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HomeMy WebLinkAbout1978-07-18 Minutes1 MINUTES OF A MEETING OF THE BOARD OF DIRECTORS July 18, 1978 279 The Fayetteville City Board of Directors met on July 18, 1978; 7:30 p.m., in the Board Room of the City Administration Building. PRESENT: Directors Ernest Lancaster, John Todd, Al Hughes, David Malone, Philip Colwell, and Ann Henry; City Manager Don Grimes, City Attorney Jim McCord, (U and City Clerk Darlene Westbrook In ABSENT: Director Paul Noland QOTHERS PRESENT: Members of the audience and representatives of the news media Cr CALL TO ORDER Mayor Ernest Lancaster called the meeting to order. Following roll call and a moment of respectful silence, the Mayor asked for consideration of the first item of business. i REGIONAL AIRPORT STUDY City Manager Don Grimes reported that the Airport Study Committee had 279.1 received the regional airport study report on July 17, 1978. In order to allow the Committee sufficient time to review the report and formulate a recommendation for consideration by the Board, Grimes suggested the Board table the item until the next regular meeting. Director Colwell, seconded by Director Henry, moved the item be tabled until 279.2 August 1. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None Absent: Noland The motion was declared passed. PARK NAMING At the July 5 Board meeting, the Parks and Recreation Advisory Board had 279.3 submitted a request that the Board name a City park located on Sycamore Street, currently referred to as Veteran's Park, Gregory Park in honor of James K. Gregory. The matter had been tabled at the July 5 meeting to allow the City Manager to formu- late criteria which could be used in naming public facilities. Ms. Elizabeth Reagan again presented the Advisory Board request, saying that 279.4 the Advisory Board felt that their suggestion would meet the City Manager's criteria. She said the Advisory Board had a policy that parks would be named for citizens who had made significant contributions to the City's parks and recreation program. She said Mr. Gregory is a long-time resident of Fayetteville who had been instrumental in acquiring acreage for Walker and Wilson parks and for the Lake Fayetteville project. He had also served 15 years on the City commission, she said. Mr. George Blackwell, who expressed opposition to naming any governmental 279.5 project after a person, proposed that the park be formally named Veteran's Park in honor of all Veterans. '279 7/18/78 280 280.1 Mr. David Lashley, Advisory Board member, noted the property had been in the Wilson family for 64 years before it was purchased by the federal government 45 years ago. Since the City already has a park named "Wilson", Lashley said the Board did not recommend a second park be so named. In view of the Advisory Board's precedent in naming parks after people, he said they are searching for a name which they feel would be appropriate. 280.2 Director Hughes preferred the Board adopt criteria for naming public facilities, particularly in view of future construction of the Continuing Education Center and recreational facility structures. 280.3 Ms. Reagan said consideration had not been given to naming it Veteran's Park since that proposal had not been presented to the Advisory Board. She said the Advisory Board had followed a policy of naming parks after people. She said it was their way to honor those who had supported the parks programs. 280.4 Director Hughes, who felt naming parks after people was confusing, stated he was not sure Blackwell's proposal would not be appropriate. Director Colwell stated he did not understand why the Advisory Board can't accomplish a routine function without the Board of Directors interfering. He wondered why there should be an Advisory Board if they are not allowed to do their job. Todd said the Advisory Board spends hours on manv projects other than naming parks. He said he thought Blackwell's proposal is a good one. 280.5 Director Henry said it is a shame that a man as fine as Mr. Gregory had been led to believe that the Board of Directors is not in favor of honoring him. She said she felt they should adopt the Advisory Board recommendation then adopt criteria which could be used for future namings. She did not believe any Board or other group would seriously consider anyone who did not truly deserve the honor. She moved the park be named "Gregory Park" as recommended by the Parks and Recreation Advisory Board and that the Board proceed to establish a firm policy for use in future namings. The motion was seconded by Director Colwell. Henry felt that Blackwell's suggestion was a good one and could be used in the future. Todd felt the particular location was particularly appropriate to be named Veteran's Park since it is just north of the present Veteran's hospital site. Henry felt that park namings should be left up to the Advisory Board but that naming of public buildings should be based upon criteria that could be established by the Board. 280.6 The Mayor asked if the motion should pass. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Todd Nays: Hughes Absent: Noland The motion was declared passed. 280.7 Todd felt the Advisory Board should have guidelines from the Board and felt the policy proposed by the City Manager would be adequate to be used when the Advisory Board recommends naming parks for individuals. Todd, referring to Blackwell's proposal, said the name would represent a class of people who have done a lot for the community, directly and indirectly, and that it bothered him that the proposal had not been con- sidered by the Advisory Board. Todd proposed that the Advisory Board would recommend names for City parks according to their own standards except if a park is named in honor of an individual, that the following criteria suggested by the City Manager be considered: Residents of the City who, by virtue of substantial contributions of time and/or money to causes which seek to enhance the quality of life of the community as a whole, nas demonstrated sufficient civic pride, generosity, and responsibility in an altruistic and unselfish manner so as to qualify them as "one -in -a -thousand" citizens, worthy of signifi- cant honor and distinction. 