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HomeMy WebLinkAbout1977-12-06 MinutesMINUTES OF A MEETING OF THE BOARD OF DIRECTORS December 6, 1977 129 The Fayetteville City Board of Directors met in regular session on December 6, 1977, at 7:30 p.m., in the Board Room of the City Administration Building. (U PRESENT: City Manager Don Grimes, City Attorney Jim McCord, City Clerk Darlene CO Westbrook; and Directors Ernest Lancaster, John Todd, Paul Noland, Al Hughes, David Malone, Philip Colwell, and Ann Henry. QABSENT: None Q OTHERS PRESENT: Members of the audience and represnetatives of the news media. i CALL TO ORDER Mayor Ernest Lancaster called the meeting to order. Following a moment of 129.1 respectful silence and roll call, the Mayor called for consideration of the first item of business. RURAL WATER SERVICE - Harmon and Steele Communities The City Manager explained that the City of Fayetteville had, for the last 129.2 two years, contracted with Sunray Sanitation for landfill services at an existing site located west of Springdale. With limited space remaining at the existing site, Sunray Sanitation had made application for a site permit in the area of the Harmon and Steele communities. A recent hearing held by the Pollution Control Commission was attendedtby the City Manager who spoke in behalf of the permit applica- tion. Although the Department of Pollution Control and Ecology (DPCE) had approved the application, the Pollution Control Commission (PCC) was reluctant to approve the permit until Grimes made an unofficial commitment assuring that the residents of the area would be provided water service by the Cities of Fayetteville and Springdale should their water supplies become contaminated as a result of the landfill operation and Sunray Sanitation 'has ceased to exist. The issue before the Board at this time was whether or not to approve the letter of commitment to be officially submitted to the PCC. Attorney Rudy Moore, representing Concerned Citizens of the Steele community, 129.3 stated the problem was made unique because of the area'sgeoIiogical formation which the citizens considered to be inadequate to accommodate a landfill operation. Moore felt the site was of such uniqueness that it would require extraordinary engineering in order to properly establish a landfill. Noting that the area's water shed is into Clear Creek and ultimately into the Illinois River, Moore con- tended that animals and vegetation, as well as human water supplies, could possi- bly be contaminated. Moore said his clients had based their opposition upon technical data which he felt was sufficient to cause DPCE to express concern. Outlining the requests of his clients, Moore said the group was asking that 129.4 the proposed letter of commitment not be forwarded; that the City actively support 129 12/6/77 130 their efforts in seeking a rehearing of the permit application; that the matter be tabled until the next Board meeting at which they would raise questions which could not be resolved without further deliberation by the Board and its legal counsel; and that the Board consider other alternatives to the proposed site, including the reopening of the C & L Landfill site in Fayetteville. It was Moore's contention that the letter, as composed, would not supply the commitment which the PCC is seeking and encouraged the City to consult with DPCE to determine what would be required. In efforts to seek a rehearing, Moore said his clients will continue to oppose the issuance of the permit whether or not the permit is issued. His clients were asking the Board not to be a party to what he termed an unfair and potentially illegal commitment. 130.1 Noting that the commitment was not binding upon the City until Sunray Sanita- tion ceased to exist, Moore pointed out that Sunray was a corporation and would exist indefinitely until proper legal procedures were taken to dissolve the corpora- tion. He questioned terminology of the letter,particularly the words "proven" and "vicinity". In event of a lawsuit, which could take several months to conclude, he questioned what the residents would do for a water supply. He questioned if the City realized what obligations it might be placing upon itself by using the term, "vicinity". Moore believed the City could not obligate Rural Development Authority (RDA) to extend their lines without a contract agreement to that effect. He questioned authority of the City to make a commitment of future expenditures and whether or not the City could spend tax revenues for water lines outside City limits and planning jurisdictions for ise by non-residents of the City. The residents were not unsympathetic to the solid waste disposal situation, Moore said, and urged the Board to find a solution. Although his clients were not trying to create a crisis in regard to solid waste disposal, he said his clients would not be apologetic for contributing to a crisis which might activate govern- mental units to seek a long-term solution. 