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HomeMy WebLinkAbout1985-12-03 Minutes39 2 MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS 392.1 A regular meeting of the Fayetteville Board of Directors was held on Tuesday, December 3, 1985, at 7:30 P.M. in the Board Room of City Hall at 113 West Mountain Street. PRESENT: Mayor Noland; Directors Bumpass, Hess, Johnson, Lancaster, Martin and Orton; Acting City Manager Jim Murphy, City Attorney McCord, City Clerk Kennedy; members of the press and audience CALL TO ORDER 392.2 Mayor Noland called the meeting to order, with seven Directors present, and asked for a moment of respectful silence. The Mayor introduced Jim Murphy, Acting City Manager, and Dan O'Mara, new Reporter for the Springdale News. REZONING APPEAL/OLD FARMINGTON & SHILOH 392.3 The Mayor introduced an appeal of a decision by the Planning Commission regarding the failure to rezone 1.96 acres located at the southwest corner of the intersection of Old Farmington Road and Shiloh Drive, as requested in rezoning petition R85-29. The Mayor explained the petitioner, Henry Hickman, requested a change from A-1, Agricultural, to C-2, Thoroughfare Commercial zoning; that the Planning Commission failed to pass a motion to re -hear the petition, by a vote of 4-3; and that the Board of Directors heard the appeal at a November 19 meeting and left the ordinance on first reading. The Mayor noted the property is located immediately to the north of the grocery store located at the northwest corner of the intersection of Highway 62 and the Bypass. ' 392.4 Bob Fairchild, speaking on behalf of the appeal, commented that the intersection of Highway 62 and the Bypass was one of the most traveled intersections in Northwest Arkansas, and would become the major inter- section with the advent of the new interstate connector. Fairchild asked why a large area of land had been designated C-2 beyond the drive-in, and he asked if this situation encouraged spot development. Fairchild stated the petitioner requests the property be rezoned to "the highest and best use". 392.5 Director Martin asked Fairchild whether the rezoning would predestine the whole area to be zoned C-2, and whether there was a logical stopping point for C-2 zoning. Fairchild stated he agreed with the Board and Planning Commission that the area should not be developed all the way through with C-2. Fairchild stated there was "buffer potential" December 3, 1985 existing just north of Old Farmington Road, and he suggested C-2 develop- ment be allowed in the area around the intersection. Orton commented that it would not be good planning for the Board to allow this rezoning, in that it goes against the recommendations of the staff planner and the Planning Commission. Orton added that the Board should wait until the land use plan is revised, rather than to arbitrarily allow the rezoning to take place .at this time. Orton stated she did not view Old Farmington Road as a major intersection and commented that the rezoning would encroach on recently rezoned R-2 property. Fairchild agreed there should be a plan and stated, if no action is taken, he would encourage the Board "to press for a comprehensive plan all across the western part of the city". Fairchild stated there was potential for a tremendous opportunity for beneficial growth in western Fayetteville. The Mayor noted that the Planning Commission has recommended there be a study of the city's existing comprehensive land use plan, to obtain recommendations for future land use for the city. Director Hess stated a decision should be made on the merits of "what is the highest and best use" of the property, and whether the rezoning to C-2 would start a trend farther up the highway. Hess stated he thought no one would want to build a house at that location, and that he would prefer to see nice -looking commercial property rather than unsightly duplexes. Director Martin agreed with the concept of limiting commercial development to the intersections, but he questioned whether the first developer on an intersection should define the zoning. Martin stated he thought the proposed zoning would be a reasonable use of the property. Director Bumpass commented that R -O or possibly C-1 zoning would be the best transition between the C-2 zoning along Highway 62 and the R-2 zoning. 3 9 3 393.1 393.2 393.3 393.4 393.5 393.6 393.7 The City Attorney advised that the constitution requires that a zoning 393.8 ordinance permit a property owner a reasonable, economic use of the property, but not necessarily the highest and best or most profitable use of the property. McCord added that Arkansas case law also holds that it is arbitrary to prohibit the expansion of an established business district. McCord told the Board that, if the appeal is denied, there is a one-year waiting period before a new petition can be filed, unless there is additional evidence to justify reconsideration. Director Johnson stated she thought the recent paving of Old Farmington 393.9 Road had changed the complexity of the neighborhood. Johnson commented 394 394.1 394.2 394.3 394.4 394.5 394.6 December 3, 1985 that travelers of the Bypass had some commercial needs which are not being served and she stated she was in favor of C-2 zoning for the property. Director Martin, seconded by Johnson, made a motion to suspend the rules and place the ordinance on second reading. Upon rollcall, the motion passed, 6-0-1, with Lancaster abstaining. The ordinance was. read by the City Attorney for the second time. Director Martin, seconded by Johnson, made a motion to further suspend