HomeMy WebLinkAbout1981-03-03 Minutes130
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MINUTES OF A BOARD OF DIRECTORS MEETING
A meeting of the Fayetteville City Board of Directors was held on
Tuesday, March 3, 1981, at 7:30 p.m. in the Board of Directors Room, City
Administration Building, Fayetteville, AR 72701.
PRESENT: Directors Todd, Henry, Bumpass, Lancaster, Noland, Osborne, Sharp;
City Manager Grimes, City Attorney McCord, Assistant City Manager McWethy,
City Clerk Koettel, members of the news media, and other members of the
audience.
ABSENT: None
EMPLOYEE AWARDS
130.1 Mayor Todd presented certificates and checks of $100 to each of the
five following employees named as "Employee of the Month" for February,
1981, and made the following comments:
130.2 Samuel Akinola is a Building Custodian at the Municipal Airport.
Mayor Todd stated that in addition to doing his job at the airport, he
gets out on his own time and picks up debris around the airport in an
effort to help beautify the area.
130.3 Howard Beeks is with the Street Department and is a
Construction & Maintenance Foreman. He has worked for the City
for fourteen years. His supervisor stated, "Howard consistently
completes his job in an outstanding manner with a minimum amount
of instruction "
130.4 Bill Chester is a Utility Service Representative for the
Finance Department. Bill's department head stated, "Bill has
worked very hard to promote his division to be one of the most
efficient in the City." Mayor Todd stated that Bill has worked
for the City for ten years and has only taken off six days for
sick leave in those ten years.
130.5 5. Luanne Diffin is a Pollution Control Plant Chemist.
Mayor Todd pointed out that Luanne has been instrumental in the
acquisition of new equipment, has implemented an approved quality
control program, and has kept the lab in step with changing EPA
and state requirements. Don Bunn, City Engineer, states, "In the
last seven and a half years Loanne has come in almost every
holiday on her own initiative to insure analysis results are
obtained for each day of the week as required by regulatory
agencies." Mayor Todd pointed out that Luanne has recently been
named the Northwest District Recipient of the Award for Outstanding
Achievement in Pollution Control for Cities over 5,000 in
population.
130.6 Sondra Wright is a Clerk III in the Planning Office. Sondra's
supervisor stated, "Sondra has worked late many times without being
asked in order to complete a planning commission agenda, meet a
deadline, or finish some other pro0ect. When I give her a project
I know it will be completed promptly and in a neat and efficient
manner." He also stated he wanted to recognize her positive
attitude, her dedication to her job, and her willingness to learn."
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ANNEXATION
Mayor Todd introduced further consideration of a recommendation from 131.1
the Planning Comission that certain areas be considered for annexation into
the City of Fayetteville. He stated that the annexation had been discussed at
the Board meeting two weeks ago, and that there was some discussion concerning
the City and County working together so that the County could zone the
proposed areas, thus delaying the need for annexation into the City.
Mr. Newton Hailey, a member of the Fayetteville Planning Commission, 131.2
addressed the Board. He reported on several meetings which he had attended
concerning annexation. Mr. Hailey explained to the Board that in order for
the County and City to enter into this intergovernmental cooperation act,
the Quorum Court and the City Board would need to pass resolutions of
interest. Also, it would have to be approved by the Attorney General.
O Director Lancaster stated that he did not understand why the City should 131.3
0) be involved in county zoning.
Director Noland asked Mr. Hailey how long he felt it would take to 131.4
determine if this concept could be developed. Mr.Hailey answered that
overall plans and draft of the ordinances could be achieved before the
end of June. He said he did not know how long it would take to receive a
Q reply from the Attorney General in Little Rock.
City Attorney McCord stated that it would take only a couple of days to
get the formal request out, and that by statute the Attorney General has to 131.5
render a response within 60 days, or the agreement is deemed approved.
City Manager Grimes pointed out that Clear Creek Acres lies within the 131.6
planning area of Springdale. He stated her,had spoken with Mayor McKinney
of Springdale, and he had requested that the City of Fayetteville not consider
this area.
Mayor Todd pointed out to the audience that one way of controlling the 131.7
growth of the areas would be annexation to the City. However, the other
alternative would be to consider the option of county zoning. That alternative
was the one being discussed and considered tonight.
