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HomeMy WebLinkAbout1983-09-06 MinutesI 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 September 6, 1983, in Room 107, Continuing Education Center, Fayetteville, Arkansas. PRESENT: Mayor Noland; Directors Sharp, Johnson, Lancaster, Orton, Bumpass, Osborne; City Manager Grimes; Assistant City Manager McWethy; City Attorney McCord; ID City Clerk Griffin; members of the press and audience. OCALL TO ORDER 7 Mayor Noland called the meeting to order and asked for a moment Q of respectful silence. Q EMPLOYEE OF THE MONTH AWARDS Mayor Noland presented each of the three employees of the month-- 137.1 Dennis Brady, Street Department; Dianna Cobb, Finance Department; and Howard Jordan, Building Maintenance Department, with a certificate and a check for $150 and noted the comments made about the outstanding performance of the three employees by their supervisors. LOT SPLIT REQUEST/PETITIONER - PERRY & VERNAL CRAWFORD Mayor Noland introduced for consideration a request for authorization 137.2 for a fourth subdivision of property, by Perry and Vernal Crawford, noting that the lot is located on the North side of Joyce Street, West of Highway 265 North. He explained that the petitioner is proposing to split off a 6.3 -acre parcel from a tract which has already been subdivided three times, and only the City Board can approve a fourth or subsequent lot split. Director Orton asked what was the intent of the Ordinance that allows 137.3 the Planning Office to administratively approve up to three lot splits, requiring a fourth or subsequent lot split to be brought to the Board for action. She inquired if it was really intended for smaller plots of land rather than these larger acreages, noting that at some point, the petitioner must submit plans for a large scale development. Mayor Noland responded that he did not know what the magic number was 137.4 with respect to acreage, but he did think it was the intent of the Ordinance that this apply to smaller lots, i.e., an acre or acre and one- half. 1 1 137 Director Johnson moved that the lot split be approved; Director 137.5 Osborne seconded the motion. Mayor Noland asked if there was further discussion. A member of the audience asked if anyone knew the intent of the lot split, and what the zoning was for the parcel. Mayor Noland stated that he did not have this information. After checking the Fayetteville map, City Manager Grimes stated that it appeared that one of the parcels was zoned R-1, while the rest were zoned A-1. 137.6 138 9-6-83 There being no further discussion, the roll was called, the vote was 7-0 in favor of granting the lot split, and the Mayor declared the motion passed. NAVAL RESERVE PARKING LOT EXPANSION Mayor Noland introduced a resolution authorizing the Mayor and City Clerk to execute a Joint Use Agreement for the expansion of the Naval Reserve parking lot. It was explained that under the terms of this agreement, the Naval Reserve parking lot would be expanded to the East, with a driveway entrance onto South Block Avenue and would be paid for with Community Development Block Grant funds. Once the expansion work is com- pleted, the entire lot would be jointly available for use by the Naval Reserve and patrons of Walker Park North, with the Navy getting priority in case of conflict. 138.1 138.2 There being no comments, Director Osborne, seconded by Johnson, made 138.3 a motion to adopt the resolution. Upon roll call, the motion passed unanimously. RESOLUTION # 102-83 APPEARS ON PAGE 2(o3 OF ORDINANCE & RESOLUTIONS BOOK)67( "NOISE ORDINANCE" AMENDMENT Mayor Noland introduced for consideration an Ordinance amending the City Code by specifiying that appeals from the literal requirements of the City's "Noise Ordinance" must be filed a minimum of fourteen days prior to the date on which a variance is requested. He noted that this would help the City in processing these requests, as many times the requests would come in two or three days before the date on which the variance was being re- quested and it was hoped this would prevent them from always being a last minute effort. 138.4 The City Attorney stated that, at the recommendation of the Assistant 138.5 City Manager, the Ordinance that would be read had been slightly modified from what had been presented with the agenda. He said that Mr. McWethy had pointed out that in cases of construction projects and other activities that are not attended by the general public, this 14 -day requirement is not imperative; therefore, the Ordinance that would be read would differentiate between an activity that was not attended by the general public and would not have the 14 -day requirement and an event that would be attended by the general public and would have the 14 -day requirement. The City Attorney read the Ordinance for the first time. Director Osborne, seconded by Lancaster 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. Mayor Noland, seconded by Sharp, made a motion 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 final time. 138.6 1 1 1 1 9-6-83 139 Director Sharp asked Assistant City Manager McWethy how long it 139.1 took to process an appeal of this type. Mr. McWethy answered that normally, it only required about two hours work if the appeal was approved; however, if it was denied, the 14 -day notice this Ordinance would require would give the -Petitioner an opportunity to prepare an appeal to present to the City Board, as a regular agenda item. Mayor Noland then inquired if anyone else had any comments they 139.2 wished to make on this subject amendment to the Ordinance. 