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HomeMy WebLinkAbout1978-08-01 Minutes294 MINUTES OF A MEETING OF THE BOARD OF DIRECTORS August 1, 1978 The Fayetteville Board of Directors met in regular p.m., in the Board Room of the City Administration PRESENT: Directors Ernest Lancaster, Paul Noland, Colwell, and Ann Henry; City Manager Don and City Clerk Darlene Westbrook. ABSENT: Director John Todd session on August 1, 1978; 7:30 Building. Al Hughes, David Malone, Philip Grimes, City Attorney Jim McCord, 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. RESOLUTION NO. 43-78 APPEARS ON PAGE 171140F ORDINANCE & RESOLUTION BOOK VI REGIONAL AIRPORT STUDY Fayette - Housing ng lans. The re - 1 1 294.4 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 1 8/1/78 295 2) That the Federal Aviation Administration be requested to close the Master Plan Study Project as soon as practicable. 3) That, after the current Master Plan Study Project has been closed, the cities of Fayetteville and Springdale and the North- west Arkansas Regional Planning Commission, involving such political entities and proceeding in such manner as they deem appropriate, initiate action to file an application with the Federal Aviation Administration for development of the project so that appropriate steps necessary to meet the requirements of NEPA (National Environmental Protection Agency) can be initiated. (NJ 4) That Drake Field be maintained and improved to provide the best CO possible commercial service until the new regional facility be- l) comes a reality. QDirector Malone moved that r receipt of the report be acknowledged and 295.1 that members of the study committee be commended for their work. Also, that the City Q Manager report to the Federal Aviation Agency that the report is complete and request that the Master Plan Study Project be completed. The motion was seconded by Henry and the recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The motion was declared passed. In regards to the committee's third recommendation, Director Malone felt the 295.2 next course of action should be determined following a joint meeting of the Fayette- ville and Springdale governing bodies. Such a meeting, he felt, should include dis- cussion of whether or not to involve other governmental entities; whether to proceed further with the project; whether to appoint a citizen action committee to conduct an environmental impact study; orr whether to request the environmental impact study be conducted by the FAA. Malone noted that the impact study could be conducted by the FAA at their expense but that a two or three year delay might occur before FAA could conduct the study. A study could be conducted by a citizen's committee and a study grant requested of the FAA. The Mayor was concerned that citizens would be asked to provide match money for airport studies when the Board does not know whether or not the citizens desire a regional airport. Mr. Dale Christy, secretary of the study committee, was present and informed 295.3 that the City would have to notify FAA of the study completion before they could pro- ceed further. If it is desired that the impact study be made by FAA, an application would have to be submitted. He indicated that the FAA would not require further action until a site is environmentally approved. Christy advised that it would be 10 years before a regional airport could become operational Director Malone moved that a joint meeting with the Springdale Council be 295.4 held to discuss options with regards to the proposed regional airport project. The motion was seconded by Director Henry and the recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The motion was declared passed. 295 8/1/78 296 RESOLUTION AUTHORIZING PROPERTY PURCHASE OPTION - Industrial Park / Warren Tool 296.1 The City Attorney read a resolution authorizing the Mayor and City Clerk to execute a property purchase option with Warren Tool Company of Warren, Ohio, for 14.60 acres of Industrial Park property at a purchase price of $58,000. The 90 -day option agreement included a $4,000 earnest payment. 296.2 Director Noland, seconded by Hughes, moved adoption of the resolution. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The resolution was declared passed. RESOLUTION NO. 44-78 APPEARS ON PAGE oZ a g OF ORDINANCE & RESOLUTION BOOK VI RESOLUTION AUTHORIZING MEMORANDUM OF INTENT - Act 9 Bonds / Warren Tool 296.3 The City Attorney read a resolution to authorize execution of a memorandum of intent regarding issuance of Act 9 bonds with which to finance construction of a manu- facturing plant for the Warren Tool Company. The memorandum included provision for annual payments by Warren Tool in lieu of ad valorem taxes. The City Attorney said the bonds were to be issued at no cost to the City. 296.4 Director Noland, seconded by Henry, moved adoption of the resolution. The re- corded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The resolution was declared passed. 