130.2 Director Noland acknowledged that the Board had known two years ago that Sun- ray Sanitation would be seeking a permit for the additional site. Efforts were made to join with the County in establishing an incineration unit but the cost for incineration was beyond comparability to that of landfilling. Even though incinerators are becoming more economically feasible, Noland stated that, at that time, existing incinerators werestill in experimental stages and it was not felt the City should be a "guinea pig" for such an expensive operation. Noland was not concerned about extending water lines outside the City since the extensions would be necessary to fulfill demands of Fayetteville residents for provision of sanitation service. In response to Moore's question of the use of the word "vicinity", the City Manager stated the term would mean an area between the landfill and Clear Creek, downstream toward the low point. He did not feel the term should apply to areas upstream since the possibilities would be remote that contamination could occur upstream from the landfill operation. Grimes reported he had consulted authorities of RDA who indicated there would be no problem in extending the line. Also, Grimes informed that the RDA contract provided the City could, with RDA permission, serve customers in the RDA area. 130.3 Director Todd noted that the DPCE staff had approved the permit and that the staff would seem to have regard for the interests of the people of the state. He was convinced that the City, in the long run, should seek a solution and hope the current issue would stimulate governmental units to cooperate in seeking a solution. He did not believe an incineration system would be viable as an immediate alternative since it would require two years to put into operation. 130.4 The City Attorney advised the Board that the proposed letter of commitment did not appear to be illegal or ultra vires. He stated he did not share Moore's 130 - Y• 112/ 177 concern for the legal questions posed by Moore. He stated the City could establish procedures for settling tort o1aims against the Cily and that such procedures should be set out explicitly and approved by the Board. Director Noland moved the proposed letter, including revisions recommended 131.1 by the City Manager and City Attorney, be submitted to the DPCE. The motion was seconded by Todd. During further discussion, Grimes reiterated the City's basic position that Sunray Sanitation would be held liable for resulting pollution so long as the corporation is in existence even though the landfill is closed and the company operates elsewhere. The City Attorney recommended the item be tabled to allow confirmation of DPCE requirements for the letter of commitment,. Directors Noland and Todd withdrew their motion and second., Director Colwell did not favor tabling the matter and felt valuable time 131.2 (V would be wasted. He reasoned that DPCE would reject the letter of commitment CO if it did not comply with their requirements. The City Manager agreed and further LO stated that a delay would provide the citizens group with another "shot" at the U PCC which could result in the City having no solid waste disposal service. Mayor Lancaster emphasized that the City is not in the landfill business; rather, that a private contractor engages in the landfill business and holds a permit for his Q operation. Director Noland moved again to approve submission of the letter (as revised). 131.3 The motion was seconded by Todd. Director Henry expressed concern that the citi- zens would have no alternative water supply should their supplies become contaminated during operations of the landfill. The Mayor asked if the motion should pass and the recorded vote was: Ayes: Lancaster, Colwell, Todd, Noland, Hughes, Malone Nays: Henry The motion was declared passed. (NOTE: The letter of commitment, as revised, appears below as a part of the record) December 7, 1977 State of Arkansas Department of Pollution Control and Ecology 8001 National Drive Little Rock, Arkansas 72209 Re: Application for Landfill Permit - Sunray Sanitation, Inc., Springdale, Arkansas Gentlemen: This is to serve as a letter of commitment from the City of Fayetteville, Arkansas, for the provision of water service lines to serve rural residents in the area of the proposed Sunray Sanitation landfill near the Steele and Harmon communities as proposed to the Pollution Control Commission by City Manager Don Grimes on November 18, 1977. The City of Fayetteville agrees to pay its pro rata share (up to one-half) of the costs of providing water service lines on the Rural Development Authority System with the City of Springdale and otherlandfill users paying the balance, subject to the follow- ing conditions: 131 12/6/77 132 1. Only rural residents in the vicinity of the proposed sanitary landfill whose wells are tested and are shown to be uncontaminated (good for human consumption) prior to the beginning of landfill operations shall be considered for the extension of water lines. 