HomeMy WebLinkAbout1985-01-22 Minutes11
MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS
A regular meeting of the Fayetteville City Board of Directors was
held on Tuesday, January 22, 1985 at 7:30 P.M. in the Board Room of
City Hall at 113 West Mountain Street, Fayetteville, Arkansas.
PRESENT: Mayor Noland; Directors Hess, Johnson, Lancaster, Martin,
and Orton; City Manager Grimes, Assistant City Manager
McWethy, City Clerk Kennedy; members of the press and
audience
ABSENT: Director Bumpass
CALL TO ORDER
The meeting was called to order by Mayor Noland with five directors 11.1
present. The Mayor asked for a moment of respectful silence.
AIRPORT LIMOUSINE LEASE
The Mayor introduced consideration of the passage of a resolution
authorizing the Mayor and City Clerk to execute a lease agreement
with Charles Cole for airport limousine service in 1985. The Mayor
noted that this lease reflects a 9% increase over 1984 rentals.
11.2
Director Lancaster, seconded by Johnson, made a motion to pass the '11.3
resolution. Upon roll call, the motion passed, 5-0, with Directors
Bumpass and Martin absent.
RESOLUTION NO. 3-85 APPEARS ON PAGE ]4, (9 OF ORDINANCE & RESOLUTION
BOOK X x i
HOLIDAY INN LEASE/AIRPORT
Mayor Noland introduced consideration of the passage of a resolution
authorizing the Mayor and the City Clerk to execute a lease agreement
with the Holiday Inn for advertising space in the airport terminal
building for 1985.
11.4
12
January 22, 1985
12.1 Director Lancaster, seconded by Orton, made a motion to pass the reso-
lution. Upon roll call, the motion passed, 5-0.
RESOLUTION NO. 4-85 APPEARS ON PAGE KA OF ORDINANCE & RESOLUTION
BOOK XX)
LEASE MODIFICATION/AIRPORT RESTAURANT
12.2 Mayor Noland introduced consideration of the passage of a resolution
authorizing the Mayor and City Clerk to execute a modification of
a lease agreement with Lorene O'Donnell for the airport
The Mayor explained that this modification would reflect
in rentals of 4.2% over the previous 12 month period.
12.3 Director Lancaster, seconded by Johnson, made
resolution. Upon roll call, the motion passed,
RESOLUTION NO. 5-85 APPEARS ON PAGE 5-85- OF
BOOK XA
AIRPORT COMMITTEE ITEMS
restaurant.
an increase
a motion to pass the
5-0.
ORDINANCE & RESOLUTION
FIXED BASE OPERATOR STANDARDS
12.4 Airport Committee Chairman Lancaster reported that the Airport Committee
met on January 21 and recommended the passage of a resolution setting
forth standards and requirements for the Fixed Base Operator at Drake
Field. Lancaster made a motion to pass the resolution.
12.5 City Manager Grimes explained that the resolution would
minimum standards for commercial aeronautical activities
prescribe minimum service requirements for Fixed
as performing the following services:
amend the
and would
Base Operators, such
12.6 1. Fuel and oil sales;
2. Aircraft charter and taxi service;
3. Aircraft engine, airframe and accessory sales and maintenance;
4. Aircraft rental and sales; and
5. Flight training
12.7 Grimes noted that individuals may arrange to provide any one
services without fuel sales but that Fixed Base Operators
required to provide all of them.
of these
will be
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et.
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. 13
January 22, 1985
•
Director Johnson seconded the motion and, upon roll call, it passed, 13.1
6-0, with Director Bumpass absent.
RESOLUTION NO. 6-85 APPEARS ON PAGE J']9 OF ORDINANCE & RESOLUTION
BOOK XX1
• FIXED BASE OPERATOR CONTRACT
Mayor Noland introduced consideration of awarding a contract to Aero
Tech Services, Inc. for the Fixed Base Operator at Drake•Field, effective
March 1, 1985.
