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HomeMy WebLinkAbout1987-10-20 Minutes1 MINUTES OF A MEETING OF THE BOARD OF DIRECTORS A regularmeeting of the Fayetteville City Board of Directors was held on Tuesday, October 20, 1987 at 7:30 p.m. in the Directors' Room of the Fayetteville City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Johnson, Directors Bumpass, Lancaster, Martin, Kelley, Marinoni and Hess; City Manager Pennington, City Attorney McCord, City Clerk McWethy, Department Directors Burch, Coates and Linebaugh; members of the press and audience. ROLL CALL The meeting was called to order The Mayor asked for a moment of arrived shortly after the roll was by the Mayor, with six Directors present. respectful silence. Director Marinoni called. CITY MANAGER'S MONTHLY REPORT City Manager Pennington presented the Report to the Public and Board for the month of September. [Because of its length, the report is not included in these minutes but is on file in the City Clerk's Office.] The presentation encompassed a financial report, a report on major projects, and reports from each of the three departments. Pennington noted that the Arts Center Council had hired Bill Mitchell as Executive Director for the Walton Arts Center. In reference to public forums for the Five Year Plan, Pennington reported nomination letters had been sent out to nominees chosen by the City Board to serve on committees, and that there has been a-40% response, with no one turning down a nomination yet. Pennington said'it was hoped to begin public meetings at the end of October. He reported that negotiations with Warner Cable on a franchise continue, with the last meeting being on September 9, and another meeting scheduled for October 26. Pennington said he hoped negotiations would be completed before the first of the year. 338.1 338.2 338.3 338.4 338.5 Reporting on the Wastewater Treatment Plant project, Pennington told the 338.6 Board that all three construction contracts have been replaced, and the company which will finish up the project should be ready to begin work very quickly. He reported the sludge management project is going along well and the collection system is roughly 94% complete. • 3 n . 1 October 20, 1987 339.1 Pennington reported the site for the Solid Waste incinerator facility has been proposed to now be located on City property adjacent to the Wastewater Treatment Plant. He said proposals have been submitted by accounting firms to review the entire project and the Resource Recovery Authority will meet next week to select a firm. 339.2 Director Martin said the City Manager's reference to the new contractor's slow start on the Wastewater Treatment Plant concerned him. Pennington said he had talked with the project engineer, CH2M Hill, on this matter. He explained a series of exchanges of legal documents prevented the company, Hubert, Hunt and Nichols, from moving onto the site. He said the bonding company was demanding certain amounts of insurance which now has been resolved. He assured the Board the contractor was now moving equipment on site. Pennington said some work will have to be re -done. Martin said one problem in the past was the receipt of feedback along the way. He said the feedback was complete and accurate but was difficult to comprehend in terms of its consequences. He said a couple of months ago he objected to the real failure of some cogent reporting mechanism to the Board. Martin said it wouldn't hurt to have some kind of a timeline scheduling system to tell the Board whether or not it is facing cataclysm at the end of the next year, at which time the City would begin to lose its grant. 339.3 Pennington said a timeline program, or a milestone chart, should be no problem to design, since the engineers have already designed a critical path. 339.4 Martin asked if the project was seriously behind. Pennington said, from information he has received, the project was not seriously behind and it still looks like the EPA deadline will be met. 339.5 Mayor Johnson said at one time the Board received a copy of a DPC&E monthly report from Ted Ivy and she asked if the Board could have that included in the agenda. 339.6 Director Bumpass asked if there was a realistic date for completion of the project. Pennington said there will be serious problems if completion is past July of 1988. He said he has been tentatively told completion can take place by June of 1988. 339.7 Bill Mitchell, new Executive Director of the Arts Center, introduced himself to the Board. Mitchell said he had been here one week, was from Nashville, Tennessee, where he had been employed by the Tennessee Performing Arts Center. He said prior to that he was with the Association for College, University and Community Arts Administrators in Madison, Wisconsin, an international professional association. 1 1 1 'ncis;s1triP . CD PUBLIC HEARING t ., ,....a •3»rr t: October 20, 1987 n 10 The Mayor opened a public hearing for the preliminary 1988 Community 340.1 Development Block Grant. She said the Board would receive input from anyone requesting funding for a project which would deal with low and moderate income areas. The Mayor explained that items requested would be reviewed by the Board between now and the next meeting, at which time the budget would be approved. Sylvia Swartz thanked the Board, on behalf of the Sang Street Senior Center, for the funds they received in 1987 to improve their facility. She said they appreciated Steve Neal (the City's Housing Rehabilitation Coordinator) for his supervision of the addition to the Center and his willingness to cooperate. Swartz reported on.the services provided by the Center. 