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HomeMy WebLinkAbout1983-12-20 Minutes1 MINUTES OF.A REGULAR BOARD OF DIRECTORS 'MEETING A regular meeting of the Board of Directors of the City of Fayetteville was held at 7:30 P.M. on December 20, 1983 at the Chamber of Commerce, 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. SIGN_APPEAL/FIRST UNITED PRESBYTERIAN CHURCH Mayor Noland introduced an appeal from the literal provisions of the Sign Ordinance submitted by First United Presbyterian Church for a sign located at the southwest corner of the intersection of Old Wire Road and Calvin Street. Mayor Noland explained the petitioner is requesting permission to erect a four square foot free-standing directional sign in an R-1 zoning district, at a setback between three feet and 20 feet from the surfaces of Old Wire Road and Calvin Street; that no off-site free-standing signs are allowed in residential zoning districts nor are they allowed closer than 15 feet to street rights-of- way unless the Board determines that strict enforcement would cause practical difficulties due to circumstances unique to the individual sign under consideration. Charles Harwell was present for the appeal. Mr. Harwell addressed the Board, stating the church's reason for requesting the variance is so out of town visitors can recognize the facility. Harwell stated the two streets which provide access to the church are both dead-end streets. He said the setback they ask for is ten feet from the surface of Old Wire Road and in excess of 25 feet from the surface of Calvin Street. Harwell explained there is a utility pole approximately 14 feet from Old Wire Road, with a deep gulley between the utility pole and Old Wire Road and they wish to place the sign post on the other side of the gulley so it will not impede mowing by City vehicles. He stated they have out of town visitors about 12 times a year. Director Sharp pointed out the church is also used as a community facility. Sharp asked if there was a provision in the Ordinance which allows directional signs and City Attorney McCord said the Ordinance was 254 254.1 . 254.2 254.3 12-20-83 255.1 amended to authorize directional signs, as a result of a need indicated by the Mount Sequoyah Methodist Assembly. McCord said what was authorized for the Assembly was the use of directional street signs on public property. He stated this appeal is con- sistent with the criteria for directional signs but the variance is required because it is a free-standing sign to be located in a residential district. City Attorney McCord read from the Ordinance the limitations on placing signs on public property. He stated the Assembly is a facility directed principally at out of town patrons while this facility is not. 255.2 Director Osborne, seconded by Sharp, made a motion to approve the variance. Upon roll call, the motion was passed, 6-0, with Director Lancaster absent. SIGN APPEAL/HOLIDAY INN 255.3 Mayor Noland introduced an appeal from the literal provisions of the Sign Ordinance submitted by the Holiday Inn at 2402 North College Avenue in a C-2, Thoroughfare Commercial District. The Mayor explained the petitioner requests permission to erect a 251 square foot free- standing sign at a 20 foot setback from street right-of-way; that the maximum size of a free standing sign is 75 square feet at a 40 foot setback, unless the Board determines that strict enforcement would cause practical difficulties due to circumstances unique to the individual sign under consideration. E. J. Ball was present to represent the appeal. 255.4 City Attorney McCord presented background information regarding the appeal. McCord stated in 1977 the Arkansas Supreme Court ruled that the amortization provision, which requires that non -conforming signs be removed or altered to conform, could not be constitutionally applied to the Holiday Inn sign because of the evidence in that case. That decision, McCord stated, left unanswered the question of whether the amortization provision was constitutional on its face and could be applied to other sign owners under different facts. McCord said that question was finally answered by the Arkansas Supreme Court in March of 1983 in the case of City of Fayetteville vs. Mcllroy Bank and others where the court clearly held that the amortization provision is constitutional on its face and could be applied to the plaintiffs in that case. McCord said the Board needs to realize the Supreme Court's decision in Mctlroy Bank does not conclusively establish that the City may now apply the amortization requirement to the Holiday Inn because of the doctrine of "the law of the case" (the rule that the matters decided upon one appeal become the law of the case and govern a second appeal, even though it might have been wrong in the first instance). McCord also stated "the law of the case" does not apply where there are different parties - the parties would be the same if the City attempted to enforce