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HomeMy WebLinkAbout1980-01-02 MinutesPIINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Board of Directors of the on Wednesday, January 2, 1980, at 7:30 P.M tion Building, Fayetteville, Arkansas. 245 City of Fayetteville, Arkansas, was held . in the Directors Room, City Administra- PRESENT: Mayor David Malone, Directors Ernest Lancaster. Paul Noland, Richard Osborne (arrived 7:34 p.m.), John Todd (arrived 7:33 p.m.), Phil Colwell and Ann Henry; City Manager Don Grimes, City Attorney Jim McCord; City Clerk Angie Medlock and Administrative Assistant David McWethy. ABSENT: None. OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER Following a.moment of respectful silence and roll call, the mayor called for 245.1 consideration of the firstiitem of business. SIGN APPEAL: The Stanton Company An appeal from the sign ordinance had been submitted by The Stanton Company, 245.2 1985 North College Avenue, asking permission td continue using an existing free- standing sign located 3 feet back from North College Avenue right-of-way and 10 feet back from Poplar Street right-of-way. The ordinance requires a 40 -foot setback for a sign of this size and height unless the Board determines that strict enforce- ment would be unreasonable. Loris Stanton stated that he had been on the City Board when the original 245.3 sign ordinance had been adopted and had voted for the ordinance. He said he had, however, felt Section 17B (5) was construed as a grandfather clause and only new signs would be required to conform to the ordinance. He noted that the ordinance has been amended a number of times since the original ordinance, and he had not been aware of the amendments. 8tantoniquestioned if Poplar is a dedicated city street. He stated that the 245.4 City had issued himra permit for a sign 10 feet from Poplar and 3 feet from College Avenue years ago. Stanton contended that his main objection to the enforcing the sign ordinance against existing signs is due to the cost to the businessmen of relocating the signs. Stanton said there is no way he can move his sign back 40 feet from the right of way due to the location of the building. Director Colwell suggested Stanton consider moving the sign back approximately 245.5 30 feet from the west and 15 feet from the north rights-of-way. Following discussion, Director Colwell moved to allow a waiver of the setback 245.6 and size requirements if the sign is moved approximately 30 feet back from College Avenue and 25 feet back from Poplar Street, which would put the back of the sign approximately 1 foot from the roof overhang of the building. Director Osborne seconded this motion. The recorded roll call vote of the Board was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the motion passed. SANITATION INCREASE The mayor explained that after talking with the sanitation superintendent, 245.7 an ordinance had been proposed further amending the sanitation rate ordinance to increase the rates for bulk pickup service for commercial establishments from 28t per minute per pickup to 40¢ per minute per pickup. Director Colwell questioned why the per minute pickup would not apply to resi- 245.7 246 246.1 246.2 246.3 246.4 dential as well as commercial and Sanitation Superintendent Brt explained that they will pick up bulk pickup for residential if time permits, but they will go out for bulk pick-up for commercial establishments on a per call basis. In response to Director Colwell, Brt explained that the 40Q per minute rate would be calculated from the minute they arrive at the business until they get to the landfill. After a brief discussion, Director Henry, seconded by Noland, moved the ruleb be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the second time. Director Colwell, seconded by Henry, moved the rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. The mayor then asked if the ordinance should pass. The recorded roll call vote was: Ayes: Col Nays: Tod The mayor emergency Ayes: Col Nays: Tod The mayor well, Henry, Lancaster, Noland, Osborne, Malone. d. declared the ordinance passed and called for a vote on the clause. The recorded roll call vote was: well,Henry, Lancaster, Noland, Osborne, Malone. d. declared the emergency clause passed. ORDINANCE NO. 2589 APPEARS ON PAGE 93 OF ORDINANCE AND RESOLUTION BOOK VIII. BID AWARD: Telephone System 246.5 The mayor next proceeded to consideration of a bid award for a telephone system for City Hall. He introduced Mr. Pearson Sr., Mr. Pearson III, and Mr. Wakeham, from Midwestern Telephone Company. 246.6 Purchasing Officer Sturman Mackey stated that they had taken bids on a telephone system for City Hall which would be most compatible to the City's needs and be the most cost effective, and still not increase the City's net cost of service. Mackey recommended award of the bid to Midwestern Telephone Inc. of Joplin, Missouri, for a SL1-A System *Northern Telecom, for a 60 -month lease at a total monthly base price of $2,822.50. He recommended the lease contract be subject to the city attorney's review of Item 1, last paragraph and Item 4. The city. ttorney said he would like to review in more detail the entire contract. 246.7 Director Noland asked if the City would be losing any franchise taxes and the city attorney said they would not as Southwestern Bell pays a lump sum annually. City Manager Grimes commented that the staff feels that money can be saved by being better able to control long-distance calls. 246.8 Director Todd asked if a lease/purchase plan had been considered and Mackey said he felt this lease included a purchase option, and if it did not, he felt it should. 