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HomeMy WebLinkAbout1980-05-06 Minutes5-6-80 350 MINUTES OF A BOARD OF DIRECTORS MEETII'IG A meeting of the Board of Directors was held on Tuesday, May 6, 1980, at 7:30 P.M. in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. PRESENT: Directors Noland, Osborne, Sharp, Todd, Colwell (arrived 7:35 p.m.), Henry, Lancaster; City Manager Don Grimes, City Attorney Jim McCord, City Clerk Bonnie Goering, and Administrative Assistant David McWethy. ABSENT: None OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER 350.1 Following a moment of respectful silence and roll call, the Mayor called the meeting to order. SIGN APPEAL/EXXON COMPANY, U.S.A. 350.2 Mayor Todd introduced an appeal from Exxon Company, U.S.A., for a variance from the literal provisions of the Sign Ordinance, for an existing sign located at 23 North College Avenue. The ordinance requirement is for a 40 ft. setback for a sign of this size and height for this Zoning District (C-4 "Downtown Commercial"). The variance requested is for permission to allow the existing free-standing sign to remain at a 4 ft. setback from the street right-of-way. This request was con- sidered and tabled by the Board on December 18, 1979, until it could be determined if a canopy located at a vacant service station to the south would remain, since it would hide the sign if it were brought into compliance with the Sign Ordinance's setback requirements. 350.3 Mr. C.G. Ogburn, representing Exxon Co., indicated that as he had explained in December, Exxon does plan to conform to all sign requirements by January 15; however, they do have two problems with the station on North College. He said they were in compliance with everything except the setback requirement. 350.4 In response to Mayor Todd, Sign Inspector John Dietzen confirmed that the building is only set back 35 ft. from the right-of-way and if the sign were allowed to be set back 29 ft., he would only be out of compliance by 11 ft. 350.5 Mayor Todd noted that because of the canopy to the south, his only other option would be to increase the height of the sign. In response to Director Colwell, Dietzen and Ogburn said that it had not yet been determined if the sign would be visible from the south if the height were increased to the maximum of 30 ft. 350.6 Director Lancaster moved to grant the variance with a setback of 29 ft. from the right-of-way. Noland seconded the motion with the provision that the variance would apply only for the length of time that the building is used as a service station. 350.7 The Mayor called for a vote on the motion. The recorded vote was: Ayes: Noland, Osborne, Sharp, Todd, Colwell, Henry, Lancaster Nays: None Mayor Todd declared the motion passed. SIGN APPEAL/WAL-MART STORES, INC. 350.8 Mayor Todd introduced an appeal from Wal-Mart Stores, Inc. for a variance from the literal provisions of the Sign Ordinance, for an existing sign located at 1686 South School (Southgate Shopping Center). The ordinance requirement for this Zoning District (C-2 "Thoroughfare Commercial") is that roof signs must be removed unless the Board determines that strict enforcement would be unreasonable. 1 1 1 5-6-80 The variance requested is for permission to allow the existing 808 sq. ft. 351 roof sign to remain. Andrew Schwerdtfeger, Property Manager of the Real Estate Department of Wal- 351.1 Mart Stores, Inc., noted that the Board had received copies of Wal -Mart's state- ment of position prepared by their attorney, Ray Cornelius, and he briefly discussed each of the six factors outlined on the statement of position: 1) The cost of removal and replacement of the existing sign would be extremely expensive (approximately $40,000); 2) Bringing the sign into conformity would be to place Wal-Mart in an unreasonable bargaining position in any renegotiation of its lease agreement which is due to expire June, 1981. He noted they would have a six-month notification period of intent to renew .the lease; 3) The property is located on a. downward slope from the highway, and from street -level to store- front the property decreases in height approximately ten feet. The building is 0) a single -level, 14 ft. tall structure and from street level the store has an approximate visibility of 4 ft. above street level without the existing sign and 0 an approximate visibility of 102 ft. above street level with the existing sign. CO He presented drawings showing the sign dropped down below the roof line and said CI their canopy height clearance underneath the sign is now only 14 ft. and if they Cr dropped the 8 ft. letters down it would only give a 6 ft. clearance which would Q present a liability problem. He also indicated that because of the distance from the street, that the 8 ft. letters were required for visibility. Showing a drawing with 4 ft. letters, which would be necessary if the sign were dropped below the roofline, he pointed out that this size sign would not stand out to the customer in the street. He noted if one is looking at the store from the west across the front of IGA, they would be at a disadvantage as the Wal-Mart store lies at the far end of the shopping center. In answer to