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HomeMy WebLinkAbout1984-05-15 MinutesMINUTES OF A MEETING OF THE BOARD OF DIRECTORS A regular meeting of the Fayetteville Board of Directors was held on Tuesday, May 15, 1984 at 7:30 P.M. in the Board Room of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Noland; Directors Johnson, Lancaster, Martin, Orton and Sharp; City Manager Grimes, Assistant City Manager McWethy, City Attorney McCord, City Clerk Kennedy; members of the press and audience ABSENT: Director Bumpass CALL TO ORDER Mayor Noland called the meeting to order and asked for a moment of respectful silence. ACT 9 BONDS Mayor Noland introduced a resolution authorizing a Memorandum of Intent 71.1 regarding the issuance of $2,500,000 in Act 9 industrial development bonds for financing the costs of acquiring and improving the Fayetteville Industrial Park/West. Dale Christy was present, speaking for the Industrial Development Corporation. Christy explained the Board's action to authorize a Memorandum of Intent would mean that Act 9 bonds can be used to expand the Industrial Park. Christy stated the original Industrial Park was a combination effort between the Industrial Development Corporation and the City of Fayetteville. Christy stated there are 17 or 18 industrial projects presently in the Industrial Park and there is still land to be sold. Christy stated he felt adjoining land should be acquired so that all the city's industrial development could be kept in that one area. Christy explained there are presently about 200 additional acres lying west of the original Park, referred to as Industrial Park West. Christy explained the intent is to use the Act 9 bonds, through the non-profit Fayetteville Development Foundation, to complete the additional acqui- sitions and the intent also is to recover the cost of the bonds through the sales of land. 71.2 Mayor Noland explained there would be no liability on the part of 71.3 the City or its citizens. 71 72 May 15, 1984 72.1 Director Orton asked if the new Fayetteville Development Foundation would still work with the industrial committee of the Chamber of Commerce and the City, in the screening of desirable prospects for the Park. Christy stated that committee would still handle prospects as it has for the last ten years. 72,2 Mayor Noland asked Christy how many persons are presently employed in the Industrial Park. Christy stated, when all industries in the Park reach their projected levels of employment, there would be about 2,000 employees. 72.3 Director Johnson asked if the sizes of potential parcels of land had been determined yet. Christy stated, because almost all the small sites in the Park had been used, they propose to take about 70 acres (40 in the expansion area and 30 in the old Park) and break it up into 1 to 3 -acre sites. Christy stated revised plats are being prepared now to be taken through the planning process. 72.4 Christy explained three cul-de-sac streets will be added and the present street which goes to Marshalltown Tool will be expanded to allow access to the property south of the railroad track. 72.5 Director Martin asked for background information on the Fayetteville Development Foundation. Christy explained the foundation is a non-profit corporation which was created three or four years ago. Director Martin asked about the foundation's role in relation to the Fayetteville Industrial Development Corporation. Christy stated the foundation was created for the purpose of being used as a "holding company" for acquisition of properties; that any possible proceeds from sales of land in the Industrial Park would have to spent on acquisition of additional properties. Director Martin asked what would happen to the Fayetteville Industrial Development Corporation after the sales of properties. Christy explained the corporation would remain in e xistence because it has other properties not involved in the Industrial Park. Director Martin asked if the corporation had any current assets that "could or should follow the sale of properties". Christy stated all assets and liabilities relative to the Industrial Park will be t ransferred to the Fayetteville Development Foundation at the time of sale. Director Martin asked how much funds will be used for buying property and how much will be used for development. Christy stated approximately $350,000 to $400,000 1s anticipated to be spent for additional improvements. Christy stated water and sewer and street improvements are necessary to make the property marketable. Christy stated the properties should be able to be marketed at a considerable, under current, local market price, which Christy noted was the purpose o f the Industrial Park to begin with. Director Martin asked if the City Attorney had reviewed the Memorandum of Intent. City Attorney McCord stated he had prepared the Memorandum of Intent. 