280 7/18/78 281 Malone said Todd's suggestion was directed solely to the Parks and Recrea- 281.1 tion Advisory Board and that it;dwould not take care -of all other things. He noted that the City Manager's recommendation was that public structures not be named for any person, living or deceased. Malone said the Advisory Board did not feel they need guidelines. Ms. Reagan said that guidelines arehelpful and that she didn't know why they couldn't work within the guidelines outlined by Todd. . Director Todd then referred to the City Manager's memo containing his recom- 281.2 mendations regarding naming of public facilities. Todd said the City Manager had referred to "retired busybodies". Todd said he would like to single out himself from the phrase and stated hewould like the City Manager to apologize for use of the phrase. The City Manager stated that he was responsible for the memo's contents but 281.3 (U that he had not intended the phrase to be applicable to all retired persons. He (1') apologized for use of the term. In regard to naming public structures for persons, ID Grimes said there are very few public structures which have been named for people. 0 He said he believed the community is worthy of having its own name used since the Q facilities belong to the community. Director Todd, seconded by Malone, moved adoption of the City Manager's recom- 281.4 Q mended criteria. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None Absent: Noland The motion was declared passed. Director Malone, seconded by Henry, moved that the Board resolve not to name 281.5 structures after anyone living or deceased. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd I Nays: None Absent: Noland The motion was declared passed. WILSON PARK Residents of the Wilson Park area had requested the Board consider ways in 281.6 which to control traffic in and around the park. The item was tabled at the July 5 meeting to allow the Parks and Recreation Board to consider the citizen's requests and recommendations. Advisory Board Chairman Skip Holland presented a report of that body's meeting 281.7 with the residents as well as the recommendations which resulted. Holland said the Advisory Board had known for some time that the park had traffic problems and that they had considered redirecting traffic as a means of helping to control vehicle speed. He said the Advisory Board recommended installation of two cul de sacs within the park -- one at the east end and one at the west end --so that through traffic could be eliminated and vehicle speed controlled. Holland said the park could not be closed to all but pedestrian traffic since all park visitors do not reside within walking distance of the park. He said the Advisory Board also recommends provision of parking on the park's west side along Wilson Street. Holland reported that $20,000 is budgeted for the proposed work. He emphasized that the plan is recommended with the presumption that traffic signs and regulations will be observed. Mr. Jim Knutson, Wilson Street resident, said the proposals had good merit but 281.8 that he felt the Wilson Street entrance to the park should be closed. He felt the proposals would only reverse the traffic flow. He agreed it would not be feasible to close the park to all vehicular traffic but he thought traffic flow should be re- stricted. 281 7/18/78 282 282.1 Mr. Dwight Hartwick believed the proposals made by the Advisory Board skirted the issue and would compound problems by routing more traffic onto Wilson Street where most accidents have occurred. He felt the City would prefer to close that access. Mrs. George Ray wanted the Board to be aware that Prospect Street also has its share of traffic problems. She said increased police enforcement had been a major factor in slowing traffic speeds in and around the park. She believed the closing of the Wilson Street access would increase traffic on Prospect. She opposed parking along the streets and the placement of a stop sign at the Louise and Wilson street inter- section. She noted that, during winter snows, vehicles travelling north on Wilson would have a difficult time stopping at the sign. She also mentioned that the park provides an alternate route for vehicles that cannot maneuver the Prospect and Wilson intersection during winter snows. Mr. Hartwick felt the problem is the speed with which vehicles exit the park. 282.2 Mr. Art Hobson said he did not think the plan went far enough and that he did not know why one entrance on the northwest corner could not be closed. He said he felt the City had gone too far in accommodating vehicular traffic rather than pedes- trian or bike traffic. 282.3 Mr. Alan Beauchamp said he agreed with the idea of eliminating through traffic but that he felt the main problem is excessive vehicular speed. He felt the Advisory Board proposal would require unnecessary expense and suggested an alternative which would allow parking facilities to be provided within the park and which would elimi- nate through traffic. 282.4 Director Malone was concerned that provision for parking along Wilson Street would force traffic from Prospect Street onto Wilson Street. He suggested the Advisory Board should seek recommendations and detailed drawings from engineers as well as an estimate of the costs involved. He emphasized that the Board would not want to commit itself to the particular design proposed by the Advisory Board and said the Board would want to view the final drawings. 