Mayor Todd, Mr. Schwerdtfeger indicated that they have a 20 351.2 IIIyear lease with four 5 -year options to renew. Mr. Schwerdtfeger pointed out that the physical design of the building is 351.3 unique to their company in that all they have for structural support of the sign is a 6 ft. beam that runs across the front of the building with a 14 ft. clearance. He said they have their advertising image to uphold and this building allows very little space for attaching a sign. He also pointed out the problem with pedestrian and vehicular traffic in front of the building; 4) If Wal-Mart is made to comply with the regulations it is reasonable to 351.4 expect sales losses because of the lack of advertising --of the customer knowing where the store is; 5) The value of the property as retail property would be greatly decreased because of the slope of the ground; and 6) The requested variance would be in keeping with the spirit and intent of the ordinance. He pointed out that the true intent and spirit of Section 17B-11 of the Regulations is to prevent the existence of signs offensively protruding above tall and multi-level buildings, and not to prevent signs from reasonably exceeding the roofline of a single -level building located in a low area. He said their sign is neither offensive nor protruding. In showing slides taken of the store from different angles, Mr. Schwerdtfeger 351.5 pointed out that from the north looking south there is a 14 ft. canopy with the eye -beam across the front to which the sign is attached. He noted that if the signs were dropped below the canopy line, the cars in the parking lot would block visibility. He also noted that if the 8 ft. letters were moved downward there would be little or no clearance. He showed slides of other Wal-Mart stores in various locations and indicated that if this building at South School were adapted, III the money would be spent for a new marquee over a vestibule area. Director Sharp asked whether or not the signs on the east and west are 351.6 included in the 180 square feet, and Sign Inspector John Dietzen said they were. 5-6-80 352 352.1 Director Sharp, seconded by Henry, moved to allow the Wal-Mart sign in the center without the signs on the east and west (i.e., "We Sell for Less" and "Discount City") until October 1981, and then if they renew the lease at that time, they must bring the sign into compliance by October 31, 1981. 352.2 The Mayor called for a vote on the motion. The recorded vote was: Ayes: Noland, Osborne, Sharp, Todd, Colwell, Henry, Lancaster Nays: None Mayor Todd declared the motion passed. SIGN APPEAL/FRIENDLY LIQUOR 352.3 Mayor Todd introduced an appeal from Friendly Liquor for a variance from the literal provisions of the Sign Ordinance, for an existing sign located at 816 North College Avenue. The Ordinance requirement for this Zoning District (C-2 "Thoroughfare Commercial") is a 21 ft. setback for a sign of this size and height, and the variance requested is for permission to allow the existing 22 sq. ft. free- standing sign to remain at a 2 ft. setback from the street right-of-way. 352.4 Marshall N. Carlisle, representing Jerry House d/b/a Friendly Liquor, pointed out that Friendly Liquor only has one sign of 22 sq. ft. and the problem is that if they are required to set the sign back to 21 ft. the sign would be of no use because of the other buildings and the topography. He said they were asking for relief primarily because of the cost; the sign is only eight years old, but has a useful economic life of approximately 15 years. He said they would be willing to move the sign back a reasonable distance so as to get some use out of it. 352.5 Mayor Todd pointed out that this is a two-part sign; the top part advertises Budweiser Beer and the bottom partidentifies the store. In response to Mayor Todd, Mr. Carlisle said that Mr. House's total expense for the sign was approximately $2,000 which did not include the Budweiser portion of the sign. 352.6 Jerry House pointed out that there is a house with a large maple tree south of the lot that extends approximately 45-50 ft. in front of the face of the building and that if the sign is moved any further back the sign could not be seen. Mr. Carlisle pointed out that this is the one direction from which the sign would be completely hidden from view. 352.7 In response to Mayor Todd, John Dietzen pointed out that the square footage on the smaller of the two signs (i.e., Friendly Liquor) is approximately 6 sq. ft. and that the minimum setback requirement would be 15 ft. for a sign up to 10 sq. ft. 352.8 In response to Director Colwell, Mr. Carlisle indicated he would consider doing away with the Budweiser portion of the sign completely if allowed a 10 sq. ft. sign in the same location, and said he felt that the sign which would only advertise Friendly Liquor would probably be smaller than 10 sq. ft. 352.9 Director Colwell moved that a variance be granted whereby the Budweiser sign would be removed and a 10 sq. ft. identification sign at the lower level of the existing sign be allowed to remain at 2 ft. setback. 352.10 Director Osborne seconded the motion with the provision that the sign be allowed for as long as that store operates in that location with Jerry House as the operator. 