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HomeMy WebLinkAbout1981-06-16 Minutes206 MINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Fayetteville City Board of Directors was held on Tuesday, June 16, 1981, at 7:30 p.m. in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas, 72701. PRESENT: Directors Henry, Lancaster, Noland, Osborne, Sharp, Bumpass; City Manager Grimes, Assistant City Manager David McWethy, City Clerk Koettel, and members of the news media. ABSENT: Mayor John Todd and City Attorney Jim McCord CALL TO ORDER After a moment of respectful silence, Assistant Mayor Noland called the meeting to order. CAC REPORT 206.1 Director Noland introduced for consideration the non-structural recommendations of the Citizen's Advisory Committee on Wastewater Treatment, for possible adoption as the City's Wastewater Management Policy. 206.2 The recommendations were summarized in the agenda for the meeting, attached to these minutes. 206.3 Director Noland stated that this had been before the Water and Sewer Committee and was recommended for adoption by the committee. 206.4 Assistant Mayor Noland called for comments from the audience or from the Board. 206.5 There was no public comment and Director Henry, seconded by Bumpass, moved that the recommendations be adopted as the City's Wastewater Management Policy. Upon roll call the motion passed unanimously. POLLUTION CONTROL BONDS/R&P ELECTROPLATING 206.6 Assistant Mayor Noland introduced a resolution authorizing the execution of a Memorandum of Intent regarding the issuance of $850,000 in Act 247 Pollution Control Revenue Bonds for R&P Electroplating, Inc. 206.7 Assistant City Manager McWethy read the resolution. 206.8 Mr. Stanley Hanover, attorney for R&P Electroplating addressed the Board. He explained that the Act 247 bonds are very similar to Act 9 bonds, but that these Act 247 bonds are guaranteed by the Small Business Administration. City Manager Grimes explained that R&P Electroplating will pay all costs 206.9 of the bonds through a lease or loan arrangement. There is no liability on the part of the City in the unlikely event that R&P Electroplating should go bankrupt or default on the repayment of the bonds. 206.10 Director Henry, seconded by Bumpass, moved that the resolution be passed. Upon roll call the motion passed unanimously. RESOLUTION NO. 59-81 APPEARS ON PAGE 33 5 OF ORDINANCE & RESOLUTION BOOK )t . ACT 9 BONDS/WARREN TOOL 206.11 Assistant Mayor Noland opened a public hearing to discuss a proposed ordinance which would authorize $750,000 in Act 9 Industrial Development Revenue Bonds for Warren Tool Corporation. Director Noland called for discussion from the audience. There being no discussion, Assistant Mayor Noland declared the public hearing closed. 1 June 16, 1981 Assistant City Manager McWethy read the ordinance for the first time. Director Osborne, seconded by Sharp, moved that the rules be suspended and the ordinance be placed on second reading. Upon roll call the motion passed unanimously. McWethy read the ordinance for the second time. Director Osborne, seconded by Henry, moved that the rules be suspended and the ordinance be placed on third and final reading. Upon roll call the motion passed unanimously and McWethy read the ordinance for the third time. Director Noland explained that this bond issue is for an expansion of Warren Tool's present facilities. He pointed out there is no liability on the City's part, and that a payment in lieu of taxes clause was contained in the agreement, whereby the industry would make payment to the City. Director Bumpass asked what specifically Warren Tool manufactures. O Dale Christy of the Fayetteville Chamber of Commerce explained that Q) Warren Tool manufactures heavy hand tools He stated that this was a planned expansion from the beginning, and should enable Warren Tool to go from approximately 30 employees to as many as 100. Assistant Mayor Noland called for further discussion on the ordinance, Q and there being none the City Clerk called the roll. The ordinance passed unanimously upon roll call. ORDINANCE NO. 2729 APPEARS ON PAGE / OF ORDINANCE & RESOLUTION BOOK *CH 207 207.1 207.2 207.3 207.4 207.5 207.6 207.7 I -PARK IMPROVEMENTS Assistant City Manager McWethy read a resolution authorizing the continuation 207.8 of the existing policy for the construction of roads and improvements in the Fayetteville Industrial Park. The present policy provides that the City will provide labor and equipment 207.9 for these improvements, with the cost of the materials coming from land sale proceeds. Assistant Mayor Noland explained that the reason for the confirmation of 207.10 this policy is that the recently expanded industrial park area is about to be developed. Dale Christy of the Chamber of Commerce addressed the Board. He explained 207.11 that the original industrial park contained approximately 500 acres. About two years ago a need was felt to expand to the west and about 300 additional acres were acquired. Some development is going to have to be done in that area for the upcoming Marshalltown Tool project. All proceeds will go back into the future