HomeMy WebLinkAbout1985-03-19 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS
A regular meeting of the Fayetteville City Board of Directors was
held on Tuesday, March 19, 1985 at 7:30 P.M. in the Board Room of
City Hall, 113 W. Mountain Street, Fayetteville, Arkansas.
PRESENT: Mayor Noland; Directors Johnson, Lancaster, Martin
and Orton; City Manager Grimes, Assistant City Manager
McWethy, City Attorney McCord, City Clerk Kennedy,
members of the press and audience
•
ABSENT: Directors Bumpass and Hess
CALL TO ORDER
Mayor Noland called the meeting to order, with five Directors present,
and asked for a moment of respectful silence.
GREENLAND PETITION
The Mayor noted that a group of citizens from Greenland were present
who submitted a petition regarding police jurisdiction over the west
side of Highway 71 opposite Drake Field. The Mayor asked if the Board
wished to refer the petition to the Police and Fire Committee of the
Board, for a recommendation to be made at the next Board meeting.
'Director Orton, seconded by Johnson, made a motion to refer the petition
to the Police and Fire Committee. Upon roll call, the motion passed,
5-0, with Directors Bumpass and Hess absent.
The Mayor told the petitioners that they would be notified as to when
the committee meeting would be held.
REVENUE SHARING PUBLIC HEARING
Mayor Noland opened a public hearing regarding the proposed 1985 Revenue
Sharing budget. Noland explained that although it is no longer a
legal requirement to hold a preliminary hearing, this public hearing
is held for the purpose of providing citizens an opportunity to make
public comment. The Mayor explained that the Revenue Sharing budget
is used strictly to fund salaries in the General Fund, Public Works
and Shop Funds. No public comment was expressed and the Mayor closed
the public hearing.
6'r
67.1
67.2
67.3
67.4
68
BUDGET APPROVALS
March 19, 1985
68.1 The Mayor introduced consideration of approval of the 1985 Revenue
Sharing, General Fund, Street Department, Airport, Sanitation, Arts
Center, Building Maintenance and Shop Fund budgets. Mayor Noland
expressed thanks to Finance Committee Chairman Bill Martin and all
the Directors who worked with the committee on the 1985 budgets, and
he expressed appreciation to Scott Linebaugh, Finance Director, and
Judy Huffaker, Budget Coordinator, for their assistance.
68.2 Director Martin noted that credit should be given to the department
heads who prepared the budgets and underwent rigorous questioning
by the Finance Committee and Directors. Martin commented that although
there was no unanimity on any item, there was strong consensus on
the budget as a whole. Martin reported that the 1985 budget totalled
almost $12 million, including about $1.7 million in "priority items"
(those items in excess of a 5% increase), and including about $800,000
in funds to be set aside in anticipation of the possible reduction
or abolishment of revenue sharing funds. Director Martin, seconded
by Orton, made a motion to approve the 1985 budgets. Upon roll call,
the motion passed, 5-0.
RESOLUTION NO. 25-85 APPEARS ON PAGE ZR OF ORDINANCE & RESOLUTION
BOOK X x l
STATE SESQUICENTENNIAL
68.3 Mayor Noland introduced a request by Bob McKinney (local chairman
for the State sesquicentennial celebration next year) for an opportunity
to discuss ideas and suggestions for projects and activities to be
carried out in 1986, Arkansas' 150th year. The Mayor noted that McKinney
had asked that a Director be appointed to represent the Board on a
committee and he reported that Marilyn Johnson had volunteered to
serve as representative.
68.4 McKinney told the Board that there are no funds for the celebration
next year and the Governor has asked that citizens come forward with
ideas on how to celebrate. McKinney displayed the recommended official
seal and official bumper sticker. McKinney explained that any citizen
can propose a project to the Sesquicentennial Commission by writing
out a paragraph describing their project and sending it with a $10
money order to Little Rock for approval. McKinney explained that,
if approved, the project will be listed as a sanctioned event and
that citizen will be placed on a mailing list. McKinney stated that
any business or person that wishes to invest $200 can become an "official
sponsor". McKinney noted that he had sent letters to all the Mayors
of Washington County stating that all citizens are encouraged by the
Governor to recognize this landmark year and to engage in commemorative
March 19, 1985
activities. McKinney stated he was pleased to have Director Johnson
serve as a committee member for the City of Fayetteville. McKinney
noted there is a list of over 150 ideas for projects which is available
to anyone who wishes to write to the McKinney Agency in Fayetteville
or to the County Judge's Office.. McKinney expressed hopes that the
City of Fayetteville might dedicate the 1986 Air Show to the sesquicen-
tennial.
