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HomeMy WebLinkAbout1979-05-15 Minutes63 MINUTES OF A BOARD OF DIRECTORS MEETING The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Tuesday, May 15, 1979, at 7:30 P.M., in the Director's Room, City Administration Building, Fayetteville, Arkansas. PRESENT: Mayor David Malone, Directors Ernest Lancaster, John Todd, Paul Noland, Richard Osborne, and Ann Henry; City Manager Don Grimes, City Attorney Jim McCord, City Clerk Angie Medlock, and Administra- tive Assistant David McWethy. ABSENT: Director Phil Colwell. 01 0 OTHERS PRESENT: Members of the audience and representatives of the news CO media. CALL TO ORDER Q The mayor called the meeting. Following roll call and a moment of 63.1 Q respectful silence, he asked for consideration of the first item of business. 1 1 FRANCHISE AMENDMENT / Southwestern Bell The City Attorney read an ordinance amending the telephone company 63.2 franchise tax agreement with Southwestern Bell Telephone Company The amendment would increase the franchise tax paid to the City to the rate of $120,000 per year beginning July 1, 1979; and to the rate of $148,000 per year beginning January 1, 1980. A portion of this franchise tax is built into the phone company's rate structure, and the remainder will be passed on to the consumers, as approved by the voters at the May 25, 1976 referendum. Director Lancaster, seconded by Henry, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: 63.3 Ayes: Noland, Osborne, Malone, Henry, Lancaster, Todd. Nays: None. Absent: Colwell. The mayor declared the motion passed and the ordinance was read the 63.4 second time. Director Henry, seconded by Noland, moved the rules be further suspended 63.5 and the ordinance placed on third and final reading. The recorded vote was: Ayes: Noland, Osborne, Malone, Henry, Lancaster, Todd. Nays: None. Absent: Colwell. The mayor declared the motion passed and the City Attorney read the 63.6 ordinance for the third and final time. City Manager Grimes explained that at budget time members of the Board 63.7 had asked the staff to contact the telephone company about an adjustment in their rate. Administrative Assistant McWethy said this amount would bring Southwestern Bell into line with franchise taxes paid by other utility companies. Mayor Malone asked why Southwestern Bell is charged a standard rate 63.8 rather than a percentage of gross revenue. David McWethy explained that the revenue of the telephone company is derived from interstate as well as intrastate calls. In answer to Director Osborne, McWethy said most of the other 64 64.1 utility companies pay a franchise tax of 4% of the gross revenue --2% of which may be incorporated into their rate base. The City Attorney explained also that the telephone company pays a state franchise tax, and voluntarily pays the City franchise tax in lieu of all other special taxes. 64.2 There being no further discussion, the mayor asked if the ordinance should pass. The recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. Absent: Colwell. The mayor declared the ordinance passed. ORDINANCE NO. 2531 APPEARS ON PAGE 96 OF ORDINANCE AND RESOLUTION BOOK VII. PERSONNEL POLICY AMENDMENT 64.3 The City Manager explained that the proposed amendment would get the personnel policy in uniformity throughout the City. He said this amendment was discussed at the department head meeting and the proposed amendments are recommended by the staff. 64.4 Following a discussion, the provisions of the amendment were changed to reflect that "classified employees who choose to work overtime 'with permission from the supervisor' in order to accumulate time off for personal use shall accumulate the time off on an hour -for -hour basis." 64.5 Director Henry, seconded by Osborne, moved the amended motion be approved. The recorded vote was: Ayes: Noland, Osborne, Malone, Henry, Lancaster, Todd. Nays: None. Absent: Colwell. The mayor declared the motion passed. RESOLUTION NO. 40-79 APPEARS ON PAGE 177 OF ORDINANCE AND RESOLUTION BOOK VII. NAEDD CONTRIBUTION 64.6 City Manager Don Grimes stated that for a number of years the City of Fayetteville has not participated in the Northwest Arkansas Economic Develop- ment District --they have looked upon the Regional Planning Commission as the planning agency. Grimes said, however, that some grants which the City may be requesting are processed through this agency and he feels the $1,500 contribution is a relatively small amount for what they have an opportunity to derive from the agency. 