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HomeMy WebLinkAbout1987-08-04 Minutes• 229 MINUTES OF A SPECIAL CITY BOARD MEETING A special meeting of the Fayetteville City Board of Directors was held on Tuesday, August 4, 1987 at 9:00 a.m. in Room 326 of City Hall, 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Johnson; Directors Lancaster, Martin, Kelley, Marinoni, Hess, Bumpass and Johnson; City Clerk Kennedy, City Manager Applicant David Doty, and members of the press. The meeting was called to order at 9:10 a.m. with six Directors 232.1 present. (Director Marinoni arrived later in the meeting.) Director Martin made a motion that the Board meet in executive 232.2 session to interview David Doty for the position of City Manager. The motion was seconded by Director Hess and, upon roll call, passed by a vote of 7-0. The Board met in executive session with Mr. Doty from about 9:10 232.3 a.m. to about 11:00 a.m. The Board met without Mr. Doty present from 11:00 a.m. to about 11:15 a.m. at which time the meeting adjourned. 233 MINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, August 4, 1987 at 7:30 p.m. in the Directors' Room of City Hall, 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Johnson; Directors Kelley, Marinoni, Hess, Bumpass, Lancaster and Martin; Acting City Manager Linebaugh, Department Directors Burch and Coates, City Clerk Kennedy, City Attorney McCord; members of the press and audience. CALL TO ORDER 233.1 The meeting was called to order by the Mayor, with seven Directors present. The Mayor asked for a moment of respectful silence. REZONING 233.2 The Mayor introduced an ordinance rezoning 4.67 acres located north of Highway 62 West and west of One Mile Road, requested by Daryl Vines, from A-1 "Agricultural" to C-2 "Thoroughfare Commercial". She reported the Planning Commission recommended approval, 7-0, as well as the Planning Consultant. 233.3 The City Attorney read the ordinance for the first time. Director Bumpass, seconded by Martin, made a motion to suspend the rules and place the ordinance on its second reading. The Mayor asked if anyone present wished to speak against the rezoning. No public opposition was expressed. Upon roll call, the motion passed, 7-0. The City Attorney 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 its third and final reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the third time. 233.4 The petitioner addressed the Board, correcting the Planning Office description of the property. He explained that instead of being 400 feet west of Old Farmington Road, the property was 221 feet west of One Mile Road. The petitioner said his property joined Modern Fence Company, zoned C-2, on the west side. He said the property across the street from his is zoned C-2, for 637 feet. 1 li 1 Director Marinoni just further extend August 4, 1987 commented that rezoning this property existing C-2 zoning. Upon roll call, the ordinance In answer to a question from said that screening would be residential zones. • would passed, 7-0. the petitioner, the City Attorney required between the commercial and ORDINANCE NO. 3282' APPEARS ON PAGE tv. g00 RESOLUTION BOOK XX/V OF ORDINANCE AND REZONING The Mayor introduced an ordinance rezoning .42 acre located at the northwest corner of Shiloh Drive and Porter Road, submitted by Rose Marie and Richard Peters, from R-1 "Low Density Residential" to;I-1 "Heavy Commercial and Light Industrial". She reported the Planning Commission recommended approval, 5-2, and' the Planning Consultant recommended R-0 district instead. The City Attorney read the ordinance for the first time: 234.4 Director Bumpass, seconded by Martin, made a motion to suspend the rules and place the ordinance on its second reading. The Mayor asked if anyone present wished to speak against the rezoning. No public opposition was expressed. 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 its third and final reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the third time. 2"4 ,i 234.1 234.2 234.3 The petitioner, in answer to a question from Director Bumpass, 234.5 said there were no structures on the property. Bumpass said he would not vote in favor of the ordinance because he had not had an opportunity to view the property. Director Martin commented that there has been a substantial 234.6 introduction of industrial property in the area, and the majority of the Planning Commission voted in favor of the rezoning.. Director Hess said he sympathized with the Planning Consultant's 234.7 recommendation that there be a transition area between industrial zoning to the south and residences to the north. He said that mini -storage, in his mind, was a transitional structure, was not heavily industrial, and would be a low traffic area. 235 August 4, 1987 235.1 Director Marinoni said he thought it would be a good location for mini -storage, being close to campus and apartments, and would be an extension of a large industrially zoned area to the south. 