282.5 Director Hughes felt the installation of a stop sign at Louise Street and Wilson would create an additional hazard. Todd agreed that it might not be a totally desir- able solution but that it is the lesser of two evils and would provide safer conditions for traffic desiring to turn left from Louise Street. 282.6 Director Todd moved adoption of the following recommendations: 1. Closing off through traffic 2. Installation of a stop sign on Wilson Avenue at Louise Street, facing north -bound traffic 3. Installation of painted pedestrian cross -walks, with appropriate signs, on Louise, Wilson, and Prospect Streets 4. Installation of park signs at the intersection of all streets into the area which state to the effect "Wilson Park ... Our Children at Play... Please Drive Carefully" 5. Request the Police Department to continue increased patrols in and around the Park, bearing in mind the limited manpower available. Director Malone mentioned that the Parks and Recreation Advisory Board only considered the park problems and that other recommendations had been made by Street and Traffic Departments. 282.7 The Mayor asked if the motion should pass and the recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Todd Nays: Hughes Absent: Noland The motion was declared passed. 282 • 7/18/78 283 HYLAND PARK SIDEWALK WAIVER REQUEST The Hyland Park Homeowner's Association had requested a waiver of sidewalk 283.1 requirements for Phase I and for authorization to use the money which would have been used to install the sidewalks to construct alterations to the subdivision entrance and to landscape Phase I in a beautification program. Mr. Bob Bright, representing the Homeowner's Association, spoke in behalf of 283.2 the request. He explained that the members of the association had voted unanimously in favor of having the sidewalk requirements waived and the money used for the land- scaping project and the improvements to the entrance to provide for safer access. He said the sidewalks planned for the subdivision would not connect with any recreational areas, churches or schools and that the terrain is not conducive to sidewalks. Bright (U informed that many of the residences already have established yards which would have (0 to be repaired if sidewalks were installed. He said that the developer had pledged ID _to participate in the planned improvements in an amount equal to the value which U would be required to install the sidewalks. I.1r. Jim Lindsey, developer of Hyland Park, was present and explained that 282.3 Q sidewalks had not been installed because pedestrian pathways had been approved as an alternative and were to be located on the backlot lines. Traffic islands located at the subdivision entrance have been maintained by the residents even though they are City right-of-way. He said they would like to receive title to the islands so that they could continue to maintain them and make alterations. He said they also plan to install a hedge along the existing western fence line. Lindsey said the terrain to the east and west is impossible for construction of sidewalks. Director Malone said it is clear to him that sidewalks would not be feasible on 282.4 the hill. He noted that the ordinance requires sidewalks for a reason and that other subdivisions are required to install sidewalks. Director Todd was of the opinion that a waiver of the sidewalk requirements would be a strike at the heart of the subdivi- sion ordinance. Lindsey encouraged the Board to look at the subdivision. He assured the Board 282.5 that the waiver would not result in a savings for him since he has agreed to spend an equal amount of money which would be required for sidewalks for the entrance and landscape improvements. Lindsey said a master plan for nature paths had been proposed when Phases 3, 4, and 5 had been considered for plat approval. He said the nature paths were abandoned because residents had installed improvements in some areas of the subdivision which did not allow installation of nature paths. He said he did not think it would be possible to retrieve the original plan in several areas. Mr. Robert Head, Hyland Park resident, emphasized that the homeowners had 282.6 voted unanimously to request the sidewalk waiver and that the request was not being made by Lindsey. Mr. Bright stated that many of the residents had purchased lots with the understanding that nature trails would be built and that the plans for nature trails was a factor in their decision to purchase property in Hyland Park. Mr. George Blackwell, not a resident of Hyland Park, believed the association consti- tuted a small number of the City's citizens and he did not think the sidewalks should be waived. He was concerned for the safety of children who would not have sidewalks available to them. The Board expressed reluctance for waiving the requirements for fear of es- 282.7 tablishing a precedence for similar requests. They discussed how the ordinance might be amended to allow waiver of sidewalk requirementsfor terrain reasons provided the developer made improvements equal to the value of sidewalks. Malone said he understood why the residents might not want sidewalks for their 282.8 use or for use by others. He said that he would have a hard time justifying waiver of sidewalks in level areas. He said he would not have a problem in waiving the 282 7/18/78 284 sidewalks in areas of severe terrain. Mr. Bright felt installation of sidewalks where terrain allows and waiver of the sidewalks where terrain is too severe would not lend to the subdivision's continuity. 284.1 Lindsey then stated he had not requested the sidewalk waiver because he did not feel he should ask the Planning Commission to waive the full extent of what was there. He said he later realized that nature trails would not be feasible because of the density. He said control of the subdivision did not shift from him to the Home- onwer's Association until June 1, 1978. He said the City was being requested to dedicate the entrance islands to the Homeowner's Association and give authority to work with the Street Superintendent to reconstruct the entrance. 