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HomeMy WebLinkAbout1985-09-03 MinutesMINUTES OF A MEETING OF THE BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, September 3, 1985 at 7:30 P.M. in the Board Room of City Hall, 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Noland; Directors Bumpass, Hess, Johnson, Lancaster, Martin and Orton; City Manager Grimes, Assistant City Manager McWethy, City Attorney McCord, City Clerk Kennedy; members of the press and audience ROLL CALL The meeting was called to order by Mayor Noland, with seven directors present. The Mayor asked for a moment of respectful silence. SOLID WASTE MANAGEMENT REVENUE BONDS The first item for consideration was an ordinance, left on first reading at the August 20 meeting, to approve the issuance and sale of approximately $19,000,000 in Solid Waste Management Revenue Bonds by the Northwest Arkansas Resource Recovery Authority. Mayor Noland reported that, in the last two weeks, he had received mail from citizens expressing their viewpoint concerning this project. Noland stated the response was 6 or 7 to 1, in favor of the project. The Mayor, seconded by Orton, made a motion that the Board endorse the concept of the construction of the Volund technology plant, by Morrison-Knudsen, but that the Board would like to study a more creative financing mechanism for a thirty -day period. Noland explained that the intent of his motion is to say the Board wishes to explore mechanisms whereby the project can be financed with less impact on the users. Director Johnson asked how this Mayor responded that, hopefully, as much as possible. Upon roll Director Martin abstaining. delay would affect the project. The the Board can expedite the process call, the motion passed, 6-0-1, with A citizen in the audience remarked that there would be continuing expenses in the next thirty days. He pointed out that every three months the citizens of Fayetteville pay the Resource Recovery Authority an amount of money which has totaled approximately $330,000 in the last year. Mayor Noland replied that the Authority would not receive additional funds unless these are authorized by the Board of Directors. 269 269.1 269.2 269.3 269.4 269.5 270 September 3, 1985 SIDEWALK -CONSTRUCTION NOTICE 270.1 The Board considered an ordinance amending the City Code to provide that the City Manager's designee, as well as the City Manager, may give a property owner notice to construct a sidewalk. The Mayor explained the ordinance was left on first reading at the August 6 meeting and was tabled, after its third reading, on August 20. 270.2 The City Attorney explained this was "a housekeeping item" and pointed out that the substantive provisions of the ordinance were not being changed. 270.3 Director Johnson expressed opposition to the designee being the only person responsible in giving the notice. She commented that she would favor a policy whereby the Planning Commission could draft the notice and the City Manager would sign' the notice, until such time as the Planning Department is "on an even keel". Upon roll tall, the ordinance passed, 5-2, with Johnson and Lancaster voting in the minority. ORDINANCE NO. 3113 APPEARS ON PAGE 385 OF ORDINANCE 5 RESOLUTION BOOK XXIII 270.4 SETBACK REDUCTION 270.5 The Board considered an. ordinance amending the City Code to allow, under certain circumstances, the construction of new single-family dwellings at reduced setbacks. The Mayor reported that the Planning Commission, on August 12, recommehded the amendment for approval, by a vote of 6-0. 270.6 City Manager Grimes explained that this amendment would apply in cases such as construction which takes place in older neighborhoods where lots are smaller than the minimum lot size now required, and where setbacks cannot be met without obtaining a variance. 270.7 Director Lancaster asked from where the proposed amendment was initiated. Director Johnson noted that Planning Commission minutes show that the Planning Administrator asked that a representative of the Commission attend the Board meeting to explain the amendments; and that the minutes show it was suggested that, if the amendments could be left on first or second reading, a joint meeting could be planned so that the Board and Commission can discuss the amendments in detail. Director Johnson stated this left her in doubt as to whether the Commission had completed their discussions on the amendments. 270.8 The City Attorney explained that two different ordinances are proposed -- one which would require the approval of the Planning Office and • September 3, 1985 one which would require the approval of the Subdivision Committee of the Planning Commission. The City Attorney noted that, .if the Board is receptive to the concept, they should determine whether the Planning Office or the Subdivision Committee should be the approving authority. In answer to Director Orton, McCord stated he did not think either ordinance would be "automatic", as the criteria would be whether the proposal is in conformity with the existing neighborhood standard. In answer to questions from the Directors, McCord noted this amendment would negate the necessity of requesting a waiver from the Board of Adjustment, which presently has the, authority to grant waivers only in cases where there is "practical difficulty or hardship" shown by the petitioner. Planning Director Carlisle gave the Board an example of a case where a property owner whose house is in need of repair but, because the • rear of the house fell in, the repair falls under the category of "new construction" and, because the property is located in an older neighborhood on a substandard lot, the setbacks cannot be met. Carlisle pointed out that this owner is faced with having to pay a $25 fee to be heard by the Board of Adjustment, in the hopes that a waiver will be granted. Carlisle remarked that this amendment would be a very good idea in the case of substandard lots and she pointed out that subdivision and large scale development regulations will still apply. Director Martin commented that it would not be uniform, and would be unreasonable, to require new construction to be set back farther than other existing construction in an older neighborhood. Director Orton commented that it was unreasonable that the existing requirements would prevent property owners from repairing their homes. At Director Orton's suggestion, it was decided to read the ordinance which stipulated the jurisdiction to be with the Subdivision Committee. McCord read the ordinance for the first time. Director Orton, seconded by Lancaster, 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. In answer to a question from Director Bumpass, McCord explained that this version of the ordinance was recommended for approval by the Planning Commission. Director Bumpass, 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, 7-0. The ordinance was read for'the third time. Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3114 APPEARS ON PAGE 386 OF ORDINANCE & RESOLUTION BOOK XXIII • 271 271.1 271.2 271.3 271.4 271.5 '.72 272.1 September 3, 1985 FLOOD ZONE DELETION The Board considered an ordinance amending the City Code by deleting the F-1, "Flood", zoning district. The Mayor noted that there is only one small tract of land in the city which is zoned F-1. 272.2 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. McCord 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. McCord read the ordinance for the third time. 272.3 In answer to questions from Director Orton, McCord explained the amendment would only affect the zoning ordinance, and would not affect the flood plain regulations. McCord added that the one tract presently zoned F-1 should be rezoned in conformance with the surrounding property. McCord stated he would ascertain the zoning of the surrounding property and would place that item on the agenda of a future Board meeting.' Orton commented that there is other land which is located in the flood plain in addition to the one tract zoned F-1, and she asked the Board if it would be more clear to people if all land located in the flood plain were to be zoned F-1, rather than eliminating the zoning for that one tract. McCord stated it appears the Planning Commission is of the opinion that, in view of the existing flood plain map and existing flood plain regulations which are separate from the zoning regulations, there is not a need for the F-1 district. Planning Director Carlisle pointed out that a building permit cannot be issued until after the flood plain map has been checked. 272.4 Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3115 APPEARS ON PAGE BOOK XXTTT 387 OF ORDINANCE & RESOLUTION NONCONFORMING STRUCTURES 272.5 The Board considered an ordinance amending the City Code to authorize the enlargement of certain nonconforming structures. The Mayor explained that the Planning Commission, on August 12, recommended this amendment for approval, by a vote of 6-0. The Mayor added that the amendment_ would exempt the following types of construction• 272.6 1. Increasing the height of nonconforming residential structures; 272.7 2. Under some circumstances, the extension of carports in resi- dential zoning districts; 3. Under some circumstances, the erection of and 4. Under some circumstances, the extension open porches. September 3, 1985 detachable awnings; of porch roofs and City Attorney McCord read the ordinance for the first time. In answer to Director Bumpass, McCord explained there presently is no avenue of relief in these situations. Director Bumpass suggested Planning Director Carlisle visit with the Planning Commission so that the Board can be given specific examples showing how this amendment would be used. Director Johnson stated she thought non -conforming structures should remain as is unless the zoning has been changed. Director Orton stated she would be in favor of amending the ordinance but objected to increasing the height of nonconforming residential structures, stating this would allow the possibility of a major structural change. Director Orton, seconded by Johnson, made a motion to amend the ordinance by deleting the provision that would allow an inerease in the height of nonconforming residential structures. Director Martin pointed out that the Planning Commission had voted, 6-0, to recommend approval of the amendments. Martin expressed a wish to have the views of the Planning Commission on this issue before voting contrary to their recommendation. It was decided to discuss this item with the Planning Commission at a joint meeting. Directors Orton and Johnson decided to withdraw their motion and second, and the ordinance was left on first reading. ACCESSORY STRUCTURES The Board considered an ordinance amending the City Code to regulate the use of accessory structures. The Mayor explained that the Planning Commission, on August 12, recommended approval by a 6-0 vote. City Attorney McCord read the ordinance for the first time. Director Johnson stated she had questions regarding deleting the require- ment that accessory buildings be separated from any other building by at least ten feet. Johnson suggested the ordinance be left on first reading pending the Board/Commission joint meeting. The Directors were in agreement to leave the ordinance on first reading. 273 273.1 273.2 273.3 273.4 273.5 273.6 273.7 273.8 273.9 • September 3, 1985 EASEMENT VACATION/1417 ELMWOOD 274.1 The Board considered an ordinance closing and vacating a 10' north/south easement located at 1417 Elmwood. 