HomeMy WebLinkAbout1983-09-20 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 September 20, 1983, in Room 107, Continuing
Education Center, Fayetteville, Arkansas.
PRESENT: Mayor Noland; Directors Bumpass, Johnson, Osborne,
Orton, Sharp; City Manager Grimes, Assistant City Manager
McWethy; City Attorney McCord; City Clerk Griffin;
members of the press and audience.
ABSENT: Director Lancaster
CALL TO ORDER
Mayor Noland called the meeting to order and asked for a moment
of respectful silence.
SIGN APPEAL/RAMADA INN
Mayor Noland introduced for consideration an appeal from the
literal requirements of the Sign Ordinance submitted by Kenneth
Mourton for the Ramada Inn sign. The request was to leave a 200 sq.
foot free-standing sign at a 27.6_ ft. setback from Shiloh Drive
right-of-way.
City Attorney McCord stated that this appeal was included as
an informational agenda item at the last regular Board meeting for
the Board to determine whether the setback requirement for a free-
standing sign located on a property abutting a controlled access
highway should be measured from the service road or the controlled
access highway. The Board determined at that time that the setback
should be measured from the service road. Mr. McCord recommended
that the Ordinance be amended specifically to reflect the Board's
decision, after which this particular appeal could be heard.
City Attorney McCord read the Amending Ordinance the first time.
Director Bumpass, seconded by Noland, made a motion to suspend the
rules and place the Ordinance on second reading. Upon roll call,
the motion passed by a vote of 6-0. The City Attorney read the
Ordinance the second time. Director Bumpass, seconded by Osborne,
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 6-0, and the City Attorney read the Ordinance for the
final time. With no further discussion, the Mayor called for the
final vote on the Ordinance. The recorded vote was 6-0 and the
Mayor declared the Ordinance passed.
ORDINANCE # 2941 APPEARS ON PAGE rib—
J` OF ORDINANCE AND
RESOLUTIONS BOOK );1V .
*163
163.1
163.2
163.3
164
9-20-83
The next order of business was the appeal from Kenneth
Mourton for the Ramada Inn sign. Mr. Mourton briefly described
the sign, its location and the reason for the appeal, stating
that this sign had been in existence at this location since 1972
when avariance had been granted to allow for a 200 square foot
sign. He added that a sign permit had been issued after this
variance had been granted by the Board of Adjustment who, when
considering the original request,had taken into consideration
the location of the sign. He said that the sign was only 4'
short of being 40' from the actual edge of the service road.
Director Johnson asked how the sign related to the gas main
that went through there, noting that the Board had granted a
variance in May to the Red Lobster (just South of the Ramada Inn)
because of this gas main. Mike Weissbeck, General Manager of the
Ramada Inn, said the gas line was just West of the sign. Director
Sharp observed if the sign was moved back, it would be on top of the
gas line. It was noted that the gas company requires a 50' easement.
Director Johnson, seconded by Osborne, made a motion to
grant the variance. Upon roll call, the motion passed by a vote
of 6-0 and the variance was granted.
ORDINANCE/SERVICE ROADS
Mayor Noland introduced an ordinance repealing the requirement
that developers of property abutting a controlled access highway
construct a public service road along their property. He noted
that this was considered in a public hearing before the Planning
Commission on September 12 and the proposed Ordinance was
recommended for approval by a 7-0 vote.
City Attorney McCord stated that in 1959, the Board adopted
an Ordinance requiring the developer of property abutting a
controlled accgs highway to dedicate right-of-way for and construct
a service road. He said that last year the constitutionality of the
validity of that requirement was litigated and the Washington County
Chancery Court had upheld the requirement, but subsequently, the
Arkansas Supreme Court ruled that the requirement was inconsistent
with State Statutes. He added that the Board had two alternatives:
(1) to repeal the Ordinance in its entirety or (2) repeal those
portions which would require the developer to dedicate right-of-way
for and construct a service road. The City Attorney stated that
after consultation with Assistant City Manager McWethy, it was their
collected opinion that the best approach would be to repeal the
Ordinance in its entirety, adding that it appeared the Ordinance had
served its purpose and was no longer needed. The Board concurred.