340.2 Bruce Davis spoke on ..behalf of the Economic Opportunity Agency's 340.3 Weatherization Program He requested $3,500. Davis explained the program was funded by the U. S. Department of Energy through the State Office of Community Services. He said another funding source was a Title XX grant by the Area Agency on Aging which required local match. He said that grant was in the amount of $38,000 and the program was required to come up with 25% local match, making the $3500 request crucial. to the program Davis reported on the services provided by the program Bill Waite, Chairman of the Parks and Recreation Advisory Board, spoke on 340.4 behalf of Parks and Recreation project requests. Waite said the Jefferson Park playground equipment receives intense use because in addition to the school year use, the Parks Department conducts a summer playground program at Jefferson for 80-100 children, and it is one of four sites for the Latchkey Program Waite said there was a loss of playground equipment at Jefferson when there was construction for the school. He said Walker Park playground equipment would be additional and replacement equipment, that they would also enclose a play area for toddlers, and would install a' handicap drinking fountain to make some of the park more accessible to the handicapped. Waite said the requests were listed in order of priority. Waite said larger equipment is requested for Walker Park's pavilion area, while equipment for smaller children is requested for Jefferson. Bumpass asked Waite if the Parks Board had approached the City P.T.A. for a matching grant for the benefit of Jefferson School. Waite said in the past matched funds have been received for various P.T.O.'s but they had not approached a city-wide organization. Bumpass said some civic clubs could also be considered. Waite said his group had been in contact with a number of those clubs Shirley Hamblin told the Board she was Confederate Cemetery. She requested funding cemetery. She said bids had been received She said the gazebo was almost 100 years old of it could be saved. Lancaster said there the structure. working with the S.M.A. on the to restore the gazebo at the ranging from $4,000 to $6,000. and she didn't think hardly any has been some vandalism done to 340.5 " 41,2 October 20, 1987 341.1 Bruce Culley of the Economic Opportunity Agency spoke on behalf of the Southwest Fayetteville Community Action Committee (SEFCAC). He explained that when St. James Baptist Church built a new facility, they were to tear down the old church in order to provide parking. He said, since that time, a home next to the church was destroyed by fire and is now planned to be used for church parking. Culley said because of this change, the old building will not have to be torn down. He said that SEFCAC has been operating a health center for six months which provides free health care out of the basement of the St. James Methodist Church which they must share with the Sunday School. He said SEFCAC is attempting to get a $30,000 grant to hire a health professional. Culley said the health center would like to have a larger building to provide other services such as prenatal care, family planning, AIDS awareness, well baby classes, and young mother encounter groups. He said the health center would like to use the old St. James church building and requests funding to rehab the building. He said the church Board has agreed in principle to turn control of the building over to SEFCAC. He said the organization was eligible to receive CDBG funds for neighborhood revitalization and economic development. Culley said repairs which have been identified as necessary include roof repair, ceiling repair, new windows, new heat and air system, new electrical system, general plumbing repair, new water heater, interior stair repair and a railing for the entrance. Culley reported estimated costs to be $17,500. He said the building was functioning in its current condition but it would have to be brought up to Code in order to receive CD funds. 341.2 The Mayor commented that the health center operates once a week with a volunteer doctor and all -volunteer staff and supplies. Culley said an average of 15 people per week are served. 341.3 In answer to a question from Director Hess, CD Director Sandra Carlisle told the Board the items listed were not in priority order, but that the Board would be asked to set priorities before the next agenda meeting. Hess asked if the cost estimates provided in the agenda were accurate, or if further estimates would be necessary. Carlisle said the estimates were approximate. 341.4 Director Bumpass asked if cost estimates could be prepared for Barton Street and Walker Street which he thought were located in qualified areas. 341.5 Director Lancaster asked if Spruce Street, which was cut from a prior list, could be included. Carlisle said it would be a very expensive project but said she would provide an estimate. 341.6 The public hearing was closed, for a final decision to be made at the next meeting. ACT 9 BONDS 341.7 The Mayor opened a public hearing on the question of the adoption of an ordinance authorizing the issuance of $5,500,000 in Act 9 Industrial e October 20, 1987 0 1 ) Development Revenue Bonds for financing _expansion, acquisition and 342.1 installation of equipment for Elkhart Products Corporation, located on Highway 71 South. The Mayor explained the Board, in 1986, had previously approved a Memorandum of Intent, and in July increased the size of the issue. Tom Merchant, the Plant Engineer for Elkhart Products Corporation addressed the Board He read from material which he distributed to the Directors: Elkhart Products Corporation, a subsidiary of the Amcast Industrial Corporation, has been a part of the Fayetteville community since 1962. The plant produces in excess of 10 million' pounds a year of copper fittings in the common sizes and configurations found in homes and in industrial and commercial applications. In 1985 a plan was conceived to expand the scope of the Fayetteville operations to include a tube mill to produce some of the copper tubing and wire used to make our fittings. It was recognized that about $2 million per year in conversion costs could be saved as a result of this project. In March of 1986 a vertical casting system was ordered ... In September of 1986 ground was broken for a 21,000 square foot addition to the Fayetteville facility to house the casting equipment. Additional equipment for the processing of the copper tube and wire produced by the mill was purchased and installed in the new building. In August of 1987 the first trials were run with the casting equipment and the system became operational in September of this year. The total value of this project is approaching $5.5 million. The total number of new employees hired to date as a result of the tube mill expansion is 18. This figure could reach as many as 30 when full production of the mill is achieved. This project is further evidence of the commitment Elkhart Products and Amcast have made to the City of Fayetteville and its people. Fayetteville was selected as the site for this project for a number of reasons, including a very productive work force, favorable utility rates and a cooperative local government. Elkhart Products and Amcast wish to thank everyone that has helped make this project a success, especially the contractors, the utility companies and the City of Fayetteville. Approval of this industrial revenue bond will allow EPC and Amcast to acquire financing for this project at a rate 2 to 3 percentage points below the rate currently being paid. Since July of 1983, Elkhart Products Corporation has been a subsidiary of Amcast Industrial Corporation of Dayton, Ohio. Amcast is a metals -oriented company utilizing unique manufacturing processes...Products and a variety of metals are sold to original equipment manufacturers and end- users directly through distributor organizations. 