HomeMy WebLinkAbout1984-04-17 Minutes•
MINUTES OF A BOARD OF DIRECTORS MEETING
A meeting of the Fayetteville City Board of Directors was held at
7:30•P.M. on Tuesday, April 17, 1984 in the Board Room of the City
Administration Building, 113 W. Mountain Street, Fayetteville, Arkansas.
n PRESENT: Mayor Noland;;Directors Lancaster, Martin, Orton, Sharp,
N Bumpass and Johnson; City Manager Grimes, Assistant
City Manager McWethy, City Attorney McCord and City
.1.J Clerk Kennedy
n
Q
CALL TO ORDER
Mayor Noland called the meeting to order and asked for a moment of
respectful silence. The Mayor welcomed newly appointed Director William
V. Martin.
LETTER OF APPRECIATION FROM CITY.EMPLOYEES
Mayor Noland announced that flowers had been brought to the Board
Room before the meeting by a City employee, accompanied by a letter
to the Board and the citizens of Fayetteville, expressing appreciation
for the remodeled .facilities. The Mayor read the letter, stating
it had been signed by 37 employees.
PRESENTATION BY WARNER AMEX CABLE
Mayor Noland introduced the Warner/AMEX local cable manager, Hank
Sheraw, who the Mayor stated was present to participate in a dialogue
with Fayetteville citizens who have expressed concerns about the company's
channel line-up and related matters. Noland explained this presentation
came about as a result of complaints many Directors received from
Fayetteville citizens with respect to recent changes in programming.
Hank Sheraw first addressed the topic of the current channel line-up,
explaining the current controvery arose when Channel 10 was added,
and CBN and C -Span were moved from their previous time zones to a
41
41.1
41.2
41.3
41.4
42
April 17, 1984
42.1 midnight to 6:30 A.M. format. Sheraw stated the cable company was
ordered, by Channel 10, to add them to the system because the FCC
states Channel 10 satisfies the FCC rules and regulations. Sheraw
stated seven other channels as well are deemed "must carry signals".
Sheraw stated the federal government developed regulations in the
mid to late 1960's after conducting a door-to-door survey of Washington
County residents and determining "a significantly viewed list".
Sheraw cited three federal regulations under which he is mandated
to carry certain stations: (1) all stations on the "significantly
viewed list" must automatically be carried; (2) any station within
fifty miles must be carried; and (3) stations just marginally outside
the fifty mile rule which pass certain tests and can achieve certain
quotas may send a registered letter asking to be carried (the ruling
under which Channel 10 was added).
42.2 Sheraw stated when they found they had to add Channel 10 they conducted
a "negative survey" asking customers to give 3 choices of channels
they would prefer to have removed from the system. Sheraw stated
approximately 10,500 surveys were sent out with a customer billing.
He stated there are about 13,000 customers all of whom are not billed
every month. Sheraw reported 3,912 surveys were returned and over-
whelmingly asked to have CBN and C -Span removed as the primary choices.
Sheraw stated the decision was made, rather than removing CBN and
C -Span, to change their time format to start at midnight. Sheraw
stated he did not like having to carry 3 CBS stations and 3 ABC stations
but stated "he cannot avoid it".
42.3 Addressing future plans for the local cable company, Sheraw presented
several possibilities for the future:
42.4 (1) To continue the present 12 -channel system;
(2) To attempt an inexpensive "minor upgrade" to the system,
at a cost of about $5,000, which might provide 2 or 3 additional
channels on what is called the "super band";
(3) To attempt an "electronic upgrade" at a cost of $1 to $2
million (installation of new amplification equipment); or
(4) To rebuild all equipment, over a two-year period, at a cost
of $7 to $10 million.
42.5 Director Bumpass asked Sheraw if any channels are open. Sheraw stated
Channels 14 and 20 are not being used; that Channel 14 has never been
used because the FAA has the authority to use this frequency for ground
to air communications at any time; that Channel 20, because of technical
problems, does not always provide a good picture.
42.6 Dennis Peterson addressed the Board, stating he represented a group
of citizens concerned about the recent change in programming, specifically
the time change for CBN. Peterson introduced several speakers.
