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HomeMy WebLinkAbout1981-05-19 MinutesMINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Fayetteville City Board of Directors was held on Tuesday, May 19, 1981, at 7:30 p.m. in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. PRESENT: Directors Todd, Bumpass, City Manager Grimes, City Attorney City Clerk Koettel, members of the ABSENT: Director Sharp Henry, Lancaster, Noland, and Osborne; McCord, Assistant City Manager McWethy, news media, and members of the audience. 179 CALL TO ORDER Mayor Todd called the meeting to order and asked for a moment of respectful silence. JAYCEE RECOGNITION Mayor Todd stated that the Fayetteville Jaycees had recently recognized citizens of Fayetteville for outstanding accomplishments and leadership, and that four of those recognized were employees of the City of Fayetteville. Ken Martin, Rick Hoyt, and John Schuster were all recognized and given distinguished service awards for their accomplishments.. Mayor Todd stated that Chief Bob Jones of the Police Department was present to announce the fourth employee recognized. Chief Jones, on behalf of the Jaycees, presented Officer Jerry Friend with the Outstanding Young Law Enforcement Officer Award. 179.1 179.2 179.3 REZONING/NORTH SIDE OF MILLSAP ROAD Mayor Todd introduced an ordinance rezoning property (1.5 acres) on the 179.4 north side of Millsap Road, 300 feet east of North College Avenue. The request was to change the R-1 "Low Density Residential" to C-2 "Thoroughfare Commercial," and petitioner was Northwest Arkansas Development Company, Inc., by Wade Bishop. The Planning Commission recommended approval of the rezoning. Mayor Todd explained that this item had been tabled at the last meeting 179.5 because the zoning maps were not available since the meeting had been held at the Fire Station. Director Osborne, seconded by Henry, moved that the item be removed from 179.6 the table. Upon roll call the motion passed unanimously. Mayor Todd pointed out that a motion had been made at the previous meeting 179.7 by Director Sharp to amend the ordinance to rezone the R-1 to R-0 instead of C-2. The motion had been seconded by Director Henry, and then the item was tabled for further review of the zoning maps. Mayor Todd called for any discussion from the audience. Mr. Wade Bishop addressed the Board and stated that he was requesting this rezoning so that the entire tract of property would be consistent in zoning and not be split with part C-2 and part something else. He stated that two-thirds of the lot is already zoned C-2. Director Henry stated that the property backs up next to some R-1 houses, and 179.10 that she agrees with Director Sharp that an R-0 zoning will be more appropriate. She told Mr. Bishop she had problems with putting a C-2 zoning that close to an R-1 zoning. Director Noland stated that in talking to the people of the area, he had discovered that they are willing to accept the R-0, but not the C-2. 179.8 179.9 179.11 180 180.1 Mr. Gary Wyatt addressed the Board and stated that he resides in the property area, and that he would not want to see the property in question zoned C-2, but that he would not have objections to R-0. 180.2 There being no further discussion, Mayor Todd called for a vote on Director Sharp's motion to amend the ordinance to change the zoning from R-1 to R-0. Upon roll call the motion passed unanimously. 180.3 Mayor Todd asked if the amended ordinance should pass. Upon roll call the ordinance passed unanimously. ORDINANCE NO. 2723 APPEARS ON PAGE 32. OF ORDINANCE & RESOLUTION BOOK x] BOUNDARY AMENDMENTS 180.4 Mayor Todd stated that this item had also been tabled at the last meeting, because the maps were not available. He stated that Larry Wood, Planning Consultant for the Northwest Arkansas Regional Planning Commission, was present to answer any questions the Board or audience might have on this item. 180.5 Mr. Wood addressed the Board and explained that the Chairmen of both the Fayetteville and Johnson Planning Commissions had met and agreed upon the boundaries presented in the agenda. 180.6 Mr. Paul Lewis addressed the Board and stated that he would rather the area of Wooded Hollow stay in the Fayetteville Planning Area because he felt Fayetteville could offer more benefits than could Johnson. 180.7 Mr. Tom Cothren also addressed the Board. He stated that he lives in the new Wooded Hollow area, and that he too would rather stay in the Fayetteville Planning area. 180.8 City Attorney McCord pointed out that the fact that a particular piece of property is included in one municipality's planning area does not preclude that property from being annexed to another municipality. 180.9 Director Henry suggested that representatives of the City of Fayetteville and the City of Johnson get together again and see if the Wooded Hollow area could remain in the Fayetteville planning boundary, and also check to see if the City of Fayetteville has water lines in the area close to the Swimranch and Salem Road that need to be protected. 