HomeMy WebLinkAbout1980-09-16 MinutesMINUTES OF A BOARD OF DIRECTORS MEETING
A meeting of the Board of Directors was held on Tuesday, September 16, 1980,
at 7:30 p.m. in the Board of Directors Room, City Administration Building,
Fayetteville, Arkansas.
PRESENT: Directors Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne; City
Attorney McCord, City Manager Grimes, Administrative Assistant McWethy, and City
Clerk Koettel.
ABSENT: None
OTHERS PRESENT: Members of the audience and representatives of the news media;
Fayetteville Open Channel
449
O CALL TO ORDER 449.1
COFollowing a moment of respectful silence and roll call, the Mayor called the
meeting to order.
Q PUBLIC HEARING/ACT 9 BONDS/BALDWIN PIANO AND ORGAN PLANT SITE 449.2
Mayor Todd announced that this item would be tabled at the request of the Baldwin
Company and will appear on a later agenda.
LEASE AGREEMENT/BALDWIN PIANO AND ORGAN COMPANY 449.3
Mayor Todd announced that this item would be tabled at the request of the Baldwin
Company and will appear on a later agenda.
PUBLIC HEARING/REVISED REVENUE SHARING BUDGET 449.4
The Mayor informed the audience and board of the following items pertaining to
the Public Hearing to be held on the revised revenue sharing budget:
1. The purpose is to provide the citizens with an opportunity to comment
on the proposed budget.
2. The hearing must be conducted by the chief executive officer and the
governing body of the local government.
3. A recorder must be present to take the minutes of the hearing. If no oral
or written comments are received before or during the hearing, the minutes
must reflect that a hearing was held and no written or oral comments were
received.
A public hearing was conducted by Mayor Todd on the proposed revised revenue
sharing budget and no written or oral comments were received.
The Mayor explained that this was a revision of an earlier revenue sharing
budget and was worked out jointly by the city staff and by the Department of Local
Services in Little Rock.
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449.6
Director Osborne, seconded by Noland, moved to approve the revised revenue sharing 449.7
budget and the motion passed unanimously.
RESOLUTION NO. 93_80 APPEARS ON PAGE J 3 OF ORDINANCE AND RESOLUTION BOOK X .
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450.1 Mayor Todd stated that there were certain revisions in the agenda to the
General Fund and to the Public Works budget and that City Finance Director,
Scott Linebaugh, and Assistant Finance Director, David Hausam were present to
answer any questions concerning these revisions. Mr. Linebaugh pointed out that
the water and sewer revisions would be incorporated into the 1980-81 budget, but
a revision would have to be made on the airport fund.
450.2 Director Henry, seconded by Osborne, moved to adopt the changes to the General
Fund and to the Public Works budget. The motion passed unanimously.
RESOLUTION NO. 94_80 APPEARS ON PAGE 395 OF ORDINANCE AND RESOLUTION BOOK )( .
BICYCLE GRANT/FEDERAL HIGHWAY ADMINISTRATION
450.3 Mayor Todd introduced a resolution authorizing the board to execute a
memorandum of understanding of the documents pertaining to the bicycle grant of
$15,000 to be matched with $5000 from the city. The grant was from the Federal
Highway Administration under Section 141(c) of the Surface Transportation Act of
1978. The money would be used to promote bicycling and bicycling safety in the City
of Fayetteville. The city would be responsible for all costs above the amount
granted.
450.4 Director Noland pointed out that this was an example of individuals bringing
an idea to the Board, and with some help from the city staff and other people this
grant proposal was written and the grant received. He stated this will certainly
help the bicyclers and other people such as joggers, and he wanted to commend the
persons responsible.
450.5 Director Colwell asked if the city's matching share on this could be in-kind
work. Mayor Todd answered that the commitment had been for $2000 cash and the other
would be in-kind work.
450.6 McCord stated that if the Board approved the resolution to execute the
memorandum of understanding, a budget adjustment would be required reflecting an
increase in the Public Works Fund Budget to show additional state turnback revenues
of $5000 with the understanding that $3000 would be in-kind contributions.
450.7 Director Osborne, seconded by Henry, moved to adopt the resolution authorizing
the Board to execute the memorandum of understanding and the motion passed unanimously.
RESOLUTION NO. 95-80 APPEARS ON PAGE 3 9 $ OF ORDINANCE AND RESOLUTION BOOK X .