296.5 296.6 9 , f'' t'l rn RESOLUTION NO. 45-78 APPEARS ON PAGE a 13 RESOLUTION AUTHORIZING SALE OF INDUSTRIAL OF ORDINANCE & RESOLUTION BOOK VI PARK PROPERTY - Bargo Engineering The City Engineering for purchase price Mr. Dale would make the In response to location for an price for the p property is bel Director corded vote was Ayes: Malone, Nays: None Absent: Todd The resolution RESOLUTION NO. 1 Attorney read a resolution to authorize a sale agreement with Bargo 1.1 acres of Industrial Park property located west of Tract A. The of $2,276.25 would be payable over a three-year period. Christy informed the Board that the sale would align the parcel and property behind the parcel more attractive to prospective purchasers. the Board, Christy stated that Lot 4 is to be replatted and used as a identification sign for the Industrial Park. Christy said the purchase roperty in question was somewhat lower than usual because part of the ow flood plain and not useable. Noland, seconded by Colwell, moved adoption of the resolution. The re - Lancaster, Colwell, Henry, Noland, Hughes was declared passed. 46-78 APPEARS ON PAGE a 1q OF ORDINANCE & RESOLUTION BOOK VI 296 1 e 8/1/78 29. ORDINANCE VACATING ALLEY - Englewood Addition A petition had been filed by Fred and Ann Hanna and Billie and Emily Parette 297.1 requesting the Board to vacate a portion of an alley in Block 4 of the Englewood Addition. The Mayor declared a public hearing open to hear comments regarding the petition. Mr. Fred Hanna was present and informed the Board that the alley had not 297.2 been used in 55 years and that several large trees and a fence exist in the alley. He said he had taken steps to accommodate drainage and had maintained the alley as a private drive. Closure of the entire alley had been discussed at one time with City officials, he said, but did not seem practicable since it is used for access by the Sanitation Department. There being no further comments, the Mayor declared the hearing closed. The 297.3 (Y) City Attorney read for the first time an ordinance to close the alley as requested. ED Director Noland, seconded by Colwell, moved rules be suspended and the ordinance U placed on second reading. The recorded vote was: Q Ayes: Malone, Lancaster, Colwell. Henry, Noland, Hughes Nays: None Q Absent: Todd The motion was declared passed and the ordinance was read the second time. Director Hughes, seconded by Colwell, moved rules be further suspended and 297.4 the ordinance placed on third and final reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd 111 The motion was declared passed and the ordinance was read the third and final time. The Mayor asked if the ordinance should pass. The recorded vote was: 297.5 Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The Mayor declared the ordinance passed. ORDINANCE NO. 2455 APPEARS ON PAGE OF ORDINANCE & RESOLUTION BOOK VI RESOLUTION AUTHORIZING CONDEMNATION - Stubblefield Road The City Attorney read a resolution authorizing condemnation proceedings for 297.6 a sewer easement along the south side of Stubblefield Road, west of Old Missouri Road In response to Director Noland, City Manager Grimes stated that the City Engineer had advised that no alternate routes for the sewer line were available. Mr. George Coffman, resident of Stubblefield Road, said he had talked with 297.7 other property owners who had questioned why the line could not be routed through a nearby field. As the easement is staked now, he said, seven trees would be eliminated from his yard and several trees eliminated to the west of his property. He said the easement had been staked twice and there seemed to be some question as to the exact location of the easement. City Engineer Don Bunn said the sewer line would run in the street right-of-way 297.8 about ten feet south of the ditch line. He said he did not think any trees would be eliminated. Bunn said more right-of-way is available on Coffman's property but that the north side of Stubblefield Road would not be feasible for an easement since a high pressure gas line exists there. The City Attorney said he had been working with Coffman's attorney in regards 297.9 to the easement. McCord said Katherine Stubblefield, whose property he was seeking authorization to condemn, was reluctant to grant an easement since it was not known what the damages would be to existing trees. 297 8/1/78 298 298.1 Director Noland, seconded by Henry, moved adoption of the resolution. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The resolution was declared passed. RESOLUTION NO. 47-78 APPEARS ON PAGE ad2S OF ORDINANCE & RESOLUTION BOOK VI 1 PERSONNEL REQUEST - Shop Department 298.2 The City Shop Superintendent had requested two additional personnel -- one additional diesel mechanic and a full-time tire repair person. In a memo to the Board the Shop Superintendent cited older equipment which requires more frequent repairs thereby increasing the work load and creating delays in readying equipment for service. The City Manager advised that the shop department budget is reimbursed through charges made to various City departments which receive shop services. He noted that slightly less than one-half of the allocation for personnel costs had been used to date. He thought the additional cost could be worked into the budget in view of how the expenses will be spread out. He said he had advised the Shop Superintendent that the additional personnel would be reviewed at budget time. 298.3 Director Noland moved to authorize the tire repair person and diesel mechanic with the implication that the City try to stay within the current budget and that the additional personnel will be reviewed at budget time. The motion was seconded by Director Henry and the recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None II/Absent: Todd The motion was declared passed. RESOLUTION ADOPTING SEWER SYSTEM BACKUP LIABILITY POLICY 298.4 The City Attorney read a resolution to adopt a reimbursement policy for damage to private property caused by sewer system backups. The proposed policy would limit the City's liability to $1,000 per incident. 