the requirement here because S & H, Inc. is still the owner of the sign in question. McCord said if the Board wanted to 1 1 1 12-20-83 enforce the requirement, a logical argument could be made that the doctrine should not apply in amortizationcases because the property owner has had additional time to recoup his investment. He stated there is no case law he can find holding that the doctrine does or does not apply and in his view the City has a 50-50 chance if it chose to try to apply the Ordinance. McCord also noted the variance application was precipitated by inquiries from his office as to whether the Holiday Inn would be willing to remove the existing sign if the City bore the cost, a position the Board chose to take. E. J. Ball addressed the Board, stating although the appeal is being filed by Holiday Inn, the owner of the Holiday Ind and the:_sign is S & H, Inc. He stated the Holiday Inn is satisfied with its existing sign and he also stated he is present by invitation; that otherwise he would just as soon withdraw the appeal. Mayor Noland suggested the Board might consider three choices: 1) to leave the sign as is; 2) to approve the variance for the new sign; or 3) to deny the variance. Director Orton stated she felt the Board's decision should be based on justice, as other motels in Fayetteville have taken down their signs and replaced them with ones which conform to the Ordinance, stating it is unfair for the Holiday Inn to be allowed to have a sign which does not conform to the Ordinance. Director Johnson noted this is the smallest sign the Holiday Inn makes, and she stated other motels in town are not national chains. McCord stated the Board should be aware other motel owners in town have complied with the ordinance as a result of the Arkansas Supreme Court's decision in Mcllroy Bank; that the proposal is to reduce the existing sign which is approximately 450 square feet. Director Sharp noted there is a Holiday Inn in Colorado which is very busy and has a very small sign. McCord stated the Holiday Inn has designed its new signs to fit on the existing supporting structures. Director Sharp stated he could not vote to allow a 250 square foot sign for the Holiday Inn when competing motel owners are compelled to have smaller signs. E. J. Ball stated his client has an injunction against the Board to keep the existing sign, and that the "Chief Motel" is a party in that litigation. Director Orton stated, if a new sign is erected, it should conform to the Ordinance and it doesn't make any difference that the new sign is smaller than the present sign. Orton, seconded by Sharp, made a motion to deny the appeal. Director Johnson asked if the motion should fail, would it mean the appeal has been granted. Director Osborne stated it would not. Mayor Noland asked Mr. Ball if he wished to withdraw his appeal and he asked that the Board vote on the motion. Upon roll call, the motion failed, 3-3, with Directors Orton, Sharp and Noland voting to deny the appeal and Directors Johnson, Osborne and Bumpass voting against the motion. 256: . 256.1 256.2 256.3 256.4 256.5 256.5 2b 12-20-83 257.1 Director Osborne, seconded by Johnson, made a motion to grant the variance as requested. Upon roll call, the motion failed, 3-3, with Directors Orton, Sharp and Noland voting against the motion. 257.2 Director Osborne, seconded by Johnson, made a motion to table the appeal until Director Lancaster is present. Upon roll call, the motion passed unanimously. PARKS PLAN/CHARLES J. FINGER PARK 257.3 Mayor Noland introduced a resolution adopting the Master Plan for Charles J. Finger Park, unanimously recommended for approval by the Parks & Recreation Advisory Board on November 29. Landscape Architect Al Einert was present to represent the Plan. 257.4 Director Osborne, seconded by Johnson, made a motion to approve the resolution. Upon roll call, the motion passed unanimously. 257.5 City Attorney McCord stated he had met with the Chairman of the Parks Board, the Chairman of the Planning Commission and the Assistant Parks Director regarding amending the Parks Plan insofar as coming into compliance with the Supreme Court decision regarding the Green Space Ordinance, that Planning Consultant Larry Wood has prepared a proposed amendment to the Plan which will go before the Planning Commission at a public hearing. McCord stated, after the Board endorses this Plan, they hopefully can begin enforcing the ordinance again. RESOLUTION NO.154-83 APPEARS ON PAGE ±51 OF ORDINANCE AND RESOLUTION BOOK REZONING PETITION R83-23/MORNINGSIDE DRIVE 257.6 Mayor Noland introduced an ordinance rezoning property as requested in Rezoning Petition R83-23 for 8.15 acres located on the west side of Morningside Drive approximately 700 feet south of E. Fifteenth Street. The petitioner, Laverne Cooper (for Hazel and Bill Chandler) is requesting a change from R-2, Medium Density Residential, to A-1, Agricultural. The Mayor stated the Planning Commission recommended approval, 5-0. 