1
D
n
Q
April 17, 1984
Mike Little, Group Vice -President for CBN, addressed the Board, pointing
out CBN is not just a "Christian channel" but also provides family
entertainment. Little stated the Nielson Company has indicated CBN
as having some of the most watched programs. Little noted there has
been a 70% increase in viewing hopseholds since the 1983 survey was
conducted; also that hedid not think the survey was the most accurate
or most reflective of the wishes of the people. Little claimed the
Warner system has a.corporate agreement to carry CBN and that the
decision not to do so needs further examination.
George Tharel, citizen of Fayetteville, presented the Board with a
petition with signatures from 786 persons asking to have CBN back
in the daytime.
Dennis Peterson stated he had contacted other cable companies in Northwest
Arkansas, specifically referring to the city of Rogers which he stated
has upgraded their cable system to 35 channels at a cost of about
$700,000.00. Peterson claimed, since 90% of the Fayetteville households
already subscribe tothe cable, company, there is no incentive for
Warner to improve service.
Bill Schaefer addressed the Board, referring to a 1982 ad hoc committee
which he stated was formed specifically to study Warner Cable rates
and complaints. Schaefer stated minutes from that committee's meetings
in August and September 1982 show that the former manager of the cable
company had stated he felt the system would be upgraded within the
next three years. Schaefer also referred to a memo the City Attorney
sent to the cable company on. September 13, 1982, asking for "...a
written response within thirty days outlining any plans the company
has for upgrading Fayetteville's cable television system to a state-
of-the-art level..." Schaefer stated minutes of committee meetings
reflect that the response from Warner to the City Attorney's request
was "slow and unsatisfactory". Schaefer noted Mayor Todd, in a November
22, 1982 meeting, stated "...most of the people are expressing the
desire to have CBN..." Schaefer; also stated there isa rumor that
three other NBC affiliate channels plan to. get themselves.added under
the same "must carry" provision used by Channel 10.
A woman who addressed the Board regarding her dissatisfaction with
the quality of programming available, stated she plans to disconnect
her cable service unless there is a change made. A gentleman addressed
the Board, stating "CBN helps me keep my life together...it is not
recreation - its an absolute necessity." Another woman who addressed
the Board in support of CBN stated she thinks "the way the Lord will
reach the whole world is through the satellite..."
43
43.1
43.2
43.3
43.4
43.5
Robert Gross, cable subscriber, presented some additional petition 43.6
signatures in support of CBN.
44
April 17, 1984
44.1 Sheraw explained that cities with less than 1,000 subscribers to their
cable systems do not have to abide by FCC rules. Sheraw stated the
fact that certain stations must be carried is a fact corroborated
by his legal department. He stated "if I could dump an ABC or CBS
station and put CBN on tomorrow, I would do it". Sheraw stated also
he did not want to add Channel 10. He stated the only ways to get
rid of "must carry" stations are (1) through the courts; (2) legislatively;
or (3) by the FCC doing it on their own. Sheraw stated the cable
company has spent a great deal of money lobbying to get rid of some
"must carry" rules, unsuccessfully. Sheraw admitted the cable company
"is here to earn money", stating he would not make a business decision
to make additional capital investments at a time when it is not eco-
nomically feasible. He stated also it cost him money to take CBN
off, because of antennas which had to be purchased to add Channel
10.
44.2 Mayor Noland asked how soon the most inexpensive upgrade of the system
could be carried out. Sheraw stated it would take a minimum of 90
to 100 days before installation and testing could take place. Sheraw
stated he did not know at this time whether the addition of new channels
would raise customer rates.
44.3 Director Johnson asked when the franchise expires. City Attorney
McCord stated the expiration date is 1990.
44.4 Director Johnson stated there is a Bill pending in the House of Repre-
sentatives, HR4103, dealing with cities' ability to regulate cable.
She stated if this Bill passes, it will eliminate any control cities
have over cable. Johnson urged citizens to write their congressmen
asking them to defeat that B111. She stated a similar Bill (Senate
Bill 66) has already been passed.
