HomeMy WebLinkAbout1991-05-07 MinutesMINUTES OF A MEETING. OF TEE CITY BOARD OF DIRECTORS
A regular.meeting of the Fayetteville City Board of Directors was
held on Tdes y -May 7, 1991 at 7:30 p.m. in the Directors' Room of
the City Administration Building at 113 West Mountain Street,
Fayettevilier Arkansas; --
PRESENT: Mayor Fred Vorsanger; Assistant Mayor Mike
Green; Directors Ann Henry, Dan Coody, Julie
Nash, Shell Spivey and Bob Blackston; City
Manager Scott Linebaugh, City Attorney Jerry
Rose, City Clerk Sherry Thomas; members of
staff, press.and audience.
CALL TO ORDER
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The meeting was called to order by the Mayor, with seven Directors
present. The Mayor asked those present tostand and recite the
Pledge of Allegiance, and then asked that a brief moment of
respectful silence be observed.
The Mayor welcomed comments on any item on the Agenda. He
explained that comments should be limited to 15 minutes per item,'
and a spokesperson be elected for comments made on the same issue.
CONSENT AGENDA
Mayor Vorsanger introduced consideration of items which may be
approved by motion, or contracts and leases which can be, approved
by resolution, and which may be grouped together and approved
simultaneously under a "Consent Agenda."
A. Minutes of the April 16, 1991 regular Board meeting;
B. A resolution approving a one year extension of the Blue Cross
group medical, life, and long term disability contract for the
period May 1, 1991 -April 30, 1992;
Staff recommends approving the renewal, and there is no
increase in the rate per contract over the 1990-90 policy
year.
RESOLUTION 74-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION
BOOK
C. A resolution approving Construction Contracts I and II for a
Sewer System Rehabilitation, Mini System 5, for the Country
Club Hill area in the amount of $162,970.50 and approving a
budget adjustment of $37,970.50;
Staff recommends approving the contracts and approving using
unobligated 1990 roll forward sewer rehabilitation funds to
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May 7, 1991
award both construction contracts to the low bidders, Clauson
Brotkerstand Fayette Tree and Trench.
RESOLUTION 71.91 APPEARS O1 PAGE OP ORDINANCE AND RESOLUTION
BOOK
D. A resolution approving an engineering contract with Crafton,
Tull 6 Associates in conjunction with the public improvements
in the Community Development Target Area in the amount of
$27,902.00;
Staff recommends approving this contract which concerns
design, development of plans and specifications, and
construction management of the project.
RESOLUTION 76-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION
BOOK
E. A resolution awarding Bid 90-20
tapping hydraulic drills, power
the low bidder, IC1 of Arkansas
for two (2) shower tap sewer
units and additional bits to
at a price of $11,917.97;
Staff recommends awarding the bid.
RESOLUTION 77-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION
BOOK
F. A resolution awarding Bid 91-14 for a Mini sewer TV Camera and
accessories to the low bidder, Gra-Co, Inc., at a price of
$10,114.00;
Staff recommends awarding the bid.
RESOLUTION 78-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION
BOOK
G. A resolution authorising the Mayor and City Clerk to execute
a deed conveying half of the Robertson/Davis property to the
University of Arkansas;
This property which is being used for the construction of the
Walton Arts Center was condemned by the City in an eminent
domain action which was settled for $328,201.83. The
University was to purchase half, or $164,100.92 As soon as
the City conveys the property, the University will reimburse
the City their portion.
RESOLUTION 79-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION
BOOK
May 7, 1991
Blackston, seconded by Coody, made a motion to approve the consent
agenda. iJpot roll call, the motion was passed by a vote of 7 to 0.
REZONE I ~- ---
The Mayor introduced an ordinance rezoning property located at the
corner of North and Garland Streets from R-1, Low .Density
Residential, to C-1, Neighborhood Commercial, and R -O, Residential
Office, consisting of 5.32 acres as requested by Caroline Parsons.
This rezoning was tabled by the Board at the May 15, 1990 meeting
to allow the Northwest Arkansas Trust for Public Lands to raise
sufficient funds to purchase the property for a nature park. The
Trust failed to raise funds, and the City Board voted at their
April 16, 1991 meeting that the City would not purchase' the
property. The Planning Commission voted 5 to 3 to recommend
rezoning. Therefore, Mrs. Parsons is resubmitting her request for
rezoning.
