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HomeMy WebLinkAbout1985-12-17 MinutesMINUTES OF A MEETING OF THE FAYETTEVILLE BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, December 17, 1985 in the Board Room of City Hall, 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Noland; Directors Bumpass, Hess, Johnson, Lancaster, Martin and Orton; Acting City Manager Murphy, City Clerk Kennedy; members of the press and audience CALL TO ORDER Mayor Noland called the meeting to order, with seven Directors present, and asked for a moment of respectful silence. ARTS CENTER BOARD REPORT Frank Sharp presented a report on behalf of the Arts Center Board. Sharp stated the Arts Center Board had received and reviewed a draft of a Preliminary Design Plan for an Arts Center. Sharp reported that the architects should have a final report ready by January 14 and he asked if the Board of Directors would be willing to schedule a special meeting at that time. The Directors were in general agreement to schedule a January 14 meeting. The Mayor noted that this could be a point meeting between the Arts Center Board and the Board of Directors. Sharp reported that the Arts Center Board does not, at this time, recommend obtaining an Option on property for a possible Arts Center site, because the owners have stated they will hold off until the second Board meeting in January. [Note: Frank Sharp informed the City Clerk that the record should reflect his remarks were made based upon a telephone conversation between Frank Sharp, Loris Stanton, David Howell and Tom Wray the morning of December 17.] Dan Farritor, speaking on behalf of the University of Arkansas, stated that the University recognizes the need for enhanced arts facilities in northwest Arkansas. Farritor noted both the group from the University and the Arts Center Board have come to the same conclusion -- that they need to move forward. Farritor stated both groups have discussed ways in which they might coordinate efforts to focus on three questions: (1) site location; (2) how a facility might be managed; and (3) available funding. 407.1 407.2 407.3 407.4 407.5 108 December 17, 1985 REZONING PETITION R85 -32/N. GARLAND 408.1 The Mayor introduced an ordinance rezoning approximately five acres located at 1170 North Garland Avenue, west of Garland and Mt. Comfort between Wedington Drive and James Street. The Mayor explained the petitioner, Vernon Wilson, requested a change from C-1, Neighborhood Commercial and R-2, Medium Density Residential, to C-2, Thoroughfare Commercial. The Mayor reported the Planning Commission recommended approval by a vote of 8-0 at a public hearing held on December 9; and that the Planning Consultant also recommended the rezoning to C-2. 408.2 In the absence of the City Attorney, Acting City Manager Murphy read the ordinance for the first time. Director Bumpass, seconded by Martin, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed, 7-0. Murphy read the ordinance for the second time. Dircector 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. [Note: the ordinance was not read for the third time.] 408.3 The Mayor asked if anyone in the audience wished to speak in opposition to the ordinance. No public opposition was expressed. Upon roll call, the ordinance passed, 7-0. [Note: The 1986 meeting Ordinance was read for the third time at the January 7, and passed, 6-0, with Director Bumpass absent.] ORDINANCE NO. 3157 APPEARS ON PAGE 479 BOOK )(XIII OF ORDINANCE & RESOLUTION REZONING PETITION R85-29/OLD FARMINGTON & SHILOH 408.4 The Mayor introduced an ordinance rezoning 1.96 acres located at the southwest corner of the intersection of Old Farmington Road and Shiloh Drive. The Mayor explained that the petitioner, Henry W. Hickman, originally requested a change from A-1, Agricultural, to C-2, Thoroughfare Commercial, but that in an Addendum to the petition, it was noted that, if C-2 zoning was denied, there was a request for rezoning to R-0, Residential Office. The Mayor reported the Planning Commission, on December 9, recommended approval of the rezoning to R-0, by a vote of 8-0. 408.5 Murphy read the ordinance for the first time. Director Bumpass, seconded by Martin, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed, 7-0. The ordinance was read 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. December 17, 1985 [Note: The ordinance was not read for the third time.] The Mayor asked if anyone in the audience wished to speak in opposition to the ordinance. No public opposition was expressed. Director Orton commented that if the Board "is badgered long enough, we will change the Comprehensive Land Use Plan", but she added that she still thought the Board should stick to the Plan. Orton stated she would vote against the ordinance but added that she thought R-0 zoning was more desirable than commercial zoning. Upon roll call, the ordinance passed, 6-1, with Orton voting against the ordinance. [Note: The ordinance was read for the third time at the January 7, 1986 meeting and passed, 5-1, with Director Orton voting in the minority and Director Bumpass absent.] ORDINANCE NO. 3158 APPEARS ON PAGE 481 OF ORDINANCE & RESOLUTION BOOK XXIII CBID ADDITION The Mayor introduced consideration of a petition