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HomeMy WebLinkAbout1978-08-15 MinutesMINUTES OF MEETING OF BOARD OF DIRECTORS August 15, 1978 303 The Fayetteville City Board of Directors met in regular session on August 15, 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 and Philip Colwell; City Manager Don Grimes, City Attorney Jim N McCord, and City Clerk Darlene Westbrook CO 111 ABSENT: Director Ann Henry QOTHERS PRESENT: Members of the audience and representatives of the news media. Q CALL TO ORDER The meeting was called to order by Mayor Lancaster. Following roll call and 303.1 a moment of respectful silence, the Mayor called for consideration of the first item of business. 1 RESOLUTION AUTHORIZING FLUORIDATION OF CITY WATER The Mayor declared open a public hearing on a proposed resolution to authorize 303.2 fluoridation of City water. Director Colwell had presented the proposal at the July 18 meeting. Dr. Frank Grammar, representing the Fayetteville Dental Study Club, read a 303.3 letter to the Board in which the group unanimously endorsed water fluoridation as a preventive measure in reducing dental caries. Mr. George Blackwell expressed opposition to the proposal stating that his 303.4 information sources indicated that fluoride was not advantageous for children over 14 years of age and that fluoride contributes to brittleness of bones in elderly persons. Blackwell did not believe that the public was sufficiently represented at the hearing and urged the Board to put the issue to a vote of the people. He recalled that the same issue had been defeated by the people 24 years ago. A Mrs. Davidson, wife of a retired medical doctor, supported the proposal. 303.5 She said fluoridation actually helps strengthen bones of elderly persons and helps prevent dental diseases which require persons to have dentures at an early age. Mr. Helmut Wolfe, 120 Skyline, also supported the proposal and said that the 303.6 issue has created a lot of misinformation and had resulted in emotional scare tactics to produce opposition. He said there is evidence to indicate that, where fluoride is naturally available, there are fewer cases of heart disease. Mr. Seth Jewell, 306 Baxter, favored the proposal and cited studies and reports which indicated that prolonged use of fluoride results in reduced tooth decay. Dr. Warren Massey, local pedodontist, supported the Dental Study Club endorse- 303.7 ment. Massey said that dentists see higher incidence of dental decay in children that do not receive fluoride. Dr. Noleta Nance also supported the proposal and cited case examples in which fluoride was effective in reducing tooth decay. Mr. (Mark Blossom, Fayetteville resident, opposed fluoridation of the water 303.8 supply. Rather than promote fluoridation, Blossom felt the Board should promote 303 8/15/78 304 better diet and nutrition. He said the issue also involved the citizen's freedom of choice. He felt that those who desire fluoride should seek fluoride treatment. Blossom contended that fluoride intake could be increased to toxic levels during hotter weather when residents have greater water intake. He urged the Board to vote in opposition to the issue. 304.1 Dr. Grammar agreed that better diet and nutrition were key factors in dental hygiene but that fluoride is an additive to those preventative measures. Grammar said that fluoride, a natural substance, would be added only to adjust the fluoride content to its effective level. Dr. Mae Nettleship also favored fluoridation and said that evidence is overwhelming as far as its environmental safety is concerned. 304.2 City Attorney Jim McCord advised that there were no legal requirements that the issue be submitted to the voters for approval. He advised that the citizens could petition for a referendum. 304.3 Dr. Louise Henry stated she was unconvinced that City water should be fluoridated. She noted that, following careful study and discussion, the City of Fort Smith had decided against fluoridation. She said she is very much opposed to the fluoridation. 304.4 Director Colwell rebutted charges that fluoride weakens bones. He stated that fluoride is frequently prescribed for elderly persons since fluoride has been found to be effective in reducing losses of calcium. He said fluoride could not be con- sidered as a medication since it is a preventative measure and not a medication that treats or cures any disease. Colwell .felt that those who need fluoride the most are those that cannot afford fluoride treatments. In regard to fluoride intake during hotter weather, Colwell said it is normal to adjust fluoride levels during hotter weather to assure that increased intake would not be toxic. He said that in half the states which have laws requiring water fluoridation, courts have ruled unfavorably on cases challenging the fluoridation. 