Mayor Todd called for comments or discussion from the audience. 131.8
Mr. Clayton Powell addressed the Board. Mr. Powell stated that he is a 131.9
resident of Highway 45 East, one of the proposed annexation areas. He said
that he would like to be annexed into the City. He said he had checked and
his property tax would increase, but that his homeowners insurance would
decrease by a substantial amount more than the increase in his taxes.
Director Bumpass stated that he favored the passage of the resolution 131.10
discussed to authorize the City Attorney to work with the County in working
out the intercooperative agreement.
Director Lancaster told the Board that he felt like county zoning would 131.11
be the death of any growth for the City of Fayetteville. He said this would
take away the incentive for people to want to be annexed into the City.
McCord explained that the City had asked the county to zone this 131.12
area because the City did not feel like it could annex all the property in the
planning area, but recognized the need for controlled growth.
Mr. Grimes stated that he had discussed the annexation with several of the 131.13
residents living in,the proposed areas. He said they understand that some day
they will be annexed into the City. However, until the areas are more
urbanized and annexation does occur, there does exist the need for controlled
growth.
Mr. Charles Wuest of Highway 45 East addressed the Board. He stated 131.14
that the residents of 45 East wanted to work with the City on this cooperative
zoning concept with the County.
Mr. Jim McGuire asked the Board if the City already has control over 131.15
subdivisions in the growth area.
City Attorney McCord explained that the City has the authority to regulate 131.16
subdivisions, but under the Arkansas Constitution the County has jurisdiction over
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all roads. Therefore, the City can administer its subdivision regulations
in all respects except streets and roads.
132.1 One member of the audience told the Board that he felt like area #6
should not be considered as such low priority. This is an area next to
Fayetteville's industrial park.
132.2 After some discussion, McCord explained to the Board that any proposed
rezonings would be referred to the Fayetteville Planning Commission for comment
and would go on to the County Planning Board for their recommendation, and then
to the Quorum Court for an ultimate decision.
132.3 Director Osborne, seconded by Lancaster, moved that annexation areas
#1 and #7 be postponed until the first meeting in September, at which time
he would like them placed on the agenda automatically. Also, that areas
#2, #3, #4, #5, and #6 be placed on the ballot for the election to be held
the last of April, and that the City of Fayetteville proceed in trying to
develop a cooperative agreement with the County. Osborne pointed out that
the City of Fayetteville Planning Commission should have some input into
each rezoning requested at the county level.
132.4 After further discussion, Director Bumpass, seconded by Henry, made
a substitute motion to delete all proposed areas for annexation. Upon roll
call the motion passed by a vote of 5-2, with Directors Lancaster and
Osborne voting in the minority.
132.5 Director Bumpass, seconded by Sharp, moved that the City Attorney be
authorized to contact the University of Arkansas officials or other property
owners concerning annexation of area #3 into the City. Upon roll call the
motion passed unanimously.
RESOLUTION NO. 26-81 APPEARS ON PAGE (9,3400F ORDINANCE & RESOLUTION BOOK x .
132.6 Director Osborne, seconded by Henry, moved that all the other areas
be placed on the agenda for the first meeting in September, and that a
resolution be passed authorizing the City Attorney and Planning Commission to
work with the County in developing an interlocal cooperative agreement on
zoning the planning area. Upon roll call, the motion passed unanimously.
RESOLUTION NO. 31-81 APPEARS ON PAGEQ 43 OF ORDINANCE & RESOLUTION BOOKAI .
132.7 Mayor Todd explained to the audience that residents can always petition
to be annexed into the City if the property to be annexed is adjacent to the
City.
132.8 Marlene Ray told the Board that she owns property in area #7 and does not
want it annexed into the City. She explained that the area is farmland and
lies in the floodplain.
132.9 Mayor Todd explained that area #7 is very low priority, and that even
if the area was annexed it would be zoned A-1 for agricultural use.
FIRE SERVICE
132.10 Director Osborne addressed the Board on the subject of fire service provided
to the residents outside the City of Fayetteville. He stated he had not talked
with any citizen of Fayetteville who felt that the City should be responsible
for providing fire service outside City limits. Director Osborne told the
Board that in talking with the Insurance Service Office, he was surprised to
learn that some houses outside the City enjoy the fire insurance premiums of
a class five rating, just as those inside the City. Director Osborne also
stated that the fire staff had informed him that approximately one-third of
the billings for service outside the City limits are not collected.
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Director Osborne stated that he had discussed reciprocal agreements with 133
Fire Chief Logue. He explained that these agreements would not be for small 133.1
fires such as house fires but for very large fires. Also, he said that if too
many of this type of agreements were made it could have an impact upon
Fayetteville's fire rating.
