HomeMy WebLinkAbout1981-12-16 Minutes122
MINUTES OF A BOARD OF DIRECTORS MEETING
A meeting of the Fayetteville City Board of Directors was held on
Monday,February 16, 1981, at 7:30 p.m. in the Board of Directors Room,
City Administration Building, Fayetteville, Arkansas.
PRESENT: Directors Sharp, Todd, Henry, Bumpass, Lancaster, Noland, Osborne;
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
CALL TO ORDER
Mayor Todd called for a moment of respectful silence and the meeting
was then called to order.
122.1 2 -HOUR PARKING ORDINANCE
City Attorney McCord read an ordinance specifying that parking in a
2 -hour zone is limited to two hours in any four-hour period.
122.2 Director Osborne, seconded by Sharp, 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.
122.3 Director Osborne, seconded by Henry, 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.
122.4 City Manager Grimes explained that under the present ordinance a car
cannot be ticketed if it has been moved from one space to another. He told
the Board that some are parking their cars for two hours and then moving
them to another space. The proposed ordinance would restrict parking in
2 -hour zones to nn longer than two consecutive hours during any four hour
period, except on Sundays or holidays.
122.5 Director Lancaster asked if the downtown merchants know that this is
happening, and a merchant in the audience answered, "yes."
122.6 Mr. John W. Cole, a merchant on the square, addressed the Board. He
stated it was obvious that office personnel around the square are moving their
cars to avoid receiving a ticket. He stated the merchants were doing the best
they could to keep their own people off the parking area on the square. Mr.
Cole told the Board that the downtown merchants would like to see this ordinance
passed.
122.7 A member of the audience asked City Manager Grimes how the existing
ordinance is enforced. He replied that there is a map of all the parking
spaces on the square. License numbers are plotted on the appropriate space.
If after two hours the same car is in the same space, a ticket is issued.
122.8 There being no further discussion from the Board or audience, the
Mayor asked if the ordinance should pass.
122.9 Upon roll call, the ordinance passed unanimously.
ORDINANCE NO. 2701 APPEARS ON PAGE 213 OF ORDINANCE & RESOLUTION BOOK X .
LIQUOR TAX
122.10 City Attorney McCord read an ordinance raising the Privilege Tax on
wholesale and retail liquor dealers from $350 to $500 per year for wholesalers,
and from $200 to $250 per year for retailers.
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Director Osborne, seconded by Henry, moved that the rules be suspended
and the ordinance placed on second reading. Upon roll call the motion passed �� 1
unanimously, and the City Attorney read the ordinance for the second time.
Director Osborne, seconded by Henry, moved that the rules be further 123.2
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. 123.3
Mayor Todd called for discussion from the audience and Mr. Bob Ashworth
addressed the Board. He stated that he felt this was unfair and unreasonable,
and that the liquor business is the only business that is "gouged twice" by
paying a privilege tax and then a tax on total volume.
City Attorney McCord pointed out that this ordinance was raising the 123.4
privilege tax of retail liquor dealers from $200 to $250 per year, and that this
is the only tax the City collects from the retail liquor dealers. He explained
that the City also receives a percentage of total beer sales.
O There being no further discussion from either the Board or the audience, 123.5
Q) the Mayor called for a vote on the ordinance.
Q) Upon roll call, the ordinance passed unanimously. 123.6
QORDINANCE NO. 2702 APPEARS ON PAGE 2 I5<OF ORDINANCE & RESOLUTION BOOK X .
Q BEER TAX AUDIT
City Attorney McCord read an ordinance establishing an auditing procedure 123.7
for the tax on selling beer.
Director Osborne, seconded by Henry, moved that the rules be suspended and 123.8
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 Henry, moved that the rules be further 123.9
suspended and that the ordinance be placed on third and final reading.
Upon roll call the motion passed unanimously, and the City Attorney read 123.10
the ordinance for the third time.
Director Lancaster asked the City Attorney if he had received any feedback 123.11
from the distributors, and the City Attorney replied that he had not.
Finance Director Scott Linebaugh pointed out this would not be new to 123.12
the distributors, and explained that the City of Springdale already has this
ordinance.
Director Noland stated that the persons who will pay this increase will 123.13
be the customers. He stated that 35% to 40% of the property that the City
supplies services to are tax exempt, and that his was just another feeble attempt
of the City Board to try to generate enough revenue to continue to pay firemen,
policement, street workers, and others a living wage.
There being no further discussion from the Board or audience, the Mayor 123.14
called for a vote on the ordinance which passed unanimously.