11) John Adams, a member of the audience, addressed the Board, and 139.3 stated that he understood the City's desire to have some notice for 0 an appeal from the requirements of the Ordinance, but he questioned how this would affect an impromptu gathering of the type that did not Q allow for a two week notice. Director Sharp responded that a normal gathering would not require an appeal from the Ordinance as the Q noise generated would not exceed the limit. Mr. Adams then suggested that the Board reinsert the clause in 139.4 the Sound Ordinance which"was-deleted last_April;-that ezcluded- non-commercial public speaking and public assembly activities conducted on public property, which he referred to as the "free speech" clause. Mayor Noland responded that he thought the purpose of this Ordinance 139.5 was to provide for more time for an appeal. He added that he did not think anyone on the Board was denying freedom of assembly or speech as long as they didn't exceed the limits of the Sound Ordinance. Mayor Noland then asked for a vote on the Ordinance. Upon roll 139.6 call, the Ordinance passed by a vote of 7-0. Mayor Noland remarked that if any member of the Board wished to 139.7 pursue the matter Mr. Adams had brought up or would like to present an amendment to the Ordinance to the Board for future consideration, it could be considered at that time. 1 1 ORDINANCE # 2937 APPEARS ON PAGE (0(0 OF ORDINANCE & RESOLUTIONS BOOK Xi J . PARKING DECK RATE INCREASE Mayor Noland introduced a proposal by Air Terminal Parking Company, the Operator of the City's parking deck, that the rates be revised. He stated that the hope was with this revision of rates, the parking deck will be able to operate in the black. Bill Pruitt, Operator of the parking deck, addressed the Board and briefly went over the proposed new rate structure. He told the Board that there were 265 spaces in all three parking decks, 258 regular spaces plus 7 handicapped, and with that number of spaces it was projected they would need $9,000 per month to operate in the black, and the only way this could be accomplished was by raising the rates. 139.8 139.9 140 9-6-83 Director Osborne inquired about the proposed charge listed under the 2-3 hour category for the first and second levels; he wondered why the charge for 1-2 hours and 2-3 hours was listed as being the same - 75¢. He asked if this was possibly a typographical error as the progression for this category would seem to be $1.00. He also stated that he felt the proposed $20.00 monthly charge for the third deck was too high, that it would force people back out onto the streets again to the parking meters. Director Johnson asked if this proposed rate increase would affect the $2,100 guaranteed minimum that the Hilton Inn pays. Bill Pruitt responded that as of September 1, 1983, the guaranteed minimum for the Hilton was already scheduled for a raise and if the proposed rate increase was approved, would increase again proportionately. He reminded the Board that the guaranteed minimum charge was just that - if their bill went aver that amount, they paid the overage. City Attorney McCord read the provision of the lease that described how the Hilton Inn's rates were to be increased when parking rates to the general public were increased. This provision stated, in part, that their basic monthly rental, the guaranteed minimum, would increase proportionately to any increase of the daily rate for the general public. He stated that since the proposed rate increase to the general public was 33-1/3%, this would mean a like 33-1/3% increase to the Hilton. Ron McDonald of Air Terminal Parking addressed the Board, claiming that it was going to be difficult to operate the parking deck even with this increased rate because thus far, they had only been paying interest on the ten-year bonds; next year they would have to begin paying on the principal and this was when it would begin to get difficult. Director Osborne made a motion to adopt the new parking rates, with the change to $1.00 for the 2-3 hour category (first and second level) he had discussed earlier. Director Lancaster seconded this motion. Director Orton asked if this included the change Director Osborne had requested in the third level monthly rate, from the proposed $20.00 to the existing $15.00 charge. Director Osborne said he thought they should leave it at $15.00 as, in his opinion, the increase to $20.00 would drive motorists back out onto the streets to the parking meters; as the original intent was to provide a place for longer-term parking to relieve the congested parking on the streets, it would appear that this particular increase would be self-defeating. He stated that the third level deck parking was the most undesirable parking in the City because of exposure to the elements, a much longer walk, etc. Mayor Noland asked that the roll be called on the motion. Upon roll call, the motion passed unanimously and the Mayor announced the new rates were adopted. 