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HomeMy WebLinkAbout1983-06-21 Minutes1 MINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Board of Directors of the City of Fayetteville was held at 7:30 p.m. on June 21, 1983, in Room 107 of the Continuing Education Building, Fayetteville, Arkansas. PRESENT: Mayor Noland; Directors.Johnson,Lancaster, Osborne, Orton, Sharp,and Bumpass; Assistant City Manager McWethy, City Attorney McCord, Acting City Clerk Rowe; members of the press and audience. ABSENT: City Manager Grimes CALL TO ORDER Mayor Noland called the meeting to order and asked for a moment of respectful silence. FIRE ORDINANCE Mayor Noland introduced for further consideration an ordi- nance imposing fire protection standards on residential property; or alternatively, the initiation of a public information program designed to accomplish the same life safety goals. Mayor Noland stated that this program had been worked for some time by landlord and tenant representatives, as well as city directors and firemen. Director Sharp made a motion that the firm of Blackwood and Martin be engaged to assist the City Manager (or his designee), when Fire Chief and the Police and Fire Committee of the City Board of Directors, at a level and price determined by this group and approved by this Board, in developing a public education program for all residents of the City of Fayetteville, living in either rental or owner occupied dwellings, to help prevent the loss of lives and property due to fire. Implementation of this program (including voluntary inspection of dwellings) shall be under the direction of the City Manager, the Fire Chief, and the Police and Fire Committee of this Board. Mr. Joe Martin of Blackwood and Martin addressed the Board and gave a presentation of the type of campaign that his firm would use in promoting fire prevention. He presented the Board with a written proposal. He stated that there would be televi- sion, radio, and newspaper ads, brochures, pencils, balloons, coloring books, and bumper stickers. 67 67.1 67.2 67.3 68 68.1 Director Orton stated that she was concerned that this proposal would put too much emphasis on fire detectors rather than a fire prevention program. Mr. Martin stated that both aspects would be taken into consideration and used in this particular campaign. 68.2 A member of the audience, representing Mr. Jerry Sweetser, stated that Mr. Sweetser was unable to attend the meeting, but he did want the Board to know that he was in agreement with this proposal. 68.3 Director Osborne seconded Director Sharp's motion. Upon roll call the motion passed unanimously. Mayor Noland expressed his appreciation to the tenent and landlord represen- tatives and the city officials and firemen who had devoted many hours toward deriving this fire safety program. REZONE/ROBERT H. CROUCH FOR PROPERTY LOCATED NORTH OF DRAKE ROAD 68.4 Mayor Noland introduced an ordinance rezoning property as requested in rezoning petition R83-7 by Mr. Robert H. Crouch for 7.26 acres located at the southeast corner of Highways 112 and 71 North, north of Drake Road. The request is from A-1 "agricultural" to C-2 "thoroughfare commercial". This was approved by the Planning Commission by a unanimous decision. 68.5 City Attorney McCord read the ordinance for the first time. Director Osborne, seconded by Bumpass, made a motion to suspend the rules and place the ordinance 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 Bumpass, made a motion to further suspend the rules and place the ordinance on third and final reading. Upon roll call the motion passed unanimously, and the City Attorney read the ordinance for the final time. There being no further discussion, upon roll call the ordinance passed unanimously. ORDINANCE NO. ,29 '7 APPEARS ON PAGE 35 OF ORDINANCE & RESOLUTION BOOK XIV REZONE/M.A.P. GROUP PROPERTY ON WEST SIDE OF HIGHWAY 71 68.6 Mayor Noland introduced for discussion a rezoning petition by the M.A.P. Group for approximately 6 acres on the west side of Highway 71, north of Sycamore Street. This was recommended by the Planning Commission by a vote of 5 to 2. This request is to rezone the property from R-2 "medium density residential" to I-1 "heavy commercial and light industrial". 68.7 City Attorney McCord read the ordinance for the first time. Director Osborne, seconded by Johnson, made a motion to suspend 1 the rules and place the ordinance on second reading. Upon roll call the motion passed by a vote of 7 to 0, and the City Attorney read the ordinance for the second time. Director Osborne, seconded by Orton, made a motion to further suspend the rules and place the ordinance on third and final reading. Upon roll call the motion passed unanimously, and the City Attorney read the ordinance for the final time. Upon roll call the ordinance passed by a vote of 7 to 0. '^ ORDINANCE NO. ;OAST APPEARS ON PAGE ,38 OF ORDINANCE & u) RESOLUTION BOOK XIV O SIGN VARIANCE/2417 N. COLLEGE AVE./BY JAMES BENNETT Mayor Noland introduced for consideration by the Board an Q appeal from the sign ordinance by Mr. and Mrs. James Bennett. Permission is being requested to place the sign at a point with either: a 40' setback from North College Avenue and a 25' setback from the west property line; or a 30' setback from College and a 35' setback from the west property line. 1 Director Sharp stated that the sign ordinance could not be met with this particular piece of property because the lot was too small. John Dietzen, sign inspector, explained how the piece of property was located in conjunction to College Avenue and stated that this particular variance request would be feasible. Director Johnson, seconded by Bumpass, made a motion to approve the 60 square foot joint sign to be placed at a 40' set- back from North College Avenue and a 25' setback from the west property line. 69 69.1 69.2 69.3 Upon roll call the motion passed unanimously. 