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HomeMy WebLinkAbout1979-01-02 Minutess 424 MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS January 2, 19/9 The Board of Directors of the City regular session on January 2, 1979 the City Administration Building. PRESENT: City Manager Don Grimes, Assistant David McWethy, John Todd, Paul Noland, and Ann Henry. ABSENT: Ernest Lancaster. of Fayetteville, Arkansas met in , at 7:30 P.M., in the Board Room of City Attorney Jim McCord, Administrative City Clerk Angie Medlock, and Directors Richard Osborne, David Malone, Phil Colwell, OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER AND ELECTION OF MAYORS 424.1 In the absence of Mayor Lancaster,Assiscant-Mayor Todd called the meeting to order After roll call and a moment of respectful silence, the City Attorney' introduced Municipal Judge Charles Williams who administered the oath of office to newly elected Director Richard Osborne and re-elected directors John Todd and Paul Noland. 424.2 Assistant -Mayor Todd invited nominations for the position of Mayor. Director Colwell nominated Director David Malone. There being no further nominations, Director Henry moved Director Malone be elected by acclamation to serve as mayor. Director Colwell seconded the motion. The recorded vote on the motion was: Ayes: Henry, Todd, Noland, Osborne, Malone, Colwell. Jays: None. Absent: Lancaster. The mot -ion was declared passed. 424.3 Director Henry nominated Director John Todd for the position ofAssistant- Mayor. Director Noland seconded the motion. The recorded vote was: Ayes: Malone, Colwell, Henry, Todd, Noland, Osborne. Nays: None. Absent: Lancaster. The motion was declared passed. REVENUE SIHARING / Public Hearing 424.4 Mayor Malone opened the public hearing on the proposed 1979 Revenue Sharing Budget. Budget Officer Sturman Mackey noted that in the Director's agenda was a copy of the proposed totals for each department which they would like to have adopted. 424.5 Director Todd said he would prefer to wait and adopt the revenue sharing budget with the overall City budget. Mackey said the Board did not need to approve the revenue sharing budget at this meeting, but only need to hold a public hearing, as required by the revenue sharing regulations. 424.6 Director Todd questioned what the $1,000 allocated to the Council on Aging would be used for. Budget Officer Mackey said it would be used for equipment for use in the elderly program carried on in the Adult Center at #1 North School. Todd questioned if it has been determined that these items could not be bought with Community Development funds and Mackey said he didn't know. 1 1 1 1 January 2, 1979 Director Noland questioned how the money allocated for public infor- mation would be spent and.Sturman Mackey said this would be spent for an annual report for 1979. Director Todd questioned how they used the money allotted for public information for the previous year and Mackey said it was not spent. The public hearing'was concluded. Director Todd questioned if it costs more to administer the smaller items and Mackey said "no". He said the procedure would be the same for all items. SIGN APPEAL / Dr. John Andre Administrative Assistant McWethy said the petitioner had submitted a Board of Adjustment application which was denied, and he is no longer inter- ested in this piece of property. McWethy said Dr. Andre is asking that the (V sign appeal be withdrawn. The Board agreed to permit withdrawal of the (Y) sign appeal. APPOINTMENTS Director Todd stated that the Housing Authority is recommending Robert, Windham to fill the unexpired term of Bill Underwood, expiring January 1, 1984, and Lloyd Seaton to fill the unexpired term of Bill Gould, expiring January 1, 1984. Mayor Malone questioned if either of these nominees were recommended by the Board of Directors to the Housing Authority and McWethy said "no". Director Todd moved the nominations of Robert Windham and Lloyd Seaton be approved. Director Henry seconded the motion. The recorded vote was: Ayes: Malone, Colwell, Henry, Todd, Noland, Osborne. 111 Nays: None. Absent: Lancaster. Mayor Malone declared the motion passed. RETIREMENT PLAN City Manager Grimes asked that the Board table consideration of a resolution authorizing the participation by all interested full-time city employees in the International City Management Association Retirement Corp. retirement plan. Grimes explained that at first the City thought they would need to do this to be in compliance with the federal r-egulations but they would now like to wait until the IRS and Congress get a problem resolved on whether all employees should be allowed to join the retirement plan or if it should be discretionary on who would be eligible. Grimes said when they bring the plan back, they will probably ask that department heads and their