2. The City of Fayetteville shall be responsible for extending water lines only if Sunray Sanitation, Inc. is no longer in existence and then only if it has been proven that the well, or wells, were contaminated (water rendered unfit for human consumption) by the landfill operation. 3. If it should become necessary to extend water lines as outlined above, the water lines will be extended in or adjacent to the public roadways which provide access to the property. In the event of unusual cir- cumstances, part of the cost of providing yard lines may be authorized. In all cases, water service shall be paid for at the rates in existence on the Rural Development Authority water system at that time. This letter of commitment was authorized by the Fayetteville City Board of Directors at their regular meeting held on December 6, 1977. DLG/lk Sincerely yours, /s/ Donald L. Grimes City Manager SANITARY LANDFILL CONTRACT - Sunray Sanitation 132.1 The contract would provide for landfill services for a two-year period beginning April 15, 1978. The City Attorney advised that the contract was written in accordance with bid specifications and that it would include provision of service at the addi- tional site which has received a conditional permit for operation. McCord advised of the City Manager's recommendation that the contract provide that Sunray could disapprove the contract within 120 days written notice if the conditional permit is withdrawn or disapproved. The City Attorney read a resolution to authorize execution of the contract. 132.2 During discussion, Sunray manager Carl Carpenter answered questions from the Board. He informed the Board that efforts are currently being made to extend the permit for the existing site. Carpenter said the contract would not provide establish- ment of a Fayetteville transfer station but advised that Fayetteville citizens could use the Springdale transfer station. Although he accommodates Fayetteville citizens who bring their trash to the landfill, but prefers to discourage them from coming to the site in order to limit traffic and avoid littering highways. Carpenter assured the Board that the equipment placed as surety bond was clear of other claims. The City Manager stated the value of the equipment had been verified at the time of the original contract but that it had not been checked recently. 132.3 Director Todd stated he construed the contract as obligating Sunray to provide service to the University of Arkansas. The City Manager explained that the Universit had been included in the bid request. Carpenter stated there is no existing contract with the University and that he did not wish to contract with them on the basis of his bid alone. Carpenter then expressed disappointment with the University 1 132 12/6/77 133 because of lack of support and assistance for his operations. He complained that University professors had appeared in opposition to his application. He felt he was being overregulated almost entirely because of opposition furnished by North- west Arkansas residents and not because of site inadequacies. Directors Todd and Malone emphasized that individual University personnel 133.1 did not appear in opposition to the permit as representatives of the University. They did not feel the University should be ignored in regard to disposal services. Director Todd felt moral issues should be of concern if attempts were made to curb someone from speaking out. Director Colwell moved the proposed contract be amended to remove reference to 133.2 the University of Arkansas. His motion was withdrawn when the City Attorney advised that the bid specifications, not the contract, made reference to the University. City Manager Grimes reiterated that the University was included in the bid at their CO request and as a courtesy. The Directors stated they did not have the authority to accept a bid or enter into a contract for theUniversity. U Director Hughes, seconded by Malone, moved approval of the contract. The 133.3 Q recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Q Nays: None The motion was declared passed. RESOLUTION NO. 99-77 APPEARS ON PAGE 221 OF ORDINANCE & RESOLUTION BOOK V RIGHT-OF-WAY DEDICATION ACCEPTANCE REQUEST - Zion Road In behalf of Doctors Bob Brandon and Ely Brooks, Northwest Engineers had 133.4 requested the City accept street right-of-way along Zion Road in conjunction with proposed construction of a medical clinic. Ervan Wimberly, Northwest Engineers, explained that the doctors wish to 133.5 develop only a portion of the larger tract at this time but that the entire tract would eventually be developed. Wimberly said his clients were reluctant to file a