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HomeMy WebLinkAbout1983-11-15 MinutesMINUTES 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 November 15, 1983 in Room 107 of the Continuing Education Center, Fayetteville, Arkansas. PRESENT: Mayor Noland, Directors Osborne, Sharp, Bumpass, Orton and Johnson; City Manager Grimes; Assistant City Manager McWethy, City Attorney McCord; City Clerk Kennedy; 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. REZONING/DICKSON & WEST/PETITIONER: BURLINGTON NORTHERN RAILWAY Mayor Noland introduced Rezoning Petition R83-12, to rezone 1.5 acres located on the northwest corner of West Dickson Street and West Avenue, submitted by George Faucette, Jr. for Burlington Northern Railway. On September 26, the Planning Commission recommended approval of rezoning from I-1 "Heavy Commercial and Light Industrial" to C-2 "Central Business Commercial". This request was left on first and second readings at the meetings of October 18 and November 1. Director Bumpass informed the Board he had been contacted by attorneys for Burlington Northern Railway who requested this item be tabled, that representatives for the property will provide additional information before the next meeting on some other properties which would be affected by the rezoning. Director Bumpass, seconded by Director Orton, made a motion to table this item. Upon roll call, the motion passed, 6-0, with Director Lancaster absent. REZONING APPEAL/SE OF PORTER-DEANE INTERSECTION/PETITIONER: GORDON HOUSTON Mayor Noland introduced an appeal of a decision by the Planning Commission to deny Rezoning Petition R83-17, to rezone 5.27 acres located south and east of the intersection of Porter Road and Deane Street, from R-1 "Low Density Residential" to R-2 "Medium Density Residential". Petitioner Gordon Houston was present and stated he 217.1 217.2 217.3 a- 21h 11-15-83 218.1 felt the Planning Commission did not bring up the fact that his intent was to construct condominiums. There were no comments expressed from the audience either in favor of or in opposition to this petition. 218.2 Director Orton, seconded by Director Johnson, made a motion to uphold the decision of the Planning Commission. 218.3 Director Osborne expressed the opinion that denial of the petition goes against the recommendation of the City's Planning Consultant, Larry Wood; that this constitutes discrimination against Mr. Houston in that he is not allowed to develop his property in the manner he wishes; Osborne also suggested the possibility of approving the rezoning but with a Bill of Assurance placing some restrictions on the development. 218.4 City Attorney McCord asked the Board to keep in mind the law of zoning is that a property owner is not entitled to the most profitable use of his land but a reasonable use. He recommended the Board consider whether the existing zoning would allow Houston to put his land to a reasonable use. McCord also pointed out the Planning Consultant's recommendation should not be the most binding consideration but whether or not the property owner is being deprived of reasonable use. 218.5 Director Orton stated she thought drainage problems should be considered. Director Osborne thought it was unfair to deny rezoning for this property because the area has poor drainage and that the drainage problems can be addressed within the large scale development approval process. 218.6 Director Bumpass asked if the petitioner could be required to make certain drainage improvements through a large scale development. City Attorney McCord explained that, regardless of zoning, large scale development approval can be made contingent upon the installation of drainage improvements, but only for that site. 218.7 Director Sharp reminded the Board that the Planning Commission had not made a rash denial in that they had considered this petition on five different occasions and had done a study which recommended high density for the area; the Planning Commission subsequently refused to adopt the study which was for the entire area, not just for Houston's property. Sharp also pointed out there were other consid- erations for the denial besides drainage. 