The ordinance was read for the first time. Spivey, seconded by
Green, made a motion to suspend the rules and place the 'ordinance
on its second reading. Upon roll call, the motion passed by a°vote
of 7 to 0. The ordinance was read for the second time. Coody,
seconded by Henry, made a motion to further suspend the rules and
place the ordinance on its third and final reading. Upon roll
call, the motion was passed by a vote of 7 to 0. The ordinance was
read for the third and final time.
Donald House, a resident of 854
support of such a park to be
above. He further reprimanded
construct a park on this site.
decision.
South Hill, addressed the•Board in
constructed on the site proposed
the Board for the decision to not
He urged the Board to reverse their
Danny Wright, attorney for Caroline Parsons, asked the Mayor to
poll the Board to see who intends to vote and who intends not to
vote on this matter. He stated that he intended to challenge
Directors Nash and Coody if they did not abstain.
Mayor Vorsanger responded by saying that he would poll the Board.
City Attorney Rose, stated that he had every right to challenge the
Board, and stated that they should proceed.
The Mayor stated that all Board members would be voting on this
issue.
Wright gave some background on the matter and stated that there was
nothing to indicate that the rezoning of the property would
increase the burden of traffic the property currently has or the
City's budget. He stated that rezoning this property would not
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May 7, 1991
increase traffic flow. He stated his client had offered to
dedicate twogstrips of land to be used for loading and unloading
children at Leverett School. He further stated that the Parsons
have been denied the use of their land because of the failure of
the Board to rezone the property.
Mayor Vorsanger stated that he neglected to ask the Board if they
had any questions of Don House.
Director Coody asked if the City has kept the property from
selling. Wright responded that the zoning had kept the property
from selling. Director Coody stated he felt the zoning had not
kept the property from selling, but the price certainly had.
Director Coody stated he saw no conflict of interest by him voting
on the issue because he personally had nothing to gain or lose
either way the issue is settled.
Director Nash
alternatives.
John Merrell,
presented.
asked if the Planning Commission had offered zoning
Planning Management Director, stated options had been
Mayor Vorsanger stated that he voted against the purchase of the
property for a City park. He stated he did so because it was too
expensive. He stated that there was a silent group in the City who
call him to express their views on different areas. He stated that
every call he received was in opposition to the City spending that
amount of money for a park.
Don House stated that he would like to know who is the silent
majority. He stated that the public opinion was that the price was
too high, the people did not object to the park. He asked why the
Board did not instruct Staff to negotiate the price with the
Parsons.
Director Coody stated that 99% of the response at the public
hearing was in favor of the nature park. He asked what this had to
say for the Board and about the future of public hearings.
Director Green stated that this discussion had gotten way off track
of the rezoning issue.
Director Nash asked if the Planning Commission voted to rezone
contingent upon a bill of assurance, and if none were offered by
the petitioner, did this invalidate the vote of the Planning
Commission.
City Attorney Jerry Rose stated that would be correct.
May 7, 1991
Pat Green__ stated_ she was opposed to the rezoning of the property
located sea cltse to Leverett School.
Ann England stated -she also opposed the rezoning.
Kirk Elsass, with Lindsey and Associates, asked Director Coody if
he remembers saying he would abstain from voting on this issue in
a conversation they had.
Director Coody stated he did not remember saying that.
Caroline Parsons stated Mr. Elsass had informed her of the
discussion between himself and Director Coody. She stated that she
has lost faith in Director Coody.
Director Coody stated he was sorry she had lost faith, but he has
been trying to get the City to purchase her property.
Mrs. Marion Doss addressed the Board as a member of the "silent
group" of citizens that opposed the purchase of the property. She
was watching the meeting at home and heard the Mayor's comment
about the "silent group" and wanted to agree with him that there
was a large majority of citizens that opposed the purchasebutwere
not as vocal as the people in favor of the land purchase.
Upon roll call, the motion to rezone the property failed by a vote
of 1 to 6, with Henry voting in the minority.
REZONE II
The Mayor introduced an ordinance rezoning property located on the
west side of Crossover Road, north of Joyce Street, from A-1,
Agricultural, to R-1, Low Density Residential, as requested by Rick
Parker on behalf of Joe Robinson.
