Loading...
HomeMy WebLinkAbout1984-02-07 Minutes2.3U 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. an February 7, 1984 in Room 107, Continuing Education Center, Fayetteville, Arkansas. PRESENT: Directors Lancaster, Osborne, Sharp, Bumpass, Orton and Johnson; Assistant City Manager McWethy; City Attorney McCord; City Clerk Kennedy; members of the press and audience ABSENT Mayor Noland CALL TO ORDER In the absence of Mayor Noland, Assistant Mayor Osborne called the meeting to order and asked for a moment of respectful silence. EMPLOYEES OF THE MONTH 295.1 Director Osborne presented employees of the month for January, 1984 —Ben Jamerson, Transmission & Distribution Supervisor, and Ina McElroy, Clerk III-- with a certificate and a check for $150 and noted the comments made about the outstanding performance of the two employees by their supervisors. Dennis Mullens, Fire Department Captain, also chosen as employee of the month, was not present. RESIGNATION OF DAVID HAUSAM 295.2 Osborne announced that David Hausam, Assistant Finance Director, has been selected by the City of Bentonville as their City Controller, and will be leaving the City of Fayetteville after 14 years of employment. Osborne noted that Hausam had been Business Office Manager, Special Projects Manager, Accounting Supervisor and Assistant Finance Director; that he had been one of the original founders of the Fayetteville City Employees' Credit Union. Osborne expressed best wishes to David Hausam, stating that his abilities will be severely missed by the staff and Directors. WELCOME TO PATRICIA MAY/"SPRINGDALE NEWS" 295.3 Osborne noted the presence of Patricia May, representing The Springdale News, replacing Scott Van Laningham who has moved to Little Rock. 1 1 1 2-7-84 TEEN TOWN Osborne introduced a request by representatives of "Teen Town" for an opportunity to acquaint the Board with, and seek the City's support of, the concept of a Teen Center. Lamar Pettus was present to represent "Teen Town". • Pettus introduced Ruben Baltz, President of Teen Town Board of Directors, Vice -President Mary Larson, Secretary Barbara Jo Griffis, Treasurer Donna Pettus and Public Relations Officei Troy Hendricks. Pettus explained that "Teen Town" began in August of 1983 and that they are a non-profit organization 'presently seeking tax exempt status from the State of Arkansas. 'He stated they have received endorsements from Senator Henry, Congressman Hammerschmidt, and school representatives in the community. Pettus stated there are many Teen Towns across the state. He stressed the Center's purpose would be to provide drug and alcohol -free after-school entertainment'and recreation for high school' students from grades 9 through '12. Pettus noted that "Teen Town" would be operated and controlled'by-an adult Board"of Directors, with a junior Board consisting of representatives from the high schools and junior high 'schools who would also be the' program planning -committee. Pettus stated also they have made nine requests for financial support and request that the City Board endorse their concept. Pettus stated one of their gbals is to' built their own facility in one to two years but to, in the meantime; utilize space at the Youth Centel. -Pettus stated "Teen Town" would not compete with the Youth Center, which does not provide entertainment and 'whose activities are oriented to all age groups, but would complement the Youth Center. 'He stated also they were applying for' a $6600 grant from the State of Arkansas to help 'develop the initial'sfages.' At Director'Sharp's'sugestion,•it was decided-Pettius should contact Dale Clark of the Parks and Recreation'Committee; and'request• that "Teen Town" be placed on the agenda of that committee's annual meeting which is scheduled to be held within a week. • 1984 COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET Osborne introduced consideration of the 1984 Community Development Block Grant Budget. Osborne explained a public hearing had been held by the Board at its January 17; 1984 meeting and that the Board Finance Committee has met and will present a recommendation. Director 'Johnson presented, and made a motion to adopt; a funding proposal as follows: Housing Rehabilitation Lytton Avenue improvements EOA Weatherization Bailey Drive improvements $100,000 44,000 3,500 20,000 296 296.1 296.2 296.3 296.4 296.5 296.6 23, 2-7-84 297.1 Blair Avenue improvements Utility relocation for: Blair Avenue Mashburn Avenue Lytton Avenue Butterfield Trail improvements Mashburn Avenue improvements SCAN/Children's House 50,500 20,000 25,000 80,400 50,000 Reduce Contingency Amount To: 14,301 297.2 Director Orton asked if the intent of the proposal would be to fund Children's House again next year for an additional $50,000. Director Sharp explained the amount of funding proposed for SCAN/Children's House next year may not be as much as $50,000 because the amount of space needed, the cost of bringing utilities to the site, and other unknown factors, has led the Board to propose less than total funding. Sharp also noted, if an existing building could be found, the total amount of funding requested might not be needed. 297.3 Director Johnson stated she thought the sentiment of the committee was to have Children's House and SCAN present a proposal, giving reasons why both programs should be in the same facility, information regarding their plan for future operation, how the building would be furnished, their ability to provide maintenance conditions such as heating and air-conditioning, their ability to make utility payments, and their ability to secure a reliable and consistent source of funding for future years. Johnson also recommended that land at the intersection of Razorback Road and Highway 62 be considered as a possible building site. Osborne explained, before final City funding be committed to these projects, the Board wishes to have the additional information submitted in writing. Osborne also stated Bill Mandrell, Director of "The New School", has volunteered to assist in the design of a building and has recommended a metal building would maximize available space. 297.4 Director Lancaster stated he did not think the present Board should pledge additional funding out of next year's revenue because there could be a different Board next year. Lancaster also stated he wished to know what other communities (receiving SCAN/Children's House services) besides Fayetteville would be contributing towards the programs' oper- ations, stating he did not think the City could legally use CD moneys for the benefit of non -Fayetteville citizens. Director Sharp pointed out those two programs also receive funding from the Washington County Quorum Court and the Springdale and Fayetteville United Fund and he stated he thought funding these programs was an appropriate use of CD funds. 