Director Osborne told the Board that he felt the City should terminate 133.2
fire service to all those outside the City of Fayetteville. He pointed out
that if the persons living outside the City receive fire protection, county
zoning, and city water this decreases their needs to be annexed into the City.
Director Lancaster stated that all the citizens he had discussed this 133.3
issue with felt that the fire truck should not drive outside the City limits.
Director Bumpass also stated that he felt fire service should be terminated 133.4
to those outside the City. He stated that if insurance premiums were increased,
perhaps the residents would be motivated enough to pursue a solution to the
0 problem.
Director Sharp stated that he had discussed this with the fire chief and 133.5
was informed that the number of calls made outside the City are declining.
CD Director Sharp stated that some cities have residents outside the City pay
a certain amount for fixed costs (example $30) and a certain amount if there
is a call (example $250). He stated that is how the fire department knows how
far out to go. If you are on their list they go and if you are not they do
not go. He stated that he would prefer to pursue this alternative.
Director Osborne, seconded by Bumpass, moved that a resolution be passed 133.6
terminating fire service to all those outside the City limits.
Director Noland stated that he wanted to continue fire service as is 133.7
until a recommendation from a committee is rendered, and Director Sharp stated
that he agreed.
Director Henry stated she hated to terminate fire service tonight without 133.8
giving the residents a notice. Director Henry, seconded by Bumpass, moved that
Director Osborne's motion be amended to state that service would be terminated
in thirty days.
After some discussion,. Director Osborne pointed out that he was not 133.9
proposing that the rescue truck be stopped from going outside the City limits,
but only the fire trucks.
After further discussion, City Manager Grimes suggested that the Board 133.10
state that as of the first meeting in April, the Board will pass an ordinance
with an emergency clause rescending fire protection beyond the City limits
if reasonable proposals have not been received from those residents losing fire
protection.
Director Osborne stated he did not want to follow Mr. Grimes suggestion 133.11
because it was possible the ordinance at the first meeting in April would not
receive 2/3 vote necessary for an emergency clause, and would not be effective
until 31 days from date of publication.
Director Bumpass stated that he did not mind the 30 day notice, but that 133.12
it would not enstill the basis for motivation whereas if service was terminated
and insurance premiums were .raised.
Director Henry, seconded by Noland, made a substitute motion that a 133.13
repealing ordinance be placed on the agenda for the first meeting in April,
along with a recommendation from the staff in terms of what should be included
in a new ordinance, or what should be included in contractual arrangements.
Uponi roll call, the motion passed by a vote of 4-3, with Directors Bumpass, 133.14
Lancaster, and Osborne voting in the minority.
SUBDIVISION WAIVER/APPLEBY ACRES ADDITION
Mayor Todd introduced a request for a waiver of the subdivision regulations 133.15
regarding lot split and final plat requirements for "Appleby Acres Addition."
Mr. Butch Pappon of the Gotlieb Corporation addressed the Board and stated 133.16
they were requesting the waiver because they would prefer to file one final plat
for the shopping center rather than platting in phases (a final plat for each lot)
or re -platting the entire center each time a lot is sold.
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134.1 Assistant City Manager McWethy told the Board that he felt the request
was a reasonable one and should be granted. However, he pointed out that
there is the potential for highly qualified engineering firms to make a
mistake. Therefore, he stated that he felt approval should be conditional
upon the posting of a performance bond of $10,000.
134.2 Mr. Pappon told the Board that the Gotlieb Corporation preferred not to
post a performance bond. He stated that they are already building sidewalks
on two streets, building a fence, widening Appleby Road, and giving the City
trees. Mr. Pappon also pointed out that the accuracy of filing the plat after
the entire subdivision is completed would be greater.
134.3 Mr. Pappon told the Board that the ordinance is not set up for commercial
development, but is set up for residential
134.4 Director Noland asked Ervan Wimberly,
much he would charge to complete the final
$2500.
134.5 After further discussion, Director Osborne, seconded by Henry, moved
that the waiver be granted conditional upon the filing of a $2,000 bond
approved by the City Attorney, and that this not be done again until the
Planning Commission has had an opportunity to study it, and under no circumstances
that any type of waiver of this nature be approved except for a commercial
subdivision.
134.6 Upon roll call the motion failed by a vote of 3-4, with Directors
Osborne, Henry, and Noland voting in the minority.