352.11 Director Henry pointed out that the Board denied a similar request from Rex Benham, Highway Inn, and Director Noland said that one of the differences is that the Friendly Liquor sign has to be either where it is or back against the building and that it is not feasible or reasonable to put the sign in the middle of the parking lot. 352.12 Director Osborne amended his motion with another provision that the sign be allowed for as long as the house to the south is blocking the view. 352.13 The Mayor called for a vote on the motion and the recorded vote was: Ayes: Noland, Osborne, Sharp, Colwell Nays: Todd, Henry, Lancaster The Mayor declared the motion passed. 1 1 -5-6-80 LEMS REFERENDUM 353 Mayor Todd said at the request of the City Manager and himself, City Attorney 353.1 III Jim McCord had been asked to draft a back-up ordinance to ensure ambulance service for Fayetteville if the Quorum Court's Ordinance 80-5 is voted down in the up- coming election. On February 14, 1980, the Washington County Quorum Court passed Ordinance 80-5 which levied a $15 per household service charge on residents in the Farmington, Greenland, West Fork, Winslow, Elkins, and Fayetteville school districts. The revenue so derived would be used to finance the Central Emergency Medical Service ambulance operation. Since it appears that Ordinance 80-5 will be referred to a vote of the people and possibly contested in court, even if it passes at the polls, the City is considering whether to ask the Quorum Court to consider referring to the people an ordinance that would levy this same $15 service fee only on households within the Fayetteville City limits and only if Ordinance 80-5 0 does not become effective. Mayor Todd pointed out that this proposed ordinance is in no way a lack of 353.2 O support for the existing ambulance service and that the preference is for the Op service to be continued as it is on the regional basis, but that we have a 0 responsibility to the people in Fayetteville to try to provide alternatives and a this is a way to do it without a lapse in time, basically this ordinance would Q levy the existing $15 household fee in the event the voters in Fayetteville adopt it and in the event that the existing service is voted down. Mayor Todd said that as he understood the enabling legislation, the City Board cannot put this to a vote --it would require that the Quorum Court put this on the ballot. He said the. Board. is proposing that this be done at the same time as the referendum election, partially as a cost saving and also as a way of keeping the service going if necessary. He said the Quorum Court would be responsible for the administration, requiring whatever support they call for from the LEMS just as IIIthey do now in order to satisfy themselves that it is being run effeciently and effectively. In response to Mayor Todd, City Attorney. McCord outlined two revisions to the 353.3 ordinance: The language in Section 3 was changed to insure that there would not be a one-year, lapse in collection; Section 1 includes a definition of the term "household" to be one or more persons who dwell in the same living unit. He said it would also be advisable to define the term "living unit" and that the City Manager had recommended that the term be defined to include single-family residences, individual apartments, individual dormatory rooms, individual fraternity and sorority rooms, and mobile homes. In response to Lancaster, McCord noted that the service charge would only be 353.4 levied upon the residents of Fayetteville. In response to Mayor Todd, McCord said that in his opinion only the people in 353.5 Fayetteville would be allowed to vote on this. He said the County ordinance was not adopted under the EMS Act, it was adopted under the County Reform Act, and that the EMS Act is very clear that if less than the entire County is being pro- vided EMS and charged a service charge, then only those persons are allowed to vote on the ordinance. Lancaster asked what area would be serviced, and McCord said that the enabling 353.6 legislation indicates that if a service was already in effect at the time the act was adopted, that the Quorum Court can enact an ordinance levying a service charge to finance that established service; the service was in effect in the City of Fayetteville He said that if the Board wants to include in the ordinance a pro vision that the EMS financed by this service charge shall operate only in the City IIIof Fayetteville, that is a legislative decision to be made by the Quorum Court in response to a recommendation by the Board. Director Lancaster said that if the entire service area has a chance to vote 353.7 and they say no, then we should not ask our citizens within Fayetteville to pick up 5-6-80 354 the tab for this same type of service. McCord said that this was not the intent of the ordinance and that the enabling legislation authorizes the Quorum Court to designate any part of the County as an EMS service area, and clearly they include a section in this ordinance designating only the City of Fayetteville as an EMS service area to be financed by the service charge levied in the ordinance. 