274.2 City Attorney McCord read the ordinance for the first time. Director Orton, seconded by Hess, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed, 5-0-2, with Directors Bumpass and Martin abstaining. It was clarified that the easement was ten feet in width, rather than 15 feet as read by the City Attorney. Director Johnson, seconded by Hess, made a motion to suspend the rules and place the ordinance on third and final reading. Upon roll call, the motion passed, 5-0-2, with Directors Bumpass and Martin abstaining. The ordinance was read for the third time. Director Johnson, seconded by Hess, made a motion to amend the ordinance to state "ten feet" rather than fifteen feet. Upon roll call, the motion passed, 5-0-2, with Directors Bumpass and Martin abstaining. Upon roll call, the ordinance passed, 5-0-2, with Directors Bumpass and Martin abstaining. ORDINANCE NO. 3116 APPEARS ON PAGE 388 OF ORDINANCE & RESOLUTION BOOK XXIII SIDEWALK WAIVER REQUEST/DAVID BASSETT 274.3 The Board considered a request for a waiver of the sidewalk requirement for 1 Bucky Fuller Drive, submitted by David M. Bassett. The Mayor explained that the City Manager recommends approval of a Bill of Assur- ance. 274.4 David Bassett told the Board he was willing to execute a Bill of Assurance and was only concerned that, if a sidewalk is built, that it should be utilized. Bassett commented that this sidewalk could become a hazard instead of an asset. 274.5 Director Orton noted that the Board had viewed the location and she stated she supported the recommendation of the City Manager. Director Orton, seconded by Bumpass, made a motion to ask for a Bill of Assurance to build a sidewalk at the call of the city 274.6 Director Johnson asked for an explanation concerning the other two sidewalk Bills of Assurance which had been entered into in the past for this property. City Manager Grimes explained that one Bill of Assurance may have been executed by the original owner who did not complete his construction project. Bassett explained that he entered into a Bill of Assurance when he purchased the property and it expired. Bassett further explained that, at the time he was ready to build the sidewalk, he was informed by the Highway Department that he was not permitted to build a prompted him to bring this Upon roll call, the motion September 3, 1985 sidewalk on that side of the street, which request before the Board of Directors. passed, 7-0. POLICE DEPARTMENT CONSTRUCTION The Board considered an award of bid for the construction of modifications to the Police Department building. Director Johnson stated she thought the Finance Committee had considered the fact that there was not enough funding in this year's budget for the project, but that the project could not possibly be completed this year. Johnson stated she thought the amount needed would be included in next year's budget. Mayor Noland remarked that the total cost of the project as presented by Engineer Bryan Wimberly in his letter of August 28 is considerably greater than was first anticipated. Wimberly explained that he had originally been asked to estimate "raising the roof" of the Police Building, and then to estimate the entire project, which he reported to be between $146,000 and $150,000. Wimberly added that later he was asked to estimate re -roofing, which amounted to an additional $20,000. In answer to the Directors, Wimberly stated most of the project could be completed by January 1, 1986. Director Martin stated he recalled the question of raising the roof came up after the budget had already been prepared. Wimberly stated the roof raising project was first brought up in January and that at that time the city apparently had $60,000 budgeted for Police Department renovation, including reroofing. Director Martin commented that he thought the efficient use of Interim City Hall was part of the whole "housing plan" - and that this was a project the city always contemplated. Martin added that although he could not remember any figures being presented to the Finance Committee, he thought the project was not contrary to the budget. 275 275.1 275.2 275.3 275.4 275.5 275.6 Director Johnson, seconded by Bumpass, made a motion to award the 275.7 bid to Commerce, Inc. of Springdale, for $166,930.00. Director Hess asked where the funds were to cover the unbudgeted expen- diture. Mayor Noland pointed out that the total expenditure is about $106,000 over -budget. Director Johnson stated that amount could be covered under "contingencies". Wimberly noted that .an extra $3,350 is requested in the event additional roof insulation is found to be needed after the existing roofing is removed; and an additional $8,000 is requested to cover "extra equipment" which might be required in' the installation of the new communication equipment or furniture and fixtures. Mayor Noland asked Director Johnson if she wished to modify the motion to include the extra expenditures noted by Wimberly. Director 275.8 276 September 3, 1985 276.1 Johnson stated she thought the extra expenditures were a Finance Committee. matter and had nothing to do with the award of bid. Upon roll call, the motion passed, 7-0. 276.2 The Mayor asked if the Board wished to entertain a budget adjustment. Director Martin stated the Finance Committee would take up that question. Director Johnson noted the committee could also, at that time, take up the question of the extra expenditures suggested by Wimberly, as well as the engineering fees. ACCESSORY RESIDENTIAL USES 276.3 The Board considered an ordinance amending the City Code by allowing accessory residential uses in non-residential zoning districts, recom- mended for approval by the Planning Commission on August 12. 276.4 City Attorney McCord read the ordinance for the first time. Director Bumpass, seconded by Orton, 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 Martin, 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 ordinance was read for the third time. 276.5 Director Bumpass asked what brought about the request for the change. Engineer Ervan Wimberly, speaking from the audience, pointed out to the Board that the Planning Commission last fall had formed an Update Committee which has been studying the existing zoning and subdivision ordinances; that these amendments are the result of that committee's work. 276.6 At Director Johnson's suggestion, it was decided to leave the ordinance on third reading until the Board/Commission joint meeting is held. 276.7 Director Martin pointed out that tonight's meeting bears out the need for communication between the Board and Planning Commission. Martin remarked that some representative should be present at Board meetings on behalf of the Planning Commission. OFF-STREET PARKING DEFINITION 276.8 The Board considered an ordinance amending the City Code definition of off-street parking spaces - recommended for approval by the Planning Commission on August 12. At Director Johnson's suggestion, City Attorney McCord read the ordinance once, and the Board was in agreement to leave the ordinance on first reading. September 3, 1985 DRIVEWAY SEPARATIONS The Board considered an ordinance amending the City. Code requirements for the separations between driveways - recommended for approval by the Planning Commission on August 12. 