44.5 Director Johnson stated she would like to encourage Warner to demonstrate
some responsiveness in their programming decisions and return C -Span
and CBN to the cable (perhaps CBN could be added to Channel 14); for
Warner to produce the annual summary report, certified correct by
an independent CPA firm, showing the gross revenues received by the
company during the preceding year. Johnson stated the last statement
filed in the City Clerk's office was filed in 1977. Johnson stated
"we have grounds that the franchise is not being met".
44.6 Director Johnson, seconded by Bumpass, made a motion that the City
adopt a resolution requesting the FCC to reduce its duplicated "must
carry" stations or to provide relief; that the City rewrrite the franchise
and re -negotiate with Warner.
44.7 Director Orton noted the Board had, in the past, made a request of
the FCC, asking how "must carry" stations could be dropped. The City
Attorney read a letter he received dated September 29, 1982, in which
1
1
April 17, 1984
the FCC stated "...There is no process in the Commission's rules for
de -certification of a significantly viewed signal. The Commission
when it adopted the rules relating to mandatory carrying of significantly
viewed signals was quite clear ... for example, it is not sufficient
to simply allege that cable subscribers have expressed a preference
for a different set of services than the rules mandate..." The City
CO Attorney stated the implication is a new survey is needed to_indicate
Ln that certain stations are no longer "significantly viewed". The City
Attorney stated, if a resolution is passed,.he_w_ould__forwardit to
the FCC and request a response.
W
Director Martin asked the City Attorney what implications there could
Q be regarding the suggestion to rewrite the franchise., McCord stated
most of the issues raised at this meeting have been addressed by the
ad hoc committee during months of deliberations. He stated he had
been asked to render opinions on many of those issues, one of which
was the ability of the City to unilaterally remand a franchise.
McCord read from that opinion, which stated "... a franchise granted
to a corporation for a specific purpose becomes ...a binding contract
...that a contract may, be modified by the mutual agreement of the
parties. It cannot be modified unilaterally by one party." McCord
' stated he concluded that "...any desired modification should be attempted
by negotiation and mutual agreement with Warner Cable. rather than
a unilateral attempt by this Board to amend the ordinance which would
most probably precipitate litigation."
Hank Sheraw stated Warner Cable would not "steadfastly refuse to talk
or negotiate".
Director Martin suggested that "in the, spirit of cooperation" he.would
like to see the survey plan and consider whether a different survey
could be performed if it appears that the first survey had some legitimate
statistical errors. Sheraw stated he had the survey results available
at his office and he distributed a sample of the survey to the Directors.
Upon roll call, the motion passed, 5-2, with Directors Martin and
Sharp voting against the motion, Sharp stating he was in agreement
with the first part of the motion but did not wish to go against the
City Attorney's recommendation to negotiate rather than to unilaterally
attempt to change the franchise. Director Johnson stated the intent
of her motion was only to renegotiate. Directors Martin and Sharp
then asked to have their votes changed to "yes", causing the motion
to pass unanimously.
Mayor Noland stated the,Board would review,the existing franchise
and make some further decisions.
The City Attorney pointed out the franchise with Warner Cable is not
exclusive; that any entity wishing to go into competition may apply
for a franchise. Mayor Noland asked the City Attorney to distribute
45
45.1
45.2
45.3
45.4
45.5
45.6
45.7
46
April 17, 1984
46.1 copies of the existing franchise to the Board members.
RESOLUTION NO. 49-84 APPEARS ON PAGE 3,9 OF ORDINANCE & RESOLUTION
BOOK XVII
RESOLUTION NO. 50-84 APPEARS ON PAGE 330 OF ORDINANCE & RESOLUTION
BOOK yViii
FREE-STANDING SIGNS IN R-0
46.2 Mayor Noland introduced an ordinance which would amend the City Code
to allow certain kinds of free-standing signs in R-0, Residential -Office,
zoning districts. The Mayor explained free-standing signs presently
are not allowed in any residential district, except on appeal to the
City Board.
46.3 Director Orton suggested, if the free-standing signs are allowed,
there should be no wall signs allowed (that a choice would have to
be made between a wall sign or a free-standing sign). It was clarified
that the ordinance does permit a wall sign up to 16 square feet in
size.