64.7 Director Henry moved the resolution be approved. Director Osborne seconded the motion. The recorded vote was: Ayes: Noland, Osborne, Malone, Henry, Lancaster, Todd. Nays: None. Absent: Colwell. The mayor declared the motion passed. RESOLUTION NO. 41-79 APPEARS ON PAGE 178 OF ORDINANCE AND RESOLUTION BOOK VII. ZION ROAD SEWER EXTENSION 64.8 Director Paul Noland explained that when bids came in for the proposed Zion Road sewer extension the lowest bid received was about $50,000 more than the budgeted amount. He said the Board Water & Sewer Committee had asked the contributing developers to give an additional $20,000 which would make their share $60,000 and the City's share $91,858. Director Noland said the Water & sewer Committee is recommending the bid be awarded on the basis of a $60,000 contribution from the developers. 1 1 1 1 5-15-79 Mr. William Giese, 2549 Zion Road said the City does not have a sewer easement over one portion of his property where the sewer line is proposed to go, and asked how the City could award a bid for a sewer line without the easement. After a short discussion the City Attorney told the Board that if the City needs an easement across a piece of property, they would attempt to negotiate with the property owner and if this failed, condemnation would be the alternative. Mr. Giese said he had talked to developer Jim Lindsey about trying to avoid losing a 150 year-old tree located where the proposed sewer line would go and Lindsey assured him that they would do everything they could to save the tree and the property would be restored to its current condition after the line is installed. Malone proposed, in light of Giese's concerns, that they award the bid contingent upon the easements being obtained. Director Lancaster pointed out that there are legal ways to obtain the easements and he doesn't feel the City should back off on installing the sewer line just because they are having problems obtaining easements. Mr. Giese said he wants to do everything within his legal rights to protect the tree and his property, but he would give the easement needed. Director Lancaster said he feels the easement can be worked out. Director Noland noted that the City Engineer is also recommending that the bid for the pipe be awarded to Tomlinson Asphalt at a price of $151,858, and incorporated this into his motion. Wayne Jones, McClelland Consulting Eng'neers, said the bid from Tomlinson would expire May 23, 1979. He sa'd specifications require a minimum 4" top soil and seeding of the area to be trenched for the sewer line. The mayor asked if the motion to award the bid to the low bidder on the basis of a $60,000 contribution from the developers and the bid for the pipe at a price of $151,858 should pass. The recorded vote was: Ayes: Noland, Osborne, Malone, Lancaster, Todd. Abstain: Henry. Absent: Colwell. The mayor declared the motion passed. Director Todd was concerned that they are letting the bid without first having the necessary easements. Director Noland pointed out that most of the time when you award a bid you do not have the easements. John Todd questioned who would pay for securing the easements if there is a cost involved. Mayor Malone suggested they could share the cost of obtaining the easements on the same basis as they are putting in the sewer line. Directors Todd and Lancaster said they did not feel the City should spend any more money --the developers should pay if there is any expense in obtaining the easements. Mayor Malone said if they do not obtain the easements by May 23, they could not give the contractor a notice to proceed on the project. Mr. Grimes pointed out that the contractor would not necessarily need an order to proceed but would like to have the contract executed so he could order materials. Director Henry commented that she had abstained from voting on this issue because she is a property owner in that area. Director Noland pointed out that the population projection for that area is 7,000-8,000 people for the next few years and he feels this sewer line is important to this entire area. Following further discussion, Mayor Malone, seconded by Director Todd, moved the bid be awarded conditioned upon the developer securing the easements or paying the cost of condemnation proceedings if necessary to complete the sewer line. The recorded vote was: 65 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 5-15-79 66 66.1 Ayes: Noland, Osborne, Malone, Lancaster, Todd. Nays: None. Abstain: Henry. Absent: Colwell. The mayor declared the motion passed. AUDIT REPORT 66.2 Director John Todd reported that most of the directors were at the finance committee meeting in which they reviewed in depth the 1978 General Fund audit report. He said the audit report shows that the General Fund is still in "healthy condition". He said that in 1978 only two departments exceeded their budgets. 