•
Director Lancaster explained that the city proposes to maintain juris-
diction over the interior of the old white hangar and a public use
area south of the old white hangar. Director Lancaster, seconded
by Orton, made a motion to award the contract.
Mayor Noland asked if anyone wished to comment regarding this item.
Carl Covey, physician residing in Fayetteville, addressed the Board.
Covey..commented 'that Aero Tech provides excellent service and the
only „reason he moved...his airplane from Springdale to Fayetteville
was because Aero Tech moved to -Fayetteville.,, ?;,
Jim Bob Wheeler, pilot and owner of aircraft'at Drake Field, addressed
the Board, stated he moved his aircraft to Springdaleafter14 years
at Drake Field because he could receive service in Springdale. .Wheeler
commented that he has moved back to Drake now that Aero„Techhas moved
to Fayetteville'.
•
Barry Sinex and Mark Courdin, representing Aero Tech, spoke .about
the services they propose to provide as Fixed Base Operator. Courdin
commented that Aero Tech_ intends to bring approximately 26 aircraft
back to Drake Field which have not been there due to lack of•service.
He listed some of those services they would provide:
Warranty., Work
Baggage Handling
Quick Turnaround Service
Catering
Cabin and Engine Preheating
Aircraft De-icing
Cessna Dealership
Aircraft Appraisal
Aircraft Leasing
Cessna Financing
Aircraft Sales
Engine Overhauls
Annual Inspections
Major and Minor Repairs
13.2
13.3
13.4
13.5
13.6
13.7
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January 22, 1985
14.1 Line Maintenance
Painting, Detailing
Aircraft Restoration
Courtesy Service
Aircraft Charter Rental
Flight Instruction
14.2 Barry Sinex commented that he thought these additional services would
bring additional funding to Fayetteville for the airport and would
triple revenue within two years
14.3 Upon roll call, the notion passed, 6-0.
RESOLUTION NO. 7-85 APPEARS ON PAGE ISO OF ORDINANCE & RESOLUTION
BOOK XX
NOTICE TO VACATE/FAYETTEVILLE FLYING SERVICE
14.4 Director Lancaster introduced a request for approval to issue a 30 -day
notice to Fayetteville Flying Service (a subsidiary of Scheduled Skyways)
to vacate the old terminal building and the aircraft storage portions
of the white hangar by February 28, 1985. Director Lancaster, seconded
by Johnson, made a motion to approve the request.
14.5 Mike Freeman, Chief Operating Officer fur Scheduled Skyways, reported
that the merger is complete between Air Midwest and Scheduled Skyways.
Freeman stated that Skyways has no problem with vacating the old terminal
building but wishes to retain portions of the white hanger and wishes
to continue their F.B.O. operations. Freeman commented that, because
of severe cash flow problems, they need the income from the F.B.O. and
the aircraft rental.
14.6 Director Martin stated he would be in favor of trying to accommodate
the request for space from Air Midwest/Skyways in light of the fact
that they have been long-time tenants.
14.7 Director Johnson pointed out that the lease with Fayetteville Flying
Service, as the F.B.O., expired in September and was extended for
120 days, and that the lease just approved with Aero Tech includes
the provision that they will operate out of the old terminal building.
Johnson explained it is the feeling of the Airport Committee that,
since the lease with Fayetteville Flying Service is expiring, the
city should take over the operating of the old white hangar and the
revenues from aircraft storage. Johnson noted this would not preclude
the city from negotiating arrangements with Fayetteville Flying Service
or others to conduct their operations. Director Johnson stated it
was her understanding that the office space would continue for Air
Midwest/Skyways.
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January 22, 1985
Director Lancaster stated that the city doesn't deal directly with
Skyways but with Fayetteville Flying Service which in turn deals with
Skyways. Lancaster noted that Fayetteville Flying Service's lease
expires on February 29. Mike Freeman commented that it was a misconception
that Air Midwest/Skyways, the airline, was a different entity from
Air.Midwest/Skyways, the F.B.O. Mayor Noland stated that it seemed
to be the consensus of several Directors that there should be -discussions
between Air Midwest/Skyways and the airport management concerning
office space.
