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HomeMy WebLinkAbout1986-09-02 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, September 2, 1986 at 7:30 p.m. in the Directors' Room of City Hall, 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Noland; Directors Bumpass, Johnson, Lancaster, Martin, Orton and Hess; City Manager Grimes, City Attorney McCord, City Clerk Kennedy, Department Directors Burch, Coates and Linebaugh; members of the press and audience CALL TO ORDER The meeting was called to order by the Mayor, with all seven Directors present. REPORT TO THE PUBLIC City Manager Grimes presented the monthly Report to the Public and Board. Status reports for Administrative Services, Public Safety and Public Works Departments were distributed to the Board. The City Manager reported that one of the Animal Control Officers attended a three-day school in Hot Springs, that two Police Officers attended a defensive driving class in Tulsa and are now certified instructors who will in turn instruct other City employees. Grimes reported two Police Officers also attended a hostage negotiation class which Grimes noted was a very important area of law enforcement which the City intends to pursue to anticipate the needs of the future. Grimes reported the Fire Department conducted fire fighting drills at high rise buildings, noting that the value of the drills showed clearly in controlling a fire on the roof of the Science Engineering Building. Grimes reported there was a seminar conducted by the National Fire Protection Association in Ft. Smith on the National Life Safety Code, and a four- hour class in Prairie Grove conducted by the Waterous Fire Pump Company of St. Paul, Minnesota, on operation and maintenance of pumps. Grimes reported one of the City's building inspectors attended a seminar in Muskogee, Oklahoma on one and two-family dwelling units. Grimes reported that, in the Public. Safety Department, programs are on schedule with the exception of stress counseling. Grimes distributed copies of worker injuries by division for the month. of August. Director Johnson asked why the restrooms at Walker Park were scheduled to be renovated at the end .of the summer this year when the restrooms will not be used, rather than in the Spring of next year. Deryl Burch 314.1 314.2 315.1 September 2, 1986 responded that the staff was waiting for a complete set of plans and cost estimates on more vandal -proof facilities and the City could probably do the work itself over the winter months. Grimes noted that if things keep rolling as they are now, parking deck net revenues will exceed $90,000 this year. 315.2 Director Johnson asked for a progress report on coordinating a disaster drill program with Washington County. Marty Coates reported the staff had anticipated working with the County on this program in July but do not expect progress on this until the Fall. ALCOHOL ORDINANCE 315.3 The Mayor introduced further consideration of an ordinance amending the City Code to make it unlawful for a minor to attempt to purchase or otherwise obtain any alcoholic beverage; left on first reading at the August 19 meeting. 315.4 Director Johnson, seconded by Hess, made a motion to place the ordinance on its second reading. Upon roll call, the motion passed, 7- 0. The ordinance was read for the second time. 315.5 Director Johnson, seconded by Bumpass, proposed an amendment to increase the first offense fine to a,$100 minimum and requiring posted notification as follows: NOTICE TO PERSONS UNDER 21 YEARS OF AGE You are subject to a maximum $500 fine (1st offense) or double that sum for repetition of such offense for: Misrepresenting your age for the purpose of obtaining liquor, beer or alcoholic beverage. 2. Purchasing or otherwise• obtaining liquor, beer, or alcoholic beverage: 315.6 Director Bumpass asked for some assurance that the provision requiring the posting of a notice be applied to drive-in windows as well as front doors of establishments. The City Attorney noted that this could probably be taken care of in the process of inspections. 315.7 Mayor Noland asked for comments from the audience on, the ordinance.. No public comment was made. 315.8 Director Bumpass reported he had received calls from operators, some out of state, indicating they favor this ordinance. September 2, 1986 The Mayor asked that, if the ordinance passed, an ad hoc committee be formed to study the question for six weeks, and report back to the Board to see if there are additional things which the City could do to address the problem. Upon roll call, the motion to amend the ordinance passed, 6-1, with Lancaster voting in the minority. Director Johnson, seconded by Bumpass, made a motion to place the ordinance on its third and final reading. Upon roll call, the motion passed, 6-1, with Lancaster voting