46.4 It was the consensus of the directors that the following restrictions
be contained in the proposed ordinance:
46.5 (1) the maximum display surface area shall not exceed four square
feet;
(2) the sign shall be set back a minimum of 15 feet from street
right-of-way;
(3) the height of the sign shall not be greater than six feet
above the level of the street upon which the sign faces;
(4) the sign shall be set back a minimum of twenty-five (25)
feet from the boundary of any R district;
(5) the sign shall be erected a minimum of ten feet from adjoining
property; and
(6) the sign may be illuminated by indirect illumination only.
46.6 The Mayor asked if there was anyone present who wished to speak against
the ordinance. There was no response.
46.7 The City Attorney read the ordinance for the first time. Director
Lancaster, seconded by Johnson, made a motion to suspend the rules
and place the ordinance on second reading. Upon roll call, the motion
passed, 7-0. 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, 7-0. The City Attorney read the
ordinance for the third and final time.
1
April 17, 1984
During discussion regarding how to determine the height of a sign
in cases of unusual terrain, the City Attorney explained "street level"
is a consistent standard from which to measure; that the variance
provision exists to address unusual circumstances.
47
47.1
Sign Inspector Bert Rakes pointed out item (5) would apply only to 47.2
the commercial or industrial zones because item (4) already addresses
n the setback from the residential districts. He noted also that the
provision presently in the ordinance is that a sign in a commercial
zone must be set back 25 feet from a residential zone.
n Upon roll call, the ordinance passed, 7-0. 47.3
Q ORDINANCE NO. 3001 APPEARS ON PAGE 4, 3 OF ORDINANCE & RESOLUTION
BOOK )(VISI
SIGN APPEAL/AMERICAN AWNING & PATIO
Mayor Noland introduced an appeal from the Sign Ordinance for American
Awning & Patio located at 701 North College Avenue, stating the petitioner
requests permission to leave a 32 -square foot roof sign, installed
without a permit, in place. Rick Dillard was present to represent
the petition.
Dillard explained he purchased a sign permit when he installed the
awning, intending to have a sign on the awning. Dillard stated the
awning sign was never installed and he has now decided he wishes to
use his roof as the location for his sign. He explained he was not
aware he needed another permit for the roof sign, since he had never
installed the sign for which he originally purchased a permit. He
stated he never considered having a pole sign, that there is not much
room since customers of "Norma Jean's" use the parking lot.
Director Orton made a motion to deny the petition. Director Lancaster
seconded the motion, pointing out the Board had imposed restricted
uses for this property, and then had "reworked" those restrictions
a second time. Upon roll call, the motion passed, 7-0.
REZONING PETITION R84-6/305 N. UNIVERSITY AVE.
Mayor Noland introduced an ordinance rezoning 0.12 acres located at
305 N. University Avenue from R-3, High Density Residential, to C-3,
Central Business Commercial district. Noland stated the Planning
47.4
47.5
47.6
47.7
48
April 17, 1984
48.1 Commission recommended, 7-0, to approve this rezoning and the Planning
Consultant had also recommended approval. There was no one present
to represent the petition.
48.2 The City Attorney read the ordinance for the first time. Director
Lancaster, seconded by Johnson, made a motion to suspend the rules
and place the ordinance on second reading. Upon roll call, the motion
passed, 7-0. The City Attorney read the ordinance for the second
time. Director Johnson, seconded by Orton, made a motion to further
suspend the rules and place the ordinance on third and final reading.
Upon roll call, the motion passed, 7-0. The City Attorney read the
ordinance for the third and final time.
48.3 Director Bumpass made a motion to table the ordinance until the petitioner
can be heard. There was no second to that motion.
48.4 The Mayor asked if there was anyone present to speak in opposition
to the ordinance. There was no response.
48.5 Upon roll call, the ordinance passed, 6-1, with Bumpass voting against
the ordinance.
ORDINANCE NO. 3002 APPEARS ON PAGE i%4,474 OF ORDINANCE & RESOLUTION
BOOK XVI I I
BID WAIVER/WATER h SEWER PURCHASES
48.6 Mayor Noland introduced an ordinance waiving competitive bidding requir-
ements for the purchase of cast iron pipe and fittings, ductile iron
pipe, soil pipe, water meters, clay pipe and fittings, and plastic
pipe and fittings for the Water and Sewer Department.