development of this property or toward the cost of purchasing additional land later for the park. Director Lancaster, seconded by Bumpass, moved that the resolution be 207.12 passed. Upon roll call the motion passed unanimously. RESOLUTION NO. 60-81 APPEARS ON PAGES 3 5 OF ORDINANCE & RESOLUTION BOOK j(l . REZONING/EAST SIDE OF 112 NORTH Assistant Mayor Noland introduced an ordinance rezoning property as requested in rezoning petition R81-8 for 57.2 acres located on the east side of Highway 112 North, north of Highway 71 and south of County Road 898. The change requested was from A-1 "Agricultural" to C-2 "Thoroughfare Commercial" and the petitioners were Wayne Dyer, Arthur Skelton, Jimmy Terry, F.H. Martin, and J. B. Hays. Assistant Mayor Noland explained that this was left on second reading at the previous Board meeting, and that the ordinance would now be read for the third time. Assistant City Manager read the ordinance for the third time. 207.13 207.14 207.15 June 16, 1981 208 208.1 This had been considered by the Planning Commission and was recommended for approval. 208.2 Mr. Grimes explained that this had been annexed into the City as A-1, Agricultural, and that the City is checking into the possibility of installing more fire plugs in the area in an effort to provide adequate fire protection. 208.3 There being no further discussion, the Assistant Mayor called for a vote on the ordinance. The ordinance passed unanimously upon roll call. ORDINANCE NO. 2730 APPEARS ON PAGE 4, OF ORDINANCE & RESOLUTION BOOK /C// . POOL GRANT 208.4 Assistant City Manager McWethy read a resolution authorizing the submission of a grant application to the Heritage Conservation & Recreation Service, for construction of a new swimming pool at Wilson Park. 208.5 Mr. Joe Tarvin of McGoodwin, Williams, and Yates Engineering addressed the Board. He explained that their firm had been selected to prepare the 208.6 preliminary plans and to submit the grant application to HCRS. Director Noland asked Mr. Tarvin if the City would be obligated to the 1.2 million shown on the application if the $200,000 grant was approved by HCRS. Mr. Tarvin stated that he did not believe so, but that this could probably 208 7 be scaled down some. Director Osborne stated that he did not feel the City has the revenue for building a pool at a cost of 1.2 million dollars. He stated that he had understood previously that the grant of $200,000 by HCRS would be matched by the City with $200,000. Other members of the Board expressed that this had also been their feeling on the matter. After some discussion it was determined that the Parks Board had not 208 9 reviewed this plan. Director Henry, seconded by Osborne, moved that this plan be authorized for submission after the full Parks Board and the Finance Committee have reviewed it and determined the priorities. Upon roll call the motion passed unanimously. Beverly Melton addressed the Board and stated that they were checking into the possibility of a "Wavetec" pool. She explained that this would be expensive in the beginning, but that possibly could pay for itself over a period of years. She distributed materials on the "Wavetec" to the Board and asked them to review it. 208.8 208.10 208.11 208.12 ANNEXATION/WEST OF DINSMORE TRAIL Assistant Mayor Noland introduced a resolution for annexation of a ten acre parcel of land located on the west side of Dinsmore Trail. The petition for annexation was made by Billy Lynn Ashmore. Director Bumpass asked Mr. Ashmore if he had any immedi the land. Mr. Ashmore answered that this was where his resi and that he has no plans for development. Director Bumpass asked Mr. Ashmore why he wanted to be Ashmore replied that the City has an excellent benefit packa There being no further discussion, Director Lancaster, moved that the resolution for annexation be approved. Upon roll call the motion passed unanimously. 208.13 208.14 208.15 208.16 ate plans for dence is located annexed, and Mr. ge. seconded by Henry, RESOLUTION NO. 61-81 APPEARS ON PAGE(35 (SOF ORDINANCE & RESOLUTION BOOK >CI . LINE OVERSIZING/STONEBRIDGE ROAD 208.17 Assistant Mayor Noland introduced a request by the City Engineer for authorization to oversize a sewer line extension on Stonebridge Road, 150' north of Wyman Road. 1 June 16, 1981 It was the recommendation of the City Engineer that the City pay the 209 difference between the cost of a 4 -inch sewer service and the cost of a 209.1 6 -inch sewer service, and that the authorization for the advertisement of bids be given. The cost to the City would be approximately $1,700.00. This item was considered by the Water and Sewer Committee and it was 209.2 felt that there would be additional use of this line in the future. Director Sharp stated that he would like to see those connecting to the 209.3 line in the future pay a share of the cost of the oversizing. The Board was agreeable on this. Director Sharp, seconded by Henry, moved that the oversizing and advertising 209.4 ' of bids be approved, and that anyone connecting to the line in the future be charged for their share. Upon roll call the motion passed unanimously. 