257.7 City Attorney McCord read the ordinance for the first time. Mayor Noland, seconded by Johnson, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed unanimously. McCord read the ordinance for the second time. Director Johnson, seconded by Bumpass, made a motion to further suspend the rules and place the ordinance on third and final reading. Upon roll call, the motion passed unanimously and the City Attorney read the ordinance for the final time. 1 1 1 12-20-83 The Mayor asked if there was anyone present who wished to speak against the petition. There was no response. Director Osborne asked why the petitioner desires the change from R-2 to A-1 and City Attorney McCord explained the petitioner wishes to have a mobile home which is only permitted in an A-1 zoning district with at least three acres .(on a temporary basis). McCord stated Planning Consultant Larry Wood did not recommend the change because it was inconsistent with the General Land Use Plan which recommends industrial zoning. Mrs. Cooper addressed the Board, stating they are still considering placing a mobile home on the property but, because it is not popular, they may decide against this idea. Upon roll call, the -ordinance passed unanimously. ORDINANCE NO. 2967 APPEARS ON PAGE pyo OF ORDINANCE AND RESOLUTION BOOK AV/ REZONING APPEAL/HIGHWAY 16 WEST/B. W. GRAUE Mayor Noland introduced an appeal of a decision by the Planning Commission regarding the failure to recommend approval of rezoning petition R83-22, submitted by B. W. Graue. The change requested is for 1.5 acres located south of Highway 16 West and east of Carriage Way, from A-1, Agricultural to R-0, Residential Office District. The Planning Commission's motion to approve the rezoning failed 3-2, for a lack of five affirmative votes. B. W. Graue was present to represent the appeal. Mr. Graue addressed the Board, stating he thought, at the time of annexation, R-0 zoning was recommended from Ruple Road west to his property, and now he is told it is slated for R-2 zoning. He stated in the past the house has been used as an antique store and as a real estate office, that he thought R-0 zoning would conform to the adjacent zoning. Mayor Noland, referring to the recent sewerage and drainage study done on the newly annexed area, asked Graue what provisions he would make regarding sewer and drainage for his property. Graue stated he has two 1,000 gallon septic tanks on his 11/2 acres but said, if sewer were available, he would wish to be on sewer. Mayor Noland remarked the question of how to sewer that area remains a dilemma. Mr. Graue told the.Board he did not ask for a conditional use from the Planning Commission because Planning Administrator Jones recommended he petition for rezoning to R-0 first and then ask for a conditional use. The City Attorney explained Mr. Graue cannot ask for a conditional use for multi -family housing.under the present'A-1- 258 258.1 258.2 258.3 258.4 258.5 258.6 258.7 2i?:i 12-20-83 259.1 zoning district but if the property were zoned R-2, multi -family housing would be a use by right. Director Sharp suggested the petitioner be sent back to the Planning Commission with a request for rezoning to R-2 instead. McCord stated the Board has the authority to rezone the property to R-2 without sending it back to the Planning Commission if they so desire. Director Osborne pointed out the problem with recommending R-2 far the property is the lack of sewer. 259.2 Director Sharp said it bothered him that only five commissioners were present to vote on this petition and he made a motion to refer it back to the Planning Commission for consideration of R-2 zoning. Director Johnson seconded the motion. Director Osborne stated he would like the commissioners to discuss the possibility of allowing a Bill of Assurance to limit the use to the existing structure, for 1-6 persons (because of sewer concerns). Graue explained that he intended to have a boarding house for senior citizens, not apartments. Upon roll call, the motion passed unanimously. VEHICLE IMMOBILIZATION/ORDINANCE TO AMEND CITY CODE 259.3 Mayor Noland introduced an ordinance amending the City Code by authorizing the immobilization of an illegally parked motor vehicle. City Attorney McCord said the ordinance was precipitated by previous discussions among the Board members that the present ordinance (requiring a minimum of five parking tickets before immobilization) is unduly lax. McCord said the new ordinance would prescribe no minimum requirement of outstanding parking tickets but, if passed, there still can be a policy established that a certain number of tickets can be accumulated before the ordinance is enforced. 