140.1 140.2 140.3 140.4 140.5 140.6 140.7 1 Director Osborne, seconded by Johnson made a motion to roll back 140.8 III the third level monthly rate to $15.00. 9-6-83 141 Bill Pruitt asked to address the Board again. He stated that although 141.1 the third level parking is undesirable, it was just as easy to drive in and out of the third level as it was the first two levels. He argued that he would dislike using up space on that deck for $15.00 when lots all over the City were getting $20.00 and if they were going to give it away at $15.00, he would just as soon have that space on an hourly basis, because there were times when he needed all the parking space he could get. He contended that he could get the $20.00 a month, adding that the main thing was the bottom line, to make the parking deck self-supporting. Director Osborne said that if Mr. Pruitt was that sure this increase 141.2 LO would not drive the motorists back out onto the streets, he would withdraw his motion to roll back the third level monthly rate to $15.00.. Director O Johnson then withdrew her second to the motion. Mayor Noland asked the Board if they wanted to implement the Emergency 141.3 Clause, adding that the people who have already paid for a month's parking Q would have the balance of the month at the old rate. 1 1 Director Osborne, seconded by Noland, made a motion to adopt the Emergency Clause. Upon roll call, the motion passed unanimously and the Emergency Clause was adopted. 141.4 MILHOLLAND ENGINEERING CONTRACT/STREET IMPROVEMENTS TO BAILEY DRIVE AND BUTTERFIELD TRAIL (Community Development Project) Mayor Noland introduced a resolution authorizing the execution of a 141.5 contract for engineering services with Milholland Engineering for the design of street improvements to Bailey Drive and Butterfield Trail. The amount of the contract is $5,118.00, and is a Community Development project. Director Osborne, seconded by Johnson, made a motion to adopt the 141.6 resolution. Upon roll call, the motion passed unanimously and the resolution was adopted. RESOLUTION # 103-83 APPEARS ON PAGE 2,10 OF ORDINANCE & RESOLUTION BOOK XVI/ NORTHWEST ENGINEERS CONTRACT/STREET IMPROVEMENTS TO LYTTON, BLAIR & MASHBURN AVENUES (Community Development Project) Mayor Noland introduced a resolution authorizing the execution of 141.7 contract for engineering services with Northwest Engineers for the design of street improvements to Lytton, Blair and Mashburn Avenues, noting that this was a Community Development project; the amount of the contract was $14,794.36. Director Osborne, seconded by Johnson, made a motion to adopt the 141.8 resolution. Upon roll call, the motion passed unanimously and the resolution was adopted. It was noted that these streets, as well as the Bailey Drive and Butter- 141.9 field Trail project voted on in the previous agenda item were to be designed 142 9-6-83 with the Jobs Bill monies, were to be constructed with 1984 Community Development Block Grant funds and were within the Jobs Bill allocation for engineering. RESOLUTION # 104-83 APPEARS ON PAGE 212 OF ORDINANCE & RESOLUTION BOOK )(\11( . AMENDMENTS TO MCCLELLAND ENGINEERING CONTRACT/DRAKE FIELD PROJECT Mayor Noland introduced a resolution authorizing amendments to an engineering services contract with McClelland Consulting Engineers, for work done at Drake Field. 1 142.1 Director Lancaster, seconded by Osborne, made a motion to adopt the 142.2 resolution and authorize the amendments. Upon roll call, the motion passed unanimously. RESOLUTION # 105-83 APPEARS ON PAGE 2.91 OF ORDINANCE & RESOLUTION BOOK )(ufl . PURCHASE OPTION/PROPERTY-NORTH SIDE OF MEADOW STREET, WEST OF WASHINGTON AVENUE Mayor Noland introduced a resolution authorizing the purchase of a 150' x 67.5' parcel, located on the North side of Meadow Street, West Director Bumpass, seconded by Orton made a motion to adopt the 142.111of Washington Avenue. He stated that this property had been appraised and the purchase price was $10,000, ($9800 plus a $200 option fee). Director Bumpass, seconded by Orton made a motion to adopt the 142. resolution authorizing the purchase. Upon roll call, the motion passed unanimously. 