304.5 Todd agreed that, according to available information, he did not question the effectiveness of fluoride in preventing or decreasing tooth decay. He felt that another freedom to consider is the children's right to freedom from tooth decay. He did question whether the Board should decide on the fluoridationissue or whether it should allow the citizens to vote on the issue. 304.6 Pirs. Davidson said the citizens have put faith in the Board and felt that they could make the best decision for the majority of the people. She urged the Board to vote on the issue rather than submit it to the people. 304.7 Director Hughes questioned whether the cost of the fluoridation would be charged to the people on a per capita basis instead of a meter basis. Hughes felt that the Board had not made an effort to advise the people what it may cost on the water meter basis. He said the City did not have the Ganey to provide fluoridation and that the Water and Sewer committee had recently discussed possibilities of a water rate increase. Director Colwell said costs per capita vary according to population and type of chemical used. He said costs range from 9¢ per capita in West Memphis to 27¢ per capita in Mountain Home. Colwell believed a system could be installed for less than what had been estimated. Colwell believed that continued growth of the City would result in increased water revenues which would make up the additional expense. 304.8 A Mrs. Tanner expressed opposition to fluoridation. She felt the Board should not decide on such a controversial issue but that the people should be educated on the fluoride issue and allowed to vote. Mayor Lancaster said he would not vote for anything that would take the issue from the people. He noted that the people have a referendum process which they could easily follow to put the issue on the ballot. Lancaster noted that the current Water and Sewer Budget makes no allocations for the fluoridation and that it could be several months before fluoridation is acutally begun. 304.9 Dr. Grammer added that, based upon national averages, fluoridation could result in a cost benefit of $31 foreach dollar invested. He said cost of fluoridation could be recouped through dental bill savings. 304 1 8/15/78 305 The City Attorney read the resolution to authorize addition of fluoride to the City water supply in an amount not to exceed 1.2 parts per million. Director Noland, seconded by Colwell, moved adoption of the resolution. The recorded vote was: Ayes: Lancaster, Colwell, Todd, Noland, Malone Nays: Hughes Absent: Henry The Mayor declared the resolution passed. RESOLUTION NO. 49-78 APPEARS ON PAGE 230 OF ORDINANCE & PUBLIC HEARING / ORDINANCE AUTHORIZING INDUSTRIAL BONDS RESOLUTION BOOK UI - Arkansas Best Freight 305.1 The Mayor declared a public hearing open for the purpose of hearing comments 305.2 regarding a proposed ordinance authorizing issuance of $500,000 in Act 9 bonds for construction of a freight terminal building for Arkansas Best Freight. There being no comments, the Mayor declared the hearing closed. The City Attorney read an ordinance which would authorize issuance of the 305.3 industrial development revenue bonds . He explained that the freight terminal, to be located north of the Highway 71 Bypass on Trucker's Lane, would be leased to Arkansas Best Freight on a 15 -year basis at a rate which would pay all cost of the bonds. He advised that the freight compnay had agreed to make annual payments in lieu of ad valorem taxes. Mr. H. L. Hembree, President of Arkansas Best Freight, was present and responded 305.4 to the Board's questions concerning the effect of the development upon present em- ployment levels. Hembree said the new terminal would not endanger employment of existing personnel and that the enlarged facilities would eventually result in in- creased employment. Director Hughes, seconded by Malone, moved rules be suspended and the ordi- 305.6 nance placed on second reading. The recorded vote was: Ayes: Lancaster, Colwell, Todd, Noland, Hughes, Malone Nays: None Absent: Henry The motion was declared passed