354.1 In response to Todd, McCord said the Board could include another section specifically defining the service area to be served by the system financed by this service charge. He said he did not include a section on this because he did not feel it was necessary as there was an existing service within the City of Fayetteville. 354.2 City Manager Grimes said that the media has contacted him several times on this and he has been saying that the intent of the Board is the City limits of Fayetteville with the possible exception of accident victims along highway corridors. He said it was his previous understanding from conversations with the Directors that the area to be serviced would include the corporate limits with the possible exception of the highways. 354.3 In response to Mayor Todd, Director Colwell said that all areas in Washington County except these six districts have an existing ambulance service. 354.4 In answer to a member of the audience, Mr. Jeremy Hess, McCord said that by statute the service charge can only be assessed and collected on a per capita, per household, or per unit -of -service basis --additional millage cannot be added. 354.5 In response to Mr. Hess's question on the amount of revenue anticipated from the $15 per household assessment and other related research, Director Colwell estimated that there would be approximately 75 to 80 percent of possible income collected. He said the budget for the existing CEMS has a small hedge in it allowing for inflation and future satelite stations possibly in the West Fork and Elkins areas. He said this hedge would not be possible if the fee is coming from the City of Fayetteville only. He said there would still be a need for a hedge on inflation, but the satelite situation would not be in the budget. 354.6 Director Noland and Mayor Todd agreed that there will be misunderstandings about this request and than an educational program will be necessary to inform the people that we want them to have an ambulance service regardless --that we want to maintain continuity for this service. 354.7 McCord noted that when he originally drafted the ordinance he was under the assumption that the vote would be held at the general election in November, but that the drafted ordinance now provides that the ordinance is referred to a vote at a special election to be held on a date set by the County Court. He said there is to be a special election to vote on the Quorum Court Ordinance 80-5, and the proposal is to have a vote on this ordinance at this same special election. He said he did not correct his cover letter, but that the information in the ordinance was correct. In response to Todd, McCord said that the County Court had juris- diction to set the date of the special election. 354.8 Colwell said that if the rural residents vote down ambulance service for the six school districts, they are serving notice that the majority of those people do not want ambulance service. 354.9 Peg Anderson from the Quorum Court said she felt that an ordinance of this kind would confuse the issue more than clarify it even if it means that we will be without service temporarily. She said she feels the second alternative should not be on the ballot because it would not clarify the issue enough to insure service. 354.10 Steve Anderson agreed with Ms. Anderson and noted the problem with highway accident victims. He said the Quorum Court is addressing the larger issue of trying to provide ambulance service for the entire County and that is what Fayetteville should do. He said that although he sympathizes with the Board, he 1 5-6-80 feels that putting it on the 'ballot as a second alternative would only confuse 355 the issue as it goes against the larger view of what they are trying to do. IIIDirector Osborne asked Mr. Anderson if he thought that the people would 355.1 vote against it for the County because of what Fayetteville is doing, and Mr. Anderson said it was a possibility. _McCord noted that without proper education it might appear that people would 355.2 be voting themselves two taxes, $30 instead of $15; there would need to be an educational campaign. He pointed out that if the County Ordinance 80-5 is voted down, the City could at that time ask the Quorum Court to immediately consider an ordinance such as this and to immediately refer it to a vote at a special election to be held as soon as possible and not wait for the referendum period to run. Noland noted that some .of the Board members were under the impression that 355.3 IM this would not be voted on in the six -school -district area until November; but if it is going to be before November so that there is time to try other elections, 0 then the Board ought to back up to see what happens in this other election. Peg CIO Anderson noted that the request is that the election be held before July because 0 of the financing. Cr Director Colwell said that if the one issue is voted down in July, that by 355.4 Q the time the Quorum Court goes through the procedures of a hearing, notices, and the election, the existing LEMS will be non-existent because their finances run only through September. He noted there are