1 1 May 15, 1984 73 Director Johnson, seconded by Martin, made a motion to approve the 73.1 resolution authorizing the Memorandum of Intent. Phyllis Rice, speaking for the Northwest Arkansas Times, asked Dale Christy why a second corporation had been formed, rather than using the Fayetteville Industrial Corporation. Christy explained it was more feasible to form a new entity as a holding company "to put all the pieces together". Upon roll call, the motion passed, 6-0, with Bumpass absent. re - W RESOLUTION NO. 62-84 APPEARS ON PAGE ie' OF ORDINANCE & RESOLUTION m BOOK XVII Q INDUSTRIAL PARK IMPROVEMENTS Mayor Noland introduced authorization of the installation of street and utility improvements in an undeveloped portion of the original Industrial Park. Noland explained this section of the Industrial Park is 100% "owned by the city and that the expenses of development to these tracts will be repaid to the appropriate funds as the tracts are sold. Noland also explained this proposal came about as a result of indications that several small industrial prospects have been lost due to lack of small sites. Noland stated what is proposed is 900 feet of street, 1200 feet of water line and 3300 feet of sewer lines, with appropriate manholes. Dale Christy explained the $350,000 to $400,000 (from the bond issue) of improvements mentioned earlier would be over and above the request now being considered; Christy stressed the request now under consideration is for improvements in the original Industrial Park. Director Martin, seconded by Johnson, made a motion to approve the proposed installation of street and utility improvements in the original Industrial Park. Upon roll call, the motion passed, 6-0. SIGN REHEARING/FIRST UNITED PRESBYTERIAN CHURCH Mayor Noland introduced a rehearing regarding an appeal from•the literal provisions of the Sign Ordinance for First United Presbyterian Church, for a sign to be located at the southwest corner of the intersection of Old Wire Road and Calvin Street. Noland explained permission is requested to erect a 4 -square -foot off-site, free-standing sign at a setback between 3 feet and 20 feet from the surfaces of the roads. Noland explained this was originally considered by the Board in December of 1983, after which the sign was installed at a 14 foot setback from 73.2 73.3 73.4 73.5 73.6 73.7 74 May 15, 1984 74.1 Calvin Street, with a proper setback from Old Wire Road. Charles Harwell was present to represent the appeal. 74.2 Mayor Noland stated, after looking at the site during the Board tour, it seemed to be the intent of the Board to change the ordinance to allow the sign to remain in its present location. 74.3 Director Johnson pointed out some indication should be made, in the Board's actions, that if the streets are ever widened, the sign would have to be moved. The City Attorney advised that, in the past, the Board has granted temporary variances. 74.4 Director Lancaster stated he saw no need to change the ordinance itself. 74.5 Mr. Harwell explained he made the application based on measuring from the surface of the road, rather than from the right-of-way. 74.6 Director Lancaster asked if the sign was presently located in the right-of-way and Sign Inspector Bert Rakes stated the sign is four feet inside the right-of-way of Old Wire Road. 74.7 Mayor Noland asked the City Attorney if an amendment would be needed to the existing ordinance, in order to grant a temporary variance. The City Attorney stated a temporary variance could be granted simply by a motion specifying the conditions. 74.8 Director Orton, seconded by Johnson, made a motion to grant a temporary variance at the existing location, to terminate at such time as the city proposes to widen the street. 74.9 Director Martin asked if the City Manager could suggest to the Inspection Department, before a sign permit is issued, the variance which has been granted be noted on the permit. The City Attorney stated this is the practice of the Inspection Department, but in this instance the problem developed because of the manner of interpretation by the petitioner. 