assistants also be allowed to join the retirement plan. He said, normally, the higher level people are the ones who would change jobs and would like to have the retirement transferred. Director Noland, seconded by Henry, moved consideration of this item be tabled. .The recorded vote on the motion was: Ayes: Malone, Colwell, Henry, Todd, Noland, Osborne. Ways: None. Absent: Lancaster. The motion was declared passed. BID AWARD / Industrial Park The Mayor said bids had been taken for a sewer line extension in the Fayetteville Industrial Park. Director Todd questioned what fund the money would come out of and the City Manager explained that some money was added to the cost of the lots in the Industrial Park to offset the cost of sewer line extension and construction of a road. Mackey noted that the money would be paid out of the Industrial Park fund to the Water/Sewer Department. 425 425.1 425.2 425.3 425.4 425.5. 425.6 425.7 425.8 January 2, 1979 426 426.1 Director Todd, seconded by Henry, moved the bid be awarded to Pyramid Construction Company, low bidder, for $8,646.00. The recorded vote was: Ayes: Malone, Colwell, Henry, Todd, Noland, Osborne. Nays: None. Absent: Lancaster. The motion was declared passed. WAIVER OF LOT SIZE 426.2 Next was discussion on a request submitted by Mildred Graue for a lot split approval for a parcel of property less than an acre and a half, not having sewer. The City Attorney explained that the ordinance requiring a 1.5 acre parcel of land for property which is not accessible to City sewer was adopted on July 5, 1977. He noted that the offer and acceptance for the property in question was signed before this date, so had the buyer applied for a lot split, a lot split could have been approved by the Planning Administrator. McCord explained that the person buying the property was not aware that a lot split was required, but now he is getting ready to sell the property and it has been brought to his attention that a split is needed. McCord said the Planning Administrator did not feel she had the authority to grant the split. 426.3 Mildred Graue, representing the property owner, said in examining the abstract they had found a lot split had not been approved. 426.4 Director Todd questioned how far the property is from sewer and McWethy said according to the water/sewer superintendent, to extend sewer would require 150 feet of 6" sewer line. Mayor Malone noted that the City Engineer has estimated the cost of extending the line to be $2,700 plus possibly $750 for rock excavation. 426.5 Director Todd said he would have trouble justifying the approval because of the nearness of sewer. He said it seems eventually sewer will be extended past this property. 426.6 Director Noland questioned if the State requires a minimum 1.5 acres for property which would be on a septic system and Bill Graue said "no". He said the State and County will accept lesser lot sizes, as long as they meet percolation tests for septic systems. 426.7 Director Malone questioned if the City had previously considered extending sewer on Stone Bridge Road. 426.8 There was some discussion on whether the City could require individual property owners to connect to sewer if it is reasonably accessible. The City Attorney explained that the City could not require connection to sewer if it would require crossing private property to hook on. 426.9 Director Noland questioned if the City should consider paying the difference for oversizing of the sewer line because someday sewer will probably be extended to the north and this will be a chance to get the easement and a partial contribution on construction. The City Manager noted that immediately south of this property are several small houses which might qualify for CD funds. 426.10 Director Noland said he feels the City should try to help the property owner, but at the same time, get the easement for a sewer line before a building permit is issued. Mr. Grimes noted that what the City has done in the past is pay the difference in a septic system and sewer. 426.11 Director Noland moved that the request for the lot split be approved provided that no building permit will be issued on the remaining one acre tract until sewer is available and further, provided that approval is con- tingent upon the property owner providing the City an easement for extending the sewer line. Director Todd seconded the motion. The recorded vote was: 1 1 1 January 2, 1979 427 Ayes: Malone, Colwell, Henry, Todd, Noland, Osborne. 