235.2 The City Attorney said storage buildings are a conditional use in C-2 zones, and a use by right in I-1 zones. 235.3 Director Bumpass asked the petitioner if he would be willing to say he would not use the property for anything other than storage buildings. The petitioner said the property was too small for anything but storage buildings. 235.4 Upon roll call, the ordinance passed, 6-1, Director Bumpass voting in the minority. ORDINANCE NO. 3283 APPEARS ON PAGE 070,2 OF ORDINANCE AND RESOLUTION BOOK AX/✓ R-O-W/ALLEy VACATION 235.5 The Mayor introduced a request for an ordinance vacating and abandoning a portion of street right-of-way of Sequoyah Drive, located between N. Skyline Drive and Loraine; and a portion of an east -west alley located between Sequoyah Drive and Williams Drive; left on first reading on July 21st. 235.6 Director Bumpass, seconded by Kelley, 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. 235.7 Greg House explained when he first purchased the lots he contacted the Planning Office regarding access to the rear lot, and discussed the possibility of a private driveway across the unimproved right-of-way of Sequoyah Drive. He said he had been told the City Attorney was of the opinion this would not be possible. House said he then suggested building a street to city standards, dedicated back to the City, so that he could have access, but the City Engineer was of the opinion the area was too steep to maintain a public street. He said the staff suggested he petition to vacate the right-of-way because the City had no interest in maintaining it. House said since the last Board meeting he has contacted Mr. Hunt (owner of Lots 1, 2, 3, 7, 8, 9 and 10) and has tried on numerous occasions to contact nearby property owner David Randle who has not returned his calls. 235.8 David Randle said he owned 3.84 acres east of Assembly Drive and north of Skyline Drive, with dedicated Sequoyah running through the property on the east side. Randle said he was contacted by House and, although he raised no objections, he did not give 1 August 4, 1987 leeway for House to pursue this in his favor. He said he was not in favor of the closing. He said several real estate people in Fayetteville told him if the alley and Sequoyah are closed it will depreciate the value of his property. Randle said the City Sanitation Department told him they would service this area from Assembly Road but it would be "a high risk" area and they would prefer to use an alternate location. Randle said he thought the closing of Sequoyah had nothing to do with making House's two lots contiguous. He said it would be unfair to him and to future developers to pass the ordinance. • Director Martin pointed out that the unpaved area of Sequoyah is extremely steep. Randle said it was only a few months ago that the Board discussed building a street from Crossover Road right into the north side of this area, with a lot steeper property involved. Director Hess asked Public Works Director Burch to comment on the City Engineer's' opinion that Sequoyah was too steep to serve as a City street. Burch supported the City Engineer's recommendation that it was not economically feasible or practical. The City Attorney stated the zoning ordinance requires a lot to have frontage on an improved public street to obtain a building permit, unless the Planning Commission has granted tandem lot approval. 236.1 236.2 236.3 In answer to a question from Director Martin, House said his 236.4 intention is to be able to,:use Sequoyah Drive as access. He said he was in a quandary if the City does not wish to use the right- of-way but does not grant him the right to use it. House said it would be more architecturally advantageous if the lots were wider but that was not a critical issue. Director Martin suggested that House could have a tandem lot if the alley were closed. House said he could not have a tandem lot because a certain width is required for Lot 5. Director Lancaster said public right-of-way has often been 236.5 abandoned and given over to private ownership. He said he has always voted in support of such requests when all parties involved have been in agreement. He said in this case where there is a conflict he could not favor the request. The City Attorney told the Board the issue was whether the street 236.6 right-of-way is required for future corporate purposes. He said if the Board is of the opinion it is not, it would be appropriate to abandon it. He said if the Board is of the opinion it is, the issue is does the public have the right to use it before the City improves it and opens it as a City street. He said there is a very recent Arkansas Supreme Court decision that may solve House's problem but which he has not yet had an opportunity to 237 August 4, 1987 237.1 research. He recommended the Board decide the first issue tonight. 