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HomeMy WebLinkAbout1984-01-03 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 January 3, 1984 in Room 107, Continuing Education Center, Fayetteville, Arkansas. PRESENT: Mayor Noland; Directors Lancaster, 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 CALL TO ORDER Mayor Noland called the meeting to order and asked for a moment of respectful silence. EMPLOYEE OF THE MONTH AWARDS Mayor Noland presented each of the three employees of the month for December, 1983 --Connie Edmonston, Parks Department; Frankie Griffith, Sanitation Department; and Mike Lawrence, Water and Sewer Department -- with a certificate and a check for $150 and noted the comments made about the outstanding performance of the three employees by their supervisors. Mayor Noland also expressed appreciation to the many employees (some of them past "employee of the month" recipients) who contributed long hours over the Christmas weekend and during the past two weeks because of severe weather conditions: LaNita McKinney, Ina McElroy and Joanna Bibb who handled calls for over 150 emergency locations until 11:40 P.M. on December 26th; meter workers Don Osburn, Randy Bolinger, Dewey Morris and Jim Johnson who worked in the field until 3:00 A.M. that day (Bolinger having already worked 51 hours that weekend); Don Osburn, Bill Chester, Harlan Henson, Dewey Morris and Kirk Bradley who worked until 11:00 P.M. December 27th repairing broken water lines, who then returned to work at 2:00 A.M. and since then have worked late hours every night. The Mayor also expressed thanks to Street Department crews who spread over 300 tons of de-icing material and 970 tons of limestone grit during the last two weeks and to the Police Department and Sanitation crews for their extra efforts; and to Assistant City Manager David McWethy who coordinated all of these efforts. STREETLIGHT/MOCKINGBIRD LANE Mayor Noland introduced further consideration of the location of a third streetlight on Mockingbird Lane. The Mayor explained the background 268 268.1 268.2 268.3 2U.i 1-3-84 269.1 on this item: That about a year ago a request was made to install streetlights in the Mockingbird/Hummingbird/Cardinal Lane area and, after receiving recommendations from SWEPCO, a light was installed on Mockingbird Lane at the Overcrest intersection and one at the north end of the street - a third light was recommended for mid -block but three residents near that location were opposed. The City Board then approved installing the third light further north, near 2272 Mockingbird but it has never been installed by SWEPCO. Some opposition to the 2272 location was expressed at the last Board meeting and the Board decided to table any decision until a new poll could be made of the current residents. 269.2 Assistant City Manager McWethy reported he has received five responses - three residents prefer the light be located in the middle of the block, one resident prefers to have the light near 2272 and one resident wanted a light at both locations. 269.3 Director Osborne, seconded by Johnson, made a motion to install the streetlight at the mid -block location. Mayor Noland asked if there were any residents of the area present who wished to make comments. Jim McGinty, resident at 2280, stated he thought the neighborhood would most benefit from a light at the mid -block location, making the neighborhood uniformly lit. Upon roll call, the motion passed, 6-1, with Director Orton voting against the motion. SIGN APPEAL/1301 N. GARLAND AVENUE 269.4 Mayor Noland introduced an appeal from the literal requirements of the sign ordinance for a sign located at 1301 N. Garland Avenue in a C-1, "Neighborhood Commercial" district. The petitioner, Northwest Oil Company, Inc., requests permission to allow a 42 square foot free-standing sign to remain at a 13 foot setback from North Garland and 11 feet from Mt. Comfort Road. Mayor Noland stated free standing signs of this size require a 31 foot setback from street rights-of-way unless the Board determines that strict enforcement would be unreasonable. The petitioner pointed out that although Garland Avenue has 60 feet of right-of-way, there is only 24 feet of pavement and although Mt. Comfort has 40 feet of right-of-way, there is only 20 feet of pavement. Mayor Noland noted the lot is pie -shaped without much setback available. He stated the sign is presently located in the middle of the pump island. 269.5 Director Osborne, seconded by Sharp, made a motion to grant the variance. Upon roll call, the motion passed, 6-0-1, with Director Lancaster stating he would abstain because he had been absent from the tour of that location. 