427.1 Nays: None. III Absent: Lancaster. The Mayor declared the motion passed. LEASE CHANGE / Drake Field Mike Price was present requesting an amendment to an airport hay -removal 427.2 rights lease, to allow for "partial crop cultivation under the supervision of the Airport Manager". Director Noland questioned what type of crops Price would be cultivating 427.3 and Price said it would be soybeans. Price said the portion he is wanting to cultivate -is totally useless now and he would plant some type of grass there after he is finished with the land. Mayor Malone questioned if there would be any problem with FAA rules and 427.4 N Larry Palmer, Airport Manager, said there would not be. Palmer said he would CO like the lease agreement to reflect that after the crops have been cultivated, Lf) the property would be planted with some type of grass at Price's expense. U Mike Price said the only stipulation he would like to make is that he 427.5 Q would be able to harvest any crops planted if for any reason the City terminates the lease, or the City would reimburse him for any loss he would have for Cr not being able to harvest the crop due to cancellation of the lease. Director Todd asked if the lease modification would be so great it should 427.6 require readvertisement for bids and McCord said "no". Mayor Malone questioned the number of acres Price would be able to cultivate and Price said it would be approximately 110-120 acres. 427.7 Director Noland questioned what guarantee the City would have that the 427.8 property would be returned to its natural state. McCord said they might want III to require someitypeof bond. He noted further that if Price didn't live up to the contract agreement, he would be in breach of contract. In answer to a question, Price said the cost to put the acreage back in 427.9 grass would be $60.00-$80.00 per acre. Director Osborne suggested an amendment to the lease agreement that the City could, if they wished, take some sort of payment in lieu of putting the grass back in. Director Noland said his only hesitation is some sort of guarantee the 427.10 property will be restored as grass when the lease is up. The Board agreed to table further discussion on the proposed lease change 427.11 until an amended lease could be drawn up by the City Attorney. ELECTRICAL CODE The City Attorney stated that proper notice was not published in the paper 427.12 prior to consideration of the ordinance accepting the 1978 National Electrical Code, so action by the Board should be tabled until a later meeting. The•'City'Attorney noted that the Electrical Inspector, Tom Tucker, has 427.13 requested that the part 6f the ordinance requiring "ground fault interruptors" in garages of residential structures be deleted. He said they are also asking that Ordinance 2311 which provides that all public buildings should be wired with EMT wiringbe amended to provide that the use of Type NM and BXB wire shall be permitted in residential dwellings only. Tom Tucker said the Electrical Licensing Board had suggested the changes which McCord had pointed out. Director John Todd questioned the reason for the change and Tom Tucker 427.14 stated that in 1975 they went to ground fault in bathrooms and outside because of the danger of running extension cords, but the Electrical Licensing Board has decided to ask to delete the requirement for ground fault interruptors in garages in residential dwellings. 428 January 2, 1979 428.1 Director Todd questioned if someone in the Fayetteville area had died from electrocution in his garage. He asked that someone check on this. 428.2 The Electrical Inspector explained that most electricians use ground fault receptacles rather than ground fault circuit breakers. Todd questioned the cost and Tucker said the installed ground fault receptacle would be about 540.00. 428.3 Mayor Malone asked if the electrical licensing board gives the Electrical Inspector advice on what changes to recommend and Tom Tucker said 'yes". Mr. Tucker said both this year's board and last year's board feel the ground fault in the garage would cause trouble. 428.4 Tom Tucker noted that the biggest change in the 1979 Electrical Code is the different ways things could be interpreted. Mayor Malone asked if there would be any more expense in the new interpretations and Tom Tucker said he didn't think so. OTHER BUSINESS ICE STORM DAMAGE 428.5 City Manager Don Grimes said the City had held a department head meeting to discuss what steps should be taken by the City to clear the trees which had fallen due to the ice storm. Grimes said they have decided to use street crews during regular working hours to pick up wood and haul it to a central location near the Industrial Park. Grimes said they are asking that people cut the wood into pieces small enough for one man to handle. Mayor Malone said he feels it is important to emphasize to the public that it may be a month or more before the street crews get all of the trees cleaned up and hauled away. Grimes said they plan to have the wood available for pick-up by the public to use for firewood. He also said they will be dozing and burning the wood occasionally and they have received approval from the Department