180.10 Mayor Todd asked Mr. Wood if Greenland had an active Planning Commission, and Mr. Wood answered that Greenland does have a Planning Commission, but that to his knowledge it is not one with development controls at this time. 180.11 Following further discussion, Director Osborne, seconded by Bumpass, moved that the item be tabled until the Johnson Planning Commission Chairman could be contacted about the Wooded Hollow area and the area around the Swimranch and Salem Road. Upon roll call the motion passed unanimously. 180.12 Director Osborne, seconded by Henry, moved that the Greenland portion of the ordinance be deleted, and the ordinance be brought back to the Board with only the Johnson planning area. Upon roll call the motion passed unanimously. SIGN APPEAL/2140 NORTH COLLEGE AVENUE 180.1T Mayor Todd introduced an appeal from the literal provisions of the sign ordinance for an existing sign located at 2140 North College Avenue. A variance was requested by Century 21 Frances Langham Realty Company for permission to allow a 75 square foot joint identification sign to remain at a 30' setback from North College Avenue. The ordinance requirement is that a 75 square foot free-standing sign requires a 40' setback unless the Board determines that strict enforcement would be unreasonable. 180.14 Ms. Langham addressed the Board and stated that she has vacant office space, and cannot find tenants because there is no sign space available for them. She explained that if the sign has to be moved, it will be behind a building and will not be visible traveling from the north. 1 1 1 Director Henry stated that a joint identification sign was being used across from the mall where there were smaller, one -line signs, under a larger sign. She explained that this might could be done with the Langham sign so that several tenants could have advertising. Sign Inspector John Dietzen stated that if the Board approves the setback, the sign can be a total of 82 square feet. Director Noland, seconded by Osborne, moved that a setback variance of 10 feet be granted. Upon roll call the motion passed by a vote of 5-1, with Director Henry voting in the minority. ANIMAL TAGS It was agreed that there was no action needed on this item. 0 R -O -W WAIVER ORDINANCE City Attorney McCord read an ordinance providing an appeal procedure regarding the dedication of required street right-of-way in connection with commercial, industrial, or multi -family development. He explained that this ordinance would be placed in Appendix C of the Code of Ordinances, which deals with development regulations. Q 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 read the ordinance for the second time. Director Osborne, seconded by Todd, moved that the rules be further suspended and the ordinance placed on third and final reading. Upon roll call the motion passed unanimously, and the city attorney read the ordinance for the third time. ' Mayor Todd asked if the ordinance should pass. Upon roll call the ordinance passed unanimously. ORDINANCE NO. 2724 APPEARS ON PAGE 34/ OF ORDINANCE & RESOLUTION BOOK KJ . RIGHT-OF-WAY APPEAL Mr. Jim Hall addressed the Board and stated that he was representing Mr. Jim Ray, who is presently leasing property at 2395 N. College. The property is a used car lot. Mr. Hall stated that his client proposes to add 1800 square feet on to the front of the present structure for approximately $50,000 to $60,000. However, he stated that a building permit could not be obtained until right-of-way was dedicated to the City. Mr. Hall stated that the property owner, Mr. Whitfield, stated that he would not dedicate the required 17' of right-of-way to the City. Mr. Hall stated that it did not seem fair to deny his client the right to add on to the structure, because Mr. Whitfield refused to dedicate the right-of-way. Director Bumpass stated that he felt the item should be tabled until Mr. Whitfield and the City could discuss the matter. Director Bumpass, seconded by Osborne, moved that the item be tabled. Upon further discussion, Director Bumpass withdrew his motion to table, and Director Osborne withdrew his second. Director Henry, seconded by Osborne, moved that the right-of-way requirement would be waived for the property south of the light poles, but would require a 5' sidewalk easement there. Upon roll call the motion passed by a 4-2 vote, with Director Bumpass and Lancaster voting in the minority. 181 181.1 STREETLIGHT CHANGE Mayor Todd introduced a recommendation regarding the changeover of larger streetlights from mercury-vapor to more efficient high-pressure sodium fixtures. Mr. Bob Waldron of SWEPCO addressed the Board and stated that there are approximately 196 of the lights on wooden poles and that under the present system 181.2 181.3 181.4 181.5 181.6 181.7 181.8 181.9 181.10 181.11 181.12 181.13 181.14 182 the cost to the City is approximately $1,017 per month, but that with 250 -watt HPS the cost per month will be approximately $932.00 per month. This will provide about one-third more light at a lesser charge. 182.1 Director Noland, seconded by Bumpass, moved that the recommendation to change the larger lights on wooden poles from 400 -watt mercury vapor to 250 -watt sodium lamps be approved. Upon roll call the motion passed unanimously. CITY HALL RENOVATION 182.2 Mayor Todd introduced a recommendation from the City Hall Committee regarding further plans to remodel City Hall. 182.3 Director Osborne stated that the committee had decided that due to the lack of revenue the City has, it would be better to delay further actior on the plans for renovation for sixty days. This would give more time for study of the two plans submitted, and would also allow more time to determine what the outcome of the sales tax election would be. He stated that it is recognized that the facilities are badly needed. 