269.6 Director Osborne asked Sign Inspector Bert Rakes if the petitioner's letter of request would be included as a permanent record and Rakes stated it would. Osborne then asked that the 1 1-3-84. record show that the statement in the request, "...Northwest Oil Co. sites as precedent a recent decision of the Board to grant a variance to Robertson Oil Co..." was not part of his consideration of this variance - that each request stands on its own merits. City Attorney McCord confirmed it is correct that there are no precedents in the granting of these variances. Director Lancaster noted also that, if the business should cease to operate as a service station, the sign would again be non -conforming. BID AWARD/CONSTRUCTION OF ROADS UNDER CDBG PROGRAM Mayor Noland introduced consideration of the award of bid for the construction of Old Farmington Road, One Mile Road and Sandra Street under the Community Development Block Grant Program. The Mayor stated there were two bidders and the low bidder was McClinton Anchor for $137,804.10. Director Bumpass, seconded by Lancaster, made a motion to award the bid to the low bidder, McClinton Anchor, for $137,804.10. Upon roll call, the motion passed unanimously. TRAILER OFFICES/AMENDMENT TO ZONING ORDINANCE Mayor Noland introduced for consideration an ordinance amending the Zoning Ordinance by allowing the use of a mobile home as a temporary construction office on property for which a building permit has been issued. Mayor Noland explained this amendment was considered in a public hearing before the Planning Commission on November 14 and was passed, 8-0, with no public opposition expressed. 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 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. The City Attorney read the ordinance for the final time. Director Lancaster asked if a time limit could be specified which would determine how long a trailer office could be allowed to remain. Lancaster stated he knew of an instance where a trailer remained on property 12 years after a building permit had been issued. City Attorney McCord noted that, upon issuance of a building permit, construction must commence within six months. Osborne pointed out that it is still possible for actual completion of construction to drag out for long periods of time and he suggested that (3)(c) could be added to Section 1 of the ordinance, with wording such as 270 270.1 270.2 270.3 270.4 270.5 270.6 271 1-3-84 271.1 "...that placement be limited to six months (or a year) and that this can be renewed indefinitely, as long as progress is being made." McCord stated that some standard must also be described for the administrator to apply in determining whether the permit should be renewed, such as upon a sufficient showing of reasonable progress. McCord stated he would prepare an amended ordinance for the Board's consideration. It was decided that the exact time limit would be determined when the Board considers the amended ordinance. Mayor Noland stated the ordinance is left on third reading. FAA GRANT AMENDMENT 271.2 Mayor Noland introduced a resolution authorizing the Mayor and City Clerk to execute Amendment #2 to a Federal Aviation Administration grant agreement, to increase the maximum funding from $375,810 to $622,750, for airport improvements. 271.3 Director Osborne, seconded by Johnson, made a motion to pass the resolution. Upon roll call the motion passed unanimously. RESOLUTION N0. 1-84 APPEARS ON PAGE 'O9 OF ORDINANCE AND RESOLUTION BOOK )(VIII PROPERTY LIENS 271.4 Mayor Noland introduced two ordinances authorizing the filing of liens against properties for which clean-up payments have not been received. City Attorney McCord stated payment has now been received for clean-up of the property at the southeast corner of Dickson and College, so that ordinance will not be necessary. 271.5 The City Attorney read the ordinance for the first time (for property at the southwest corner of West Avenue and Dickson Street). 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 Johnson, seconded by Noland, 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. 271.6 Mayor Noland asked if there was anyone present who wished to speak against the ordinance. There was no response. 