Upon roll call, the motion passed, 6-0.
BIDS FOR MAINTENANCE HANGAR
Director Lancaster introduced a request for authorization to take
bids for additional work for. the Aero Tech aircraft maintenance hangar
consisting of: (1) 185 feet of reinforced storm drain; (2) construction
of a 20 foot wide by 260 foot long service road; and (3) construction
of a concrete ramp, approximately 11,200 square feet, to connect the
maintenance facility to the taxiway. Director Lancaster, seconded
by Hess, made a motion to approve the request.
Director Johnson explained that the approximate cost of this work
would be $38,009, 50% to be included in the 1985 budget and 50% reimbursed
by the State.
15
15.1
15.2
15.3
15.4
Upon roll call, the motion passed, 6-0. 15.5
NORTHWEST AIR LEASE
Director Lancaster introduced a request for approval of a lease for
advertising space in the terminal building for Northwes.t,Air.: Director
Lancaster, seconded by Johnson, made a motion to approve the request.
Upon roll call, the motion passed, 6-0.
RESOLUTION N0. 8-85 APPEARS ON PAGE I93 OF ORDINANCE & RESOLUTION
BOOK XX
BIDS TO CONSTRUCT FUEL FARM
Director Lancaster introduced a recommendation from the staff to seek
competitive bids for the construction of Phase I of the fuel farm
at the location north of the Airport Fire Station, in accordance with
the long range plan for the Airport. Director Lancaster, seconded
by Hess, made a motion to approve the recommendation. Upon roll call,
the motion passed, 6-0.
15.6
15.7
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January 22, 1985
\JANITORIAL CONTRACT
16.1 The Mayor introduced consideration of the passage of a resolution
which would authorize the Mayor and City Clerk to execute a one-year
contract with Harmony Building Maintenance Contractors for janitorial
services for City Hall. The Mayor commented that the proposed contract
reflects a 15% decrease over the rates charges in 1984.
16.2
Director Johnson, seconded by Hess, made a motion to pass the resolution.
Upon roll call, the motion passed, 6-0.
RESOLUTION NO. 9-85 APPEARS ON PAGE 201 OF ORDINANCE & RESOLUTION
BOOK XX
GREGG AVENUE FUNDING SHARE
16.3 Mayor Noland introduced a request by the City Manager that the Board
approve additional funds for the 25% local share of the cost of four-laning
two segments of Gregg Avenue (Elm to Ash and Spruce to North). The
Mayor explained the 25% local share amounts to $50,025 for the project.
16.4 Director Orton asked why the job had'to be re -bid. City Manager Grimes
explained that bids were submitted well above the estimate at that
time, that revisions were made to the specifications and, after re -
advertising, the bids came in somewhat cheaper. Orton noted that
the telephone company's excessive delays in moving the poles contributed
to increased costs.
16.5 Director Johnson, seconded by Noland, made a motion to approve additional
funds for the local share of four-laning two segments of Gregg Avenue.
16.6 Bob Brandon, resident of Wilson Park area, addressed the Board. Brandon
claimed that public hearings had never been held regarding the development
of this project. Brandon stated there were procedures specified in
Arkansas Statutes 19-2825 through -2830 which describe the responsi-
bilities of the Planning Commission to review all plans proposed by
the City as attachments or amendments to the Master Street Plan.
B randon claimed there was no review and acceptance of the project
by the Planning Commission on file in the City Clerk's office. Brandon
also stated the City adopted ordinances regarding the Master Street
Plan in 1973 which specify procedures regarding the posting of public
notice and the holding of public hearings.
16.7
B randon requested that funding not be approved until public notice
is given and the project is presented to the Planning Commission.