eleven employees who might begin to look elsewhere if we don't give them some reassurance. Jim Werner expressed concern as to whether or not the Quorum Court can pass 355.5 an ordinance which affects only a part of the county and said the County's legal counsel felt the law on how the election should be conducted was unclear. Mayor Todd said that the feedback he has received indicates that people 355.6 IIIfeel positive toward a second alternative in that it removes the ambiguity. He said the Board would encourage people to vote for the first alternative with- out any qualms at all because it is the best thing we have available. After lengthy discussion, Mayor Todd noted that there is a divided opinion 355.7 as to where the service area should be --the City of Fayetteville or otherwise. Director Henry said it should be within the corporate limits of Fayetteville only as that would encourage votes for the first alternative which is the main thing the Board is interested in. McCord said he thought the Board should set a definite boundary. The Board 355.8 agreed the boundary would be the City of Fayetteville. In answer to Sharp, McCord said that Section 1 would be changed to explicitly 355.9 follow the first alternative under the statutes and it will provide that the service area is the City of Fayetteville and service will be provided within the City of Fayetteville. McCord read Section 1: Section 1 provides that there is hereby established 355.10 an EMS system within the City of Fayetteville, Arkansas. The area to be included within said system is the corporate limits of Fayetteville, Arkansas. The services to be provided the residents of the City of Fayetteville are emergency medical ambulance services. The cost of said services is and the proposed method of financing these services is a service charge hereinafter levied and service fees collected from users of the system. The service charge in the amount of $15 per household per year is hereby levied upon the residents of the City of Fayette- ville, Arkansas to assist in financing a system of emergency medical services for residents of said City. The.term "household" shall mean one or more persons III who dwell in the same living unit. The term "living unit" shall include each single family residence, individual apartment, individual.dormatory, fraternity, or sorority room, and mobile home. He noted this would be Section 1 and the rest of the ordinance would be as is. 5-6-80 356.13 5 6 Director Osborne, seconded by Lancaster, moved to request the Quorum Court to pass this ordinance including Section 1 as read by the City Attorney, Sections 2 and 3 as presented to the Board, Sections 4 and 5 as originally drafted, and the cost figure for the services to be provided by the City Manager. 356.2 Mayor Todd pointed out that Section 4 provides that the service charge will not be collected if Ordinance 80-5 becomes effective and that Section 5 refers the ordinance to a vote in the City at a special election to be held on a date set by the County Court. 356.3 Since there were no further questions, the Mayor called for a vote on the motion. The recorded vote was: Ayes: Noland, Osborne, Sharp, Todd, Colwell, Henry, Lancaster Nays: None The Mayor declared the motion passed. 356.4 Director Colwell mentioned to the Quorum Court members their sole reason for this is that the Board wants the citizens of Fayetteville to be taken care of in all events and that this is nothing personal directed toward the Quorum Court. 356.5 In answer to Colwell, McCord pointed out that inherent in the enabling legislation are administrative difficulties with regard to collecting the service charge. STREET PLAN CHANGE/SCHOOL AVENUE FROM DICKSON TO ARCHIBALD YELL 356.6 McCord noted that after a request for an amendment to the Master Street Plan to change the designation of School Avenue, from Dickson Street to Archibald Yell Boulevard, from "Minor Arterial" to "Collector" had been placed on the agenda, a reminder came from the Planning Office that in March of last year the Board had approved a review process for amendments to the Master Street Plan whereby any change would be referred to the Technical Advisory Committee, then to the Planning Commission, and then to the Board. McCord said Mr. Robertson requested that the Board decide the merits of the request tonight and not go through the procedure because Mr. Robertson had contacted Larry Wood of the Planning Commission and Mr. Wood indicated he would not be in favor of this change. 356.7 In response to Todd, McCord said this procedure is a policy and he doubted if we would jeapordize federal funds if we did not follow it. 356.8 In response to Todd, Mr. Robertson said he needs to know something within the next week because they are constructing a model of the entire site plan and the type of building is such that it needs to be right on the sidewalk and that widening to 80 ft. and having to build 25 ft. away from the existing street would be a detriment to the project. In response to McCord, Mr. Robertson said that he would like the Board's response tonight because of timing and the progress that they are making on the project. 