209.5 Q STREET PLAN CHANGE/GREGG AVENUE M Assistant City Manager McWethy read an ordinance amending the City's G) Master Street Plan by deleting that portion of Gregg Avenue between Prospect and Lafayette Streets. Director Osborne, seconded by Henry, moved that the rules be suspended Q and the ordinance be placed on second reading. Upon roll call the motion Q passed unanimously, and McWethy read the ordinance for the second time. Director Osborne, seconded by Henry, moved that the rules be further suspended and the ordinance be placed on third and final reading. Upon. roll call the motion passed unanimously, and McWethy read the ordinance for the third and final time. Director Noland pointed out that this had been considered by the street committee a few years previously, but no official action had been taken on it. IIIThree members of the audience from the neighborhood along this portion of Gregg Avenue stated that they would like to see Gregg Street between Prospect and Lafayette Streets removed from the master street plan due to so much traffic and noise that would be created. After further discussion, Assistant Mayor Noland asked if the ordinance should pass. Upon roll call the ordinance passed unanimously, with Director Sharp abstaining because he was not on the Board back when this was first considered, and was not familiar with the situation. ORDINANCE ii0. 2731 APPEARS ON PAGE OF ORDINANCE & RESOLUTION BOOK )(// AIRPORT DISPLAYS Assistant Mayor Noland introduced the request for approval of the form of a lease agreement for display space at the Airport Terminal Building at Drake Field. This had been considered by the Airport Committee previously. Upon discussion, Director Lancaster expressed some concern about the size of the display cases and the number that were to be leased. He stated he did not want the airport to become crowded with too many large cases so that it looked cluttered. Director Osborne, seconded by Lancaster, moved that the item be tabled until more specific information on the size and location of the cases could be discussed by the Airport Committee once again. Upon roll call the motion passed unanimously. EASEMENT ABANDONMENT/EAST OF CEC 209.17 Assistant City Manager McWethy read an ordinance abandoning and vacating a utility easement east of the Continuing Education Center. 209•18 Director Osborne, seconded by Henry, moved that the rules be suspended and the ordinance be placed on second reading. 209.6 209.7 209.8 209.9 209.10 209.11 209.12 209.13 209.14 209.15 209.16 June 16, 1981 210 Upon roll call the motion passed unanimously, and McWethy read the ordinance for the second time. 210. 2 Mr. Grimes stated that the proposal was to vacate the entire original easement and that new permanent and temporary easementswould be executed and filed for record. 210.3 Upon discussion, it was discovered that a gas meter for the Continuing Education Center was located in the easement granted. 210.4 It was the consensus of the Board to leave the item on second reading so that property owner Lynn Wade could execute an agreement allowing the gas meter and CEC gas line to remain at their present location after the easement is vacated. BIKEWAYS CERTIFICATE 210.5 Assistant City Manager McWethy read a resolution authorizing the execution of an agreement certifying that no one associated with the City's bikeways grant will have a financial or other interest in the project. 210.6 Director Henry, seconded by Sharp, moved that the resolution be approved. Upon roll call the motion passed unanimously. RESOLUTION NO. 62-81 APPEARS ON PAGE '380F ORDINANCE & RESOLUTION BOOK KI AUDIT LETTER 210.7 Assistant City Manager McWethy read a resolution attesting to actions taken in response to findings of the Legislative Joint Audit Committee. 210.8 Finance Director Linebaugh reported that the auditor of the Legislative Joint Audit Committee had been in his office today. Mr. Linebaugh stated that the auditor was concerned about the time payment reports and the overdue tickets and charges. Mr. Linebaugh explained that this resolution was a preliminary step, and the Board would probably be called upon for further action 210 y at a later date. Director Osborne, seconded by Bumpass, moved that the resolution be 210.10 approved. Upon roll call the motion passed unanimously. RESOLUTION NO. 63-81 APPEARS ON PAGE:3 4.00F ORDINANCE & RESOLUTION BOOK x 1 . 210 11 DEVELOPMENT RULES Assistant City Manager McWethy read an ordinance amending the City's Large Scale Development regulations by indicating that a development may be turned down if the developer refuses to install required on-site or off-site 210 12 improvements; and clarifying the appeal procedures. Assistant Mayor Noland pointed out that this ordinance was meant to clarify 210.13 the large scale development regulations and the appeal procedures. Director Osborne, seconded by Henry, moved that the rules be suspended and the ordinance be placed on second reading. Upon roll call the motion passed unanimously, with Director Bumpass absent, and McWethy read the ordinance for 210.14 the second time. Director Osborne, seconded by Henry, moved that the rules be further suspended and the ordinance be placed upon third and final reading. The motion passed unanimously, with Director Bumpass absent, and McWethy read the ordinance for 210.15 the third and final time. It was pointed out by Assistant Mayor Noland that this was only a clarification of the large scale development regulations and the appeal procedures and was not new material. 