246.9 One of the representatives of Midwestern Telephone Inc. indicated that he had understood the lease would be effective for 60 months and the equipment would be abandoned at that time. 1 1 0) O ❑ Q a 1 247 Director Henry asked if it would be possible to lease directly from 247.1 Midwestern Telephone Incorporated rather than from Fihst Arkansas Leasing and a representative of Midwestern Telephone indicated that the telephone company does not have the capital to handle leases of this type. He noted that they had worked with several leasing companies to try to obtain the best rate for the City. Director Noland asked how many phone extensions would be involved and Sturman Mackey indicated there would be 75 extensions. 247.2 Director Osborne questioned the purchase price should the City buy the system outright and Sturman Mackey stated that it would be $61,972 plus $2,568 for a battery reserve. Following additional discussion, Director Henry moved the bid be awarded 247.3 as recommended contingent upon the city attorney's review of the lease, and that a purchase option be negotiated. Director Todd seconded this motion. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the motion passed. ANNEXATION: Industrial Park Property City Manager Grimes explained that the proposed annexation resolution is for a 21.21 acre parcel -immediately west of the Industrial Park which has been acquired by the Industrial Development Corporation. He noted that a petit -km for rezoning this property would probably be submitted in the near future. Director Osborne, seconded by Noland, moved the resolution be approved. The recorded roll call vote was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the resolution passed. 247.4 247.5 RESOLUTION NO. 1-80 APPEARS ON PAGE 147 OF ORDINANCE AND RESOLUTION BOOK VIII. APPOINTMENTS: City Hospital Board Director Henry moved that Ellen Meenen be appointed for a term to expire 247.6 .in 1984 and J. W. Gould be appointed to fill an unexpired term which will expire in 1981. She stated that Gould would then be eligible for reappointment to the Hospital Board. She noted that these were the recommendations of the Nominating Committee. The mayor called for a vote on the nominations. The recorded roll call 247.7 vote was: Ayes: Colwell, Henry, Nays: None. The mayor declared the Lancaster, Todd, Noland, Osborne, Malone. motion passed. FRANCHISE TAX RESOLUTION A resolution had been requested by the Arkansas Municipal League 247.8 •1. :urging the Public Service to consider the possibility of establishing " - a uniform 4% municipal franchise charge on the gross revenues of ail utilities. There was some discussion by the Board on whether the 4% franchise charge 247.9 would be a mandatory franchise fee. The mayor stated that he felt the 4% would be a standard charge but cities could charge more than the 4%. He said anything more than 4% could be designated on customer utility bills as a city tax. 248 248.1 248.2 The city attorney indicated he felt cities could still charge less than 4% franchise tax if they wished to do so. Mayor Malone said the feeling at the Arkansas Municipal League meeting was that cities should be allowed to charge more than 4%, as a city tax to reimburse the City for use of the city's streets and easements. 248.3 Director Todd moved to table voting on the proposed resolution. Said motion died for lack of a second. 248.4 Following a brief discussion, Director Henry, seconded by Osborne, moved the resolution be adopted. The recorded vote was: Ayes: Colwell, Henry, Noland, Osborne, Malone. Nays: Lancaster, Todd. The mayor declared the motion passed. RESOLUTION NO. 2-80 APPEARS ON PAGE 149 OF ORDINANCE AND RESOLUTION BOOK VIII. AWARD OF BID: Backhoe 248.5 Purchasing Officer Sturman Mackey recommended award of bid for a water and sewer department backhoe to low bidder, R. A. Young and Son for $24,715.88. Director Henry, seconded by Noland, moved the recommendation be adopted. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the motion passed. AWARD OF BID: Drake Field Drainage Work 248.6 The city manager recommended lid be awarded to the only bidder, Tony Kelly, for drainage work at Drake Field, west of Skyways hangars. In response to Director Todd, Grimes said city crews could do the work but they would have to be pulled from other jobs to do the work. In response to the directors, Administrative Assistant David McWethy said Skyways would pay for half of the needed work, so the City's share would be $1,370. 248.7 Director Osborne moved the manager's recommendation be adopted. Director Noland seconded the motion. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the motion passed. OTHER BUSINESS - Gold Kist 248.8 City Manager Grimes stated that the staff has been negotiating with Gold Kist Inc. concerning additional right-of-way for the Highway 71 South project. He said they have not reached a settlement for the service station located on the southwest corner of Highway 71 South and Highway 62 West, or Gold Kist's office building. He asked that a resolution be approved by the Board authorizing the City to file condemnation proceedings should the right-of-way not be settled within a few days. He noted that appraisals submitted by Associated Appraisers were $13,400 for right-of-way for the service station and $400 for a utility easement adjacent to that, and right-of-way in front of the office building was appraised at $1,014 with $440 appraised for the adjacent right-of-way. 248.9 Director Lancaster, seconded by Todd, moved the resolution be approved. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the resolution passed. RESOLUTION NO. 3-80 APPEARS ON PAGE 150 OF ORDINANCE AND RESOLUTION BOOK VIII. 1 1 1 1 249 YOUTH CENTER DEDICATION Mayor Malone stated that the Youth Center dedication for the new addition 249.1 would be held on January 13 at 2:00 p.m. and the Youth Center Board has asked the Board of Directors to attend. 1980 REPORT TO THE PEOPLE Director Noland commended the staff for the 1980 Report to the People. 249.2 * ADJOURNMENT There being no further business, the mayor declared the meeting adjourned 249.3 at 8:45 P.M. Q) *MINUTES 0 The minutes of the December 18, 1979 Board of Directors meeting were 249.3 CO approved as submitted. 0 Q Q s 1