66.3 Director Todd stated that the Public Works fund is a problem in that there are no reserves and they have budgeted $214,000 in expenses over revenue in 1979. Todd said they will either need to cut expenses or raise revenues, or transfer funds from another source. Todd said the revenue sharing fund will probably be involved in trying to correct the deficiency in the Public Works fund. 66.4 Todd said there were also some questions concerning the sanitation fund, which will have to come back to the Board after they have talked with Sanitation Superintendent Wally Brt. 66.5 Director Todd stated that he feels they need a system for updating the budget through the year as the Board makes new authorizations --for the interim statements as well as the audit report. Todd pointed out that there is quite a difference in the fund balances in the interim statements and the balances in the audit report. 66.6 Director Todd commented also that some figures may be misleading because things were handled a little differently for classification purposes, and in talking with Gaddy & Company they decided to change classifications of those things for the following years. 66.7 Todd asked if anything has been worked out about -the last two pages of the audit report concerning the municipal court and City Manager Grimes said he had taken a copy of this to the municipal judge but has not yet received a reply from him. Director Todd asked that they put this on the agenda to come back before the Board at a later date. AIRPORT REVENUE BONDS 66.8 A resolution was proposed approving the official bond statement and authorizing its use in connection with the sale of airport terminal revenue bonds. 66.9 Mayor Malone, seconded by Director Osborne, moved the resolution be approved. The recorded vote was: Ayes: Noland, Osborne, Malone, Henry, Lancaster, Todd. Nays: None. Absent: Colwell. The mayor declared the resolution passed. RESOLUTION NO. 42-78 APPEARS ON PAGE 179 OF ORDINANCE AND RESOLUTION BOOK VII. AIRPORT LEASE AMENDMENT / FAA 66.10 A resolution was proposed authorizing the mayor and city clerk to execute two lease amendments with the FAA for the Flight Service Station and Sector Field Office, and the Training/ Examination Room and Air Ground Console. The Administrative Assistant explained that in 1960 the City entered into a lease agreement with the FAA which has been amended since that time. He stated that this proposed amended lease would expire in 1980. Director Henry, seconded by Osborne, moved the resolution be approved. The recorded vote was: Ayes: Noland, Osborne, Malone, Henry, Lancaster, Todd. Nays: None. Absent: Colwell. The mayor declared the resolution approved. RESOLUTION N0. -43-79 'APPEARS ON PAGE 180 OF ORDINANCE AND RESOLUTION BOOK VII. 67 67.1 67.2 APPOINTMENT Q) Next was discussion regarding the appointment of a member to the Board 67.3 0 of Housing & Construction Appeals. The Board nomination committee had CO recommended John Lindsay. QDirector Todd asked if Lindsay lives in the City limits of Fayetteville 67.4 and David McWethy said he would check on this. Q No action was taken by the Board. The members asked David McWethy to 67.5 Q find out if Lindsay lives in the City limits before they make the appointment. 1 WARREN TOOL / Act 9 Bonds The City Attorney read an ordinance authorizing the issuance of 67.6 $2,500,000 in "Act 9" Industrial Development Revenue Bonds. Director Osborne, seconded by Mayor Malone, moved the rules be suspended 67.7 and the ordinance placed on second reading. The recorded vote was: Ayes: Noland, Osborne, Malone, Henry, Lancaster, Todd. Nays: None. Absent: Colwell. The mayor declared the motion passgd and the city attorney read the ordinance for the second time. Mayor Malone moved the rules be further suspended and the ordinance 67.8 placed on third and final reading. The recorded vote was: Ayes: Noland, Osborne, Malone, Henry, Lancaster, Todd. Nays: None. Absent: Colwell. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. There being no discussion, the mayor asked if the ordinance should 67.9 pass. The recorded vote was: Ayes: Noland, Osborne, Malone, Henry, Lancaster, Todd. Nays: None. Absent: Colwell. The mayor declared •the ordinance passed. ORDINANCE NO. 2532 APPEARS ON PAGE 98 OF ORDINANCE AND RESOLUTION BOOK VII. Director Henry, seconded by Director Lancaster, moved the emergency 67.10 clause be adopted. The recorded vote was: Ayes: Noland, Osborne, Malone, Henry, Lancaster, Todd. Nays: None. Absent: Colwell. The mayor declared the emergency clause passed. BID AWARDED / City Shop & Salt Storage Building Purchasing Officer Sturman Mackey recommended the bid be awarded to Duncan Paint Company, low bidder, for $5,290. He noted that total available funds for this project are $7,500. 