210.16 Upon roll call, the ordinance passed unanimously, with Director Bumpass absent. ORDINANCE N0. 2732 APPEARS ON PAGE 9 OF ORDINANCE & RESOLUTION BOOK Xll . 1 1 June 16, 1981 RENTAL BID Assistant Mayor Noland stated that the purchasing agent was recommending that the bid for the rental of a city -owned house north of the Fayetteville Airport be awarded to Faye and Brian Jones for $225.00 per month. They were the only bidders. Director Osborne, seconded by Henry, moved that the bid be awarded as recommended. Upon roll call the motion passed unanimously, with Director Bumpass absent upon roll call. AIRPORT STANDARDS Assistant City Manager McWethy read an ordinance requiring that commercial aeronautically -associated services or activities at Drake Field meet minimum standards. 0 Director Henry, seconded by Lancaster, moved that the rules be suspended 211.4 01 and the ordinance be placed on second reading. Upon roll call the motion CO passed unanimously, and McWethy read the ordinance for the second time. Director Lancaster, seconded by Henry, moved that the rules be further suspended and the ordinance placed on third and final reading. Upon roll call 211.5 Q the motion passed unanimously, and McWethy read the ordinance for the third and final time. 211.6 Assistant Mayor Noland called for comments concerning this ordinance. There being no discussion, Assistant Mayor Noland asked if the ordinance should pass. Upon roll call the ordinance passed unanimously, with Director Henry absent upon roll call. ORDINANCE NO. 2733 APPEARS ON PAGE /O OF ORDINANCE & RESOLUTION BOOK X// . OTHER BUSINESS 211 211.1 211.2 211.3 1 PLANTERS ON DICKSON Director Frank Sharp asked City Manager Grimes who was responsible for maintaining the planters on Dickson Street. He stated that at the present time they are grown up in weeds. City Manager Grimes replied that the City would remove the weeds and try to work with the merchants on Dickson to keep these planters looking good. APPEAL SIGN DECISION City Manager Grimes stated that City Attorney Jim McCord was asking for authorization to appeal the decision of Judge Gibson in the case of City of Fayetteville vs. Joe Morris et. al. Director Lancaster, seconded by Bumpass, moved that authorization be given. Upon roll call the notion passed unanimously. EPA NOISE ORDINANCE ENFORCEMENT Assistant City Manager McWethy read a resolution authorizing the execution of an agreement for the City of Fayetteville to participate in a training session by the EPA for the enforcement of the noise ordinance. Director Osborne, seconded by Henry, moved that the authorization be granted. Upon roll call the motion passed unanimously. RESOLUTION NO. 64-81 APPEARS ON PAGE 314 L- OF ORDINANCE & RESOLUTION BOOK %) . 211.7 211.8 211.9 211.10 211.12 211.13 211.14 June 16, 1981 212 212 2 COUNTY SALES TAX Director Henry stated that she had been informed that there was an understanding made previously that if at any time a broad base sales tax was adopted, the business license tax and the last 1% utility franchise tax for residential and commercial uses would be dropped. She asked the Board if this was actually the commitment of the Board, and if it would be 212.3 honored if the sales tax passed on July 28th. After some discussion, Director Henry, seconded by Osborne, moved that if the County sales tax passed at the July 28th election, the business and occupation licenses added approximately five years ago, and the last 1% franchise tax 212.4 on residential and commercial utilities would be rescinded. Upon roll call the motion passed unanimously. CD HOUSE APPRAISAL 212.5 Assistant City Manager McWethy stated that the Community Development Department was requesting authorization to receive an appraisal on property located at 100 N. Willow to determine if it would be feasible to purchase the property, tear down the old house now standing, and put the land back on the market. 212.6 Director Osborne, seconded by Henry, moved that the authorization be granted. 212.7 Upon roll call the motion passed unanimously. LEWIS BROTHERS PLANTER 212.8 Assistant City Manager McWethy gave an update on the Lewis Brothers Planter project. 212.9 After discussion, it was decided that the city crews should construct ,he concrete boxes to line the tree wells, which were never built as the plans originally showed, and continue on with the remedial work. SPECIAL CENSUS 212.10 After a brief discussion, Director Osborne, seconded by Bumpass, moved 212 11 that the City request a special census to begin around September 1, of 1982. Upon roll call the motion passed unanimously. 2MINUTES 12 12 The minutes of the 6-2-81 meeting were approved as submitted. 212 13 ADJOURNMENT There being no further discussion, the meeting adjourned at 10:10 p.m. 1