large scale development at this time since they are not ready to install all improvements. Acceptance of the dedication would provide expediency for their project, Wimberly stated. Wimberly assured the Board that his clients were not trying to avert any requirements and said they would be willing to execute a letter assuring they will eventually connect the driveway with the south property line. Director Noland felt the right-of-way would be desirable and would provide 133.6 for a connection of Zion Road with Stearns Road. Some of the Directors were concerned that Board action would constitute a bypass of Planning Commission functions. Wimberly noted that he was advised to appear before the Board since it was not clear to which body his request should be made. The City Attorney clarified that, in order to obtain a building permit, the 133.7 structure has to have public street frontage. In order to secure that frontage without having to file large scale development plans, the Board was being requested to accept the dedication at this time. Director Henry, seconded by Colwell, moved to accept the right-of-way. The 133.8 recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed. r RESOLUTION NO. 100-77 APPEARS ON PAGE 222 OF ORDINANCE & RESOLUTION BOOK V 133 12/6/77 134 ORDINANCE REZONING PROPERTY - R77-44/ Township Road / Dr. and Mrs. William Murray 134.1 Petitioners had requested rezoning a three -acre tract, located on the northeast corner of West Township and Johnson Road, from A-1 Agriculture to C-2 Thoroughfare Commercial. The City Attorney read an ordinance to rezone the property as requested in the petition and approved by the Planning Commission. 134.2 Director Hughes, seconded by Colwell, moved rules be suspended and the ordi- nance placed on second reading. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed and the ordinance was read the second time. 134.3 Director Colwell, seconded by Todd, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed and the ordinance was read the third and final time. 134.4 There being no discussion, the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2400 APPEARS ON PAGE 345 OF ORDINANCE & RESOLUTION BOOK V REZONING APPEAL - R77-46 / Leverett & Sycamore Streets / Charles & Robert Nickle 134.5 Appellants had requested an appeal of a Planning Commission denial to rezone a .24 acre tract, located on the northeast corner of Leverett Avenue and Sycamore Street, from R-2 Medium Density Residential to C-2 Thoroughfare Commercial. 134.6 The City Manager informed the Board that the appellant's counsel had with- drawn the appeal. SEWER SERVICE REQUEST - 124 West Meadow 134.7 Mrs. Elizabeth Prado had requested an additional sewer tap to accommodate a basement restroom in her home located at 124 West Meadow. 134.8 The City Manager reported to the Board that the City had provided Mrs. Prado three alternatives. He said he could not recommend that the City dig up Church Street to install the tap Mrs. Prado requested. One alternative was that a lift pump be installed at the residence to facilitate use of the existing line. Two other alternatives would provide service to the north of her property, one of which would require acquisition of easements. 134.9 Mrs. Prado told the Board that the existing sewer line is a continuing problem in that it malfunctions and emits odors. She did not favor installation of a pump since she felt it would be too costly and would require maintenance. She stated she was reluctant to request easements from her neighbors to allow her to tap onto the sewer to the north and was afraid the easements would be too costly. 134.10 Following discussion, Director Malone moved to authorize a tap to the sewer north of Mrs. Prado's property provided the necessary easements could be acquired by Mrs. Prado; also, that the City right-of-way agent be authorized to assist in the negotiation of the easement which would be necessary for installation and maintenance of the line. He did not intend his motion to include authorization for the agent to offer any compensation for the easement. The motion was seconded 134 1 1 12/6/77 135 by Director Hughes and the recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed. ORDINANCE LEVYING STREET IMPROVEMENT DISTRICT ASSESSMENTS - Old Farmington Road (76-1) The City Attorney read an ordinance levying assessments to parcels within 135.1 Street Improvement District 76-1 (Old Farmington Road). The City Attorney noted that notice had been published notifying the assessments had been filed with the City Clerk. No appeals of assessments had been filed, he advised. Director Malone, seconded by Hughes, moved rules be suspended and the ordi- 135.2 N Hance placed on second reading. The recorded vote was: (Y) Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone () Nays: None U The motion was declared passed and the ordinance was read the second time. QDirector