City Attorney McCord read the Ordinance 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 by a vote of 6-0. 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 by a vote of 6-0 and the City Attorney read the Ordinance
for the final time.
164.1
164.2
164.3
164.4
164.5
164.6
1
1
9-20-83
Director Orton asked if the Planning Commission would be
able to encourage developers to develop a street other than one
that had direct access onto a controlled access highway.
City Manager Grimes stated that a large scale development or
a subdivision plat has to be approved by the Planning Commission
and they could refuse to approve certain layouts.
City Attorney McCord stated that, in his judgment, the repeal
of this Ordinance did not impair the City's ability to adequately
regulate the subdivision and development of land, and this was the
critical issue.
165
165.1
165.2
165.3
Mayor Noland then asked, "Shall the Ordinance pass?" Upon 165.4
roll call, the Ordinance passed by a vote of 6-0.
ORDINANCE # 2942 APPEARS ON PAGE %`Z OF ORDINANCE AND
RESOLUTIONS BOOK XIV .
AMENDMENTS TO MASTER STREET PLAN
Mayor Noland introduced the next item of business which was 165.5
consideration of amendments to the Master Street Plan, noting that
these had been considered in a public hearing before the Planning
Commission on September 12, and included 21 amendments.
Mayor Noland asked if there was anyone in the audience that. 185:6
wanted to discuss any one of the changes to the Master Street Plan.
There was no response from the audience.
Director Osborne, seconded by Bumpass made a motion to approve 165x7
the amendments;. by resolution`. -City Attorney McCord.advised.that
this be done by Ordinance; as -a check of past•_records. indicatedthat
this,was the way it had been handled -in the past. •
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 by a vote of 6-0. 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 by a
vote of 6-0, and the City Attorney read the Ordinance for the final
time.
After further general discussion, Mayor Noland asked, "Shall
the Ordinance pass?" Upon roll call, the Ordinance passed by a
vote of 6-0.
ORDINANCE # 2943 APPEARS ON PAGE rjq OF ORDINANCE AND
RESOLUTIONS BOOK XIV .
165.8
165.9
•
166
9-20-83
ORDINANCE/REZONING PETITION R83-11/HAYS
Mayor Noland introduced an Ordinance rezoning property, as
requested by Lloyd and Joan Hays. The location of the property,
at the Northwest corner of the intersection of Deane Solomon Road
and Mt. Comfort Road, is being requested to be rezoned from A-1
"Agricultural" to R-1, "Low Density Residential." Mayor Noland
noted that the Planning Commission had considered this request in
a public hearing on September 12, and the Planning Commission had
recommended approval as R-1 was consistent with the recommendations
of the General Land Use Plan and water and sewer facilities were
available to serve the property.
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 an second reading. Upon roll
call, the motion passed by a vote of 6-0. 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 by a vote of 6-0 and the City Attorney read the Ordinace
for the final time. There being no further discussion, Mayor
Noland called for a final vote on the Ordinance. The recorded
roll call vote was 6-0 and Mayor Noland declared the Ordinance
passed.
ORDINANCE # 2944 APPEARS ON PAGE n OF ORDINANCE AND
RESOLUTIONS BOOK XIJ .
SEWER CHANGE ORDER
Mayor Noland introduced a resolution authorizing a change
order in the sewer rehabilitation demonstration project, noting
that this change order provides for the re-routing of a sewer
line segment at East Lafayette Street and Dogwood Lane; for
additional erosion control measures at construction sites where
the grades are very steep; for the change in some estimated
quantities; and for the extension of the time on the contract
for an additional six months. The change order adds $4,522.56
to the contract price, making the total $206,266.06.
After brief general discussion, Director Osborne, seconded
by Orton, made a motion to adopt the resolution and authorize
the change order. Upon roll call, the motion passed by a vote
of 6-0.
RESOLUTION # 109-83 APPEARS ON PAGE 341/ OF ORDINANCE AND
RESOLUTIONS BOOK X vlt
166.1
166.2
166.3
166.4
1
1
9-20-83
RETURN OF WATER SERVICE AREA TO MT. OLIVE WATER ASSOCIATION
Mayor Noland introduced a resolution authorizing the return
of a water service area to the Mt. Olive Water Association,
noting that in July, 1979, the Mt. Olive Water Association
temporarily released a portion of their water service area to
,tie City, as Fayetteville had a water line nearby and Mt. Olive
did not. Part of that agreement specified that if Mt. Olive
installed a line to serve the area within five years, the service
area would revert to the Association. The Association now has a
line which serves the area, and this resolution would authorize
its return to Mt. Olive.