1 1 1 2-7-84 Director Sharp seconded Director Johnson's motion to adopt the proposed CD funding budget. Upon roll call, the motion passed, 6-0, with Mayor Noland absent:. RESOLUTION NO. 15-84 APPEARS -ON PAGE /91 OF ORDINANCE & RESOLUTION BOOK XVII 1 Director Osborne noted there were other deserving projects which will not receive funding in 1984, and stated Fayetteville Open Channel had a good proposal. Director Sharp pointed out it took 7 or 8 years -for the: Lytton/Mashburn/Blair projects tolfinal1ycreceiverfunding‘ CODE OF CONDUCT Osborne introduced consideration of a Code of Conduct•which lists, to avoid conflict-of-interest situations,:specifically prohibited acts by City employees or contractors. Director Johnson, seconded by Bumpass, made.a motion-to'approve the proposed Code of Conduct. • •11 1 Director Osborne questioned wording on•page 1, under Number 1, where it states "No employee...shall participate in selection...of a contract supported by Federal funds...". Osborne thought the Code of Conduct should -prohibit engaging•in these practices, whether federally funded or not. Osborne suggested the elimination•of the wording "supported by Federal funds". Osborne also questioned the wording where certain practices- are. prohibited for "former employees"'stating this could not.possibly•be enforced. Director Orton, seconded by Sharp, made a motion to insert "or any funds" after the wording "supported by Federal funds...". Directors Johnson and Bumpass agreed to the amended motion. Upon roll call, the motion passed, 6-0. • RESOLUTION NO.. 16-8.4•APPEARS' ON PAGE YQJ•, l OF ORDINANCE' &4RESOLUTION BOOK you PROPERTY LIEN Osborne introduced an ordinance authorizing the filing of a lien against a parcel -for which a clean-up payment has not been received. City Attorney McCord stated he had. visited with • the property owner, feels it is likely the bill will be• paid, and recommended this item be tabled. Director Bumpass, seconded by Orton, made a motion to table the item. Upon roll call, the motion. passed, 6-0.• 298, 298.1 298.2 298.3 298.4 298.5 298.6 298.7 298.8 29� 2-7-84 REZONING APPEAL R83-15 299.1 Osborne introduced an appeal of a decision by the Planning Commission to deny Rezoning Petition R83-15, for rezoning from R-1 (Low Density Residential) to R-0 (Residential -Office), for 0.86 acres located in the middle of the block between Rebecca and Davidson Streets and Willow and College Avenues. Petitioner Carlon Bassett and his attorney were present to represent the appeal. 299.2 Carlon Bassett stated he is presenting this appeal on behalf of the property owner, Johnie Bassett. Bassett remarked that the background history on this issue has been controversial and he only wished to note that regardless of what has happened in the past, the only relevant issue should be to determine the future use of the property. Bassett expressed the opinion that, if the property should remain R-1, future residential development would entail tree removal for bridges and roadwork, utilities and general construction. Bassett asked that the rezoning be granted with the proposed Bill of Assurance. 299.3 Director Lancaster asked the City Attorney about the status of litigation regarding the use of the property as a parking lot. McCord explained the issue addressed in the pending litigation was whether the property owner was in violation of the zoning ordinance by permitting the property to be used as a parking lot; that the Chancery Court ruled the property owner was in violation and the issue is presently on appeal. McCord stated regardless of the outcome of this litigation, if the rezoning were granted it would authorize the use of the property for parking, subject to the Bill of Assurance which has been offered. 299.4 Truman Yancey addressed the Board on behalf of a group of residents in the vicinity of the property in question. Yancey made note of the actions of the Planning Commission, the petitions submitted in opposition to the appeal from area residents, from the Washington - Willow Historic District Commission, and from the Washington County Historic Society. Yancey stated the original zoning drew a line between the commercial and the residential areas and he suggested there have been no significant changes in the character of the area. Yancey stated he believed it was the Board's policy to allow commercial expansion at major intersections and not to "strip expand" along the highway corridors, and that the Board's general policy has also been to protect residential areas. Yancey commented on the three recommendations of Planning Consultant Larry Wood. As to recommendation (1), Yancey stated rezoning with a Bill of Assurance merely delays a decision to rezone. As to recommendation (2), Yancey stated rezoning to R-0 in this instance would not provide a buffer zone but would be an expansion of a commercial activity. He stated also that a parking lot would not be in support of an adjacent R-0 use. In response to recommendation (3), Yancey stated there are acceptable techniques which allow the flood plain areas to be used within limits. 299.5 Director Orton stated the parking problem has been created as a result of the business which has nighttime parking, and noted that when the 1 1 2-7-84 business began, it did so with the knowledge that limited parking was available. Orton stated she did not think the commercial use should be further extended into the residential area. • - .. ,1 Director Johnson stated if the Board does not approve the rezoning, "Norma Jean's" is not going to go away and would still operate until 2:00 A.M. Director Sharp stated it was brought out in the public hearing at the Planning Commission meeting that additional parking would only increase the problem (the intrusion into the residential district). Sharp noted also that Barbara Crook's motion to.deny included two points: that (1),this was an intrusion into the Historic District and,(2) a parking lot used primarily atinight would be an unsatisfactory intrusion because of noise and lights. Sharp noted also that Commissioner Gitelman noted some problems; in -the wording of the Bill of Assurance offered. Director Sharp, seconded by Orton,. made a motion to uphold the unanimous decision of the Planning Commission and deny the appeal. Attorney for the owner addressed the Board and expressed his willingness to have the City Attorney draft an acceptable Bill of Assurance, stating he. did not think it fair to oppose the -appeal •on.the• basis of poor draftsmanship,. -Sharp stated he did not base his decision on Commissioner Gitelman's views regarding the Bill of Assurance. 