ORDINANCE NO. 2703 APPEARS ON PAGE2 75 OF ORDINANCE & RESOLUTION BOOK X
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SEWER ENGINEERING
Mayor Todd introduced a resolution authorizing the execution of a 123.15
preliminary engineering agreement with the Arkansas Highway & Transportation
Department, regarding the engineering of sewer facility relocations along
Highway 71 hetween Johnson Road and Highway 112.
Mayor Todd asked the City Manager if this cost was reimbursable and 123.16
was informed by Mr. Grimes that it was 100% reimbursable.
Director Henry, seconded by Noland, moved that the resolution be approved. 123.17
Upon roll call the resolution passed unanimously. 123.18
RESOLUTION NO. 18-81 APPEARS ON PAGE _i"1 9 OF ORDINANCE & RESOLUTION BOOK >0 .
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124
CONDEMNATION AUTHORIZATION/CITY HALL
124.1 City Attorney McCord stated that he had been in contact with the attorney
representing the Masonic Lodge, who owns part of the third floor of the City
Administration Building. McCord informed the Board that the Masons had turned
down the City's proposed purchase price for their part of the third floor.
124.2 Mayor Todd introduced a resolution authorizing the initiation of
condemnation proceedings regarding the acquisition of title to this portion
of City Hall.
124.3 Director Osborne, seconded by Lancaster, moved that the resolution be
approved.
124.4 Upon roll call, the motion passed unanimously.
RESOLUTION 19-81 APPEARS ON PAGWW OF ORDINANCE & RESOLUTION BOOK )( ` .
ANNEXATION RECOMMENDATIONS
124.5 Mayor Todd introduced a recommendation from the Planning Commission
for annexation of certain areas. The annexation could go to referendum
on March 24 if the Board approved the recommendation. City Attorney McCord
explained the annexation would have to be approved by the majority of those
persons voting cn the annexation.
124.6 City Attorney McCord explained to the Board and audience that there are
certain criteria which must be met before property could be annexed. The
property must be contiguous to the municipality, and one of the following
must
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be met:
1. The property proposed for annexation must be platted and held for
sale or use as municipal lots,
2. Whether platted or not, if the lands are held to be sold as suburban
property,
3. When the lands furnish the abode for a densely settled community
or represent the actual growth of the municipality beyond its
legal boundry,
4. When the lands are needed for any proper municipal purposes such
as for the extension of needed police regulation, or
5. When they are valuable by reason of their adaptability for perspective
municipal uses.
McCord stated that property which could not be annexed would be property
which hasa fair market value at the time of the adoption of the ordinance of
lands used only for agriculture or horticulture purposes and which the highest
and best use of is for agriculture or horticultural purposes.
Director Noland asked what the minimum length of time of notification for
the election was. McCord answered that the election commission had advised the
City they required a minimum of 30 days notice.
Director Noland suggested that the Board not take final action on the
annexation at the present time, but that the item be tabled to give the persons
living in the proposed areas time to consider the possibility.
The Board agreed to hear discussion, but not take final action until a
later date.
Mayor Todd called for discussion from the audience.
Mr. David Henson, Highway 45 East, addressed the Board. He stated that
he did not want to be annexed into the City of Fayetteville. He told the Board
he would go to court if necessary to avoid being annexed into the City.
Mr. Charles Wuest, Highway 45 East, addressed the Board. He stated he
was not personally opposed to the annexation proposed provided the City will
provide services that are required.
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Mr. 'Wuest stated the City should not annex property just to obtain 125
additional revenue if services could not be provided. 125.1
Director Noland told Mr. Wuest that it will cost the City more to provide 125.2
the required services than revenue generated from taxes.
Mr. Wuest told the Board that if the property was annexed, he felt like tha125.3
area should have representation on the City Board. Mayor Todd explained to Mr.
Wuest that the members of the Board are elected city-wide. 125.4
Mr. Brown addressed the Board and told them that he, his brother, and father
own a farm across from Mr. Henson. He told the Board that it would be no
advantage to them to be annexed and that it would not be an advantage to the
City because the property was a farm.
Mr. Richard Meyer asked the Board if each of the proposed seven areas 125.5
would be considered separately if and when it went before the people for a
vote, or would it all be handled collectively.
Q City Attorney McCord told Mr. Meyer that would be an option the City 125.6
Board would have, but that it would be possible for all to be considered on
a separate basis.