298.5 The Board discussed whether or not the policy should extend to incidents when the "...sewage backup occurred because of action taken or not taken by the City." The City Manager and City Engineer indicated they felt the phrase to be overly broad and preferred the phrase be stricken. 298.6 The City Attorney advised that the City is not legally required to assume liability and was of the opinion that the City would not be admitting liability by agreeing to make compensation. Grimes said, as he understood, that the policy would be applicable if a backup occurs as a result of work being done on the system by the City. 298.7 Director Malone moved to amend the policy by deleting the phrase "...or the sewage backup occurred because of action taken or not taken by the City." The motion was seconded by Henry and the recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The motion was declared passed. 298.8 Director Hughes objected to the portion of the policy which stipulated that III the City Engineer's decision on a claim shall be final and not subject to review. Hughes felt claimants should have a review process available to them . Director 298 8/1/78 299 Hughes, seconded by Noland, moved the policy be amended to provide for appeal 111 to the Board, said appeal to be filed with the City Clerk within ten days of the City Engineer's decision. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The motion was declared passed. Director Malone, seconded by Henry, moved adoption of the resolution. The 299.1 recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd N The motion was declared passed CO ID RESOLUTION NO. 48-78 APPEARS ON PAGE aalOF ORDINANCE & RESOLUTION BOOK VI QORDINANCE AMENDING GENERAL LAND USE PLAN The City Attorney read an ordinance to amend the General Land Use Plan in the 299.2 area bounded on the north by Center Street, on the east by South School Avenue, on the south by Eleventh Street, and on the west by Hill Street, the Frisco railroad tracks, and South University. The Board was informed that the Planning Commission had initiated the proposed change several months ago following a rezoning request pertaining to the livestock sale barn property. Mr. Fred Hanna, property owner in the area affected, said he favored the pro- 299.3111 ', posed amendment since it more closely reflects the existing uses. Malone stated the plan would not result in any rezoning of property but would serve as a guideline in consideration of future rezoning requests. Director Colwell, seconded by Henry,moved rules be suspended and the ordinance 299.4 placed on second reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The motion was declared passed and the ordinance was read the second time. Director Colwell, seconded by Henry, moved rules be further suspended and the 299.5 ordinance placed on third and final reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The motion was declared passed and the ordinance was read the third and final time. The Mayor asked if the ordinance should pass. The recorded vote was: 299.6 Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The Mayor declared the ordinance passed. ORDINANCE NO. 2456 APPEARS ON PAGE OF ORDINANCE & RESOLUTION BOOK VI ORDINANCE AMENDING ORDINANCE 2395 The City Attorney read an ordinance to amend Ordinance 2395 to correct an 299.7 error in the legal description contained in the ordinance. The City Attorney advised that the correction would have no effect upon a recent rezoning which was granted for a portion of the property. 299 8/1/78 300 300.1 Director Hughes, seconded by Henry, moved rules be suspended and the ordinance read the second time. The recorded vote was: Lancaster, Colwell, Henry, Noland, Hughes Ayes: Malone, Nays: None Absent: Todd The motion was 300.2 Director ordinance read Ayes: Malone, Nays: None Absent: Todd declared passed and Hughes, seconded by the third and final Lancaster, Colwell, the ordinance was read the second time. Colwell, moved rules be further suspended time. The recorded vote was: Henry, Noland, Hughes The motion was declared passed and the ordinance was 300.3 The Mayor asked if the ordinance should pass. Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The ordinance and the read the third and final time. The recorded vote was: was declared passed. ORDINANCE NO. 2457 APPEARS ON PAGE OF ORDINANCE & RESOLUTION BOOK VI 1 ORDINANCE AUTHORIZING LICENSING RECIPROCITY 300.4 The City Electrical Inspector had requested the Board consider authorizing licensing reciprocity for journeyman and master electricians licensed by other cities provided they have passed their city's examination, and provided their city's examina- tion requirements meet or exceed those of Fayetteville's. 300.5 Mr. Tom Tucker, City Electrical Inspector, advised the Board that the electri- cians would be granted reciprocity provided they met certain criteria. He said the reciprocity agreement would eliminate the necessity of examining out-of-town electricians whose home cities participate in the reciprocity program. In regards to provisions allowing the City to revoke or refuse the license if an electrician did not display skill and knowledge, Tucker said that the City would not excercise the revocation clause unless the electrician displayed total lack of skill or regard for electrical codes. 