450.8 Director Henry, seconded by Colwell, moved a resolution be passed to reflect
the budget adjustment necessary to increase the Public Works Fund Budget. Upon
roll call the motion passed unanimously.
RESOLUTION NO. 96-80 APPEARS ON PAGE 'f -Q 3 OF ORDINANCE AND RESOLUTION BOOK .
MT. OLIVE WATER PURCHASE CONTRACT
450.9 The Mayor presented a resolution authorizing the execution of a contract by which
the City of Fayetteville will provide water to the Mount Olive Water Association.
450.10 Director Noland stated that it was his impression that the Mt. Olive Water
Association wanted to expedite the contract as soon as possible. However, he
said it had been brought up earlier at a Water & Sewer Committee meeting that there
is a 1.5 acre provision in the present contract and there is a question of how to
protect against multiple housing units, motels, and things of this source.
Director Noland said is was felt that 1.5 acres would certainly be adequate for a
resident, but there is nothing to protect against large apartment complexes and such.
He asked the Board if they would like to table this item and think about the project.
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City Manager Grimes stated that he had not been in touch with Mt. Olive 451.1
Water Association concerning this problem,but that he envisioned most people getting
their FHA approval soon after this meeting. He said that if the item is tabled, then
a special session might be requested since the next regularly scheduled meeting is
three weeks away.
Director Colwell pointed out that paragraph 6 of the contract (in agenda) reads 451.2
as follows:
"New on-site systems built on lots platted as of date of this contract shall
be deemed adequate if the system is approved by the Arkansas State Health
Department."
Colwell pointed out that water could be furnished to these lots already platted if 451.3
they had been approved by the Arkansas State Department, even though they may not
Q) meet the 1.5 acre requirement. He questioned how many lots are already platted and how 451.4
O many unplatted lots are proposed.
CODirector Noland informed the audience that this was an area southeast of Fayetteville
and would not be covered by the city's ordinances. 451.5
0 City Manager Grimes suggested going ahead with the contract and requiring 1.5 acres 451.6
Q for each single family dwelling unit with an additional .5 acre for each additional unit.
Q Director Colwell asked City Attorney McCord if a general clause could be included 451.7
stating that since no provisions were made for multiple family housing, that board
approval would be required for any multiple housing development.
McCord answered that a provision could be included stating that water service 451.8
would not be provided to multifamily dwellings without the express approval of the
Board of Directors. In answer to Director's Henry s questions of how this could be
enforced, since it is outside the city, McCord stated it would be a matter of contract.
McCord told the board that a standard should be established for determining the basis
of approval or denial.451.9
Director Noland stated that it had been suggested that the applying property owner
sign an affidavit stating he did actually have 1.5 acres and McCord said he could draft
the language to require an affidavit with deed attached reflecting that a minimum 451.10
acreage requirement had been met.
Noland asked if the contract could be written so that the 1.5 acre requirement 451.11
would apply only to single family residences, and that any multiple family units would
have to be negotiated on a case to case basis.
McCord said that this would protect the city and it would not obligate the city 451.12
to provide water service to any development other than single family development,
unless the city had expressly agreed to do so. McCord stated that if the board wanted
to proceed with the contract tonight, he felt the staff could arrange the language to
reflect the board's desire, which was to insure that water service not be provided to
anything other than single family dwellings with 1.5 acre minimum requirement without
the express approval of the city board. However, if the board wanted to approve the
language, then he suggested the item be tabled to allow this.
An alternative was suggested by McCord of imposing the minimum development 451.13
requirement of some additional acreage per additional family unit, and provide that
the city board would have the authority to approve a lesser requirement upon proof
that adequate provision and safeguards to public health had been made. Director Henry
agreed with this suggestion.
After some discussion to determine how much additional acreage would be sufficient,
Director Henry, seconded by Colwell, moved that the contract be executed with the 451.14
proposed changes in paragraph 6 that in respect to multifamily residential development
the land increments above 1.5 acres per unit would be .75 acres per dwelling unit, and
that if proper standards were met the city would have the right to relieve that
requirement on mulitfamily development. Also, the contract should state that all
development other than agricultural and residential would require approval by the
city board.