237.2 Director Bumpass said it did not seem fair to not let House use the right-of-way. He said he couldn't believe House could not build a driveway there. The City Attorney said the City has previously taken the position that public right-of-way cannot be utilized for private purposes unless it is improved to City standards. He said the recent Arkansas Supreme Court decision indicates that public right-of-way is available to the public for its intended use, so that perhaps House and the general public have the right to use unimproved right-of-way. Director Bumpass asked if the City Attorney was suggesting the Board table the request. The City Attorney asked the Board to decide the issue of whether the right-of-way is needed for corporate purposes. 237.3 Director Hess said he had a difficult time believing the City would ever improve Sequoyah and connect it to Skyline Drive. 237.4 Mr. Hunt said, after visiting with House, he told him he would support his request if the City would close all of Loraine between Sequoyah and Williams, all of Sequoyah south of Rex Drive, and all of the alley between Williams and Sequoyah. Hunt said the City should consider, in its decision making, the fact that Rex Drive was built 15 feet over onto his property. 237.5 David Randle said it would be more beneficial to him, and to the City, to keep Sequoyah Drive as an alley. 237.6 Director Bumpass said he believed everyone should be in agreement before the right-of-way is closed. He said he thought the Board should reject the request to abandon the right-of-way. He added that there ought to be a way for House to build some pavement along the right-of-way without requiring him to build a City street. 237.7 The City Attorney said if the Board decides the right-of-way is needed for future corporate purposes then the issue to be decided is can Mr. House use the public right-of-way for access to his property. He said there have been similar instances in the past when the staff and Board has indicated they do not want public right-of-way used for a private drive unless it was improved to full City standards. In answer to a question from Director Hess, the City Attorney said there was a possibility House could use the right-of-way to build a driveway to less than City standards if the Board granted permission, because of the recent case. 237.8 In response to a comment by Mr. Randle that House could not build anything over an easement, the City Attorney said a permanent structure could not be built over a utility easement but that August 4, 1987 9,--) A_, ) setback lines are measured from the property line, not the 238.1 easement line, and a driveway can be built over an easement. Director Marinoni asked House how he proposed to gain access to 238.2 Lot 6, if his request is granted. House said he would build a driveway along the edge of the property line. The City Attorney said the reason House could not build a street to City standards was because the right-of-way does not meet City standards. Director Bumpass asked if standards had changed dramatically 238.3 enough to cause the City Engineer to believe the road to be too steep. Director Martin said he thought the Planning Commission had recently recommended new guidelines which will limit the grade of some streets to 15%. The City Attorney said the Public Works Director had indicated it 238.4 would cost a minimum of $250,000 to improve Sequoyah Drive to Skyline Drive to City standards. Randle asked if it wouldn't be a lot more sensible for the City 238.5 Sanitation Department to service the property from an alley rather than from a street. 'He questioned the opinion of the Public Works Director that the grade was too steep. Burch said to bring Sequoyah up to street standards would be above the acceptable limits. Director Hess, seconded by Marinoni, made a motion to further 238.6 suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion failed, 4-3, Directors Bumpass, Johnson and Lancaster voting in the minority. The City Attorney declared the ordinance stayed on its second reading for lack of 2/3 affirmative vote. The Mayor said the ordinance would be left on second reading until the next meeting. Director Kelley asked that the City Engineer bring the Board his 238.7 opinion in relation to this property's future use. Director Hess commented that the Board had already received a recommendation from the City Engineer, and stated that he did not understand the purpose of delaying the request. Director Marinoni said he would like to know the percentage of grade for the street. The Mayor asked if the proposed new subdivision regulations would 238.8 allow a street to be built to less than minimum standards. Burch said the road will still be too steep to be acceptable. Director Bumpass encouraged Randle to meet with the City Engineer 238.9 and suggested the property owners meet and let the Board know their position. 