142.3 RESOLUTION # 106-83 APPEARS ON PAGE 3af OF ORDINANCE & RESOLUTION BOOK )(VI) Director Sharp stated that he would try to organize a Street Committee meeting and ask people from the area, as well as County personnel, the Planning Commission and City Board to attend, in order to get as much input as possiole, about the traffic problem around the County Courthouse. Director Sharp then requested that the City Manager be authorized to negotiate with the Cbunty regarding joint acquisition of the property on Meadow Street (West of Washington Avenue) referenced above. 142.5 142.6 1 1 9-6-83 143 BID AWARDS Mayor Noland introduced for approval the award of four bids, as 143.1 listed below: Bid #534 for an irrigation and landscaping project at Drake Field 143.2 The recommendation of Purchasing Agent Mackey was for the award of this bid to Garden City Landscaping of Bentonville, Arkansas for a cost of $17,739.08. Garden City Landscaping was the lowest bidder. It was noted that there would be an additional cost on 11) this project of $681.00 for concrete work which will be performed H by the City's concrete construction contractor, Gintonio O Construction. It was also noted that Dr. Al Einert, the City's 7 Landscape Architect, would provide construction supervision for the project. Q Bid #537 for fire hose 143.3 Purchasing Agent Mackey recommended the award of this bid to the low bidder, Casco Industries of Rogers, Arkansas. It was noted that this was a unit price bid with the City being able to purchase more or less quantity than given in the bid depending upon availability of funds. The current 1983 budget includes $8,250.00 for fire hose. Bid #538 for re -roofing the Airport Fire Station 143.4 The Purchasing Agent recommended the award of this bid to the only bidder, Franklin & Son Roofing of Fayetteville, Arkansas for a price of $5,324. It was noted that the 1983 budget includes $5,500 for th's work and an invitation to bid was made directly to six prospective bidders in this area. Bid #539 for turnout clothes for the Fire Department 143.5 It was the recommendation of the Purchasing Agent to award this bid to Casco Industries, of Rogers, Arkansas, for both coats and pants. Casco Industries was the overall low bidder. Director Bumpass, seconded by Johnson, made a motion to accept the 143.6 recommendations of the Purchasing Agent and award all four bids as recommended. Upon roll call, the motion passed unanimously. CITY WATER SERVICE IN RURAL DEVELOPMENT AUTHORITY'S SERVICE AREA Mayor Noland introduced a resolution authorizing the provision of city 143.7• water service in the Rural Development Authority's service area, subject to RDA's approval. He stated that this was for an isolated piece of property that would normally be serviced by RDA, but the property owners had requested that the City service the property because it is adjacent to City water lines. RDA will pick up this line at some future point in time when they have other properties to service in the area. It was pointed out that the property owners will pay the full cost of extending the line to their property. 144 9-6-83 Director Bumpass, seconded by Johnson, made a motion to adopt the resolution. Upon roll call, the motion passed unanimously and the resolution was adopted. RESOLUT19N # 107-83 APPEARS ON PAGE 313 BOOK Y (( . OF ORDINANCE & RESOLUTION 144.1 1 BID WAIVER/BUDGET ADJUSTMENT/SAFETY EQUIPMENT Mayor Noland introduced an Ordinance waiving competitive bidding 144.2 requirements and authorizing a budget adjustment to cover the purchase of safety equipment to test for the presence of toxic gases in sewer manholes and lift stations. He stated that just recently, two men had been overcome with gas in the sewer lines in which they were working and it was felt this safety equipment was needed. The City Attorney read the Ordinance for the first time. Director 144.3 Osborne, seconded by Orton, made a motion that the rules be suspended and the Ordinance be placed on second reading. Upon roll call, the motion passed unanimously. The City Attorney read the Ordinance for the second time. Director Osborne, seconded by Johnson, 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 on this matter, Mayor Noland called 144.4 for a final vote on the Ordinance. Upon roll call, the Ordinance passed by a vote of 7-0. ORDINANCE # 2938 APPEARS ON PAGE (02 OF ORDINANCE & RESOLUTION BOOK XIV . AUTHORIZATION FOR PAYMENT OF INVOICES/ENGINEERING SERVICES Mayor Noland introduced a report from the Water and Sewer Committee 144.5 regarding the authorization for payment of invoices for engineering services for the Water & Sewer Department. He stated the Water and Sewer Committee had recently met and recommended the payment of three invoices to McGoodwin, Williams and Yates Engineering for work performed between April, 1981 through March, 1983. The invoices totaled $10,502.49, and were for work done in response to requests by either the City Staff or the City Board of Directors. The Board requested that when payment was made, the check be accompanied 144.6 by a statement to the effect that the attached check represented payment in full for this obligation. Don Bunn, City Engineer, was requested to handle this. Director Osborne, seconded by Lancaster, made a motion that payment 144.7 be authorized. Upon roll call, the motion passed unanimously. 