259.4 City Attorney McCord read the ordinance for the first time. Director Osborne, seconded by Bumpass, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed unanimously. McCord read the ordinance for the second time. Director Osborne, seconded by Bumpass, made a motion to further suspend the rules and place the ordinance on third and final reading. Upon roll call, the motion passed unanimously and McCord read the ordinance for the final time. Upon roll call, the ordinance passed unanimously. ORDINANCE NO.2968 APPEARS ON PAGE 0I1.Z OF ORDINANCE AND RESOLUTION BOOK Via PROPERTY SALE/S.COLLEGE AVE. & ARCHIBALD YELL BLVD. 259.5 Mayor Noland introduced a resolution authorizing the Mayor and City Clerk to execute a quitclaim deed to a triangular parcel 1 1 12-20-83 located at the intersection of S. College Avenue and Archibald Yell Boulevard. The Mayor explained the adjoining property owner to the south has offered to purchase this parcel atl the fair market value of $250.00. Assistant City Manager McWethy stated the dimensions of the parcel are approximately 110 ft. north and south on S. College Avenue by about 88 ft. east and west on the west side of the triangle by about 127 ft. along the curve of Archibald Yell. George Blackwell addressed the Board, stating that courthouse records show this property, as well as property to the south, is in the name of Steve Anderson. He asked if the City had a deed to the property. Director Osborne pointed out the property, because of its size, is of no use to the City. Blackwell asked about zoning and City Manager Grimes stated the property is zoned R-0, Residential Office but, because of its size, considering setback and parking requirements, it cannot be used for building. Blackwell asked why the property had not been put up for auction. Mayor Noland explained the adjacent property owner wishes to purchase the parcel and no one else can put it to good use. Blackwell asked the Board to withhold taking action on the property and he indicated he wished to purchase the property. McWethy explained the City acquired several parcels in 1950 for residual street right-of-way to build Archibald Yell Boulevard; that some of the residual parcels were later sold off but there is no evidence that this parcel has ever been sold, although the courthouse may reflect it is owned by Steve Anderson. McWethy explained it is for this reason that a quitclaim deed is offered rather than a warranty deed. Director Johnson, seconded by Osborne, made a motion to pass the resolution, although Osborne expressed some reservations, asking if the Board should be taking written, sealed bids. McCord stated this is a policy question for the Board to decide. Director Johnson agreed to restate her motion to request sealed bids. The motion was seconded by Osborne and upon roll call passed unanimously. AIRPORT ADVERTISING/BEST WESTERN -THE INN Mayor Noland introduced a resolution authorizing the one-year extension of a lease agreement between the City and Best Western/The Inn, for advertising space in the airport terminal building, under the same terms and conditions as in the original lease. Director Johnson, seconded by Osborne, made a motion to pass the resolution. Upon roll call the motion passed unanimously. RESOLUTION NO, 155-83 APPEARS ON PAGE 91/2 OF ORDINANCE AND RESOLUTION BOOK 10/[11 260 260.1 260.2 260.3 260.4 260.5 260.6 260.7 2*31 12-20-83 WAIVER OF COMPETITIVE BIDDING/HYDRATED LIME 261.1 Mayor Noland introduced an ordinance waiving competitive bidding requirements and authorization of the purchase of hydrated lime for the Pollution Control Plant. 261.2 City Attorney McCord read the ordinance for the first time. Director Osborne, seconded by Bumpass, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed unanimously. The City Attorney read the ordinance for the second time. Director Osborne, seconded by Bumpass, made a motion to further suspend the rules and place the ordinance on third and final reading. Upon roll call the motion passed unanimously. McCord read the ordinance for the final time. Upon roll call, the ordinance passed unanimously. ORDINANCE NO. 2969 APPEARS ON PAGE 044 OF ORDINANCE AND RESOLUTION BOOK BVI BID AWARD/POLYMERS 261.3 Mayor Noland stated the recommendation of Purchasing Agent Mackey is for the award of the bid for polymers for the Pollution Control Plant to the low bidder, Nalco Chemical Co. at $1.10 per pound. 261.4 Director Johnson, seconded by Bumpass, made a motion to award the bid to the low bidder. Upon roll call, the motion passed unanimously. BID AWARD/ENGINE ANALYZER 261.5 Mayor Noland stated bid invitations on the engine analyzer for the City Shop were sent to four local auto parts houses and one bid was received from Auto Parts, Inc. for $2,940.00 which is budgeted in the 1983 budget. 