2tJ3 August 4, 1987 239.1 The City Attorney said that all the staff can do is enforce the existing ordinances. He said the Board had the authority to authorize the construction of a street to less than City standards, but the staff did not have that authority. Director Bumpass asked if the staff could tell the Board what options were available. 239.2 The Mayor asked the staff to provide the Board with the options in writing for the next meeting. UNSIGHTLY PROPERTY 239.3 The Mayor introduced an ordinance ordering the razing and removal of an unsafe structure located at 1405 N. Gregg Avenue; left on first reading on July 21. 239.4 Director Hess, seconded by Kelley, 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 Hess, seconded by Kelley, made a motion to further suspend the rules and place the ordinance on its third and final reading. 239.5 The Mayor asked for a progress report since the last Board meeting. Property Inspector Richard Wilson reported the owner had boarded up the door and windows but no attempt had been made to obtain a building permit to bring the house up to Code nor had any attempt been made to demolish the structure. Director Bumpass asked if anyone had talked to the owner. Wilson said letters had been sent but no responses received. The City Attorney said he wrote a letter to the owner informing him the ordinance had been left on first reading and advising him he had been given additional time, but he had received no response. 239.6 Upon roll call, the motion passed, 7-0. The City Attorney read the ordinance for the third time. 239.7 Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3284 APPEARS ON PAGE 02o S4 OF ORDINANCE AND RESOLUTION BOOK X0(0/ 239.8 Director Bumpass requested the owner receive notice that the ordinance had passed. The City Attorney explained the ordinance contained an emergency clause (meaning it becomes effective immediately) and that as a matter of course he sends a copy to the property owner pointing out the time deadlines in the ordinance. 1 1 crla UNSIGHTLY PROPERTY ;„ August 4, 1987 240 The Mayor introduced an ordinance ordering the abatement of 240.1 unsightly conditions and the razing and removal of an unsafe structure located at 1717 Stirman Avenue. The City Attorney read the ordinance for the first time. 240.2 Director Bumpass suggested the ordinance be left on first reading 240.3 until the Board has an opportunity to view the property. Mayor Johnson asked if the budget was sufficient to take care of 240.4 the many recent razing and removal ordinances. The City Attorney explained the City bills the property owner for costs incurred and, if the costs are not paid, the City has a statutory lien on the property and collection is eventually made either through foreclosure action or through delinquent tax billing by the County tax office. Director Bumpass requested an inventory over the last 24 months 240.5 of what actions have been taken by the City in this regard. WASTEWATER USER FEE The Mayor introduced an ordinance amending the City Code to 240.6 restrict the use of revenues from sewer user charges and to provide for a review of such charges. The City Attorney said no new charge will be imposed and the ordinance is necessary to comply with EPA regulations. Director Hess said the ordinance water and sewer fees, followed either remain the same or •be Linebaugh agreed. would mandate a yearly review of 240.7 by a recommendation for fees to changed. Acting City Manager The City Attorney read the ordinance for the first time. 240.8 Director Martin, seconded by Kelley, 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 Martin, seconded by Kelley, 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. Director Martin said the mandated annual review of rates does not 240.9 necessarily mean rates will go up, as it is also possible the rates could go down. Martin said cost subsidization of rate- paying would'also be eliminated as much as possible. He said the 241. August 4, 1987 241.1 ordinance would ensure the City pay its cost of service and he thought it was aimed at being fair and in the citizens' best interests. 241.2 Acting City Manager Linebaugh said the review would take place at the end of December. 