218.8 Mr. Houston stated his property is in the 500 -year flood plain, he has spent $3,000 having the property "engineered" and the natural drainage is to an improved bridge on Porter Road. 218.9 Director Johnson asked if condominiums could be built under R-1 zoning and McCord stated condominiums are defined as owner -occupied units, but that conditional use approval may be granted for duplexes in the R-1 zoning district. Houston stated that, although the R-2 zoning allows a density of 24 families per acre, his intention is for no more than 12 per acre. 11-15-83 After further discussion, upon roll call the motion to uphold the decision of the Planning Commission was passed, 5-1, with Director Osborne voting "nay". ACT 9 BONDS/MEMORANDUM OF INTENT/NW AR FARM COOP PROJECT Mayor Noland introduced for consideration a resolution authorizing the Mayor and City Clerk to execute a Memorandum of Intent regarding the issuance of $750,000 in Act 9 Industrial Development Revenue Bonds. City Attorney McCord referred to the letter in the agenda from Wright, Lindsey & Jennings, attorneys for the Northwest Arkansas Farm Coop Project. Their representative, Clay Price, was present, as well as Richard Cooper and others representating the Northwest Arkansas Farm Coop Project. Mr. Price explained the resolution would authorize a Memorandum of Intent, a first step towards issuance of the bonds, necessary for tax purposes and to authorize all action hereafter to be reimbursed from Bond proceeds. Richard Cooper said the financing of the Northwest Arkansas Farm Coop Project would continue employment for 40 to 50 persons in Fayetteville and that the feed mill facility serves 8 to 10,000 customers. He stated their membership goal is to have 2,000 members by December 1 and eventually for a total membership of 3,500. Membership dues are $50 and are intended to be used for operating costs. Price said the resolution would also authorize the Northwest Arkansas Farm Coop Project to retain the services of a financial advisor. Mayor Noland asked Norman Findahl, owner of American Milling Company, if he had any comments. Findahl stated he thought it was discriminatory for this new Coop Project to obtain, with the City's help, low-interest financing, whereas he must borrow money at 13% interest. City Attorney McCord explained that Findahl has the right, under Act 9, to request the City Board to issue tax exempt bonds for any project he may wish to undertake. Bob Ashworth, member of the original Farm Service Coop, expressed some concern that his tax dollars would go up. Mayor Noland explained that if the Act 9 bonds are issued, the City would not have any liability in the event the Northwest Arkansas Farm Coop Project should go bankrupt or default on the repayment of the bonds - nor is there any additional tax millage for the citizens to pay associated with this revenue bond issue. Mr. Price explained the bonds would be secured by a first lien on the property. Director Bumpass noted most Act 9 bond issues which have been approved in the past have been for new industries, but in this case it is a "re -finance"; Bumpass questioned whether the Board would want to issue more Act 9 bonds to other entities if the Northwest Arkansas Farm Coop Project fails. Bumpass asked how the bond money would be used. Fred Hunt, speaking for the Northwest Arkansas Farm Coop Project, stated most of the bond money would go into the mill and retail operations. McCord explained, under IRS regulations, 90% of bond proceeds must be used for capital acquisition costs. 219 219.1 219.2 219.3 219.4 219.5 219.6 2u 11-15-83 220.1 After further discussion, Director Bumpass, seconded by Director Orton, made a motion to pass the resolution. Director Sharp stated he could not vote on this issue, as he is a stockholder in the original Farm Service Coop which became Goldkist. 220.2 Mayor Noland stated he thought the Northwest Arkansas Farm Coop Project would be a real asset to the people of Washington County and that he thought the farm traffic was important to the City. 220.3 Upon roll call, the motion passed, 5-0-1, with Director Sharp abstaining. RESOLUTION N0.133-83 APPEARS ON PAGE //5'[J OF ORDINANCE & RESOLUTION BOOK XVil SIGN APPEAL/NORTHWEST ARKANSAS PLAZA 220.4 Mayor Noland introduced for consideration an appeal from the literal requirements of the Sign Ordinance submitted by Northwest Arkansas Plaza. Mayor Noland explained the free-standing sign has been in its present location since before Shiloh Drive was built. He said the ordinance requires a 40 foot setback from street right-of-way and the sign is only 12 feet back from the Shiloh Drive right-of-way. 220.5 Attorney Jack Butt was present to represent the petitioner. He explained that in 1972 (when Shiloh Drive was privately owned) the sign was set back 56 feet from the nearest public road (which was Highway 71) and was in compliance with the ordinance. Butt stated the only reason a variance is now needed is because Shiloh Drive has been dedicated as a public street. He stated the sign is in compliance with square footage and height requirements. 