1 Director.Osborne.stated he thought,the fact that the club "is not going to go..away" is -a pertinent issue in the Board's consideration. Osborne stated.also that the Boar -d represents the patrons of the club as well as the residents.of,the Historic District; that rezoning to R -O withian enforceable Bi11-of.Assurance might be better than R-1 zoning.because R-1 uses could allow 'the owners to clear the land and '.'devastate the north end of the Washington -Willow. Historic District". Osborne stated he thinks a compromise might be struck which could be satisfactory.to both parties. _ Director Bumpass asked the City Attorney about the nature of the pending appeal regarding the parking lot. City Attorney McCord explained the City filed an action for a permanent injunction to enjoin the use of the property as a parking lot; the Chancery Court granted a decree which the property owner, superceded and appealed to the Court of:Appeals. ,McCord stated, assuming theidecree is affirmed, the enforce- ment•mechanism wouldbe a contempt.citation.against the property •owner for violating the permanent injunctionorprosecution in Municipal Court, each day of violation being a separate offense subject to a fine of up to $250 a day. McCord pointed out the rezoning appeal is a separate issue from the.pending litigation, that if the Board chooses to deny the appeal, the property owner has a recourse to challenge that decision in Chancery Court. Upon roll call, the motion to uphold the decision of the Planning Commission and deny the appeal was passed, 4-2, with Directors Johnson and Osborne voting against the appeal. 3 GO 300.1 300.2 300.3 300.4 300.5 300.6 300.7 301 2-7-84 SIGN APPEAL/FIRST FEDERAL SAVINGS, HERITAGE DIVISION/20I N. EAST AVE. 301.1 Osborne introduced an appeal from the literal provisions of the Sign Ordinance submitted by First Federal Savings of Arkansas, Heritage Division, 201 North East Avenue. Attorney Tom Burke was present to represent the appeal. 301.2 Mr. Burke addressed the Board, stating the petitioner requests permission to erect a 22 square foot free-standing sign at a six foot setback from street right-of-way. Burke stated the sign would measure 2.75 x 8 feet. He explained the purpose of the sign would be educate customers about the automatic teller machine recently installed in the front of the building. He pointed out a variance had been approved directly across the street for a free-standing sign in front of a law office. 301.3 Director Lancaster asked if it was necessary for the sign to be as large as proposed. Burke stated the sign size was chosen as part of a standard marketing technique of the Association. Burke noted that, in comparison to the sign across the street, he thinks the Associ- ation's sign would be smaller in relation to the size of their building. Director Lancaster asked why this Association needs such a sign, when First National and Mcllroy Banks do not. Burke replied the Association perceived the sign to be a service to their customers, as part of the Association's competitive position in the market. 301.4 Director Sharp asked Sign Inspector Bert Rakes about the size of the free standing signs in the near area for which variances were granted. Rakes stated the law office sign is about six square feet and the sign for what used to be "The China Hutch" is about three to four square feet. Rakes said the law office sign is set back nine feet from the Spring Street right-of-way and 7 1/2 feet from the North East Avenue right-of-way. Sharp stated he thought the same consideration which was given to the other requests, as to size, should be given to this request. Sharp also pointed out the Association already has an extremely large identification sign on the face of the building. Director Bumpass asked how large the sign would be on the teller machine itself. Director Osborne stated that sign would be about eight square inches. 301.5 Director Orton, seconded by Bumpass, made a motion to grant a variance for a sign no larger than six square feet and set back nine feet from the street right-of-way. Bert Rakes noted the building was located 9 1/2 feet from the right-of-way. Mr. Burke stated he wished the Board to understand that, if they cannot install the sign as proposed, the Association cannot have a sign. He said a directional sign of the size requested is almost imperative. 301.6 Director Orton, seconded by Sharp, made a motion to not grant the appeal. Mr. Burke then stated, in spite of his earlier comments, they would rather have the Board "approve something". 1 1 1 1 1 2-7-84 Director Orton, seconded by Sharp, made a, motion to grant a variance for a sign no larger than six square feet and set back at least six feet from the street right-of-way. Upon roll call, the motion passed, 6-0. • SIGN APPEAL/PIZZA HUTS/2325 N. COLLEGE AVE. , Osborne introduced anappeal from the literal. provisions of the Sign Ordinance submitted by Pizza,Huts for a sign at 2325 North.College Avenue. Jim Waselues was present to represent the appeal. Mr. Waselues addressed the Board, requesting permission to move an existing free-standing sign from its present ten foot setback.to a setback of forty feet. Waselues stated the cost of this move would amount to about $1600 but that, to install a new sign which would meet the size requirement would amount to about $6,000. Director Johnson suggested the possibility of. removing the bottom portion of the sign which depicts the "pizza man", that this might reduce the square footage to within the allowable limit of 75 square feet. Director Sharp asked Sign Inspector Rakes, if the. .bottom panel of the sign could not be physically removed, but were to be painted o ver with the same color as,the sub -structure, would it.be considered as part of the sub-structure.rather.than part of the sign. Rakes stated that which is not holding the sign up is considered part of the sign. Waselues pointed out the design of the Pizza Hut sign is t heir logo and they try to stay with it.at all their locations. Director Lancaster noted the Sign Ordinance has been in effect for about eleven years and it has taken that long to replace the non -conforming signs with new signs, that there are only five or six left throughout the City which do not conform. Lancaster stated he,could,not vote t o approve a 120 square foot sign when the Ordinance requires it t o be no larger than 75 square feet. Waselues asked for the size of the "Casa Taco" sign next door to his business and Rakes stated h e thought it was 75 square feet and conforming. Waselues asked if he could keep the larger sign if he set.it,back even • farther. Rakes e xplained 75 square feet is the maximum size allowed for a single occupancy. - Director Johnson, seconded by Sharp, made a motion to table the appeal until the petitioner can determine if the "pizza man" portion of the sign can be removed. Mr. Waselues stated he would have to.check with his legal department about having a sign which is not standardized. The motion passed, 5-0, with Director Bumpass absent at roll call. 3O•U 302.1 302.2 302.3 302.4 302.5 3v'- 2-7-84 SIGN APPEAL/PRESIDENTIAL CONVERSIONS/2887B N. COLLEGE AVE. 303.1 Osborne introduced an appeal from the literal provisions of the Sign Ordinance submitted by "Presidential Conversions" for a sign at 2887B North College Avenue. There was no one present to represent the appeal. 