48.7 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, 7-0. 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, 7-0. The City Attorney read the
ordinance for the third and final time
48.8 Mayor Noland explained that, in a case where competitive bidding require-
ments are waived, telephone bid quotations are still obtained. Director
Johnson asked if all the purchases would be made from one low bidder.
1
April 17, 1984
Purchasing Agent Mackey explained awards, in this case, will be made
to more than one low bidder.
ORDINANCE NO. 3003 APPEARS ON PAGE illoia OF ORDINANCE & RESOLUTION
BOOK 1(U0
-n AIRPORT LEASE AGREEMENT
JJ Mayor Noland introduced a resolution authorizing the execution of
fl a lease agreement with Williams Ford Tractor & Equipment Company,
Q for the two-year lease of airport grounds maintenance equipment.
Director Bumpass asked why the recommendation is to lease rather than
purchase the equipment. Purchasing Agent Mackey stated it is less
expensive, in the long run, to lease the equipment; that there is
no heavy cash outlay on the front run; it is more cost-effective as
there is less "down time" on the equipment.
Director Johnson, seconded by Lancaster, made a motion to pass the
resolution. Mackey stated there would be a maintenance agreement
for the equipment.
49
49.1
49.2
49.3
49.4
Upon roll call, the motion passed, 7-0. 49.5
RESOLUTION NO. 51-84 APPEARS ON PAGE 3I OF ORDINANCE & RESOLUTION
BOOK 'XVIII
ESCROW AGREEMENT/BONDS DEFEASANCE
Mayor Noland introduced a resolution authorizing the execution of
an escrow agreement for the defeasance of outstanding Act 9 Industrial
Development Revenue Bonds issued for the Mexican Original project.
The City Attorney explained this action is part of the acquisition
of Mexican Original by Tyson Foods, Inc. He stated it is necessary
to have the lien on the existing project released; that Mexican Original
will deposit sufficient funds with a trustee in order to pay off the
interest and principal on the bonds..
49.6
49.7
Director Orton, seconded by Johnson, made a motion to pass the resolution. 49.8
Upon roll call, the motion passed, 7-0.
RESOLUTION NO. 52-84 APPEARS ON PAGE ,335 OF ORDINANCE & RESOLUTION
BOOK XVIII
50
April 17, 1984
ARKANSAS GOOD ROADS COUNCIL
50.1 Mayor Noland introduced a request by the "Arkansas Good Roads/Transpor-
tation Council" for Board approval of a resolution supporting, among
o ther provisions, Act 685 of 1983. The Mayor noted this item had
been tabled from the last meeting until the Board could review Act
685.
50.2 It was the consensus of the directors not to take any action on this
request.
UTILITY EASEMENT RELOCATION
50.3 Mayor Noland introduced a request to relocate a utility easement located
at the south end of Sunflower Circle. The City Attorney explained
this action will simply move an easement over one lot, and execute
a new easement.
50.4 City Attorney McCord read, for the first time, an ordinance to vacate
and abandon a utility easement. Director Lancaster, seconded by Johnson,
made a motion to suspend the rules and place the ordinance on second
reading. Upon roll call, the motion passed, 7-0. 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
o rdinance on third and final reading. Upon roll call, the motion
passed, 7-0. The City Attorney read the ordinance for the third and
final time.
50.5 Mayor Noland asked if there was anyone present who wished to speak
in opposition to the ordinance. There was no response. Upon roll
call, the ordinance passed, 7-0.
ORDINANCE NO. 3004 APPEARS ON PAGE
BOOK X V(' C
«7
OF ORDINANCE & RESOLUTION
ENGINEERING AGREEMENT/LAKE FAYETTEVILLE DAM
50.6 Mayor Noland introduced a resolution authorizing the execution of
an agreement for engineering services, for a Phase II study of the
Lake Fayetteville Dam, with Summerlin Associates of Little Rock, in
a not -to -exceed amount of $44,900. The Mayor explained the Phase
I study was cowleted several years ago and Phase II would be a follow-up
on recommendations which had been made. City Manager Grimes stated
the Corps of Engineers had recommended some additional study be undertaken
t o be sure the dam is stable, because this dam has always had some
1
.fl
n
n
Q
51
April 17, 1984
excess seepage problems. City Engineer Don Bunn stated the expenditure 51.1.
for this study is within the budgeted amount. City Manager Grimes
stated the professional selection procedure has been completed.
