HomeMy WebLinkAbout1988-03-09 MinutesJ.0
MINUTES OF A SPECIAL MEETING OF THE CITY BOARD OF DIRECTORS
A special meeting of the Fayetteville City Board of Directors was held on
Wednesday; March 9, 1988 at 8:30 a.m. in Room 326 of City Ha11,-113 West
Mountain Street, Fayetteville, Arkansas.
PRESENT: Mayor Johnson; .Directors Kelley, Marinoni, Hess, Bumpass and
Lancaster; City Manager Pennington, Assistant City Manager
Linebaugh, City Attorney McCord; City. Clerk McWethy; members
of the press and audience
ABSENT: Director Martin
The meeting began without roll calla Six Directors were present.
REZONING APPEAL
The Mayor introduced an appeal from a decision of the Planning Commission 118.1
regarding denial of a petition to rezone 1.4 acres south of Highway 45 East,
approximately half way between Viewpoint Drive and Greenview Drive, from R-1
"Low Density Residential" to C-1 "Neighborhood Commercial". The Mayor said
this had been considered at the last regular meeting and staff was to meet
with the owner.
City Attorney McCord said a Bill of Assurance was delivered by Steve Adams,
Attorney for the petitioner. He said the petitioner is proposing to rezone
the entire parcel and give a Bill of Assurance restricting that portion of
the property which is not the convenience store area and parking lot to uses
that are "uses by right" in the R-1 District. He said the Bill of Assurance
would be a covenant running with the land and would be binding upon all
future property owners. He said there was a legal description for both the
entire parcel and an area that would be a buffer zone. He said the Bill
provides that a buffer zone shall be limited to use "so long as all adjacent
properties are zoned R-1." McCord recommended -the modifying the wording to
instead state "shall be restricted unless rezoned by the Fayetteville Board
of Directors." Pennington said the intent was for a buffer zone to have "R-
1 use." McCord said this proposal would have the same effect as having the
front of the property rezoned C-1 and the back of the property zoned R-1.
118.2
The Mayor askedif anyone present wished to speak against the rezoning. It 118.3
was reported that Louise Kraemer who spoke in opposition at the last Board
meeting had been notified in writing of this meeting, but correspondence
sent to her was returned by the Post Office. It was reported that the City
Clerk had attempted to contact Ms. Kraemer by calling her office and
discovered she had gone out of town for two weeks.
119
19.1
19.2
19.3
19.4
19.5
March 9, 1988
The City Attorney read his recommended modification to the Bill of
Assurance:
Instead of stating: "This bill of assurance shall be effective from
such time as the real estate herein described is zoned C-1 Neighborhood
Commercial and shall last so long as all adjacent property is zoned R-1
Low Density Residential."
The recommendation is to modify the wording to state "...and shall last
unless the property is rezoned by the Fayetteville Board of Directors."
Prewitt agreed to the modification. He was asked to re -submit the Bill of
Assurance.
Upon roll call, the ordinance passed, 6-0.
ORDINANCE� N0. 3338 APPEARS ON PAGE y/,2 OF ORDINANCE AND RESOLUTION
BOOK 7)CI V
BID AWARD/AERIAL PHOTOGRAPHY
19.6 The Mayor introduced consideration of the award of bid for aerial
photography, ground controls, and map digitizing relating to the Computer
Mapping System project.
19.7 The City Manager said when bids were sought for aerial photography, initial
information which had been received turned out to be incorrect, because none
of the bids were anywhere close to original estimates which had been
received from bidding companies. He said bids are much higher than funds
which had been appropriated in the budget. He recommended the Board reject
the bids, readvertise the program, and only plan on setting up ground
controls at this time.
.19.8 City Engineer Bunn distributed a bid tabulation. He said the bids ranged
from $150,000 to nearly $300,000 to do the aerial photography, ground
controls and four square miles of digitizing. Bunn agreed with the City
Manager's recommendation. Bunn added that the City would be looking at an
increase in the total cost of the project.
.19.9 Director Bumpass, seconded by Marinoni, made a motion to reject the bids.
Bunn said the staff would want to readvertise so that this year bids would
be sought for ground control work only, with the plan being to have aerial
photography done in February of next year.
.19.10 Upon roll call, the motion passed, 6-0.
March 9, 1988
BID AWARD/WATER SYSTEM STUDY
The Mayor introduced consideration of the award of contract for a water
system study. She said the the City's professional services policy was
used, and that she and Director Martin served on a selection committee with
City Engineer Don Bunn and other staff. She said the committee reviewed
proposals and interviewed the top three firms, and recommends that
McGoodwin, Williams and Yates be awarded the contract, at a cost of $63,500.
1')
120.1
Director Bumpass, seconded by Kelley, moved approval of the recommendation. 120.2 -
Upon roll call, the motion passed, 6-0. ^-
The Mayor introduced a request for a budget adjustment in the amount of
$3,500. Director Bumpass, seconded by Kelley, moved approval of the budget
adjustment. Upon roll call, the motion passed, 6-0.
BID WAIVER/SOFTWARE PACKAGES
The Mayor introduced an item not on the agenda for the special board meeting
but included in the tentative agenda for the next regular board meeting - a
request for an ordinance waiving the requirements ofcompetitive bidding and
authorization to purchase replacement software packages, and a request for a
budget adjustment; read three times but tabled on March 1.