303.2 Director Lancaster noted the Ordinance does not permit two signs on the same lot and there is an existing directional sign on the property. Director Lancaster, seconded by Orton, made a motion to deny the appeal. The motion passed, 4-1, with Director Johnson voting against the motion and Director Bumpass absent from roll call. AIRPORT NOISE 303.3 Director Osborne introduced an ordinance requiring that stationary aircraft engine run-up testing operations be conducted in the noise barrier at the Fayetteville Municipal Airport between the hours of 10:00 P.M. and 8:00 A.M. Osborne stated the Board has been requested by Skyways to table this item until they have had an opportunity to review it and appear at a Board meeting, as they could not be present at this meeting. 303.4 Director Johnson, seconded by Osborne, made a motion to table the item. The motion passed, 5-0, with Director Bumpass absent at roll call. Director Osborne stated that, although Skyways' attorney had been notified in advance, the company officers had not had an opportunity to review the information. AIRPORT BIDDING 303.5 Director Osborne introduced a request by the Airport Manager for author- ization to request bids to include the following items• A fuel farm to be located north of the Airport Fire Station; a corporate hangar to be constructed on the site of the existing fuel farm; a four -bay car wash facility and fueling station for the rental car agencies, to be located in the area directly north of the car rental parking lot; and an air freight facility to be constructed on the east side of the airport. 303.6 Director Lancaster, speaking for the Airport Committee, recommended these bid requests be pursued. Lancaster, seconded by Johnson, made a motion to approve the request. The motion passed, 5-0, with Bumpass absent at roll call. 1 1 2-7-84 AIRPORT HANGAR LEASES Osborne introduced consideration of lease agreements for the new hangar facilities presently under construction. Director Lancaster, speaking for the Airport Committee, made a motion to proceed with approval of the leases. The motion was seconded by Director Johnson. The motion passed, 5-0, with Bumpass absent at roll call. RESOLUTION NO. 17-84 APPEARS ON PAGE a01-1 OF ORDINANCE & RESOLUTION BOOK XVii ENERGY CONSERVATION/AIRPORT TERMINAL Osborne introduced a request by the Airport Manager for Board approval of the installation of an energy conservation system for the airport terminal building. Director Sharp noted the lights are kept on twenty-four hours daily in the maintenance room but the request is to install ultrasonic motion detectors (personnel sensors) to turn the lights on if someone enters the room. Sharp suggested perhaps a simple switch could be used which a person could operate upon entering or leaving the room. Director Lancaster stated the changes are not supposed to cost the City any money in the long run because they eventually are supposed to save money. Dale Frederick, Assistant Airport Manager, explained the recommen- dation to install the personnel sensors was 'made by Cassady & Associates and would be 100% guaranteed to result in cost savings. Sharp suggested it might even be possible to obtain those same savings, at no charge, by having a power company review the energy conservation possibilities. Director Johnson explained what is proposed is a special kind of energy - conserving lightbulb to replace the incandescent lamps presently being used. Director Osborne, seconded by'Shafp, made a motion to refer this request to the Airport Committee to give them an opportunity to better acquaint themselves with the request; and also'to give an opportunity to the power company to review the situation. Frederick noted that the City Would be able to purchase and install the same energy-saving equipment being recommended but it would not carry the same guarantee as o.f.fered by the firm. Upon roll call, the motion passed, 6-0. 304: 304.1 304.2 304.3 304.4 304.5 306 2-7-84 ROAD NAMING 305.1 Osborne introduced a request by the Airport Manager that the Board name the east side access road to the airport "East Airport Drive". Director Lancaster, reporting for the Airport Committee, stated this private drive goes nowhere but to the Airport and the name would be appropriate. 305.2 Director Osborne, seconded by Sharp, made a motion to name the access road "Ernest Lancaster Drive". Upon roll call, the motion passed, 5-0-1, with Director Lancaster abstaining. RESOLUTION NO. 18-84 APPEARS ON PAGE oMp OF ORDINANCE & RESOLUTION BOOK XVill BILL OF ASSURANCE/CHESTNUT AVENUE IMPROVEMENTS 305.3 Osborne introduced a request by Lenwyn Edens that the Board approve a Bill of Assurance regarding the installation of improvements to Chestnut Avenue, required in connection with the submission of a Large Scale Development Plan for property at the corner of Chestnut and West Sycamore Street. Lenwyn Edens was present to represent the request. 305.4 Mr. Edens addressed the Board, stating if his request is approved, he would promise to complete his 25% share of improvements. He explained presently the street does not exist and is blocked off, also that the property owner to the north has not made improvements either. He explained also the building he wishes to construct does not need access from Chestnut, but will use access from W. Sycamore. He stated he would prefer to get together with other property owners, when the rest of the property west of Chestnut is sold, to pave the street to City standards. 