There being no discussion on this item, Director Bumpass,
seconded by Johnson, made a motion to adopt the resolution.
Upon roll call, the motion passed by a voteof6-0.
RESOLUTION # 110-83 APPEARS ON PAGE IS OF ORDINANCE AND
RESOLUTIONS BOOK )(A/L\
SLUDGE MANAGEMENT ALTERNATIVE/REPORT FROM CH2M HILL
Mayor Noland introduced the next item for business which
concerned the Sludge Management Report from CH2M Hill. He
stated that this had been discussed several times in the past
and was one of the items discussed at the Special Board meeting
on September 8th. He said that Rick Hirsekorn was present and
would present some additional cost figures that had been incorporated
in the :tables the Board had received with their agenda packet.
Mr. Hirsekorn addressed the Board. He stated that at the
Water and Sewer Committee meeting two weeks ago, CH2M Hill had
reported the status of the technical public workshops they were
having regarding their attempts to develop and implement a
sludge managment plan. They had reported to the Board in more
detail on the sludge management alternatives that had been
developed and costed out, and on the public input that had been
received from the workshops they had prior to that meeting which
had been open to the public. They had presented to the Board,
for their consideration, sludge management alternative analyses,
a supplement to the_information they had in the 201 Facilities
Plan. The Board had directed CH2M Hill to develop some additional
costs, which they had presented to the Board at the Special
Meeting. He continued that the two changes that were on the chart
werefor Alternative #3 (Composting) and inclusion of Alternative #6
(which was a modification of Alternative #2, which would use the
airport as the dedicated sludge application site).
Mr. Hirsekorn explained the additional cost figures that
were presented to the Board. Following was a thorough discussion
of the advantages/disadvantages of the composting alternative (#3).
as well as the other alternatives available, including cost
comparisons, possible marketing areas for the compost if Alternative #3
was chosen, advantages of Alternative #6, using the airport as the
dedicated sludge application site, etc.
47
' 167.1
E167.2
167.3
'167.4
168
9-20-83
Following this technical discussion, it was the consensus
of the Board that CH2M Hill try to locate composting plants
(as close to Fayetteville as possible) and make arrangements for
Board members as well as interested parties from the Wyman Community
group to go see a successfully operating composting and land applica-
tion plant. Mr. Hirsekorn said he would look into this and report
back to the Board.
Director Bumpass stated that he would like a ranking of what
alternative the engineers thought would be successful and be cost
effective. Mr. Hirsekorn responded that alternative #5 was the
best. Director Bumpass asked if this was predicated on acquisition
of the necessary land and how much land would be needed. Mr.
Hirsekorn replied that 675 acres would be needed, and cost was
estimated to be $2,000 per acre. He added that the figures did not
take inflation into consideration.
Mayor Noland stated that he thought the Board would have
to make a decision two weeks from now, but hopefully, they could
make a trip to see one or two types of successfully operating
sludge management plants before this.
Director Osborne, seconded by Johnson, made a motion to
table this matter until the next meeting so they would have more
time to consider the options they had. Upon roll call, the motion
passed by a vote of 6-0.
FIRE PROTECTION MUTUAL AID AGREEMENT/CITY OF FARMINGTON
Mayor Noland introduced a resolution authorizing the Mayor
and City Clerk to execute a fire protection mutual aid agreement
with the City of Farmington, noting that similar agreements
existed with Springdale, Rogers, Bentonville, Siloam Springs,
Prairie Grove and Elkins.
There was no discussion on this item. Director Johnson,
seconded by Osborne, made a motion to adopt the resolution.
Upon roll call, the motion passed by a vote of 6-0.
RESOLUTION # 111-83 APPEARS ON PAGE 353. OF ORDINANCE
AND RESOLUTIONS BOOK MI
PHONE SPACE/FAYETTEVILLE HILTON
Mayor Noland introduced a resolution authorizing the Mayor
and City Clerk to execute a lease agreement with the Fayette-
ville Hilton for direct dial telephone space in the airport
terminal building, noting that the terms of this agreement were
identical to other leases for direct dial phone space at the
airpo
168.1
1
168.2
168.3
168.4
1
168.5
168.6
168.7
rt.