and the ordinance was placed on second reading. Director Malone, seconded by Hughes, moved rules be further suspended and the 305.7 ordinance placed on third and final reading. The recorded vote was: Ayes: Lancaster, Colwell, Todd, Noland, Hughes, Malone Nays: None Absent: Henry The motion was declared passed and the ordinance was read the third and final time. Director Todd noted that the company's financial report reflected the company's 305.8 stability which he felt was important and provided security for the bonds. Hughes asked if the payments in lieu of taxes couldn't be distributed under another formula which would provide the City with a greater portion of the payment. Bond counsel Bill Patton stated that the payments have normally been distributed according to millage rates but that the City could negotiate another distribution agreement with the schools. There being no further discussion, the Mayor asked if the ordinance should 305.9 pass. The recorded vote was: Ayes: Lancaster, Colwell, Todd, Noland, Hughes, Malone Nays: None Absent: Henry The ordinance was declared passed. 305 8/15/78 306 306.1 Director Malone, seconded by Todd, moved adoption of the emergency clause. The recorded vote was: Ayes: Lancaster, Colwell, Todd, Noland, Hughes, Malone Nays: None Absent: Henry The motion was declared passed. ORDINANCE NO. 2459 APPEARS ON PAGE 96 OF ORDINANCE & RESOLUTION BOOK VI 1 TRANSPORTATION SYSTEM MANAGEMENT/IMPROVEMENT PROGRAM 306.2 Ms. Elaine Walker, Transportation Coordinator for Northwest Arkansas Regional Planning Commission, was present to explain to the Board the Transportation System Management and Transportation Improvement Program for the Fayetteville/Springdale transportation study area. 306.3 Ms. Walker said the document, required by the Department of Transportation, basically is a plan for each of the two cities as well as for Washington County. She said future projects which the City might request funding could not receive funding unless the project was included in the report. She said the report would be updated annually and that it is recommended the City adhere to the report during implementation stages. However, she said the plan is flexible and that the Board had 10 days during which to submit any changes, deletions or additions, or corrections. If the City had in mind a project which it would like to implement within the next six years, Walker advised the Board make certain the project is listed within the report. 306.4 During discussion, the Board expressed concern that the report did not include some projects which are listed on the City's adopted street improvement priorities. The Board expressed reluctance to approve the report until the City's street prioritie could be reviewedand included. The City Manager advised he believed the City's priorities are pretty well included and he did not think the City should try to in- clude within the transportation report everything listed on the City's Master Street Plan 306.5 Director Hughes believed the priorities should be included, particularly since several years lapse during the planning, engineering, and designing phases of a project. He felt projects would not be considered for planning stages if they were not listed. Grimes felt the Board would have to establish priorities from the Master Street Plan and submit what the City would like to do in six-year periods. Director Todd felt that bikeways should be included. Director Noland noted that the plan seemed to con- centrate in certain areas rather than in several areas in which problems exist. 306.6 Director Malone, seconded by Noland, moved that the Street Committee be requested to review the list and be sure that all priorities set by the Street Committee and approved by the Board of Directors in the priority adopted are included. The recorded vote was: Ayes: Lancaster, Colwell, Todd, Noland, Malone Nays: None Abstain: Hughes Absent: Henry The motion was declared passed. 306.7 Director Malone moved the City Manager write the Highway Department to assure that the upgrading of the Fayetteville Bypass would include four-laning and not just resurfacing. The motion was seconded by Todd and the recorded vote was: Ayes: Lancaster, Colwell, Todd, Noland, Hughes, Malone Nays: None Absent: Henry The motion was declared passed. 