305.5 Director Orton made a motion to approve the request. Director Lancaster asked Street Superintendent Clayton Powell to comment on this request. Powell said the Bill of Assurance "would be better than nothing" but that in 1963 the developer wanted to improve the streets in the existing Parkers Plat by improving the existing road rights-of-way. Powell stated the section of Chestnut in consideration now was to have been improved by the developer at Phase II, a point which was never reached; that now lots have been sold without those improvements having been completed. Powell stated he has received a lot of complaints about the street and he thinks, if it is allowed to continue to develop, we should require the street to be built. 305.6 Director Lancaster asked the City Attorney what could be done legally to clear up the situation. McCord stated he would be glad to look into the facts, if there is a possibility the City might have some legal recourse. Director Sharp asked the City Attorney if there had been cases where, rather than granting a Bill of Assurance, one developer 1 1 2-7-84 would build the street and pave it and the second developer would later build curbs and gutters and'sidewalks. McCord stated this has been done; that the City Manager has said he does not recommend con- structing half the street at one time, but has supported construction as described by Sharp. Mr. Edens stated he agreed with Powell that lots should not have been sold before the promised improvements had been completed but the Skate Place had been allowed to build without making improvements or executing a Bill of Assurance. Powell explained the Skate Place building permit had been issued at the time the developers made their promise to improve the rest of the street, so it did not seem necessary at the time to ask the Skate Place to make improvements. Director Osborne asked Powell if there was a deadline placed on the commencement of Phase Two and Powell stated there were only verbal promises made; Mr. Edens noted, if there is nothing legally binding the developer to making street improvements, his promise of a Bill of Assurance and his willingness to enter into a street improvement district with others in the area "is a thousand percent- more than what you've got right now to complete the street". Director Johnson seconded the motion to approve. Director Orton asked that the City Attorney look into the issue of any legal obligations binding the developer. Upon roll call, the motion passed, 6-0. SIDEWALK INSTALLATION/HARMON AVENUE Director Osborne introduced a request by area authorize the installation of a sidewalk along Avenue from West Center Street to Fairview. to represent this request. Director Sharp reported residents attended the at which the request was discussed, and it is the committee that the sidewalk be installed. by Orton, made a motion to that effect. Upon passed, 6-0. SUBDIVISION WAIVER REQUEST/YORKTOWN SQUARE residents that the Board the east side of Harmon There was no one present Street Committee meeting the recommendation of Director Sharp, seconded roll call, the motion Director Osborne introduced a report from the Board Street Committee regarding waivers requested by Wade Bishop, regarding the preliminary plat of Yorktown Square. Director Sharp, speaking for the Street Committee, reported the committee addressed the question of the offset from Loxley Avenue, which creates a dangerous situation where it goes into Rolling Hills Drive. Sharp explained the offset is required to be 150 feet but in this case is 30fi 306.1 306.2 306.3 306.4 306.5 306.6 306.7 33i 2-7-84 307.1 only about 90 feet. Sharp stated the committee took no formal action but wished the Board to review the situation, since there were serious questions raised about the safety aspect. 307.2 Wade Bishop and Engineer Mel Milholland were present to address the Board. Bishop stated the plat was designed in an attempt to have a "nice street layout". Bishop stated also that Street Superintendent Powell has found the layout to be the most practical approach and has no serious objections. Powell stated that, during Plat Review Committee, he stated that he did not object to granting the variance and that it is an efficient and practical use of the lots being developed, and that the maximum has been realized in the traffic circulation of the interior. Powell stated he did not wish to oppose the Planning Commission on the offset street intersection; also that he was not opposed to it initially. 307.3 There was sentiment expressed by some Board members that it was premature for the Board to be considering this request without it first being taken up by the Planning Commission. The City Attorney explained he had been asked if this request could be taken before the Board and there is a provision in the Subdivision regulations that authorizes a subdivider to appeal from disapproval of a plat as submitted. McCord stated, even though the Planning Commission had not taken a final vote for disapproval, they clearly indicated they disapproved the failure to comply with the minimum jog requirement and the proposed tandem lot; that the matter was tabled solely because the subdivider didn't present proof of notice to abutting property owners as required by the Ordinance. McCord noted the Board has the option of overriding the Planning Commission on those two points, affirming the Planning Commission or referring it back to the Planning Commission for further study. 307.4 Director Orton stated she felt the Board should uphold the decision of the Planning Commission since, when the Ordinance regarding tandem lots was passed, the point was made that tandem lots were not to be used by developers to try to get more lots, but were to be used in cases where it was dictated by the terrain. Orton also noted the 150 foot offset requirement is for safety reasons, and she sees no reason for the Board to abandon that planning guideline. Mel Milholland stated the layout presently before the Board has been reviewed by Plat Review and Subdivision Committees, as well as Planning Commission. He stated they would prefer to use this layout and for this reason have brought it before the Board in the hopes of expediting the project. Bishop explained they now have obtained proof of notification of the adjoining property owners. 307.5 Director Orton made a motion to uphold the decision of the Planning Commission to disapprove the tandem lot and the failure to comply with the minimum jog requirement. There was no second to that motion. 