261.6 Director Johnson, seconded by Bumpass, made a motion to award the bid to Auto Parts, Inc. Upon roll call, the motion passed unanimously. OTHER BUSINESS Comments from CH2M Hill 261.7 Rick Hirsekorn, representing CH2M Hill, addressed the Board. Hirsekorn stated the Preliminary Design Report on the Wastewater 1 1 1 1 12-20-83 Project has been completed. He stated the Report included Volume 'I, the Summary Report; Volume II, the Collection System Improvements; Volume III, the Wastewater Treatment Plant; Volume IV, the Effluent Storage Reservoir and Pump Station; and Volume V, the Sludge Management Plan. Hirsekorn stated a pipeline from the pump station, to convey the treated effluent up to the sludge management.)site, is included in the Sludge Management Plan, for use on that site during periods of extreme drought. He stated a new administration operations building and lab building is included as part of the treatment plant - he stated the old facility will be utilized for certain necessary treat- ment plant processes and sludge processing. He stated the new building is intended to house the electrical equipment, the laboratory, and offices for the staff. Hirsekorn stated the total cost estimate, for the collection system, the treatment plant and sludge management system, including administration, engineering and land purchase is $25,725,000. Hirsekorn stated this estimate is 7% higher than what was originally estimated. Hirsekorn reported the cooperative sludge application will be taken to the dedicated site and utilized there; the cooperative aspects to the program are still available to be developed. Because of lack of commitments from farmers, the engineers do not recommend at this time financing further extension of the lines. Director Orton asked if the Mud Creek pump station would be used either to pump the water up Mud Creek in the fall or to pump the effluent over for irrigation. Hirsekorn stated, depending on need on the sludge management site, it could be used during the critical time of the year strictly to go to the sludge manage- ment site. Mayor Noland asked if the dedicated site would be adequate to handle the City's needs during the early years. Hirsekorn said during the initial years there might be more effluent than sludge, but that this will be dependent upon the weather. Mayor Noland asked, regarding the reno- vations planned for the various pumping stations, would there be an improvement in the odor situation. Hirsekorn said the details have not been spelled out but deficiencies will be corrected with regard to over- flows and odors. City Manager Grimes reported advance approval has been granted by the Department of Pollution Control and Ecology for the aerators planned as interim improvements to the existing wastewater treatment plant; he stated the DPC & E will participate in 75% grant funding. Hirsekorn stated one additional aerator would be installed in the center of each existing aeration basin. He stated those aerators would later be shifted over to the new wastewater treatment plant. Grants Priority List Lawsuit Mayor Noland introduced a resolution directing the City Attorney to dismiss with prejudice the City's pending lawsuit in Washington County Circuit Court challenging the fiscal year 1984 priority system and list established by the Arkansas Commission on Pollution Control and Ecology. Mayor Noland referred to a memorandum the City Attorney sent to the Board stating the lawsuit could be pursued, but that Pollution Control staff and Commission members have indicated additional funds would be available for re -allocation to the City of Fayetteville since it is next on the priority list. Mayor Noland stated this could mean the restoration of $3.6 million which was deleted from the City's project funds. 262 262.1 262.2 262.3 26a 263.1 263.2 12-20-83 Director Osborne stated he would be in favor of the dismissal of the lawsuit, stating he hoped the Commission would feel the same obligation to Fayetteville that they felt towards the Hot Springs districts. Director Osborne, seconded by Director Johnson, made a motion to pass the resolution. Director Bumpass asked why the lawsuit should be dismissed with prejudice rather than without prejudice. McCord explained that, in discussions with Vernon Rowe (who drafted the resolution), Rowe stated the purpose of the wording is to indicate the utmost good faith and confidence in the Commission on the part of the City. McCord also stated there is a possibility the City could not have a new trial date set in the originally filed lawsuit, unless a new appeal were filed within thirty days from the date the Commission took its most recent action which was re -institution of the ban. RESOLUTION NO.156-83 APPEARS ON PAGE /99 OF ORDINANCE AND RESOLUTION BOOK phi' Streetlight/Mockingbird Lane 263.3 Assistant City Manager McWethy stated the Board had granted a request for the installation of a streetlight at 2272 Mockingbird Lane approximately one year ago. McWethy stated he has been contacted by the resident at 2272 who reports the streetlight has not been installed, although instructions were given to SWEPCO in February or March to proceed with that installation. McWethy stated at his request SWEPCO is now scheduled to install this light tomorrow. 