the rules and place the ordinance on its third and final reading. •Upon roll call, the motion passed, 6=0-1, with Lancaster abstaining. Director Orton commented that the paving of Old Farmington Road with Community Development funds had been done to upgrade the neighborhood and that this rezoning would downgrade the neighborhood. In answer to a question from Director Hess, C.D. and Planning Director Sandra Carlisle stated that adjoining property owners had been. notified of the request for rezoning. Mayor Noland asked if anyone in the audience wished to speak in to the rezoning. There was no public opposition expressed roll call, the ordinance failed to pass by a vote of 3-3-1. Martin, Hess and Johnson voted in favor of the ordinance, Orton, Noland and Bumpass voted in opposition, and Director abstained. CABLE TRANSFER The Mayor introduced a request by Board approval of a change in the name Agreement, from "Warner Amex Cable" to opposition and, upon Directors Directors Lancaster Warner Communications, Inc. for in the city's TV Cable Franchise "Warner Communications Inc." 394.7 Director Bumpass, seconded by Johnson, made a motion request. Upon roll call, the motion passed, 7-0. to approve the RESOLUTION NO. 127-85 APPEARS ON PAGE 129 OF ORDINANCE & RESOLUTION BOOK XXIII SIGN ORDINANCE AMENDMENT 394.8 The Mayor introduced consideration of an Ordinance amending Section 17B-9 of the Fayetteville Code of Ordinances to specify that only one free-standing sign shall be permitted at a business conducted on more than one adjoining lot. 394.9 The City Attorney explained that the ordinance would implement what the staff understands to be the intent of the original ordinance which • • December 3, 1985 McCord said has been circumvented by a loophole, where one business occupies more than one platted lot. McCord stated the staff understands the intent is for there to be only one free-standing sign per business, regardless of the number of platted lots a business may occupy. The City Attorney read the ordinance for the first time. Director 395.2 Bumpass, seconded by Lancaster, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 7-0. The ordinance .was read for the second time. Director Bumpass, seconded by Johnson, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the third time. 395 395.1 Director Orton spoke in support of the ordinance and stated she thought 395.3 it addressed the intent of the original ordinance. Director Bumpass asked how the ordinance affected the situation where 395.4 an "Isuzu" dealership sign on Highway 71 has been erected in a location away from where the vehicles are sold. The City Attorney responded that, in that case, the second sign would be prohibited. The Mayor asked if anyone in the audience wished to comment regarding 395.5 the ordinance. There was no public comment expressed. In answer to a question from Director Bumpass, the City Attorney stated 395.6 that, to his knowledge, there were not numerous violations of the existing ordinance. McCord told the Board that the ordinance, if amended, would still allow for the granting of a variance. Director Martin commented that the ordinance would close the loophole but stated it should be made clear that, if there is a bona fide reason for there to be more than one sign for a business, he would support such a request. Upon roll call, the ordinance passed, 7-0. 395.7 ORDINANCE NO. 3155 APPEARS ON PAGE 476 OF ORDINANCE & RESOLUTION BOOK XXIII SIGN APPEAL/"TACO BELL" The Mayor introduced an appeal from the literal provisions of the Sign Ordinance submitted by "Taco Bell" for a sign proposed to be located at 1772 North College Avenue. The Mayor explained the petitioner requests permission to erect a free-standing sign on an adjoining lot leased by the business. There was no one present to speak on behalf of the petition. 395.8 Mayor Noland pointed out that the Board considers whether or not a 395.9 hardship exists, in its consideration of such appeals. 96 December 3, 1985 396.1 Director Orton, seconded by Bumpass, made a motion to deny the request. Upon roll call, the motion passed, 7-0. SIGN APPEAL/"CHURCH'S FRIED CHICKEN" 396.2 The Mayor introduced an appeal from the literal provisions of the Sign Ordinance submitted by "Church's Fried Chicken" for a sign to be located at 1889 North College Avenue. The Mayor explained the request is for permission to extend the height of the sign by 15 feet; that the present height of the sign is approximately 30 feet and is set back 40 feet from street right-of-way. 396.3 Director Bumpass, seconded by Lancaster, made a motion to deny the request. Upon roll call, the motion passed, 7-0. CBID ADDITION 396.4 The Mayor introduced consideration of a petition for the annexation of property into the "Central Business Improvement District No. 1". 396.5 The Mayor asked the City Attorney to clarify the Board's role in regards to this petition. McCord noted that the statute requires that, on filing of a petition to annex contiguous property to the Central Business Improvement District, the petition contain signatures of 2/3 in assessed value of property owners within the area proposed for annexation, that the city publish a notice of public hearing twice before the public hearing on the sufficiency of the petition, and that on the appointed date the Board hold the public hearing to allow all persons to be heard for or against the question bf whether the petition contains the requisite number of signatures. McCord explained that if the Board determines, based upon the evidence presented, that the petition contains the signatures of 2/3 in assessed value of'property owners within the area proposed for annexation, the Board has no discretion but to adopt an ordinance annexing the property to the district. 