The Planning Commission voted 8-0-0 to approve the rezoning.
The ordinance was read for the first time. Green, seconded by
Blackston, made a motion to suspend the rules and place the
ordinance on its second reading. Upon roll call, the motion passed
by a vote of 7 to 0. The ordinance was read for the second time.
Green, seconded by Blackston, made a motion to further suspend the
rules and place the ordinance on its third and final reading. Upon
roll call, the motion was passed by a vote of 7 to 0. The
ordinance was read for the third and final time.
Upon roll call, the motion passed by a vote of 7 to 0.
ORDINANCE 3547 APPEARS ON PAGE 397 OF ORDINANCE AND RESOLUTION
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May 7, 1991
REZONE II:
The Mayor introduced an ordinance rezoning property located on the
northwest corner of Old Missouri Road and Errol Street (3200 Old
Missouri Road) consisting of 1.22 acres from 1-1, Agricultural, to
R-1.5, Moderate Density Residential, as requested by Claude and
Frances Langham.
This ordinance was left on its first reading at the April 16, 1991
Board of Directors meeting. The Planning Commission voted to
approve the rezoning.
The ordinance was read for the second time, and left on its second
reading for discussion.
Director Blackston stated that he was concerned about the R-1.5
unless there would be Bill of Assurance since it was a spot
rezoning, and the adjacent property was turned down for the same
rezoning.
Mayor Vorsanger announced that he had received a petition and
letter signed by Gene Lynch, President of Butterfield Crime Watch
Association, opposing the rezoning.
Frances Langham addressed the Board with her concerns that their
development plans were submitted to the City Planning office with
an application on the 5th of March - over sixty days ago. In
addition, Ms. Langham stated that the rezoning procedure was
delayed in order to await the outcome of the 17 acre rezoning
request, that was subsequently recommended by the City Staff that
both parcels be rezoned R-1.5 - giving them bad press. Ms. Langham
reported that the opposition has been resolved and that there are
two to three individuals interested in purchasing the 17 acres for
single-family homes. She further reported on their development
plans and reassured the opposing neighborhood that there are no
plans to cause any harm or damaging effect to the neighborhood.
Langham read an addendum to the rezoning request, setting out the
plans for developing this property, and compared it to Green Briar
Addition. In closing, Langham appealed to the Board that the 17
acres should not control the outcome of her property, and that
their approach would be a progressive step to begin a transition
into a residential setting in conjunction with the neighborhood.
Langham also stated that she would be happy to present a Bill of
Assurance if the property was rezoned R-1.5.
Merrell stated that the rezoning to R-1.5 would allow up to 12
units per acre.
Mayor Vorsanger asked for an approximate price range of the planned
units, and Ms. Langham stated that the units would be in excess of
$100,000.
May 7, 1991
Director henry asked if a bill of assurance could be submitted that
stated ift the property wasnot developed as the Langhams are
indicating within a certain time period, that the rezoning would
automatically`revert back to R-1.
Merrell addressed Director Coody's question whether the Langham's
request could be achieved without the R-1 to R-1.5 rezoning. He
stated that he was recommending that the rezoning be denied as this
rezoning would serve as a "buffer" between adjoining properties,
that a precedent would be set for this type of rezoning, and that
this is a classic example of a spot zoning for the benefit of the
owners. Merrell explained the city's natural zoning boundary in
this area is no multi -family zoning north of Old Missouri Road, and
he requested that this be adhered to. In addition, Merrell assured
Director Coody that if he were to go before the Board of Adjustment
with some maneuvering, the zoning could remain R-1 and still
accomplish the Langham's goals.
John Park of 3208 Old Missouri Road, addressed the Board in
complete agreement with John Merrell on this issue.
Bill Ethridge of 3340 Old.Missouri Road addressed the Board in
opposition to R-1.5 rezoning.
Director Green asked if the neighbors would prefer*four homes in
the $125,000 range rather than 3 in the $50,000-$60,000 range.
Kathy Malstrom of Fayetteville addressed the Board and read from
the Fayetteville Zoning Code dealing with exact verbiage of R-1.5
moderate density residential zoning. She presented a zoning map of
the area which demonstrated the R-1 zoning in the surrounding areas
with no medium density housing directly around the area, and also
that all R-1.5 zonings currently in existence are adjacent to R-2
or R-0 zoning. In closing, Malstrom requested that this rezoning
request be denied as it consists of spot zoning and can serve no
good purpose for the area.