74.10 Upon roll call, the motion passed, 6-0. SIGN APPEAL/SPRING FEVER FARM 74.11 Mayor Noland introduced an appeal from the literal provisions of the Sign Ordinance for a sign to be located at Spring Fever Farm (A-1, Agricultural zoning) south of Highway 112, at its intersection with Chris Hollow Road. Noland explained the petitioner is asking to erect an eleven -foot -high, eight -square -foot, off-site, free-standing sign at a point ten feet within the Highway 112 right-of-way. Bob Jordan was present to represent the petition, and pointed out to the Board 1 75 May 15, 1984 that his sign is not eleven feet high. Jordan displayed his sign 75.1 to the Board. Director Orton asked if any trees would have to be cut down in order for the sign to be seen. Jordan stated the land owner (on whose property the sign is proposed to be located) has been clearing the fence row where the sign is proposed to be, that about three trees would have to be removed, each about three inches in diameter. Lo Director Orton pointed out this is a situation where the property is rural but has been recently annexed to the city, and she suggested W this variance could be granted on a temporary basis until such time CO as that land becomes more developed. Director Sharp asked if the fence row (the proposed location for the sign) is in the right-of-way. Jordan stated there is some question, even on the part of the Highway Department, as to where the right- of-way is located, that the property owners' deeds read to the center line of the highway. Sign Inspector Rakes stated he felt the sign location would be close to, but not in, the right-of-way, something only a survey could determine. Director Orton, seconded by Lancaster, made a motion to grant a temporary variance until such time as the road is needed for street widening purposes. 75.2 75.3 75.4 75.5 Jordan stated his sign was two-sided. 75.6 Director Sharp suggested the Board might consider a change in the 75.7 Sign Ordinance for farmers selling produce, to allow small signs in the agricultural districts. Upon roll call, the motion passed, 6-0. 75.8 City Attorney McCord asked if the Board wished to refer Director Sharp's 75.9 suggestion to the Planning Commission. Director Orton suggested, and it was the consensus of the Directors, that this item be placed on the next Board agenda. The City Attorney stated he would draft a proposed ordinance to allow off-site signs in A-1 districts, for the Board's consideration. CHANGE ORDER/COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS Mayor Noland introduced approval of four change orders in various 75.10 projects funded with Community Development Block Grant funds, including. *revisions to the Eagle Street project, $4,432; 75.11 *revisions to the Oakland & Berry Street project, $5,120; 76 76.1 *additions to the Headstart requirements, for an interior $2,978; *construction of an asphalt Headstart facility, $13,350 May 15, 1984 facility to meet Health Department partition, and to control drainage, driveway and parking area for the 76.2 Mayor Noland stated several of these item were discussed during a Board tour, but have not been officially approved in the minutes. 76.3 Director Lancaster, seconded by Orton, made a motion to approve the change orders. 76.4 Director Johnson noted the interior partition listed under Health Department requirements appears to have been "for privacy". Sandra Carlisle, Community Development Director, explained the interior partition was not a Health Department requirement, but was requested by the Head Start staff who were working in one large area, and the partition was for the Head Start Director. Director Johnson asked what parts of that change order were to meet Health Department requirements. Carlisle explained these were the mop sink, that increasing the height of the fence was for the nursery school requirements, and that the culvert and drainage at the driveway was to control flooding on the property of the resident at the corner of Garland and the entry to the Headstart facility. 76.5 Upon roll call, the motion passed, 6-0.. RESOLUTION NO. 63 84 APPEARS ON PAGE 5;35 OF ORDINANCE AND RESOLUTION BOOK )(VIII EASEMENT RELINQUISHMENT 76.6 Mayor Noland introduced a request for the relinquishment of a ten foot east -west easement along the south side of 2508 Karyn. Noland explained the property owner, Roy Fuller, owns three adjacent lots and wishes to build an addition on his house, which would infringe on the easement. Noland stated there are additional easements, one along the north property line and one along the south property line. 76.7 Director Lancaster asked if the easement were abandoned, would the two remaining easements be large enough, noting comments by Street Superintendent Clayton Powell that an additional ten feet should be dedicated on the south and north sides of the property. City Attorney McCord stated the additional easements are twenty feet wide (ten feet on either side of the lot lines). The Mayor raised the question of whether Powell knew there was already 20 feet in total width for each easement, and if Powell intended for those easements to be thirty feet in width. Lancaster suggested Powell's request may have been 77 May 15, 1984 based on the need for additional drainage if the east -west easement is abandoned. Director Johnson asked what a normal easement width is and the City Attorney responded easement widths vary from 10 to 25 feet, depending