67.11 68 68.1 Director Henry, seconded by Lancaster, moved the recommendation be accepted. The recorded vote was: Ayes: Noland, Osborne, Malone, Henry, Lancaster, Todd. Nays: None. Absent: Colwell. The mayor declared the motion passed. BID AWARD / Highway 71 South Water/Sewer Line Relocation 68.2 Mayor Malone noted the recommendations for the bid award are Combs Construction Company for the sewer line relocation at a cost of*(.012.135 and Sweetser Construction Company for the Wnsc& relocation at a cost of 114,0Vir S0 68.3 Director Todd asked the city manager if he felt they would have to delete part of the 2 inch line because of conflicts with the gas main along the proposed route and Grimes said he felt they would have to and said this could drop the cost $35,600 to $50,000. He said the bid would automatically be lowered this amount. 68.4 Mayor Malone asked how much money is set aside for this project and Grimes said they have set aside $160,000 but there are some other pro;lects from which they can get money to complete this project. 68.5 Director Lancaster, seconded by Henry, moved the bids be awarded as set out above. The recorded vote on the motion was: Ayes: Noland, Osborne, Malone, Henry, Lancaster, Todd. Nays: None. Absent: Colwell. The mayor declared the motion passed. BID AWARD / Sewer Crossing 68.6 Next was award of a bid for two sewer crossings on Highway 71 and the Bypass and the Bypass and Cato Springs Road. 68.7 City Manager Grimes explained that they are recommending that the City do one of the crossings and contract the other one because it will require 24 inch casing and tie City doesn't have the equipment to handle that. Grimes further explained that the funds used for the Johnson Road interchange relocations are 100% reimbursable and we could use part of those funds to complete these sewer crossings. Grimes said he expects the two crossings to cost $15,000-$18,000. 68.8 Director Noland moved the City Engineer's recommendation be accepted. Director Henry seconded the motion. The recorded vote was: Ayes: Noland, Osborne, Malone, Henry, Lancaster, Todd. Nays: None. Absent: Colwell. The mayor declared the motion passed. CHESTER HOUSE REZONING / Highway 265 & 45 68.9 Administrative Assistant David McWethy stated that at the May 14 Planning Commission meeting a rezoning petition for Chester House was unanimously approved to rezone a 39 -acre parcel of property east of Winwood Subdivision from A-1 to R-1. McWethy said House is ready to sub- mit a preliminary plat but the Planning Administrator will not accept the plat until the rezoning petition has been approved. McWethy said the rezoning petition would not normally come before the City Board until the June 5 meeting which would mean the petitioner would have to wait until after this was approved to file the preliminary plat, which would cause the petitioner a three-week delay. 1 1 David McWethy asked that the Board consider either approving 69 the rezoning at this meeting, or indicate to the Planning Administrator 69.1 that the Board doesn't know of any reason why this rezoning petition will not be approved in the future, and ask her to go ahead and accept the preliminary plat. Following discussion, Director Lancaster moved that the Board indicate 69.2 to the Planning Administrator that they do not feel there is any reason why this property would not be rezoned: Director Todd seconded the motion. Ervan Wimberly stated that the preliminary plat would go to the Planning 69.3 Commission on May 25. It was noted that the preliminary plat could be approved by the Planning Commission contingent upon approval of the rezoning by the City Board at their June 5 meeting. The recorded vote on the motion was: 69.4 Ayes: Noland, Osborne, Malone, Henry, Lancaster, Todd. 0) Nays: None. Absent: Colwell. - CO The mayor declared the motion passed. 