Gene Lynch, President of the Butterfield Crime Watch Association,
addressed the Board in agreement with the points made by Mr.
Merrell. In addition, he addressed the subject of affordable
housing and expressed his concern about the effect on land values
this rezoning would cause in the Butterfield area. Lynch requested
that this rezoning request be denied.
Allen Tyler of 3247 Katherine addressed the Board regarding the
letter of review by a real estate appraiser presented at the first
reading which stated that the R-1.5 zoning would negatively affect
the property values in the area. Tyler stated that this, in
addition to the previously, stated opposition, would result in a
terrible precedent if this rezoning request was granted, and he
requested that the same be denied.
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May 7, 1991
Director Nash asked why the Planning Commission voted unanimously
for the renonitg:- Merrell stated he was not at the meeting, so he
did not knoy!the answer.
Green, seconded by Henry, made a motion to further suspend the
rules and place the ordinance on its third and final reading. Upon
roll call, the motion passed by a vote of 7 to 0. The ordinance
was read for the third and final time.
Upon roll call, the motion to rezone from R-1 to R-1.5 failed
by a vote of 0-7.
DICRSON STREET PARKING
Mayor Vorsanger introduced a resolution authorising the contract
with RN Plan Group for completion of Phase 2 on the Dickson Street
Parking project in the amount of $115,000.00.
Staff recommends approval of this contract.
City Manager Linebaugh addressed the Board regarding the contract
with RM Plan Group and Phase 2 of this contract. Linebaugh
reported that the plan has again changed requiring an additional
$15,000 to be added to the expenses for further publications, etc.
In addition, Linebaugh stated that RM Plan Group would serve an
integral part in reaching a compromise on any controversial areas
between the different groups.
Mr. Yates, of the engineering firm McGoodwin, Williams & Yates,
addressed the Board stating that the scheduled completion of the
Arts Center is March 1992 and stressed the urgency of authorizing
continuation of the parking project.
Linebaugh reported that the City is committed to provide 500
parking places for the Arts Center. Directors Blackston and Green
stated they felt they should proceed in those areas that can be
completed at this time. Director Coody added that he hoped the
scenario would include a park.
Henry, seconded by Blackston, moved to adopt the resolution. Upon
roll call, the motion passed by a vote of 7 to 0.
RESOLUTION 50-91 APPEARS OR PAGE OP ORDINANCE AND RESOLUTION
BOOK
SEALER TOWN. DICKSON STREET. AND DOWNTOWN AREA ORDINANCE
DISTRICT(S)
Mayor Vorsanger introduced a presentation by the Downtown
Fayetteville Historical Society that the City adopt an ordinance
that would protect the character of an architecturally or
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May 7, 1991
historically significant area by imposing architectural controls
and guideline. on new construction, alterations, and demolitions.
Sharon Stiles -M-304 West Meadow which is within the Dickson Street
Improvement District addressed the Board. Stiles reported that May
12th through the 18th is National Historic Preservation Week, and
in honor of that week, she requested the City Board join them in
making an effort to preserve local heritage. Their goal is to form
an ordinance district(s), similar to a historic district, to
include Shuler Town, Dickson Street Improvement District, and the
downtown areas. Stiles further reported that the Fayetteville
Historic Commission is developing an ordinance which would apply to
existing Washington, Willow and Mt. Nord Districts to protect the
character of an architecturally or historically significant area by
• imposing architectural controls and guidelines on new construction,
alterations, and demolitions. She further asked that -the City
Staff develop a similar ordinance to protect significant properties
in the area. Stiles expressed her concern that Dickson Street
revitalization in conjunction with the Arts Center and parking
project cause changes that are not in character with the existing
structures or that buildings might be lost unnecessarily, without
guidance from the City.
Andrea Miller presented a slide presentation with pictures of
Fayetteville's historic districts.
Clark Davis of the Fayetteville Historic Commission addressed the
Board endorsing the efforts of the downtown groups at establishing.
an ordinance to protect Fayetteville's remaining historic
districts.