There being no further discussion, the motion passed unanimously. 451.15
RESOLUTION NO. 97-80 APPEARS ON PAGE idoS OF ORDINANCE AND RESOLUTION BOOK X
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CHANGE ORDER -WATER MAIN CONSTRUCTION/SWEETSER CONTRACT
452.1 The Mayor introduced a resolution authorizing the execution of a change order
in the contract with Sweetser Construction Company to provide for the completion of
the 24 -in. water main loop for the western portion of the City of Fayetteville.
452.2 Director Noland stated that this additional 3300 feet would complete the loop
around the west side of Fayetteville and increase water pressure to residents in
that area, as well as increase the pressure for fire fighting purposes.
452.3 Director Noland, seconded by Henry, moved that the change order with Sweetser
Construction Company be executed.
452.4 Mayor Todd asked if the cost of additional right-of-way was included. City
Manager Grimes answered that the cost of $130,000 did not include additional right-
of-way expenses, but that these expenses were not expected to be much. The $130,000
would be a loan from the General Fund and is incorporated into the General Fund
Revision.
452.5 There being no further discussion, the roll was called and the motion passed
unanimously.
RESOLUTION NO. 98-BOAPPEARS ON PAGE If O1 IN ORDINANCE AND RESOLUTION BOOK .
AIRPORT LIMOUSINE FEES
452.6 City Attorney McCord read an ordinance amending Article III of Chapter 20 of the
Fayetteville Code of Ordinances to amend airport limousine service regulations.
452.7 Director Osborne, seconded by Henry, moved that the rules be suspended and the
ordinance be placed on second reading. The motion passed unanimously and the City
Attorney read the ordinance for the second time.
452.8 Director Osborne, seconded by Henry, moved that the rules be further suspended
and the ordinance be placed on the third and final reading. The motion passed
unanimously and the City Attorney read the ordinance for the third and final time.
452.9 Upon roll call, the ordinance passed unanimously.
ORDINANCE 2660 APPEARS ON PAGE 4,5 1F ORDINANCE AND RESOLUTION BOOK ZX .
CD PROJECT CHANGE ORDER/PAVING 7th ST. FROM CHURCH TO LOCUST/MCCLINTON ANCHOR CONSTRUCTION
452.10 The Mayor introduced a CD Project change order in the amount of $20,935.25 to
add the paving of 7th Street from Church to Locust back into the contract with
McClinton -Anchor Construction Company.
452.11 Rick Mason of Community Development stated that this was originally bid but
was taken out because of lack of sufficient funds and was now being put back in
with no change in the price.
452.12 Director Osborne, seconded by Colwell, moved to approve this CD change order and
the motion passed unanimously.
RESOLUTION NO. 99-80 APPEARS ON PAGE 1.09 IN ORDINANCE AND RESOLUTION BOOK ,(
AIRPORT RESTAURANT/WARD-POWER MANAGEMENT,INC.
452.13 City Attorney McCord told the board that the lease was with Ward -Power Management
Inc. The lease agreement would incorporate all bid specifications and would contain
a 30 -day cancellation clause. Rent would be 8% of gross revenues, excluding any
revenue from beer and wine in the event they get a permit, and the term of the
lease would be one year with a review to take place on January 1, 1981. McCord
said if the lease met the approval of the board a resolution authorizing the
lease would be in order.
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City Manager Grimes stated that he had met with the airport management people, 453.1
I Mike Ward, and John Power about a week ago. They informed him that a McDonald's
franchise would not be put in because there was not sufficient volume. However,
they did indicate they wanted to operate privately. Grimes pointed out that they
have much more flexibility this way. They can sell newspapers, chewing gum, and
other things a passenger might ask for that a McDonalds cannot handle.
McCord advised the board that the total square footage was 1,144.5 feet. 453.2
Director Sharp asked if the city would readvertise since the rate had been changed
from the original $12.00 per sq. ft. He stated that the $12.00 per sq. ft. might have
scared off some people who would like to reconsider since there is now no base at al1.453.3
Director Henry stated that she would be in favor of readvertising except that 453.4
Ward -Power has put down flooring and made some improvements.
a) Director Sharp said he felt they definitely needed to readvertise January 1, 1981.453.5
0 City Manager Grimes stated that if they were to readvertise then they should 453.6
00 do so immediately in all fairness to Ward -Power.