271.7 Director Bumpass questioned why the return receipt of notice to the owner shows a signature of a different party, and Bumpass asked if the owner had received further notice since that time. 1 1-3-84 Assistant City Manager McWethy stated the owner had received a copy of the agenda for this meeting. ;Upon'roll:call the motion passed, 6-1, with Bumpass voting against the motion. ORDINANCE NO. 2971 APPEARS ON PAGE e'/9 OF ORDINANCE AND RESOLUTION BOOK KU( /� L LAI Gt&-n,K.t!!.J aQ! 9- AMENDMENT TO LEASE AGREEMENT/BURLINGTON NORTHERN RAILROAD Mayor Noland introduced a resolution authorizing the Mayor and City Clerk to execute an amendment to a 1977 lease agreement with Burlington Northern Railroad Company, successor in interest to the Frisco Railroad, regarding the City -installed planter islands on the north side of Dickson Street, west of West Avenue. Mayor Noland asked if planters south of Dickson Street were included. Director Lancaster stated this was exempted pending further discussions regarding a parking lot. Director Osborne, seconded by Bumpass, made a motion to pass the resolution. City Manager Grimes stated he would ask that the City be allowed to maintain the islands until the property is developed; that hopefully the new leasee will continue to maintain the planter islands. Upon roll call the motion passed unanimously. RESOLUTION NO. 2-84 APPEARS ON PAGE Uzi OF ORDINANCE AND RESOLUTION BOOK yl/ ll NOMINATING COMMITTEE REPORT Director Marilyn Johnson reported the Nominating Committee has met and is making the following recommendations for appointments: Planning Commission: The appointment of Fred Hanna, Stanley Green and Sue Madison for terms expiring January 1, 1988. Parks & Recreation Advisory Board: The reappointment of William P. Waite, Beverly Melton and Charlie Sego; and the appoint- ment of Philip A. Thompson, for terms expiring January 1, 1986. City Hospital Board of Control: The appointment of Lewis P. Johnson for a term expiring January 1, 1988. Parking Improvement District #1 Board of Commissioners: The appointment of Roy Clinton. Director Johnson, seconded by Sharp, made a motion that the Board accept the recommendations of the Nominating Committee. Upon roll call, the motion passed unanimously. Director Orton noted 2 272.1 272.2 272.3 272.4 272.5 272.6 272.7 272.8 272.9 2:1 1-3-84 273.1 those applicants who were not chosen will automatically be considered for upcoming vacancies. FURNITURE BID 273.2 Mayor Noland introduced consideration of the award of bids for the purchase of several lots of furniture for the renovated City Hall. 273.3 Interior Decorating Consultant Marynm Bassett explained there would be no problem with matching furniture if bids are awarded to different suppliers for different lots. She stated the bids were made without tax. Director Osborne asked if the City would generate more tax revenue from sales tax if all bids were awarded locally. City Manager Grimes pointed out that a use tax would still go into effect for out of town orders delivered to Fayetteville. 273.4 Director Sharp, seconded by Osborne, made a motion to award the bid for Lots #1 and #4 to Roy's Office Supply, Lots #2 and #3 to McRoy & McNair, and Lot #5 to Polk's Furniture, all bids being awarded to the low bidders. Marynm Bassett stated that all bid requirements have now been met. Upon roll call, the motion passed unanimously. Bassett stated delivery date is to be within six to eight weeks. OPTION TO PURCHASE LAND SOUTH OF POLLUTION CONTROL PLANT 273.5 Mayor Noland introduced a resolution authorizing an option to purchase a 25 acre parcel located south of the Pollution Control Plant. City Manager Grimes explained the City's sludge burial area has recently been determined by the engineers to be the proper place for the effluent storage basins; so this acreage is to be used for temporary sludge burial area until the new facility is ready. 273.6 Director Johnson, seconded by Osborne, made a motion to pass the resolution. Upon roll call, the motion passed unanimously. RESOLUTION NO. 3-84 APPEARS ON PAGE Pi/ OF ORDINANCE AND RESOLUTION BOOK WI! OTHER BUSINESS Bid Advertisement/Surplus City Property 273.7 City Manager Grimes introduced for the Board's consideration authorization to advertise for bids for a parcel of surplus City 1 1 1 1-3-84 property which used to serve as a pump station site to provide water pressure to "Country Club Hill". Grimes stated the pump station is no longer necessary and the adjacent property owner is interested in purchasing the parcel. Director Osborne, seconded by Johnson, made a motion to authorize the advertisement for bids. Upon roll call, the motion passed unanimously. 