342.2 342.3 In answer to a question from Director Martin, the City Attorney said that 342.4 under federal tax laws, the municipal governing body must take official action to indicate its willingness to issue tax-exempt industrial development revenue bonds before the company can make expenditures and recoup those out of bond proceeds. McCord said that was the purpose of the Memorandum of Intent. McCord said all bond documents were in order and 41 ,,:3 October 20, 1987 343.1 there will be a bank letter of credit to guarantee payment of the bonds. He said they were special obligation bonds secured solely by project revenues and are not an obligation of the City of Fayetteville. He said in the unlikely event of default there would be absolutely no obligation on the City of Fayetteville. 343.2 The Mayor asked if anyone present wished to speak against the issuance of the bonds. There being no public opposition, the Mayor closed the public hearing and the City Attorney read the ordinance for the first time. 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. Director Bumpass, 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. Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3299 APPEARS ON PAGE 23 O OF ORDINANCE AND RESOLUTION BOOK XX I V 343.3 The City Attorney said that federal tax laws will require that a second public hearing be held at the November 3 Board meeting. He said a 14 day notice requirement is mandated and the company could not have that notice published in time to hold the hearing tonight. He said they wanted the ordinance passed tonight so that the 31 day referendum period could be running and they can close the bond issue in mid-November. ALLEY VACATION 343.4 The Mayor introduced a request for an ordinance vacating and abandoning a portion of an east -west alley located between Williams Drive and the unimproved Sequoyah Drive right-of-way, left on first reading at the October 6 meeting. 343.5 Director Marinoni, seconded by Hess, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 7-0. 343.6 The City Attorney explained the property owner had offered to execute a Bill of Assurance which would preclude construction of a structure on the front lot in question, and has offered to execute an access easement to abutting property owners. He pointed out the ordinance did not contain an emergency clause and would not become effective until 31 days from the date of publication, so that there would be a time period during which those commitments can be fulfilled. He noted that, if the commitments were not met during that time, the Board could repeal the ordinance. 343.7 The ordinance was read for the second time. Director Marinoni, seconded by Hess, made a motion to further suspend the rules and place the ordinance on 1 1 wkittilf e;k • October 20, 1987 its third and final reading. Upon roll call, the ordinance passed, 7-0. The ordinance was read for the third time. Director Bumpass asked if circumstances had changed since the last meeting. He asked if adjoining property owners- were still in opposition to the vacation. David Randle reiterated his objections, stating he felt the development would be more suited if and when Loraine were to be developed. F - Director Hess asked the City Attorney if House would submit the Bill of Assurance and Easement to the City Attorney. The City Attorney said his office would probably prepare the documents. Director Bumpass said he would vote against the ordinance because the plats have been on file for a long time. He commented that adjoining owner Fred Hunt was a former City Board member and that just because the property hasn't been developed doesn't mean "we should change its face." Bumpass said House was asking for extraordinary relief. He added that he didn't feel bad voting against the ordinance because Fred Hunt had said he would buy the lot from Greg House. Director Lancaster said that over many years the City has closed many alleys and streets but never could he remember one being closed when there were objections from adjoining property owners. V'2 at 344.1 344.2 344.3 344.4 344.5 344.6 Director Marinoni said he would vote in favor of the ordinance because he 344.7 didn't see how adjoining property owners would be affected whatsoever, with the exception that House was building a home on property that the adjoining owners would like to see stay in its natural state. He said he thought the property owner had the right to build on the lot, and didn't see how it would affect the others in light of the access easement being provided to them. Director Hess said House's original proposal was to build a street which the City did not want. He said he thought House made a good faith effort to make some off site improvements. He said this request should have been taken care of before any construction began on the lot. He said his vote in no way intends to set a precedent for approving of construction prior to taking care of all considerations. Director Bumpass asked what direction the house would face on the lot. Greg House said it would be on the south part of Lot 6, with access being from Skyline. Bumpass said if other houses are built on Loraine, they would all face Loraine except for this home. House said although the front door would face Skyline, the house would be set at an angle on the lot and was designed in such a way that one could not really tell• which was the front and which was the back of the house, aside from the location of a garage door. House said in that neighborhood there 344.8 344.9 344.10 al R r •i 0 October 20, 1987 345.1 could be any number of alternative designs for houses. He added that Fred Hunt does not even intend to develop the rest of Loraine. 345.2 Director Martin said that, since the utility company of which he is an officer has requested an easement be retained, he would have to abstain from voting. 345.3 Upon roll call, the ordinance failed, 3-3-1, Directors Kelley, Marinoni and Hess voting in favor, Directors Bumpass, Johnson and Lancaster voting against the motion, and Director Martin abstaining. REZONING 345.4 The Mayor introduced an ordinance rezoning 13 acres located east of Highway 265 and 450' south of Mud Creek bridge, from A-1 "Agricultural" and R-1 "Low Density Residential" to R-1.5 "Moderate Density Residential." She explained the Planning Commission recommended approval, 8-0, and the rezoning was recommended by the Planning Consultant. 