306 8/15/78 307 RESOLUTION NAMING STREET A request had been received that the Baord name a street located south of 307.1 Zion Road in front of a doctors office. Dr. Ely Brooks requested the street be named "Venetian Lane". The City Attorney read a resolution to name the street "Venetian Lane". Director Malone, seconded by Colwell, moved adoption of the reso- lution. The recorded vote was: Ayes: Lancaster, Colwell, Todd, Noland, Hughes, Malone Nays: None Absent: Henry The resolution was declared passed. (LJ RESOLUTION NO. 50-78 APPEARS ON PAGE 231 OF ORDINANCE & RESOLUTION BOOK VI CO MASTER STREET PLAN WAIVER REQUEST L) Mr. Duane Nelson had requested the Board waive Master Street Plan requirements 307.2 Q for a portion of Stearns Road, west of Highway 71, to allow construction of an office Q building south of the road's proposed future extension. Director Malone noted that the Planning Commission had recommended the service 307.3 road across the front be brought up to City standard including curb and gutter; that sidewalks not be required on the service road; and that Nelson upgrade the service road with curb and gutter under a contract basis with the City. Attorney Chip Wright, representing Nelson, agreed that Malone's statement was 307.4 correct in regard to Planning Commission action. He said that installation of curb and gutter at this time might be an unnecessary expense since the State Highway I Department has plans pending to make some improvements. Wright said Nelson would be willing to enter into a contract to install the curb and gutter upon the City's request. During lengthy discussion, the Board considered ways in which to allow the con- 307.5 struction without having to waive master street requirements. Director Malone questioned the need for 80 -feet right-of-way on the minor arterial street and said he would feel more comfortable by reviewing the 80 -foot requirement for other streets in town rather than considering just one street. Mr. Wright informed the Board that the Planning Commission did not have correct 307.6 drawings available to them. He said the Ramada Inn had been developed when the Master Street Plan required 60 feet right-fo-way and that the plan was amended to require 80 feet following development of the motel complex. By requiring 80 feet right-of-way, Wright said several parking spaces would be eliminated. Director Malone moved that the Board waive 10 feet on the south side back to 307.7 the back edge of the vacant property on that lot. Todd seconded the motion and the recorded vote was: Ayes: Lancaster, Colwell, Todd, Noland, Hughes, Malone Nays: None Absent: Henry The motion was declared passed. Director Malone, seconded by Hughes, then moved that the Planning Commission 307.8 be ;asked to review 80 -foot rights-of-way for expressway, principal and minor arterials, and collector streets to determine whether that much right-of-way is actually needed. The recorded vote was: Ayes: Lancaster, Colwell, Todd, Noland, Hughes, Malone III Nays: None Absent: Henry The motion was declared passed. 307 3(18 RESOLUTION AUTHORIZING EASEMENT - Industrial Park 308.1 Director Malone, seconded by Director Hughes, moved adoption of a resolution to authorize the Mayor and City Clerk to execute an easement with Frisco Railroad, for an existing railroad spur in the Fayetteville Industrial Park. The recorded vote was: Ayes: Lancaster, Colwell, Todd, Noland, Hughes, Malone Nays: None Absent: Henry The motion was declared passed. RESOLUTION NO. 51-78 APPEARS ON PAGE 232 OF ORDINANCE & RESOLUTION BOOK VI 1 CONTINUING EDUCATION CENTER 308.2 Director Malone discussed with the Board the method of approving expenditures of hotel, motel and restaurant funds. Malone reported that progress is being made in regard to the planned construction of the Continuing Education Center. He said some delay had been incurred in the site acquisition. Acquisition of four parcels by the Housing Authority have been completed but one of two parcels to be acquired by the City is being condemned. Malone said the City Manager and City Attorney are negotiating lease agreements with the University of Arkansas and he emphasized that he was not participating in those negotiations. Detailed plans of the center are expected by October 1, Malone said. 308.3 Malone reported that the hotel plans have been completed and that site acquisition in in negotiations. The parking study is nearing completion and preliminary figures indicate that a parking facility would be short about $10,000 per year in paying for II/ itself but that the shortage could be recovered by rentals to downtown