220.6 After further discussion, Director Johnson, seconded by Director Osborne, made a motion to approve the variance. Jpon roll call, the motion passed unanimously. CONTRACT/VALUE ENGINEERING STUDY/BLACK & VEATCH ENGINEERS 220.7 Mayor Noland introduced for consideration a resolution authorizing the Mayor and City Clerk to execute a contract with Black & Veatch Engineers for a "Value Engineering Study" of the design effort on our new wastewater treatment plant at a not -to -exceed fee of $26,500. 220.8 Director Bumpass, seconded by Director Johnson, made a motion to pass the resolution. 220.9 Mayor Noland noted this action is in compliance with EPA regulations. Noland asked Bumpass if the intent of his motion was to enter into a separate contract with Black & Veatch or to amend the current rate study contract. Bumpass stated he preferred a 1 1 11-15-83 separate contract. Upon roll call, the motion passed unanimously. RESOLUTION NO. 134-83 APPEARS ON PAGE LIS S OF ORDINANCE & RESOLUTION BOOK )(Vo HR2917/WILDERNESS BILL/RESOLUTION OF'SUPPORT Mayor Noland introduced for consideration a resolution endorsing House Resolution 2917 (the Bethune Bill) which seeks to designate certain public lands in North-Central, Northwestern and Western Arkansas as additions to the National Wilderness Preservation System. Noland noted this Bill would designate as Wilderness Area land already owned by the federal government. Tom McKinney was present to answer questions. Director Orton, seconded by Director Sharp, made a motion to pass the resolution. Upon roll call, the motion passed unanimously and Mayor Noland stated the resolution would be sent to the appropriate legislative officials. RESOLUTION NO. 135-83APPEARS ON PAGE q(93. OF ORDINANCE & RESOLUTION BOOK XVII . MINORITY RESOLUTION/UNIVERSITY OF ARKANSAS Mayor Noland introduced for consideration a resolution stating that the City would work with the University's Student Services Division "to try and meet needs of minority students" in the City. Director Sharp, seconded by Director Orton, made a motion to pass the resolution. Director Osborne asked for clarification on this resolution and City Manager Grimes explained it was simply a reaffirmation of former commitments the City has made with regard to housing and non-discrimination for minority students. Upon roll call, the motion passed unanimously. RESOLUTION NO.136-83 APPEARS ON PAGE i OF ORDINANCE & RESOLUTION BOOK X Vl\ . SNOW REMOVAL/DRAKE FIELD/CONTRACT WITH McCLINTON-ANCHOR Mayor Noland introduced for consideration a resolution author- izing the Mayor and City Clerk to execute a contract with McClinton - Anchor for snow removal services at Drake Field during the winter of 1983-1984, at last year's rates. Director Johnson, seconded by Director Sharp, made a motion to pass the resolution. City Manager Grimes confirmed that if there is a light winter, the charges would be lower, on an as -needed basis. Upon roll call, the motion passed unanimously. RESOLUTION NO.137-83 APPEARS ON PAGE LIQ& OF ORDINANCE & RESOLUTION BOOK Alt . 221 221.1 221.2 221.3 221.4 221.5 221.6 221.7 22 ti 11-15-83 BUDGET ADJUSTMENTS 222.1 Mayor Noland introduced a report from the Board Finance Committee regarding certain budget adjustments considered and recommended at the November 3 Finance Committee meeting. 222.2 Director Osborne, seconded by Director Orton, made a motion to approve the budget adjustments. 222.3 The Mayor explained most of the adjustments were for expenses not anticipated when the 1983 budget was formulated and that these are cost overruns which must be approved by the Board in order to comply with auditing regulations. 222.4 Director Bumpass asked if Item 001-444 (Pension Contributions for Municipal Judge) had been resolved. City Attorney McCord said he had discussed this item with County Attorney Ginger Parker who has issued a written opinion to the County Quorum Court addressing this issue. He stated he has preliminarily reviewed her opinion and it appears to be correct, but he wishes to research it further. He suggested approving the budget adjustments, deleting that item, until he has had a chance to take some course of action. Director Osborne agreed to amend his motion to approve the budget adjustments, with the exception of Item 001-444. Upon roll call, the motion passed unanimously. RESOLUTION NO. 138-83 APPEARS ON PAGE y 7(p OF ORDINANCE & RESOLUTION BOOK y y,, SEWER EASEMENT/BURLINGTON NORTHERN RAILROAD/ANDREW CORPORATION 222.5 Mayor Noland introduced a request for retroactive approval of an agreement with Burlington Northern Railroad for an easement to allow the crossing of their tracks with a 12" sewer line to serve the Andrew Corporation located in the Industrial Park. 222.6 City Manager Grimes stated a question had come up as to whether or not this right-of-way was ever dedicated to Burlington Northern Railroad and he asked that this request be tabled until the next meeting. 