345.5 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. 345.6 The Mayor asked if anyone present wished to speak in opposition to the ordinance. 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. 345.7 Director Hess asked if, when Highway 265 was constructed, there were any limitations on the number of access roads from the highway. Jim Lindsey, speaking on behalf of the petitioners, Coy Kaylor and Tom Coker, sa_d no limitations were set except for standard spacing between driveways. 345.8 Hess asked if the plan was to build a variety of duplexes. Lindsey said the owners visited with Planning Consultant Larry Wood and he thought the rezoning was compatible. Lindsey said the owners wish to develop or sell the property. 345.9 Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3300 BOOK XX I v APPEARS ON PAGE 234 OF ORDINANCE AND RESOLUTION 1 REZONING let October 20, 1987 The. Mayor introduced an ordinance rezoning 18.7 acres located west of Highway 265 at the Mud Creek bridge, from R-1 "Low Density Residential" to R-2 "Medium Density Residential." ni 346.1 The Mayor reported the Planning Commission recommended approval, as well as 346.2 the Planning Consultant. 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 ordinance. 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. Director Bumpass said he hoped there were going to be some limitations on access to Highway 265, even if they were self-imposed by the developer. He said he thought it would be best for future development. Lindsey said he thought it would be poor planning to try to back up or front on the highway, or to build parking lots off the road. Director Marinoni said he would hate to see apartments in that location, commenting that it was such a beautiful neighborhood. He said he thought R- 1.5 was adequate and asked if the Board could modify the request to R-1.5 rather than R-2. Lindsey said an apartment complex was not planned, but the owners are looking for the most economic advantage. He said Planning Consultant Larry Wood thought R-2 was a legitimate use of the land, based on the fact that it was contained between the two creeks. Director Martin said this was a heavily travelled State highway and good planning would dictate there be some kind of buffer between the highway and single family residential development. Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. '3301 APPEARS ON PAGE 232 OF ORDINANCE AND RESOLUTION BOOK )(X I V CHILDREN'S HOUSE DRAINAGE The Mayor introduced a request for funding for drainage work to be done on the site of Children's House, located on City property at 2190 Cato Springs road; and approval of a budget adjustment. • 4 346.3 346.4 346.5 346.6 346.7 346.8 October 20, 1987 347.1 The Mayor reported that Washington County has agreed to contribute $3,000 towards the drainage work, and this is a request for the City to contribute the same amount. She said a budget adjustment would be necessary from the Library Building Cost account. 347.2 Director Hess, seconded by Bumpass, moved approval of the request. 347.3 Nancy Ward, speaking for Children's House, told the Board that Al Einert, architect from the University of Arkansas, has assured her that if the work proposed to be done is completed, it will take care of the drainage problem. 347.4 Director Marinoni asked how bad the drainage problem was. Ward said the water stands in the yard, making the entire playground inaccessible to the children, which makes them out of compliance with State day care regulations. 347.5 Director Martin asked why this problem had not been anticipated during the time of the original construction. Ward said, although she was not working for Children's House when the building was constructed, the drainage problem has eyisted since they first moved in during a dry summer. 347.6 Upon roll call, the motion passed, 7-0. SUBDIVISION AMENDMENT 347.7 The Mayor introduced a proposed amendment to the City's Subdivision Regulations which would change the requirements for public notification and approval of large scale development plans. 347.8 The Mayor explained the amendment would require (1) that all large scale development plans be approved by the Planning Commission before a building permit may be issued; (2) that proof of notice be filed at least seven days prior to the Subdivision Committee meeting; (3) the notice specify the date of both the Subdivision Committee and Planning Commission; and (4) that an appeal may be heard by the Board of Directors only if a majority of the Board votes to hear the appeal. 347.9 The City Attorney commented that this ordinance was requested by the Board. He read the ordinance for the first time. 347.10 Director Bumpass asked if the ordinance would assure the opportunity for public comment at the Planning Commission level. McCord said the ordinance would require notice be given before the Subdivision Committee meeting and set out the dates of both the Subdivision Committee and Planning Commission meetings, so any person who wants to be heard can appear at one or both of those meetings. McCord said he thought the ordinance did insure public comment. He added that the Planning Commission currently allows anyone to be heard who has an objection to a development plan. He said the ordinance does not require a "public hearing." 1 jj ii .a. • October 20, 1987 • Bumpass made a motion for the wording "to allow public comment" to be inserted in the ordinance. The City Attorney suggested inserting in Section 1 of the ordinance, after "Planning Commission", the phrase "after having afforded the opportunity for public comment." Bumpass agreed with the suggestion. Director Kelley seconded the motion and, upon roll call, the motion passed, 6-1, Johnson voting in the minority. Director Bumpass stated he- never has been' pleased with the flow of information between the Planning Commission and the Board of Directors, partly because of the meeting schedule which exists. He said there should be a mechanism to get the Planning Commission's decisions before the Board in time to allow the Board to vote on whether to hear an appeal. The City Attorney said that issue was discussed at a Board agenda session and the consensus was to leave the appeal time period at 10 days. He suggested Planning Commission minutes could be forwarded directly to the Directors rather than included as informational items in their agendas. He said the Planning Director had advised him that it takes no more