Director Colwell pointed out that the board was in a position to be criticized 453.7
0 because the people who were scared away by the $12.00 per sq. ft. never were informed
Q about the possibility of getting in for 8% of gross. He said there may not be
Q anyone willing to pay the 8%, but the fact should be publicized so theycannot come
back and say they did not know or did not have a chance.
Director Henry asked if they would readvertise at 8% gross. 453.8
Director Sharp suggested inviting proposals on 1,144.5 sq. feet. 453.9
Mayor Todd asked if the $12.00 per sq. ft. was in the specifications the second 453.10
time it was bid, or dild the city just invite proposals.
City Manager asked if the city should pay Ward -Power for the improvements they 453.11
had made.
IIIDirector Osborne stated he felt the city should pay for these improvements. 453.12
Director Henry, seconded by Osborne, moved that the item be tabled until the 453.13
board found out whether or not proposals were invited the second time the restaurant was
bid, or if the $12.00 per sq. ft. was required.
Upon roll cath the motion passed unanimously and the item was tabled. 453.14
CEMS LITIGATION
Director Colwell stated that there has been a law suit filed against the 453.15
quorum court on the legality of the ordinance which levied an assessment for
the purpose of providing ambulance service for six school districts. The
plaintiffs contend the ordinance is unconstitutional on the basis that the
assessment is not county wide, and that they cannot assess only a portion of
the county. Director Colwell pointed out that the situation in Washington County
is unique in that there are only six school districts without ambulance service.
The time table was such that the board had only approximately 60 days to get an
ambulance service going from the time it was to be removed from the hospital.
This was approved at a referendum by approximately two to one in the entire six school
district area, with Fayetteville having the highest percentage. Director Colwell stated
he felt an intervention should be filed, if the judge would allow, to provide
the continuance of ambulance service in Fayetteville and the other communities.
Director Colwell stated that the plaintiffs are concerned with the constitutionality
of the ordinance, but that the outcome of this case determines whether Fayetteville
does or does not have ambulance service.
Director Lancaster stated that this is a county ordinance. He said the people 453.16
have voted and the funds are available so why should the'city get involved.
Director Colwell stated that this intervention would be similar to a "friend 453.17
of the court" suit that would stress our concern for the citizens of Fayetteville
to the judge.
City Attorney McCord stated that if the court finds the party petitioning for 453.18
intervention does have an interest that is affected by the litigation and that the
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interest might be impaired by the outcome of the litigation the court will permit
intervention. McCord said that in this case the CMS Board has already petitioned
to intervene but no ruling on the petition of intervention has been made at this
date. McCord said that Fayetteville has an interest in the outcome of these
litigations and the city has intervened in other types of litigation in the past.
454.1 Director Osborne stated that the city has at least two possible interests
in the outcome of this case:
1. The board members are the representatives of the people of this city
who have overwhelmingly approved this levy.
2. Somebody is going to have to provide some ambulance service, and the
citizens will look to the board to come up with an ambulance service
if the present one is discontinued.
454.2 Director Henry stated that she felt the board had an obligation to
intervene.
454.3 Director Colwell, seconded by Henry, moved that the city request the
opportunity to intervene in the litigation.
454.4 After no further discussion, the motion passed unanimously.
Y'ALL COME BACK SALOON/NORTH COLLEGE STREET
454.5 Director Lancaster asked City Manager Grimes if he had received any objections
to the Y'all Come Back Saloon going in on North College Street. City Manager Grimes
said he had received approximately thirty phone calls ob0ecting to the saloon.
He said petitions had been submitted to the Alcohol Beverage Control Director
by residents of the area expressing their opposition. City Manager Grimes stated
that the zoning is proper for this type of use, but there is a lot of
neighborhood opposition. He said that the board had determined in the past that
when the zoning was proper they would not get involved unless there were some
other extenuating circumstances.
SEWER PLANT LOCATION
454.6 A member of the audience asked what progress was being made on the sewer plant
location. Director Noland stated that various alternatives were still being
considered. He advised that the Citizens Advisory Committee has made some
suggestions to the consulting engineers and they were obtaining additional information.
When this information is available then the Citizens Advisory Committee will be
brought back together and will make a recommendation to the Board of Directors.
The board must then decide whether or rot to accept the recommendation or decide
upon another.