241.3 Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3285 APPEARS ON PAGE 402o / OF ORDINANCE AND RESOLUTION BOOK )000 AIRPORT ITEMS T -HANGER LEASES 241.4 The Mayor said no action was required on the part of the Board to approve T -hangar leases because they were extendable up to five years, with lessors being required to give sixty days notice regarding rental fees, and lessees being required to give thirty days notice of intent to renew or not. AIRWAYS FREIGHT GROUND RENTAL 241.5 The Mayor introduced a resolution authorizing the Mayor and City Clerk to execute a one-year lease renewal with Airways Freight, for ground rental, at $280 per month, including an increase of $15 per month and a provision that the company provide the City with proof of insurance including the City as co-insured. 241.6 Director Bumpass, seconded by Hess, moved approval of the resolution. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 54-87 APPEARS ON PAGE 2021 OF ORDINANCE AND RESOLUTION BOOK XXQm 241.7 Director Martin urged the Airport Manager to be testing the market between now and next year to see if any increase or decrease is indicated for the T -hanger leases. ECONOMIC DEVELOPMENT SURVEY 241.8 The Mayor introduced discussion of an Arkansas Industrial Development Corporation Community Economic Development Assessment survey. She said Dave Harrington, Director of the AIDC, has said this survey would be of benefit to cities, and would be the first 1 1 i, August 4, 1987 2.42 step towards establishing an economic development and marketing 242.1 strategy for industrial development. Johnson proposed the City ask the AIDC to come to Fayetteville to do the survey at no charge. Johnson so moved, seconded by Kelley. 242.2 Director Martin asked if the data would be confidential or if sensitive date might be accumulated. Johnson said she did not think so, that a survey is done of the community's strengths and weaknesses. 242.3 Martin expressed concern that data could be used to market 242.4 against the City. He said he wanted the staff to be careful the data is used discreetly and doesn't become part of a data base which could provide competitors with favorable comparisons. Director Bumpass asked if more information was available 242.5 regarding the content of the survey. Johnson said she would request a sample of what was done in another community. Upon roll call, the motion passed, 7-0. 242.6 BID AWARD/WATER LINE REPLACEMENTS The Mayor introduced consideration of the award of bid for water line replacements on Woodbrook Street in Fayetteville, and on streets in Farmington and Greenland. She reported the Public Works Director recommends the bid be awarded to the low bidder, Fayette Tree and Trench, bidding $70,516.60, under budgeted funds of $71,000. 242.7 Director Hess, seconded by Marinoni, moved the award of bid. 242.8 Upon roll call, the motion passed, 7-0. • BID AWARD/TRANSFORMER The Mayor introduced consideration of the award of Bid No. 803, for a 500 KVA Transformer for the old wastewater treatment plant. She reported the Public Works Director recommended the bid be awarded to the lowest of two bidders, Tennessee Valley Electric Supply, bidding $6,132.32. 242.9 Director Hess, seconded by Bumpass, moved the award of bid. Upon 242.10 roll call, the motion passed, 7-0. 241 August 4, 1987 BUDGET ADJUSTMENT 243.1 The Mayor introduced a request from the Public Works Director for a budget adjustment in the Airport Division, that $30,000 be transferred from Fund Balance Account to Apron Expansion Account, to complete the apron expansion and taxiway reconstruction project carried over from 1986. She explained there was no change in the total project amount, but the staff underestimated the amount which should have been allocated in 1987. 243.2 Director Bumpass, seconded by Marinoni, made a motion to approve the request. Upon roll call, the motion passed, 7-0. CITY INSURANCE 243.3 The Mayor introduced an competitive bidding and a auto, boiler and machinery, the City. ordinance waiving the requirements of recommendation for the purchase of liability, and property insurance for 243.4 The City Attorney read the ordinance for the first time. Director Bumpass, seconded by Martin, 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 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, 7-0. The ordinance was read for the third time. Upon roll call, the ordinance passed, 7-0. 243.5 Director Bumpass, seconded by Martin, made a motion to reject the bids previously received for insurance coverage for the time period in question. The Mayor explained Dr. Hall offered the city the opportunity to receive more competitive quotes. Upon roll call, the motion passed, 7-0. The City Attorney pointed out another reason for rejecting the bids is because some of the specifications were changed. Director Hess said he hoped the City was continuing to move towards more self-insurance. Hess asked the Acting City Manager if there was a self-insurance fund. Linebaugh said funds were budgeted each year to cover expenses for items which are not insured but there are no reserve funds at the present time. He said there will be a proposal for this in the future. 