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. McCord 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. McCord read the ordinance for the third time. Upon roll Call, the ordinance passed, 7-0. ORDINANCE NO. 3117 APPEARS ON PAGE 389 OF ORDINANCE & RESOLUTION BOOK XXIII MODERATE DENSITY RESIDENTIAL ZONING DISTRICT The Board considered an ordinance amending the City Code to establish an R-1.5, Moderate Density Residential, zoning district - recommended for approval by a 6-0 vote of the Planning Commission on August 12. 27.7 277.1 277.2 277.3 City Attorney McCord read the ordinance for the first time. 277.4 Director Orton asked McCord if fewer than "4 to 7 families per acre" would be permitted in the R-1 zoning district, and if fewer than "4 to 24 families" would be permitted in the R-2 zoning district. McCord explained that, in the existing ordinance, the R-1 district provides for "four families per acre or less" but that in the R-2 district, the ordinance provides for "four to twenty-four families per acre".' McCord explained that a single family dwelling is a use by right in both the.R-1 and R-2 districts. • Director Bumpass had some questions regarding the bulk and area regulations for the proposed R-1.5 district, and he commented that, if the district is approved, the Board would be likely to see many requests for R-1.5 zoning. Director Orton pointed out that the Board has granted many rezonings to R-2, with limitations through a Bill of Assurance, which she noted only appear on the city's zoning map as R-2 zoning. Orton remarked that it was possible many of these rezonings may fit the new R-1.5 district. It was decided to leave the ordinance on first reading. 277.5 277.6 277.7 277.8 278 September 3, 1985 LIQUOR STORE OPENING HOURS 278.1 The Board considered a request by Gary Carson, on behalf of Duncan's Liquor Store, to change the opening hours for liquor stores located inside the city limits. 278.2 Carson explained that he and Lenwyn and Kathy Edens were owners of Duncan's Liquor Store located at 3548 East Huntsville Road. Carson stated that in August a liquor store opened for business a short distance away and, according to Carson, they purposely built 300 feet from the centerline of Highway 16 East in order to be outside the city limits. Carson explained that the new store opens at 7:00 A.M. and closes at 1:00 A.M., as permitted by State law. Carson stated that, since the opening of the new store, his store has suffered a drastic decline in business during the morning hours, since the city does not allow liquor stores within city limits to open before 10:00 A.M. Carson told the Board he was concerned about "unfair competition". 278.3 Director Lancaster asked Carson if he had approached Washington County regarding the possibility of a county ordinance which would address the hours. Carson explained that the ABC regulations state the liquor stores cannot be open "...between 1:00 A.M. and 7:00 A.M., provided this regulation shall not conflict with the ordinance of any city or town..." Carson told the Board he had contacted County Attorney Ginger Crisp and was told that the options were to either ask legislators. to pass a statute authorizing the county to set regulations, or to ask for an opinion from the Attorney General. 278.4 Director Hess commented that he would rather annex the other liquor store into the city limits, thus forcing them to abide by the city regulations. Carson stated the City Attorney had advised this would take a city-wide vote. 278.5 Director Lancaster remarked that he was not in favor of changing the city ordinance just because of unfair competition with a liquor store outside the city limits. 278.6 Director Martin commented that, although he was sympathetic with the problems of the business, Carson's business was located on the edge of town. Martin stated he was not in favor of changing the rules to protect Carson's store from a situation that the city cannot control. Martin pointed out to Carson that there was a certain amount of unpre- dictability due to the location of his business on the edge of town. 278.7 Carson asked the Board to table his request until such time as he can approach the Quorum Court for another solution. Director Johnson suggested Carson withdraw his request. Johnson commented that there was "strong sentiment" to have a legislative session in the near future. Carson withdrew his request. • September 3, 1985 NOMINATING COMMITTEE REPORT Director Johnson reported that the Board Nominating Committee recommends the appointment of B. J. Dow to fill a term on the City Planning Commission to expire on January 1, 1989. Director Johnson, seeonded by Bumpass, made a motion to approve the recommendation of the Nominating Committee. Upon roll call, the motion passed, 7-0. PENSION WITHDRAWAL The Board gave further consideration to a request by employee Phillip Jefferson for authorization to withdraw his contributions from the City pension plan, which was tabled at the August 20 meeting. The Mayor pointed out that, since that time, there has been another request. Pension Plan Consultant Bob Hall stated employee meetings were held at which time handouts were distributed which explained the overall employee pension plan. Director Bumpass asked if there was any record of employee attendance, since