284.2 The City Attorney read an ordinance to waive the sidewalk requirements. Mr. Robert Head said the association would be glad to put the island maintenance agreement into writing. 284.3 Director Hughes, seconded by Henry, moved rules be suspended and the ordinance read the second time. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None Absent: Noland The motion was declared passed and the ordinance was read the second time. 284.4 Director Hughes, seconded by Todd moved rules be further suspended and the ordi- nance placed on third and final reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd Nasy: None Absent: Noland The motion was declared passed and the ordinance was read the third and final time. 284.5 The Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None Absent: Noland The ordinance was declared passed. ORDINANCE NO. 2453 APPEARS ON PAGE 89 OF ORDINANCE & RESOLUTION BOOK VI SIGN APPEAL - Highway 62 West & 71 Bypass / First National Bank, petitioner 284.6 The City Manager reported that the petitioner's appeal had been withdrawn. He said officials of the bank had contacted him to state that they believed the sign ordinance was a good ordinance and that they desired to set the trend in the area of their new building. 1 WAIVER OF STREET DESIGN STANDARDS - West Center Street 284.7 West Center Street property owners had requested that West Center Street, between Garvin and Hartman streets, be improved according to criteria established by the Board for existing non -paved streets. The owners had requested the Board allow a 20 -foot wide street to be paved with six inches of concrete with owners providing materials and the City providing labor and equipment. 284.8 Director Hughes questioned whether the street met the Board's established criteria for waiving construction standards. He noted that the City's crews do not have the capability to do the concrete work and that it would have to be contracted. He said the original intent was not to do something that the City crews could not do. He said a contract situation would get the Cityaway from separation of labor and materials. He said he could not justify the waiver at this time. 284 7/18/78 285 Colwell noted that one estimate of the cost includes curb and gutter while 285.1 one does not. The City Manager said the cost would be doubled if curb and gutter are included. Grimes said that residents are charged 100 percent of the cost when concrete work is involved. He said the City could prepare the base for the street but that would be the extent of the City's share and they would have to contract for the concrete work. Malone said he would not mind waiving the 24 foot street with curb and gutter 285.2 but that he did not think the street fits the criteria. He said street width could be waived because of severe grade. He moved the City's street construction standards be waived to permit a 24 foot wide concrete curb and gutter. He said only width requirements would be waived. Director Hughes seconded the motion with the under- standing the property owners would bear 100 percent of the cost of the concrete (U street. The recorded vote was: CO Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd in Nays: None U Absent: Noland The motion was declared passed. a ORDINANCE REDUCING EASEMENT - Company Street An ordinance was left on second reading at the July 5 meeting which would 285.3 reduce a 20 -foot utility and drainage easement on a portion of Company Street to a 12 -foot easement. The Board had tabled the ordinance to receive comments of the City Engineer and Street Superintendent. The City Attorney read the ordinance the third and final time. Mr. Earl Garrison, owner of property to the east of Company Street, had ob- 285.4 jected to the reduced easement since it could affect location of sewer lines to serve future residential structures. Garrison had contended the 12 -foot easement would not leave sufficient space in which to maneuver equipment. The City Engineer and Street Superintendent had noted that a 12 -foot easement 285.5 would be sufficient. Director Malone noted that Garrison's property is zoned resi- dential and that a 12 -foot easement would be sufficient since residential property did not require a large sewer line. The Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None Absent: Noland The ordinance was declared passed. 1 ORDINANCE NO. 2454 APPEARS ON PAGE 90 OF ORDINANCE & RESOLUTION BOOK VI WEATHERIZATION FUNDS REQUEST The Washington County Economic Opportunity Agency had requested the City 285.6 appropriate $3,500 from the Community Development 1978 Housing Assistance budget for use as local matching funds for the EOA's county -wide weatherization program. Mr. Nicholas Brown, representing EOA, explained the program and how it is 285.7 funded. He said the City's match would generate $24,500 which would be used to weatherize homes.He said the Washington County Quorum Court has appropriated $1,200. Brown said that records are on file in the Community Development office which show results of previous weatherization programs. In response to the Board's concern that appropriation of CD funds was uncertain 285.8 because of an existing freeze on the funds, CD Administrator Rick Mason said the Board 285 7/18/78 286 could authorize the funds from the 1978 program but the funds could not be spent. Director Hughes did not think the appropriation should be approved if receipt of the funds is uncertain. 