111
Director Osborne, seconded by Bumpass made a motion to adopt 168.8
the resolution. Upon roll call, the resolution was adopted by
a vote of 6-0.
RESOLUTION # 112-83 APPEARS ON PAGE 355 OF ORDINANCE
AND RESOLUTIONS BOOK 4,\N .
1
9-20-83
SUNBELT AIRLINES
Mayor Noland introduced a resolution authorizing the Mayor
and City Clerk to execute a lease agreement with Sunbelt Airlines
for airportierminal space and landing fees. He commented that
this lease contained;:the same terms and conditions as those with
Scheduled Skyways and Metro Airlines.
Director Osborne, seconded by Johnson, made a motion to
adopt the resolution. Upon roll call, the motion passed by a
vote of 6-0.
169
-169..1
169-.2
City Manager Grimes commented that Sunbelt Airlines.-.told;him - 169.3
they.were..going-to.look very closely at service to Little Rock,
Tulsa.and St..Louis, and would be starting with the Memphis run.
RESOLUTION #113-83 APPEARS ON PAGE 363. OF ORDINANCE & RESOLUTIONS BOOK Xl/ll
NOISE BARRIER/.BID WA -I -VER
Mayor Noland introduced an Ordinance waiving competitive bid
requirements for the furnishing of poles, timbers, and hardware
for the construction of the noise barrier at Drake Field.
City Attorney McCord read the Ordinance for the first time. c-169.5
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 6-0. City Attorney McCord
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 by a vote of 6-0 and the City Attorney
read the Ordinance for the final time.
Mayor Noland remarked that the City was working under a
timeconstraint on this and needed to move along with it. He
asked, "Shall the Ordinance pass?" The recorded roll call vote
was 6-0 and Mayor Noland declared the Ordinance passed.
ORDINANCE # 2945 APPEARS ON PAGE 89 OF ORDINANCE AND
RESOLUTIONS BOOK XIV
In conjunction with this item, City Manager Grimes requested
a resolution that would authorize the Mayor and City Clerk to
execute a change order to the roadway contract with McClinton -
Anchor Construction, who were to construct the roadway from
Highway 71 to the East side of Drake Field. He Stated."that
competitive`bids_had-been taken. on that'ro,lect=andMcClinton
Anchor was willing to -honor the same unit prices contained in
that bid, to construct the:taxiway.and floor of'the noise barrier.
He said it was just a matter of using those same unit prices and
applying them to this project.
-169.6
H169.7
1 V
9-20-83
Director Bumpass inquired of the City Manager how we stood
with respect to the funding we were trying to get on this project
City Manager Grimes answered that the Staff was keeping very close
tabs on this and they were very optimistic that we were going to
be able to get 90/10% federal money on the taxiway and the floor
area of the noise barrier, and they they were going to the State
Aeronautical Commission for the materials for erecting the noise
barrier, with the City doing a lot of in-house work for the major
portion of the erection of the barrier. He added that if the FAA
90/10% money did not work out, they would be going to the State
and requesting a 100% grant for the floor and taxiway, and then
returning in another month for a grant on the barrier materials.
Director Bumpass asked if any commitment had been made by
Scheduled Skyways to share the cost of the barrier in the event
funding did not come through as anticipated. City Manager Grimes
answered that, in his opinion, $30,000 would be the maximum that
might have to be shared and Skyways had informally agreed to
share the cost as they were in as big a bind as the City.
Director Johnson, seconded by Orton, made a motion to
adopt the resolution authorizing the change order. Upon roll
call, the motion passed by a vote of 6-0.
RESOLUTION # 114-83 APPEARS ON PAGE 377 OF ORDINANCE AND
RESOLUTIONS BOOK y U11 .
ELECTRIC SWITCH ORDINANCE
Mayor Noland said that Director Bumpass had informed him
that the Fire Committee recommended that this Ordinance be
deferred for a period of three months until the 1984 Building
Code became available. The Board concurred, and this item was
tabled informally.
