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HomeMy WebLinkAbout1978-06-20 MinutesMINUTES OF A REGULAR SESSION OF THE BOARD OF DIRECTORS June 20, 1978 261 The Fayetteville City Board of Directors met in regular session on June 20, 1978; 7:30 p.m., in the Board Room of the City Administration Building. PRESENT: Directors Ernest Lancaster, John Todd, Paul Noland, Al Hughes, David Malone, Philip Colwell„ and Ann Henry (absent at roll call); City Manager (V Don Grimes, City Attorney Jim McCord, and City Clerk Darlene Westbrook CO ABSENT: None U OTHERS PRESENT: Members of the audience and representatives of the news media a Q CALL TO ORDER Mayor Ernest Lancaster called the meeting to order. Following a moment of respectful silence and roll call, the Mayor asked for consideration of the first item of business. i HOUSING REHABILITATION WAIVER REQUEST The request, first discussed during the June 6 meeting, had been made by Mrs. Annie Harvey who desired that Community Development Housing Assistance requirements be waived in regard to reimbursement of rehabilitation costs for improvements to property which is sold prior to a five-year period following the improvements. Director Malone noted that the Housing Assistance Plan Committee had met and that their recommendation that Mrs. Harvey be required to repay 80% of the original $700 grant seemed clear. He moved the Housing Assistance Plan Committee recommenda- tion be adopted. The motion was seconded by Director Todd and the recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell Nays: None Absent at roll call: Henry The motion was declared passed. Director Hughes, noting that the sale of the property had already been trans- acted prior to the waiver request, felt that a recommendation might be made to the Housing Assistance Plan Committee that procedures be established to avoid future similar situations. The City Attorney suggested that the rehabilitation contract documents could be recorded so that prospective purchasers of rehabilitated property would be put on notice of the rehabilitation agreement. Community Development Administrator Rick Mason said there are no current requirements that the documents be recorded. Director Hughes moved that rules be amended to require that an appropriate instrument be filed to alert potential buyers of the existence of a rehabilitation contract. Malone suggested that, rather than record the entire contract, perhaps a notice of the contract could be filed to warn prospective purchasers of the contract. He suggested the City Attorney prepare some type of notice for consideration at the next meeting. In response to Todd, Malone said he was agreeable with the text of Hughes' motion and that he would agree to allow the City Attorney discretion in the type of notice to be used. 261 261.1 261.2 261.3 261.4 261.5 6/20/78 262 262.1 Director Todd seconded Hughes' motion and the recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell Nays: None Abstain: Henry (arrived during discussion) The motion was declared passed. RESOLUTION AUTHORIZING EXECUTION OF SECTION VIII CONTRACT AMENDMENT 262.3 Fayetteville Housing Authority Administrator Chad Kumpe explained the contract change which would extend that entity's authority to administer an additional 72 units of housing under the City's Section VIII rent subsidy program. Kumpe advised the Board that the Section VIII program seemed to be a long-term federal commitment. Although landlords initially seemed reluctant to participate in the federally funded program, Kumpe said that landlords no longer seem hesitant to participate. Kumpe assured that rental units are inspected by his staff and must meet minimum housing standards. Should a landlord make substantial improvements to the unit, Kumpe said the landlord could request a renegotiation of the rental fee. City Manager Grimes expressed his preference for the Section VIII rent subsidy program over the public housing program. 262.4 Director Malone, seconded by Todd, recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Nays: None The motion was declared passed. RESOLUTION NO.36-78 APPEARS ON PAGE moved adoption of the resolution. The Lancaster, Colwell, Henry 144 OF ORDINANCE & RESOLUTION BOOK VI SIGN APPEAL - 225 North East Avenue / John W. Murry, Jr., petitioner 262.5 The petitioner had requested an appeal from the Sign Ordinance requirement that free-standing signs be setback 15 feet from street right-of-way to allow installation of a free standing sign 10 feet from street right-of-way. 262.6 Attorney A. D. McAllister was present in behalf of the petitioner and described the nature of the request and the type of sign proposed to be installed. The free-standing "butcherblock" sign would be lighted from the ground by spot lights, McAllister said. In order to meet the 15 -foot setback requirement, the sign would have to be erected in a planter box. A projecting sign from the building would not be suitable because of existing trees. McAllister said the primary business to be conducted would be the retail sale of bridal giftware such as china, cookware, etc. He did not anticipate that the business would engage primarily in bridal attire. 