Donna Miller addressed the Board emphasizing the importance of
public awareness of Shuler Town and its contribution to the growth
of the City of Fayetteville, and introduced Cy Sutherland, a`
retired professor of architecture from the University of Arkansas
specializing in historic preservation. Sutherland addressed the
two historical societies in Washington County - Downtown
Fayetteville Historical Society and the Washington County
Historical Society and expressed his support and approval of these
districts and of their efforts. Sutherland further stated that an
ordinance district was needed to give districts clout in imposing
restraining principals on the districts to enable reasonable
alterations and new building and to achieve stability.
Donna Miller presented two letters of endorsement to the Board from
Bob Beasom, Director of Shilo Museum and resident in Dickson Street
Improvement District and from John Cross, member of the Eureka
Springs Preservation Society and State Preservation Board member in
support of the Washington County historical society's efforts.
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May 7, 1991
Andrea Miller addressed the Board regarding a petition drive with
450 signat rat supporting historical preservation and presented the
Board with t -shirts as mementos of their presentation. She stated
that at least -123 homes have been torn down in this area, and that
relocation is a viable alternative to demolition.
Mayor Vorsanger spoke on behalf of the Board with their intention
to ask John Merrell to draw up the ordinance that is being sought
and bring it before the Board.
36 INCE WATER LINE
Mayor Vorsanger introduced a resolution approving an engineering
contract with NaGoodwin, Williams and Tates for work related to the
construction of the north part of the 36 inch water line and
related system tie-ins at an estimated price of $512,488.00.
Staff recommends approval of this contract which will include
detailed plans and specifications, preparation of easement plats,
and construction observation.
City Manager Linebaugh reported to the Board on this project
handled by water, sewer and sales tax funds. This phase of the
project is estimated to be $7 million; engineering work for the
construction is being done by two engineering firms for about
50,000 feet of 36 inch line.
Green, seconded by Blackston, moved to adopt the resolution. Upon
roll call, the motion passed by a vote of 7 to 0.
RESOLUTION 81-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION
BOO[
EASEMENT VACATION
Mayor Vorsanger introduced a resolution approving the vacation of
a 30 foot easement intended for the construction and maintenance of
an electrical cable as requested by Jerry Anderson.
Staff recommends approving the easement on the condition that a
corrected easement of the same width be executed.
City Manager Linebaugh explained that this cable has to do with the
Drake Field warning lights in existence since 1962. Linebaugh
further explained that the written easement didn't correspond to
the location of the buried cable, and this needs to be corrected by
abandoning the easement in exchange for a new easement.
Nash, seconded by Blackston, moved to adopt the resolution. Upon
roll call, the motion passed by a vote of 7 to 0.
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May 7, 1991
RESOLUTION 82-91 APPEARS ON PAGE
BOOR L
OF ORDINANCE AND RESOLUTION
WATERLINE EABEMENT VACATION
Mayor Vorsanger introduced a resolution approving the vacation of
a waterline easement across Lot 3, Block 2 of Paradise View
Subdivision as requested by Jerry Pullen.
Staff recommends approving the waterline easement vacation.
City Manager Linebaugh explained that the builder applied for a
permit approximately one year ago, and the waterline easement was
overlooked and not included on the official plat.
Blackston, seconded by Coody, moved to adopt the resolution.
Upon roll call, the motion passed by a vote of 7 to 0.
RESOLUTION 84-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION
BOOK
AIRPORT GRANT AMENDMENTS
Mayor Vorsanger introduced a resolution approving surrendering the
remaining funds, $72,414 of AIP #3-05-0020-13 and reducing the
funding by $279,230 for the obstruction portion of AIP #3-05-0020-
14.
Staff recommends approving the reallocation. These funds will be
reallocated to a new grant which will be used for the purchase of
properties identified by the Obstruction Study.
City Manager Linebaugh explained that money is being transferred
from these two old grants to a new obstruction study grant.
Linebaugh further explained that the $279,230 transfers over to
another grant, leaving $870,000 to complete Project 14 safety area
improvements.
Green, seconded by Blackston, moved to adopt the resolution.
Upon roll call, the motion passed by a vote of 7 to 0...