286.1 Brown told the Board that local matches must be verified before the federal funds can be obtained. City Manager Grimes said he agreed the adjustment to the 1978 III Housing Assistance Plan should be made. Grimes said that, even though it would take time, the City would "break this thing (freeze on funds) loose." Director Hughes did not think it would take CD long to adjust the 1978 plan to allow for the weatherization participation once the funds have been released. He said one criticism HUD had of the CD program was authorization of funds without having the funds. 286.2 Mason said the Housing Assistance Plan Committee had recommended the participation in their meeting and that it be included in this program. He thought the item had been overlooked in February when the application went before the Board. Mason said he was not certain if the approval of the appropriation would commit the City in any way if the CD funds are not released. He said the EOA would need the local match commit- ment before it could receive federal funds. Director Todd was concerned that the Board would be commiting some General Fund revenues. Brown said that two applications could be submitted -- one upon contingency that City of Fayetteville CD funds are received and another in case the funds are not received. 286.3 Director Malone, seconded by Todd, moved to authorize $3,500 from CD with the understanding that EOA will notify appropriate authorities that the City's participa- tion is contingent upon receipt of Fayetteville CD funds. Malone emphasized that the Board was not authorizing the funds from any other City fund. 286.4 Director Hughes questioned Brown extensively about how the program was funded and how the City's match and the funds it generates will be spent. Brown said the City would not receive less than what it puts in but indicated that all the money generated by the City's match was not planned to be spent only in Fayetteville since the weatherization program is a county -wide program. Brown noted that the Springdale III CD program has not made a contribution. The Directors felt strongly that the Fayetteville CD funds, and the funds they would generate, should be spent only in Fayetteville and should not be used to fund the county -wide program. They felt the County should be requested to make a larger contribution. 286.5 Director Malone moved to authorize $3,500 conditioned upon receipt of the CD funds and that the $3,500 and any federal funds generated by the contribution would be spent inside the City of Fayetteville. The motion was seconded by Todd and the recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None Absent: Noland The motion was declared passed. RESOLUTION AUTHORIZING MEMORANDUM OF INTENT/ACT 9 BONDS - Arkansas Best Freight 286.6 The City Attorney advised that Arkansas Best Freight proposed to construct a larger freight terminal north of Highway 112 and that they requested the project be funded through issuance of Act 9 Industrual Bonds. McCord said the company would pay all costs of the bonds through a lease agreement. In response to Director Malone, McCord said he understood the facility would be a larger, more modern terminal but that he was not certain whether it would result in an increase in employees. 286.7 Director Todd felt it is in the interest of the City to know how many additional employees there will be since one of the primary motives for the Act 9 method is to create new employment opporutnities for Arkansas people. McCord contacted bond counsel by telephone and was advised that the project would result in increased em- ployment. He advised that the resolution authorizing the memorandum of intent would 286 7/18/78 287 be a preliminary step and would not be binding on the City. Director Malone felt the City Staff should look at the financial stability 287.1 of these companies before entering into an Act 9 bond issue. Director Malone, seconded by Henry, moved adoption of the resolution. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None Absent: Noland RESOLUTION NO. 41-78 APPEARS ON PAGE 167 OF ORDINANCE & RESOLUTION BOOK VI AWARD OF BIDS N DRAKE FIELD PASTURE LEASE Purchasing Agent Sturman Mackey recommended award of hay and pasture lease 287.2 Q for Drake Field property to Mr. Gene Price at an amount of $8,305 for a 5 -year period Q with payments to be made in five equal annual installments Mackey said the lease has undergone substantial changes from the previous one. He said the lease did not Q imply or intend to to imply that reimbursements would.be made for any fertilizer placed upon the grounds at any time. The lease covers all grounds on the airport except 200 feet either side of the runway or taxiway. He said the lease contains a 60 -day notification clause should either party decide to terminate the lease. He emphasized that the sole purpose of the lease was to allow the removal of hay. Director Malone, seconded by Todd, moved the recommendation be approved. The 287.3 recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Todd Nays: None Absent at roll call: Henry Absent: Noland The motion was declared passed. BID 368 - CHAIN LINK FENCE / INDUSTRIAL PARK BASEBALL FIELD Director Malone, seconded by Todd, moved approval of a recommendation to award a bid for Industrial Park baseball diamond fencing to United Fence Company in the amount of $2,863.27. The Purchasing Office had noted that the funds for the fencing were to come from the general obligation bond funds. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None Absent: Noland The motion was declared passed. BID 359 - BASEBALL FIELD LIGHTING / INDUSTRIAL PARK 287.4 The Purchasing agent recommended award of bid to Upchurch Electric in the 287.5 amount of $15,629.75 for Industrial Park Babe Ruth baseball field lighting equip- ment. Mackey explained that a two percent discount clause qualified Upchurch as the low bidder. In order to qualify for the discount, the City must make payment before the tenth of the month. Mackey said there were no bids for installation of the lighting. He said nego- 287.6 tiations are currently underway with SWEPCO and an electrical contractor for the in- stallation work. He said he did not think he could get bids for installation. He requested authority for Mr. Pat Brooks and a City official to negotiate with a master electrician for the installation work. 287 7/18/78 288 288.1 Director Malone, seconded by Todd, moved approval of the recommendation. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None Absent: Noland The motion was declared passed. PROPERTY SALE - TRACT A METHODIST ASSEMBLY PLAT 288.2 The City Manager recommended all bids be rejected and new bids invited. He said SWEPCO is drafting a legal description for a utility easement on Tract B and he felt it would be better to have all easements indicated on the plat. The Purchasing Officer also reported that Mr. J. Palmer Boggs had requested the City authorize an ex- change of property in Tract B. Director Malone, seconded by Henry, moved bids be rejected and the Mayor and City Clerk authorized to exchange property with J. Palmer Boggs. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell,f1?nry, Todd Nays: None Absent: Noland The motion was declared passed. BID 367 SANITATION TRUCKS AND PACKER BODIES 288.3 The recommendation called for bid award to Choctaw for two, 20 cubic yard packer units at $8,180 each and to Lewis Ford for two, 24,000 GVW chassis at $10,395 each. Funds for the purchases are to come from Sanitation Depreciation. 288.4 Mackey stated he had received only one bid on each piece of equipment and, IIIonly with the urging of the Sanitation Superintendent, was he making a recommendation for the bid award. He said the bids represent a 10 percent increase for identical equipment purchased in April, 1978. He said he regretted seeing the City end up with having to get its equipment from one source. 288.5 Sanitation Superintendent Wallace Brt said his department needed the equipment urgently. He said the bidder had guaranteed delivery within 30 - 60 days. Mackey discussed the possibility of inviting bids from out of town vendors but said he is reluctanttoinvite out of town bids without guidance from the Board. Director Todd felt the first responsibility is to the taxpayers even though bids might have to be invited from out of town vendors. City Manager Grimes said the City is in a "tight" and said the savings in maintenance on the old equipment would make up the difference easily. 288.6 Director Malone moved the bid be awarded as recommended and that the Purchasing Agent be authorized to secure bids from outside city vendors if the City cannot get a good bid response. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None Absent: Noland The motion was declared passed. 1978-79 WATER AND SEWER PRELIMINARY BUDGET 288.7 Director Malone reported that the Water and Sewer Committee had considered the preliminary 1978-79 Water and Sewer budget. He advised the Directors of changes which should be made in the budget documents. Malone informed that the Committee had requested a survey of charges made by other cities for turn -on, turn-off, and transfer services. He said the City does not currently charge for the services and that it might consider making the charges in the future. He said the costs for the 288 D 0 7/18/78 289 services are currently being carried by the long-term customers. Proposed sewer projects would put virtually everyone in the City on sewer with some exceptions where sewer could not be provided. He said the Committee is faced with how many projects should be completed during the coming year and how much contingency and reserve fund balance should be maintained. He said the City Controller had recom- mended maintaining a $1 million contingency and reserve for the $6 million budget. Malone said that some projects would have to be done this year because of 289.1 improvmeents scheduled by the State Highway Department which require relocation of City utility lines. As the year progresses and it becomes clear which projects the Highway Department would not be able to complete during the year, then additional projects could be recommended. Malone advised that there are approximately $555,000 worth of new capital projects budgeted which were expected to be funded with $228,000 generated from operations and with $227,000 potentially coming from surplus funds. In regard to water fluoridation, he informed that Beaver Water District engineers estimated equipment cost of $93,000. Since planning and implementation would re- quire 18 months if fluoridation was approved this year, he said the expense would not be included in this year's budget since the capital cost would not be considered until next year. Director Todd did not feel the Water and Sewer Committee or the Board could 289.2 make a decision on the budget at this time since it seemed proper figures were un- available regarding the balance brought -forward and the amountof surplus which, might be drawn upon. He believed that discussion of the budget would be determined by knowing how much the surplus would be. The City Controller noted that the balance is affected by the method in which the:auditors report the City's share of the Industrial Park expenses. Todd noted various figures through the budget and stated he believed they might look abnormal because of the accounting treatment. He felt footnotes should be made throughout the budget which would explain how some of the figures are determined. Malone informed that the Committee requested an updated report of Growth Area 289.3 costs. When asked if separate accounting records exist for the Growth Area, the City Controller said there is not a total listing of accounts mainly because the City has no debt service for the Growth Area. He said water sales are listed since it is primarily an operations and maintenance fund. The City Manager stated he preferred to keep separate accounting