243.7 Director Bumpass said he thought it would be a good idea to establish a reserve fund right now. 243.6 1 1 1 August 4, 1987 Director Martin said he thought this should be studied very carefully, pointing out it would take an enormous amount of premium expense to be able to set aside enough funds to self - insure liability exposure. Director Martin also cautioned the City be careful of its legal liabilities in this area. Director Bumpass pointed out the City pays hundreds of thousands of dollars a year on maintenance contracts for equipment. He said he thought the City could build up a maintenance fund as a form of self-insurance. The Mayor asked the Directors if they wished to accept the alternate quote on liability insurance which would include the Airport, increase limits of coverage, and lower deductible to $2,000; or accept the other quote. She said there was a $7,000 difference between the quotes. Director Martin, seconded by Hess, made a motion to accept the recommendation, including the alternate liability insurance, for a total of $91,949. Upon roll call, the motion passed, 7-0. ORDINANCE NO. 3286 APPEARS ON PAGE RESOLUTION BOOK )(x/V OTHER BUSINESS OF ORDINANCE AND' CITY VS. SOUTHWESTERN BELL City Attorney James McCord told the Board the U. S. Congress had recently changed the law which means the City's pending action against Southwestern Bell no longer has merit. He said it was his recommendation that (1) the City nonsuit its pending action; (2) the City and Southwestern Bell jointly request the Arkansas Highway Commission to make federal funds available for reimbursement of utility relocation costs on current and future street improvement projects financed, in whole or in part, with federal funds;and (3) the City consider whether to litigate the issue of whether a utility must bear relocation costs to accommodate street improvements if the project is not financed With federal funds. Director Hess, seconded by Marinoni, moved Director Martin stated that, as an officer he would be abstaining from voting. the recommendation. 24:1 244.1 244.2 244.3 244.4 244.5 244.6 of a utility company, 244.7 Upon roll call,. the motion passed, 6-0-1, abstaining. Director Martin 244.8 245 EPA PENALTY August 4, 1987 245.1 The City Attorney reported he and the City Engineer met with legal counsel and others of the EPA in Dallas last Tuesday to attempt to negotiate a reduction in the proposed civil penalty EPA was to assess against the City for violation of PCB storage and disposal regulations. He said the proposed penalty was $25,000 and the staff was able to negotiate a reduction to $11,240 based upon existing regulations. He said the staff does not believe it can negotiate further reductions under the controlling regulations and recommends the Mayor be authorized to sign a consent agreement and order under which the fine would be assessed against the City. 245.2 Director Bumpass so moved, seconded by Martin. 245.3 Director Lancaster asked if the City had any recourse against the paint contractor. The City Attorney advised the paint contractor had paid for cleanup costs after a determination was made that there was an excessive level of PCB contamination. He said he thought it would be appropriate for the City to request reimbursement of the civil penalty from the paint contractor. 245.4 Upon roll call, the motion passed, 7-0. 245.5 Director Bumpass, seconded by Lancaster, moved that the City ask the paint contractor to reimburse the City for damages. Upon roll call, the motion passed, 7-0. SLUDGE MANAGEMENT CONTRACT CHANGE 245.6 Public Works Director Deryl Burch distributed to the Directors copies of an Agreement between the City and United Pacific Insurance Company (bonding company for the sludge management project). He told the Directors the contractor on that project and the bonding company have reached an agreement that the contractor will be removed from the project and the bonding company will become responsible for that project. He said the Agreement was reviewed by CH2M Hill, the bonding company, the City Attorney and other staff members. He said, if the Board approves the agreement, Garney Construction Company will be employed by the bonding company to complete the work. Burch recommended a resolution be approved authorizing the execution of the Agreement. 245.7 Director Marinoni, seconded by Lancaster, made a motion to approve the Agreement. 