356.9 Director Noland indicated the procedure was set up due to the permanent nature of buildings and that he doesn't want to circumvent these established pro- cedures of the Planning Commission, and McWethy pointed out that the whole procedure might take approximately four weeks and could be considered again at the first Board meeting in June. 356.10 Mr. Robertson said he was under the impression that the advisory committee did not have a set meeting date, and McCord said the Board could ask for a special meeting. 356.11 Director Henry moved that the Board ask the Technical Advisory Committee to call a special meeting and move as expeditiously as possible, specifying that it be taken up at the May 26 Planning Commission Fleeting and put on the agenda for the June 3 Board meeting. Osborne seconded the motion and the recorded vote was: Ayes: Noland, Osborne, Sharp, Todd, Colwell, Henry, Lancaster Nays: None The Mayor declared the motion passed. 1 1 5-6-80 EASEMENT REDUCTION/GREENBRIA•R 357 Mayor Todd introduced an ordinance reducing a utility easement in Greenbriar 357.1 Planned Unit Development. McWethy explained that all utility sign -offs had been obtained except for Southwestern Bell, but that they are concurring and will have a written sign -off in the mail in the next day or so. The City Attorney read the ordinance for the first time. Director Henry, 357.2 seconded by Colwell, moved the rules be suspended and the ordinance be placed on second reading. The recorded vote was: Ayes: Noland, Osborne, Sharp, Todd, Colwell, Henry, Lancaster Nays: None The Mayor declared the motion passed and the City Attorney read the ordinance for the second time. Director Osborne, seconded by Lancaster, moved the rules be further suspended 357.3 and the ordinance be placed on third and final reading. The recorded vote was: CD Ayes: All 0 Nays: None CO The Mayor declared the motion passed and the City Attorney read the ordinance for the third and final time. Q There being no further discussion, Mayor Todd asked if the ordinance should 357.4 Q pass. The recorded vote was: Ayes: All Nays: None The Mayor declared the ordinance passed. =X ORDINANCE N0. 2628 APPEARS ON PAGE 348 OF ORDINANCE AND RESOLUTION BOOK . 1 BID AUTHORIZATION/HIGHWAY 62 WATER & SEWER RELOCATPONS Director Henry, seconded by Lancaster, moved to authorize the City Engineer 357.5 to advertise for bids for the relocation of water and sewer lines on Highway 62 West, between Garland Street and Highway 71 Bypass. Mayor Todd noted that this is part of the State highway construction project. There being no further discussion, Mayor Todd called for a vote on the 357.6 motion. The recorded vote was: Ayes: Noland, Osborne, Sharp, Todd, Colwell, Henry, Lancaster Nays: None Mayor Todd declared the motion passed. BOARD AIRPORT COMMITTEE REPORT Director Lancaster, Chairman of the Board Airport Committee, reported that they 357.7 had the architects in; had a report on trees that had been planted; and had a bid opening on the chairs and furnishings at the terminal which the Board has a copy of. He also reported that the Committee recommended that the Board accept the low bidder, McRoy-McNair on the furnishings for the Terminal Building. He said the two colors they picked out were brown and blue. BID AWARD/AIRPORT TERMINAL BUILDING FURNITURE Director Lancaster, seconded by Colwell, moved to accept the bid of McRoy-McNair,357.8 the low bidder, for the furniture at the new airport building. Purchasing Officer Mackey pointed out that the architect had given him a list 357.9 of how many seats were in each color to be presented to the Board and indicated that anything •different than that would affect the purchase .order issued tomorrow. Lancaster noted that it is not the same name brand that the specifications 357.10 were written around, but it has the same guarantee of eight weeks delivery. There being no further discussion, the Mayor called for a vote on the motion 357.11 and the recorded vote was: 5-6-80 358 Ayes: Noland, Osborne, Sharp, Todd, Colwell, Henry, Lancaster Nays: None The Mayor declared the motion passed. BID WAIVER/AIRPORT TREE PLANTING 358.1 Director Lancaster reported that the Board Airport Committee recommends authorization of $6,000 for airport terminal tree planting, and that Ed Ferguson, David McWethy and Minor Wallace work together to devise a plan to plant more trees. 358.2 Director Sharp said that the Committee needs authorization to plant the remainder of the trees with Ferguson and McWethy determining placement, and that the ornamentals are to be planted next spring. 