454.7 The member of the audience asked what degree of treatment would be used.
Director Noland answered that each of the ten different structural alternatives
have different degrees of treatment. All would be secondary and some would be
advanced secondary. Director Noland stated that none of the ten alternatives
at this point included tertiary treatment.
454.8 Director Noland stated that he expected that a recommendation would have to
be made by the Board of Directors by the end of the year.
WATER SEWER FUNDING RESOLUTION
454.9 Director Noland, seconded by Lancaster, moved that an additional 10%
continuing expenditure of the 1979-80 budget be allowed to the Water and Sewer
Department pending final approval of the budget for 1980-81. The motion passed
unanimously upon roll call.
RESOLUTION 100-80 APPEARS ON PAGE Li. In OF ORIDNANCE AND RESOLUTION BOOK ?(
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AIRPORT RESTAURANT/WARD-POWER'l'MANAGEMENT, INC.
City Manager Grimes stated that he had checked the last specifications which
were used in advertising the restaurant space in the airport terminal and the $12.00
per sq. ft. was required. Therefore, he recommended that the city readvertise.
Director Henry, seconded by Sharp, moved that the item be brought off the
table and that the city readvertise the space. Upon roll call the motion passed
unanimously.
455.1
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AIRPORT COMMITTEE MEETING
City Manager Grimes reported that an airport committee meeting was held 455.3
0) Tuesday, September 16. The committee asked the staff to prepare a proposed
0 contract of extension with Skyways. The attorney for Continental Ozarks wanted
CO to confer with this client before proceeding with their contract.
PARKING GARAGE/POWELL-SATTERFIELD
City Attorney McCord stated that he had been touch with Mr. Tom Pate of 455.4
Powell & Satterfield, Inc. and he indicated that they had contacted two parking
garage corporations who operate parking garages full time,and they indicated
an interest in becoming involved with the project of a parking garage to service
the CEC. They stated their willingness to make a visit to Fayetteville and
meet with representatives of the city and representatives of Powell & Satterfield.
Powell and Satterfield want a commitment from the Board of Directors that in the
event a bond package is developed and the package is sold and bonds are issued
they will be used as underwriters on the project. McCord stated that he has
a very informal letter agreement stating that they will be used as underwriters
in the event they put together a bond package and the bonds are sold.
Director Osborne, seconded by Director Henry, moved to enter into the informal 455.5
agreement wiith Powell & Satterfield. Upon roll call the motion passed unanimously.
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RESOLUTION NO. 101-80 APPEARS ON PAGE %- ` IN ORDINANCE AND RESOLUTION BOOK X
•
PUBLIC FACILITIES BOARD MEETING
City Attorney McCord stated that the Public Facilities Board met on Tuesday, 455.6
September 16th and there was discussion regarding the possibility of a second
housing bond issue. McCord pointed out that the possibility is very remote because
of the adverse bond market at this time. The Public Facilities Board discussed
the possibility of whether or not neighborhood municipalities would be allowed
to participate in the program. The Public Facilities Board has been approached
by two neighboring communities. They indicated a willingness to allow their
participation subject to city board approval.
Director Colwell asked if the two communities were Lincoln and Prairie Grove 455.7
and City Attorney McCord stated that those two communities had contacted the
Public Facilities Board.
Director Noland stated that he felt it would be satisfactory to allow their 455.8
participation.
Mayor Todd indicated two indirect costs to the City of Fayetteville: 455.9
1. The potential liability of defaults
2. Lack of control over development in the areas.
McCord stated that the loans must be insured twice and the risk of default 455.10
would be very nominal.
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456.1 Lancaster asked if this would preclude Fayetteville from ever getting more
bond issues or affect the marketability. McCord answered that he did not feel it
would and that documents could be drawn to possibly guard against the concerns
expressed by the Mayor by limiting loans to existing houses which are on a
public sewer system, or new houses to be connected to the public sewer system.
Mayor Todd stated that with these restrictions he would have no objections.
456.2 After some discussion, the consensus of the board was to allow participation
with the above restrictions.
BICYCLE TASK FORCE
456.3 Mayor Todd, seconded by Director Osborne, moved that a bicycling task force
be organized.
Upon roll call the motion passed unanimously.
MINUTES
456.4 The minutes of the 9-2-80 meeting were approved as submitted.
ADJOURNMENT
456.5 There being no further business, the meeting adjourned at 9:15 p.m.
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