69.4 UTILITY RELOCATION/WITH ARKANSAS WESTERN GAS CO. FOR GREGG AVENUE Mayor Noland introduced a resolution authorizing the Mayor and City Clerk to execute a utility relocation agreement with Arkansas Western gas Company for the relocation of certain gas lines along Gregg Avenue The city's cost for this work is $17,678.12. Director Osborne, seconded by Johnson, made a motion to approve this contract with Arkansas Western Gas. Upon roll call the motion passed unanimously. RESOLUTION N0.'f3- APPEARS ON PAGE OF ORDINANCE & RESOLUTION BOOK 69.5 69.6 70 RIGHT-OF-WAY CONDEMNATION/GREGG AVENUE 70.1 Mayor Noland introduced a resolution authorizing the ini- tiation of condemnation proceedings in connection with the acquisition of street right-of-way for the Gregg Avenue widening project. 70.2 Director Bumpass, seconded by Lancaster, made a motion to approve the right-of-way condemnation for the Gregg Avenue pro- ject. Upon roll call, the motion passed unanimously. RESOLUTION NO. `%/,I-43 APPEARS ON PAGE OF ORDINANCE & RESOLUTION BOOK FLOORING BID FOR SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE 70.3 Mayor Noland introduced an award of a bid for the purchase of vinyl flooring for the city -owned Shelter for Victims of Domestic Violence, under the 1982 Community Development Block Grant Program. 70.4 Director Johnson, seconded by Sharp, made a motion to award the contract to the low bidder of Carpet Land in the amount of $2,377.24. Upon roll call the motion passed by a vote of 6 to 0, with Director Bumpass absent at roll call. BID WAIVER FOR POLLUTION CONTROL PLANT 70.5 Mayor Noland introduced an ordinance waiving competitive bidding requirements and the award of a price quote for the purchase of certain test chemicals for the Pollution Control Plant. 70.6 City Attorney McCord read the ordinance for the first time. Director Osborne, seconded by Johnson, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call the motion passed by a vote of 6 to 0, with Director Bumpass absent at roll call. City Attorney McCord read the ordinance for the second time. Director Osborne, seconded by Orton, made a motion to further suspend the rules and place the ordinance on third and final reading. Upon roll call the motion passed by a vote of 6 to 0, with Director Bumpass absent at roll call, and the City Attorney read the ordinance for the final time. Upon roll call the ordinance passed by a vote of 6 to 0, with Director Bumpass absent at roll call. ORDINANCE NO. 929 APPEARS ON PAGE 4,2 OF ORDINANCE & RESOLUTION BOOK )1(1 1 1 1 1 AIR CHARTER/NORTHWEST AIR, INC. Mayor Noland introduced a resolution authorizing the Mayor and the City Clerk to execute a contract with Northwest Air, Inc., for air charter service. Director Sharp pointed out that the service would be "non-exclusive" service for the Fayetteville Airport. Director Osborne, seconded award the contract to Northwest motion passed by a vote of 6 to at roll call. by Lancaster, made a motion to Air, Inc. Upon roll call the 0, with Director Bumpass absent RESOLUTION NO.g5 g3APPEARS ON PAGE OF ORDINANCE & RESOLUTION BOOK AIRPORT ENGINEERING/MCCLELLAND ENGINEERING Mayor Noland introduced a resolution authorizing the Mayor and City Clerk to execute a contract with McClelland Consulting Engineers for preparation of plans and specifications and construction management of certain airport improvements. Director Osborne, seconded by Lancaster, made a motion to award the contract to McClelland Engineering. Upon roll call the motion passed by a vote of 6 to 0, with Director Bumpass absent at roll call. RESOLUTION NO. 76-83 APPEARS ON PAGE /4099. OF ORDINANCE & RESOLUTION BOOK X,1)// AIRPORT BUDGET ADJUSTMENT FOR WATER AND SEWER LINE INSTALLATION Mayor Noland introduced a request for approval of an airport budget adjustment of $9,955.30 for the installation of water and sewer lines to serve proposed T -hangars on the east side of Drake Field. Director Lancaster stated the adjustment was needed so that the water and sewer lines could be installed before the area is surfaced. Director Osborne, seconded by Johnson, made a motion to approve the budget adjustment. Upon roll call, the motion passed by a vote of 6 to 0, with Director Bumpass absent at roll call. RESOLUTION NO.77-43APPEARS ON PAGE OF ORDINANCE & RESOLUTION BOOK 71 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 72 AIR SHOW FUNDING REQUEST 72.1 Mayor Noland introduced a recommendation from the Airport Committee that the City split the cost of underwriting the "Air Show'83" with the Advertising and Promotion Commission. 