Director Johnson, seconded by Sharp, made a motion to pass the resolution. 51.2
Upon roll call, the motion passed, 7-0.
RESOLUTION NO. 53-84 APPEARS ON PAGE 33 OF ORDINANCE & RESOLUTION
BOOK Xflll
BID WAIVER/COMPUTER SOFTWARE
Mayor Noland introduced an ordinance waiving competitive bidding requir-
ements for the purchase of a maintenance management computer software
package for the Pollution Control Plant, and awarding a purchase contract
to CH2M Hill in the amount of $3000.00. The Mayor explained other
software packages were considered and that the maintenance management
software is being recommended by Mike Lawrence, Pollution Control
Plant Manager.
City Attorney McCord 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, 7-0. The City Attorney read the ordinance for the second
time. Director Bumpass, 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, 7-0. The City Attorney read the
ordinance for the third and final time.
Director Johnson asked if the Zempro maintenance management system
had been considered, stating its cost is about $1500.00. Don Bunn
stated he did not know if this package had been considered.
51.3
51.4
51.5
Upon roll call, the ordinance passed, 6-1, with Director Johnson voting 51.6
against the ordinance.
ORDINANCE NO. 3005 APPEARS ON PAGE 7(4 OF ORDINANCE & RESOLUTION
BOOK XVIII
RIGHT-OF-WAY CONDEMNATION
Mayor Noland introduced a request for authorization to initiate con-
demnation proceedings in connection with the acquisition of street
right-of-way for the Highway 156 South improvement project.
51.7
52
April 17, 1984
52.1 City Attorney McCord explained the letter from the right-of-way agent
implies that that the City will be condemning all the property in
the estate. McCord stated, under Arkansas law, the City can condemn
only what is needed for the proposed improvements, unless the remainder
is not suitable for a reasonable use. McCord stated the resolution
to authorize acquisition of the Dill property would be for condemnation
of a 75 foot strip along the eastern boundary; on the Uhl property,
according to the appraisal, there is no use for the remainder, so
the entire tract would be condemned.
52.2 Mr. Uhl addressed the Board, stating "I'm not going to take what they
offered me for it. I'm going to take it to court. About three or
four years ago, I was offered $12,000 for it and I've done work on
it since then." Mr. Uhl asked that City Attorney McCord work with
his lawyer, Truman Smith, and McCord stated he would do so.
52.3 Director Bumpass, seconded by Lancaster, made a motion to pass a resolution
to authorize condemnation proceedings. Upon roll call, the motion
passed, 7-0.
RESOLUTION NO. 54-84 APPEARS ON PAGE , 7,Z OF ORDINANCE 6 RESOLUTION
BOOK XVIII
NTE CONTRACT/SHOP MANAGEMENT
52.4 Mayor Noland introduced a resolution authorizing the execution of
a contract with NTE Transit Management & Consulting Co., Inc. for
the provision, on a one -year -with -one -additional -year -option basis,
of a manager for the City Shop.
52.5 City Attorney McCord stated he reviewed the contract at the request
of the City Manager and is recommending one change in paragraph 5,
under which the City would indemnify the contractor for tort liability;
because the City has tort immunity, McCord stated he suggested that
paragraph be revised; that NTE's representative has agreed to the
revision.
52.6 City Manager Grimes stated he and Finance Director Linebaugh feel
this is the best course of action at this particular time.
52.7 Director Johnson asked if part of the contract will be to evaluate
the employees and perhaps readjust their salaries, as all are now
"chief maintenance men". Grimes explained the manager will have the
authority of a department head and may make recommendations for salary
adjustments. Director Bumpass asked City Manager Grimes if he would
1
April 17, 1984
be interviewing the manager and Grimes responded that he had already
done so, and had obtained good references. Mayor Noland pointed out
that Van Bell has similar experience in working with other cities.
53
53.1
Mayor Noland, seconded by Orton, made a motion to pass the resolution. 53.2
Upon roll call, the motion passed, 770.