245.8 Director Bumpass said he would abstain from voting because of an attorney-client relationship with the subcontractor. 1 1 1 246.2 246 August 4, 1987 Upon roll call, the motion passed, 6-0-1, Bumpass abstaining. • RESOLUTION NO. 55-87 APPEARS ON PAGE 02302 OF ORDINANCE AND RESOLUTION BOOK X X J f 1 M SAFETY CIRCUS Public Safety Director Coates announced that a "safety circus" would take place at Show Biz Pizza, in participation with other agencies in Northwest Arkansas. He said the seat belt "Convincer" will be there. He said the event would take place on Friday, August 7, from 2:00 to 6:00 p.m. EVIDENTIARY HEARING 246.3 The City Attorney announced the EPA evidentiary hearing would take place on August 18 at 9:00 a.m. at the Courts'Building on the second floor Circuit Courtroom. ADVERTISING & PROMOTION 246.4 Director<Hess reported the Advertising and Promotion Commission met today and discussed the creation of an advertising package for the Airport. Hess said, 'instead of a cooperative venture with the airlines, Blackwood and Martin will propose a long term marketingpackage which will come before the Board for approval. INCINERATOR PROJECT, 246.5 Director Bumpass said that: a recent memorandum from Incinerator Project Coordinator Louis Watts states that "...M -K Ferguson continues to perform non -site -related work on the facility...". Bumpass asked if the Board was aware it was making payments to M- K Ferguson. Bumpass said he thought that had ,been stopped. Director Hess said he thought the agreement was that there would not be any "site specific" work but -there could be general work. Director Bumpass said he would like to know how much money was being spent on a regular basis. ARTS CENTER PROJECT 246.6 Director Lancaster asked Frank Sharp (Chairman of the City/U of A Arts Center Council), who was present in the audience, if he had business to bring before the Board. Sharp asked if the Board had any questions in reference to the letter that was sent to them from the Arts Center architect, John Mott. The Mayor said all of the Board did not receive the letter until it was handed out at this meeting. Lb—, ii 24'7 August 4, 1987 247.1 Sharp said the Dickson Street Central Business Improvement District at their first meeting said they would furnish 500 parking places convenient to the Center, and would improve the area around the Center. Sharp said Mott has pointed out that plans for a path from a parking lot north of Dickson to the Center should be coordinated with the entrance to the Center, and that there should be design standards adjacent to the Center. Sharp said there has been discussion about how the parking lots should look, and possibly expanding the plan for the Center property to include the area around the Center. Sharp said this idea would have merit if it was a plan which evolved from everyone involved with the project. Sharp said Mott has proposed such a plan could be devised in about a week by planners which would be brought in by the architect, at a cost of about $10,000. Sharp said no decision has been made concerning who would pay this expense but he mentioned the project was eligible to receive an Arts Council grant. 247.2 Rick Mayes, speaking for the District, said he talked with the architect who told him it was important that the architect and planner work with the District because the entrances and exits to the parking lots are extremely important as they relate to the building. 247.3 Director Lancaster asked if the District was committed to enforcing its plan if one or two people in the territory object to the plan. Mayes said he thought if the Commissioners of the District voted to adopt a plan it would carry it out. Lancaster asked if the Arts Center Council and the District were able to agree to carry out its plans even if a tenant in the area doesn't agree with what's being done. 247.4 The City Attorney said the question was - at what point is it legally safe for the City to conclude that the parking spaces as proposed by the Improvement District will in fact be built. He said the answer is - when the time for challenging the assessments expires. He said once the assessments are levied there is a ten-day challenge period within which a property owner can appeal to the City Board for relief from the assessment as proposed, and a thirty day challenge period after the City Board decision, within which a property owner can appeal to Chancery Court and litigate the assessment. 247.5 Lancaster said he was afraid if the parking lots are behind buildings on Dickson Street the Arts Center Council will feel they aren't accessible. 247.6 The City Attorney said the Commissioners were required by statute to file with the City the plans for their proposed improvements along with cost estimates. 