in the minority. The City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed, 6-1, with Lancaster voting in the minority. Mayor Noland urged citizens to come forward if they are interested in serving on the short-term committee. ORDINANCE NO. 3207 APPEARS ON PAGE S/ OF ORDINANCE & RESOLUTION BOOK ?m V WEDINGTON DRIVE SEWER IMPROVEMENT DISTRICT The Mayor opened a public hearing regarding the sufficiency of a sewer improvement district petition for Wedington Drive, from just west of BettyJo Drive. to 1/8 of a milewest of Double Springs Road; and.for 1/8 of a mile north and 1/2 of a mile south of Wedington Drive. Rick Osborne was present to represent the petitioners. In answer to a question from the Mayor, Osborne stated it was his understanding that all of the area in the district is within the city limits of Fayetteville. The Mayor noted that the abstractor's certificate reports that the petitioners own property representing 64% of the assessed value of the district. Osborne commented that, in his opinion, there is substantial support for the petition. The City Attorney explained that the City Board was under a statutory obligation to pass an ordinance establishing the district. The City Attorney read the 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 City Attorney read the ordinance for the second time. ;?1.17 316.1 316.2 316.3 316.4 316.5 316.6 316.7 316.8 316.9 316.10 316.11 JI/ September 2, 1986 317.1 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 City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed, 7- 0. ORDINANCE NO. 3208 APPEARS ON PAGE SV OF ORDINANCE .& RESOLUTION BOOK XXIV 317.2 Mayor Noland expressed appreciation to those who organized the district, noting that this took a lot of effort on their part. 317.3 The City Attorney explained that the commissioners would sign an oath of office. Rick Osborne introduced commissioners Paul Marinoni, Jr., Eudell Luttrell and Russell P. Jack: WEDINGTON DRAINAGE PROJECT 317.4 The Mayor introduced a request from the Community Development Department that $72,000 in new HUD funds be allocated for the Wedington drainage project. 317.5 in answer to a question from the Mayor, Sandra Carlisle responded that a public hearing would not be necessary if the funds were allocated to a project already approved. 317.6 Director Johnson; seconded by Orton, made a motion to approve the allocation of $72,000 to the Wedington drainage project. Upon roll call, the motion passed, 7-0. BID AWARD • 317.7 The Mayor introduced consideration of the award of bid for storm drainage construction for the Wedington drainage project. The Mayor reported there were two bids and the staff recommends the award of bid to the low bidder, Jerry D. Sweetser, Inc., bidding $276,098. 317.8 Director Johnson, seconded by Bompass, made a motion to award the bid to Jerry D. Sweetser. Upon roll call, the motion passed, 7-0. REZONING/HWY 16 & DOUBLE SPRINGS ROAD 317.9 The Mayor introduced an ordinance rezoning 1.97 acres located north and south of County Road 638, south of Highway 16 -West -and west of Double September 2, 1986 Springs Road, with the petitioner (First National Bank of Fayetteville) requesting a change from A-1 "Agricultural" to R-2 "Medium Density Residential". The Mayor reported, the Planning Commission recommended approval by a vote of 8-1, and the Planning Consultant, Larry Wood, noted the following in his recommendation for approval: "If this were vacant land, R-2 District would not be recommended...but since all of the dwelling units are already in place...R-2 District is recommended." The City Attorney read the 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 City Attorney 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 its third and final reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the third time. The Mayor asked if anyone in the audience wished to speak against the ordinance. No public opposition was expressed. Director. Martin announced that, as a Director for First National Bank, he would abstain from voting. upon roll call, the ordinance passed, 6- 0-1, with Martin abstaining. ORDINANCE NO. 3209 APPEARS ON PAGE _C6 OF ORDINANCE & RESOLUTION BOOK )(X 1 V SIGN APPEAL/1417 W. SIXTH STREET The Mayor reported there had been a request from the petitioner, Greenwood Food Stores, to table theirrequest for a sign appeal at 1417 West Sixth Street. Director Bumpass, seconded by Johnson, made a motion to table the appeal. Upon roll call, the motion passed, 7-0. SIGN'APPEAL/1830 N. COLLEGE AVENUE • The Mayor introduced an appeal from the literal provisions of the Sign Ordinance from the Chief Motel, 1830 N. College Avenue. Mahendra Jeram was present to speak for this appeal, for permission to replace the existing freestanding sign with a 75 square foot freestanding sign, 30 feet high, at a 22 foot setback from street right-of-way. Jeram stated he felt the sign was too small and said that business is down 30% from last year. 318 318.1 318.2 318.3 318.4 318.5 318.6 September 2, 1986 319.1 In answer to a question from Director Orton, Jeram stated he had not considered any alternatives which would conform to the SignOrdinance. 