RESOLUTION NO. 55-84 APPEARS ON PAGE
BOOK Will
•
AIRPORT CHANGE ORDER
OF ORDINANCE & RESOLUTION
Mayor Noland introduced consideration of a change order for a service
drive extension, ditch grading and gate operator for the FAA tower
drive at Drake Field.
53.3
Director Lancaster, seconded by Martin, made a motion to approve the 53.4
change order. Upon roll call, the motion passed, 7-0.
RESOLUTION NO. 56-84 &APPEARS ON PAGE
BOOK NO. XVit 1
•
AIRPORT RENT -HOUSE LEASE
9105 OF ORDINANCE & RESOLUTION
Mayor Noland introduced an amendment to the lease agreement for the
airport rent house which would automatically extend the term for periods
of one year unless either party gives the other 60 days written notice.
Director Bumpass, seconded by Johnson, made a motion to approve the
amendment to the lease agreement. Upon roll call, the motion passed,
7-0.
RESOLUTION NO. 57-84 APPEARS ON PAGE' O8 OF ORDINANCE & RESOLUTION
BOOK XViR
CHANGE ORDER/CH2M HILL CONTRACT
Mayor Noland suggested approval of the Task Order #2, a change order
in the city's contract for engineering services with CH2M Hill, be
considered at a special meeting of the Board. The Mayor explained
the status of this contract is still "somewhat up in the air" with
the Department of Pollution Control and Ecology.
53.5
53.6
53.7
54
April 17, 1984
54.1 Cliff Thompson, speaking for CH2M Hill, explained the grant application
must be submitted by May 1st, so that some action would have to be
taken by the Board before that time.
54.2 It was decided to hold a special Board meeting on Thursday, April
26 for the purpose of considering this item.
54.3 Thompson reported that the aerators which were initially to cost from
$200,000 to $500,000 will now only cost $60,000; that the quotation
of $40,000 to install the aerators is now estimated to be $20,000.
Thompson also reported that in two or three weeks there should be
a major decision made regarding the grant eligibility of the plant.
OTHER BUSINESS
Nominating Committee Report
54.4 Director Johnson presented the Nominating Committee's recommendation
that Joe Tarvin fill the vacancy on the Planning Commission to fill
an unexpired term ending January 1, 1986. Director Johnson, seconded
by Bumpass, made a motion to approve the committee's recommendation.
Upon roll call, the motion passed, 7-0.
West Fork Water Contract
54.5 City Manager Grimes reported that although Winslow is attemping to
put together a project by which they will purchase water from West
Fork, a formal request has not yet been made
1984 Pay Plan
54.6 City Manager Grimes requested Board approval of the city's 1984 Pay
Plan, stating this Plan is now in effect. Mayor Noland, seconded
by Johnson, made a motion to approve the 1984 Pay Plan. Upon roll
call, the motion was passed, 7-0.
RESOLUTION NO. 58-84 APPEARS ON PAGE 7 oLi OF ORDINANCE & RESOLUTION
BOOK yvfU
Sever Sales Tax Enforcement
54.7 City Manager Grimes stated that he, Finance Director Linebaugh and
City Attorney McCord have been working with the Department of Finance
and Administration in an attempt to obtain personnel for local enforcement
of the 1% sewer sales tax levied by the City of Fayetteville.
1
1
co
N
W
m
Q
55
April 17, 1984
Director Lancaster, seconded by Bumpass, made a motion to adopt the 55.1
recommendation of the City Manager.
The Mayor explained the
Department of Finance and
the sewer sales tax, to
the Department of Finance
the personnel available
City Manager's recommendation is to ask the
Administration to employ someone to enforce
be paid by the 'City of .Fayetteville; that
and Administration states they do not have
to ensure the City is receivingall the tax.
The City Attorney clarified that the Board is being asked to approve
a proposal to the Department of, Finance and Administration as outlined
in a letter,to that Department.from City Manager Grimes; that after
information is received regarding salary and fringe.benefits, the
Board would be asked to adopt a resolution to.make the necessary appropri-
ation.
Upon roll call, the motion passed, 7-0.
