed so they can file the final plat of Sunset Woods Subdivision. City Attorney McCord said he has received written agreement from all utilities to close the street, but retain it as a utility easement. Mr. Wimberly explained that if the street is not closed, the subdividers would be required to dedicate an additional 5 feet right-of-way for North Street. Wimberly said most of the property owners feel this portion of North Street has already been closed. 416.2 City Manager Grimes noted that this portion of North Street was barricaded about five years ago at the request of the property owners. Mayor Lancaster asked if any objections had been received to the closing, and Mr. Grimes said "no". 416.3 Director Malone, seconded by Henry, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Todd, Noland, Malone, Lancaster, Colwell, Henry. Nays: None. Absent: Hughes. 416.4 Mayor Lancaster declared the motion passed and the City Attorney read the ordinance the second time. 416.5 Director Todd, seconded by Henry, moved the rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Todd, Noland, Malone, Lancaster, Colwell, Henry. Nays: None. Absent: Hughes. 416.5 The Mayor declared the motion passed and the ordinance was read the third and final time. The Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Todd, Noland, Malone, Lancaster, Colwell, Henry. Nays: None. Absent: Hughes. The Mayor declared the ordinance passed. ORDINANCE NO. 2493 APPEARS ON PAGE 17 OF ORDINANCE AND RESOLUTION BOOK VII. 1 1 OTHER BUSINESS 416.6 City Manager Don Grimes noted that the Public Facilities Board has retained Rausher- Pierce-Refsnes and Powell -Satterfield as underwriters for the bonds. MUNICIPAL AUDIT 416.7 City Manager Grimes explained the the City has, in four year increments, passed the auditing of city records to firms which have the staff to complete the audit. He said the City staff is recommending they employ Gaddy & Co. to do the municipal audit for the next four years. Grimes said it was pointed out to him that McCurdy, Worsham and Guinn, is another accounting firm in Fayetteville which might be interested in doing the municipal audit. He said he would get in touch with them, and if they want to do the audit and have capabilities of performing it, they could possibly perform the audit for the four years following Gaddy and Co. 416.8 Director Todd asked that they request that the annual reports be completed before the mid -year. 416.9 Director Malone, seconded by Todd, moved that Gaddy & Co. be retained to perform City audits for the next four years. The recorded vote on the motion was: Ayes: Todd, Noland, Malone, Lancaster, Colwell, Henry. Nays: None. Absent: Hughes. The Mayor declared the motion passed. December 19, 1978 417 WAGE RATE DETERMINATION APPEAL Mr. Grimes stated that he and the City Attorney are recommending the City 417.1 file an appeal concerning the wage rate determination decision. Director Todd, seconded by Malone, moved that the City Attorney be authorized 417.2 to file an appeal. The recorded vote was: Ayes: Todd, Noland, Malone, Lancaster, Colwell, Henry. Nays: None. Absent: Hughes. The Mayor declared the motion passed. LETTER OF RESIGNATION / Board of Adjustment Member Mr.Grimes noted that the Board has a copy of a letter of resignation from 417.3 •. Board of Adjustment member Richard Osborne. INDUSTRIAL PARK EASEMENT City Attorney McCord said the Board needs to pass a resolution authorizing 417.4 the Mayor and City Clerk to execute two easements on Norris Industry property in the Industrial Park. Director Henry, seconded by -Todd,. moved the resolution be approved. The 417.5 recorded Vote was: Ayes: Todd, Noland, Malone, Lancaster, Colwell, Henry. Nays: None. Absent: Hughes. The Mayor declared the resolution passed. . !RESOLUTION N0. 80-78 APPEARS ON PAGE ) 6 OF ORDINANCE AND RESOLUTION BOOK VII. COMMERCE DRIVE City -Attorney McCord said a serve Norris'Industries and they said this name will-not.conflict Director Henry, seconded by recorded vote was: Ayes: Todd, Noland, Malone, Nays: None. . Absent: Hughes. The Mayor declared the resolution newroad will be built in the Industrial Park to 417:6, are.asking that it be named "Commerce Drive". McCord with any other street names in the City. Todd, moved the resolution be approved. The 417.7 Lancaster Colwell, Henry. passed. RESOLUTION N0. 81-78'APPEARS ON PAGE 19 of ORDINANCE AND RESOLUTION BOOK VII. COMMENDMENT OF RETIRING BOARD MEMBER - Al Hughes The City Attorney read a resolution commending retiring director, Al Hughes. 417.8 Director Todd, seconded by Noland, moved the resolution be approved. The 417.9 recorded vote was: Ayes: Todd, Noland, Malone, Lancaster, Colwell, Henry. Nays: None. Absent: Hughes. Mayor Lancaster declared the resolution approved. RESOLUTION 82-78 APPEARS ON PAGE a0 OF ORDINANCE AND RESOLUTION BOOK VII. MINUTES The minutes of the December 5, 1978 Board meeting were approved as mailed. 417.10 December 19, 1978 41S BUDGET AUTHORIZATION 418.1 The City Attorney introduced a resolution authorizing the City Manager to expend up to 10% of the amount budgeted in the 1978 General Fund, Sanitation Fund, and Public Works Fund until the 1979 budget in approved. 418.2 Director Malone, seconded by Todd, moved the resolution be approved. The recorded vote on the motion was: Ayes: Todd, Noland, Malone, Lancaster, Colwell, Henry. Nays: None. Absent: Hughes. Mayor Lancaster declared the motion passed. RESOLUTION NO. 78-78 APPEARS ON PAGE 14 OF ORDINANCE AND RESOLUTION BOOK VII. There being no further business, the meeting adjourned at 9:05 P.M. 1