than three days to prepare minutes after the date of a Planning Commission meeting. Director Martin commented that if the 10 -day time period for filing of an appeal is extended very much, during a month where there are three weeks between Board meetings, a major development could be delayed for five or six weeks before an appeal is even heard. He said he thought the 10 -day period was ample. Bumpass said he was concerned that the Board know what is going on if there is going to be an appeal. He said he thought there should be something in the ordinance showing how the information is going to flow. Bumpass asked if developers could file an appeal of a Planning Commission decision to deny a development. McCord said that has always been permitted. Director Hess said he has harped many times on the need for a City planner and said the Board would have access to communication immediately through a staff member being at the Planning Commission meeting. Hess asked if the wording in the ordinance "filing written notice of appeal" means "you can say you intend to appeal." The City Attorney said that it did not, as the ordinance states the notice has to specify the reasons the appellant contends the decision was in error. Director Bumpass said he thought it would be easier if the Board decided at its agenda meeting that, if there is concern by four or more Directors, an appeal could be placed on the agenda. Director Martin said he thought it should not be a matter of whether four Directors are "concerned" or whether there is a "controversy" but should be a question of whether there is a specific basis of appeal. Director.Bumpass asked why he should have to find out .accidentally or by reading the paper what decision has been made by the Planning Commission. MP I 348.1 348.2 348.3 348.4 348.5 348.6 348.7 348.8 n t ti October 20, 1987 349.1 The City Attorney reminded Bumpass that Planning Commission minutes are prepared within three days of the Planning Commission meeting and can be mailed or hand -delivered to the Directors well within the ten-day appeal period. He stated the ordinance sets out the criteria under which a development plan can be disapproved. He said if a plan meets all the criteria, the Board can't disapprove it just because it "doesn't like the looks of it." McCord said that would be a denial of due process. 349.2 The Mayor suggested the appeal time be kept at ten days and, if that doesn't work out, the ordinance could be amended later. Bumpass said that was fine if the staff can give the Board a procedure they will follow. McCord said Plat Review minutes and any other backup material that is available can be sent to the Directors along with the Planning Commission minutes. 349.3 Director Bumpass, seconded by Marinoni, 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 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. Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3302 APPEARS ON PAGE ,2Y ° OF ORDINANCE AND RESOLUTION BOOK XX/ ANIMAL CONTROL 349.4 The Mayor introduced a proposed amendment to the Fayetteville Animal Control ordinance which would enable the City to more effectively deal with vicious animals. The Mayor explained the definition of a vicious animal, in the proposed ordinance, was: "Any animal which, when unprovoked, approaches in a manner of apparent attack any person on the streets, sidewalks, or any other public ground or place; or any animal with a known propensity, tendency or disposition to attach without provocation human beings or domestic animals; or any animal which, without provocation, bites or attacks a human being or domestic animal on public or private property; or any animal owned or harbored primarily or in part for the purpose of animal fighting or any animal trained for animal fighting." 349.5 349.6 The City Attorney read the ordinance for the first time. Director Bumpass asked for the position of the Humane Society on this ordinance. The Animal Shelter Director responded, stating she had spoken to Humane Society officers who had read and fully support the ordinance. Public Safety Director Coates stated the suaff has kept the Humane Society informed every step of the way in the creation of the ordinance. 349.7 Director Marinoni took exception to the wording "apparent attack", commenting that this could mean barking or snarling or threatening to attack 1 1 • is di 3• 0 October 20, 1987 when an animal is not really attacking. He objected to the wording "any animal which without provocation bites or attacks a human being or domestic animal", commenting that this could mean a dog which got in a dog fight with another dog and could include the use of stock dogs on cattle. Marinoni referred to the wording "an animal control officer shall be authorized to enter..upon the private property for the purpose of impounding an animal found running at large." He said he thought that should be restricted only to vicious animals, commenting that the officer should not have the right to come on to private property and take a dog off the porch. He noted the ordinance stated "vicious animals shall be securely muzzled and restrained with a chain having a minimum tensile strength of 300 pounds and not to exceed three feet in length." Marinoni said he thought that was inhumane and unreasonable.. He also objected to the provisions of the ordinance not applying, to animals owned by law enforcement agencies and used for law enforcement purposes. Marinoni suggested vicious animals be photographed for future identification, be required to wear a red or blaze orange collar to notify the public, with a separate city registry, and be required to be covered by liability insurance. Johnson commented that the problem with the collar being required is that it wouldn't prevent an attack. Martin pointed out that liability insurance won't rectify a situation where a child has already been mauled by a vicious animal. Hess said he thought the collar was a good idea in addition to, but not in place of, the other requirements in the ordinance. The City Attorney said the reason the provision for entering upon private property refers to dogs running at large as well as vicious dogs is because there is a problem in impounding dogs found running at large in violation of the ordinance, when they return to the premises of the owner. He said, under criminal law, a police officer in hot pursuit can enter upon private property to make an apprehension. He said an officer would not have the right to go and pick a dog off the porch who had not been running at large. He told the Board the ordinance before them was patterned off a Rhode Island statute which has been classified as one of the best examples of this type of legislation. McCord said the definitions by necessity must be somewhat general, and each particular case will have to be determined by the court, based upon the evidence. 