businesses. He said the City Manager is negotiating possible leases for the parking facility. The Board took no action following the report. ADVERTISING AND PROMOTION FUND APPROPRIATIONS 308.4 Director Malone reported that the Commission had been notified by the Chamber of Commerce that it would no longer be able to bear the cost of City promotional ads which appear in various booklets regarding the area. He said the Chamber is willing to continue responding to requests stimulated by promotional ads. He said the Advertis ing and Promotion Commission recommended that $5,000 per year be allocated over the next three years for placing ads area promotional booklets and that the commission interview an advertising agency that might be interested in assuming the job to develop a proposed ad and media schedule. He said he felt the job should be open to anyone that would apply but that he personally would prefer someone who is familiar with Fayetteville. He said he felt the City should send letters to those who might be interested in making a proposal for the ad development and that the commission be allowed to decide which proposal to accept. 308.5 Malone referred to a recent memo from the City Attorney which indicated that the Advertising and Promotion Commission is to designate how hotel, motel and restaurant taxes are to be spent but that the Board of Directors makes the decisions on carrying out those recommendations. Director Malone, seconded by Todd, moved that $5,000 per year be allocated for three years for development of an advertisement and media schedule; and that the Commission interview prospective consultants and make a selection. The recorded vote was: Ayes: Lancaster, Colwell, Todd, Noland, Hughes, Malone Nays: None Absent: Henry The motion was declared passed. 308 N CO U) U Q Q 1 8/15/78 309 Malone then reported that the Division of Continuing Education in promoting the Continuing Education Center prior to its completion so that activities can be booked in advanced. He said the University of Arkansas is able to expend funds to promote is own functions and programs but that it couldnot make expenditures to promote area attractions or local facilities. He said they had asked that the Advertising and Promotion Commission assist in preparation and printing of an informational packet which would include information regarding local and area attractions. He said the University had estimated expense for the project to be $15,000. In addition, they had requested allocation for development of an audio visual program. Malone reported that the Commission had recommended budgeting $15,000 for the first year and- $10,000 each for the second and third years for the preparation and development of the brochures and audio visual program. He said the idea was that the Commission budget the funds but that the consultant would be requested to prepare a specific budget showing exactly how the money would be spent. He said the brochures and audio visual program would be subject to final approval of the Advertising and Promotion Commission. Director Hughes insisted that any individual or firm who accepts anything in the way of monetary compensation from the City be required to secure an occupation license. Director Todd stated he would be more favorable towards the recommendation if the funding were limited to one year with a reassessment of the advertising and promotion activities before further funding. Director Malone, seconded by Noland, moved approval of the recommendation to expend $15,000 for preparation of brochures and $10,000 over the next two years for development of an audio visual program. The recorded vote was: Ayes': Lancaster, Colwell, Noland, Hughes, Malone Nays: Todd Absent: Henry The motion was declared passed. 309.1 309.2 309.3 RESOLUTION AUTHORIZING PROPERTY TRANSFER - East Elm Street Director Hughes, seconded by Malone, moved adoption of a resolution authorizing 309.4 sale of a small parcel of property located west of 919 East Elm Street which was left over following the Juneway Terrace extension to Elm Street. He said Associated Appraisers had appraised the parcel and determined it is of no value to anyone but the adjoining property owner at 919 East Elm. The proposed purchase price was $1.00 plus appraiser's fee. The recorded vote was: Ayes: Lancaster, Colwell, Todd, Noland, Hughes, Malone Nays: None Absent: Henry The resolution was declared passed. RESOLUTION NO. 52-78 APPEARS ON PAGE 