0SEWAGE TREATMENT PLANT City Manager Grimes stated that one of the industries had discharged 69.5 Q a large quantity of copper material which has killed all of the bacteria at the pollution control plant. He said this is a serious problem and they are trying to find out where the copper compound came from. Grimes said Mike Lawrence has said that it will probably be about three weeks before the copper is washed out of the plant. NEW SCHOOL Attorney Tom Burke was present representing the New School. He stated 69.6 that the New School is a non-profit facility which presently operates a school for children in the 3-6 year age group. He said the present school is operated out of Leverett Garden Apartments. Burke said the New School has been given a two -acre tract of land on which to build a new school. Burke stated that City ordinance requires that property have frontage on a public street and access to this property would be a private drive serving the Nettleship property, which the New School has a 30 -foot perpetual easement for. Burke explained that they had gone to the Board of Adjustment for a variance from the requirement that they have access on a public street but the Board of Adjustment had trouble with the variance request because they did not feel there was a "hardship". Mr. Burke said the New School takes the position that this is an 69.7 infrequent use with special factors and asked that the City Board waive the requirement for frontage on a public street, and allow the school to proceed with construction. Burke said Planning Commission approval would still have to be obtained for a conditional use. City Attorney Jim McCord said the Board of Adjustment does not have the 69.7 jurisdiction to waive this requirement because it is not a bulk or area require- ment. McCord noted that the City Board is the only board with authority to waive this requirement. The Board was concerned about providing public access for public and 69.8 emergency vehicles. Mayor Malone asked if the New School would be willing to give the 30 foot perpetual easement ' - to the City for public purposes and Burke said he felt they would, but since the gift was from the Nettleships, he felt the New School would ask Nettleships for their approval. 1 • 70 70.1 The Board pointed out that the property would need to give ease- ments for public utility purposes, said easements would be requested at the Plat Review level when the large scale development plan is submitted. 70.2 Director Todd asked if the paved easement is wide enough for sanitation and emergency vehicles and Burke said it is. 70.3 Director Noland moved that the requirement for frontage on an improved public street be waived for the New School considering that this is a non- profit school providing day care service for children. Director Henry seconded the motion. 70.4 The recorded vote on the motion was: Ayes: Noland, Osborne, Malone, Henry, Lancaster, Todd. Nays: None. Absent: Colwell. The mayor declared the motion passed. INSTAVOTE 70.5 Director Todd said he felt the "Instavote" would expedite the meeting and would help the Board to vote on a more objective level. Mayor Malone agreed that the "Instavote" is a good idea but said he feels the cost of this machine is too high. The Board agreed to check with other companies and possibly come back to the Board with a proposal. HIGHWAY 62 WEST SIDEWALKS 70.6 City Manager Grimes said the area for which they would like to have sidewalks is the area on the north side of Highway 62 West from the railroad tracks to the Old Farmington Road area. He suggested tgat they ask the Highway Department for a 4 foot paved shoulder on both sides of the street and possibly request additional right of way on the north side to add a 4 -foot sidewalk, which would give a total sidewalk area of about 8 feet. Director Lancaster asked if this area would qualify for CD funding and Grimes said he felt it would. 70.7 Mayor Malone said he felt the Highway Department should examine their policy to determine if they should include sidewalks in their development plans for highly urbanized areas. The Board agreed to discuss this possibility with a highway commissioner and discuss the sidewalk question again at the next meeting. Director Todd requested the CD Director also verify the eligibility of this area for CD funding for the sidewalks. FINANCIAL STATEMENTS 70.8 The mayor acknowledged the Board had received the quarterly financial statements for the period ended March 31, 1979. MINUTES 70.9 The City Attorney requested the following amendments to the minutes of the May 1 meeting: Paragraph 57.4, second line should read "'on-site' non -conforming signs"; paragraph 57.6, the last sentence should say economic life against the public welfare" of the community. 70.10 Director Osborne requested paragraph 57.3 be amended to reflect "Gerald Jones", and this same amendment on paragraph 57.5. Also, on page 60; change D. M. Patton to "Jerry Patton". Also, paragraph 61.3 should be changed to read "Bud Dennis' 'uncle'" 70.11 Director Todd requested the first sentence on page 48.13 should read "R 3" rather than R-0. 70.12 With these corrections, the minutes were approved as submitted. There being no further business, the meeting adjourned.