134.7 Director Osborne, seconded by Sharp moved that the matter of commercial subdivisions
be referred to the Planning Commission. Upon roll call the motion -passed by a vote of
6-1, with Director Henry voting in the minority.
development.
the engineer on the project, how
plat and he replied from $1500 to
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STREET NAMING/BYPASS
mayor 'odd introduced a recommendation from the Fayetteville/Springdale
134.8Transportation Study Technical Advisory Committee that Highway 71 (bypass)
be named.
134.9 After some discussion, Director Sharp, seconded by Noland, moved that
a contest be conducted between the citizens for the naming of the frontage
roads along Highway 71, with Director Bumpass in charge. Upon roll call the motion
passed unanimously.
COMPUTER CONTRACT
134.10 Mayor Todd introduced a resolution canceling the city's contract with
Mid -South Systems, for the provision of computer software.
134.11 Director Osborne, seconded by Henry, moved that the resolution be approved.
Upon roll call the motion passed unanimously, with Directors Sharp and Bumpass
absent upon roll call.
RESOLUTION NO. 28-81 APPEARS ON PAGEDF ORDINANCE & RESOLUTION BOOK x 1.
REVENUE SHARING BUDGET
134.12 Mayor Todd opened a public hearing on the proposed 1981 Revenue Sharing
Budget. The purpose of the hearing was to provide citizens with the opportunity
to comment on the proposed budget. Mayor Todd called for comments from the
audience. One citizen of the audience commented, "I think it is wonderful."
There being no further public comment, the public hearing was closed.
134.13 Director Osborne, seconded by Noland, moved that the 1981 Revenue Sharing
Budget be approved. Upon roll call the motion passed unanimously, with Director
Bumpass absent upon roll call.
RESOLUTION NO. 27-81 APPEARS ON PAGE Q 3I OF ORDINANCE & RESOLUTION BOOK x I.
ARCHITECT SELECTION
134.14 Director Sharp reported that the City Hall Committee had recommended that
bids be obtained from Hailey, Powers & Froning and from Design Direction for the
City Hall Renovation architecture.
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Director Noland, seconded by Todd, moved that bids be obtained within
one week from the two mentioned firms. Upon roll call the motion passed
unanimously.
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135.1
BID AWARD/FENCING AND LIGHTING AT LAKE FAYETTEVILLE PARK
BALLFIELDS #2 and #3
Assistant City Manager McWethy explained that there was enough money budgeted 135.2
for the fencing and lighting, but that there are other items that will be
required as part of the grant application, such as bleachers, water fountains,
etc. for which an additional appropriation would be needed.
Director Osborne, seconded by Henry, moved that the bid be awarded 135.3
to the low bidders, and that the bids for ballfield #3 be awarded contingent
upon execution of a contract agreement with the State Department of Local
0 Services for a matching grant of $15,000 and the local share being provided
by revenue held in trust by David Lashley in a Park Development Fund, and
that $10,000 be appropriated from the General Fund for those other items
CD required to complete the ballfields.
7 Upon roll call the motion passed unanimously. 135.4
Q
OTHER BUSINESS
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SWIMMING POOL
Mr, David Lashley told the Board that the committee appointed to work on 135.5
the swimming pool had met with different architects and engineers. After
meeting with several different firms, the swimming pool committee made a
recommendation to the Parks & Recreation Board of the firm to do the preliminary
conceptual plan for grant application purposes. He pointed out that this doesn't
necessarily mean that these firms will do the entire swimming pool project.
The committee recommended Hailey, Powers, & Froning as architects in conjunction
with McGoodwin, Williams, & Yates Engineers.
After a brief discussion, Director Osborne, seconded by Henry, moved that 135.6
a contract be awarded with Hailey, Powers & Froning and McGoodwin, Williams, &
Yates not to exceed $2,000 for the swimming pool grant application. Upon
roll call, the motion passed unanimously.
RESOLUTION N0. 29-81 APPEARS ON PAGE(2,3G)OF ORDINANCE & RESOLUTION BOOK x J .
NOISE ORDINANCE AMENDED
Mayor Todd introduced a request by Lowry Barnes for a variance of the
noise ordinance, to apply on Arkansas Avenue and Stadium Drive. The request
had been denied by Assistant City Manager David McWethy and his decision upheld
by City Manager Grimes.
Mayor Todd pointed out that there is presently no appeal procedure.