262.7 City Attorney McCord stated that the Planning Administrator had indicated her satisfaction that the type of business proposed to be conducted would not violate a bill of assurance stating that the property would be used for a bridal shop. Director Todd was concerned that the variance would allow a future business owner at the same location to erect additional signs. He said the Board was considering the variance based upon the current business owner's plans to erect only one sign but that the variance would apply to future businesses as well. The City Attorney advised that the variance would remain with the property but that conditional variances have been upheld in court. Todd stated that he would be inclined to stipulate that the variance would be granted so long as there would be no more than one sign. Director Colwell moved the variance be granted with the stipulation that noadditional signs will be allowed at this location. The motion was seconded by Henry and the re- corded vote was: Ayes: Todd, Noland, Hughes, Malone,Lancaster, Colwell, Henry Nays: None The motion was declared passed. 1 262 6/20/78 263 TRUST STREET PAVING Residents of Trust Street had requested the Board consider waiving street construction standards to allow paving of Trust Street. City Manager Grimes stated that, other than the fact it would constitute variation from current requirements, he saw no problems. He said he did not anti- cipate erosion problems since drainage diverts onto grassy areas. He said the residents are willing to pay the total paving cost. Director Malone questioned what "hard surface materials" were proposed to be used and whether or not a turn -around for sanitation and fire equipment would be provided. Grimes said he assumed the hard surface would be asphalt and that any- thing less than two-inch asphalt would be the maintenance responsibility of the (V residents. He felt the City should be more liberal towards requests to pave existing (Y) streets but that standards for new subdivision streets should be enforced. LO Director Malone moved the request be approved with the understanding that U two -inches of asphalt would be provided and something worked out on providing a turn -around. The motion was seconded by Hughes. Grimes added that the Street Super- intendent should be consulted regarding the street base if the residents expect the Q City to maintain the street. The recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Henry Nays: None The motion was declared passed. 1 263.1 263.2 263.3 263.4 COMMUNITY DEVELOPMENT BUDGET REVISIONS AUTHORIZED CD Administrator Rick Mason requested a resolution authorizing revisions to 263.5 the 1975, 1976,.and 1977 Community Development Block Grant budgets to reflect cost over- and underruns in various projects. It was also requested that a previous resolution which attempted to effect the budget revisions, be rescinded. Mason said the previous budget revisions allowed by Resolution 98-77 did not indicate where funds would be derived to make the adjustments. He said the revisions requested would take care of 1975 and 1976 overruns. The 1977 program administrative money was not received until late in November, Mason advised, thereby causing some 1977 administra- tive costs to be charged against the1976 program. He said half of the 1976 program is not complete and that relatively nothing has been started on the 1977 program. In regard to time limits for expenditure of funds, Mason said he was not aware if there is a mandate on fund expenditures. He believed the 1976 and 1977 programs could be completed within 6 months ( or progress well ) if the weather permits. Director Todd was concerned that HUD might withdraw funds or refuse reimburse- 263.6 ments because of failure to expend the funds or because some regulation might not have been followed. Mason said it was possible that some of the past projects could 44ued of eligiblesbut that no new projects were being started without compliance with HUD irec or Hughes was concerned that regular street projects not be delayed 263.7 because of CD projects which the Street Department might have scheduled to do. Director Malone felt the Board should make it clear that the