BUDGET ADJUSTMENTS
Mayor Noland introduced a report from the Board Finance
Committee regarding the approval of certain recommended budget
adjustments, which were contained in a detailed report in the
agenda packet, and prefaced by an explanatory memorandum from
Scott Linebaugh, Finance Director.
Director Osborne stated that the Budget Adjustments had been
reviewed and approved by the Finance Committee and that it was
not a matter of appropriating more money for a given department,
but rather a shifting of funds from one account to another in
a certain department; the money is already there in the budget.
Director Osborne, seconded by Orton, made a motion to
approve the budget adjustments. Upon roll call, the motion
passed unanimously.
RESOLUTION # 115-83 APPEARS ON PAGE 3 12 OF ORDINANCE
AND RESOLUTIONS BOOK XVII
170.1
1
170.2
170.3
170.41
170.5
170.6
170.7
•
9-20-83
Director Osborne brought up another item for consideration,
referring to a bill from McClelland Consulting Engineers for
design of a hangar to serve Royal American Airlines. He noted
that this bill dated back to 1981, but the Airport Director had
explained the reasop,for the delay in a memo to the'Finance
Director elated July 22, 1983, and he and the Finance Committee.,
were recommending payment of this overdue bill.
Director Osborne, seconded by Johnson, made a motion to
approve this payment. Upon roll call, the motion passed by a
vote of 6-0.
Director Osborne then called to the attention of the Board,
a bill from Lindsey Kisor Pools in the amount of $2,704.00
which represented a back order that the Company had inadvertently
missed sending to the City. It was noted that this would require
a retroactive Ordinance waiving competitive bidding.
City Attorney McCord read the Ordinance for the first time.
Director Osborne, seconded by Orton, made a motion to suspend
the rules and place the Ordinance on second reading. Upon roll
call, the motion passed by a vote of 6-0. 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. Mayor Noland then asked,
"Shall the Ordinance pass?" Upon roll call, the motion passed
unanimously.
ORDINANCE # 2946 APPEARS ON PAGE 6,1 OF ORDINANCE AND
RESOLUTIONS BOOK XIV .
Director Osborne called to the attention of the Board,
the letter from Black & Veatch dated August 17, 1983, to the
Finance Director, requesting an additional appropriation of
$50,000, in connection with the extra work that had become
necessary with respect to the revised Facilities Plan, which
had been requested by the Board.
Finance Director Linebaugh noted that $20,000 of the work
had already been completed and the other $30,000 was an estimate
in case extra work was needed. Mr. Linebaugh stated that
the remaining work included meeting with their financial con-
sultants and finalizing the Study. He said that the work would
have to be documented and be approved before any money was
paid.
Director. Osborne noted that the City had a contract with
Black & Veatch that governed their fees, but there was no
money actually appropriated to pay the fees once it has been
earned; in addition; the Finance Director checked the billing
before there was any approval to pay. .
171
171.1
"•171 .2
171.3
171.4
17:1.5
17,1.6
. 171.7
172
9-20-83
Director Bumpass requested an example of Black & Veatch's
billing be sent to him personally.
Director Osborne stated that the firm had been kept
busy the past few months, computing sewer rates, sales tax
revenues, etc.
Director Osborne, seconded by Johnson, made a motion to
appropriate up to $50,000 for engineering services performed
or to be performed by Black & Veatch, by Board authorization.
Upon roll call, the motion passed by a vote of 5-1 with
Director Bumpass voting in the minority.
172.1
172.2
172.3
BID WAIVER/CONCRETE AGGREGATE AND ASPHALT MATERIALS
Mayor Noland introduced an Ordinance waiving competitive 172.4
bidding requirements for the purchase of concrete aggregate and
asphalt materials.
City Attorney McCord read the Ordinance for the first 172.5
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 6-0.
City Attorney McCord 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 by a vote of 6-0
and the City Attorney read the Ordinance for the final time.
Director Bumpass asked what the material was going to be
used for. City Manager Grimes responded that it was for all
of the City's construction work, the base material that the
City crews applied.
Mayor Noland asked, "Shall the Ordinance pass?" The 172.7
recorded roll call vote was 6-0 and the Mayor declared the
Ordinance passed.