222.7 Director Bumpass, seconded by Director Johnson, made a motion to table the request, based on the recommendation of the City Manager. Upon roll call, the motion passed unanimously. BID AWARDS Bid #544/Video Equipment/Police Department & Municipal Court 222.8 Mayor Noland noted Bid #544 was tabled at the last meeting until information could be obtained regarding compatability of this purchase with other future purchases of video equipment for the new City Hall. 222.9 Purchasing Agent Sturman Mackey stated there is a proposal to drop one monitor (CT 9022 19" TV). He stated Mission Supply remains the low bidder. 1 1 1 1 • 11-15-83 Director Orton explained the monitor being deleted was to be used in the Board Room. When the bids are let fort -the other equipment for the Board Room, the Board will then decide what kind of monitor will be purchased (since Municipal Court will use the same monitor). Mayor Noland mentioned the Washington County Medical Society is donating $1,000 towards the expense of the equipment for the Municipal Court. Director Orton noted the equipment would be used primarily for taping bookings and tests of DWI offendors to then be used in the courtroom. Upon roll call, the motion passed unanimously. Bid #545/Backhoes/Water and Sewer Department The recommendation of Purchasing Agent Mackey for two different sized backhoes for the Water and Sewer Department is that the bid be awarded to each of the low bidders, Twin City Ford of North Little Rock and R.A.Y. Young of Fort Smith. Director Johnson, seconded by Director Bumpass, made a motion to award the bid as recommended. Upon roll call, the motion passed unanimously. Bid #547/TOC Analyzer/Pollution Control Plant The recommendation of Purchasing Agent Mackey for a Total Organic Carbon Analyzer for the Pollution Control Plant is that the bid be awarded to the low bidder, Astro Resources International Corporation of League City, Texas. Director Bumpass, seconded by Director Osborne, made a motion to award the bid to the low bidder as recommended. Upon roll call, the motion passed unanimously. OTHER BUSINESS Mayor Noland announced there is a Pollution Control Commission hearing in Little Rock on Friday, November 18 and the City hopes to have representation there to plead the case for funding which might be available. Green Space Ordinance Director Orton reported there has been a ,judgment on the Green Space Ordinance case and expressed hopes that the City follow through on this soon. She stated the Parks Board has a detailed plan which they feel will meet the judge's qualifications. City Attorney McCord said it might be helpful if the Board would pass a resolution instructing the Planning Commission to recommend that the Board amend the official Parks Plan to designate specific areas where future parks sites are needed. 223 223.1 223.2 223.3 223.4 223.5 223.6 223.7 223.8 223.9 11-15-83 224 224.1 Director Orton, seconded by Director Sharp, made a motion that the Parks Board present their Parks Plan to the Planning Commission so that action can be taken by the Board of Directors to amend the Parks Plan. Upon roll call, the motion passed unanimously. RESOLUTION N0.139-83 APPEARS ON PAGE yi y OF ORDINANCE & RESOLUTION BKXV.i Car Impoundment Device/Traffic Department 224.2 Director Osborne referred to the letter from Perry Franklin, Traffic Superintendent, regarding the new car impounding device. Osborne asked the feeling of the Board on amending Ordinance 2882 which does not allow impoundment until after a sixth parking ticket has been issued. Osborne said he thought if a person already had five unpaid tickets, there is no point in waiting until they receive the sixth ticket to impound their car. 224.3 City Attorney McCord stated the Ordinance was written as it is for a specific reason; he stated he would re -consult his research to see if an amendment, as Osborne suggests, would satisfy constitutional requirements. Building Maintenance Employee/Approval of Full -Time Status 224.4 Director Osborne asked the Board if they wished to take action on the recommendation of Assistant City Manager McWethy that a permanent, part-time Building Maintenance employee be given full-time status. 224.5 Mayor Noland explained that this employee, because of increased work load, has been working full 40 -hour weeks for quite some time but has not been receiving the same benefits as other full-time employees because of his part-time status (vacation, sick leave, etc.). 224.6 Director Osborne, seconded by Director Orton, made a motion to approve the recommendation for full-time status. 