Street Department is to complete regular Public Works projects before undertaking CD projects. Malone said the Street Superintendent had stated that CD might have to rely on a private contractor to complete CD street projects. Mason assured the directors that the City's general funds had not been used to operate the CD program. He said HUD had put a hold on some project funds but that administrative monies are allowed. Director Noland, seconded by Henry, moved adoption of the resolution authoriz- 263.8 ing the budget revisions. The recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Henry Nays: None The motion was declared passed. RESOLUTION NO. 37-78APPEARS ON PAGE 145 OF ORDINANCE & RESOLUTION BOOK VI 263 6/e7T APPOINTMENTS TO COMMITTEES 264.1 Director Todd reported that the Board Nominating Committee had met to recommend nominations for appointments to Community Development and Housing Assistance Plan. Committees and the Fayetteville Housing Authority Board of Trustees. COMMUNITY DEVELOPMENT COMMITTEES 264.2 In accordance with the committee's recommendation, Director Todd submitted the following nominations for appointments to the Community Development Committee: Reappointment of G. Wayne McClendon, Steve Anderson, and James L. Herring for three-year terms to expire July 1, 1981. Appointment of Ish C. Benton to a position previously held by RobertSavage for a three-year term to expire July 1, 1981. Appointment of Delvin Nation to fill a position previously held by George Gray for a three-year term to expire July 1, 1981. Appointment of Beverly Maddox to fill a position previously held by William R. West for a three-year term to expire July 1, 1981. Appointment of Terry D. Jones to fill a position previously held by Janice Petty for a two-year term to expire July 1, 1980 Appointment of George Tenery to fill unexpired term of Betty Cosby to expire July 1, 1979. 264.3 Director Todd then submitted the following nominations for appointments to the Housing Assistance Plan Committee: Reappointment of Charlie Fowler to a three-year term to expire July 1, 1981. Appointment of Jerry K. Stewart to a three-year term expiring July 1, 1981 to fill a position previously held by Mark Doyle. The Nominating Committee had also recommended that the Position previously held by J. D. Bradford on the Housing Assistance Plan Committee not be filled at this time. 264.4 Director Todd moved the nominations for Community Development and Housing Assistance Plan Committees be accepted. Director Hughes seconded the motion and the recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Henry Nays: None The motion was declared passed. 264.5 In accordance with the recommendation of the Nominating Committee, Director Todd moved the size of the Housing Assistance Plan Committee be reduced from 10 to 9 members to provide an uneven number of members. The recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Henry Nays: None The motion was declared passed. 1 FAYETTEVILLE HOUSING AUTHORITY BOARD OF TRUSTEES 264.6 Director Todd moved that Sherman Morgan be confirmed as appointee for a term on the Housing Authority Board of Trustees to expire January 1, 1983. The motion was seconded by Director Hughes and the recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Henry Nays: None The motion was declared passed. 264 1 6/20/78 265 In regards to revising term expirations of Housimg Authority Trustees to January 265.1 1, the City Attorney advised he would draft an ordinance to effect the change so that the Board could consider the change at the next meeting. AWARD OF BIDS BID 367 - WATER & SEWER DEPARTMENT CHEMICALS Purchasing Officer Sturman Mackey recommended award of bid to Ash Grove Cement 265.2 Company, Kansas City, Missouri; for hydrated pallatized lime at a bid price of .0264¢ per pound. Mackey explained that the contract would include an escalation clause but that the City Engineer estimated that the bid would be the low bid over N a 12 -month period even with a 10% inflation rate. (Y) A bid of .1136t per pound was recommended awarded to Thompson -Hayward for 265.3 liquid chlorine in 2,000 -pound cylinders. U Conservation Chemical was recommended for award of a bid for 100% Ferris 265.4 Q Chloride at a bid price of .135¢ per pound. Mackey explained that the Ash Grove escalation clause was tied to freight rates, 265.5 Q packaging, etc.; however, he felt the City could cancel the contract with 30 -day notice if the price gets too far out of line. He recommended that either he or the City Manager be authorized to cancel the contract if the price becomes too far out of line with the competitors. Mackey said all prices are FOB, Fayetteville Pollution Control