Mr. Lenoard Linstead addressed the Board. He asked Mayor Todd why the 125.7
City would consider annexing the property if it wasn't going to be a money -
Q making project and would become a liability. 125 8
Mayor Todd explained that the Board looks to the Planning Commission for
a recommendation on this from the standpoint of orderly growth. He stated
that it was recognized that the area is growing, and that the City's
authority for planning that growth stops at the City boundries. He told the
audience that the growth which would take place might be considered
undesirable both by the City and the residents of the area, and that this is
a step toward controlling that expected growth.
125.9
Mr. Wuest pointed out that the City has a five mile planning radius
outside the City limits. 125.10
McCord stated that the City does have extraterritorial jurisdiction
to regulate the subdivision of land in that plat approval can be required from
the Planning.Commission. However, he stated the zoning ordinance cannot
legally apply beyond the corporate limits. Thus, he pointed out the City has
some control over the development of subdivision but no control over the type
use of the land. 125.11
Mr. Kenny Sexton addressed the Bnard and stated that he lives in the
Clear Creek Subdivision. He stated that the subdivision is completely
developed, has a Springdale address, Springdale telephones, and Springdale
water lines. He stated he saw no advantage for him to be taken into the
City of Fayetteville. 125.12
City Manager Grimes told Mr. Sexton that Clear Creek Subdivision is in
Springdale's designated growth area and that he had not been able to contact
Mayor McKinney yet. However, he said that there were some questions to be
resolved concerning this particular area. 125.13
City Manager Grimes told the audience that the increase in taxes would
be approximately 12 to 12.5% and that the fire insurance decrease would much
more than offset that. 12F 14
Mr. Meyer asked if an individual would be allowed a certain amount of time
to connect to city water if the property was annexed. 125.15
City Manager Grimes answered that there was no time limit for connecting
to the water, but that there is a time limit for connecting to the sewer if
a residence is within 200 feet of the sewer line. 125.16
Mr. Gary Renegar addressed the Board. He stated that he understood
that the Washington County Planning Commission has jurisdiction on splitting
the property county wide proposed in the city growth area. He asked if any
consideration had been given to the County coming up with zoning restrictions
to include the growth area.
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1 26 City Manager Grimes answered that it was a possibility to go to the County
126.1 and ask them to zone a strip along Highway 45 East for protection. He stated
that Highway 45 East is one of the few remaining attractive approaches into
Fayetteville.
126.2 Director Osborne informed the audience that they should contact Mr.
Bud Allen at the Washington County Courthouse.
126.3 Mr. Ron Sherwood addressed the Board. He stated he felt the Board was
making an attempt to help the residents in the long run. He suggested that
perhaps a committee be appointed to meet with the County.
126.4 Mayor Todd explained that Ernest Jacks had been representing the City
in this endeavor with the County, and that he would see him the next day and
talk with him about the matter.
126.5 Director Bumpass told the audience that the City would be trying to protect
the area if it was annexed. He stated that the residents were operating
on "good faith," but that if therehappened to be an estate sale someone could
slip in and build something that might not be desirable and would not fit the
character of the neighborhood.
126.6 Director Noland asked that if a person had five acres used for agriculture,
would it not remain for agriculture until a rezoning was requested by the
property owner.
126.7 City Attorney McCord stated the property would come in as A-1 when the
property was annexed. He stated that if the City did initiate rezoning, the
property owner would have the right to continue the existing use by becoming
a nonconforming use.
126.8 Mr. Jim McGuire asked why 660 feet from the center line of the highway
was decided upon. He stated that one-fourth of a mile would seem more realistic
than one-eighth mile.
126.9 Mr. Renegar asked if the purpose of the Board would be served if the
County would put commercial zoning restrictions on Highway 45 out to the
limits of the growth area.
126.10 City Manager Grimes answered that probably zones should be specified such
as single-family residential, agriculture, etc.
126.11 There being no further discussion, Mayor Todd informed the audience
that this would be considered at the next board meeting on March 3, 1981.
!TILITY RELOCATION
126.12 Mayor Todd introduced a resolution expressing support of a legislative
bill reinstating the common law rule that utilities must bear their own
relocation costs when such relocation is made necessary by public improvements
such as street widening.
126.13 Mr. Grimes suggested that the resolution be amended by adding the phrase,
"except in those cases where state or federal project funds are available to
affect the relocation" after the word necessity at the end of the resolution.
126.14 After some discussion, it was decided that section 1 of the bill should
be amended by adding "located on public right-of-way" after the third line.