Director Johnson noted that Fayetteville Open Channel is open to ideas
for the sesquicentennial and will broadcast these on the air.
SIGN APPEAL%3307 WEDINGTON DRIVE
The Mayor noted that Bryce Davis had withdrawn his request for an
appeal from the literal provisions of the Sign Ordinance.
SIGN APPEAL/2179 N. COLLEGE
The Mayor introduced an appeal from the literal provisions of the
Sign Ordinance submitted by "Colortyme" for a roof sign to be erected
at 2179 North College Avenue. Petitioner Keith Davis was present.
Davis introduced himself as the owner of the "Colortyme" franchise
in Fayetteville which he explained has just moved to a new location
at 2179 North College Avenue. Davis stated that "Colortyme': has leased
the building for three years. Davis explained that, due to the fact
that the building is 300 feet back from the street and because of
the Sign Ordinance regulations, he feels there is not a suitable place
to erect a sign that is legible from the street. Davis asked that
he be permitted to install 24 -inch -high street numbers on the roof
of the building.
Director Orton stated that, although she was in favor of street addresses
being more visible on College Avenue, she thought Davis could have
larger and more visible numbers without violating the Sign Ordinance.
Davis noted that he had obtained approval to hang the "Colortyme"
sign which had been used at the former location and he added that
this sign is larger than the proposed numbers.
Director Martin noted that the "Software" sign next door (installed
on an arch below the roof) was very visible and that the "Colortyme"
sign will also be quite visible. Martin stated he was in favor of
the numbers, but commented that if Davis installed both the "Colortyme"
sign and the numbers, "you get into the question of visual blight
and overkill". Martin added that he had been under the impression
63
69.1
69.2
69.3
69.4
69.5
69.6
69.7
69.8
70
March 19, 1985
70.1 the proposed installation of the numbers was in lieu of an identification
sign.
70.2 Director Johnson asked Sign Inspector Jay Pense if the numbers could
be installed over an arch of the building. Pense replied that any
location below the roof line would be permissible.
70.3 Director Orton commented that it was her feeling it was possible to
install the proposed sign in a location not in variance to the Sign
Ordinance and Orton, seconded by Johnson, made a motion to deny the
request. Upon roll call, the motion passed, 5-0.
STREET VACATION
70.4 Mayor Noland introduced an ordinance abandoning and vacating certain
platted -but -unopened street rights-of-way within the Water and Sewer
Operations Center on Cato Springs Road.
70.5 The City Attorney 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,
5-0. 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, 5-0. The City Attorney read the ordinance for
the third and final time.
70.6 The Mayor noted that the street rights-of-way are located within city -owned
property and the proposed vacation would only affect the city. Upon
roll call, the ordinance passed, 5-0.
ORDINANCE NO. 3072 APPEARS ON PAGE c1r7 OF ORDINANCE 6 RESOLUTION
BOOK Xy I
UTILITY EASEMENTS
70.7 The Mayor introduced an ordinance prohibiting the building of any
structure over a public utility easement.
70.8 The City Attorney read the ordinance for the first time. Director
Johnson, seconded by Orton, made a motion to suspend the rules and
place the ordinance on second reading. Upon roll call, the motion
passed, 5-0. The City Attorney read the ordinance for the second
time. Director Orton, 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, 5-0. The ordinance was read for
March 19, 1985
the third and final time. The Mayor asked if anyone in the audience
wished to speak regarding the ordinance. No public comment was expressed.
Upon roll call, the ordinance passed, 4-0-1, with Martin abstaining
because he is an officer of a utility company.
ORDINANCE NO. 3073 APPEARS ON PAGE 3 0 OF ORDINANCE & RESOLUTION
BOOK XX I
REZONING PETITION R85-5/WARREN COTNER
The Mayor introduced an ordinance rezoning 1.56 acres located west
and south of Highway 112 North, southeast of Cris Hollow Road, from
A-1, Agricultural, to C-2, Thoroughfare Commercial district. The
Mayor reported the Planning Commission recommended approval of the
rezoning by a vote of 7-2 but that the Planning Consultant did not
recommend the rezoning.
Attorney for the petitioner, Phillip
the Board table the issue until the
him an opportunity to discuss a Bill of
Moon, was present and requested
first meeting in April to give
Assurance with the City Attorney.
Director Johnson, seconded by Orton, made a notion to table the issue.