RESOLUTION 83-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION
BOOK
AIRPORT RUNWAY/TAXIWAY LIGETING RENOVATION
Mayor Vorsanger introduced a resolution approving a contract with
McClelland Consulting Engineers at a cost to the City of $2,641.01,
and approval of a budget adjustment.
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May 7, 1991
Staff recoasnds approving the contract. The total price of the
project 11=$310,313 of which the FAA will fund $291,000 (90%), and
stats will fund $16,666 (5%), leaving the City with the remaining
5% or $16,667:` The budget adjustment reflects the entire cost of
the project. The cost of this portion of the project is not to
exceed $52,820.16.
City Manager Linebaugh addressed this project stating that it was
necessary to complete it two years earlier than originally planned
due to the number of outages.
Green, seconded by Nash, moved to adopt the resolution. Upon roll
call, the motion passed by a vote of 7 to 0.
RESOLUTION 85-91 APPEARS ON PAGE OP ORDINANCE AND RESOLUTION
BOOK
AIRPORT LAND/EASEMENT ACQUISITION
Mayor vorsanger introduced a resolution approving a Professional
Service Agreement with W.D. Schock Co Inc., for land/easement
acquisition, property management and relocation assistance in
conformance with the Uniform Relocation Assistance Act at a total
project price of $801,000.00 of which the City's share is
$40,055.00.
Staff recommends this project which is necessary to clear or light
obstructions to increase safety and improve landing minimums.
City Manager Linebaugh explained that W.D. Schock Co. Inc., will be
negotiating with the property owners to obtain airway leases and
relocation of residences where required. Dale Frederick addressed
the Board estimating total land acquisition at $2 million. In
addition, Linebaugh reported that Schock would be sub -contracting
with local surveyors, etc.
Coody, seconded by Blackston, moved to adopt the resolution. Upon
roll call, the motion passed by a vote of 7 to 0.
RESOLUTION 86-91 APPEARS ON PAGE 07 ORDINANCE AND RESOLUTION
BOOK
STREET RIGHT OP WAY -BURLINGTON NORTHERN RAILROAD
Mayor Vorsanger introduced an ordinance authorising condemnation
action for the utility and sidewalk easements and eminent domain
proceedings approved by the Board of Directors at the April 16,
1991, Board meeting.
Staff recommends the ordinance which is required by statute.
May 7, 1991
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The ordinance was read for the first time. Henry, seconded by
Blackston; m�lde -a motion to suspend the rules and place the
ordinance an_its second reading. Upon roll call, the motion passed
by a vote Of -7 to 0. -The ordinance was read for the second time.
Henry, seconded by Coody, made a motion to further suspend the
rules and place the ordinance on its third and final reading. Upon
roll call, the motion was passed by a vote of 7 to 0. The
ordinance was read for the third and final time.
Upon roll call, the motion passed by_a vote of 7 to 0.
ORDINANC! 3548 APPEARS ON PAGE,.37 , OP ORDINANCE AND RESOLUTION
BOOR t >( V
OTHER BUSINESS
ARTS COUNCIL LETTER
Linebaugh reported receiving a letter addressed to the Mayor and to
the Chancellor of the University from the Arts Council with regard
to the Dickson Street Improvement District. - They are requesting
knowledge as to whether the City and University plan on paying the
assessment fees or taking it out of Art Center's operating budget,
in which case they are requesting permission to negotiate with the
Improvement District. Staff recommends that this be taken out of
the Arts Center operational funds, and'also that no action be taken
until the lawsuit concerning taxes is finished. Director Coody
requested that the Board be provided with the estimated assessment
cost.
ISRAEL SETTLEMENTOFFER
Linebaugh reported on &settlement offer on the Ben Israel vs. City
of Fayetteville lawsuit: This lawsuit resulted from the placement
of a testing station on the creek and removal of the same.
Linebaugh stated that .Israel was offering to settle for the
attorney expenses. Director 'Green stated his concern about the
kind of precedent this matter would set. It was discussed by the
Board that it would cost the City more to pursue the lawsuit than
to settle.
Vorsanger, seconded by Nash made a. motion that this settlement
offer be negotiated by City Attorney, Jerry Rose, and if the same
can't be settled satisfactorily for a cost not to exceed $1,400,
that Attorney Rose defend the case.
Upon roll call, the motion passed unanimously.
ADJOURNMENT
The meeting adjourned at 10:50 p.m.
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