for the annexation of property into the "Central Business Improvement District /{1". The Mayor explained the petitioners are requesting that property located between Church and Block Avenues, between Center and Mountain Streets, be annexed into the District for "...any authorized purpose including, but not limited to, acquiring, constructing, installing, operating and maintaining hotels, apartments, retail shopping outlets or malls, offices and parking lots or parking garages within the district...". The Mayor pointed out that the City Board's role is to hold a public hearing and determine whether the property owners signing the petition constitute two-thirds in assessed value of the owners of real property within the district. The Mayor opened the public hearing and asked if anyone wished to speak for or against the petition. Director Bumpass stated he would abstain from voting on the issue because of an attorney-client relation- ship. Bumpass noted that Rick McCollum was present to represent the Lewis Land Company. The Mayor noted that an Abstractor's Certificate had been submitted stating that the individuals signing the petition represent ownership in excess of two thirds of assessed valuation of the property in question. There being no public comments expressed, the public hearing was closed. Director Johnson, seconded by Orton, made a motion that the property be annexed into the Central Business Improvement District #1. Upon roll call, the motion passed, 6-0-1, with Bumpass abstaining. • n�, 409.1 409.2 409.3 409.4 409.5 410 December 17, 1985 410.1 Director Martin advised the Board that it would be necessary to pass an ordinance to annex the property. Murphy read an 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, 6-0-1, with Bumpass abstaining. 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 its third and final reading. Upon roll call, the motion passed, 6-0-1, with Bumpass abstaining. [Note: The ordinance was not read for the third time.] 410.2 Upon roll call, the ordinance passed, 6-0-1. [Note: The Ordinance was read for the third time at the January 7, 1986 meeting and passed, 6-0, with Director Bumpass absent.] ORDINANCE NO. 3159 APPEARS ON PAGE 4$3 OF ORDINANCE & RESOLUTION BOOK xxrii UNSIGHTLY PROPERTY 410.3 The Mayor introduced an ordinance ordering the razing and removal of an unsafe structure located at the northeast corner of South School Avenue and Ilth Street, north of City Lumber. 410.4 Murphy read the ordinance for the first time. Director Bumpass, seconded by Lancaster, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed, 6-1-1,. with Johnson ,voting "no" and Orton abstaining. The ordinance was read for the second time. Director Bumpass, seconded by Lancaster, made a motion to ,further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 6-1-1, with Johnson voting "no" and Orton abstaining. The ordinance was read for the third time. 410.5 The Mayor noted that certified notice which was sent to the property owner, Mattie Stewart, was returned marked "unclaimed". Director Orton informed the Board that the property owner does not live at the address to which the notice was sent but lives out of town. Director Johnson stated she thought'the notice should have been sent to Mattie Stewart's son. Director Martin asked if the ordinance could be left on third reading until further notification could be pursued. Director Bumpass and Mayor Noland concurred with Martin. Director Hess commented that, if the property owner's son was either the guardian or trustee for the property owner, the notice would have been sent to him instead. Hess added that he thought it would cost considerably more money than the structure is worth, to repair it. • December 17, 1985 It was generally agreed that the ordinance would be left on third reading and a certified notice would be sent to the son of the property owner. Mayor Noland asked Director Orton to supply the staff with an address for Mattie Stewart. NOMINATING COMMITTEE REPORT Director Johnson reported it was the recommendation of the Nominating Committee to appoint the following individuals to the Parks and Recreation Advisory Board for terms of office ending on January 1, 1988: Emily C. Lancaster Andrew Lucas, Jr. Beverly B. Melton J. 0. "Rudy" York Director Johnson, seconded by Bumpass, made a motion to approve the recommendation of the Nominating Committee. Upon roll call, the motion passed, 7-0. The Mayor noted that 24 applicants were considered by the committee for vacancies on the Parks and Recreation Advisory Board. Director Orton commented that the members of the Parks and Recreation Advisory Board work very hard and that it was a very difficult decision for the committee to not reappoint some of the members. Orton noted two individuals were reappointed and two were new appointments. CBID COMMISSIONER APPOINTED Director Johnson introduced a recommendation from the Central Business Improvement District Commissioners to nominate Hugh Kincaid, to replace Pearl Clinehens who no longer owns property within the district. Director Johnson, seconded by Bumpass, made a motion to approve the recommendation. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 137-85 APPEARS ON PAGE 203 OF ORDINANCE & RESOLUTION BOOK xxili POLICE & FIRE COMMITTEE REPORT Director Bumpass reported that he, Fire Chief Jackson, Police Chief Jones and Acting City Manager Murphy looked at equipment for the' Police Department and it was the consensus that new shotguns should be purchased. Police Chief Jones explained that the staff would recommend a "trade-in" 4 411.1 411.2 411.3 411.4 411.5 411.6 411.7 412 December 17, 1985 412.1 of existing shotguns. It was noted that this purchase would be taken into consideration in. preparation of the department's budget for next year. • BLANKET PERFORMANCE BOND 412.2 The Mayor introduced a resolution declining to participate in a State Plan for Blanket Performance Bond coverage for city employees. The Mayor noted that the same coverage can be obtained locally for about $2500 less. In answer to a question from Director Johnson, Purchasing Officer Sturman Mackey explained that, according to the Risk Management Division of the State Insurance Department, the city is required to bond all employees at the $75,000 level. 412.3 Director Johnson, seconded by Martin, made a motion to approve the resolution. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 130-85 APPEARS ON PAGE 191 BOOK XXIII OF ORDINANCE & RESOLUTION BID AWARD/LOGGING/RECORDER SYSTEM 412.4 The Mayor introduced consideration of the award of bid for a 20 -Channel Logging/Recorder System for the Police Dispatching Center. The Mayor reported the staff recommends the bid of Dictaphone Corporation be awarded in the amount of $26,857.67. The Mayor noted that $27,000 is included in the budget for the equipment. 412.5 At the request of Director Orton, Police Chief Bob Jones explained that the equipment would be used to record telephone calls; that it would be useful in the case of an emergency because it has an instant replay feature if a dispatcher doesn't get a message right the first time. Jones added that the equipment also takes the place of the dispatcher's logging duties. Jones noted the equipment would also record radio activity. 412.6 Director Martin, seconded by Johnson, made a motion to approve the bid of Dictaphone Corporation. Upon roll call, the motion passed, 7-0. SIGNATURE AUTHORIZATION 412.7 The Mayor introduced a resolution authorizing the Director of Adminis- trative Services to execute documents (in the absence of the City' Manager) that are necessary to expedite completion of all phases of improvements to the city:'s pollution control facilities. • pl December 17, 1985 Director Johnson, seconded by Orton, made a motion to approve the resolution. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 131-85 APPEARS ON PAGE 192 OF ORDINANCE & RESOLUTION BOOK XXIII SIGNATURE AUTHORIZATION The Mayor introduced a resolution authorizing the Acting City Manager to execute all documents related to the ICMA-RC Deferred Compensation Plan. Director Johnson, seconded by Martin, made a motion to approve the resolution. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 132-85 APPEARS ON PAGE 193 OF ORDINANCE & RESOLUTION BOOK XxIII OTHER BUSINESS MODIFICATION OF ELEVATOR CONTRACT Mayor Noland introduced consideration of a modification of contract with Ozark Elevator Company. Purchasing Officer Mackey explained that Ozark Elevator Company was sold to Montgomery Elevator Company midway through the contract year, and that it is also time for the city to exercise its option to renew the contract which will expire on February 23, 1986. Mackey noted the price would remain at its current level. Director Martin, seconded by Lancaster, made a motion to authorize the execution of the contract. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 133-85 APPEARS ON PAGE 194 OF ORDINANCE & RESOLUTION BOOK xxIII GRAMM-RUDMAN LEGISLATION Director Johnson reported that the "Gramm-Rudman" legislation was signed into law last week -- legislation which, if carried out, could cut city programs by some $5 billion next year. Johnson stated that a decision had not been made as to whether cuts would possibly be made.from CDBG programs, or from revenue sharing funds. Johnson noted that cuts from revenue sharing would mean that revenue sharing payments scheduled to be made to cities in April, July and October of 1986 could be cut. Johnson asked that the Board send a letter to congressmen 413 413.1 413.2 413.3 413.4 413.5 413.6 414 414.1 414.2 414.3 414.4 414.5 December 17, 1985 and go on record as preferring to have cuts made from CDBG programs rather than from revenue sharing funds. Johnson stated she thought it would be easier for the city to cut back on one of its CDBG projects. Johnson commented that revenue sharing cuts could affect "the whole gamut of the citizens of Fayetteville". Director Johnson, seconded by Orton, made a motion to approve a reso- lution. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 134-85 APPEARS ON PAGE 199 OF ORDINANCE & RESOLUTION BOOK XXIII RSVP RETIRED EXECUTIVE WELCOMED Acting City Manager Murphy introduced William Harris, a retired civil engineer, who has agreed to donate 10 hours per week to the Public Works Department, through the RSVP retired executive program. MINUTES The minutes of the December 3, 1985 meeting were approved. ADJOURNMENT The meeting was adjourned at about 8:30 P.M.