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, 5-2, Directors Bumpass and Marinoni voting in the minority. During the roll call, Director Lancaster asked Director Marinoni if there were any amendments he would propose to the ordinance. Marinoni said he simply thought the Board should look into the ordinance a little further. The ordinance was read for the second time. The City Attorney said there was a current problem in the City with vicious dogs. He said a lot of time, effort and research had gone into the ordinance. He recommended the ordinance be passed as presented and, if it • • 350.1 350.2 350.3 350.4 350.5 nrf October 20, 1987 351.1 needs to be amended at a later date, the Board would have the authority to amend it. Marinoni suggested amending the ordinance to require a red collar. 351.2 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, 5-2, Directors Bumpass and Marinoni voting in the minority. 351.3 Director Martin said he thought stock dogs should fall into the same category as police dogs because a certain kind of behavior is expected of them. 351.4 Director Bumpass said he voted against moving the ordinance along because "apparent attack" should be defined or the wording "apparent" should be struck. Bumpass spoke in favor of requiring a blaze orange collar in addition to the chain. He agreed with the requirement for liability insurance, commenting that it would be useful towards any medical care that might be required in the event of an injury. The City Attorney suggested research needed to be done to confirm whether such insurance is even available. 351.5 Director Bumpass, seconded by Marinoni, moved to amend the ordinance to add, in Section 4 after "exceeding three feet in length", "shall be collared with a blaze orange collar." Upon roll call, the amendment passed, 7-0. 351.6 A citizen in the audience told the Board that the color in a fluorescent orange collar will break down under sunlight and will not be fluorescent for very long. He said a red colored collar would last longer. 351.7 A citizen in the audience said she and others had petitioned the City 3oard regarding a problem with vicious dogs in the Wilson Park area. She asked if striking the word "apparent" attack meant that a dog would have to bite someone to be considered vicious. The City Attorney explained that the amended ordinance would define a vicious dog as one which "...approaches in a manner of attack..." 351.8 The ordinance was read for the third time. Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3303 APPEARS ON PAGE .aYaZ OF ORDINANCE AND RESOLUTION BOOK XX/ 351.9 The meeting was recessed at about 10:07 p.m. and reconvened at about 10:20 p.m. 1 ENGINEERING SERVICES i October 20, 1987 The Mayor introduced a request from Milholland Company for payment for additional services performed in connection with the Township Street extension, totaling $7,751.87. 0 r r V . V <„ 352.1 The City Attorney said former City Manager Don Grimes has confirmed that he 352.2 authorized the services in question. It was moved by Bumpass, and seconded by Marinoni, to approve the request. 352.3 Upon roll call, the motion passed, 7-0. Director Kelley asked if it would have been customary for authorization such as this to have come before the Board. The City Attorney stated that at one time there was a policy that cost overruns should have Board approval (anything over a not -to -exceed amount in a contract). Director Hess said that these things keep cropping up so often and he hoped the staff would set a procedure in place whereby change orders are signed by both the City and the parties involved, documenting the requested amount and the approval of both sides. Director Martin remarked that in this case Milholland did go to extra lengths to document the approval. He said he thought this was a breakdown on the City's part. CONDEMNATION ' The Mayor introduced a resolution authorizing the initiation of condemnation proceedings against 1.16 acre of land located the northwest corner of Spring Street and School Avenue, for the acquisition of property to be used for the construction of the Walton Arts Center. It was moved by Director Lancaster, and seconded by Director Hess, to approve the resolution. Upon roll call, the motion passed, 6-0-1, Director Bumpass abstaining. ` RESOLUTION NO. 81-87 APPEARS ON PAGE Yo2 Y OF ORDINANCE AND RESOLUTION BOOK 70(V/I • TAX LEVY . The Mayor introduced an ordinance levying the real estate and personal property taxes within the city for the year 1987. She explained that was not a new tax but the annual.renewal of the current tax levy, with one change, that personal property millage has been recalculated from 4.8 to 4.6 mills. 352.4 352.5 352.6 352.7 352.8 352.9 •1 ,- r October 20, 1987 353.1 The City Attorney read the ordinance for the first time. Director Bumpass, seconded by Hess, 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 Hess, 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. 3304 BOOK X X ! V FARMERS MARKET APPEARS ON PAGE .?y4 OF ORDINANCE AND RESOLUTION 353.2 The Mayor introduced a resolution authorizing the Mayor and City Clerk to execute a new management contract with Rural Mountain Producers Exchange, Inc., for operation of the Downtown Farmers' Market. The Mayor explained the current contract was entered into in 1982 for a term of one year, and the only change is to add a provision for automatically extend the contract for additional one-year terms. 353.3 Director Hess, seconded by Lancaster, made a motion to approve the resolution. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 82-87 APPEARS ON PAGE Y426 OF ORDINANCE AND RESOLUTION BOOK X X V / I MAINTENANCE MANAGEMENT SYSTEM 353.4 The Mayor introduced an ordinance waiving the requirements of competitive bidding; and a resolution authorizing the Mayor and City Clerk to execute a contract with Burke and Associates, Inc., to implement a system of performance measurement standards for the City. The Mayor said the contract includes a not -to -exceed figure of $52,500. 353.5 The City Attorney read the ordinance for the first time. Director Martin, seconded by Marinoni, 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 Marinoni, 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. 