on the needs of the topography. Director Lancaster pointed out the owner expressed in a letter to Powell that he had no objections to granting additional easement widths and asked if the ordinance abandoning the easement would include the additional CD widths. McCord explained the usual practice is to vacate the easement Ln in question and prepare new easements, separately, which would incorporate the additional widths. McCord noted also the ordinance would not become effective until thirty-one days from the date of publication, W which would protect the city in the event the property owner should CO change his mind. Q The City Attorney read the ordinance for the first time. Director 77.1 77.2 Sharp, seconded by Orton, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed, 6-0. McCord read the ordinance for the second time. Director Sharp, 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, 6-0. McCord read the ordinance for the third and final 111 time. Upon roll call, the ordinance passed, 6-0. ORDINANCE NO. 3010 APPEARS ON PAGE I OF ORDINANCE & RESOLUTION BOOK X Director Lancaster, seconded by Martin, made a motion that the City 77.3 Attorney be instructed to execute easements incorporating ten additional feet on the south side of Lot 18 and ten additional feet on the north side of Lot 16. Director Orton asked what the purpose was of the city acquiring additional 77.4 easement widths, if there still are drainage problems, and if this was the best way to take care of drainage problems. McCord stated the Ordinance requires subdividers to make provision for adequate drainage when a total area is developed. Orton pointed out this is an already developed area, rather than a new development. Director Martin stated he supported Lancaster's motion, not as a pre -determination that the easements will be used, but because having the easements might allow the City some flexibility in the future. Upon roll call, the motion passed, 6-0. 77.5 STREET COMMITTEE REPORT Director Sharp, reporting on the Street Committee meeting of May 15, 77.6 stated the committee approved the first four requests on its agenda. 78 May 15, 1984 78.1 Director Sharp asked City Manager Don Grimes to address the drainage problem on the east side of Green Acres Road which had been discussed in committee. 78.2 Grimes explained that, during heavy rains, large volumes of water come through the box culvert under College Avenue at the intersection of Green Acres Road and College Avenue. Grimes stated, in order to extend that box culvert size for the length of Green Acres Road, to get the flow north to the creek, it would cost approximately $70 per foot. Grimes proposed building a catch basin at the triangle intersection, and extending north with 24" pipe instead, cutting costs by about 75%. Director Sharp stated he thought this idea had merit and that, in line with this idea, the Street Committee recommended granting Bills of Assurance that street improvements will be made at the call of the city, for the following: 78.3 1. A Bill of Assurance request from Dr. Boyd Harris, for property at 1803 Green Acres Road. 78.4 2. A Bill of Assurance request from Dr. Larry Woodruff, for property at 1915 Green Acres Road. 78.5 3. A Bill of Assurance request from Newton Hailey, Jr., on behalf of first Federal Savings & Loan's branch at 1911 North College Avenue (which backs up to Green Acres Road). 78.6 4. A Bill of Assurance request from Chicken Country Restaurant, at 1889 North College Avenue (which backs up to Green Acres Road). 78.7 City Manager Grimes stated there are presently 15", 18" and 24" pipes along Green Acres Road, which may serve adequately after the basin is in operation. Grimes stated the basin could be landscaped so that it would be nice -looking when it is not filled with water. 78.8 Director Lancaster asked for a cost estimate for the catch basin and Grimes responded that he had not done an estimate, but that the work could probably be handled by city crews. 78.9 Director Sharp, seconded by Noland, made a motion to approve the four recommendations of the Street Committee. Upon roll call, the motion passed, 6-0. 