1 2-7-84 After further discussion, Director Sharp, seconded by Osborne, made a motion to refer this item back to the Planning Commission. Director Osborne stated he had received a note from property owners who wish the Board to know they oppose the request simply because they were not notified. Upon roll call, the motion passed, 6-0.. POLICE & FIRE COMMITTEE REPORT Osborne introduced a report from the Board Police and Fire Committee. Director Bumpass reported the committee considered the new deadly force policy which had also been considered,by the Police Chief and •City Attorney, and the committee recommended the change in the policy to reflect current case law on the use of deadly force in the pursuit of felons., Director Bumpass, seconded by Johnson, made a motion to pass a resolution to this effect.• Upon roll call, the motion passed, 6-0. RESOLUTION NO. 19-84 APPEARS•ON.PAGE 494 OF ORDINANCE & RESOLUTION BOOK X411 • Director Osborne stated the review of possible improvements to the Fire Department is tabled until a future meeting. LAND PURCHASE Osborne introduced a request by the Water and Sewer Superintendent for authorization to purchase a 25 -acre parcel of-land.located -south of, and adjacent to, the Pollution Control Plant property for the appraised price of $50,000. Director Lancaster, seconded by Orton, made a motion to approve the request. Upon roll call, the motion passed, 6-0. RESOLUTION NO. 20-84 APPEARS ON PAGE ot2o OF ORDINANCE & RESOLUTION BOOK XVvit.1 RICHT-OF-WAY ACQUISITION/CITY LAKE ROAD Director Osborne introduced a resolution authorizing the initiation of condemnation proceedings for the acquisition of a ten foot street and utility easement which lies on the east side of an existing 25 foot utility easement along the west side of City Lake Road (State Highway 156 South), south of Pump Station Road. 30P 308.1 308.2 308.3 308.4 308.5 308.6 309 2-7-84 309.1 Director Bumpass, seconded by Johnson, made a motion to pass the reso- lution. 309.2 Director Orton questioned the purpose of the acquisition. Assistant City Manager McWethy explained it is needed for the location of lines for Southwestern Bell Telephone Company on the west side of the road - that the highway widening will take place on the east side of the road. McWethy stated he had met with the property owner involved and believes "we are going to be able to work this out", but in order to protect the City's interest and expedite the project, McWethy explained authorization is being requested now with the intent to work things out before filing any proceedings. 309.3 A resident of the area, Ms. Kelly, asked how far this work would extend. McWethy stated the telephone line would start on City Lake Road where Pump Station Road comes in (at the point of Dodson Lewis Lane), would go along the west side of City Lake Road about 350 feet to the railroad track, at which point the line would go under the road and adjoin a City easement. Director Lancaster stated the first phase of the Highway Department's road building would go to the Industrial Park. Director Osborne pointed out the construction would stop at the point of the new plant, that Ms. Kelly's property lies south of that point, so that her property should not be affected. McWethy stated the total fifty feet being acquired by the Highway Department, for the road widening, is on the east side of the road (from parcels owned by the Industrial Park Committee). McWethy stated the only parcel being affected by the phone lines is the parcel now being addressed by the Board. Director Osborne suggested the residents could obtain additional details by calling the Assistant City Manager's Office. Upon roll call, the motion passed, 6-0. r^ RESOLUTION NO. 21-84 APPEARS ON PAGE 2,1 OF ORDINANCE & RESOLUTION BOOK Mk j 1984 NATIONAL ELECTRIC CODE W/AMENDMENT 309.4 Osborne introduced an ordinance adopting the 1984 version of the National Electric Code, with an amendment requiring that all lights be controlled by approved switches. 309.5 City Attorney McCord stated the required Notice and three copies of the Code have been filed with the City Clerk. The City Attorney read the ordinance for the first time. 1 1 1 2-7-84 Director Lancaster asked Electrical Inspector Tom Tucker to explain the proposed amendment and the reason for its adoption. Tucker stated the Board had passed an ordinance to disallow "pull chains" and require that all lights have switches, except for certain rooms. Tucker stated the Electrical Board felt, in order to prevent accidents and to eliminate theineed for "policing" the requirement, the wording should state that all lights must have switches. Director Johnson, seconded by Bumpass, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed, 6-0. The City Attorney 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, 6-0. The City Attorney read the ordinance for the final time. Upon roll call, the ordinance passed, 6-0. ORDINANCE NO. 2977 APPEARS ON PAGE fl '7y OF ORDINANCE & RESOLUTION BOOK x1/+ BID WAIVER/READY-MIXED CONCRETE Osborne introduced an ordinance waiving competitive bidding requirements for the purchase of ready -mixed concrete and authorizing a one-year purchase agreement with Arkhola Sand and Gravel. The City Attorney read the ordinance for the first time. Director Johnson, seconded by Bumpass, made'a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed, 6-0. Director Lancaster stated it should be made clear the bidding is not really being waived. The City Attorney stated the City did take compet- itive quotations but the publication of the Notice of competitive bids and the statutory requirements were not followed because of the time frame. The City Attorney 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, 6-0. The City Attorney read the ordinance for the final time. Upon roll call, the ordinance passed, 6-0. ORDINANCE NO. 2978 APPEARS ON PAGE &'J( OF ORDINANCE & RESOLUTION BOOK Yt// 310.1 310.2 310.3 310.4 310.5 310.6 311 2-7-84 BID WAIVER/APPLIANCES & FURNISHINGS 311.1 Osborne introduced an ordinance waiving competitive bidding requirements for the purchase of appliances for the renovated City Hall; and autho- rizing the purchase from Dennis Home Furnishings. The City Attorney stated the Assistant City Manager has asked that this ordinance include lateral files, data processing furnishings and benches for the Board Room, which would be purchased from various businesses. 311.2 The City Attorney read the ordinance for the first time. Director Johnson, seconded by Bumpass, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed, 6-0. The City Attorney 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, 6-0. The City Attorney read the ordinance for the final time. 311.3 Director Osborne asked if "benches" would include the benches for the audience, the bench for the Judge, and the Board Room tables. McWethy stated the ordinance was worded only to cover benches for the audience, that it probably should be amended to cover the other items. 