72.2 Airport Manager Ede Hogue stated that a profit was antici- pated this year if the weather cooperated with the show. Director Johnson stated that approximately 25 airplanes were expected to participate in this year's show. 72.3 Director Osborne, seconded by Johnson, made a motion to approve the funding request. Upon roll call the motion passed unanimously. BUDGET ADJUSTMENTS 72.4 Director Osborne stated that Board approval was needed for several budget adjustments as well as approval for increased hours for the part-time chemist at the pollution control plant. The change in hours for the chemist is from 4 to 26 hours per week. The following are a list of the budget adjustments that need to be approved: (1) The General Fund's Building and Grounds Maintenance account for the purchase of equipment for the work release program - $ 1,200.00; (2) the General Fund's Capital Vehicle and Equipment account for the purchase of equipment for the work release program - $1,300.00; (3) the Fire Department's Building and Grounds Maintenance account for the purchase of replacement door openers at three fire stations - $ 2,530.00; (4) the Airport Operations Maintenance's lease expense account for leasing lawn mower equipment - $ 1,500.00; (5) Airport's Capital Miscellaneous account for boundary monuments - $1,620.00; (6) Airport's Capital Building Cost account for sewer system at the Airport rental house - $ 3,960.00; (7) Airport's Capital Building Cost for water and sewer service for east side taxiway - $9,960.00; (8) Parks and Recreation's Capital Miscellaneous account for improved lighting at the Industrial Park Ballfield 112 - $10,010.00. The request by the Police and Fire Departments for the purchase of a flat -bottom boat and motor for emergency ser- vices was not recommended for this year's budget. 72.5 Director Osborne, seconded by Johnson, made a motion to approve all of the adjustments, including pages 37-41 of the Financial Statements dated 1/31/83. Upon roll call, the motion passed unanimously ORDINANCE NO. 78-83 APPEARS ON PAGE p/5_ OF ORDINANCE & RESOLUTION BOOK nil' SALARY SURVEY 72.6 Director Osborne stated that Board direction was needed on how the staff should proceed on the 1984 salary increase process. He suggested that for unclassified employees, the 1983 survey be used based only on specified cities, those most similar to Fayetteville's demographics. For classified employees, the 1981 survey could be utilized. The raises would be across-the- board in addition to a catch-up raise for those most underpaid according to the surveys. The suggested cities are as follows: Bartlesville, OK; Baytown, TX; Cape Girardeau, MO; College Station, TX; Edmond, OK; Enid, OK; Fort Smith, AR; Hutchinson, KS; Johnson City, TN; Lawrence, KS; Leavenworth, KS; Manhattan, KS; and Shawnee, KS. Director Johnson, seconded by Lancaster, made a motion to drop from the list Baytown, TX; Enid, OK; and Lawrence, KS; and add to 10 the list Texarkana, AR. Upon roll call the motion passed unanimously. ODirector Bumpass suggested not using the surveys. He pre- ferred taking recommendations from the city administration for raises. He felt the survey cities were too different from Q the Fayetteville situation to be able to use the survey accurately. Q Director Osborne stated that if the survey results were not in keeping with the City of Fayetteville pay schedule, the survey would not have to be relied upon for salary increases This has been done in the past. Assistant City Manager McWethy stated that the selected cities in the survey were similar to Fayetteville in that they had city manager types of government and were near the same population size. After general board discussion on this issue, Director Osborne, seconded by Johnson, made a motion to use the salary surveys as stated above to base salary increases. Upon roll call the motion passed unanimously. MUD CREEK BRIDGE FUNDING REQUEST 73 73.1 73.2 73.3 73.4 73.5 Mayor Noland stated the Highway Department was proceeding 73.6 with their work on the Mud Creek Bridge on Old Missouri Road. The City's share of this cost is $5,000.00, and he is requesting that this funding be sent to the Highway Department. Mayor Noland, seconded by Osborne, made a motion to approve this funding. Upon roll call the motion passed unanimously. TRUMBO PROPERTY ACCESS ISSUE City Attorney McCord stated that he needed Board direction 73.7 on how to proceed with the access issue regarding the Trumbo property. He stated that the City could either accept the consent decree allowing ingress only into the property or defend the case on its merits. If the consent decree is accepted, no precedent regarding the City's authority to grant or decline access would be set. Director Osborne, seconded by Johnson, made a motion to 73.8 accept the consent decree. 74 74.1 Mr. McCord Stated that the property owner had already agreed to ingress access only. Egress access would not he granted. 