396.6 The Mayor .opened the public hearing and stated that, according to the records, the signers of the petitions represent a total assessed value of more than 2/3 of the assessed valuation of the real property in the area proposed. 396.7 Roy Clinton stated he represented a client who is in the process of studying the feasibility of constructing an apartment complex on the site. 396.8 Director Orton pointed out that the Arts Center Board has considered part of this property as a possible location for the Arts Center, although they have not yet made a decision. Orton asked if anything would be done in the next few months regarding the property which December 3, 1985 could affect such a decision by the Arts Center Board. Clinton commented that whatever action is taken on the annexation petition would not affect the decisions of the Arts Center Board. Clinton noted, however, that some action could be taken regarding the property in the next few months. Clinton pointed out that there is no inducement resolution being presented to the Board at this time. In answer to Director Martin, Clinton stated that part of the reason for the request before the Board at this time is based on potential. changes in the tax law which could become effective in January,of 1986. The City Attorney explained that the CBID is authorized by statute to issue industrial development bonds, the interest on which is exempt from federal and state income taxation, and the proceeds of -which are loaned to developers who propose to renovate property in a downtown business district. Under the pending tax reform proposals, McCord explained industrial development bonds would be eliminated, possibly effective January 1, 1986. The Mayor noted the property was located between Block and East, south of Rock Street. The Mayor asked if anyone in the audience wished to comment regarding the petition. No public comment was expressed and the Mayor closed the public hearing. The City Attorney read an ordinance for the first time. Director Bumpass, seconded by Johnson, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the second time. Director Bumpass, seconded by Johnson, made a motion to further suspend the rules and place the ordinance on its 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. 3156 APPEARS ON PAGE 477 OF ORDINANCE & RESOLUTION BOOK XXIII APPOINTMENTS Director Johnson presented recommendations on behalf of the Board Nominating Committee. Johnson, seconded by Orton, made a motion that Mary Margaret Durst and Frank Sharp be reappointed to the Arts Center Board for terms to expire on January 1, 1989; and that John A. Vinzant be reappointed to the City Hospital Board of Control for a term to expire January 1, 1990. 3 7 397.1 397.2 397.3 397.4 397.5 397.6 397.7 398 December 3, 1985 398.1 It was noted by Johnson that there were a great number of applicants for the positions. Director Martin commented that incumbents had been chosen by the committee who had served well and had earned the chance to serve again. 398.2 Upon roll call, the motion passed, 7-0. 398.3 Johnson reported that additional nominations would be made at the next Board meeting for vacant positions on the Northwest Arkansas Regional Planning Commission, the Parks and Recreation Advisory Board and the Planning Commission. JANITORIAL CONTRACT 398.4 , The Mayor introduced a resolution authorizing the Mayor and City Clerk to execute a new contract for janitorial service at City Hall with Harmony Building Maintenance, at a rate of $1487.50 per month. The Mayor noted a 30 -day cancellation clause was included in the contract, as well as a five-year option for extension. 398.5 Director Johnson, seconded by Orton, made a motion to approve the resolution. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 128-85 APPEARS ON PAGE 130 OF ORDINANCE & RESOLUTION BOOK XXIII BLANKET PERFORMANCE BONDING 398.6 The Mayor introduced consideration of a proposal regarding the city's participation in a State blanket performance bonding program. 398.7 Purchasing Officer Sturman Mackey reported the State Insurance Department had no bids to open for a state contract. Mackey stated he was advised by the State Insurance Department that the city stay with its three-year prepaid bond which covers 55 employees. 398.8 Director Johnson, seconded by Hess, moved to table the matter indefi- nitely. Upon roll call, the motion passed, 7-0. PENSION PLAN 398.9 The Mayor introduced a resolution adopting an amended employee retirement plan and trust agreement for the City of Fayetteville. 398.10 Finance Director Scott Linebaugh explained that in 1982 and 1984 new laws were passed relating to pension plans - and that the Internal Revenue Service has just now ruled that changes be made in current December 3, 1985 pension plans to reflect the new laws. Linebaugh pointed out there would be no additional cost to the city as a result of the changes and he summarized them as follows: 1. Limit on allocations for any one participant in a plan year, of $30,000. Leased employees have to be included. 3. Qualified Joint and Survivor Annuity: Benefits will be paid on a J & S Annuity basis unless the participant elects a lump sum or some other basis in writing. 