263.4 James McGinty, resident at 2280 Mockingbird Lane, addressed the Board. He stated he is in favor of having the street lit, especially since several cars and garages on the street were broken into two weeks ago. He said, with an existing light at the top of the hill and another at the bottom of the street, he feels the addition of another light at 2272 (near the top of the street) will cause the top of the street to be over -lit, while the midpoint of the street remains dark. He stated he thought the proper location should be between 2248 and 2256, the middle of the street. 263.5 After some discussion, it was pointed out the reason the Board approved the installation of the additional light near the top of the hill was because, as a result of a poll, those persons objecting to the light were the residents living near the midpoint of the street, where the light was proposed to be located. 2272 was chosen because it was that resident who requested the streetlight. Director Orton suggested, because some of the originally polled residents no longer live there, perhaps a new poll would be in order. 263.6 Director Johnson made a motion to install a streetlight between 2248 and 2256 Mockingbird Lane. After further discussion, Director Orton, seconded by Sharp, made a motion to table this item until the 1 1 1 1 12-20-83 next meeting so that residents of Mockingbird Lane can be provided notification. Upon roll call, the motion passed, 4-2, with Directors Johnson and Osborne voting against the motion. 264 264.1 Comprehensive Wage & Salary Survey Assistant City Manager McWethy introduced a proposed letter 264.2 designed as an invitation to several firms to submit qualifications for performing a comprehensive wage and salary survey to classify City employees. McWethy stated the Board has expressed an interest in having such a study undertaken. McWethy explained the list of firms was obtained through contacts with the International City Management Association, the International Personnel Management Associ- ation and some advertisers in trade publications. Mayor Noland suggested some input should be obtained from Director 264.3 Lancaster, since this idea had been originated by him. At Director Osborne's suggestion, it was decided to place this 264.4 item on the next agenda when Director Lancaster would be present. OMI References Mayor Noland stated the Board approved an operating contract with OMI, Inc. at a special meeting on December 14, contingent on a check of references. The Mayor reported four cities have been contacted, all of whom were satisfied with the work OMI is conducting. Rezoning/Ward & Sherwood Director Osborne introduced a change in the use of the property near College Avenue and Trenton which was rezoned on December 6 from R-0 to C-2, contingent upon a Bill of Assurance being executed to restrict the use of the property to a pizza delivery service or a western store. Osborne reported he was contacted by the owner who has found a tenant who wishes to have an awning sales business which they feel will generate even less traffic than the pizza delivery or western store, and the owner respectfully requests the Board consider the addition of this use to the Bill of Assurance. Director Osborne made a motion that an awning sales establishment be allowed in the Bill of Assurance. The owner addressed the Board, explaining he wishes to operate a home improvement business named "American Awning and Patio". He stated there would be two offices, a showroom and one employee. • 264.5 264.6 264.7 2E;�, 265.1 265.2 265.3 12-20-83 Director Johnson seconded Osborne's motion. Mayor Noland suggested the original uses to be included in the Bill of Assurance should be withdrawn if this new use is approved by the Board. It was agreed by the Board that only one use should be included in the Bill of Assurance. The owner also stated there would be no storage of materials. Upon roll call, the motion passed, 5-1, with Director Orton voting in opposition. Amendment to Building Code/Fire Walls for Aircraft Hangars Director Johnson introduced Board consideration of an amendment to the City's Code which requires firewalls for aircraft hangars. Director Johnson stated she is asking the Board to reconsider their action at the last meeting to require the one hour fire walls, because the State's new fire code (which will require one-hour fire walls) is not yet in effect. Mayor Noland stated he had discussed this with the City Attorney and with Director Lancaster and the City Attorney has noted a revised State fire code could be applied to pre-existing buildings on a retroactive basis. Director Johnson, seconded by Osborne, made a motion to delete the one-hour fire wall requirement from the City's Code. 265.4 City Attorney McCord stated, if this is the desire of the majority of the Board, the Building Code would need to be amended. McCord stated he has drafted an ordinance to that effect, at the request of Director Lancaster. Director Johnson stated the contract which the Board approved with Weinland, Inc. would also have to be amended. 