ORDINANCE # 2947 APPEARS ON PAGE 92 OF ORDINANCE
AND RESOLUTIONS BOOK XIV .
172.6
PASTURE LEASE
Mayor Noland introduced a resolution authorizing the Mayor
and City Clerk to execute the renewal of a pasture lease agree-
ment, for certain parcels in the Fayetteville Industrial Park.
There was no discussion on this item. Director Osborne,
seconded by Johnson, made a motion to adopt the resolution.
Upon roll call, the motion passed by a vote of 6-0.
RESOLUTION # 116-83 APPEARS ON PAGE 3 % OF ORDINANCE
AND RESOLUTIONS BOOK }CV(I .
172.8
172.9
1
1
9-20-83
DEFERRED COMPENSATION PLAN/ICMA RETIREMENT CORPORATION
Mayor Noland introduced a resolution adopting a deferred
compensation plan administered by the ICMA Retirement Corporation.
City Manager Grimes stated that this plan represented modifica-
tions to the .plan that had already been',in effect in the City for
the past 10-11 years, and it appeared that ICMA was trying to provide
better services.
Director Johnson asked if this was the enactment of an IRA
plan and the City Manager responded that it was not, although
it was a typical deferred compensation plan,. so that what was put
in was not taxable until the time it was received by the employee,
so in that respect, it was similar to an IRA.
Director Johnson, seconded by Bumpass, made a motion to approve
the resolution. Upon roll call, the motion passed by a vote of 6-0.
RESOLUTION # 117-83 APPEARS ON PAGE WD OF ORDINANCE:AND
RESOLUTIONS BOOK X Vit .
BID AWARD/LANDSCAPE ARCHITECT SERVICES
Mayor Noland introduced for consideration the award of a
bid for landscape architect services for the development of a
master plan for Finger Park. Mayor Noland noted that this was
the result of a suggestion that Director Sharp had made at the
Board Meeting on August 2, 1983.
Purchasing Agent Mackey recommended the award of the bid
to the only bidder, Dr. Al Einert of Alfred -Erwin-Eanert,
Landscape Architects of Fayetteville, Arkansas. Mr. Mackey
noted in his recommendation that the the invitation to bid was
published in the Northwest Arkansas Times.. The amount of the
bid was stated as "not to exceed $2,200.00" with a breakdown of
$1,500.00 for analysis and planning and $700.00 for the Master
Plan development.
Director Sharp, seconded by Noland, made a motion to accept
the Purchasing Agent's recommendation and award the bid to
Dr. Al Einert. Upon roll call, the motion passed by a vote of 6-0.
LOT SPLIT/REQUEST BY LEONARD LINSTEAD
Mayor Noland introduced for consideration, approval of a
request for the fourth subdivision of a tract of land.
Mayor Noland asked Mr. Linstead if this was the same parcel
of land that had been discussed at the meeting on August 23, 1983.
(located outside the City limits, South of Highway 45 East and West
of Fox Trail)
•
73
173.1
173.2
- 173.3
-G17.3.4
173.5
173.6
173.7
173.8
173.9
174
9-20-83
Mr. Linstead responded that it was a portion of it, or
Tract B, that he had previously mentioned wanting to sell to
Mr. Rick Stroud. He stated that Mr. Stroud was present in the
audience and was very anxious to get started building on his
home. Mr. Linstead stated that he had done everything he
could, including having the perc tests done by Northwest Engineers.
Director Sharp inquired if this was the same item that
had been referred to the Water and Sewer Committee to look at
and to make recommendations and Mayor Noland confirmed that it
was. Director Sharp asked what the recommendations were.
Mr. Linstead responded that, due to the recent sales tax
election, the matter had not been brought before the Water and
Sewer Committee yet, but the meeting would be set up next week.
He maintained that the parcel he has sold Mr. Stroud was an
acre and one-half which met the requirements of the Board, and
had nothing to do with the lot he had given to the Goshen Fire
Department or the remaining lot that set in front of Mr. Kenter's
lot. He reiterated that he had brought this matter up again,
hoping the Board would approve it so Mr. Stroud could get on with
building his home. He stated that he had the parcels resurveyed,
so that the Fire Department would end up with over an acre, rather
than the .79 acre that had been planned before, but he stressed
that the other two parcels were not the subject of the request
tonight; they would go before the Water and Sewer Committee next
week; the only parcel he was requesting be approved tonight was
the one he had sold Mr. Stroud.