some employees claim they were not notified of the change in the pension plan rules. Mackey stated there was 957-100% attendance by then -participating employees. Hall pointed out that the only employees who signed forms at the meeting were those newly enrolling in the plan.. Director Johnson asked if, in the case of withdrawal and rejoining, the employee loses the amount of city contributions which were made prior to the time of the withdrawal. Hall explained that, before July 17, 1984, the policy was that employees who had no vested interest at the time they withdrew their contributions, upon rejoining the plan would "go back to the beginning" - and that employees with a vested interest who left the plan could rejoin at the point where they left. Director Johnson asked what opportunities were available to employees for borrowing money through their employment with the city. Mackey explained that voluntary membership is available in Razorback Federal Credit Union. Director Martin expressed concern that, in July of 1984 when the rules were changed to prohibit withdrawals, employees may not have .been given an opportunity to withdraw their contributions up to that point. Martin pointed out that some employees may not have chosen to join the plan had they known they would not be permitted to withdraw their contributions. Hall stated he thought there was a need for employees to meet again to sign new enrollment forms and to be given the option either to 279 279.1 279.2 279.3 279.4 279.5 279.6 279.7 279.8 '.8Q September 3, 1985. 280.1 continue under new rules or to withdraw their contributions. Hall explained that normally open enrollment takes place on January 1 of each year. 280.2 Director Johnson, seconded by Hess, made a motion that a letter be sent to all employees giving them until October 1, 1985 to withdraw their contributions to the city's pension plan - that after October 1, 1985, employees will not be allowed to withdraw any funds from the city's pension plan - that employees should sign a document stating they have waived their right to withdraw their Contributions - and the document be filed in the employees' personnel files. 280.3 Director Bumpass stated he thought a response should,be required from each employee, whether positive or negative. Director Johnson suggested the notice go out with paychecks. 280.4 Director Martin asked if the opportunity to withdraw funds would be given to those employees in the Pension Plan up until July 17, or if Johnson was suggesting the opportunity to withdraw now be given to employees who have joined the plan to -date. Johnson stated she thought it should be to -date, since it has become obvious that many employees are not aware of the July 17 change. 280.5 Director Martin asked if there is an obligation to pay interest on employee contributions. Bob Hall responded that interest is accrued on January 1 of each year. 280.6 In answer to a question from Director Bumpass, Bob Hall stated there would be no extra expense for the proposed process. 280.7 Upon roll call, the motion passed, 74/. BID WAIVER/RADIO COMMUNICATIONS LINK 280.8 The Board considered an ordinance waiving competitive bidding requirements for the purchase of a radio communications link between the Police Station and the new radio communications tower on Mt. Robinson. The Mayor noted it, is proposed that the city make a one-time purchase of a radio-frequency link. 280.9 City Attorney McCord read the ordinance for the first time. Director Bumpass, 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. 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 third time. Upon roll call, the ordinance passed, 7-0. September 3, 1985 ORDINANCE NO. 3118 APPEARS ON PAGE 390 OF ORDINANCE & RESOLUTION BOOK XX77I SALEM ROAD EXTENSION/COLLECTOR STREET The Board considered an ordinance which would amend the Master Street_ Plan to.add the extension of Salem Road, from Mt. Comfort Road to Highway 16 West, as a collector street. The Mayor reported that the Planning Commission, on August 26, voted unanimously to recommend approval. City Attorney McCord read the ordinance for the first time. Director Bumpass, seconded by Noland, 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 third time. 281 281.1 281.2 Mayor Noland asked if anyone wished to comment in opposition to the 281.3 ordinance. No public opposition was expressed. Director Johnson pointed out that the Board, at a prior meeting, had 281.4 voted to keep the Salem Road extension as a two-lane street. City Manager Grimes explained that, should the street ever beslated for widening to four lanes in the future, it would be practical to designate 60 feet of right-of-way now. Director Martin expressed concern that approval of this request would be "a back door approach" toward four-laning the street. Martin pointed out that the Street Department requested the street be four-laned and the Board voted instead to spend the money on the bridge. Director Hess remarked that,_if the street is added as a collector to the Master Street Plan, in the future it will seem as though it was intended to be a four -lane rather than a two-lane street. Grimes commented that it will be a Board decision when the time comes to decide whether to four -lane the street in the future. Grimes pointed out that, even though Township Road is designated a collector, and its extension is being built as a two-lane street, the city has been requiring sixty feet of right-of-way dedication when development occurs. Upon roll call, the ordinance passed, 5-2, with Directors Martin and Hess voting in the minority. ORDINANCE NO. 3119 APPEARS ON PAGE BOOK XXIII 392 OF ORDINANCE & RESOLUTION 281.5 281.6 82 September 3, 1985 *THE MEETING RECESSED AT 9:50 P.M. AND RECONVENED AT 10:00 P.M. EXPRESS AIRLINE I, INC/LEASE'AGREEMENT 282.1 The Board considered a resolution authorizing the Mayor and City Clerk to execute a lease agreement between the city and Express Airline I, Inc., for space rental and landing fees at the Drake Field Terminal Building. 