126.15 Director Osborne, seconded by Noland, moved that the resolution be
approved as amended. Upon roll call the motion passed unanimously.
RESOLUTION N0. 20-81 APPEARS ON PAGE \q a OF ORDINANCE & RESOLUTION BOOK x .
PARKING IMPROVEMENTS/CEC
126.16 Mayor Todd introduced a resolution authorizing the execution of an agreement
with Hailey, Powers, Froning for parking facilities design work.
126.17 Mr. Grimes explained that the soil borings had already been completed
on the site, and that there was a verbal commitment made to go with Hailey,
Powers, Froning for the design of the parking facility.
126.18 Director Osborne, seconded by Sharp, moved that the resolution be approved.
Upon roll call, the motion passed unanimously.
RESOLUTION NO. 21-81 APPEARS ON PAGEj9 3 OF ORDINANCE & RESOLUTION BOOK X [ .
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EASEMENT REDUCTION/REGENCY NORTH 127127.1
127.1
City Attorney McCord read an ordinance reducing by 3.5' a 20' waterline
easement in Regency North Subdivision.
127.2
Director Henry, 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. 22
Director Henry, seconded by Noland, moved that the rules be further suspend 137.3
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 and
final time. 127.4
Mr. Wade Bishop addressed the Board and told them that there had been
a mistake made by the engineers who checked this for him, and that this
reduction of easement was needed for the proposed construction. 127.5
Mayor Todd asked if the ordinance should pass. Upon roll call, the
O ordinance passed unanimously.
CDORDINANCE NO. 2704 APPEARS ON PAGE2751OF ORDINANCE & RESOLUTION BOOK X
BID AWARD #446/PICKUPS 127.6
Purchasing Agent Struman Mackey recommended that the City award bid #446
to Jim Ray Chevrolet for two one-half small pickups, one for T & D Water
and Sewer and one for Community Development at a price of $6,786.83 each,
and for two three-quarter ton trucks, one for T & D Water and Sewer and the
other for Meter Reading Division. The truck for T & D was $9,717.70 and
the one for Meter Reading was $11,359.70 with an electronic hoist installed.
After some discussion among the Board it was felt that the two small 127.7
pickups could possibly be purchased for a less amount. Purchasing Agent
Mackey stated there would be no probelm with putting those off for two weeks.
However, he stated the two larger trucks were needed now.
127.8
Director Henry, seconded by Noland, moved that the bid be awarded on
the two three-quarter ton trucks and the bid on the two smaller pickups be
postponed. 1P7.9
Upon roll call, the motion passed unanimously.
BID AWARD/SOLID STATE TRAFFIC CONTROLLER
City Attorney McCord read an ordinance waiving the requirements of competitive
bidding for the purchase of one automatic 218 NEMA solid state traffic 127.10
controller. 127,11
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, and the City Attorney read the ordinance for the second time}27 12
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 the City Attorney read the ordinance
for the third and final time. 127.13
Upon roll call, the ordinance passed unanimously.
ORDINANCE NO. 2705 APPEARS ON PAGE Da/ OF ORDINANCE & RESOLUTION BOOK X/ .
SOLID STATE TRAFFIC CONTROLLER
Director Osborne, seconded by Henry, moved that a resolution be approved
authorizing the purrhase of a solid state traffic controller for $3,450.
Upon roll call the motion passed unanimously.
RESOLUTION NO. 22-81 APPEARS ON PAGE ci OL&F ORDINANCE & RESOLUTION BOOK 1 .
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OTHER BUSINESS
ACT 9 BOND ISSUE/TRUCKING WAREHOUSE
128.1 Mayor Todd introduced a resolution authorizing a memorandum of intent
with Truck World Associates.
128.2 Mr. Ralph Jones, Jr. addressed the Board and presented a map of the
proposed construction on Highway 71 South. This would be a truck service
center with drive through bays. He explained that the project would be built
in two phases. He explained the service center to the Board. The first phase
would include a fuel distribution service center, a restaurant, and a
warehouse. The cost of phase one would be approximately three million dollars.
128.3 Director Noland asked how many people this would employ and Mr. Jones
answered that at the present time he could not accurately predict that
information.
128.4 City Attorney McCord stated that Truck World Associates would want to
own their own land and facilities. Under the loand agreement the property
would not become tax exempt, so there would be no payemnt in lieu of taxes.
128.5 After further discussion, Director Osborne, seconded by Noland, moved
that a resolution be approved authorizing the execution of a memorandum of
intent between the City and Truck World Associates. Upon roll call the motion
passed unanimously.