Hughes, seconded by Malone, moved rules be further suspended and the 135.3 ordinance placed on third and final reading. The recorded vote was: Q Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed and the ordinance was read the third and final time. There being no discussion, the Mayor asked if the ordinance should pass. The 135.4 recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2401 APPEARS ON PAGE 346 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION APPROVING COMMUNITY DEVELOPMENT PROGRAM ADJUSTMENTS - 1976 Program CD Administrator Charles Hoffman explained that adjustments were necessary 135.5 to the 1976 CD street program to compensate for line item cost overruns and underruns. Hoffman advised that the adjustments were also necessary in order to conform with audit requirements. The City Attorney read a resolution to authorize the adjustments. Director 135.6 Noland, seconded by Malone, moved acceptance of the resolution. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed. RESOLUTION 101-77 APPEARS ON WAGE 223 OF ORDINANCE & RESOLUTION BOOK V STORER STREET In a related item, Director Todd noted that minutes of a recent CD committee meeting indicated that Storer Street is no longer being considered for the 1977 program and asked who had advised the committee not to consider it for the program. Hoffman replied he.could let the committee know that, in anticipation of the com- pletion of the North Street project, the Board desires the committee to consider including Storer Street as a street project. Director Malone, seconded by Todd, moved that the CD Committee be informed of the Board's continued interest for improvements to Storer and that the $15,412 135 135.7 135.8 12/6/77 136 savings from the 1976 program be considered for The Mayor asked if the motion should pass. The Ayes: Lancaster, Colwell, Henry, Todd, Noland, Nays: None The motion was declared passed. application toward the project. recorded vote was: Hughes, Malone RESOLUTION AUTHORIZING MAINTENANCE AND TAPPING AGREEMENT - City of Elkins 136.1 The Board Water and Sewer Committee had recommended the City agree to main- tain and tap those portions of the Elkins water system which are constructed of cast iron pipe. Maintenance is to be restricted to existing cast iron pipe. Director Todd desired the agreement be amended to provide that taps would be made so long as the customer is on public sewer or has a minimum lot size of 1.5 acres. He did not feel the City should encourage development in a neighboring town which has a water service policy contrary to Fayetteville's. He did not feel City employees should perform work which is contrary to policies adopted for inside -city functions. Malone felt the City should honor its existing contract obligations and not place additional requirements until a time for contract renewal. 136.2 The City Attorney read a resolution to authorize the tapping agreement. The Board emphasized that the City would make taps only for cast iron pipe. Director Noland, seconded by Hughes, moved adoption of the resolution. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The Mayor declared the resolution passed. RESOLUTION NO. 102-77 APPEARS ON PAGE 224 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION AUTHORIZING WATER PURCHASE CONTRACT MODIFICATION - City of Elkins 136.3 The City Attorney read a resolution to modify the existing Elkins water purchase contract to provide for maintenance of cast iron pipe by the City of Fayetteville. Director Malone, seconded by Henry, moved the resolution be adopted. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The Mayor declared the resolution passed. RESOLUTION NO. 103-77 APPEARS ON PAGE 225 OF ORDINANCE & RESOLUTION BOOK V ARCHITECT CONTRACT MODIFICATION - Drake Field Terminal 136.4 The City Manager explained that the original contract for architect services for the Drake Field Terminal had been authorized subject to FAA modifications. The City Attorney informed that most modifications were minor but that FAA re- quired substantial modification to delete provisions for fees based on multipliers. McCord said FAA required the agreement be amended to provide that the City would be billed for consultant services at the same rate as the architect would be billed. Also, that multipliers in determining employee costs be deleted and the architect named as the principal. 136.5 During discussion, Directors questioned the proposed employee rate schedule and felt clerical personnel rates to be excessive. Director Malone, seconded by Noland, moved the item be tabled to permit negotiation with the architect in 136 1 regard to proposed employee costs. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed. 12/6/77 137 ORDINANCE PLEDGING OFF-STREET PARKING METER REVENUES Off -Street Parking Development District One had requested an ordinance 137.1 which would pledge revenues from certain off-street parking meters to help retire bonds of the district. The City Manager reported he had met jointly with Board of Improvement member 137.2 Garland Melton and legal counsel Richard Osborne, and Pat Tobin, City Controller. (V Their discussion focused on the meter revenues and costs that are involved in (Y) policing and maintaining the off-street parking lots. A gross revenue estimate from the parking meters had been determined by deducting from gross meter receipts V all City costs applicable to off-street parking lots. He desired depreciation ex- pense figures to remain flexible. Director Malone reported that an ad hoc committee appointed by the Mayor at 137.3 Q the November 1, 1977 meeting had not made a firm recommendation as to what should be done. Several alternatives had been discussed, one of which was the pledge of revenues. He said they also talked informally of possibilities of transferring City -owned lots to the district, removing all parking meters from off-street lots, and allowing the district to assume, at its expense, maintenance of the lots. Although the committee had not formulated a recommendation, Malone felt the matter should be resolved prior to the new year. The transferral of the lots would be conditional upon the lots providing free parking, Malone advised. II/The City Attorney informed the Board that, since revenues from assessments 137.4 could not be utilized to maintain the lots, an additional maintenance assessment would have to be made. Director Henry did not feel free parking should be avail- able on.the square unless it was with the understanding the merchants would dis- courage use of the spaces by employees. Melton presented the Board with petitions which included signatures of persons 137.5 employed in the downtown area who "promise to park our personal automobiles off the Square so that convenient parking will be available on the Square" and who "request consideration be given to providing unmetered parking on the Square". Melton told the Board the proposal to remove meters from the square was made with the idea of retaining aesthetic atmosphere created by recent improvements. He felt the revenues from the square's meters could be recouped through increased enforcement efforts. Director Todd, however, felt that revenues might decrease with alienation of downtown patrons. Director Malone moved the ordinance be amended to pledge net revenues for 137.6 one year. The one-year period would, Malone believed, allow completion of construc- tion and provide insight as to the affect of free square parking upon off-street lots. The motion was seconded by Noland and the recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The City Attorney read an ordinance to authorize the pledge of net revenues. Director Malone, seconded by Noland, moved rules be suspended and the ordi- 137.7 nance placed on second reading. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed and the ordinance was read the second time. 137 12/6/77 138 138.1 Director Hughes, seconded by Colwell, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone 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 pass. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2402 APPEARS ON PAGE 347 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE AMENDING CODE TO DELETE DOWNTOWN SQUARE FROM PARKING METER ZONE 138.2 In order to delete metered parking from the square, the City Attorney in- formed an ordinance would be required to amend the City's parking meter zones. The City Attorney read an ordinance to amend the Code to delete the downtown square from the parking meter zone. Director Hughes, seconded by Malone, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Lancaster, Henry, Todd, Noland, Hughes, Malone Nays: Colwell The motion was declared passed and the ordinance was read the second time. 138.3 Director Malone, seconded by Noland, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Lancaster, Henry, Todd, Noland, Hughes, Malone Nays: Colwell The motion was declared passed and the ordinance was read the third and final time. 138.4 There being no further discussion, the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Lancaster, Henry, Todd, Noland,Hughes, Malone Nays: Colwell The Mayor declared the ordinance passed. ORDINANCE NO. 2403 APPEARS ON PAGE 348 OF ORDINANCE & RESOLUTION BOOK V 138.5 Director Malone stated he understood that on -street meters and meters on side streets of the square would be reinstalled and made operable. He recommended the City Manager inventory off-street meters and recommend disposition of the meters once the off-street lots are purchased by the district. APPOINTMENTS TO COMMITTEES AND COMMISSIONS TERMS OF OFFICE ALTERED 138.6 Director Todd, Chairman of the Board Nominating Committee, reported the City Hospital Board of Trustees requested the members' terms be changed from ten-year terms to staggered terms of four years. They also requested that the term expira- tion of Dr. Joe B. Hall be changed to January 1, 1982. Director Todd, seconded by Hughes, moved the recommendation be accepted. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed. 138 1 1 1 1 12/6/77 139 The Nominating Committee also recommended that terms of Planning Commissioners 139.1 be changed from six to four years. New term expirations would be as follows: Commissioners Anderson, Jacks, and Newhouse January 1, 1981 Commissioners Davis, Power, and Kisor January 1, 1980 Three appointees January 1, 1982 The City Attorney read an ordinance to amend the terms of Planning Commis- 139.2 sinners as recommended. Director Hughes, seconded by Colwell, moved rules be suspended and the ordinance read the second time. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed and the ordinance was read the second time. Director Todd, seconded by Colwell, moved rules be further suspended and the 139.3 ordinance placed on third and final reading. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed and the ordinance was read the third and final time. There being no discussion, the Mayor asked if the ordinance should pass. 139.4 The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2404 APPEARS ON PAGE 349 OF ORDINANCE & RESOLUTION BOOK V In order to provide staggered terms, Director Hughes moved to reduce the terms 139.5 of Commissioners Anderson, Jacks, and Newhouse to expire January 1, 1981. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed. NORTHWEST ARKANSAS CULTURAL CENTER BOARD OF1RUSTEES Director Todd moved the nomination of Helen Leflar and Diane Whitaker for appointment to the Northwest Arkansas Cultural Center Board of Trustees to fill unexpired terms of Nita Jacks and Betty Lighton. The terms would expire April 1, 1978. There being no further nominations, the Mayor asked if the nominations should be accepted. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed. CITY HOSPITAL BOARD OF TRUSTEES Director Todd, seconded by Malone, moved the nominations of Alsey Hol Ellen Mennen, and John Lewis for appointmentto the City Hospital Board of for terms to expire January 1, 1979; January 1, 1980; and January 1, 1981 There being no further nominations, the Mayor asked if the motion should p recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed. 139 land, Trustees respectively. ass. The 139.6 139.7 12/6/77 140 COMIIUNITY DEVELOPMENT COMMITTEE 140.1 Director Todd, seconded by Henry, moved the nomination of 'larcia Mclvor and Jerome Rephan for appointment to unexpired terms of Frank Sharp and L. M. McGoodwin. The terms would expire July 1, 1979. There being no further nomina- tions, the Mayor asked if for nominations should be accepted. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed. PARKS AND RECREATION ADVISORY BOARD 140.2 Director Todd, seconded by Colwell, moved the nomination of James Gibson, George "Skip" Holland, Jerry Marshall, and Brock Watson for terms expiring January 1, 1980. There being no further nominations, the Mayor asked if the nomina- tions should be accepted. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed. PLANNING COIIMISSION 140.3 Director Todd, seconded by Henry,noved nomination of Elizabeth Gitelman, and Newton Hailey for appointment to the Planning Commissi to expire January 1, 1982. There being no further nominations, the the nominations should be accepted. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed. NORTHWEST ARKANSAS CRIMINAL JUSTICE COUNCIL Crocker, Mort on for terms Mayor asked if 140.4 Director Hughes, seconded by Noland, moved the nomination of Director Henry for appointment to the Northwest Arkansas Criminal Justice Council to fulfill the term of past director Marion Orton. The recorded vote was: Ayes: Lancaster, Colwell, Todd, Noland, Hughes, Malone Nays: None Abstain: Henry The motion was declared passed. AWARD OF BIDS BID 362 - Tires and Tubes Contract 140.5 The City Manager recommended bids for tires and tubes on a contract basis to expire November 30, 1978, be awarded to low bidders for each size. A motion to accept the Manager's recommendation was made by Malone and seconded by Hughes. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed. WATER AND SEWER PROJECTS - Cato Springs Road & Baldwin Community 140.6 The City Manager recommended award of bid for water and sewer projects to Braun Excavating Company, Seymour, Missouri; in the amount of $300,183 90. The projects would include installation of a 24 -inch water line from Cato Springs 140 1 1 Road to 18th Street and installation of sewers in the Baldwin community area. The projects would be funded through the Water and Sewer Construction fund. Grimes explained that the projects were originally a part of the HUD and Urgent Needs projects but were deleted. Director Malone, seconded by Henry, moved the acceptance of the Manager's recommendation. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed. OTHER BUSINESS 12/6/77 141 (v GREENLAND WATER LINE REPLACEMENT CO The City Manager recommended the replacement of an 8 -inch water line along U Wilson Street in the City of Greenland. Grimes assured the Board the project would not include "going up the mountain". Director Noland, seconded by Henry, C moved the recommendation be approved and construction commenced as soon as possible. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed. r AIRPORT RESTAURANT FACILITIES The City Manager brought to the Board's attention the proposal by Arkansas Fats Gourmet Sandwich Shoppes, Inc., to establish a temporary restaurant facility at Drake Field. Of the advantages, Grimes felt the facility would help relieve the crowded terminal and would allow removal of vending machines in the terminal to provide additionalspace for the fixed base operator. He said the facility would be temporary with the understanding that proposals would be invited from other sources when the new terminal is completed. Of disadvantages, Grimes informed that utilities would have to be installed and/or relocated. Also, criticism would probably be generated by local restaurant owners who would claim they had no opportunity to make a proposal for food service. Director Hughes moved the City delay approval of temporary food service and wait for installation of food service facilities until the new terminal is con- structed. Director Todd was concerned that prices would be excessive. Director Noland believed local business should have opportunity to submit proposals. The Directors expressed strong objections to a temporary facility having a beer permit and emphasized that no temporary facility would be allowed to operate with a beer permit. Director Malone believed the City should invite proposals for the temporary food service. Proposals should include pricing information, hours of operation, and type of food service. Malone said it should be understood that buildings are to be temporary and furnished by the company submitting the proposal. The City Manager stated he would try to have the proposals back in the first week in January. AIRPORT TERMINAL DESIGN AND FLOOR PLANS Director Hughes asked when the Board would have opportunity to discuss design and floor plans of the proposed terminal. The Airport Manager stated he had met recently with representatives of the airlines. Since each airline prefers to have a choice location to accommodate 141 141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 12/6/77 142 air freight, delays in floor plans were anticipated by the Airport Manager until the airlines could reach an accord as to the location of their facilities. Each airline had been requested bythe Airport Manager to submit written statements of their refusal to submit bids for the space available. Director Noland stated the primary concern should be passenger service and not freight service. CAMPAIGN VIOLATION ALLEGATION 1 142.1 Director Todd asked what response the Parks and Advisory Board had given to editorials appearing in an area paper which contended the Advisory Board had violated cam- paign requirements during the recent bond election. The City Manager stated the Board claimed to have detailed records of receipts and expenditures and said it would behoove the paper's representatives to contact the Advisory Board chairman. Director Todd suggested a written report might be submitted to the Board. COMMUNITY DEVELOPMENT STREET PROJECTS 142.2 Director Todd referred to Resolution 32-77 which expresses the Board's desire that Community Development street improvement projects recommended by the City's Community Development Advisory Committee emphasize qualified streets that benefit the largest number of citizens so that Community Development street improvement projects may provide overall benefit to the greates number of the City's citizens. Director Todd then referred to recent minutes of the CD Street Committee which reflected that the CD Administrator had advised the committee in a manner which was contrary to the Board's adopted resolution. He felt the Board's resolution made clear the Board's desires so that the Committee should not have to spend time trying to determine what the Board will or will not accept. REZONING PETITION 142.3 Director Malone submitted a rezoning petition for consideration by the Planning Commission for rezoning of property located on Green Acres Road and lying along the eastern boundary of the P-1 zone. APPROVAL OF MINUTES 142.4 Director Hughes, seconded by Noland, moved the minutes of the November 15, 1977 meeting be approved as submitted. (Roll call vote was not taken) ADJOURNMENT 142.5 There being no further business for the Board's consideration, the Mayor de- clared the meeting adjourned. ATTEST: t -Le u 1 Darlene Westbrook, City Clerk 142 APPROVED: Ernest E. Lancaster, Mayor 1 1