235 OF ORDINANCE & RESOLUTION BOOK VI RESOLUTION AUTHORIZING SALE OF INDUSTRIAL PARK PROPERTY - Robertson Oil Director Hughes moved adoption of a resolu acres to Robertson Oil Company for a cash price Ayes: Lancaster, Colwell, Todd, Noland, Hughes Nays: None Absent: Henry The resolution was declared passed. tion authorizing the sale of 4.90 of $14,175. The recorded vote was: , Malone RESOLUTION NO. 53-78 APPEARS ON PAGE 236 OF ORDINANCE & RESOLUTION BOOK VI • 309 309.5 8/15/78 310 CRIMINAL JUSTICE FUNDING 310.1 Director Malone, seconded by Colwell, moved mendation that the City pay $950 for supplemental Justice Planning Council. The recorded vote was: Ayes: Lancaster, Colwell, Todd, Noland, Hughes, Nays: None Absent: Henry The motion was declared passed. BID AWARD - Bid 370 / Concrete approval of the City Manager's recomIII - funding of the Northwest Criminal Malone 310.2 Purchasing Officer Sturman Mackey recommended award of bid for a one-year contract to the only bidder, Jerry Sweetser. Mackey informed the average increase over the present contract is 7% with the highest increase for one item being 5%. Mackey em- phasized that the contract was not for any federally funded projects. The recommenda- tion was moved for approval by Director Todd. The motion was seconded by Hughes and the recorded vote was: Ayes: Lancaster, Colwell, Todd, Noland, Hughes, Malone Nays: None Absent: Henry The motion was declared passed. OTHER BUSINESS • CITY CLERK RESIGNATION 310.3 The City Manager informed the Board of the City Clerk's letter of resignation effective August 31, 1978. Director Hughes requested an exit interview be conducted and that any new appointee to the position not receive a higher salary than what is paid now. NORTHWEST ARKANSAS MALL ACCESS 310.4 Director Malone recalled that the Highway Department had agreed to look at the traffic control situation at the Northwest Arkansas Mall and submit a recommendation. He noted that no word has been received from them and asked that they be requested to report. HIGHWAY 71 SOUTH 1 310.5 City Manager Grimes reported that plans are still in progress for Highway 71 South improvements. LIQUOR PERMIT APPLICATION 310.6 Director Hughes was concerned that a proposed saloon/restaurant at the location of Sycamore and College would not have sufficient parking and would compound existing traffic hazards. He felt the City should strictly enforce the parking requirements for the facility. 310 1 1 8/15/78 311 GENERAL FUND AUDIT Director Todd noted that the 1977 General Fund Audit indicated that the auditors could not verify records of police and municipal court for the period ended December 31, 1977 and that neither department had been in compliance with state law. Grimes replied that two relatively simple items were involved and that another re- quired transfer of personnel for collection purposes. Grimes said he did not know if the auditing committee had revisited to clear the noncompliance. SEMI-ANNUAL FINANCIAL REPORT Director Todd questioned why pension contributions seemed to exceed budgeted 311.2 (J amounts. Budget Officer Sturman Mackey informed he was aware of one transaction which CO might have resulted in abnormal figures. Todd also asked if the large amount of 1.0 water and sewer fund accounts receivables had been clarified. Todd also questioned V why the financial report did not reflect any recent payments from Frontier Airlines. The City Manager said he did not know why there were no payments reflected but that Q Frontier had indicated they would be interested in negotiating a contract. In regard Q to a $21,000 grant receivable in the 1971 Airport Bond fund, the City Attorney ex- plained that the grant had not yet been closed out because the City had not complied with the property acquisition requirements and because FAA had misplaced some ease- ment docuemtns. He said he hoped the grant would be closed out by the end of the year. 1 1 INTERSECTION MAINTENANCE Director Hughes mentioned that most of the intersections which he had listed 311.3 at the July 5 meeting as needing weed removal had not yet received attention. APPROVAL OF MINUTES There being no amendments to the minutes of the August 1 meeting, the Mayor de- 311.4 clared the minutes approved as submitted. ADJOURNMENT There being no further business for the Board's consideration, the Mayor declared 311.5 the meeting adjourned. ATTEST: DARLENE WESTBROOK, City Clerk APPROVED: ERNEST E. LANCASTER, Mayor 311