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HomeMy WebLinkAbout1977-06-21 Minutes1 15 MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS June 21, 1977 The City of Fayetteville Board of Directors met in regular session on June 21, 1977, at 7:30 p.m., in the Director's Room of the City Administration Building. (V PRESENT: City Attorney Jim McCord; City Clerk Darlene Westbrook; Administrative CO Aide David McWethy; and Directors Ernest Lancaster, Paul Noland, Al Hughes (absent at roll call), David Malone, Philip Colwell, and Marion Orton. Cr ABSENT: City Manager Don Grimes Q 1 OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER AND APPROVAL OF MINUTES Mayor Ernest Lancaster called the meeting to order. Following a moment of respectful silence and roll call, the Mayor asked if there be any amendments to the miinutes of the June 7, 1977 meeting. Director Orton requested paragraph 6.6 be amended to reflect that ten units per acre were recommended to be placed in the R-2 zone; that paragraphs 8.5 and 12.6 be amended to correctly reflect her "nay" votes; and that paragraph - 10.1 be corrected to reflect that correspondence had been received from Warren Segraves stating that his association with Greener & Sumner had been dissolved, She re- quested that the same paragraph be amended to reflect that she questioned pro- fessional ethics of a firm that would dissolve a professional association after presentation of a proposal. She felt that such a dissolution changed the bidder's status. Orton also requested that paragraph 10.3 be amended by adding that she had mentioned receipt of "threatening" letters and asked the City Attorney if any of the letters indicated the City had made a previous, binding commitMent for design of the terminal expansion. The City Attorney replied that, based on the two letters and information from the City Manager, no existing binding contracts existed. Orton requested amendment to 11.5 to reflect that she believed more low-income persons be appointed to CD committees. She noted that applications had been received from low-income persons but they had not been selected. Director Orton requested that paragraph 12.7 be amended to reflect that both lots were valued at $4,000; and that paragraph 14.3 be amended to reflect that she was resigning to accompany her husband on a teaching assignment in Iran. Director Todd requested paragraph 9.6 be amended to reflect that the City !Manager had explained that Birch Street could not be used after construction of the Sycamore Street railroad crossing because of the grade which would result from the large amount of fill that would be needed.. Todd also requested paragraph 11.6 be amended to reflect that the appointments to the Housing Assistance Plan Committee were not reappointments. (Director Hughes arrived at the meeting:) 15 15.1 15.2 15.3 16 RESOLUTION AUTHORIZING EXECUTION OF ARCHITECTURAL CONTRACT - Continuing Education Center 16.1 The City Attorney reported that he had reviewed the proposed contract for architectural services for design of the Continuing Education Center. He informed that the selected architect, Mr. Warren Segraves, had approved and signed the con- tract. The contract stipulated a compensation of six percent of the construction cost, not to exceed $120,000. 16.2 In regard to input for the building's design, Segraves stated he had planned to invite input from the public before the project had progressed too far. Director Malone announced that the University of Arkansas desired to appoint a committee which would consult with the architect to discuss the needs of the Continuing Education division. He concurred with the Board that the contract would not have to stipulate the number or schedule of the input sessions. 16.3 Director Orton stated she was concerned that the Continuing Education Center not be designed so as to create a visual effect of being an annex to a nearby pro- posed hotel facility or the existing bank plaza. She stated that the Board had adopted a resolution in support of the Continuing Education Center which she felt committed the Board to the idea that the center would be related to the square. Segraves stated he would have no objections to making public presentations and receiving public input after collection of data and after preliminary drawings had been completed. 16.4 In response to question from Director Todd regarding the Board's authority to commit Advertising and Promotion Commission funds, Director Malone and the City Attorney advised that the Commission had voted to commit all or part of the one -percent hotel/motel/restaurant tax to the construction of the center. 16.5 The City Attorney then read a resolution to authorize the execution of the contract. Director Malone, seconded by Hughes, moved adoption of the resolution. II/The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland, Hughes Nays: None The resolution was declared passed. • RESOLUTION N0. 