packages on the Growth Area. Mayor Lancaster felt the separate records would be useful since the City had assured that the Growth Area systems would not be subsidized by inside City customers. The City Manager believed an interest rate should be established since the system was financed by inside City customers. He said he wanted to be able to show all the expenses and interest and suggested the City Controller set up a Growth Area fund and not show it in the Operations and Maintenance budget at all. The Controller informed that the expenses of the Growth Area system have been maintained and water sales split out but that he did not feel it would be worthwhile to establish separate records. Director Todd noted increased utility expenses and asked if a study had been 289.4 conducted to determine how the City might reduce its utility bills. City Engineer Don Bunn said Ozarks Electric is currently conducting a study at the Pollution Con- trol Plant and that engineers had recommended installation of capacitors which would raise the power factor. He said the estimated cost of the capacitors is $15,000 which could be recouped within 22 years through lower utility bills. Director Todd asked if any sewer projects could qualify for Community Develop- 289.5 ment funding to which Director Malone replied that some might qualify and that the possibility of CD funding is being investigated. Todd requested the City Controller review accounts receivable to determine why they have shown a substantial increase. He also requested that the City Manager personally consult with the City's auditors regarding their treatments of some figures in the last audit. 289 7/18/78 290 290.1 In response to Director Hughes, the Controller explained that customer service deposits are deposited into the Operations and Maintenance funds as part of the balance. Hughes felt that home owners should not be required to pay the deposits since they will most likely leave it there for several years. Director Malone said that the survey of service fees could also include a survey of deposits. 290.2 Upon completion of discussion, the Board took no action on the budget. OTHER BUSINESS CITY LIABILITY FOR SEWERAGE SYSTEM BACKUPS 290.3 The City Manager had drafted a policy for payment for damages to private resi- dences due to sewerage system backups. His proposed policy was: The City will pay documented costs -- not occupant labor -- for repairs and contract cleaning up to $1,000 per residence provided the blockage occurred in a City main and not a service main to serve one or more residences; and, the backup was caused by isolated blockage and not ex- cessive rain or flood conditions. Although the City does not have to assume liability, Grimes felt it would be worth it to the City, for public relations purposes, to assume some of the liability accord- ing to his proposed policy. Director Malone said the policy would resolve cases where the blockage is not particularly thefault of the City. He said the City would not accept the responsibility when problems occur because of heavy infiltration into the system. 290.4 The Board discussed a particularbackup which occurred at 1327 Kings Drive which caused considerable damage. Grimes requested the Board approve a payment to the owners and that the City staff be allowed to refine the policy. 290.5 Director Henry, seconded by Malone, moved payment of documented costs for clean up of the residence at 1327 Kings Drive. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None Absent: Noland The motion was declared passed. URBAN RENEWAL PLAN REVISION 290.6 The City Manager informed that a revision of the Urban Renewal plan will come before the Board at the August 1, 1978 meeting. INDUSTRIAL PARK LEASE 1 290.7 The City Manager explained that the Industrial Park lease with Clyde Weems expires April 22, 1979. He informed that the present Industrial Park Committee had requested the City not renew the lease on the barn and house. The Board expressed no objections to Grimes' proposal that he contact the lessee and inform him that the City will not renew the lease for the barn and house. CONTINUING EDUCATION CENTER COSTS 290.8 The City Manager said the auditors are trying to complete the General Fund Audit for 1977 and would like confirmation that it is the Board's intention that, in development of the parking facility and Continuing Education Center, that we would intend to reimburse the General Fund for front end expenses from either the hotel, motel, restaurant tax proceeds or bond proceeds. 290 1 Ncn U Q Q Director Todd, seconded ty Henry, mo for front end expenses from either the ho the bond proceeds. The recorded vote was Ayes: Hughes, Malone, Lancaster, Colwell Nays: None Absent: Noland The motion was declared passed. COMMITTEE APPOINTMENTS ved that the General Fund be reimbursed tel, motel, restaurant tax proceeds or ,Henry, Todd 7/18/78 291 291.1 Housing Assistance Plan Committee Director Todd reported that the Nominating Committee had recommended the 291.2 appointment of Pat O'Leary to the Housing Assistance Plan Committee for a term ex- piring July 1, 1981. There being no further nominations, Director Todd moved approval of the appoint- 291.31 ment. .The rottion:.was Secondedr.by Henry and the recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None Absent: Noland The motion was declared passed. Northwest Arkansas Cultural Center Board of Trustees The Nominating Committee had recommended the appointments of Sara Day and Barbara Ellis to terms expiring April 1, 1979 to fill unexpired terms of Carolyn Newbern and Abe Rusgo. There being no other nominations, Director Todd moved approval of the appointments. The notion was seconded by Director Malone and the recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None Absent: Noland The motion was declared passed. Planning Commission The Nominating Committee recommended appointment of Mr. Wendell Cullers for a term expiring January 1, 1980 to fill the unexpired term of John Power. Director Todd, seconded by Malone, moved approval of the appointment. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell,Henry, Todd Nays: None Absent: Noland The motion was declared passed. RESOLUTION EXPRESSING APPRECIATION FOR DONATION OF TREES Director Todd read a resolution expressing appreciation to Ken Colvin for the donation of 200 sweet gum trees which have been planted in the City's parks. Director Todd, seconded by Malone, moved adoption of the resolution. The recorded vote was: Ayes• Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None Absent: Noland The resolution was declared passed. RESOLUTION NO. 42-78 APPEARS ON PAGE 173 OF ORDINANCE & RESOLUTION BOOK VI 291 291.4 291.5, 291.6 7/18/78 292 CABLE RATE INCREASE 292.1 The Board agreed that the Warner Cable rate increase request would be considered at the August 15, 1978 meeting. TAX EXEMPT CHURCH PROPERTIES 292.2 Director Hughes stated he was not satisfied with the report concerning tax exempt status of church -owned property. He felt the City had been given a "snow Job" and that something should be done about it. RIDGEWAY MAINTENANCE 292.3 The City Manager reported that areas along Ridgeway Drive that have previously been maintained by the City will no longer be City maintained. Director Malone felt the property owners should be notified that the City will no longer mow the areas. INTERSECTION MAINTENANCE 292.4 Director Hughes reported that several intersections within the City are overgrown with weeds. He said he had contacted City Hall and was told the Traffic Department was responsibile for intersection maintenance. When he contacted the Traffic Depart- ment he was told they only have two men to maintain all of the intersections. At the time of the 1978 budget preparation, Hughes noted, more than two men had been budgeted when the Building and Grounds department was split up. He felt the split might have created communication problems and that the two departments responsible for the job are pushing it off on the other. AIRPORT 1 292.5 Director Hughes encouraged all Board members to look at the airport hangar and review what has been done and what has not been done. He felt it would be enlightening for those who do not visit often. Administrative Assistant McWethy informed he has spoken with Paul Jones of Skyways and that Jones had indicated he was satisfied. McWethy said bids are being taken for roof repairs and the carpet will be cleaned. 292.6 Mayor Lancaster reported he had appointed an Airport Committee consisting of Directors Malone, Henry, and Colwell. WATER FLUORIDATION 292.7 Director Colwell presented data in support of water fluoridation. He said he would like to proceed with fluoridation of Fayetteville's water. In regard to putting the question to a vote of the people, Colwell noted that there is a referendum process available to the people which they could use to place an ordinance on the ballot for approval. Colwell felt that estimates by Beaver Water District officials that the system would cost $93,000 for installation and $44,000 annual operations cost was for a "Cadillac" system and that it could be done cheaper. 292.8 Director Todd favored conducting a public hearing. He also expressed a desire that cost estimates receive further study. 298 1 1 APPROVAL OF MINUTES Director Malone, seconded by Hughes, moved the minutes of the July 5, 1978 meeting be approved. There being no amendments, the Mayor declared the minutes approved. 7/18/78 293 293.1 ADJOURNMENT There being no further business for the Board's consideration, the Mayor 293.2 adjourned the meeting. ATTEST: dada, cecurtuo-te Darlene Westbrook, City Clerk APPROVED: Ernest E. Lancaster, Mayor 293 294 MINUTES OF A MEETING OF THE BOARD OF DIRECTORS August 1, 1978 The Fayetteville Board of Directors met in regular session on August 1, 1978; 7:30 p.m., in the Board Room of the City Administration Building. PRESENT: Directors Ernest Lancaster, Paul Noland, Al Hughes, David Malone, Philip Colwell, and Ann Henry; City Manager Don Grimes, City Attorney Jim McCord, and City Clerk Darlene Westbrook. ABSENT: Director John Todd OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER 294.1 Mayor Ernest Lancaster called the meeting to order. Following roll call and a moment of respectful silence, the Mayor called for consideration of the first item of business. RESOLUTION AUTHORIZING AMENDMENT TO URBAN RENEWAL PLAN 294.2 The City Attorney read a resolution to authorize Amendment Two to the ville Urban Renewal Plan. McCord said the amendment had been approved by the Authority subsequent to a public hearing. He also advised that the Planni Commission had found the amendment to be compatible with existing land use p 294.3 Director Malone, seconded by Henry, moved adoption of the resolution. corded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The resolution was declared passed. Fayette - Housing ng lans. The re - RESOLUTION NO. 43-78 APPEARS ON PAGE f'1 4 OF ORDINANCE & RESOLUTION BOOK VI REGIONAL AIRPORT STUDY 294.4 The Airport Study Committee, consisting of representatives of the Fayetteville and Springdale governing bodies and the Fayetteville and Springdale Chambers of Commerce, had received a study report from the engineering firms of McGoodwin, Williams and Yates, and McClelland Consulting Engineers concerning the need and feasibility of a regional airport. 294.5 In a resolution adopted by the Airport Study Committee the following recommenda- tions were made: 1) That the report be received and accepted by each of the above named entities (cities of Fayetteville and Springdale and the Northwest Arkansas Regional Planning Commission) and be forwarded to the Federal Aviation Administration for their review and approval. 294