182.4 Director Lancaster stated that a way should be found to carry out these plans, as the longer they are put off the more expensive they become. He stated it should be a goal of the Board to see that better facilities are obtained. 182.5 Director Osborne, seconded by Noland, moved that the matter be delayed for sixty days. Upon roll call the motion passed unanimously. EASEMENT REDUCTION 182.6 City Attorney McCord read an ordinance for the reduction of a "blanket easement" on Lot 22 in Azalea Terrace Subdivision. 182.7 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, with Director Henry absent upon roll call. City Attorney McCord read the ordinance for the second time. 182.8 Director Osborne, seconded by Noland, 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 Henry absent. City Attorney McCord read the ordinance for the third time. 182.9 There being no discussion on this from the Board or audience, Mayor Todd asked if the ordinance should pass. Upon roll call the ordinance passed unanimously with Director Henry absent. ORDINANCE NO. 2726 APPEARS ON PAGE 37 OF ORDINANCE & RESOLUTION BOOK XI WAIVER OF COMPETITIVE BIDS/WATER & SEWER 182.10 City Attorney McCord read an ordinance waiving competitive bid requirements for Water & Sewer Department supplies and fittings. 182.11 Director Osborne, seconded by Todd, moved that the rules be suspended and the ordinance placed on second reading. Upon roll call the motion passed unanimously, with Director Henry absent upon roll call. The City Attorney read the ordinance for the second time. 182.12 Director Osborne, seconded by Todd, 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 absent. The City Attorney read the ordinance for the third and final time. 182.13 Purchasing Agent Sturman Mackey explained that this was necessary because prices could not be guaranteed for very long. In some cases prices would not be guaranteed for longer than twenty four hours. 182.14 Mr. Mackey informed the Board that these were written bid quotations and that permanent records were kept on each quotation. Mayor Todd asked if the ordinance should pass. Upon roll call the ordinance 182.15 passed unanimously. ORDINANCE NO. 2727 APPEARS ON PAGE 43 OF ORDINANCE & RESOLUTION NO. )(I 183 BID AWARD/SANITATION DEPARTMENT Purchasing Agent Sturman Mackey recommended that the bid for three 27,000 183.1 G.V.W. Sanitation Trucks Chassis be awarded to Bell International for $20,417, and that the award of the bid for three 20 cubic yard packer bodies installed be awarded to Choctaw Inc. for $11,332.06. Director Henry asked Sanitation Superintendent Wally Brt if the sanitation 183.2 trucks would be equipped to handle racks so that newspapers could be carried on the racks. Mr. Brt replied that the trucks are not already equipped with the racks, but 183.3 that this type of arrangement could be worked out so that newspapers could be hauled in this way. Director Henry, seconded by Osborne, moved that these bids be awarded as 183.4 recommended. 0 Upon roll call the motion passed unanimously. 183.5 CD FIXED BASE OPERATOR LEASE Mayor Todd introduced the proposed bid conditions and exhibits for the 183.6 7 Fixed Base Operator lease at Drake Field for Board approval. Q Director Lancaster, Chairman of the Airport Committee, stated that the 183.7 committee had met and reviewed the proposal with only a few changes. These changes were pointed out to the Board. Section 3 entitled Fuel Farm on the first page of the bid form was 183.8 changed to read, "The winning bidder declared as the Fixed Base Operator shall pay a minimum of $400.00 base rent for the right to conduct fuel sales at Drake Field plus a. . . Also, a section was added to the same paragraph stating, "Bidders take 183.9 note: Irrespective of the $400.00 minimum monthly base rent specified herein, the actual amount of the base rent shall not be less than the monthly debt service (principal, interest, and all fees) on Airport Revenue Bonds issued by the City to finance construction of a new fuel farm and appurtenances thereto." Mr. Grimes explained that the airport bond issue would be sold to local 183.10 banks, and would probably he a ten year bond instead of a twenty year bond. Therefore, the $400 figure would be more appropriate than the original $300 figure. Mr. Mackey advised that the bid opening would be June 22, 1981, at 10:00 a.m.183.11 Mr. Grimes also pointed out that there would be an expenditure of approxi- 183.12 mately $14,000 if the automobile parking lot mentioned in item 3 of the Notice to Prospective Bidders page was converted to aircraft parking. After some discussion concerning this, it was agreed that a clarification 183.13 should be made to state' that this need would be determined by the City of Fayetteville. Director Lancaster, seconded by Osborne, moved that these proposed conditions and exhibits be approved as discussed. Upon