49-77 APPEARS ON PAGE 171 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION AUTHORIZING EXECUTION OF ARCHITECTURAL CONTRACT - Drake Field Terminal 16.6 The City Attorney recommended that, should the Board decide to accept the con- tract, its approval should be contingent upon review and approval by the FAA since the project involves FAA funds. The contract would stipulate a professional fee of 62 percent of construction cost. 16.7 When questioned why the professional fee was higher for the terminal expansion than for the Continuing Education Center, a much larger project, architect Paul Young stated that smaller, less costly projects involving additions and remodeling work carry a higher fee. He said the proposed fee was lower than recommended by the fee schedule adopted by the Arkansas Chapter of the American Institute of Architects. 16.8 Director Orton felt the Board should have negotiated the fee and that a maxi- mum fee should have been established. Director Todd felt the public should also have opportunity to contribute to the input of the design. Following slight further discussion, the City Attorney read a resolution to authorize execution of the con- tract with Paul Young. Director Hughes, seconded by Colwell, moved adoption of the resolution. The Recorded vote was: Ayes: Malone, Lancaster, Colwell, Todd, Noland, Hughes Nays: Orton The resolution was declared passed. RESOLUTION NO. 50-77 APPEARS ON PAGE 172 OF ORDINANCE & RESOLUTION BOOK V 16 1 17 ORDINANCE ESTABLISHING ARTS COMMISSION The proposed ordinance would establish a Northwest Arkansas Cultural Center 17.1 Board of Trustees for the purpose of meeting and serving the educational and cultural needs of Fayetteville citizens. Speaking for the Northwest Arkansas Cultural Center Steering Committee, Lynn 17.2 Wade told the Directors that the Board of Trustees would consist of eleven members composed of seven representatives of the general community and four representatives of the arts. The proposed ordinance contained the names of eight persons recom- mended to serve initial memberships. Wade advised that the Board could delay appointment of the remaining three members until a later date. Director Todd felt the ordinance should include a statement that the Trustees 17.3 (U shall not have the authority to financially obligate the City without prior approval CO of the City Board of Directors,and that the ordinance should stipulate that no fund raising activity of the Trustees shall be conducted as an official function of the Q City. Mr. Wade advised that everything the Trustees did would be an activity on the behalf of the City and felt a stipulation to the contrary would weaken the Q commission's status as a governmental entity. Director Todd suggested deleting a provision that the Trustees would review and submit recommendations to the Board of Directors for appointments to fill vacancies on the Board of Trustees. Todd felt the stipulation would create a duplication of functions since the Board of Directors had an established procedure for making appointments to City boards and commissions. Wade stated that the Steering Committee was interested that the Trustees 17.4 would be comprised of persons truly interested in the arts and that those persons would be brought to the attention of the Directors by the Trustees. Mrs. Linda Welch, also present, requested that the Board follow guidelines in selecting mem- bers to the Board of Trustees so that persons who are truly interested in the arts would be selected rather than persons who would be more interested in the status of membership. The Board concurred that members of the Board of Trustees could make their preferences known by contacting any Director. Director Hughes was discouraged that the Trustees did not want the Directors 17.5 to participate in the appointment process even though the body was to be an entity of the City government. He also believed that the Trustees should be required to attend a certain number of meetings in order to maintain their membership. The Board concurred that the initial Board of Trustees would consist of the 17.6 eight recommended persons for one-year terms beginning July 1 with appointments of successors to serve staggering terms to be made at a later date. Director Colwell questioned the extent of power to be placed in the Executive Committee to which Wade replied that the Executive Committee would most likely be constitu- ted by a quorum of the Board. He felt it was necessary to grant significant power to the Executive Committee since it would not always beipossible to attain full attendance for some meetings. The City Attorney read the ordinance the first time. Director Noland, 17.7 Seconded by Hughes, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland, Hughes Nays: None The motion was declared passed and the ordinance