319.2 Director Martin noted that the petitioner had asked, in his letter to the City, what size sign he would be permitted to have. Martin told ihe'petitioner that if he had any questions, the staff would be pleased to work with him on the alternatives. 319.3 In answer to a question from Director Lancaster, the petitioner stated he was aware that the former sign had been removed by a court order. 319.4 Director Bumpass, seconded by Lancaster, made a motion to deny the appeal. • 319.5 The Mayor encouraged the petitioner to work with the City Sign Inspector on conforming to the Sign Ordinance. 319.6 Upon roll call, the motion passed, 7-0. ALLEY CLOSING 319.7 The Mayor introduced a request from Freda Greathouse Brinson for an ordinance vacating and abandoning a 25 -foot platted, unopened alley located between Center and Treadwell, west of Hill Street. 319.8 The City Attorney noted that a utility easement would be reserved. He read the 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 City Attorney read the ordinance for the second time. Director Bumpass1 seconded by Johnson, made a motion to further suspendthe rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 7-0. The City Attorney read the ordinance for the third time. 319.9 The Mayor asked if anyone present wished to speak against the ordinance. No public opposition was expressed and, upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3210 APPEARS ON PAGE _se OF ORDINANCE & RESOLUTION BOOK AXIL WATER & SEWER -FINANCE COMMITTEE REPORT 319.10 The Mayor presented a report from a joint Water and Sewer/Finance Committee meeting held in the afternoon prior to this Board meeting. September 2, 1986 The Mayor reported that sewer extensions to Sherwood Forest Estates were discussed. He noted that all the people living in the area concerned had septic tanks which were in varying stages of condition. The Mayor reported that different alternatives were discussed and it was the consensus that the City would construct sewer lines for anyone wanting to hook on to sewer, estimated to cost $173,000. The Mayor explained that the agreement was that anyone wishing to hook up to the sewer line now would be charged $1500 per existing lot; to hook on later would cost $3000 per lot; and any new lots would have to pay $3000 now; in addition to these figures, there could be some money recouped for extensions on Joe Fred Starr Road at some time in the future. . '1• !I 320.1 Director Martin, with Orton seconding, made a motion to approve the 320.2 recommendation. Director Martin explained that about $100,000 of the total cost would cover the off-site portion of the line (which would also be available to other developments along the route of that line), with about $73,000 covering the cost of lines actually entering the subdivision. Martin said the neighbors originally proposed a subscription plan which would have recouped the City about $21,000, but the committee did not feel this was adequate. Martin said the recommendation now would recover from $30,000 to $35,000, which he .felt was a good faith compromise with the neighborhood. Director Bumpass asked if there was a way the City could ultimately recover the additional costs. Deryl Burch said that a study could be done to come up with an idea of approximate future growth in the area. Director Hess stated he did not object to providing sewer to the subdivision but had a problem with the rationale behind providing it withinthe subdivision. Director Martin said the committee attempted to find a mechanism which would provide encouragement for early subscribers and more equitable cost recovery. Martin commented that the problem was not only need but incentive, which Martin explained was why the committee was willing to compromise for less than total cost recovery. Director Orton commented that the Sherwood Forest residents had gambled and lost when they installed septic systems. She said she thought the recommendation was very generous, although the residents may not think so because they have already paid for theirseptic systems and now will have to pay for a sewer. Director Bumpass said he saw no overriding reasons why all other users of the sewer system should subsidize a mistake made by the developer of the subdivision and adopted by the purchasers of the lots. The Mayor 320.3 320.4 320.5 320.6 320.7 320.8 321 September 2, 1986 stated the streets had been platted and the roads developed before the area was annexed into the City. 321.1 Director Orton said that $60,000 was available in the budget for the project. She said the additional amount to be spent on the internal lines into the development must be appropriated. The Mayor said'hedid not think this was a precedent, in that the City has had similar projects over the years. The Mayor said it was a question of how much subsidy to put into the system. Director Johnson said she thought it was a question of a health hazard for the residents. 