roll call the motion passed unanimously. BID AWARD/TAXIWAY LIGHTING & RUNWAY SAFETY Mayor Todd introduced discussion on the award of a bid for runway safety area grading and taxiway lighting at Drake Field. He stated that the engineer in charge of this, Wayne Jones of McClelland Engineers, was present to answer any questions. Director Lancaster, Chairman of the Airport Committee, stated that Mr. Jones had recommended that the contract be awarded to APAC-Arkansas, Inc., in the amount of $123,500 for Contract Section I and to Pendleton Electric Co. in the amount of $60,099 for Contract Section II subject to concurrence by FAA. The airport committee had considered this and also recommended this to the Board. Director Lancaster, seconded by Noland, moved that the bid be awarded as outlined above. Upon roll call the motion passed unanimously. 183.14 li 183.15 1 183.16 183.17 183.18 184 OTHER BUSINESS FLUORIDATION DISCUSSION 184.1 Ms. Carmyne Pitts of 709 Sang Avenue addressed the Board and requested an opportunity to have information on fluoridation of the water presented for discussion. 184.2 The Board advised Ms. Pitts that this matter had been voted an by the citizens of Fayetteville and passed by a majority, and that the equipment is presently being installed and that a contract has already been awarded with a completion date set of July. 184.3 City Attorney Jim McCord explained to Ms. Pitts that a petition could be filed proposing an ordinance providing that the water should not be fluoridated, and would then be submitted for a vote of the people at the ixt general election. He stated that there would be a specific number of signatures needed, which could be obtained by calling the County Clerk's office. 184.4 Mayor Todd asked Ms. Pitts to send the Directors of the Board the pertinent information she has, and after a review they will determine if it is to be placed on a Board agenda for further discussion. Also, he advised Ms. Pitts that City Attorney McCord would be glad to work with her on advising her the steps needed to be taken in this matter. LEWIS PLANTER 184.5 Assistant City Manager McWethy reported to the Board that he had received a report from Ervan Wimberly with Northwest Engineers on a request for guidance concerning the planter in front of the Lewis Borthers Building on the square. McWethy requested authorization from the Board to proceed with the seven items outlined on page two of Mr. Wimberly's report. However, McWethy stated that he would recommend that these items not be carried out urtil November. 184.6 Director Osborne stated that he was not in favor of carrying out the items named on page two as he thought it would only be a waste of time. He told the Board that he had checked with others around the square, and that there are several basements which leak. 184.7 After further discussion concerning the problem, it was agreed that a copy of the engineer's letter should be sent to Mr. Lewis, and that the City Attorney should contact the engineer out of Little Rock (Tommy Hodges) that designed the planters in the beginning and explain that complaints had been received about water seepage in more than one area on the square, and ask if he could give an explanation of what the cause might be. BUDGET ADJUSTMENTS 184.8 City Attorney McCord stated that a resolution was needed to adopt budget adjustments in the General Fund for the first quarter of fiscal year 1981. 184.9 These adjustments were reviewed by the Finance Department. 184.10 Director Todd, seconded by Noland, moved that the resolution be approved. Upon roll call the motion passed unanimously. RESOLUTION NO. 52-81 APPEARS ON PAGE 3 p'$ OF ORDINANCE & RESOLUTION BOOK ?(t . SWEPCO SERVICE AGREEMENT/LAKE FAYETTEVILLE PARK 184.11 City Manager Grimes requested authorization for the Mayor and City Clerk to execute an underground electrical service agreement for the two ballfields at Lake Fayetteville. 184.12 Director Noland, seconded by Osborne, moved that authorization be given for the execution of this agreement. Upon roll call the motion passed unanimously. RESOLUTION 53-81 APPEARS ON PAGE 3 I a OF ORDINANCE & RESOLUTION BOOK xi • 1 1 EMPLOYEE HEALTH INSURANCE Director Osborne, seconded by Henry, moved that the Board authorize the City Manager to advise the city employees that the Board is aware of the fact that there has been a substantial increase in the health insurance premiums, and that Dr. Bob Hall is studying the matter. The Board will not take any action until Dr. Hall has completed his study. Upon roll call the motion passed unanimously. DIRECTOR BUMPASS HONORED Mayor Todd stated that Director Bumpass was nominated for Distinguished Service Award for Outstanding Community Service during 1980 by the United States Jaycees. 185 185.1 185.2 185.3 O) CITY OF ROGERS 100TH ANNIVERSARY Director Henry, seconded by Osborne, moved that a resolution be passed 185.4 congratulating the City of Rogers. The City will observe its 100th anniversary 7 this month. Upon roll call the motion passed unanimously. Q Q RESOLUTION NO. 54 81APPEARS ON PAGE 3 l5 OF ORDINANCE & RESOLUTION BOOK Xj . MINUTES The minutes were approved as submitted. 185.5 ADJOURNMENT There being no further discussion, the meeting adjourned at 10:30 p.m. 185.6