The City. Attorney said recent information had been received by the City
Manager's Office regarding pending litigation and the City Manager asked him.
to review it in terms of whether it might have applicability to
Fayetteville. McCord said the law in this case does not extend to counties
and'municipal corporations and therefore the City does not have a defense,
and he recommended the ordinance be passed and the copyright infringement
issue be corrected.
Upon roll call, the ordinance passed, 6-0.
ORDINANCE NO. 3339 APPEARS ON PAGE 3/3 OF ORDINANCE AND RESOLUTION
BOOK XX i V
OTHER BUSINESS
INCINERATOR BOND ISSUE
Director Bumpass asked what the City was going to do in reference to the
election yesterday. The Mayor said she would like to see the City come up
with a plan for getting out of the bond issue.
The City Attorney said he thought it was imperative that the City and
Authority consult with the trustee and the bond insurance company to develop
a plan to ensure that there is not a default on the bonds which would impair
120.3
120.4
120.5
120.6
120.7
120.8
121
21.1
21.2
.21.3
.21.4
March 9, 1988.
the credit rating of the City of Fayetteville. He recommended no final
decision be made until such consultation is made. He said a recommendation
has been made that expert outside counsel specializing in disengagement of
financing be retained, and he thought that was an excellent idea, but
recommended the other consultation take place first.
The City Manager recommended that he and the staff proceed with coming up
with a plan, in consultation with the trustee as recommended by the City
Attorney and, at the same time, consult with others to determine what
companies are in the business of specializing in disengagement. He said the
staff wanted to move ahead immediately to protect the City of Fayetteville.
Bumpass asked if the Authority could have a meeting immediately to take care
of the same issue. Pennington said, although Fayetteville is its largest
member, the Authority is a separate body, and his responsibility was to
protect the financial integrity of the City of Fayetteville.
Director Bumpass said what bothered him was a copy he was given of an agenda
item for the next Quorum Court meeting, which was to ignore the vote and
build the incinerator. City Manager Pennington said he thought that if the
Board goes on record and instructs the City Manager and staff to begin a
disengagement plan a commitment will have been made. Bumpass said he would
feel comfortable with that.
.21.5 Director Lancaster remarked that the City of Fayetteville made a commitment
to guarantee the project but he believed neither the City of West Fork nor
Washington County had done that. He said the City may withdraw from the
Authority but he thought there was a possibility that the City of West Fork
and Washington County could still build an incinerator, and the citizens of
Fayetteville would pay for it. The City Attorney said the contractual
obligations would continue even if a member of the Authority did withdraw.
Pennington said he would not recommend the City of Fayetteville withdraw
from the Authority at this time. Lancaster said he thought a meeting should
be called of the full Authority.
.21.6 Kelley, seconded by Marinoni, moved that the staff be instructed to prepare
the disengagement plan, including the recommendation of a professional firm
to help in the details. Upon roll call, the motion passed, 6-0.
L21.7 Director Hess recommended the City Board set up a task force to investigate
the issue of recycling. He suggested the task force be charged with (1)
examining the possibility of a recycling center; (2) examining proximity to
the market, and selling products; and (3) investigating the setting up of
experimental neighborhoods. He suggested City Directors each select two
persons to serve on the task force.
L21.8 The City Manager pointed out the Solid Waste Authority had just been
reactivated, and said he thought that group should not even consider moving
ahead without input from the people.
9
k.
March 9, 1988.
Hess moved that the City Board do this independent of the Solid Waste 122.1
Authority. There was no second to the motion.
David Dubbell, speaking from the audience, said he thought recycling was
only part of a solid waste management planning process. Hess said he
thought the first step should be tolook at recycling. Dubbell said he was
worried about the City picking another particular task rather than looking
at the whole issue.
The Mayor said she would like to ask the staff for a recommendation about
whether we need a task force and make this part of their planning for
disengagement. Pennington said the issue was how to deal with solid waste.
He said, there will never be 100% agreement on a given issue, but what.
should come out of this is a majority feeling about the direction which
should be taken to address the problem. He said it was a regional problem,
but it was going to be hard work to get other communities involved.
Bumpass agreed with Johnson's recommendation: He said if it was a regional
problem he wanted to make sure the public knows that Fayetteville is not
paying to solve the problem for all of the region. Director Hess said he.
was glad to charge the staff with the task, but didn't want to let lethargy.
set in and slow the momentum. Director Kelley said he would like to see the
issue taken out of the political arena.
Fran Alexander, speaking from the audience,said many people in the county
feel a regional solution has to happen. She suggested, for the public's
peace of mind, that working on a solid waste plan not be something to which
you would have to be appointed, but to which you could volunteer your
services. Pennington said he had worked with citizens to come up with such
plans, and said it has to be out of the political arena in his opinion.
Alexander said,- rather than political officials appointing people, the
public should come forward.
122.2
122.3
122.4
122.5
It was the consensus that the staff should investigate this issue. 122.6
AUTHORITY MEETING SCHEDULED
Director Lancaster called a meeting of the Northwest Arkansas Resource
Recovery Authority for Friday, March 11 at 8:30 a.m.
ADJOURNMENT ,
122.7
The meeting was adjourned at 9:37 a.m., to be followed by the Board Agenda 122.8
Session. -