1 1 9-6-83 AWARD OF BID/ACCESS ROAD/EAST SIDE OF DRAKE FIELD Mayor Noland introduced for consideration the award of a bid for the construction of an access road to serve the facilities on the East side of Drake Field. He stated that the low bidder on this was McClinton -Anchor Company for $270,151.95. Ede Hogue, Airport Director, addressed the Board and stated that the City had already received a grant for 90% of this amount,' and would be receiving some money from the State, so the amount the City would have to pay would be less than 10%. Director Osborne, seconded by Johnson, made a motion to award the bid to McClinton -Anchor Company. Upon roll call, the motion passed unanimously. `/ p f Q� co /it_ /Cro. Z�� 00�- OTHER BUSINESS: Appleby Road Funds Request Mayor Noland stated that the Board had received a request from Jack Butt, Attorney for the Appleby Road Improvement District, for $700 to obtain the Chancery Court's proceedings of this case to enable this particular ruling to be appealed to the Supreme Court. 145 145.1 145.2 145.3 145.4 Mr. Butt addressed the Board and gave a brief history of the case, 145.5 stating that the first time around, the Board did not want to pass it because they felt there was an impropriety in the boundaries of the district as drawn. The local Circuit Court issued a mandate requiring the Board to approve the District, stating that the boundaries were correct under Arkansas law, so the Board created the District by Ordinance. The creation of the district was then appealed to the Chancery Court. The Court ruled against the City and the Improvement District, holding that certain procedural requirements necessary to the creation of the district had not been met and therefore the district did not exist and could not proceed to improve the road. Mr. Butt continued that the proponents of the District are interested 145.6 in appealing this ruling and the reason they were asking the City to foot part of the bill was that the Improvement District was an arm of the City of Fayetteville at the time the Chancery Court held that it was improperly formed. If the Supreme Court finds it was properly formed, the street will be improved, not at any direct cost to the City, but through an assessment of the property owners who live along the Street. He added that the road is slated under the Master Street Plan to be paved, but the money to do it won't be there for several years, so they were looking for some assistance in buying the transcript of the Chancery Court's proceedings in order to take it to the Supreme Court. He added that he would not be appealing the ruling unless he felt there was a good chance of winning and having the Improvement District as it was originally formed being upheld. Director Bumpass moved that this matter be referred to the Street 145.7 Committee. There Was no`second to this motion. 146 9-6-83 City Attorney McCord asked Mr. Butts if he had filed a Notice to 146.1 Appeal and Mr. Butts replied that this had to be done by September 9th but they were waiting on the outcome of tonight's proceedings. Director Osborne asked for the City Attorney's legal opinion on 146.2 this matter. Director McCord stated that as far as the merits of the appeal to the Supreme Court, there were two issues: (1) sufficiency of statury notice requirements; and (2) did a majority of real property owners (in assessed valuation) sign the petition. As far as Issue #1, there was, in his opinion, substantial compliance. As far as the second issue was concerned, the Chancery Court held that because some of the property had changed hands between the time the petition was originally filed until the date it was actually formed by the City Board, there was not 50% in assessed value, which was factually correct. He stated that, in his opinion, there was a 50-50 chance, which way the Supreme Court would go. Director Sharp asked if the property owners that were opposed to 146.3 the Improvement District being created had been informed that this was going to be discussed at the meeting tonight. Mr. Butts answered that he did not think there had been any specific notice. Director Sharp asked that the minutes reflect that the Board did not know if these property owners had been notified this issue was going to be discussed at this meeting. After further general discussion, including a brief appeal from 146.4 Mr. Wade Bishop, one of the property owners Mr. Butts was representing, Director Johnson, seconded by Orton made a motion to deny this request for $700. Upon roll call, the motion passed by a vote of 4-3, with Directors Bumpass, Lancaster and Osborne voting in the minority. Mayor Noland declared that the motion had passed, and the request denied. Request from Ramada Inn for Interpretation of Setback Requirements Mayor Noland stated that the Board had received a request from 146.5 Ramada Inn asking for an interpretation of setback requirements with