353.6 Director Bumpass asked if the staff used the professional selection policy in evaluating the proposals. Linebaugh said the bid waiver is being requested because the project started before there was a court ruling. He said numerous engineering, management consulting, and CPA firms were contacted. He said 12 proposals were received and a selection committee 1 . t October 20, 1987 354 followed the professional selection policy in narrowing down their 354.1 selection. Linebaugh said interviews were not done. He .told Bumpass the firm selected was primarily an engineering management company which did work for Little Rock, and noted that City hadbeen pleased with their work. Linebaugh said proposal prices ranged from $40,000 - $250,000, with the majority in the $50-60,000 range. He said the staff has set a detailed time schedule, with ten months to complete the project. Linebaugh said the firm will train a person half-time on City staff to learn the system. Upon roll call,. the ordinance passed, 7-0. ORDINANCE NO. 3305 APPEARS ON PAGE 42511 OF ORDINANCE AND RESOLUTION BOOK )(kV CONTRACT MODIFICATION • 354.2 The Mayor introduced a resolution authorizing approval of a modification to 354.3 the City's contract for the sludge management system, to change the color of the roof from bronze to white. She said this would mean a credit of $4,341 to the contract amount, with the grant contingency being increased by that amount. Director Lancaster, seconded by Hess, made a motion to approve the ;354.4 resolution. Upon .roll call, the motion passed, 7-0. RESOLUTION NO. 83 -57 - APPEARS ON PAGE 4' 3/ OF ORDINANCE AND RESOLUTION BOOK XXV/I I" SIGNATORY AGENT The Mayor introduced a resolution designating the City Manager as an 354.5 authorized signatory agent of ; the City to execute documents necessary to expedite completion of all phases of improvements to -the City's wastewater treatment facilities. Director Lancaster, seconded by Bumpass, made a motion to approve'the 354.6 resolution. Upon roll call, the motion passed, 7-0. T---- ; RESOLUTION NO. 84-87 APPEARS ON PAGE 1(3Y OF ORDINANCE AND RESOLUTION BOOK 40/1 SNOW REMOVAL The Mayor introduced McClinton -Anchor for were no increases in she noted that funds a resolution authorizing -approval of a contract with 354.7 snow removal for the 1987-88 year. She explained there the hourly equipment rates from the 1986-87 year, and for this would be included in the 1988 budget. 355 October 20, 1987 355.1 Director Bumpass, seconded by Martin, made a motion to approve the resolution. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 85_87 APPEARS ON PAGE 731 OF ORDINANCE AND RESOLUTION BOOK XX lin ADVERTISING DISPLAY SPACE 355.2 The Mayor introduced a resolution authorizing the Mayor and City Clerk to execute a one-year lease agreement with Bentonville Inn for advertising display space at the Fayetteville Airport Terminal Building, at a monthly cost of $80. 355.3 Director Lancaster, seconded by Martin, made a motion to approve the resolution. Upon roll call, the motion passed, 7-0. RESOLD�yI�O��N� �N0. 86_87 APPEARS ON PAGE 1'3y BOOK (— BID AWARD OF ORDINANCE AND RESOLUTION 355.4 The Mayor introduced consideration of the award of bid for fire hose for the Fire Department. She reported the recommendation is to award the bid to the lowest of three bidders, Casco Industries, bidding $6,870. 355.5 Director Hess, seconded by Marinoni, moved the award to Casco Industries, bidding $6,870. Upon roll call, the motion passed, 7-0. BUDGET ADJUSTMENTS 355.6 The Mayor introduced approval of requests for budget adjustments from the Public Works Department: 355.7 For the Planning Division, $3,945; for the Sewer Maintenance and Construction Division, adjustments for the $2,500, and $10,000. $3,000; for the Street Division, $15,000; and three Transmission and Distribution Division - for $3,000, 355.8 Director Martin, seconded by Lancaster, moved approval of the adjustments. Martin pointed out all were within the budget adjustment policy and in each case there is an offset, meaning there is no increase in the budget. Upon roll call, the motion passed, 7-0. 1 'bI LIFT STATION REPAIR 4 October 20, 1987 The Mayor introduced a resolution authorizing approval of a change order to repair the wetwell interior at explained this would authorize a time extension of 60 days for the the Old Wire Road lift station. She lump sum payment of $21,894 and a contract work to be completed. Director Bumpass, seconded by Martin, made a motion to approve the resolution. • In answer to a question from Director Marinoni, Public Works Director Deryl Burch explained that, after a new lift station was completed and on line, the old lift station was bypassed and drained, at which time it was discovered the repairs were needed. Upon roll call,_the motion passed, 7-0. • RESOLUTION N0.87-87 APPEARS ON. PAGE. r•513 OF ORDINANCE AND RESOLUTION BOOK ?(X01/ l Director Bumpass asked how communications were with citizens who have been complaining about the smell in that area. City Manager Pennington said those he had talked to were aware that the City is taking further steps to try to correct the problem. BID WAIVER The Mayor introduced an bidding for the purchase of equipment for a Street and U. S. Highway 471. The Mayor reported equipment and labor is $11,405. She noted contributed $3,801.67 towards the project. 1 ordinance waiving -the requirements for competitive crosswalk signal at Center the estimated cost of the --- that a citizens' group has The City seconded ordinance Attorney read the ordinance for the first time. Director Bumpass, by Lancaster, made a motion to suspend the rules and place the on its second reading. Upon roll call, the motion passed, 7-0. read for the second time. Director Bumpass, seconded by motion to further suspend the rules and place the on its third and final reading. Upon roli'ca11, the motion The ordinance was read for the third time. The ordinance was Lancaster, made a ordinance passed, 7-0. In answer to a question from Director Marinoni, it was clarified that Washington County has refused to contribute any funds forcthis expense. In answer to a question from Director Hess, Public Works Director --Burch said additional funds would come from the Traffic Division budget. Upon roll call, the ordinance passed,•7-0.:. 