74.2 Mayor Noland stated that he would prefer the City litigate this case so that city authority regarding granting access could be determined. 74.3 Director Lancaster stated that he would like for the Board to pass a resolution and forward it to the Arkansas Highway Department regarding access points on controlled areas. 74.4 Mayor Noland asked if there had been no contract, would the City have allowed the access point to be granted at this time. He stated that the City Board had not addressed this question. 74.5 Director Bumpass stated that if the access was closed by ordinance, then this interest in the property might require com- pensation. He suggested that the City enter into a bill of assurance with the property owner limiting access. 74.6 Director Sharp stated that Mr. Trumbo had received a letter from the Highway Department granting access if the City allowed access. He suggested that the City admit the contract was in error and then let the Highway Department proceed with granting or not granting the access point. 74.7 City Attorney McCord stated that if this was done, the Highway Department might grant access that the City did not want. At this time, the City would have to litigate the case so that City authority could be determined. 74.8 Upon roll call the motion to accept the consent decree failed by a vote of 3 to 4, with Directors Lancaster, Orton, Sharp, and Noland voting against the motion. 74.9 Director Bumpass requested that the City Attorney research closing access points. 74.10 City Attorney McCord recommended that the Board take no for- mal action at this time on this issue. 74.11 MCILROY BANK SIGN CASE City Attorney McCord stated that the Supreme Court had reversed the Chancery Court's decision holding the city's amor- tization requirement unconstitutional. The remaining issue is whether the City or the sign owners had to pay for the cost of removal. Judge Butt handed down an opinion holding the City had to bear the cost of removing the signs. This order can be appealed if the Board so desires. He stated that he felt the cost of the appeal would be less than the cost of removing the signs because the full record is already before the Supreme Court. 1 1 1 1 Director Johnson, seconded by Sharp, made a motion to appeal this case to the Arkansas Supreme Court. Upon a roll call the motion passed by a vote of 5 to 2, with Directors Osborne and Bumpass voting in the minority. FIREWORKS STAND 75 75.1 Assistant City Manager McWethy stated that during the Board 75.2 tour, a fireworks stand was sighted that was originally thought to be on City property. However, it was determined that it was on 10 property that was outside the city limits because it was univer- sity property. However, the Highway Department acquired the O property from the University when it was doing road work. The Highway Department then sold the property to the adjoining land- owner. The property in question is less than an acre. Q Mayor Noland asked if this could be put on the next agenda 75.3 1 for annexation. City Attorney McCord stated that if the property is an iso- lated parcel surrounded on all sides by city property, he felt the property could be annexed without a vote of the people. 75.4 The Board requested that Mr. McCord determine the city's 75.5 authority regarding annexation. PURCHASE OF BLUE BUILDING Mr. McWethy stated that at the request of Director Osborne, he is asking for Board authorization for the Mayor and City Clerk to execute the lease/purchase agreement for the purchase of the Blue Building. The Traffic and Building Maintenance Departments are currently in the building. There is an agreement with Fulbright Investment to purchase the building for $80,000, and this building will be needed for storage and the Traffic Department even after City Hall is renovated. 75.6 Director Sharp' requested that this be placed on the next 75.7 agenda. There was Board approval of this request. BILL OF ASSURANCE/HEAD START IMPROVEMENTS Assistant City Manager McWethy stated that authorization is needed for the City to enter into a bill of assurance with the City for the installation of street improvements at the Head Start site. Director Johnson, seconded by Orton, made a motion to accept the bill of assurance. Upon roll call the motion passed by a vote of 6 to 1, with Director Osborne voting in the minority. 75.8 75.9 MINUTES 76.1 The Board had the following changes in the minutes of the June 7, 1983, meeting: (1) At 63.2, the letter was to be sent to both Senator Pryor and Bumpers; (2) 58.7 - The last sentence should read, "The lot size requirement if challenged in the court could be upheld if it were determined to provide additional pro- tection to the public health, safety, and welfare."; (3) 61.5 - The wording should be "bidding requirements may be done when the requirements are not practical." (4) 62.5 - "CB" should be "Seabee"; (5) 63.7 - The name should be "Hal" rather than "Hall"; (6) 61.2 - The amount for the sewer rehab system should be $ 198,428.60; (7) 57.5 - The name should be "Reynolds" rather than "Reynods". With these corrections, the minutes were approved. ADJOURNMENT 76.2 There being no further discussion, the meeting adjourned at 8:55 p.m. 1 1 1