Upon roll call, the motion passed, 5-0.
City Attorney McCord stated that the Planning Commission minutes of
March 11, 1985 misquoted him in stating that he "did not think there
was a problem with C-2 at this site". Phillip Moon commented that
he and the City Attorney had discussed the uses in the C-2 district,
not whether C-2 was appropriate for the site.
PAY PLAN .
The Mayor introduced a resolution adopting the 1985 Pay and Compensation
Plan for city employees.
Director Lancaster, seconded by Johnson, made a motion to adopt the
resolution.
Mayor Noland stated that Robbin Anderson, Trustee on the Library Board,
was present and that there has been discussion regarding benefits
for part-time employees. Noland stated the Board has a memo from
Personnel Officer Jeanette Crumpler which addresses this question
and the Mayor asked for comments from the City Manager.
71
71.1
71.2
71.3
71.4
71.5
71.6
71.7
71.8
71.9
1-1•)
r..,
72.1
72.2
72.3
72.4
72.5
72.6
72.7
72.8
72.9
March 19, 1985
City Manager Grimes asked that the staff be given until the next Board
meeting to prepare a recommendation as there were many variables to
consider.
Mayor Noland noted that the Board could adopt the Pay Plan at this
time and consider the matter of part-time benefits as an addition
to the Pay Plan at a later time.
Anderson commented that the Library Board's concern is simply that
fairness be given to the part-time employees.
Director Martin commented that he thought the Finance Committee steered
away from the approval of any new personnel for 1985, partly due to
the costs of the Pay Plan. Martin noted that the Pay Plan includes
a substantial increase in benefits and an increase in most salaries.
Director Lancaster noted that there had been discussion of some new
positions for the future at the last Finance Committee meeting and
he asked that consideration be given to those positions at the same
time the matter of part-time benefits is considered by the Board.
Upon roll call, the motion passed, 5-0. p
RESOLUTION NO. 26-85 APPEARS ON PAGE Zfi I OF ORDINANCE & RESOLUTION
BOOK )(Xi
SPECIAL CENSUS
Mayor Noland introduced a resolution authorizing the Mayor and City
Clerk to execute a contract with the Bureau of the Census for a special
census to be conducted during 1985, estimated to cost $53,705. The
Mayor pointed out that some of the city's major fund sources are determined
on a per -capita basis. The Mayor commented that, if the new census
results in about 500 more persons than were counted in 1980, the resulting
revenues would pay for the cost of the census in one year's time.
Director Johnson, seconded by Orton, made a motion to pass the resolution.
Dpon roll call, the motion passed, 5-0.
Mayor Noland, with the other Directors concurring, suggested that
the census be conducted some time between August 20 and October 1.
RESOLUTION NO. 27-85 APPEARS ON PAGE 30(o OF ORDINANCE AND RESOLUTION
BOOK XX
1
1
March 19, 1985
BID AWARD/RE-ROOF CITY LIBRARY
The Mayor reported that the recommendation of the Purchasing Officer
is that Bid 11620, for re -roofing the City Library, be awarded to the
only bidder, Franklin and Sons, in the amount of $21,821.
Director Johnson, seconded by Martin, made a motion to award Bid #620
to Franklin and Sons.
Purchasing Officer Mackey explained that the bid specifications called
for a "trocal" roof and that Franklin and Sons were the only licensed
bidders who could install that type of roofing. Mackey added that,
although the city invited bidders to submit alternate bids fora hot
tar and gravel roof, no alternate bids were received.
Upon roll call, the motion passed, 5-0.
Mackey added that estimates would be brought before the Board for
the repair of damage done to the Library ceiling due to the leaking
roof.
BID AWARD/SALE OF CITY PROPERTY
The Mayor reported that two bidders submitted bids for the sale of
city property located at 3821 McCollom Avenue, and that the recommendation
of the Purchasing Officer is that the bid be awarded to the high bidder,
Bryan K. and Mary Faye Jones, for the purchase price of $27,600.
Director Lancaster, seconded by Johnson, made a motion to award the
bid as recommended. Upon roll call, the motion passed, 5-0.
RESOLUTION N0. 28-85 APPEARS ON PAGE 3/0 OF ORDINANCE & RESOLUTION
BOOK y x
BID AWARD/CONCRETE CONSTRUCTION CONTRACT
Mayor Noland reported that four bids were submitted for a one-year
concrete conbtruction contract and that the low bid was submitted
by Jerry D. Sweetser, Inc. for $128,458.50.