321.2 321.3 321.4 Director Hess asked if a $113,000 budget adjustment would be found for this project. Scott Linebaugh said this amount could be taken from the "fund balance", meaning the City would run close on cash flow and, in the long term, could mean raising the rates. Director Hess asked if there would be a severe objection to raising the hook-up fees from $1500 to $2000 and from $3000 to $4000. Director Martin said he thought the problem is that only some people in the subdivision need the hook-ups and, if the cost is too high, only those who need it will subscribe, meaning that there would be even less recovery of costs. Martin said he thought the committee's recommended charges would mean recovering more costs sooner. Upon roll call, the motion passed, 5-2, with Bumpass and Hess voting in the minority. AIRPORT COMMITTEE REPORT 321.5 Director Lancaster presented a report from the Board Airport Committee which met on August 28. Lancaster reported th'e committee recommended (1) a $41,000 transfer of funds to complete renovation of the White Hangar; and (2) renewal of existing leases with Continental Ozark and Northwest Air for hangar space for one year. Lancaster said the reason for the recommended increase from $500 to $620 per month, according to Scott Linebaugh, is to bring us closer to covering the cost of financing the building at this point. Lancaster reported the tenants were in agreement with the increase. • RESOLUTION NO. 88-86 APPEARS ON PAGE ' e.( OF ORDINANCE & RESOLUTION BOOK $i(V I j .. RESOLUTION NO. 89-86 APPEARS ON PAGE 3,16 OF ORDINANCE & RESOLUTION BOOK jyV I1 RESOLUTION NO. 90-86 APPEARS ON PAGE 33/3 OF ORDINANCE & RESOLUTION BOOK X X V I ) September 2, 1986 Director Orton asked if the new roof had already been completed and the total cost. Burch reported the work had been done at a cost of $30,464. Airport Manager Dale Frederick said there is a problem with the shingles and a proposal to remedy the problem has been received fromthe company which did the work, for work which would be done at company's cost. In answer to a question from Director Orton, Frederick said if the proposal were rejected the company would be expected to install another roof. Director Orton asked why the request for a budget adjustment is being made now when the roof has already been completed. Frederick explained that in the Fall of 1985 it was not known that money would be needed for a new roof. Frederick added that the work done thus far on the renovation has not gone over the budget but that, without the budget adjustment, the total renovation project cannot be completed. Frederick reported that, under Other Business at the Airport Committee meeting, the committee recommended approval of the renewal of an existing lease with Air Midwest for a fuel farm, and an existing lease for limousine service. Frederick added that there were no changes to these leases. RESOLUTION NO. 91-86 APPEARS ON PAGE 3/ %: OF ORDINANCE & RESOLUTION BOOK XXV// RESOLUTION NO. 92-86 APPEARS ON PAGE BOOK X X V II 3dl OF ORDINANCE & RESOLUTION Director Johnson, seconded by Martin, made a motion to approve the recommendations of the Airport Committee. Upon roll call, the motion passed, 7-0. E911 SYSTEM A slide show and presentation on a proposed E911, enhanced emergency phone system, was given by Warren McDonald. McDonald explained that Washington County initiallyappointed an advisory board in 1981 consisting of emergency services providers, whose function was to meet periodically to enhance cooperative efforts to meet the needs throughout the county, but it was not until recently that the Washington County Quorum Court unanimously voted to place the question of the E911 system to a vote of . the people in November of 1986. A representative of Southwestern Bell•Telephone, Company was present and explained the total cost of the system would be $414,274 and would take from 18 months to two years to install. He said that residential customers would pay from .23 to .87 per month, and businesses would pay from .86 to $1.81 per month. In answer to questions from the Directors, Public Safety Director Marty Coates said the system would be compatible with Fayetteville's central dispatch system. {\/ 322.1 322.2 322.3 322.4 September 2, 1986 323.1 The Mayor asked what action was requested of the City Board. City Manager Grimes asked if the Board wished to approve a resolution of endorsement of the concept, as a preliminary expression of support. 