78.10 Director Sharp reported on Item 5 of the Street Committee agenda, a request for a waiver from the Master Street Plan right-of-way dedication requirements, by John Anderson, regarding a band stand to be built south of George's on Dickson Street. Sharp explained the problem is that Dickson Street is 55 feet wide in that area, with a proposed right-of-way of eighty feet, placing the building in the right-of-way. Sharp stated the City Attorney has said it would be unconstitutional to require dedication of part of their building. Sharp explained 1 N MW Q May 15, 1984 also that Gregg Avenue, on the Master Street Plan, has 80 feet of right-of-way. Sharp stated, at the Street Committee's request, the City Attorney recommended a temporary waiver could be granted, until such time as right-of-way is needed by the city for street improvements, rather than changing the Master Street Plan. 79.1 Director Sharp, seconded by Orton, made a motion to grant the temporary 79.2 waiver for Item 5. Upon roll call, the motion passed, 6-0. FIRE CONTRACTS/REVISED RATES Mayor Noland introduced approval of revised rates for outside -city standby fire protection, explaining each year the City Board must approve revisions to these rates. Noland stated the fees for individual fire contracts in 1983 were $242 while a neighborhood contract was $121 per household per year; the proposed 1984 rates are $256 and $128, respectively. Noland also explained these rates were calculated on the same basis as they have been in past years. 79.3 Director Orton, seconded by Sharp, made a motion to approve the revised 79.4 rates. Upon roll call, the motion passed, 6-0. SOIL AND PAVEMENT TESTS FOR STREETS FRENCH DRAINS Mayor Noland stated City Manager Grimes had requested these items 79.5 be tabled until more information can be obtained. Director Orton, seconded by Noland, made a motion to table items 9 79.6 and 10. Upon roll call, the motion passed, 6-0. The City Attorney proposed to have the specifications on these items approved by resolution, and the actual testing requirement and the french drains be approved by a short ordinance, explaining this would be more expeditious than including all of it in a lengthy ordinance. BID AWARDS 79.7 79 Mayor Noland introduced consideration of the following recommendations 79.8 for bid awards submitted by Purchasing Officer Sturman Mackey* A. Award of Bid #559A for a 43,000 GVW truck chassis and dump 79.9 bed for the Pollution Control Plant. 80 May 15, 1984 80.1 B. Award of Bid 0560 for a 50,000 GVW truck chassis and dump bed for the Street Department. 80.2 C. Award of Bid #566 for a dump bed for a Pollution Control Plant truck chassis. 80.3 D. Award of Bid #567C for a 56,000 GVW truck chassis and packer body for the Sanitation Department. 80.4 E. Award of Bid 0568 for a street sweeper. 80.5 F. Award of Bid #569 for the painting of four water storage tanks. 80.6 G. Award of Bid #574 and 0575 for slurry seal oil and emulsion oil for the Street Department. 80.7 Director Orton pointed out all recommendations are to award the bids to the low bidders and all are within the budget. 80.8 Director Johnson, seconded by Martin, made a motion to award all bids, A through G, to the low bidders. 80.9 Street Superintendent Clayton Powell, referring to Bid 1586 for the street sweeper, pointed out the low bid was $13,000 lower than the next low bidder and the sweeper has only been on the market two years. Powell stated he had checked with three owners, two of whom were negative about the equipment and the City of Little Rock which has had no problems with the equipment since November of 1983 when it was purchased. Powell asked for permission to see the equipment demonstrated before purchasing and, if a demonstration is not available, to award the bid to the next low bidder. 80.10 City Manager Grimes suggested the bide could be awarded, subject to the demonstration and acceptance of the street sweeper by the Street Superintendent and the new Shop Manager. Directors Johnson and Martin agreed to amend the motion as suggested by Grimes. Upon roll call, the motion passed, 6-0. 80.11 City Manager Grimes asked City Engineer Bunn if the water tank painting would be done in the same color as the other water tanks. Bunn responded that only one water tank (on North Street) will be painted on the outside and an attempt will be made to match the other tanks as closely as possible. 1 1 OTHER BUSINESS Trailer Sale May 15, 1984 Mayor Noland introduced a request from the City of Fort Smith to purchase 81.1 the trailer which the City of Fayetteville uses to house materials for its DWI Program. Director Orton asked City Manager Grimes for his recommendation on LO this item and Grimes responded that our DWI program could use a larger ham trailer and this offer would be an opportunity to accomplish that W at no cost. CO Assistant City Manager McWethy explained when the DWI program was first started, it was not known how much space would be needed for tools and equipment. McWethy stated he believed the city can build a larger trailer from the amount of money Fort Smith has offered. He stated, if the Board decides not to sell the trailer, he would build one for the City of Fort Smith for that amount, something he stated he would not offer to do if there was not a profit. 