Computer Lawsuit Settlement
City Attorney McCord reported a settlement offer has been received
regarding the,City's lawsuit against the.computer consultants, Thibault,
Sullenberger and Hoyt, in the amount of $8,300.. McCord stated his
memo to the Board dated April 12, 1984 outlines the reasons why he,
the Finance Director and the City Manager believe the offer should
be accepted.
Director Bumpass, seconded by Johnson, made a motion to approve the
recommendation to settle the case on the basis of the City Attorney's
recommendations. Upon roll call,.the motion passed, 7-0.
Driveway Variance/Ranco Building Supply
City Manager Grimes explained the City has been working with Ranco
Building Supply and Burge Construction Company regarding a settlement
on right-of-way acquisition; that the Highway Department had proposed
plans for ten feet of fill at that location. Grimes stated Ranco
now proposes to have one 60 foot driveway between both businesses,
rather than the originally proposed two 40 -foot driveways. Both businesses
feel that two 40 -foot driveways would eliminate a .lot of their parking
space. Grimesexplained a variance wouldbe needed for a 60 foot
driveway,, and that he recommends it be granted. .
55.2
55.3
55.4
55.5
55.6
55.7
Director Orton, seconded by Sharp, made a motion to approve the City 55.8
Manager's recommendation. Upon roll call, the motion.passed, 7-0.
•
56
April 17, 1984
Ordinance To Correct Legal Description
56.1 City Attorney McCord introduced an ordinance which he explained is
necessary to amend Ordinance No. 2955 to correct the legal description
of the property upon which said ordinance imposed a lien for costs
incurred by the City in abating unsightly conditions.
56.2 McCord read the ordinance for the first time. Mayor Noland, seconded
by Bumpass, made a motion to suspend the rules and place the ordinance
on second reading. Upon roll call, the motion passed, 7-0. McCord
read the ordinance for the second time. Director Bumpass, 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, 7-0. McCord read the ordinance for the final time. Upon
roll call, the ordinance passed, 7-0.
ORDINANCE NO. 3006 APPEARS ON PAGE Ye? OF ORDINANCE & RESOLUTION
BOOK XVIi'
Comments from Director Johnson
56.3 Director Johnson asked that any changes to the wording of the plaque
be submitted to her today.
56.4 Director Johnson asked that recognition be given to those persons
who worked on the committee to plan the Open House scheduled for April
29: Frank Sharp, Joyce Stafford, Beverly Melton, Claud Prewitt, and
Tanya McGary.
Comments from Director Orton
56.5 Director Orton expressed some concern regarding misunderstanding or
lack of communication between the Planning Commission, the Parks and
Recreation Advisory Board, and the Board of Directors. Orton stated
that, since the closing of alleys and streets is a planning effort,
she suggests these requests should be reviewed by the Planning Commission
first. The City Attorney stated it is the prerogative of the Board
to ask that this be done. Orton also noted, in the Minutes of a Parks
and Recreation Advisory Board meeting, a statement was made, concerning
the Green Space Ordinance, that the City had refused to grant a waiver
for Butterfield Trail Village. Orton pointed out the City had taken
no such action, but had only taken action on the Green Space Ordinance
itself.
Donrey Communications Co. vs. City of Fayetteville
56.6 Director Lancaster asked for an update on litigation between Donrey
Communication Company and the City of Fayetteville.
1
1
57
April 17, 1984
McCord explained, after the Arkansas Supreme Court ruled in the City's 57.1
favor on the application of our Zoning Ordinance to their billboards,
Donrey petitioned the Supreme Court to review the case McCord stated
he then filed a brief in opposition to that petition; that both briefs
have been submitted to the Court. McCord stated he expects a ruling
to be handed down in the near future and is optimistic about the Court
denying the petition.
n
MINUTES
QThe following corrections were made to the Minutes of the April 3 57.2
meeting:
25.1 "Artemis" should be spelled "Artemus"
"once a Board member" should read "once a City Council
member"
25.2 "Masonic Hill" should read "Masonic Lodge"
30.5 "a land owner" should read "an early land owner"
37.7 Add Director Bumpass to committee
38.5 delete "passed last September"
With those corrections, the Minutes were approved as distributed.
ADJOURNMENT
With no further business before the Board, the meeting adjourned at
11:00 P.M.
57.3
57.4
57.5
57.6
57.7
57.8
57.9