Plant. Director Hughes, seconded by Henry, moved the bid award recommendations be 265.6 accepted. The recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Henry Nays: None The motion was declared passed. BID 368 - LIQUID OXYGEN The bid for liquid oxygen was recommended awarded to Denton Welding Supply of Fort Smith at a bid price of $1.10 per 100 cubic foot on a one-year contract. Mackey said the bid is in line with whatthe City has been paying during the last two years. Director Noland, seconded by Henry, moved the recommendation be accepted. The recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Henry Nays: None The motion was declared passed. OTHER BUSINESS RESOLUTION AUTHORIZING LEASE OF VEHICLE The City Manager requested authorization for a lease agreement between the City and the Council on Aging for a passenger van recently purchased by the City with Revenue Sharing funds. Grimes advised that the lease agreement had been prepared by the City Attorney. Director Todd, seconded by Hughes, moved adoption of a resolu- tion to authorize the lease. The recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Henry Nays: None Them motion was declared passed. RESOLUTION NO. 38-78APPEARS ON PAGE 148 OF ORDINANCE & RESOLUTION BOOK VI 268 265.7 265.8 6/20/78 266 MEETING DATE CHANGE 266.1 Noting that thenext regular meeting date would fall on the July 4 holiday, Director Noland moved the next regular meeting be held on July 5, 1978, at 7:30 p.m. The motion was seconded by Director Malone and the recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Henry Nays: None The motion was declared passed. FINANCE COMMITTEE REPORT 266.2 Chairman of the Board Finance Committee John Todd reported that the Committee had met with a delegation of the City Hospital who had advised that the hospital has stablized its operation on a current basis, had cut expenses, and was planning an expansion of nursing home beds which they felt would help them further. The same debt, and needs in regard to financial debt, still exist, Todd said. 266.3 Todd also reported the Committee had met with the City Controller and City Manager regarding the City's financial condition. Todd said the first quarter financial statements looked worse because of one particular transaction. He said the Committee will meet again following receipt of the second quarter report. CULTURAL CENTER 266.4 Director Hughes reported he had met with the Cultural Center Board of Trustees regarding their consideration of a lease -purchase agreement for the Ozark Theatre for use as an activities center. He said the trustees had advised of the expenses involved to repair the building to meet recommendations of the Fire and Inspection Department. He said the operation of the center would be estimated at $2,300 per month. He said he had advised them of his opinion that the group would not realize any return for their investment and that they might consider erecting a metal building on a lot which might be provided by the City. He said he was concerned that the trustees, a Board established by the City, was considering the $2,300 monthly expenditure without having any assurances of where the funds would come from. He also stated his concern that the Boardof Directors was not taking a strong interest or more supervisory position towards that Board -- particularly when they consider expending large amounts of money. 266.5 Director Noland recalled that the Board had established the Cultural Board of Trustees but had not authorized establishment of a center. Lancaster recalled the Board also had not authorized the trustees to bind the City finances in any way. Director Todd wondered whether it would be wise to purchase a building when a perform- ing arts center might be available in a few years. Malone acknowledged Todd's idea but felt a performing arts center would not provide ample space for conducting classes. Director Noland questioned whether or not the Board should take action to disassociate itselffrom any financial obligations the group might incur. 