After some discussion, the City Attorney read an ordinance establishing
an appeal procedure to the Board of Directors from the denial of the City
Manager of a noise variance.
Director Osborne, seconded by Bumpass, moved that the rules be suspended
and the ordinance placed on second reading.
Upon roll call the motion passed unanimously with Director Lancaster
abstaining, and the City Attorney read the ordinance for the second time.
Director Osborne, seconded by Bumpass, moved that the rules be further
suspended and the ordinance placed on third and final reading.
Upon roll call the motion passed unanimously with Director Lancaster
abstaining, and the City Attorney read the ordinance for the third time.
Upon roll call the ordinance passed unanimously with Director Lancaster
abstaining.
ORDINANCE NO. 2707 APPEARS ON PAGE 603 OF ORDINANCE & RESOLUTION BOOK X0
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135.14
•
136
NOISE VARIANCE
136.1 Director Osborne stated that the variance requested by Lowry Barnes
had been approved through Maureen Anderson's Office, Dean of Students,
before it came to the City.
136.2 Mr. Barnes pointed out that there were only two nights out of the
entire year that they were seeking variances, April 11 and April 25.
136.3 Director Henry stated that a notice should be printed in the newspaper
that variances would only be granted for those two nights.
136.4 Director Osborne moved that a variance be granted for April 11 and
April 25 from 8:00 p.m. until 1:00 a.m. the next morning with no noise limit
on campus, and a 90 decibel limit off campus. The motion died for lack of
a second.
136.5 Director Bumpass moved that a variance be granted on April 11 and April 25
from 8:00 p.m. until 1:00 a.m. the following morning and that the decibel limit
be set at 90 db. Director Noland seconded the motion. Upon roll call the
motion passed unanimously with Director Lancaster and Sharp abstaining. This
variance would apply to all those named by Mr. Lowry in his request.
HMR 1981 BUDGET
136.6 Mayor Todd stated that the Advertising & Promotion Committee had met and
agreed upon the proposed budget (included in the Director's agenda).
136.7 Director Todd, seconded by Bumpass, moved that the Advertising & Promotion
Budget for 1981 be approved, and that $9,000 be included for City Administration
fee. Upon roll call the motion passed unanimously.
AMEND HMR ORDINANCE
136.8 City Attorney McCord explained that the staff had proposed that the
existing ordinance be amended to require that a business attach to their
HMR form a copy of their state tax return for the same month, so that the
amount can be verified. He explained that an ordinance could be presented
at the next meeting, if the proposal was acceptable to the Board.
136.9 Mr, Stephen Zisnerstated that this would only cause additional paperwork,
and that the City should go to the State and obtain copies of the returns.
136.10 Finance Director Linebaugh pointed out that copies could not be obtained
from the State, that it is considered privileged information.
HOSPITAL BOARD/GENERAL OBLIGATION BOND
136.11 City Attorney McCord stated that the Hospital Board is anxious to proceed
with the improvements planned for several years. He explained that the general
obligation bonds could not be sold because of the interest rates on tax
exempt bonds. He explained that the proposal now is to have the City's Public
Facilities Board, originally limited to residential housing, issue revenue
bonds to finance the hospital improvement project. McCord explained that this
is authorized under the State enabling legislation, but would require an
amendment to the City's ordinance to expand the authorized scope of the Public
Facilities Board.
136.12 City Attorney McCord read an ordinance authorizing the Residential Housing
Facilities Board to be a Public Facilities Board authorized to issue bonds
for health care facilities.
136.13 Director Osborne, seconded by Noland, moved that the rules be suspended
and the ordinance placed on second reading.
Upon roll call the motion passed unanimously, and the City Attorney
136.14 read the ordinance for the second time.
Director Osborne, seconded by Sharp, moved that the rules be further
136.15 suspended and the ordinance placed on third and final reading.
136.16 Upon roll call the motion passed unanimously, and the City Attorney read
the ordinance for the third and final time.
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The Mayor asked if the ordinance should pass. The ordinance passed
unanimously upon roll call.
ORDINANCE NO. 2708 APPEARS ON PAGE 000(0F ORDINANCE & RESOLUTION BOOK %< / .
DONREY SIGN/NORTH OF HERMANS
City Attorney McCord stated that he had agreed with the counsel of Donrey
that the inunction which Donrey has against the City pending the resolution of
their law suite was to preserve the status quo, and not enable Donrey to erect
new signs. He stated that a new sign north of Herman's had been constructed.