4. "Top Heavy" rules do not apply to governmental units but are included in the event Congress applies them at a later date. 5. The Retirement Equity Act deals with distributions and requires a spouse to also sign the election form for lump sum distribu- tions, either at retirement or on termination. Also, if a beneficiary is other than the spouse, the spouse has to sign the beneficiary form. 6. Required Commencement of Retirement Benefits: Retirement benefits have to begin to be paid out (principal and interest) by April 15 of the year following the participant attaining age 70 1/2. 7. .Break in Service extended from one year to five years, and participant can elect to "buy back in" to the plan if re -hired in that break. r 8. Minimum Age reduced from 25 to 21, which does not affect the city as the eligible age is 20. Director Bumpass, seconded by Martin, made a motion to approve a reso- lution. Upon roll call, the motion passed, 7-0. RESOLUTION N0..129-85 APPEARS ON PAGE 133 OF ORDINANCE & RESOLUTION BOOK )(XIII .. Bob Hall, of Hall Consulting, Inc., told the Directors a new booklet would be published for the benefit of employees. 399 399.1 399.2 399.3 400 400.1 400.2 December 3, 1985 BID AUTHORIZATION The Mayor introduced a request by the City Engineer for authorization to advertise for bids for interceptors and lift stations, for the sewer treatment plant's sludge application site. Director Orton, seconded by Bumpass, made a motion to authorize adver- tisement for bids. Upon roll call, the motion passed, 7-0. OTHER BUSINESS PERSONNEL COMMITTEE MEETING 400.3 Director Johnson announced that the Personnel Committee met on November 27 to discuss eight pay grade changes, and the reclassification of three positions. Johnson noted that in some cases job responsibilities had changed and in some cases were simply classified wrong. 400.4 Director Johnson, seconded by Hess, made a motion to approve the recommen- dations of the Personnel Committee to approve pay grade adjustments and reclassifications. Upon roll call, the motion passed, 7-0. 400.5 Johnson reported the committee had no recommendation at this time regarding the "worked time concept" which was discussed at their meeting. 400.6 Johnson reported the committee considered the sabbatical schedule for City Manager Don Grimes and it was amended by the committee. 400.7 Johnson, seconded by Orton, made a motion to approve the sabbatical schedule. Upon roll call, the motion passed, 7-0. SESQUICENTENNIAL 400.8 Director Johnson reported that she and Directors Lancaster and Orton met with others interested in the history of aviation in Fayetteville and in Northwest Arkansas. Johnson reported they would pursue the idea of establishing an Arkansas Aviation Museum in the northwest hangar at Drake Field, as the city's sesquicentennial project. Johnson noted this would require Board approval and she stated she would bring additional information back before the Board. Johnson noted the next Sesquicentennial Committee meeting is scheduled for 1:00 P.M. on December 18 in Room 326. MAIN STREET PROGRAM 400.9 Director Bumpass reported he had received correspondence asking whether the City of Fayetteville had any interest in filing another application Ei December 3, 1985 to participate in the "Main Street" program. Bumpass remarked that, since the last application took so much time, he wouldn't suggest going through the process again unless there was ample opportunity for our city to be selected. Bumpass reported that the director of the program has informed him that Dickson Street was not exactly the main street of the community, was more of a "shopping center", and was probably too small of an area; in addition, that combining the Square and Dickson Street would be too broad of an area. Bumpass said the director suggests that the "Pride in Dickson Street" organization and the "Spring Fest" and "Autumn Fest" events should be maintained and perhaps next year there would be more favorable consideration. POLICE AND FIRE COMMITTEE MEETING Director Bumpass reported he had been requested to call a meeting of the Police and Fire Committee, to look at certain equipment needs of the Police Department. Bumpass explained the only equipment on the list at this time is replacement of shotguns. Bumpass asked if the committee wished to schedule a meeting to see a demonstration of current firearms being proposed. It was agreed that the committee would meet at 9:30 A.M. on Tuesday, December 10. In answer to a question from Director Martin, Bumpass replied that the standardization of shotguns was a strong recommendation of Police management. Martin commented that he would prefer to be guided by management's recommendation. INTERIM DEPARTMENT HEADS TO ATTEND BOARD MEETINGS Acting City Manager Jim Murphy announced that temporarily assigned staff members were present to represent (as a result of reorganization) three new departments — Scott Linebaugh for Administrative Services, Don Bunn for Public Works and Mickey Jackson for Public Safety. Murphy noted these individuals would continue to be present at Board meetings until the positions have been filled permanently, for the purpose of responding to any questions from Directors. MINUTES The Minutes of the November 13 the following change requested by 380.4 In the first sen go back" to "would The Minutes of the November 19 the following change requested by special Director meeting were approved with Johnson: tence, change "automatically would be required to go back" regular meeting were approved with Director Orton: 401 401.1 401.2 401.3 401.4 401.5 402 pl December 3, 1985 387.2 In the third sentence, change "less than the present minimum" to "a lesser minimum" ADJOURNMENT 402.1 With no further business before the Board, the meeting was at 9:05 P.M. adjourned