266.6 Director Hughes commended Mrs. Linda Welch for her efforts in behalf of the cultural center and stated he was not being critical of her efforts. He was concerned, however, that the trustees might look to the City for assistance in times of financial difficulties. STREET COMMITTEE REPORT 266.7 A recent meeting of the Board Street Committee resulted in adoption of a street project priorities list which was presented to the Board. In regard to the second priority, Director Malone said he did not favor four laning North Street as much as he was concerned about the structure of the slope. Lancaster mentioned 266 6/20/78 267 that the North Street four-laning could be important in conjunction with the four-laning of Gregg Avenue which would serve as a route to the 71 Bypass. Following discussion, Director Malone moved approval of the committee recommendations with the addition of the four-laning of Gregg Avenue from Spruce to North Street under the number one priority. The motion was seconded by Noland and the recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Henry Nays: None The motion was declared passed. The approved recommendations, as amended, are hereby made of record as follows: 267.1 The Street Committee of the Fayetteville City Board of Directors met in the City Board Room at 7:00 a.m. on Tuesday, June 20, 1978. The meeting (v was concluded at 9:00 a.m. As a result of this meeting the following recommen- dations are submitted for consideration by the City Board of Directors: � A. The Street Committee recommends establishment of a new priority list for use of Urban System Funds which are allocated to the City Q of Fayetteville. The recommended priorities are: Q 1. Gregg Avenue-fourlaning from Elm to Ash; Spruce to North. 2. North Street - four laning from Skull Creek Bridge to Gregg Avenue. 3. Razorback Road extension from Highway 62 West to Fifteenth Street. 4. Morningside Drive extension from Huntsville Road to Fletcher Avenue. 5. Gregg Avenue extension from Prospect Street to Douglas Avenue. 6. Stearns Street extension from Highway 71 to Highway 265. 7. Stearns Street extension from Highway 71 to Johnson Road. 8. Bridge construction across Mud Creek at the frontage road west of Highway 71. 9. Razorback Road extension from Fifteenth Street to Cato Springs Road. 10. University Avenue extension from Stone Street to Duncan Avenue. Following approval by the City Board of Directors, the City Manager is in- structed to _ the Arkansas State Highway Department and indicate to them that the City of Fayetteville is ready to proceed with the first three projects. B. As an additional Urban Systems project, the Street Committee recommends that 267.4 the City Manager and Street Superintendent be authorized to proceed with a project which will provide for new signalization at the intersection of Garland Avenue and Maple Street and widening along the north side of Maple Street from Garland Avenue to Lindell Avenue. The Street Superintendent should be authorized to proceed with the widening portion of the project by force account without the aid of Urban System Funds if necessary to com- plete the project before the beginning of the Fall term at the University. 267.2 267.3 267 s t L 6/20/78 268 268.1 C. The Street Committee recommends that the Street Superintendent be authorized to proceed with street asphalt overlay and slurry seal projects as outlined on the attached sheets giving priority to those streets which carry high volumes of traffic. It is also recommended that he be authorized to proceed with the installation of storm drain pipe and street repairs along Lafayette Street from Mock Avenue to West Avenue and along Gregg Avenue from North Street to Prospect. 268.2 It was pointed out that the Street Department should be reimbursed by the Water and Sewer Department for necessary repairs to Lake Sequoyah Drive and Clark Street resulting from sewer construction work alongthese streets. SUNRISE MOUNTAIN WATER 268.3 Director Noland, Chairman of the Board Water and Sewer Committee, briefly reported that the Water and Sewer Committee -did not seem willing to recommend pro- ceeding with water service to the Sunrise Mountain area until the City Engineer can provide additional data and make a more precise cost estimate. BRIARWOOD STREET 268.4 Director Todd reported that damage to Briarwood Street yards had not been fully repaired at this time. He had noted at the last meeting that the yards had been damaged as a result of a development on Township Road. He said the developer had done more repair work but that at least two property owners remain unsatisfied. Todd said he would continue to monitor the situation and make reports. POLICE PURSUIT POLICY 268.5 Noting a recent accident involving a police vehicle which had been involved in a high-speed chase, Director Todd requested the Board be provided with the written policy the Police Department uses regarding high-speed chases. He also requested the written policy regarding use of deadly force. APPROVAL OF MINUTES 268.6 There being no amendments to the minutes of the June 6, 1978 meeting, the Mayor declared them approved as submitted. ADJOURNMENT 268.7 There being no further business for the Board's consideration, the Mayor declared the meeting adjourned. ATTEST: arlene Westbrook, City Clerk 268 APPROVED: Ernest E. Lancaster, Mayor • 1