282.2 Director Johnson, seconded by Bumpass, made a motion to approve the resolution. Director Johnson stated the lease was for Republic Airlines, which is starting service September 15th. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 95-85 APPEARS ON PAGE -408 OF ORDINANCE & RESOLUTION BOOK XXII AERO TECH/FRO LEASE MODIFICATION 282.3 The Board considered a resolution authorizing the Mayor and City Clerk to execute a modification of the Fixed Base Operator's lease agreement with Aero Tech Services, Inc. to allow the annual renegotiation of the rent payable for the use of the city -owned fuel farm. 282.4 Director Johnson, seconded by Lancaster, made a motion to approve the resolution. 282.5 Director Bumpass stated that, when the lease with Aero Tech was first entered into, he thought. the Board had discussed increasing the rent based on increased flowage - as a "split the profit" situation, until the entire capital costs were recovered. Bumpass asked if this modifi- cation would lock the city into an "inflation index". Airport Manager Dale Frederick explained that the modification would allow both parties to renegotiate -the rent on an annual basis. Frederick pointed out that this would change the original term of the fuel -farm lease from three years to one year. 282.6 Director Martin explained that the Airport Committee recommended the one-year approach so that, after the first year, some kind of amortization or sliding -scale formula could be adopted. 282.7. Director Martin asked why language referring to the Consumer Price Index has been incorporated into the lease modification. Director Johnson stated she understood the Airport Committee intended for there to be a "negotiated price" acceptable to both parties, which in ensuing years would be increased based upon the CPI. 282.8 Upon roll call, the motion passed, 7-0. September 3, 1985 RESOLUTION NO. 96-85 APPEARS ON PAGE 422 OF ORDINANCE & RESOLUTION BOOK XXII PILOT PLANT STUDY The Board considered a resolution authorizing the Mayor and City Clerk to execute an amendment to the City's Water and Sewer Facility Plan, to include the requirement for a Pilot Study. Director Johnson, seeonded by Orton, made a motion t� approve the resolution. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 97-85 APPEARS -ON PAGE 424 OF ORDINANCE & RESOLUTION BOOK XXII Director Lancaster asked Project Coordinator Bob Franzmeier about the status of the Pilot Plant study. Franzmeier reported that as a result of the study, some problems are being uncovered which he stated may result in some possible modifications. 283 283.1 283.2 283.3 • V.A. CONTRACT AMENDMENT/GREGORY PARK Mayor Noland reported that the Veterans' Administration has asked 283.4 for tabling of consideration of an amendment to a contract with the V.A. in reference to engineering services for a proposed street in Gregory Park. Director Orton, seconded by Bumpass, made a motion to table the request from the D.A. and to table consideration of a related contract for engineering services with McClelland Engineers. Upon roll call, the motion passed, 7-0. R -O -W WAIVER/FAYETTEVILLE PUBLIC SCHOOLS The Board considered a request by the Fayetteville Public Schools for a variance from the literal requirements of the City Code, regarding the dedication of additional street right-of-way in connection with construction work to be done at Jefferson and Washington Schools. The Mayor reported that on August 26 the Planning Commission voted, 5-2-1, to recommend approval of this request Charlie Berger of Hailey-Powers-Froning Architects spoke on behalf of the request. Berger explained that for the building plans to go forward, there would be a violation of the building setback from the right-of-way, or a problem with dedicating additional right-of-way, or both. Berger explained that the State Board of Education sets classroom -size requirements and, in addition, problems with tying 283.5 283.6 283.7 284 284.1 September 3, 1985 into existing fire corridors constrict the locations of the schools as shown on the'drawings. Berger added that there would be setback violations on Maple and Highland for Washington School as well as on 7th Street for Jefferson School. Berger stated the School hoped to have the right-of-way requirements waived so that it will not be necessary to ask for a waiver of the setback requirements. Berger noted that the School has said they are willing to give the rights- of-way at the time the street improvements are under construction. Berger explained that the hope is to acquire more property before the time street improvements are slated to begin. 284.2 Director Hess asked why these problems were not addressed earlier. Berger explained that his firm was not involved in the design development stage of the project. 284.3 In answer to a question from the Mayor, the City Attorney stated it would be appropriate to ask for Bills of Assurance on the right-of-way dedications for 6th, 7th, Maple and Hyland Streets. 284.4 Director Orton,' seconded by Bumpass, made a motion to accept Bills of Assurance for right-of-way dedication at the call of the city, for 6th, 7th, Maple and Hyland Streets. 284.5 Director Johnson stated she viewed this as a real safety hazard, in that it would allow construction of a street within five feet of a classroom. Berger pointed out that the existing buildings were designed in 1962 but that street changes were made in 1970. 284.6 Upon roll call, the motion passed, 6-1, with Director Johnson voting against the motion. ALLEY CLOSING 284.7 The Board considered a request by the Fayetteville Public Schools for an ordinance closing and vacating a 10 -foot north/south alley, running between Sixth and Seventh Streets, east of South College Avenue. The Mayor pointed out that part of an existing building is located on this alley. 284.8 City Attorney McCord read the ordinance for the first time. Director Bumpass, seconded by Orton, 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 third time. • 285 September 3, 1985 In answer to a question from Director Bumpass, it was confirmed that 285.1 there were no problems with utility easements in the alley. Dpon roll call, the ordinance passed, 7-0. 