B randon asked that the Planning Commission determine whether or not
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January 22, 1985
the project complies with the Master Street Plan and that State and
Federal agencies be notified of "violations" and that all records
and all meetings be made public.
Director Lancaster pointed out that, according to the City Attorney,
all legal requirements have been met by the city.
In answer to a question from Director Martin, City Manager Grimes
stated that Gregg Avenue, from Prospect to North, is designated as
a collector street on the Master Street Plan, which does permit the
proposed construction. Director Martin pointed out that the development
of the Master Street Plan was subject to public hearings. Grimes
added that plans are available for public inspection.
Director Martin commented that the city's intent is not to funnel
large amounts of traffic through Wilson Park but purpose simply is
to widen a street near the park.
Director Johnson asked that the Board vote on the motion, commenting
that this issue has been before the Board many times and that the
last time Brandon addressed the Board, petitions were submitted expressing
opposition to the project.
Upon roll call, the motion passed 6-0.
SIGNATURE AUTHORIZATION
Mayor Noland introduced consideration of the passage of a resolution
authorizing the Finance Director to sign documents (in the absence
of the City Manager) that are necessary to expedite the completion
of the Pollution Control Facilities project.
Director Johnson, seconded by Orton, made a motion to pass the resolu-
tion. Upon roll call, the motion passed, 6-0.
RESOLUTION NO. 10-85 APPEARS ON PAGE 20111 OF ORDINANCE & RESOLUTION
BOOK yx1
BID AWARD/EMPLOYEE FIDELITY BONDS
Mayor Noland introduced consideration of the award of Bid !1605 for
employee fidelity bonds. The Mayor reported that the low bidder was
McCartney-Faucette for $4,100 for a three-year period.
Director Johnson asked whether, in light of state legislation being
considered regarding blanket surety bonds, a cancellation clause would
17,1
17.2
17.3
17.4
17.5
17.6
17.7
17.8
17.9
17.10
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January 22, 1985
18.1 be included. Purchasing Officer Sturman Mackey clarified that there
is a 30 -day cancellation clause.
18.2 Director Hess, seconded by Martin, made a motion to award the bid.
Upon roll call, the motion passed, 6-0.
LANDFILL CONTRACT EXTENSION
18.3 Mayor Noland introduced consideration of the passage of a resolution
officially notifying Sunray Sanitation of the city's intent to extend
its landfill contract for one year.
18.4 Director Hess, seconded by Orton, made a motion to pass the resolution.
18.5 Director Martin asked for the reason behind the City Manager's recommen-
dation to extend the contract. City Manager Grimes presented the
following reasons: (1) that the city has had good experience with
Sunray; (2) that Sunray has been hauling the city's waste to the landfill
for a number of years; (3) that the road to the Sunray landfill is
paved; (4) that rate increases have been based on the "cost of living"
index; (5) that now might not be a practical time to change in light
of the fact that the incinerator facility is to be constructed in
the near future; and (6) that he has heard comments from citizens
who are concerned about the proximity of the other landfill to Beaver
Lake.
18.6 Director Martin asked if operational changes would be necessary which
could increase or decrease the cost of hauling, should the city decide
to change to another landfill. Grimes commented that it could take
longer to travel to the other landfill, that the dirt road to the
other landfill might be a disadvantage in rainy weather, and that
certain re-routing would be necessary although it would not be a major
consideration.
18.7 Director Martin asked if the city had considered the requirement for
competitive bids. Grimes explained this had not been considered because
the existing contract includes an option to extend.
18.8 Bill Clark, representing Northwest Arkansas Waste Management, addressed
the Board. Clark explained that Waste Management's landfill has been
permitted by the DPCSE and is in operation. Clark noted that the
city's contract with Sunray terminates on April 15 and commented that
the city has no duty to extend that contract. Clark stated that he
believed the Arkansas law vests the authority in the City Manager
to make a contract and if that contract is fur an amount above $2000
(or $2500, according to the Fayetteville Code), then competitive bidding
is required. Clark contended that the extension of the existing contract
with a price increase is, in effect, a new contract. Clark commented
January 22, 1985
that' the city 'can 'protect .itself ,by•opening bids sbefore.-•Apri.1 15..