358.3 McCord read an ordinance waiving the requirement for competitive bidding on tree transplanting at the airport terminal building grounds and authorizing $75 per tree up to a maximum of $6,000 for tree transplanting at the airport for the first time. 358.4 Director Colwell, seconded by Henry, moved the rules be suspended and the ordinance be placed on second reading. The recorded vote was: Ayes: Noland, Osborne, Sharp, Todd, Colwell, Henry, Lancaster Nays: None The Mayor declared the motion passed, and the City Attorney read the ordinance for the second time. 358.5 Director Osborne, seconded by Henry, moved the rules be further suspended and the ordinance be placed on third and final reading. The recorded vote was: Ayes: Noland, Osborne, Sharp, Todd, Colwell, Henry, Lancaster Nays: None The Mayor declared the motion passed and the City Attorney read the ordinance for the third and final time. 358.6 There being no discussion, Mayor Todd asked if the ordinance should pass. The recorded vote was: Ayes: Noland, Osborne, Sharp, Todd, Colwell, Henry, Lancaster Nays: None The Mayor declared the ordinance passed. SX ORDINANCE NO. 2631 APPEARS ON PAGE 35q OF ORDINANCE AND RESOLUTION BOOK VT11. LAND ADJACENT TO THE AIRPORT 358.7 Mayor Todd noted that Mrs. Betty Horn was present to discuss the question of her three acres which front on Highway 71 immediately south of the airport. 358.8 Mrs. Horn noted that she has been approached concerning the price she might want for the land and also the uses to which she might put the land. She said she is primarily concerned as to what it is the City wants. 358.9 In response to the Mayor, City Manager Grimes said they had considered the possibility of purchasing this land in order to protect the City's investment. He said he asked the Airport Committee last week for authorization for an appraisal of the land so that they might negotiate a purchase price with the landowners. In response to Osborne, McWethy noted the City has approximately 240 acres at the airport. Osborne noted that he had talked to Mrs. Horn about the possibility of another approach such as annexation, and she seemed negative because of rising taxes, but that this is a possibility. 358.10 Mrs. Horn pointed out that this is County property in that it is neither in the City limits of Fayetteville nor Greenville, and that they have been approached several times over the past three years to lease this property for firecracker stands which they will not do. 1 1 i 1 5-6-80 Director Osborne indicated that the goal to be achieved is to protect 359 the City's investment and if the City doesn't necessarily need more land, 359.1 than it might be possible to either annex or enter into a contractural arrange- ment with them to save the cost of having to buy it. McCord noted that if the Horns would be willing to annex, the legal work 359.2 could be done in his office to avoid legal fees. Osborne noted that of all the options, they would probably be more willing to annex and that he had told Mrs. Horn that the tax increase would be negligible. In answer to Mayor Todd, Mrs. Horn indicated she is not opposed to selling, 359.3 but that they have never put anything on the land and probably won't because they bought it for an investment. She said they were unsure about annexation because of the taxes. In answer to Lancaster she saidthe property had City water but was unsure about sewer, and that she would not object to an impartial appraisal of the land. Mayor Todd said that the increase in taxes would probably be in the range 359.4 of 10 percent above what she is paying now. Director Henry, seconded by Colwell, moved the City Manager be authorized 359.5 to explore the various options and alternatives with Mrs. Horn. There being no further discussion, the Mayor called for a vote on the 359.6 motion. The recorded vote was: Ayes: Noland, Osborne, Sharp, Todd, Colwell, Henry, Lancaster Nays: None The Mayor declared the motion passed. CONSTRUCTION AWARD/HIGHWAY 71 & PORTER ROAD W/S RELOCATIONS Director Henry, seconded by Lancaster, moved the Board Engineer's recommendation for the award of low bids for the and sewer lines in the area of Highway 71 and Porter Road. There being no discussion, the Mayor called for a vote The recorded vote was: Ayes: Noland, Osborne, Sharp, Todd, Colwell, Henry, Lancaster Nays: None The Mayor declared the motion passed. accept the City relocation of water on the motion. RESOLUTION NO.40-2DAPPEARS ON PAGE 0)50F ORDINANCE AND RESOLUTION BOOK '1 X 359.7 359.8 BUDGET REVISION/CD SEWER AWARD/CHERRY STREET, BIGGER STREET, AND U.S. HIGHWAY 71 Rick Mason, Community Development Director, introduced a request for authori- 359.9 zation to have three sewer lines included in a change order for Project DHUD 602, Phase II. He explained that the contract was awarded back in January, but because of the cost Lines "A", "B", and "C" were deleted. He indicated that when they took other sewer line bids about three weeks ago the bids came in substantially less than budgeted for, so these lines should be put back into the contract while funds and a contract to do it are available. He said that in conjunction with this they need to obtain additional funds. He said that the Water and Sewer Depart- ment has had complaints and experienced problems with septic tanks and raw sewage in this area and request that they complete the project. He said after looking at the problem, he feels it would be more expedient in both time and money to put these lines back into the project under the existing contract.rather than bid again. In answer to Director Henry, Mr. Mason said that it was the recommendation of 359.10 the Community Development Committee that the money come out of the 1979 Contingency Fund. Mayor Todd noted that the original request was to take the money out of Ridge 359.11 House