285.2 ORDINANCE NO. 3120 APPEARS ON PAGE 393 OF ORDINANCE & RESOLUTION BOOK xXIII ENGINEER SELECTION/SEWER REHAB PROJECT The Board considered a resolution authorizing the Mayor and City Clerk to execute a contract with McClelland Consulting Engineers/CH2M Hill, for engineering services relating to a sewer rehabilitation project. The Mayor reported that two proposals had been submitted which were closely ranked, and he stated that after the Water and Sewer Committee reviewed the fees, the decision was made to recommend McClelland/CH2M Hill whose fees were lower. 285.3 Director Johnson, seconded by Bumpass, made a motion to approve the 285.4 resolution. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 98-85 APPEARS ON PAGE 425 OF ORDINANCE & RESOLUTION BOOK XXII STREET NAMING The Board considered an ordinance confirming the name of "Briarwood Avenue" for a street running from Elm Street to Township Road. The City Attorney read the ordinance for the first time. Director 285.6 Bumpass, 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. 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. The ordinance was read for the final time. 285.5 The Mayor asked if anyone wished to speak against the ordinance. 285.7 With no public opposition being expressed, the roll was called and the ordinance passed, 7-0. ORDINANCE NO. 3121 APPEARS ON PAGE BOOK XXIII 394 OF ORDINANCE & RESOLUTION .86 September 3, 1985 HIGHWAY 265 CONDEMNATIONS ,286.1 The Board considered a resolution authorizing the initiation of condem- nation proceedings against two parcels, for the acquisition of easements necessary for improvements to the intersections of Highway 265 with Highways 45 and 16 East. 286.2 Director Johnson, seconded by Bumpass, made a motion to approve the resolution. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 99-85 APPEARS ON PAGE 439 OF ORDINANCE & RESOLUTION BOOK XXII DEMOLITION BID 286.3 The Board considered the award of Bid 1/644A, for the old coil filter system at the Pollution Control reported that three bids were submitted and the that The Painting Plant, which met the specifications the necessary insurance and bonds, be awarded the bid being in the amount of $16,000. the demolition of Plant. The Mayor recommendation is and could provide bid, with the net 286.4 Director Johnson, seconded by Orton, made a motion to award the bid to The Painting Plant. Upon roll call, the motion passed, 7-0. OTHER BUSINESS SIGN ORDINANCE CLARIFICATION 286.5 The Board was asked to clarify the sign requirements for Dennis Home Furnishing, located at 3525 South School, since the business is con- structing what the building and fire code classifies as a new building, even though the construction is being attached to the existing building. The request before the Board was whether they would allow a wall sign on the existing building and one on the new building. 286.6 Director Johnson commented that she viewed the existing structure and the new structure as one building, with one sign to be allowed. 286.7 Director Johnson, seconded by Hess, made a motion that the Board considers the Dennis Home Furnishing building, with its new construction, as one building, with one sign to be allowed. 286.8 Director Hess noted that, even though there is the existing building and the new construction, from the street is that of one building, it should be building. a fire break between since the appearance treated as one 287 September 3, 1985 Director Bumpass commented that, if there is undue hardship, the company 287.1 may ask the Board for relief. Upon roll call, the motion passed, 7-0. 287.2 ROCKWOOD TRAIL AREA EXTENSION The Board considered.a request for authorization to solicit proposals for the selection of a preliminary route connecting the Rockwood Trail area to Highway 265. City Manager Grimes commented that, because of feedback he has received from Rockwood Trail area residents, it should be clarified that the route is proposed to be located from Highway 265 toward "the downtown area", not necessarily to the Rockwood Trail area. Grimes added that another problem with the Rockwood Trail choice is access difficulties for fire equipment. Mayor Noland added that several months ago the Board received a petition from residents living east of Highway 265, asking for additional access. Director Hess, seconded by Orton, made a motion to authorize the soliciting of proposals for the selection of a route connoting the. downtown area to Highway 265. Upon roll call, the motion passed, 7-0. HYLAND PARK SIDEWALK The Board considered a request from Jim Lindsey for a waiver of the sidewalk requirement for Hyland Park, as shown on the Master Sidewalk Plan. The Mayor noted that Lindsey, in lieu of installing a sidewalk, had been permitted to install walkways and landscaping. City Manager Grimes stated he recalled a lump sum contribution was made by Lindsey for a walkway and landscaping along the back of the lots along the north side of Hyland Park Road. Director Martin, seconded by Johnson, made a motion to grant the waiver. The City Attorney advised that passage of an ordinance to amend the Master Sidewalk Plan would be in order. The City Attorney read an 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. 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. The ordinance was read for the third time. Director Orton asked who was responsible for the construction of the walkways. Director Martin stated he recalled that, when this question came before the Planning Commission, it was implied that the walkways had been built but not maintained, and that it was determined a Property Owners Association should be responsible for maintenance. 287.3 287.4 287.5 287.6 287.7 287.8 88 September 3, 1985 288.1 Upon Toll call, the oidinance passed, 7-0. ORDINANCE NO. 3122 APPEARS ON PAGE 395 OF ORDINANCE & RESOLUTION BOOK xxIII 288.2 BOARD RETREAT It was decided that Directors would submit proposed dates and suggested locations for the Board Retreat to the Assistant City Manager. STAFFING REQUEST FOR POLICE .