Clark^claimed•• that't round trip from' the city shop•.to Sunray is 31
miles but that the round trip from the city.shop to Parsons landfill
is 25.6.. Clark'• stated that, since.the city' makes' an' average s of 30
trips per day to the landfill, there would be a savings of about $23,000.
in actual usage of equipment per year. Clark asked that the city
not extend the Sunray contract now but that it seek competitive bids
before April 15. Clark added that Parsons would offer a flat rate
to the city for a number of years. " -
Harold Parsons, owner of the N. W. Arkansas•Waste Management landfill,
addressed the Board, stating that; 'if awarded a contract with the
city; -the road•to'•his'•iandfillowilii•be resurfaced. . 1 +.
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19.1
19.2
Mayor Noland,',addressing Clark's calculations regarding round trip ' 19.3
mileage, noted that most of the solid waste is not transported from
the city shop.
In answer to a question from Director Johnson, Parsons explained the 19.4
waste le -deposited in a trench-and•.covered with clay material. Johnson..
pointed out she had not observed much equipment at the site but•+Parsons
noted that, with a larger volume of waste, there would be more equipment
at the site.
Jackson Butt, representing Sunray Sanitation, addressed the Board.
:Butt commented' thatthe idea behind including' the' option to extend
the contract is to allow a system to continue if it has'been acceptable.
Butt stated that there would be a loss of time and efficiency in changing
over"'tb •as'nete.system." He noted there were no significant:complaints
about Sunray's service. Butt'conclnded- Shat 'it would' be 'mox'e,'efficient '
and 'cost-effective<to'leave the contract in place.
City Manager Grimes pointed out that when a contract was entered into
with'Sunray•two-years ago, competitive bids were never sought.because'
there'was only one landfill at that'tihe. : .•
!, . .
Director Hess asked, should the•Board vote now'to not extend the contract,
could the'matter 'be brbught .up again or would competitive bids be
sought. Mayor Noland explained that -, -should the motion fail to pass,
competitive bids would then be sought.
Director Martin commented that; if.the current operation i's•working
well,'it would be'foolish to•change. •
-
Director Orton pointed out that, should -the motion -pass and the contract
be extended for another year, at the end of that year competitive
bids would be sought and, at`some• time 'duririg-,then±ollow•ingnyear,
the incinerator facility may begin operation.
19.5
19.6
19.7
19.8
19.9
20.1
January 22, 1985
Upon roll call, the notion passed, 4-1-1, with Hess voting against
the motion and Lancaster abstaining due to a close family connection.
RESOLUTION NO. 11-85 APPEARS ON PAGE 4:2,05- OF ORDINANCE & RESOLUTION
BOOK xx
REZONING PETITION R84-20/ZED & G.R. JOHNSON
20.2 Mayor Noland introduced an ordinance rezoning 5.34 acres located south
of Highway 45 East and about 500 feet west of Highway 265 North.
The Mayor explained the petitioners, Zed and G. R. Johnson, are requesting
a change from R-1, Low Density Residential, to C-1, Neighborhood Commer-
cial; that the Planning Commission recommended approval by a vote
of 8-0.
20.3
The City Clerk read the ordinance for the first time. Director Johnson,
seconded by Hess, made a motion to suspend the rules and place the
ordinance on second reading. Upon roll call, the motion passed, 6-0.
The ordinance was read for the second time. Director Johnson, seconded
by Hess, 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 ordinance was read for the third time.
20.4 The Mayor asked if anyone wished to speak against the ordinance.
No public opposition was expressed.