respect to location of signs and whether this setback applies from the frontage road or whether it actually applies from the right-of-way. Ramada Inn requested that the Board permit it to continue to maintain its on-site, free-standing sign as there was no issue involved relating to the size of the sign, since they were granted a previous variance in 1972 covering this. The request noted that the only matter involved relates to the fact that the sign is located 27' 6" from the service road that is required on a controlled access highway, such as Highway 71 North. The sign sets more than 60' from the highway right-of-way of Highway 71 North so the issue was where the setback applied from. Mayor Noland stated that this was really a question for the Board to 146.6 intrepret at this point. Director Lancaster stated that he would like for the Board to decide 146.7 this issue on the basis of what kind of variance they got in 1972 and not change the distance from the service roads and let that be the basis for the Board's determination as there were undeveloped properties North of the Ramada Inn property that they would never be able to maintain any kind of control over otherwise. 1 • 9-6-83 147 Director Lancaster added that the Ramada Inn had added something 147.1 to their sign which was not there when they were granted the variance in 1972 and that it was now a non -conforming sign and he would like for the Board to deal that that issue separately. Director Osborne, seconded by Sharp, made a motion that there be a 147.2 Board policy decision that all future setbacks for signs be measured from the service road - and this was to apply to every service road in the City. Upon roll call, the motion passed by a vote of 6-0 with Director Bumpass absent for this vote. Mayor Noland said the non-conformingissue relative to this request 147.3 would be placed on the September 20th agenda. SWEPCO Hearing on Rate Increase Mayor Noland congratulated Director Johnson on behalf of the rate- 147.4 payers of Northwest Arkansas for her efforts, which resulted in the SWEPCO rate increase hearing being moved to Fayetteville. Director Johnson stated that these meetings would be held September 12-13. FAA Letter Re Fayetteville Fire Department Mayor Noland congratulated the Fire Department for their quick 147.5 response to an emergency situation at the Fayetteville Municipal Airport on August 26, 1983, noting that the FAA had written a letter to the City Manager expressing their appreciation. Special Meeting/Scheduled Skyways Mayor Noland asked if the Board wanted to have a special meeting 147..6. to hear Scheduled Skyways request with respect to their request to amend the curfew ordinance to extend the effective date thereof until such time as the FAA has acted upon the City's application for grant funds to finance the construction of a noise barrier. Director Lancaster proposed that they be granted a hearing where they can go through all the material to see if anything can be done to cut through the red tape. He added he felt it would be of benefit to the City as well as Scheduled Skyways to get together and see what can be worked out. He proposed that the Board hold a special meeting for this purpose. Mayor Noland asked City Manager Grimes to poll the Board and other interested parties to see if there was an acceptable time the following week.that would be agreeable to all. Arkansas Arts Council Request Mayor Noland stated that the Arkansas Arts Council had requested certain reports and evaluations. He requested Scott Linebaugh, Finance Director, to explain the request. 147.2 147.8 147. 9 14ti 9-6-83 Mr. Linebaugh addressed the Board, stating that the grant referred 148.1 to in the Arkansas Arts Council letter was the Music Arts Festival grant, and that basically, they had fallen behind in some of their bookkeeping but they have currently been granted an extension so they have time to get all the items mentioned caught up-to-date. Mayor Noland stated that the FY 82-83 grant fiscal year ended in June, but Mr. Linebaugh said that they had gotten an extension on their 148.2 fiscal year-end to September. Letter from Bobbie Jones Re Zoning Non -Conformities Director Sharp stated that the Board of Adjustment felt they needed 148.3 some guidance or a little more leeway from the Planning Commission and the Board concerning relaxing the restrictions on non -conforming structures containing conforming uses and on non -conforming lots. Bobbie Jones, Planning Administrator, presented the problems in a letter to the City Manager. Director Sharp, seconded by Orton, made a motion to refer Mrs. Jones' 148.4 letter to the Planning Commission for recommendations. Upon roll call, the motion passed by a vote of 6-0 with Director Bumpass absent for this vote. MINUTES The minutes of the August 23, 1983 Board of Director's meeting were 148.5 accepted as distributed, with no corrections. ADJOURNMENT With no further business before the Board, the meeting adjourned at 148.6 9:05 p.m. 1 1 1