RESOLUTION NO. 23-81 APPEARS ON PAGE n17OF ORDINANCE & RESOLUTION BOOK X) .
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AIRPORT COMMITTEE RECOMMENDATIONS
128.6 City Attorney McCord read an ordinance imposing a one cent per gallon
fuel flowage fee upon all aircraft and automotive fuel delivered to Drake
Field by petroleum product distributors. Director Osborne, seconded by
Noland, moved that the rules be suspended and the ordinance placed on
second reading. The motion passed and the City Attorney read the ordinance again.
128.7 Director Osborne, seconded by Henry, 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.
128.8 The Mayor called for a vote on the ordinance, which passed unanimously.
ORDINANCE NO. 2706 APPEARS ON PAGE 00L OF ORDINANCE & RESOLUTION BOOK X)
PENALTY FOR LATE PAYMENT/AIRPORT
128.9 After further discussion, Director Osborne, seconded by Henry, moved
that in all future contracts a 10% penalty for late payment of fees and
rentals be set forth.
128.10 Director Osborne asked what the difference would be in being a few days
late and a few months late if the penalty was going to be the same.
128.11 City Attorney McCord answered that if payment was not made on time,
that would be a breach of contract, and the contract could be renegotiated
and the 10% penalty added into the contract.
128.12 Upon roll call, the resolution passed.
RESOLUTION NO. 24-81 APPEARS ON PAGE a LS OF ORDINANCE & RESOLUTION BOOK X1
ROYAL AMERICAN FUEL FARM AUTHORIZATION
128.13 After discussion, Director Osborne, seconded by Henry, moved that the
airport manager and the administration be authorized to negotiate with
Royal American Airlines and bring their proposal back to the Board for final
action
128.14 Mr. Grimes stated that if the new standards for commercial aeronautical
activities were adopted, that the City had proposed to let anyone bid for the old
terminal building, whether it be Skyways or Royal American. They either would
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show they were going to build another fuel farm for the FBO, or work out
arrangements to flow their fuel through one of the existing farms.
Mayor Todd asked if there was room for a third fuel farm at Drake Field,
and the City Manager answered that there was.
Upon roll call, the motion to authorize negotiations passed unanimously.
LANDSCAPING AIRPORT
Director Osborne, seconded by Noland, moved that the advertising of bids
for landscaping the airport be authorized.
Upon roll call, the motion passed unanimously.
The airport manager explained that the bids would be taken on the plants
and the installation.
MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITIES
Director Lancaster stated that the airport committee had gone through
these standards and made some changes in the wording He stated the committee
recommended they be adopted and could be amended later on if found necessary.
After some discussion, it was decided that the requirement of one hour
notice for aircraft charter and taxi service would be hard to enforce. Thus,
the one hour's notice was changed to three hour's notice.
After further discussion, Director Henry, seconded by Lancaster, moved
that the minimum performance standards for commercial aeronautical activities
be adopted as amended. The motion passed unanimously.
RESOLUTION N0. 25-81 APPEARS ON PAGEQIL OF ORDINANCE & RESOLUTION BOOK )(( .
TAXI SERVICE
Mr. Richard Mills, Director of Ozark Transit, addressed the Board and
stated that Ozark Transit was looking into the possibility of a taxi franchise
but that more details would be disclosed at a later meeting.
POLICE DOGS
Chief Jones was present and asked the Board for permission to send one
police officer to Tulsa for a training session with police dogs. Two dogs
would be trained and only one would be used. Thecnly cost to the City would
be for room and board for the officer in Tulsa for a period of 15 weeks.
After some discussion, Director Osborne, seconded by Bumpass, moved
that the City Manager and Police Chief be authorized to proceed with making
arrangements for Fayetteville to train a policeman with a police dog.
Upon roll call the motion passed unanimously.
REPLANT TREES ON NORTH COLLEGE AVENUE
City Manager Grimes requested authorization to replant trees on North
College Avenue. He stated the City would get ready to be at the planting
stage, and funds would be requested at the approval of the revenue sharing
budget at the next meeting.
MINUTES
Mayor Todd asked that the minutes of the 2-2-81 meeting be corrected to
read as following in paragraph 121.10:
"Director Osborne, seconded by Bumpass, moved that the March 17th Board
meeting be changed to March 24th. Upon roll call the motion passed unanimously
ADJOURNMENT
There being no further discussion, the meeting adjourned at 12:05 a.m.
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