20.5 Director Orton noted that the original request was to rezone a larger
tract of land to C-2. Mayor Noland pointed out that only the north
450 feet of the tract is now under petition to be zoned C-1. Orton
commented that some concern has been expressed that the egress from
the remainder of that large tract (when it is rezoned) might end up
being from the parking area of the proposed C-1 property. Engineer
Ervan Wimberly responded that adjoining property owner Oscar Harris
has no problem with egress being from the C-1 property. Orton asked
if the 450 foot tract ur the larger tract would go through the large
scale development process. Wimberly explained there presently are
no definite plans for the entire tract.
20.6 Director Orton expressed some concern about the amount of commercial
development happening at the intersection of Highway 45 and Highway
265 and she suggested the Planning Commissiun review the comprehensive
land use plan for this area because of the great amount of commercial
development at that intersection.
20.7 Upon roll call, the ordinance passed, 6-0.
ORDINANCE NO. 3063 APPEARS ON PAGE
BOOK 4\ I,
0
OF ORDINANCE & RESOLUTION
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January 22, 1985
Director Orton asked for the Board's feeling regarding her suggestion
that the Planning Commission review the land use plan for the inter-
section.
Director Martin commented that review of land use should not be done
area -by -area but rather that all the commercial development be reviewed.
Director: :Orton. :pointed out that, when a lot of development is going
on in a specific area, there•;needs2to+be>a re-examLnation:more often.
Director Orton, seconded by Johnson, made a motion to ask the Planning
Commission to look at the Comprehensive land Use Plan at the intersection
of Highway 265 and Highway 45.
Director Martin commented that developers and residents in that area
purchase property with full knowledge of its zoning and he did not
think it should be up to the Board to suggest changes to the current
zoning. Orton pointed out that the land use map is used only as a
guide and differs from the actual zoning map.
Upon roll call, the motion passed, 5-1, with Martin voting against
the motion. Martin commented that he thought this issue should be
considered within the context of an update of the Master Plan for
the entire city.
REZONING PETITION R85-1/HOUSTON
Mayor Noland introduced an ordinance rezoning 5.86 acres located east
of Porter Road and south of Deane Street. The Mayor explained the
petitioner, Gordon Houston, requests a change from R-1, Low Density
Residential, to R-2, Medium Density Residential. Noland reported
the Planning Commission voted, 7-1, to recommend approval and the
Planning Consultant recommended the change would be compatible to
the area.
The City Clerk read the ordinance for the first time. Mayor Noland,
seconded by Johnson, made a motion to suspend the rules and place
the ordinance on second reading. Upon roll call, the motion passed,
6-0. The ordinance was read for the second time. Director Johnson,
seconded by Hess, 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 ordinance was read for the final time.
21.
21.1
21.2
21.3
21.4
21.5
21.6
21.7
The Mayor noted that the issues of access and drainage had been raised 21.8
regarding this property. Noland asked if anyone wished to speak against
the ordinance.
George Faucette, Jr: addressed the Board, stating that he owned property 21.9
to the east (but not adjacent). Faucette commented that he was not
22.1
January 22, 1985
opposed to the rezoning but was opposed to development without looking
at the drainage situation. Faucette explained that the watershed
area between Sang and Lewis and south of Deane is funneled through
Washington Plaza to a single culvert under Sang Avenue which empties
onto his property. Faucette commented that his lot and three or four
other lots are flooded during heavy rains, that this flooding continues
onto Houston's and other adjacent property. Faucette noted that the
city's drainage study of that area in 1982, under storm drainage problems,
stated that "...frequent flooding occurs in the area south of Deane
Street between Sang and Lewis Avenue. This area is fairly flat and
is occupied by various private homes and apartments. More intense
field work is required to determine the immediate cause of flooding
here before a solution to this problem can be reached." Faucette
asked the city to "commission that addendum to the study" for that
small area plus the area in question west of Sang Avenue to Porter
Road, encompassing Houston's property before the Large Scale Development
is approved.
22.2 Director Orton expressed concern about the density of development
and the effect of more asphalt during the heavy rains. In answer
to a question from Orton as to the location of the second access,
Houston explained there will be two accesses off Porter Road. Houston
commented that he had done some engineering and assured the Board
the drainage would be taken care of in the Large Scale Development
process.