of Pollution Control to do this, as long as all they burn is wood. 428.6 Director Todd suggested someone go into the various neighborhoods and cut up the wood for fireplace use, and leave it there for people to pick up rather than hauling it all to the industrial park location and the people having to go there to pick it up. Mr. Grimes agreed that this was a good idea. 428.7 Director Noland asked how the City proposes to get the information to the public and the City Manager said he plans to get information to the media as soon as possible. Grimes said they have also contacted the National Guard to see if they would be willing to help in the clean-up operation, at least one weekend. APPRECIATION TO UTILITY COMPANY AND CITY EMPLOYEES 428.8 Director Colwell asked that the City Attorney read a resolution which Colwell had submitted expressing appreciation to various utility companies and city employees for their help in restoring service and clearing blocked streets during the New Year's weekend ice storm. 428.9 After the reading of the resolution, Director Colwell, seconded by Todd, moved the resolution be approved. The recorded vote was: Ayes: Malone, Colwell, Henry, Todd, Noland, Osborne. Nays: None. Absent: Lancaster. The Mayor declared the motion passed. RESOLUTION NO. 1-79 APPEARS ON PAGE 21 OF ORDINANCE AND RESOLUTION BOOK VII. COMPUTER STUDY 428.10 Director Todd stated that the Finance Committee had entertained proposals from various companies who were interested in assisting the City in developing 1 1 1 January 2, 1979 429 a new computer system. He said at one point, the "Finance committee had narrowed down the proposals to those submitted by Henry Thibault and Scoggins, Sellers, and Associates, and possibly Hodges, Vines, Fox, Castin, and Associates. Todd said now, the Department of Local Services has offered their assistance in this project, and the Finance Committee would like to have revised proposals, excluding the work which the Department of Local Services will do. After a short discussion, Director Todd moved that the Board authorize the City Manager to negotiate with Thibault and Scoggins, Sellers and Assoc. for a revised proposal using the Department of Local Services for part of the original proposal. Director Henry seconded the motion. The recorded vote was: N Ayes:- Malone, Colwell, Henry, Todd, Noland, Osborne. Nays: None. CO Absent: Lancaster. (S) The Mayor declared the motion passed. Purchasing Officer Mackey noted that the proposals are on file in his office for the Board's inspection. Q SEWER FACILITIES Director Noland noted that several weeks ago he had circulated maps showing estimated growth areas for the City and the eingineers working on this project would like to have some input from the Directors on whether they think the map is accurate, so they can design sewer treatment facilities and lines. He said the Board either needs to let the engineers know what changes they recommend, or approve what they have submitted. City Manager Grimes said this has tentatively been placed on the agenda for the next meeting. WALKER PARK Administrative Assistant McWethy 'explained that it appears the City does not yet own Walker Park. He stated that in 1949 the Fayetteville Youth Center Board entered into an agreement with Fannie Walker concerning purchase of property north of Walker Park and in 1960 the City entered into an agreement with Fannie Walker concerning the park property and the property north of the park. He said a condition of this agreement was that the City was to honor the Fayetteville Youth Center Board's obligations from the 1949 agreement. McWethy said when all agreements in the contract were fulfilled, the City would appoint one person, Walker's would appoint one person and those two would jointly appoint a third person to determine if the agreements had been substantially fulfilled. Mr. McWethy stated that they are asking that the City Board appoint Skip Holland to represent the City, Bryan Walker will be representing Fannie Walker's estate, and they will then appoint a third person. McWethy noted that also a part of the obligation was that the City would grade and gravel and make passable 7th Street from South College to Highway 71B and open up to South Block Street. McWethy said according to the map included in the 1960 agreement, the portion of South Block referred to.is that portion north of 7th Street which is already open and paved. Director Noland moved Skip Holland be appointed as the City's representa- tive to assess the situation. Director Colwell seconded the motion. The recorded vote was: Ayes: Malone, Colwell, Henry, Todd, Noland, Osborne. Nays: None. Absent: Lancaster. The Mayor declared the motion passed. MINUTES The minutes were approved as mailed. The meeting adjourned at 9:05 P.M. 429.1 429.2 429.3 429.4 429.5 429.6 429.7 429.8