Director Johnson, seconded by Noland, made a motion to award Bid No. 621,
for a one-year concrete construction contract, to Jerry D. Sweetser.
Upon roll call, the motion passed, 5-0.
RESOLUTION NO. 29-85 APPEARS ON PAGE 3/13 OF ORDINANCE & RESOLUTION
BOOK )(X
73.1
73.2
73.3
73.4
73.5
73.6
73.7
73.8
March 19, 1985
OTHER BUSINESS
OFF-SITE STREET IMPROVEMENTS/PUMP STATION ROAD
74.1 Mayor Noland introduced a request from the Industrial Development
Foundation that the requirement be waived to make off-site street
improvements in the Industrial Park. Noland recommended the request
he referred to the Street Committee to bring a recommendation before
the Board.
74.2 Director Johnson, seconded by Martin, made a motion to refer the request
to the Street Committee. Upon roll call, the motion passed, 5-0.
YOUTH CENTER MEMBERSHIP ON P.R.A.B.
74.3 Mayor Noland introduced an ordinance which would correct Ordinance
No. 3058 which was worded to require that three members of the Parks
and Recreation Advisory Board shall be current members of the Fayetteville
Youth Center Board of Directors.
74.4 Director Orton noted that, when the Board adopted Ordinance No. 3058,
it was the intent that the ordinance require two members of the Parks
and Recreation Advisory Board to be current members of the Fayetteville
Youth Center Board of Directors, that all members of the PRAB would
be appointed by the Fayetteville Board of Directors, and that the
PRAB shall be composed of eight members.
74.5
City Attorney McCord explained that, because the intent of the Board
had not been clear to him at the time Ordinance No. 3058 was adopted,
he made a error in drafting the Ordinance. McCord explained that
a new ordinance should be adopted to correct the error. McCord read
the ordinance for the first time. Director Johnson, seconded by Martin,
made a motion to suspend the rules and place the ordinance on second
reading. Upon roll call, the motion passed, 5-0. The ordinance was
read for the second time. Director Johnson, seconded by Martin, made
a motion to further suspend the rules and place the ordinance on third
and final reading. Upon roll call, the motion passed, 5-0. The ordinance
was read for the third and final time. Upon roll call, the ordinance
passed, 5-0.
ORDINANCE NO. 3074 APPEARS ON PAGE 31 OF ORDINANCE S RESOLUTION
BOOK )0
1
March 19, 1985
AIRPORT T -HANGAR BILLS OF SALE & LEASE AGREEMENTS
The Mayor reported that, in order to obtain the Lease -Purchase Agreements
on four T -hangar units, Board approval must be on record for Bills
of Sale and Lease Agreements with First Arkansas Leasing Corporation.
The City Attorney stated that he had reviewed the Bills of Sale and
Lease Agreements, and noted that it would be appropriate for the Board
to pass a Resolution to approve these items, since it would be consistent
with prior action which had been taken by the Board on the T -hangars.
Director Lancaster, seconded by Johnson, made a motion to pass the
resolution. Upon roll call, the motion passed, 5-0.
RESOLUTION NO. 30-85 APPEARS ON PAGE 3/5 OF ORDINANCE & RESOLUTION
BOOK "XX
CONTINUING EDUCATION CENTER EXCESS FUNDS
Finance Director Scott Linebaugh explained that the city's financial
audit firm, Arthur Young and Company, has asked that it be recorded
in the minutes that the Board has approved excess Continuing Education
Center funds to pay back the General Fund loan ($261,329) and designate
the remainder ($157,094) to be reserved in General Fund for city adver-
tising and promotion reasons, with all future receipts from the CEC
excess funds to be designated to be held in the General Fund reserve.
Director Johnson, seconded by Martin, made a motion to approve the
request. Mayor Noland pointed out that the pay back was recommended
for approval by the Finance Committee. Upon roll call, the motion
passed, 5-0.
PERSONNEL POLICY
City Manager Grimes explained that it is customary for the Board to
annually review and approve the city's Personnel Policy.
Director Lancaster, seconded by Johnson, made a motion that the Personnel
Policy be approved.
Grimes commented that one of the changes to the policy is the prohibition
of soliciting by employee groups without prior Board approval.
Upon roll call, the motion passed, 5-0.