22.3 Upon roll call, the ordinance passed, 5-1, with Orton voting in the
minority.
22.4
ORDINANCE NO. 3064 APPEARS ON PAGE
BOOK k x 1
OF ORDINANCE & RESOLUTION
Director Hess stated that the Planning Commission will ask that the
drainage be addressed.
22.5 Faucette asked that the Board consider the addendum to the drainage
plan for the area he described. City Manager Grimes stated he would
make a note of the request.
22.6
Director Orton stated she voted against the rezoning because she did
not feel there should be any development before the drainage problem
has been solved.
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OTHER BUSINESS
NEW BOARD COMMITTEES
January 22, 1985
Mayor Noland asked if any Directors wished to express objections to
the new Board committee membership. With no objections being expressed,
Director Johnson, seconded by Orton, made a motion to adopt the new
Board committee list. Upon roll call, the motion passed, 6-0.
ABCs
City Manager Grimes explained it has been the policy of the Board
for the past several years to oppose any applications fur retail beer
on premises, in zones other than C-2 or C-3. Grimes asked the Board
if they wished to have the staff oppose the application for "Dog &
Suds" in a C-1 zone.
Director Lancaster, seconded by Orton, made a motion to instruct the
City Manager to oppose the application. Upon roll call, the motion
passed, 6-0,
WARNER CABLE RATES
Mayor Noland reported the Board had received a letter signed by a
concerned group for cable reform in Fayetteville. Noland commented
that his response is that the Board and the City of Fayetteville has
no jurisdiction over Warner Cable's rates; that the city has a franchise
with Warner Cable to provide service in the city.
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Director Orton stated the letter also referred to the quality of the
reception and she commented that Warner Cable should not wait until
the time to renew the franchise to start upgrading the system.
23.1
23.2
23.3
23.4
23.5
Director Johnson made the following points: 23.6
;That the cable office operation is the sole responsibility 23.7
of Warner Cable; .
2. A cable snapped in the Leverett Street area over the past
weekend and workers repaired it on Sunday morning;
3. That the city has filed a Petition For Relief from all the
"must carry" channels outside the State of Arkansas, they
in turn have filed special petitions, and the city has filed
a counter brief;
23.8
23.9
January 22, 1985
24.1 4. According to federal legislation which has passed, the city
has no control over items in the "second tier" (e.g., HBO,
Movie Channel, Showtime) and those are programmed at the
discretion of Warner Cable;
24.2 5. Cable companies are limited to a 5% increase in the next
two years after which there is no limit and that negotiations
are presently in process to clarify this.
MUNICIPAL IMPROVEMENT DISTRICT
24.3 Director Johnson reported on some legislation which involves changes
in the method of establishing a municipal improvement district. Johnson
explained that presently the district can be formed by 51% of the
assessed land value holders in the area signing a petition. Johnson
stated the change being proposed would require (1) the majority of
property owners, (2) the majority of real estate, and (3) the majority
of assessed value. Johnson commented that this could completely eliminate
improvement districts and she asked if the city would consider opposing
at least some part of this proposed change.
24.4 Director Lancaster, seconded by Johnson, made a motion that the Mayor
prepare a letter and a resolution of opposition. Upon roll call,
the motion passed, 6-0. /
RESOLUTION NO. 12-85 APPEARS ON PAGE 2 of OF ORDINANCE & RESOLUTION
BOOK XX 1
MINUTES
24.5 The following corrections were made to the Minutes of the meeting
of January 8, 1985:
24.6 365.8 In line 1, "made a motion" should be changed to read "moved"
24.7 In line 2, "by adding, with the deletion of" should read
"by deleting"
24.8 The minutes of the January 8 meeting were approved as corrected.
ADJOURNMENT
24.9 With no further business before the Board, the meeting was adjourned
at about 10:00 P.M.
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