McCord stated that he had contacted Donrey's legal counsel, and that he had
explained that the old sign was about to fall and that the old sign had been
stablized by putting up a new steel frame.
O Director Lancaster stated that he felt contempt of court should be filed. 137.3
He stated that most of the Donrey signs are on wooden poles that are rotten,
Q) and that the sign north of Hermans had not been repaired but replaced with new
6) steel posts. 137.4
After further discussion, Director Osborne, seconded by Bumpass, moved
'Cr that the existing injunction against the City be clarified to reflect that the
Q
injunction is to preserve the status quo and not to authorize Donrey to replace
existing signs, and that a contempt violation be sought against Donrey for
construction of a new sign.
Upon roll call the motion passed unanimously.
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137.1
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UNIVERSITY OF ARKANSAS EASEMENT
City Manager Grimes explained that the University is going to do some
redraining and resurfacing of parking lots west of Garland and north of Maple.
He stated that in conjunction with that, the University has asked that.the
City help them acquire an additional 121/2 feet of permanent easement so they can
put in a concrete line channel. The City presently has a 15 foot easement.
Mr. Grimes explained that there are seven property owners plus the University
of Arkansas involved in that segment of property. He requested authorization
for condemnation, if it is not possible to obtain the easements through
negotiations.
Director Osborne, seconded by Bumpass, moved that the City be authorized
to condemn the property if necessary, and that the University of Arkansas be
responsible for all expenses incurred.
Upon roll call the motion passed unanimously.
TRAFFIC SYSTEM MANAGEMENT
City Manager Grimes stated that the Northwest Arkansas Regional Planning
Commission (NWARPC) is trying to get more traffic system management work going
in Northwest Arkansas. Fayetteville has the only traffic department in the area
that has the proper training to work on certain problems. The NWARPC is
proposing that the Traffic Superintendent and his workers be allowed to assist
other communities as time allows, in Northwest Arkansas on a loan basis,
being paid back for all costs involved.
Director Todd, seconded by Sharp, moved that the program outlined by the
City Manager be approved. Upon roll call the motion passed unanimously.
CLEAN COMMUNITY SYSTEMS
Director Henry explained that there has to be a named applicant for this
project, and the Board needed to decide whether the City of Fayetteville would
be the named applicant, or if the Chamber of Commerce would be the applicant.
After discussion, it was decided that it should be a joint venture and that
both the Chamber and the City would be named as applicants
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LAND ON SOUTH SIDE OF SQUARE/WEST OF DAVIDSON'S SHOES
138.1 Director Osborne stated that the property directly west of Davidson's
Shoes on the South side of the square was purchased by off-street parking
district #1 from urban renewal. There is a restriction in the deed that the
district cannot sell to anyone other than the City or public building authority.
Thus, the district cannot sell the property to Southside Ltd. who wants to
purchase the property. However, the district can sell it to the City, and the
City can sell it to Southside Ltd., which was the reason the land was purchased
in the beginning.
138.2 After a brief discussion, Director Henry, seconded by Bumpass, moved that
the City purchase the vacant lot mentioned and immediately convey it unto
Southside Ltd., and that if the property is not used as planned within two years
it automatically reverts back to the City.
138.3 Upon roll call the motion passed unanimously.
RESOLUTION NO 30-81 APPEARS ON PAGE 240 OF ORDINANCE & RESOLUTION BOOK XI.
PLANTER IN FRONT OF LEWIS BROTHERS BUILDING
138.4 Assistant City Manager McWethy reported that a test had been done on the
planter in front of the Lewis Brothers Building, and that the planter did leak
water into the basement.
138.5 Mr. McWethy reported that he had talked to Mr. Lewis and that the City
had offered to remove the contents of the planter, seal the planter completely,
plug the drain, fill the planter full of standing water for a period of time
to be assured the planter did not leak, and then replant the rose bushes in the
planter. Mr. Lewis would then sign a release. However, Mr. Lewis would not
agree to these provisions.
138.6 Director Lancaster asked why the City could not remove the entire planter
and be rid of the problem.
138.7 Director Noland stated that the two alternatives would be to either
take the planter out, or have Mr. Lewis sign an agreement reflecting the
provisions above.
MINUTES
138.8 The minutes of the 2-16-81 meeting were approved as submitted.
ADJOURNMENT
138.9 There being no further discussion, the meeting adjourned at 12:45a.m.
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