274 274.1 274.2 Grants Priority Lawsuit 'Director Bumpass referred to a letter he wrote in response to 274.3 City Attorney McCord's letter of December 22, both in regard to the City's pending lawsuit challenging the fiscal year 1984 priority system and list established by the Arkansas Commission on Pollution Control and Ecology. Bumpass noted he voted in favor of a resolution passed at the last Board meeting to dismiss the lawsuit "with prejudice" based on the fact that the City had the right to "a day in court" in the event the Commission does not come through with funding. Bumpass stated he thought it would do the citizens of Fayetteville a disservice if the City were to forego "its day in court" because of the actions the Commission has taken previously. Bumpass made a motion to pass a resolution to dismiss the lawsuit "without prejudice" rather than "with prejudice", repealing any previous resolution that is in conflict with this wording. That motion was seconded by Director Orton. City Attorney McCord stated he had taken no action based on the 274.4 resolution passed at the last meeting. After some discussion, the City Attorney noted the purpose of the resolution is for this Board to indicate faith in the commitment of the Commission, and whether or not the dismissal is made with or without prejudice does not affect that indication of good faith, but it might preserve the , City's legal remedies. McCord stated the only way to guarantee those legal remedies is to file a second appeal within thirty days from the December 8th action, which the Board has chosen not to do. McCord stated another good reason to dismiss "without prejudice" is because the Hot Springs Improvement District still has their lawsuit pending. Upon roll call, the motion passed unanimously. RESOLUTION NO. 4-84 APPEARS ON PAGE J),%. OF ORDINANCE AND RESOLUTION BOOK 'IVI!) Noise Barrier City Manager Grimes reported the deadline of December 31st for completing the noise barrier has been met; however, the barrier has not been used;- Poles could not be_-_set.in frozen ground but, in electric generator was -available. 274.5 270 1-3-84 Finance Committee Meeting 275.1 A Finance Committee meeting was set for 9:00 A.M., Friday, January 6. Comments from Director Osborne 275.2 Director Osborne, referring to a letter written to the Northwest Arkansas Times regarding the castle at Wilson Park and snow and ice removal equipment for the City, stated it should be noted that no local taxpayer money was spent to build the castle in Wilson Park. Osborne also stated, with the small amount of snow and ice experienced in Fayetteville, it would not be worthwhile to purchase expensive snow and ice removal equipment. Citizen Comments/Spreading of Chat on Streets 275.3 William Giese, resident on Zion Road, addressed the Board. Mr. Giese stated when Street Department vehicles came down Zion Road to spread limestone chat during the bad weather, they approached his property at about 40 mph, throwing the chat about 15 feet beyond the street and onto his field. Giese suggested something be devised on the trucks to keep them from throwing the chat so far off the roadway. Giese also stated, when a sewer line was installed, the contractor was allowed to deviate from his contract and backfill with dirt. He stated the water line has broken once - he stated in front of his house used to be a high spot which is now the low spot; that the street itself becomes a pond everytime it rains. He stated also the two trees he was given have both died. Mayor Noland asked City Manager Don Grimes to look into these problems. Comprehensive Wage & Salary Survey 275.4 Director Johnson introduced consideration of the proposed letter (introduced at the last Board meeting and tabled) requesting qualifications for performing a comprehensive wage and salary survey to classify City employees. Mayor Noland asked Director Lancaster for his input on this idea. Director Lancaster stated he feels the City employees need this survey. Lancaster suggested bids be obtained and then reviewed by the entire Board to decide what kind of study should be undertaken. Lancaster expressed concerns that about half of the firms on the list were from California. Director Osborne pointed out some of those California firms also have offices in places such as Little Rock or Tulsa. 1 • 1 1-3-84 After some discussion, Director Osborne, seconded by Johnson, made a motion to send out the letters of invitation. Lancaster suggested the letter incliude:a request for references from others for whom similar surveys have been performed. Upon roll call, the motion passed unanimously. 1 • ' Butterfield Trail Village -Retirement Center • .--3••., City Manager Grimes stated David Lashley and others representing Butterfield Trail Village Retirement Center have!asked to meet with the Board'on January 11 at 4:00Pto discuss support for their project. City Attorney McCord stated there is a -possibility they may be considering tax exempt financing for their project. MINUTES 27a 276.1 276.2 With no corrections or additions to the Minutes of the December 14 276.3 and December 20 meetings, they were approved as circulated. .1 ADJOURNMENT • With no•further business before the Board, the meeting was adjourned at'8:40 P.M. ;,. , • r • • 276.4