300.6 The City Attorney read an ordinance to amend the code to provide for reciprocity. Director Malone, seconded by Noland, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The motion was declared passed and the ordinance was read the second time. 300.7 Director Malone, seconded by Hughes, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The motion was declared passed and the ordinance was read the third and final time. 300.8 The Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The Mayor declared the ordinance passed. ORDINANCE NO. 2458 APPEARS ON PAGE OF ORDINANCE & RESOLUTION BOOK VI 300 1 1 8/1/78 301 WATER AND SEWER BUDGET The 1978-79 Water and Sewer budget was considered by the Board at the July 18 meeting and tabled for further consideration and revision. During brief discussion, the City Controller assured the Board that the balance carried forward conformed with audit figures. Budget Officer Sturman Mackey assured the Board that ail -explanation of accounting methods would be provided with the Budget document. Director Malone had noted that some figures seem abnormal be- cause some are based on the accrual basis and some on the cash basis. Also discussed briefly was listed priority and alternative sewer projects. 301.3 Director Malone said the budgeted projects would, with few exceptions, serve virtually all the people who live where sewer is not available. If funds exist following com- pletion of the budgeted projects, Malone said they would be applied to projects listed as alternate projects. Director Noland, seconded by Hughes, moved the 1978-79 Water and Sewer budget 301.4 be adopted. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The motion was declared passed. 301.1 1 301.2 OTHER BUSINESS ENGINEERING CONTRACT - Community Development Projects The City Manager recommended approval of a Engineers in the amount of $5,130 for the provis Community Development projects. Director Malone a "sheer waste",moved the contract be approved. Henry and the recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland Nays: None Absent: Todd The motion was declared passed. INDUSTRIAL PARK EXPANSION contract with McClelland Consulting 301.5 ion of inspection services for , who felt the expenditure would be The motion was seconded by Director Hughes The City Manager requested the Board's tacit approval to explore possibilities 301.6 of expanding the Industrial Park with EDA. The Board expressed no opposition. Grimes advised that the paving of Black Oak Road (west of Armstrong Avenue) would occur in approximately one year. Director Noland had expressed concern that construction costs might increase to a point where they would not be covered by donations made by in- dustries who had purchased property abutting the road. MUNICIPAL COURT REPORT Director Hughes acknowledged receipt of a Municipal Court report for the first 301.7 six months of 1978. He questioned the status of unpaid fines and costs which had been assessed for that period. Director Malone asked that the City Manager request the City Municipal Judge to report the total unpaid fines for the period of January 1977 through January 1978. 301 8/1/78 302 ADVERTISING AND PROMOTION 302.1 Advertising and Promotion Commission Chairman David Malone reported that state statutes are unclear as to how expenditures of hotel, motel, and restaurant tax receipts are to be approved. He said he did not know if the expenditures were to be approved by the Advertising and Promotion Commission, or whether they are to be recommended by the Commission for approval by the Board of Directors. 302.2 He reported that the Commission had met but that a quorum was not present. He said they reviewed tax receipts (which are exceeding projections) and had recom- mended expending $20,000 per year over a three year period for the preparation and distribution of advertising and promotion materials. He recalled that a Board resolution had stated the intention to expend the funds first for construction of a Continuing Education Center, a modest sum for advertising and promotion, and for a civic center. He said a telephone poll of those absent from the meeting resulted in their concurrence with the recommendation. He said the amount of money proposed for advertising is modest but that it is necessary to promote the Continuing Educa- tion Center prior to its completion. He said no budget had been prepared specifically for advertising but that a budget had been prepared and submitted to the City Manager regarding expenditures and receipt of hotel, motel, and restaurant tax revenues. 302.3 The City Attorney advised Director Malone that the Commission should meet again and a quorum present to formulate recommendations for expenditures. MISCELLANEOUS 302.4 1. The City Manager informed that street striping would commence soon according to the contractor. A delay was experienced by the contractor because a paint shipment had failed to meet state specifications, Grimes said. II/ 302.5 2. The City Manager requested authorization to explore possibilities of ex- panding City offices into the upstairs portion of City Hall in order to help alleviate space limitations. He said he would secure sketches and cost estimates for presentation to the Board at a future date. APPROVAL OF MINUTES 302.6 There being no amendments necessary to the minutes of the July 18, 1978 meeting, the Mayor declared them approved as submitted. ADJOURNMENT 302.7 There being no further business for the Board's consideration, the Mayor declared the meeting adjourned. ATTEST: Darlene Westbrook, City Clerk 302 APPROVED: Ernest E. Lancaster, Mayor 1