Director Sharp, seconded by Orton, made a motion to refer
this matter to the Water and Sewer Committee.
Mr. Stroud addressed the Board, contending that his lot
did have an acre and one-half, he had a home building loan in
progress that was going to be closed within the week and his
builder was only awaiting the go-ahead to start building.
Director Osborne inquired of the City Attorney if it would
be possible for Mr. Linstead to sign a Bill of Assurances that
would provide that no construction would be permitted on the other
two tracts of land until this matter could be resolved, which
would free Mr. Stroud's lot for building.
Mr. McCord answered that this would be an enforceable
document, if Mr. Linstead was willing to execute it. Mr.
Linstead said he would be agreeable with him.
Director Osborne submitted an amended motion, that
this be approved only for construction on Mr. Stroud's parcel,
conditional on Mr. Linstead executing a formal Bill of Assurances,
drafted by our City Attorney,which would absolutely bind the
remainder of the property until the Water and Sewer Committee
could review it. Directors Sharp and Orton withdrew their
original motion and second. Director Bumpass seconded Director Osborne's
motion. Upon roll call, the motion passed by a vote of 6-0.
174.1
174.2
174.3
174.4
174.5
174.6
174.7
174.8
1
1
•
1
9-20-83
OTHER BUSINESS
Fluctuating Signs
Mayor Noland stated that several of the Board members had seen
this type of sign, that rotates or moves in some manner, and the
question had been raised as to how these should be interpreted with
respect to the Sign Ordinance.
Director Bumpass remarked that he thought they needed a definition
of illumination as it applies to sunlight versus indirect illumination
by other means.
City Attorney McCord said that the Assistant City Manager had
pointed out to him the problems the Board wanted to address, and
he did not feel that amending the illumination section of the Ordinance
would solve the problem, but rather, the section of the Ordinance
that prohibited rotating or moving signs, that in the past had been
administered to apply to the total sign. He felt this section could be
amended to apply to all or any portion of the exterior of the sign. He
commented that he had been instructed by the City Manager's office to
have an amending Ordinance drafted for the meeting and he was prepared
to read it if the Board so chose. The Board asked the City Attorney
to read the Ordinance.
175.1
175.2
175.3
City Attorney McCord read the Ordinance for the first time. Director 175.4
Johnson, seconded by Noland, made a motion to suspend the rules and place
the Ordinance on secorsi reading. Upon roll call, the motion passed by
a vote of 6-0. City Attorney McCord read the Ordinance for the second
time. Director Orton, seconded by Johnson, made a motion to further
suspend the rules and place the Ordinance on third and final reading. The
motion passed by a.vote'of 6-0_and.the Ordinance was read for the final time.
Jim Watts, of Jim's Solar Signs, asked to address the Board. He
had a sign that the City's Sign Inspector had informed him might be in
violation of the Sign Ordinance, but not to take it down until the Board
had seen it and rendered their decision. He displayed a non -electrical,
light -reflecting type of sign. Director Bumpass asked if he felt it
would greatly reduce his ability to sell this sign if it had to be
anchored on the bottom, so as not to move. Mr. Watts said to anchor it
on the bottom would take away from the attractiveness of the sign.
Mayor Noland remarked that he noticed, as he drove by the sign, it
reflected light in such a way as to almost become -a directional sign
which appeared to be pulsating, and in this respect, detracted a driver's
attention adversely.
175.5
There was no further discussion on this item and Mayor Noland asked, 175.6
"Shall the Ordinance pass?" Upon roll call, the Ordinance passed by a
vote of 6-0. -:
ORDINANCE # 2948 APPEARS ON PAGE 9e�" OF ORDINANCE AND
RESOLUTIONS BOOK )CIV
176
Bond Counsel/Sewer Bond Issues
The next item requiring Board action was selection of
Bond Counsel.
City Attorney McCord stated that in order to market the
sewer revenue bonds to finance construction of improvements to
the wastewater treatment plant, it would be necessary to obtain
the unqualified opinion of a nationally recognized bond counsel,
that the bonds have been legally issued and are tax-exempt. He
added that, at the Board's request, he requested proposals from
three Little Rock law firms, who do most of the work for the State
of Arkansas and are nationally recognized bond counsels, (The
Wright firm, Rose firm, and Friday firm). He stated that written
proposals were received and distributed to the Board.