224.7 Director Bumpass asked why the Board is being asked to take action instead of the Personnel Office. McWethy explained the Finance Department will not change this employee's status without Board action. City Manager Grimes explained Board action is necessary because this was not a budgeted item and also stated that, with the move to the new City Hall, there will be even more need for this employee to work on a full-time basis. 224.8 Upon roll call, the motion passed unanimously. Police and Fire Committee Meeting/City-Wide Communications System 224.9 Director Bumpass said he had sent a letter to those who attended the Police and Fire Committee meeting on the city-wide communications system in which he said the negative aspects of the 800 Hz Trunking System have been addressed and in which he asks for additional input on the 800 system. Bumpass explained the 800 system is basically a computer which allows all agencies throughout the City to share five 1 1 11-15-83 different channels in,sequence, whereas with the 450 (non -trunk) system, agencies have separate channels and cannot talk with one another. Although the 800 system is more expensive, Bumpass mentioned some entities have leased additional space to outside agencies, charging them for use. City Attorney McCord stated he did not think there would be a problem with leasing space to other governmental agencies; that it might also be possible to lease to private or quasi -private entities. Bumpass said there is only one 450 channel remaining open in our area and there is a multitude of bands open for the 800 system; he suggested the possibility of setting up specifications for both systems. Director Osborne suggested reserving a 450 system, in light of the fact there is only one channel available. Director Noland noted Oklahoma City has had an 800 system in oper- ation for about a year and suggested department representatives might visit Oklahoma City staff working in the field to evaluate their system. Noland also suggested the Board look at bids for both systems. Director Noland asked Bumpass if he thought bidding companies would bid with or without trade-in of existing equipment. Bumpass said, although we do have some salvage value from our existing equipment, we cannot sell our existing FCC license. Director Orton asked if expensive maintenance would be needed to maintain the 800 system. Bumpass said a local company, "Smith Two - Way Radio" has said they can provide maintenance. As far as the question of a deadline on making a decision, Bumpass noted the City's existing equipment is very old and the FCC has asked that "we clean up our act". There was discussion on bidding the 800 system with deductive alternates and it was decided that Director Bumpass's committee would come up with a list of basic needs and report back to the Board. It was also decided that a group would visit Oklahoma City to evaluate their 800 system in the field. Paint Color/West Side Hangar at Drake Field Director Johnson reported that since the turquoise color is no longer available and since the east side T -hangars will be grey, she and Airport Manager Hogue suggest the color "Mitchell Sand" for the west side hangar at Drake Field. Director Johnson, seconded by Director Orton, made a motion to use the color "Mitchell Sand" for the west side hangar at Drake Field. Upon roll call, the motion passed unanimously. Meeting/City Hall Committee Director Johnson said several Board members had toured the new City Hall today and found several items they wish to discuss with the architect in a City Hall Committee meeting. Director Bumpass noted the interior decorator also wishes to meet with the committee. It was decided to try and schedule a meeting for November 16, 4:00, Chamber of Commerce. 225' 225.1 225.2 225.3 225.4 225.5 225.6 225.7 225.8 225.9 225.10 22e 11-15-83 MINUTES 226.1 The following corrections were made to the minutes of the November 1, 1983 regular Board meeting: 226.2 Paragraph 210.7: Change "lispendens" to "lis pendens" 226.3 Paragraph 211.2: Add "However, the property to be designated as Wilderness already belongs to the federal government." 226.4 Paragraph 214.8: The last sentence should read "He stated the complaint was filed in Circuit Court for the purpose of acquiring land needed for future street improvements." 226.5 Paragraph 216.1: The last two sentences should read "The ordinance did not sufficiently define the City's Parks Plan . . ." and "Mr. McCord stated he had not yet received a copy of the court's decision, but he felt the Board could enforce the ordinance by amending the Parks Plan..." 226.6 With those corrections, the minutes were approved. ADJOURNMENT 226.7 With no further business, the meeting adjourned at 9:15 P.M. 1 1 1