265.5 City Attorney McCord read the ordinance for the first time. Director Osborne, seconded by Johnson, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call the motion passed unanimously. 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 unanimously and the ordinance was read for the -final time. 265.6 Mayor Noland noted it was determined at the last meeting that there is one aircraft hangar in the United States which has fire walls; that these hangars will strictly be storage sites. Osborne asked the City Attorney to include a provision in the lease which would prohibit any maintenance work inside the hangars. 265.7 Upon roll call, the motion passed, 5-1, with Sharp voting against the ordinance. 265.8 Director Osborne made a motion the bid be accepted, as originally bid, for construction of the original walls in the T -hangar. The motion was seconded by Johnson and upon roll call passed unanimously. ORDINANCE NO. 2970 APPEARS ON PAGE Qy OF ORDINANCE AND RESOLUTION BOOK Xul 1 1 1 1 1 12-20-83 Comments from Director Johnson Director Johnson reported she met with the Arkansas Municipal League last week and, at her invitation, they voted unanimously to come to Fayetteville in August. Johnson asked that this be included in°the Finance Committee budget. Director Johnson noted in January there will be three positions to be filled on the Planning Commission, one position open on the City Hospital Board and three vacancies on the Parks and Recreation Board. She stated recommendations will be made by the Nominating Committee and it was agreed that committee would meet on January 3. Director Johnson asked about the status of the Sewer Rehabilitation Project and City Manager Grimes stated he would have more information on that project at the next meeting. Mayor Noland stated the engineers must wait for the entire winter season and some of the spring rainfall for a full assessment. Repeater Station/Southwestern Bell Telephone Co. City Manager Grimes introduced a resolution concerning the Telephone Company's request for an easement south of Sycamore so they can construct a tie-in for a repeater station. Grimes explained this was tabled at a previous meeting because of a contract the City had with the Veteran's Administration. Grimes stated the V.A. has given their approval and also explained this action is necessary for the Gregg Avenue relocation. Mr. Grimes noted the concrete turnout proposed is for the purpose of getting company trucks off the street; that some screening is also proposed to be planted. Director Sharp suggested the proposed screening be put in writing. Director Johnson, seconded by Osborne, made a motion to pass the resolution with the amendment regarding screening. Upon roll call, the motion passed unanimously. RESOLUTION NO. 157-83 APPEARS ON PAGE /05 OF ORDINANCE AND RESOLUTION BOOK NO. XVII 1983 General Fund Expenditures City Manager Grimes introduced a resolution authorizing an expenditure of up to 20% of the amount in the 1983 General Fund, Public Works Fund, Sanitation Fund, Water and Sewer Fund, and Airport Fund budgets until the 1984 budgets for said funds are approved. Director Johnson, seconded by Sharp, made a motion to pass the resolution. Upon roll call, the resolution passed unanimously. RESOLUTION N0.158-83 APPEARS ON PAGE /Og OF ORDINANCE & RESOLUTION BOOK yvfI 266 266.1 266.2 266.3 266.4 266.5 266.6 266.7 26i 12-20-83 Donrey Communications Co., Inc. v. City of Fayetteville 267.1 City Attorney McCord reported the Arkansas Supreme Court yesterday denied the petition for rehearing filed by Donrey Communi- cations, stating the court amended its original opinion in part but the ultimate result has not changed - Donrey can be required to remove, without compensation from the City, their non -conforming billboards. McCord stated he anticipates Donrey will petition the U.S. Supreme Court for a writ of certiorari within 90 days of the date of the decision; that he will file a response arguing that the court should not hear the case and that a bond be required of Donrey in an amount equivalent to the estimated cost of removal. McCord stated it could be six or eight months before a final decision is reached. MINUTES The following corrections were made to the minutes of the December 6 meeting: 267.2 238.6 --should read: "...(1) interest be eliminated from the inception of the CEC Fund loan from General Fund; and (2) the request for $60,000 of funding from the CEC excess funds be approved each year for three years, for advertising and promotion and a half-time employee." 267.3 238.2 --"2% of their revenue" should read "2% of h/m/r tax" 267.4 243.2, 244.3 and 245.3 --"Ron Orton" should read "Ron Horton" 267.5 243.3 --"the Beaver Lake Advisory Committee" should read "Dr. Bob Blands at the Beaver Lake Advisory Committee meeting" 267.6 With these corrections, the minutes of the December 6 meeting were approved. ADJOURNMENT With no further business before the Board, the meeting adjourned at 9:50 P.M. 1 1