311.4 Director Osborne, seconded by Bumpass, made a motion to amend the ordinance to authorize Marynm Bassett to acquire by negotiation the furnishings discussed, including the tables for the Directors, the Judge's bench, and attendant items. Director Orton asked that it be made clear that quotations are being sought, even though the competitive bidding is to be waived. Upon roll call, the amendment passed, 6-0. Upon roll call, the ordinance passed, 6-0. ORDINANCE 2979 APPEARS ON PAGE (%/ OF ORDINANCE & RESOLUTION BOOK X d( 1984 BUDGET APPROVALS 311.5 Director Osborne introduced consideration of the 1984 budgets. Finance Director Scott Linebaugh brought up changes to the budgets which had been submitted to the Board, as follows: 311.6 Replacement of Page 2, General Fund Budget Page 1, General Fund Budget: Change $1,410,031 to $1,327,770 before any adjustments Page 37, General Fund Budget 10-001 should be increased $4,000 to cover a part-time employee in the City Clerk's Office (recommended by Finance Committee and inadvertently omitted) Page 47, General Fund Budget: Planning/Professional Services; Not approved by Finance Committee but brought up by 1 1 1 2-7-84 Director Bumpass is the addition of $12,500 for matching on a grant for planning on the renovation of Dickson Street (a grant wherein the State would pay approximately $50,000, property owners would pay approximately $12,500 and the City would pay approximately $12,500). Director Bumpass noted this would only take place in the event that we are selected as a "Main Street" City. Page 9, Sanitation Budget: 20-051 - The budget now reflects $94,000 for Northwest Arkansas Resource Recovery. $44,100 of this is for an extension on Phase IV. The Board has previously approved $90,000 for Phase IV but overruns have caused this amount to be increased by $52,143. This has been changed since the Finance Committee meeting. Linebaugh noted the total budget amounts to $23,568,713; of which $12,038,000 is operating expenses; capital expenses are $6,400,000; and bond expenses are $5,100,000 (rough figures'): He stated also this budget places all funds on a December 31 year-end for the first time in 25 years. 312.1 312.2 Director Orton stated that "3330" on page 8 should read "3308". 312.3 Director Osborne, seconded by Bumpass, made a motion to approve the budgets, with amendments as outlined by Mr; Linebaugh'. Upon roll call, the motion passed, 6-0. - RESOLUTION NO: 22-84 APPEARS ON PAGE � OF ORDINANCE &.RESOLUTION BOOK )(VHJ • Municipal Court Accounts Receivable Linebaugh, in reference to a request made at budget hearings, reported the Municipal Court accounts receivable have been studied and that he has distributed a memo regarding these findings. After discussion regarding collection problems on accounts over 120 days, it was decided to ask the Municipal Court Judge and City Prosecutor for their recommen- dations on how to address this problem. • OTHER BUSINESS • Committee on Opening of Renovated City Hall' Director Sharp asked for recommendations from 'the Board'on festivities for the opening of the renovated City Hall. Osborne stated this has been discussed and a date agreed upon for May 1st: Osborne also stated he had asked Director Johnson to coordinate. the effort; but that he • 312.4 312.5 312.6 313 2-7-84 313.1 thought an employee and a citizen should also be chosen to serve on a committee. Osborne asked that Director Sharp and a representative of the City Manager's Office serve on that committee along with Director Johnson and that they select two or three citizens to help coordinate these efforts. Highway 62 Widening 313.2 Director Sharp reported that the City Manager is pursuing the matter of the widening of Highway 62 with the contractors. Flouridation 313.3 City Engineer Don Bunn reported that he had visited the flouridation facility to inspect the work which had been done. He stated the repairs are almost completed, with one outside pipe left to be insulated. Bunn stated flouride is expected to be ordered before the end of this week and the facility is expected to be in operation within two weeks. Director Osborne asked Bunn to submit a written report to the Board for the next meeting. Bunn explained that one joint had failed back in August, causing the rest of the flouride in the tank to leak out; that there were several other similar joints which failed; that some valves have been changed out or eliminated where problems have been caused in the past. Bunn stated, with these, repairs, he thought the facility should be "on line" for quite some time. At Director Johnson's suggestion, Don Bunn agreed some parts should be kept on hand to eliminate the problem of having to wait so long to make repairs; that the engineers involved have indicated a willingness to do this. Amendment to Parks Plan Resolution Repealed/Public Hearing 313.4 Director Johnson stated the Board received a memo dated February 3 and addressed to City Manager Grimes, regarding the amendment to the Parks Plan. Director Johnson, seconded by Sharp, made a motion to repeal Resolution No. 139-83, which was a request of the Planning Commission to hold a public hearing to amend the Parks Plan to comply with a Supreme Court decision. 313.5 Director Orton questioned this action in that the Planning Commission has not yet held a public hearing and has appointed a committee to meet with the Parks Board. Assistant City Manager McWethy noted, since there are three new planning commissioners, and since the commission was not presented the entire green space ordinance, but only the amend- ments, the action of the commission was to continue the public hearing until a later meeting. Director Johnson stated the Parks Plan was reviewed and approved by the City Attorney, the Chairman of the Parks and Recreation Advisory Board and by the Parks and Recreation Director. 