was read the second time. Director Hughes, seconded by Todd, moved rules be further suspended and the 17.8 ordinance placed on third and final reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland, Hughes Nays: None The motion was declared passed and the ordinance was read the third and final time. 17 18 18.1 Director Hughes, seconded by Todd, moved the ordinance be amended by deleting reference to nomination of appointees by the Board of Trustees; addition of a section prohibiting any financial obligation of the City prior to approval by the City Board; deletion of the phrase "except as is provided below" appearing in Section 4(b); and the amendment of Section 3 to provide for appointment of an initial Board of Trustees for one-year terms with successors to be appointed to serve staggered terms. The Mayor asked if the motion should pass and the recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland, Hughes Nays: None The motion was declared passed. 18.2 Following slight further discussion, the Mayor asked if the ordinance should pass as amended. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland, Hughes Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2347 APPEARS ON PAGE 268 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE AUTHORIZING INCREASED FRANCHISE FEE - Warner Cable 18.3 The proposed ordinance would authorize Warner Cable to pay a four -percent fran- chise fee to the City with the provision that the increased fee would be reviewed and modified as required following completion of FCC rule makings. 18.4 Mr. Lynn Wade, representing Warner Cable, gave a brief history of the four percent frachise now being paid by Warner and stated that it had been assumed that the FCC would establish revised franchise fee limitations. Since the FCC had not yet completed its rule makings, Wade proposed that the City and Warner agree to the franchise rate with the stipulation that it would be subject to modifica- tion if FCC rulings necessitate. 18.5 The City Attorney read the ordinance and its emergency clause the first time. Director Hughes, seconded by Malone, moved rules be suspended and the ordinance read the second time. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland, Hughes Nays: None The motion was declared passed and the ordinance was read the second time. 18.6 Director Orton emphasized that the action to allow the four percent franchise fee would not increase current subscriber fees. Director Todd, seconded by Hughes, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Malone, Colwell, Orton, Todd, Noland, Hughes Nays: None Abstain: Lancaster The motion was declared passed and the ordinance was read the third and final time. 18.7 Director Colwell expressed concern that the City would authorize a franchise fee not approved by the FCC and that the City might one day have to refund fees collected without approval of FCC. Wade stated it was his view that the City would be provided more protection through adoption of the ordinance. He said indications were that FCC would either raise or delete maximum franchise allowances. Local Warner Cable manager, Rip Lindsey, reminded that, during rule makings, FCC rules and regulations are being held in abeyance. 18.8 The Board then discussed who would be responsible for making any refund. Lindsey stated that, while he did not presume to have authority to execute an 18 19 indemnity agreement stating Warner's assumption of any refund expenses, Lindsey 111 assured that Warner would take care of the mechanic's of making any refund. The City Attorney advised that he was not sure that an FCC rule that 19.1 certificates would not be issued to cable companies paying in excess of three percent franchise tax would necessarily make higher franchise taxes illegal. Director Colwell moved that Section 1 of the ordinance (allowing the four 19.2 percent franchise) be deleted. The Board discussed the possibility that any possi- ble refund would cost the subscriber more than the amount he was paying for the franchise fee. Colwell's motion died for lack of second. The Board concurred that Warner Cable would be requested to execute an agree- 19.3 ment regarding the payment of, and expenses for, any possible refund which might have to be made. Upon completion of discussion, the Mayor asked if the ordinance (NJ should pass. The recorded vote was: (19) Ayes: Malone, Orton, Todd, Noland, Hughes Nays: Colwell U Abstain. Lancaster The Mayor declared the ordinance passed. No vote on the emergency clause was taken. Q ORDiINANCE NO. 2348 APPEARS ON PAGE 271 OF ORDINANCE & RESOLUTION BOOK V Y 1 ORDINANCE REZONING PROPERTY - R77-19 / Poplar Street / Mullins Estate, petitioner The City Attorney read the first time an ordinance to rezone a .45 acre tract 19.4 located at the northwest corner of Poplar Street and Gregg Avenue from R-1 Low Density Residential to R-0 Residential Office. Director