176.1
176.2
Director Osborne stated that the Finance Committee had met 176.3
informally earlier in the day and had discussed the three pro-
posals. Their recommendation was that the Rose firm be selected,
for a number of reasons, not the least of which was their fees,
which the Committee felt were very reasonable and considerably less
than the other two firms. He brought to the attention of the Board,
the memorandum from Finance Director Linebaugh, which recommended
using a representative from each of the three local banks as the
City's Local Bank Committee to help market bonds. He submitted the
following three names for the Board's consideration: John Lewis,
First National Bank; Bill Gould, Mcllroy Bank; and Virginia Morris,
Northwest National Bank, with John Lewis as Chairman of the Committee.
John Lewis addressed the Board, stating that what the
Committee would do, as financial advisors, would be to recommend
the structure of the proposed debt- whether to use defeasance or
refunding of current debt; to pledge sales tax alone or the water
and sewer revenues against the proposed debt; covenants; flow of
funds; reserve funds that should be established; etc., concluding
that the Committee would act as Agents of the City, undertaking all
of these responsiblities with the ultimate goal of getting the
best interest rate for the City.
City Attorney McCord stated that the Attorneys prepare the
bond documents, trust indenture, etc., in accordance with the
recommendations of the financial advisor, regarding amortization
schedules and the entire structure of the financing package; the
financial advisor is the one who facilitates the marketing of the
bonds. He added that it would be a fantastic savings to the City
if the Local Bank Committee rendered all the services Mr. Lewis
had outlined. He stated that an Underwriter would charge anywhere
from 2 to 5% for discount to market the bonds. He assured the
Board that there would be no duplication of services between the
Bond Counsel and the Local Bank Committee.
Director Sharp, seconded by Orton, made a motion to hire the
Rose firm as Bond Counsel and retain the Local Bank Committee, (as
recommended above) for the financial consulting and underwriter
duties. Upon roll call, the motion passed by a vote of 6-0.
176.4
176.5
176.6
1
1
1
1
1
Board Retreat
The Board, by informal vote, decided on October 30 (Sunday)
as the day for the annual Board retreat.
Assistant City Manager McWethy requested Board members to
let him know where they would like to meet,'along with their
"want list" regarding what they would like on the,Retreat Agenda.
Change Order/Extension'of Electrical Service
Director Osborne stated that the City had originally been
billed for 155 ft. (for extended electrical service behind City
Hall) when the Assistant City Manager had discovered there was
only 102 ft. which resulted in a lowering of the bill from $8,800
to $4,959.00.
177
177.1
177.2
Director Sharp, seconded by Orton, made a motion to approve 177.3
the change order. .Upon roll call, the motion passed unanimously.
Fire Prevention Brochures
Director Bumpass stated that the Police and Fire Committee 177.4
had seen the public educational fire prevention brochure that had
been worked on for a long time, by Blackwood Marketing Associates,
who had donated their time to do this. He said that the Firm had
come up with a trifold brochure that could do double duty, as"a
direct mailout, or handout. The Committee had approved its form
and substance unanimously. The low bid for printing was $1,050.00
for 15,000 copies; for 20,000 copies, $1,365.00. He stated that
approximately $5,000 had been budgeted for the entire• program and
he thought it would be advisable to go ahead and get 20,000 copies.
Director Bumpass, seconded by Osborne made a motion to have 177.5
20,000 brochures printed up, at a cost of 1,365.00, to be awarded
to Zip Print. Upon roll call, the motion passed by a vote of 6-0.
MINUTES
The following corrections were made to the minutes of the 177. 6
September 6, 1983 regular Board Meeting:
Paragraph 142.5: Delete first sentence. 177. 7
Paragraph 142.6: Should read, "Director Sharp then requested 177. 8
that the City Manager be authorized to
negotiate with the County regarding joint
acquisition of the property on Meadow Street.
With these corrections, the minutes were then approved. 177. .9
ADJOURNMENT
With no further business before the Board, the meeting
adjourned at 10:50 p.m.
177. 10