323.2 Director Hess, seconded by Orton, made a motion to adopt a resolution indicating the City Board's support for the E911 system. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 93-96 APPEARS ON PAGE 3,ZB OF ORDINANCE & RESOLUTION BOOK )(Pi I) FIRE TRUCK SALE 323.3 The Mayor introduced consideration of the award of bid for the sale of a City Fire Department pumper truck. The Mayor reported the Fire Chief and Purchasing Officer recommend the award of bid to the only bidder, FARCO, bidding $5,200 for the purchase of a 1958 American LaFrance/Ford pumper truck. 323.4 Director Johnson, seconded by Hess, made a motion to award the bid to the high bidder. Upon roll call, the motion passed, 7-0. OTHER BUSINESS MILLER V. CITY/SETTLEMENT OFFER 323.5 The Mayor introduced consideration of a settlement offer from counsel for Arthur Miller in Miller v City. 323.6 Director Lancaster reported the Board Airport Committee recommended the offer be denied. Lancaster commented that the problem had nothing to do with the Airport, but was a separate item entirely, pertaining to a road that was closed. The City Attorney called attention to a letter to the Mayor, dated February 9, 1983, from the FAA, which states .The access road must be located on the airport or within a right- of-way acquired by the airport sponsor. The access road must be for the exclusive use of airport traffic. Any section of the roadway which is used in common with traffic generated from sources other than those located on the airport is ineligible..." 323.7 Director Lancaster, seconded by Hess, made a motion that the settlement offer be denied. Upon roll call, the motion passed, 6-0, with Bumpass absent at roll call. September 2, 1986 ENTERPRISE ZONE PROGRAM The City Attorney reported the staff had received a request from Superior Industries International, Inc. for a resolution of endorsement of their participation in the Enterprise Zone Program. Director Martin, seconded by Johnson, made a motion to approve the resolution. Director Orton asked for an explanation of the Enterprise Zone Program, as she had been absent from meetings at which the Program was introduced and approved by the Board. It was explained that the purpose of the program was to stimulate business and industrial growth by providing sales and use tax exemptions and income tax credits to businesses. Scott Linebaugh explained that the Board had also approved new enterprise zones as substitutes for the enterprise zones which were in existence. Administrative Intern Kevin Crosson explained that one of the zones encompassed the entire Industrial Park, which is where Superior Industries is located. Crosson noted that the company anticipates hiring up to 300 people between now and the end of 1987. Director Orton stated she would abstain from voting because she had not been present at Board meetings when the program had been approved. Upon roll call, the motion passed, 6-0-1, with Orton abstaining. RESOLUTION NO. 94-86 APPEARS ON PAGE 3 9.. OF ORDINANCE & RESOLUTION BOOK XXViJ CITIZEN COMMITTEES Director Johnson, Chairman of the Board Nominating Committee, announced that there were vacancies on the Electrical Licensing Board and the Industrial Park Committee with the deadline for applications being Friday, September 5, 1986. Johnson said appointments would be made to these committees at the next Board meeting. It was announced that a resignation had just been received from a member of the Planning Commission. Johnson said applications for that position should be submitted by September 5th. MEETING ANNOUNCEMENTS Director Orton reported the City Arts Center Board decided today to have a public meeting on Tuesday, September 9 at 7:30 p.m. regarding the proposed Arts Center. 32II 324.1 324.2 324.3 324.4 324.5 324.6 324.7 324.8 325.1 September 2, 1986 Orton announced the Northwest Arkansas Resource Recovery meeting scheduled for Monday, September 8 has been cancelled, and would be scheduled for another time. MINUTES 325.2 The minutes of the August 13, 1986 joint City Board/Arts-Center Board meeting were approved. Director Orton remarked that she did not think this should have been considered tb be a Board meeting. 325.3 The minutes of the August 19, 1986 Board meeting were approved, with the following corrections: 268.1 The last sentence should be changed to read: "She added that the advertising agency, Blackwood and Martin, which claims that an average tourist in Fayetteville spends $300 per day, uses inflated figures." 274.5 In the first sentence, change "section" to "gravel section" 274.7 Change "acquired" to "required" 275.7 In the first sentence, change "to'the'north" to "extending 570 feet" ADJOURNMENT 325.4 The meeting was adjourned at about 9:55 p.m.