RESOLUTION NO. 31-85 APPEARS ON PAGE 3 6/ 0 OF ORDINANCE & RESOLUTION
BOOK )(XI
•
lJ
75.1
75.2
75.3
75.4
75.5
75.6
75.7
75.8
March 19, 1985
REQUEST FOR WAIVER OF NOISE ORDINANCE
76.1 Mayor Noland reported that a request has been made by Director Janzen
of the University of Arkansas for permission to perform a concert
at Wilson Park on Sunday, April 21, at 3:00 P.M. The Mayor explained
this would necessitate approval of a temporary waiver of the noise
ordinance for a four hour period from 1:00 to 5:00 P.M.
76.2 Director Orton, seconded by Martin, made a motion to grant the request.
76.3 Director Johnson asked if the normal time period allowed for such
variances was about 2 1/2 hours. Assistant City Manager McWethy
responded that, in the past, the city has granted the entire time
length requested with a limit of 75-80 decibels. Mayor Noland stated
he had been informed that the performance would not be amplified but
that there may be periods when the limits are exceeded.
76.4 Upon roll call, the motion passed, 5-0.
QUITCLAIM DEED/WOOLWORTH BUILDING
76.5 The City Attorney explained that the Fulbright Investment Company
is in the process of liquidating all its assets (one of which is the
Woolworth Building) to a Tennessee company. McCord stated that Lynn
Wade, Attorney for the seller, is requesting that certain defects
in the chain of title be cured by way of a Quitclaim Deed from the
city to Fulbright Investment Company, who will then deed the property
to the purchaser. McCord noted he had reviewed the legal description
and the plat and stated he was convinced that the City would be deeding
only the Woolworth property itself. McCord recommended that a resolution
be passed which would authorize the Mayor and City Clerk to execute
a Quitclaim Deed to the Fulbright Investment Company for the Woolworth
Building property.
76.6 Director Martin asked if the City of Fayetteville had any rights to
the Woolworth Building. Lynn Wade explained that, in examining the
abstract, it was found there were a couple of past conveyances from
the city which were never recorded. Wade noted that there had also
been a conveyance from Fulbright to the city for a 12 -foot alleyway,
which Wade added has since been abandoned and over part of which the
building was constructed.
76.7
Director Lancaster, seconded
and City Clerk be authorized
Investment Company for the
call, the motion passed, 5-0.
RESOLUTION NO. 32-85 APPEARS
BOOK X X
by Johnson, made a motion that the Mayor
to execute a Quitclaim Deed to Fulbright
Woolworth Building property. Upon roll
ON PAGE 375 OF ORDINANCE & RESOLUTION
1
March 19, 1.985
CITIZEN COMMENTS
Bob Brandon, resident of 649 Wilson Avenue, addressed the Board.
Brandon stated that the 1985 city budget includes the paving and building
of a low water bridge on a small gravel pathway at the west end of
Wilson Park where Prospect dead -ends into a railroad track. Brandon
stated the pathway is located on property owned by Burlington Northern
Railroad. Brandon stated he had contacted the Railroad and had spoken
with the Roadmaster for this district who informed him the Railroad
had no knowledge of the project but that the Railroad had in the past
contacted the city to discuss the closing of the pathway. Brandon
stated he notified the Roadmaster that it would be the preference
of the neighbors for pathway to be closed because of problems with
dumping and other activities. Brandon stated that, after making inquiries,
he was informed by the city's Planning Administrator that public hearings
had not be held in relation to this project. Brandon stated he notified
the Northwest Arkansas Regional Planning Commission of the situation
and that they agreed it was in conflict with Arkansas law to develop
a city street on an area which had not been identified as a city street
on the Master Street Plan and for which public hearings had never
been held.
Brandon asked the Board to drop plans for upgrading the pathway on
railroad property and to instead pursue some development of Gregg
Avenue between Douglas and Cleveland.
The City Attorney commented that the Board's approval of the budget
merely appropriates funds for the possibility of construction of the
project in question and that he would research the question of whether
there has been a conflict with Arkansas Law and'would advise the Board.
Mayor Noland recommended that Brandon's request be referred to the
Street Committee for their consideration.
MINUTES
The Minutes of the March 5, 1985 meeting were approved, with the following
corrections:
63.1
63.3
65.4
Line 2: Correct "calender" to read "calendar"
Line 3: Change "acquiring" to "expanding"
Line 1: Change "reported that House Bill 706 would
prohibit" to "reported on House Bill 706 which would
prohibit"
77.1
77.2
77.3
77.4
77.5
78
78.1
March 19, 1985
ADJOURNMENT
With no further business before the Board, the meeting adjourned at
about 8:40 P.M.
1
1
1