81.2 81.3 Director Lancaster, seconded by Orton, made a motion to approve the 81.4 request as submitted, stating he prefers to sell the present trailer rather than keeping it and building another to sell. Director Martin asked if the new trailer for the City of Fayetteville would be built in the city's shop, on city time. McWethy explained, for the $1,000 being offered, the new trailer can be built by city crews, using city equipment, paying city wages. 81.5 81 Upon roll call, the motion passed, 6-0. 81.6 Interim City Hall and Related Space Use Mayor Noland, referring to City Manager Grimes' memo regarding Interim City,Hall and related space use, asked Grimes if any action needed to be taken on that memo at this meeting. Grimes explained the staff would like to have the overhead doors installed. Grimes noted he thought there was no question that the east end of the downstairs area will be used for maintenance and the staff would like to proceed with the changes related to that use, and with the partition wall. Director Johnson stated it was her understanding the Board was to have been given a tour of those facilities and stated she would still like to have that tour. Mayor Noland asked that the Board be given a tour before the next meeting. It was the consensus of the directors that the staff can proceed with the installation of overhead doors and the partition wall. 81.7 81.8 82 EPA Discharge Permit May 15, 1984 82.1 Mayor Noland asked City Manager Grimes about the EPA discharge permit referred to in the agenda. Grimes explained this permit is not actually in effect at this time, that the EPA and DPCE still have some dispute over the discharge level requirements. Grimes stated "we are operating now on an interim permit". 82.2 Children's House/SCAN Mayor Noland, referring to a letter included in the agenda from the Director of Children's House, stated Children's House/SCAN wishes to apply for an Arkansas Industrial Development Commission (AIDC) grant to supplement CDBG money already committed to their building project. 82.3 Director Johnson, seconded by Sharp, made a motion to approve Children's House/SCAN's pursuing an application for an AIDC grant. Upon roll call, the motion passed, 6-0. 82.4 82.5 82.6 82.7 Wage and Salary Survey Director Johnson, referring to the proposed wage and salary survey, stated four firms were interviewed in March and a decision has been delayed on this item, due to the move. Johnson asked that this item be placed on the next agenda, so that some indication can be made to the firms as to whether the Board wishes to take action on a survey or to drop the idea. Johnson also asked that the City Manager's Office and the Finance Director submit their recommendations on this matter. Street Committee Meeting Director Sharp asked to schedule a Street Committee meeting and it was tentatively agreed to meet on Friday, May 18 at 3:00 P.M. in the City Administration Building. Don Grimes agreed to contact Children's House and the Community Development Director regarding this meeting. U of A Engineering Building City Manager Grimes announced a ground breaking ceremony for the new University engineering building will be held on Thursday, May 17 at 3:00 P.M., and encouraged support and attendance. Radio System City Manager Grimes stated the radio system specifications are now complete and are available. Grimes announced a pre-bid conference to discuss the specifications with the prospective bidders is scheduled for Monday, May 21, at 9:00 A.M. in the City Administration Building. 1 83 May 15, 1984 MINUTES The Minutes of the April 26 special meeting were approved as distributed. 83.1 The following corrections were made to the Minutes of the May 1st 83.2 meeting: CD 65.1 Delete "Police Chief Bob Jones accepted the award on 83.3 behalf of Jerry Surles." 66.3 In the last sentence, "adopted by the Board," should 83.4 W read "adopted by the PRAB which" QIn the last sentence, "to present to the Board" should 83.5 read "to present to the City Board" 76.10 Add to the last sentence ",but it will be available 83.6 in the City Manager's Office." With those corrections, the Minutes were approved as distributed. 83.7 CITIZEN COMMENTS A member of the audience addressed the Board, stating he was rather 83.8 shocked to realize the city was willing to cut off his water for being one month in arrears on a $13.90 bill and to be assessed a $5.00 sur- charge. He stated the gas and electric companies will carry you for several months at a time. City Manager Grimes explained at this time of year, if the city were 83.9 to let as many as 2,000 students leave town being two or three months in arrears, there would be a great financial loss. The citizen stated also he thought the city gives the customer a much 83.10 shorter period of time in which to pay the bill before it goes into arrears, than do the other utility companies. ADJOURNMENT With no further business before the Board, the meeting adjourned at 83.11 9:00 P.M.