Hughes, seconded by Todd, moved rules be suspended and the ordinance 19.5 placed on second reading. The recorded vote was: -Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland, Hughes Nays: None The motion was declared passed and the ordinance was read the second time. Director Hughes, seconded by Todd, moved rules be further suspended and the 19.6 ordinance placed on third and final reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland, Hughes Nays: None The motion was declared passed and the ordinance was read the third and final time. The petitioner was represented by Mr. Hugh Kincaid who stated he had no com- 19.7 vents to add to the recommendation of the planning consultant. There being no further comments, the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland, Hughes Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2349 APPEARS ON PAGE 273 OF ORDINANCE & RESOLUTION BOOK V Director Orton moved the Planning Commission be requested to consider amending 19.8 the zoning ordinance to allow R-3 as a conditional use in an:R-0 zone rather than as a permitted use. She said the Board often rezoned property R-0 for trans- itional purposes but that she was concerned that the designation allowed, by right, the dense residential use. The Mayor asked if the motion should pass. The recorded vote was: Ayes- Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None Absent: Hughes The motion was declared passed. 19 20 SEWER SYSTEM EVALUATION SURVEY REPORT 20.1 The engineering consulting firms of McGoodwin, Williams & Yates, and McClelland Consulting Engineers had completed an infiltration/inflow study analysis of the City's sewerage system. Mr. Carl Yates presented the Directors with copies of the study results which indicated excessive infiltration and inflow into the City's system. The study recommendation was that an infiltration/inflow survey be con- ducted to determine methods of rehabilitating the system or of modifying treatment facilities. 20.2 Yates informed the Board that the firms had subcontracted with McCullough Engineering of Jackson, Mississippi for the survey work. He introduced Mr. Charles Bird and Mr. Charles King of McCullough. Mr. King, the project engineer, presented a brief slide program and told the Board that EPA requires sewer system evalua- tion surveys to locate and indentify infiltration and inflow into the sewer system. Following the survey, King said that a cost analysis would be performed to determine the cost of either rehabilitating the system to decrease the infiltration and inflow, or of modifying treatment facilities. 20.3 King explained how the survey would be conducted. He noted that, should conditions of some lines prevent conventional methods of surveying, the lines would be cleaned and televised. All cleaning and televising of lines had to be justified to the EPA and approved by that agency. Another EPA requirement, King told the Board, was that methods to eliminate or treat the infiltration/inflow must be cost effective. He said the study could be completed within a year if significant rainfall is received within the next thirty days. 20.4 Yates told the Board that the City would have to assume 25 percent of the estimated cost ($564,000) of the project, the remaining 75 percent being eligible Ili for an EPA grant He told the Board that the EPA had indicated it would consider a grant increase request from the City. 20.5 No formal action was taken by the Board following the report. ORDINANCE REZONING PROPERTY - R77-20 / Dinsmore Trail / Lois Stratton, petitioner 20.6 The City Attorney read an ordinance the first time to rezone a 4.38 acre tract located on the west side of Dinsmore Trail, approximately 400 feet north of Highway 62 West, from A-1 Agricultural to R-2 Medium Density Residential. 20.7 Director Hughes, seconded by Malone, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland, Hughes Nays: None The motion was declared passed and the ordinance was read the second time. 20.8 Director Hughes, seconded by Malone, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland, Hughes Nays: None The Mayor declared the motion passed and the ordinance was read the third time. 20.9 There being no discussion nor comments from the audience, the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland, Hughes Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2350 APPEARS ON PAGE 274 OF ORDINANCE & RESOLUTION BOOK V 20 1 1 21 ORDINANCE AMENDING ZONING ORDINANCE - Recycling Centers The City Attorney read for the first time an ordinance to amend the zoning 21.1 ordinance to allow centers for collecting recyclable materials in C-1 and I-1 districts as a permitted use, and in C-3 districts as a conditional use. Director Noland, seconded by Todd, moved rules be suspended and the ordi- 21.2 Hance placed on second reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland, Hughes Nays: None The motion was declared passed and the ordinance was read the second time. During discussion, the Board concurred that car bodies, discarded appliances, 21.3 etc., would not be included as recyclable material for the purpose of the ordinance. (V Malone was concerned that, as written, the ordinance would establish the use as (Y) a permitted one in commercial zdnes. In order to avoid establishment of unsightly {�) centers, Malone moved the ordinance be amended to allow centers for collecting U recyclable materials as a conditional use in C-2, C-3, C-4, and I-1 zoning districts;.and as a use by right in I-2 districts. By providing for a conditional use, the Planning Commission would be able to require conditions such as screening. The motion was seconded by Hughes and the recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland, Hughes Nays: None The motion was declared passed Director Todd, seconded by Hughes, moved rules be further suspended and the 21.4 ordinance read the third and final time. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland, Hughes 111 Nays: None The motion was declared passed and the ordinance was read the third and final time. There being no further discussion, the Mayor asked if the ordinance should 21.5 pass as amended. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland, Hughes Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2351 APPEARS ON PAGE 275 OF ORDINANCE & RESOLUTION BOOK V APPOINTMENT TO HOUSING ASSISTANCE PLAN COMMITTEE Director Todd, Chairman of the Board Nominating Committee, moved the nomina- tion of Hazel Buchanan for appointment to a 3 -year term on the Housing Assistance Plan Committee. The term would expire July 1, 1980. The motion was seconded by Director Hughes. There being no further nominations, the Mayor asked if the motion should pass. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland, Hughes Nays: None The Mayor declared the motion passed. In response to a report that the Library Board had failed to attain a quorum for its last meeting, Director Hughes stated he believed members of boards and committees should be required to attend regularly and that the requirement be enforced. 21.6 21.7 RESOLUTION AUTHORIZING EXECUTION OF LOAN AGREEMENT - Community Development Housing Rehabilitation Program The resolution would authorize the Mayor and City Clerk to execute a memo- 21.8 randum of agreement between the City and local participating lending institutions 21 22 to establish a loan program of which they would serve as agents for handling $75,000-$100,000 of CD housing rehabilitation funds. The matter was last considered May 3 and subsequently tabled for renegotiation of the contract. 22.1 Hughes noted that loans could be granted for 75%-100% of the structure's pre -rehabilitation value and stated that the financial institutions do not grant loans for anything higher than 80% of the value. Hughes did not under- stand why the City had to allow 100% loans and thought the maximum should be lowered to 75 percent. Malone reminded that the purpose of the loan program was to make loans available to those who could not secure a conventional loan. 22.2 CD Administrator Chuck Hoffman statedthat HUD had not reviewed the loan agreement, indicating that the agreement was not subject to their approval. In response to a question fom the Board, Hoffman stated that a second mortgage could be considered if an applicant is not the owner outright of the home. He said the second mortgage could be for 100 percent. Director Todd felt the total loan should not exceed the value of the house and Director Malone believed the total loan should consider all liens. In discussion of who should make title opinions, Director Malone felt the City Manager should be requested to make a recommendation as to whether the financial institutions or the City Attorney should make the title opinions. 22.3 The City Attorney read the resolution. Director Orton, seconded by Malone, moved adoption of the resolution. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland, Hughes Nays: None The Mayor declared the resolution passed. RESOLUTION NO. 51-77 APPEARS ON PAGE 173 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION AUTHORIZING EXECUTION OF QUITCLAIPI DEED 22.4 Mr. Charles Miller had requested the City execute a quitclaim deed for any claim the City has to the SE; of the NE; of the SW; and the NE; of the SE; of the SW;, of Section 33, Township 16 North, Range 30 West, lying north of the Drake Field airport. 22.5 The City Attorney advised that the City's right-of-way agent had searched the deed records and had contacted local abstracters but was unable to find recorded documents wherein the City claims or holds fee simple title to the land in question. Director Lancaster mentioned the possibility that the land in question may have been involved with an FAA project and that the City should perhaps contact the FAA. 22.6 The City Attorney stated that all easements, both utility and clear zone, would be retained by the City. He then read the resolution authorizing the quitclaim deed. Director Orton, seconded by Todd, moved adoption of the resolution. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland, Hughes Nays: None The Mayor declared the resolution passed. RESOLUTION NO. 52-77 APPEARS ON PAGE 174 OF ORDINANCE & RESOLUTION BOOK V POLLUTION CONTROL AND ENERGY COMMISSION RECOMMENDATION 22.7 Mr. Lloyd Patterson, Chairman of the Pollution Control and Energy Commission, proposed that the Committee have Board approval to collect information for evaluation 22 1 1 i N U 23 of problem areas in the City and growth area which might be particularly sensitive to development. Patterson said much of the needed information was already com- piled and available from various sources at no cost. He believed the Planning Commission would find the information valuable in determining sensitive areas of the City in which development might occur. He said the information could be com- piled at no expense but that interpretation of the information might involve some expense which would have to be approved by the Board. Director Malone cautioned that the jurisdiction of any other City commission or board not be bypassed and that any recommendations regarding zoning or restric- tions should be left to the authority of the Planning Commission. Since the proposed project would not involve expenditure of funds, Director Noland, seconded by Orton, moved the Pollution Control Committee be authorized to proceed with designation of ecologically sensitive areas within the City and the growth area. The motion was seconded by Orton and the recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland, Hughes Nays: None The motion was declared passed. 23.1 23.2 BRIDGE CONSTRUCTION COST PARTICIPATION - Old Wire Road North Subdivision Developers of the Old Wire Road North Subdivision had requested cost participa- 23.3 tion from the City for construction of a bridge on Stewart Street which they felt would meet criteria for City cost participation. The Administrative Aide stated that the Administrative staff did not feel that the bridge would meet criteria of the cost participation policy since it would not enhance general traffic flow or provision of fire and police protection services. McWethy advised that the bridge would also serve two cul de sac streets. Mr. Neal Albright was present to represent the request and stated that the 23.4 bridge was located on a street which would eventually accommodate traffic between Old Wire Road and Winwood and Highway 45. McWethy believed, however, that the Township Road extension would probably occur before extension of Stewart Street and that the City would apply funds to construction of a bridge on Township. Director Orton moved that the Board accept the staff recommendation and deny 23.5 the request for participation. The motion was seconded by Todd and the recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland, Hughes Nays: None The motion was declared passed. ORDINANCE INCREASING COURT FEES The City Attorney advised that the City Prosecuting Attorney had requested 23.6 a salary increase due to substantial increases in his work load. If the Board chose to increase the salary, the City Attorney advised consideration of an additional court cost levy to help defray the salary increase and incidental expenses. Director Malone noted that the City might be approaching a point that would 23.7 require hiring a full-time prosecutor who would be allowed to maintain a limited private practice. If the request to increase the salary is approved, Malone felt the Board should consider that possibility at budget time. During lengthy dis- cussion, the Board discussed the collection of fines levied by the court and con- curred that improvements could be made. The City Attorney read for the first time an ordinance to increase the court 23.8 cost fees and to increase the prosecutor's salary. The ordinance contained an emergency clause. 23 24 24.1 During discussion, Director Orton questioned the necessity for providing for the salary increase in an ordinance which increases court fees. Director Todd, who stated he realized the City was losing money in the operation of the court, did not favor the City getting into the position of making money off of people who go through municipal court. 24.2 Following discussion, Director Malone moved the ordinance be amended by striking reference to application of the fees to the prosecutor's salary, and by adding a provision that the collections shall be paid to the City Controller for deposit into the General Fund. He also moved that the section providing for the prosecutor's salary increase be deleted and that the wording of the emergency clause be amended. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Noland, Hughes Nays: None Abstain: Todd The motion was declared passed and the ordinance amended. 24.3 Director Hughes, seconded by Colwell, moved rules be suspended and the ordi- nance placed on second reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Noland, Hughes Nays: None Abstain: Todd The motion was declared passed and the ordinance was read the second time. 24.4 Director Malone, seconded by Orton, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Noland, Hughes Nays: None Abstain: Todd The motion was declared passed and the ordinance was read the third and final time. 24.5 There being no further discussion, the Mayor asked if the ordinance should pass as amended. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Noland, Hughes Nays: None Abstain: Todd The Mayor declared the ordinance passed. No vote was taken on adoption of the emergency clause. ORDINANCE NO. 2352 APPEARS ON PAGE 277 OF ORDINANCE & RESOLUTION BOOK V Director Orton, seconded by Hughes, moved the prosecuting attorney salary be increased to $1,000 per month effective July 1, 1977. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Noland, Hughes Nays: None Abstain: Todd AWARD OF BID - Hwy 265/Lovers Lane sewer 24.6 The staff recommended award of bid for installation of sewer lines in the areas of Haisell and Sang Avenues and Highway 265 and Lovers Lane to Braun Construc- tion of Seymour, Missouri. The low bid, with alternate (use of ductile iron rather than cast iron), was for $378,122.20 and excluded engineering costs. 24.7 Director Todd believed that, by approving the Highway 265 portion, the City would be making a conscious decision to branch out rather than maintaining the health of the established areas within the City. Director Orton agreed with Todd and further stated that the City should not be extending the sewer into the newer subdivisions. Todd suggested the Board, at budget time, consider the areas of town still without sewer service. He also suggested the City repair the street cuts,rather than the contractbr,in order to decrease some of the cost of the projects. 24.8 Director Hughes, seconded by Director Malone, moved the recommendation be approved. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Hughes Nays: None Abstain: Noland The motion was declared passed. 24 REVIEW OF BOARD POLICIES Director Orton had requested a review, modification, and confirmation of Certain City policies for the purpose of later assembling them into an informa- tional booklet for use by citizens and new directors. Director Noland, seconded by Hughes, moved the request be tabled until the next regular meeting. During discussion, Director Malone felt it would be desire - able to let the City Manager or member of the staff to check with other Arkansas cities similar to Fayetteville and develop overall comprehensive policies. Director .Orton stated that the City MMlanager�had had the policies fpr review but het -felt policies pertaining to internal operations of the Board spud oe considered and,tnataaiprobiemtin m�aakingaa�reccommmendationn is9that The Administrative thetpoliciesihadsnote been formally adopted and that some procedures had been considered as policy but (� ,not adopted as such. Director Todd believed that it was recognized that the Board 10 has a comprehensive set of policies for internal Board operation. He did not V think the task of compiling the policies should be required of the City Manager. QDirector Orton felt the Board, a policy making body, should have its policies 25.4 written down to avoid or resolve misunderstandings which might arise. She felt the written policies would be most helpful for new board members. Director Malone moved the Mayor appoint a committee of Directors Todd, Colwell, and Malone to draw internal operating policies for the Board of Directors. The motion was seconded by Hughes and the recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland, Hughes Nays: None The motion was declared passed. 25 25.1 25.2 25.3 1 BOTHER BUSINESS 1. The Administrative Aide announced that a Water and Sewer committee meeting would be held June 27 at 3 p.m. 2. The Board concurred that they consider appointment of a successor to fill Position 7 upon resignation of Director Orton effective July 31, 1977. Director Todd requested the Board be supplied with necessary materials and information, particularly plans, for proposed "cosmetic" work for the downtown square area. He said it was indicated at the last CD meeting that the City would be requested to appropriate $130,000 for the work and he be- lieved the Board needed the information to make a logical decision. ADJOURNMENT There being no further business, and upon motion by Colwell and second by Hughes, the Mayor declared the meeting adjourned. ATTEST: IIA LENE WESTBROOK, City Clerk 25 APPROVED: Lne f 4,- ERNEST E. L NCASTER, Mayor 25.5 25.6 25.7 25.8 25.9