1 1 2-7-84 Director Sharp pointed out, if the Board'adopts•the amendments now, the City can begin enforcing the Parks ordinance again; that if the Planning Commission came up With "some drastic changes", the Plan can still be changed. City Attorney McCord explained the Board has the discretion to wait 'until the Planning Commission completes the process they have begun by appointing a committee and continuing the public hearing, etc., or the Board has the statutory authority to amend the Plan and amend the Ordinance without the public hearing process. Ditector Orton asked if there was a legal requirement to hold the public hearing. McCord stated the amendments can be made to the ordinance either by the public hearing process or by a majority vote of "the governing body". Director Orton asked that it be made clear to the Planning Commission that, if they have any suggested amendments, the Board would like to receive those recommendations. Orton stated also she thought it important in the planning process that the'Planning Commission become familiar with the Parks Plan. The City Attorney stated, if the Board should decide to adopt the amendments by a majority vote and expedite the process, it would be redundant to hold a public hearing. Upon roll tall, the motion passed, 6-0. RESOLUTION NO. 23-84 APPEARS ON PAGE Am OF ORDINANCE & RESOLUTION BOOK gym I1 Code Amendment by Majority Vote City Attorney McCord explained State enabling legislation states a planning ordinance may be amended by a majority vote of the governing body without a prior public hearing by the Commission; that a recent Supreme Court decision stated the ordinance must -expressly grant that option to the governing body. McCord stated, since this is a procedural aspect of the ordinance rather than substantive, he thinks this can be done without a public hearing. The City Attorney read an ordinance authorizing the Board to amend the Plan•by amajority vote without the public hearing process. Director Johnson, seconded by Bumpass, made a motion to suspend the rules and place the ordinance on second. reading. Upon roll call, the motion passed, 6-0. The City Attorney read the ordinance for the second time. Director Johnson, seconded by Bumpass, made a motion to further suspend the rules and place the'.otdinance on third and final reading. Upon roll call, the motion passed, 64-0. The City Attorney read the ordinance for the final time. 3i. 314.1 314.2 314.3 314.4 315 2-7-84 315.1 Director Orton commented that it is not good practice to bypass the Planning Commission or dispense with a public hearing on an issue that is a planning subject. Director Sharp pointed out that there were hours of input from Planning Commissioners as well as from the City Attorney, developers, citizens, and Parks and Recreation represen- tatives but that the court has simply asked for changes to be made to make things more specific. Upon roll call, the ordinance passed, 6-0. ORDINANCE NO. 2980 APPEARS ON PAGE OW OF ORDINANCE & RESOLUTION BOOK X4'( Ordinance to Amend Parks Plan 315.2 City Attorney McCord introduced, and read for the first time, an ordinance amending the Parks Plan in accordance with the amendment prepared by the Planning Consultant and reviewed and approved by the Parks and Recreation Director, the former Chairman of the Planning Commission and the City Attorney's Office. Director Johnson, seconded by Bumpass, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed, 6-0. The City Attorney 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, 6-0. The City Attorney read the ordinance for the final time. Upon roll call, the ordinance passed, 6-0. ORDINANCE NO. 2981 APPEARS ON PAGE QJ'3 OF ORDINANCE Z RESOLUTION BOOK KV) Ordinance to Amend Parks Ordinance 315.3 City Attorney McCord introduced, and read for the first time, an ordinance that would amend the Parks ordinance itself to comply with certain requirements indicated in the IBI decision and outlined in his memorandum to the Board dated February 3. Director Johnson, seconded by Bumpass, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed, 6-0. The City Attorney 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, 6-0. The City Attorney read the ordinance for the final time. Upon roll call, the ordinance passed, 6-0. ORDINANCE NO. 2982 APPEARS ON PAGE 6,95" OF ORDINANCE & RESOLUTION BOOK X U 1 1 1 1 2-7-84 Glenn Will Lawsuit City Attorney McCord asked that the Directors study the proposed settlement offer in regards to the Glenn Will lawsuit, for consideration :at the next meeting. McCord asked the Directorsto feel free to call him with questions or requests for additional information. Carroll Electric Cooperative Corporation/Rate Increase McCord stated Attorney Walter Niblock, Counsel to the Beaver Water District,,has advised him that the Carroll Electric Cooperative Corporation has filed for a change in the wholesale power rate charged to members; that the application is before the Public Service Commission and, if granted, will result in a substantial increase to municipal members of the Beaver Water District. McCord related that Niblock is requesting each municipal member intervene in the case, opposing the proposed rate increase. Director Osborne stated he would be opposed to the rate increase, but thinks the City would be "treading on the jurisdiction of the Public Service Commission" to presume that we would know more about the matter than they would. Osborne stated he thought it "was almost rainbow chasing" to just oppose a rate increase without some factual basis or without hiring rate consultants and efficiency experts. • Director Lancaster suggested the opposing the rate increase, and The motion was seconded by Bumpass Board could simply pass,a resolution he made a motion to that effect. and upon roll call, passed, 6-0. RESOLUTION NO. 24-84 APPEARS ON PAGE 02 BOOK )VH OF ORDINANCE & RESOLUTION Annual Meeting/Parks & Recreation Advisory Board The annual meeting of the Parks & Recreation Advisory Board with the City Board of Directors was confirmed for February 14, 1984 at 4:15 P.M. in the Continuing Education Center. Wage and Salary Study Director Osborne asked that a committee be formed to review proposals from firms who submitted qualifications for performing a comprehensive wage and salary study. Osborne suggested the appointments of Marilyn Johnson to chair the committee, along with Ernest Lancaster and Paul Noland. Osborne stated the committee would narrow down the proposals to those who will be interviewed, and arrange to schedule the interviews with the committee, to be open to all Board members. 316.1 316.2 316.3 316.4 316.5 316.6 31t 2-7-84 Update on Solid Waste Project 317.1 Assistant City Manager McWethy noted an update on the Solid Waste Facility from Ann Henry (Chair, Northwest Arkansas Resource Recovery Authority) had been distributed to the Board. MINUTES 317.2 The following corrections were made to the Minutes of the Board meeting of January 17, 1984: 317.3 290.2: "Marian" should be "Marion" 317.4 280.1: "fringe" should read "fringe benefits" 317.5 With those corrections, the Minutes of the January 17, 1984 meeting were approved as distributed. ADJOURNMENT 317.6 With no further business before the Board, the meeting was adjourned at 10:30 P.M. 1 1