1 u August 4, 1987 Director Hess said he thought the fact that representatives of 248.1 both the. Arts Center Council and the District were meeting together with the architectwas a step in the right direction, and he assumed a plan would be developed which will be totally supported by all groups involved. • The Mayor pointed out the District has in good faith indicated a 248.2 walkway would be built from the parking lot north of Dickson Street. Lancaster said he hadn't heard that this was acceptable to the Arts Center Council. The Mayor said the District did not have the ability to impose a design constraint. Lancaster said he was asking if the final parking design would be acceptable to all parties involved. Sharp said Mott stated "...from the Arts Center point of view, 248.3 the formation of the improvement district is an important first step, that equally important is the district decision to use their authority to effect change the usual way to define their authority is through the development of, minimum design standards... the Arts Center Council has a legitimate reason to be concerned, or at least curious, about the plans for improvement of the areas directly adjacent to the Arts -Center site". City Attorney McCord said the powers of the District are 248.4 specified by statute. He said in reviewing that statute he did not see any delegated authority to promulgate and enforce'design standards for privately owned business. McCord said, at Director Bumpass' request, he is trying to assimilate some model documents which have been used in other similar districts. , Mayes said the Commissioners felt that, after forming the 248.5 district, promising to provide the parking, and submitting maps showing the location of the property, it was time to begin buying, land. Director Martin said he thought Mott's proposal had merit. 248.6 Martin asked if the City staff was capable of doing some of the planning, thus cutting down on expenses to pay a planner. Sharp said he did not think so, and added that Mott recommends the use of itsown landscape architectural firm. Director Bumpass pointed out that a great deal of City staff work 248.7 was'involved in the preliminary stages of the project, relating to the District's work on proposing parking lot sites. Sharp said he was present to hear the City Board's response to 248.8 Mott's letter (which Sharp said was a comment on the District's recent resolution sent' to the City Board). Sharp said his concern is that the plan for the area around the center be a plan '-1. August 4, 1987 249.1 agreed upon by the Arts Center Council, the City, the University, and the District. 249.2 The Mayor said she thought the City Board needed to come up with opportunities and constraints which the District and the Arts Center will be facing. She said she would like to see the land bought by the City to give the District some impetus. 249.3 The City Attorney advised that the District should file its plans and cost estimates with the City, the City Board should appoint three assessors who should file their assessment of benefits and, after the appeal time runs, the City Board should begin acquiring property for the Arts Center. He said design and planning can take place at that point. 249.4 Hess said he was concerned that the plans may show the location the district wants but may not show the location most suited for the site. 249.5 Hess made a motion to (provided grant money can be found to do the funding) approve the bodies meeting and mutually selecting the sites they all think are the best sites, at which point in time the Improvement District makes its assessment based on input from the planner and all the parties involved. There was no second to the motion. 249.6 In answer to a question from Director Martin, the City Attorney said bids were not necessary if the contract was between the District and a planner and if no public funds are being provided the District. It was clarified that the contract would be between the City/University and the architect/planner. 249.7 The Mayor asked if an ordinance waiving competitive bids could be put on the next agenda. 249.8 Sharp said the Board had already approved the contract with the architect and it was presently in the legal department of the University. 249.9 Director Hess asked if the Arts Center Council could not use grant funds for a planner, without approval of the City Board. The City Attorney said the request appears to be an increase in the architect's fee in order to bring in a planner. 249.10 Director Sharp said he would meet with the City Attorney to review the Arts Council grant. 1 1 • • August 4, 1987 250 MINUTES The minutes of July 20 and July 21 meeting were approved as 250.1 distributed. 'ADJOURNMENT • The meeting adjourned at 10:10 p.m. • • 250.2