& FIRE EMPLOYEES 288.3 Mayor Noland explained that the staff is suggesting that, in regard to personnel salaries, Police and Fire Departments would operate within their budgets; however, if resignations or retirements are anticipated, the Chiefs may temporarily hire more than the budgeted number of officers, so that when there are a number of highly -qualified applicants, the departments can begin the necessary training in advance. 288.4 Director Martin stated he had observed that both the Police and Fire Departments are chronically understaffed, resulting from the timing process of interviewing new applicants only twice a year when openings are occurring throughout the year. Martin stated he thought the staff's suggestion to be a creative solution. 288.5 Director Bumpass suggested an increase in the number of testing periods throughout the year. 288.6 Director Johnson pointed out that the Board had voted to place a freeze on hiring new Fire Fighters until such time as the staffing needs for the communications system could be determined. 288.7 Director Bumpass asked if the new Fire Chief, when chosen, should have some input into the filling of new positions in the Fire Department. City Manager Grimes pointed out that selections for those positions are made from "the top of the list". Grimes noted that examinations for selection of a Fire Chief are scheduled for October 4th, and that hopefully a selection would be made.that evening. 288.8 Director Martin, seconded by Hess, made a motion that the Police and Fire Chiefs be authorized temporarily to exceed their budgeted number of personnel. Mayor Noland asked if the motion would include authorizing the Civil Service Commission to proceed with the filling of the positions of Fire Lieutenant and Fire Inspector. Director Martin stated he would be in favor of that authorization. .288.9 Director Johnson asked if this action would. lift the ban on .hiring new Fire Fighters. Johnson explained there are presently three Fire Department employees serving as dispatchers and the reason the Board placed a ban on hiring new Fire Department employees (even though September 3, 1985 some employees were planning to retire) was because it was not yet known how many dispatchers would be needed for the new communications system, and it was thought that those Fire Department dispatchers would not be likely to be moved out of the Fire Department. Director Martin stated he did not believe it likely that any hiring would take place within the Fire Department before a new Chief is selected. Martin asked that it be understood that the intent of the motion is to allow, on an ongoing basis, the pre -hiring of personnel in anticipation of resignations. Martin, in answer to Director Johnson, stated that this action could possibly lift the ban on hiring Fire Fighters, because, if the Civil Service Commission should meet and certify several candidates which the Acting Chief thought were ideal, and if he foresaw resignations coming up, he might pre -hire. Martin added that this could mean the Fire Department might have to wait for attrition to take care of any staff reductions which might be necessary because of the communications system staff. Director Bumpass asked if it was possible for someone from outside the Fire Department to take tests for the the open positions, and be certified "number one" on the list. City Manager Grimes stated that was possible, under the present Civil Service regulations, but he added that there were experience requirements (not necessarily with the Fayetteville Fire Department). Bumpass spoke in favor of the new Chief either being involved in the "advertising" for positions or in the encouraging of persons from outside the department to take the test and compete with others on the list. Bumpass stated he would not be in favor of any hiring taking place before thenew Chief is selected. City Manager Grimes suggested a condition be attached to the motion that, after the new Chief is hired, he may proceed with Civil Service testing. Directors Martin and Hess agreed that this condition be added to the motion. Upon roll call, the motion passed, 7-0. McCOLLUM AVENUE CORRECTION City Attorney McCord reported that, when McCollum Avenue was vacated, he inadvertently referred to it as McCollum Road and, since there presently is some litigation concerning the vacation, he asked that an ordinance be passed to correct the erroneous reference. City Attorney McCord read an 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. 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 third time. Upon roll call, the ordinance passed, 7-0. 28 9 289.1 289.2 289.3 289.4 289.5 289.6 90 September 3, 1985 ORDINANCE NO, 3123 APPEARS ON PAGE 396 OF ORDINANCE 6 RESOLUTION BOOK XXIII LAKE WILSON LEAK ,290.1 City Manager Grimes reported that a stream of water is coming out of a pipe from the water tower at Lake Wilson. Grimes explained that the water level has continued to drop at the rate of about six inches per day. Grimes informed the Directors that, when the problem has been determined, work will have to commence immediately, and that a budget adjustment may have to come before the Board at some later date. MINUTES 290.2 The Minutes of the August 20 meeting were approved, with the following additions and corrections: 252.5 Additions to this paragraph shown in bold type: Director Johnson stated it was her observation that visibility is poor to the west when presently exiting Greenvalley south onto Sycamore. Johnson commented that the proposed connection point at Greenvalley would only compound the problem by increasing traffic. Jones pointed out that the proposed exit point from the grounds is proposed to be four feet higher and would give a clear line of sight. 255.1 "Glenn Carlson" should be "Linn Carlson" ADJOURNMENT With no further business, the meeting was adjourned at about 11:10 P.M.