3Jf) 356.1 356.2 356.3 356.4 356.5 356.6 356.7 356.8 356.9 357.1 357.2 357.3 357 October 20, 1987 ORDINANCE NO. 3306 APPEARS ON PAGE 2S3 OF ORDINANCE AND RESOLUTION BOOK XXI V OTHER BUSINESS EXIT SIGN AMENDMENT The Mayor introduced an ordinance to amend the City's Sign Ordinance as it applies to entrance and exit signs. The City Attorney explained the ordinance would permit entrance and exit signs to contain seat belt reminders, but would require that the reminders face the interior of the lot, unless the sign is displaying the City's official seat belt emblem. He said the purpose was to have uniformity along the highways and promote traffic safety. The City Attorney read the ordinance for the first time. Director Bumpass, seconded by Marinoni, made a motion to place the ordinance on its second reading. Upon roll call, the motion passed, 6-1, Director Martin voting in the minority. The City Attorney read the ordinance for the second time. Director Bumpass, seconded by Marinoni, 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 he did not mean to vote for the motion, and would not vote for the ordinance. He said he was strongly opposed to mandating the use of City signs, and prohibiting the use of any other signs which would encourage the use of seat belts. The City Attorney explained that other signs can be used but may not face the street. Martin said he thought that was heavy-handed. Public Safety Director Coates said the reason for the ordinance was because the Traffic Superintendent felt that signs which would be seen from the street should be standardized so motorists would not be distracted. Martin said he did not think that should be legislated. Johnson said she thought this would encourage people to put up any kind of sign that they wanted. She said the reason behind the ordinance was to allow signs other than the City sign. 357.4 Director Martin asked if a person would be arrested for putting up a sign with a seat belt reminder. Coates said he was sure that would not happen, but that the City Sign Inspector would talk to the person. 357.5 Upon roll call, the ordinance passed, 5-2, with Lancaster and Martin voting in the minority. ORDINANCE NO. 3307 APPEARS ON PAGE oZS y BOOK // OF ORDINANCE AND RESOLUTION 1 1 October 20, 1987 3r 8 MEMORANDUM OF INTENT adf The City Manager introduced a request to authorize a Memorandum of Intent for the issuance of industrial development revenue bonds for a company which wishes to locate in Fayetteville. Pennington said the company does not wish to go public at this time. He explained the proposed project would produce additional employment opportunities for residents of the City of Fayetteville, in that the first phase would employ 150-200 persons, and could possibly go to phase two, employing 400 employees. He said the Fayetteville Chamber of Commerce has received indications the company will place the bonds, when sold, and provide a bank guarantee for their payment. He said the proposed project will secure and develop industry rather than commercial development - that the company will manufacture a consumer product which will be shipped for distribution from the plant. He said the proposed project would provide economic stimulation far the economy of the area, as they are proposing to buy 28.5 acres in the Industrial Park. He said the construction of the plant and the addition to the work force would have an impact on the economy of the area. He said the end product produced locally will be distributed to firms outside of Fayetteville for ultimate retail sale. In answer to a question from Director Martin, Fayetteville Chamber President Dale Christy said at this point he was not in a position to reveal the name of the company. He said bond counsel has given him assurance that this is a common way for the initial commitment to be made, and that it is legal. The City Attorney said this has been done in other communities, where the company desires temporary anonymity. McCord said in this case the request is for a maximum of $10 million for a company which proposes to construct an industrial facility having 160,000 square feet on Lots 8 and 9 in the final plat of the Fayetteville Industrial Park West. McCord said bond counsel has approved this type of inducement resolution. Phyllis Rice, reporter for the Northwest Arkansas Times, commented that, although she was sure this was legal, she objected as a member of the press. In answer to a question from Director Martin, it was revealed that bond counsel for the company was the Friday Firm in Little Rock. City Manager Pennington said the name of the company would have to be made, available before bonds could ever be issued. Director Hess said, although he was anonymity, he was not reluctant enough Dale Christy said there were some competitive advantage in what they are decisions to be made, before the somewhat reluctant because of the to turn down the economic incentives.; mechanics involving the company's trying to do, and there are some tax company makes a public announcement. Christy said he was trying to move fairly rapidly on the project and, if the resolution is not passed tonight, it will delay the project unduly. He said the company would use their own money in their interim, and will not ask for a bond ordinance until after the building is completed. He said the mechanics of using bond financing require that the Memorandum of Intent be approved before any dollars are expended, and that dollar expenditure is imminent. • 358.1 358.2 358.3 358.4 358.5 358.6 358.7 4 , V'1 Ili October 20, 1987 359.1 Director Bumpass asked which group of the Chamber authorized him to make this presentation. Christy said the Chamber Board of Directors was in support of the project. He said the AIDC informs him many cities throughout the State have passed such resolutions without using the name of the company. 359.2 Director Hess, seconded by Kelley, made a motion to approve the resolution subject to the company fulfilling all the five points under which the City Hoard normally issues bonds, and all of the other points that address the project specific. 359.3 Christy said the location would be immediately west of Marshalltown Tools in the Industrial Park West. He said one of the company's main requirements was to be located on rail. 359.4 Upon roll call, the motion passed, 7-0. RESOLUUTION NO. 88-87 APPEARS ON PAGE y Y s OF ORDINANCE AND RESOLUTION BOOK X X VI / I PICKETING LITIGATION COSTS 359.5 The City Attorney, referring to the anti -picketing case, told the Board a agenda of the next meeting to provide by the court. McCord said attorney's amount to $300. court's award of attorney fees in the budget adjustment. would be on the for payment of fees and costs awarded fees amount to $10,950 and costs GLENDALE APARTMENTS SIGN 359.6 Director Lancaster said the City Board granted a variance for Glendale Apartments which was not legal. MINUTES ti 359.7 The minutes of the October 6, 1987 meeting were approved as distributed. ADJOURNMENT 359.8 The meeting was adjourned at 11:05 p.m. 1