and asked Mr. Mason to clarify this revision. Mr. Mason said that there have been so many problems with prices, etc., in finishing the project that the money 5-6-80 3 scQuld be put to better use right now to finish the sewer project, but it would be the prerogative of the Board to reallocate additional funds later on to complete the work. 360.1 Mayor Todd expressed concern as to the delay on Ridge House and Larry Brown, President of the Historical Society, said they have now completed Phase I and Phase II at an expense of $70,000 and that work is in progress on this building at the expense of donators to the project. He said the only thing holding them up right now is that they don't know if HUD will let them negotiate on this last phase or if it will be necessary to resubmit for another bid. He said if they could negotiate, they could start the final phase of construction next Monday, but if they have to submit another bid, they would probably be under construction by the middle of June. He said their goal at this time is to have it ready to move into by September. 360.2 In answer to Mayor Todd, Mr. Mason said the problem is with the plans and specifications and that they are being reviewed at this time, but this might take six months or more. He said another problem is that HUD is not going to allow them to spend $45,000 with another $20,000 needed for completion unless there are some assurances as to where and how it will be completed; he indicated the money was available to complete it and it will have to be rebid. In answer to Todd, Mason said there is a full set of plans for the project as it would have been bid before any work was done, but because no one would bid on it two years ago or last year, the Society went ahead and spent the money they had and have completed parts of it. He said they still have the major set of plans, but in order to designate Phase III, it is necessary to set out what part of the plan is Phase III. He said they still need a set of specifications and that this has been a problem because they have not had concise specifications for the bidders and noted this is probably the reason why there was a $20,000 difference between two of the bids. He said work on Phase II is being completed at this time. 360.3 City Manager Grimes said he has asked McWethy to work with Rick Mason on this. 360.4 Director Noland, seconded by Henry, moved to approve the recommendation of the Community Development Committee that $30,000 be appropriated out of the 1979 Contingency Fund and savings from other sewers. The mayor called for a vote on the motion and the recorded vote was: Ayes: Noland, Osborne, Sharp, Todd, Colwell, Henry, Lancaster Nays: None The Mayor declared the motion passed. 360.5 Director Noland, seconded by Henry, moved to amend the motion to include authorization for a change order in the City's sewer construction contract with Braun Excavating Company for the construction of three additional Community Development sewer lines along Cherry Street, Bigger Street, and U.S. Highway 71. 360.6 The Mayor called for a vote on the motion and the recorded vote was: Ayes: Noland, Osborne, Sharp, Todd, Colwell, Henry, Lancaster Nays: None The Mayor declared the motion passed. RESOLUTION NO.9-i- 2OAPPEARS ON PAGE 08 a OF ORDINANCE AND RESOLUTION BOOK jx BID AWARD/POLICE TRANSMITTER -RECORDER -RECEIVER 360.7 Purchasing Officer Mackey introduced a request for the authorization of Bid Award #420 for a transmitter -recorder -receiver for the Police Department. He said that this is the Board's last chance to act on this bid before we lose $5,162 of sub -grant money from the Arkansas Crime Commission. He said Police Chief Bob Jones recommended we get the equipment now as he has studied this in detail. 360.8 In describing the equipment, Police Chief Jones said the transmitter - receiver with a direction finder is used in most cases in an automobile, probably more in a hostage situation, whereby the direction finder would receive a signal allowing the automobile to be followed. He said that although this piece of equip- ment would probably not be used very often, it would be invaluable when needed. 1 1 • 5-6-80 He also indicated that this is our last chance to buy this type of equipment 361 because the Crime Commission will not be funding this type of equipment in the III future. Mackey pointed out that since we have already received the money from the 361.1 Crime Commission we will have to return it if the money is not spent. Grimes indicated the Board would need to appropriate additional funds of $1.,704 to acquire the equipment which would be shown as a budget adjustment later on. In answer to Lancaster, Jones and Todd noted that the Crime Commission is 361.2 no longer funding this type of equipment because their priorities are being directed toward drug education and other programs. Jones noted that the money has to be used for this particular type of equipment or returned. Director Lancaster, seconded by Colwell, moved to award Bid #420 for a 361.3 transmitter -recorder -receiver for the Police Department to Audio Intelligence Devices of Ft. Lauderdale, Florida. 01 There being no further discussion, the Mayor called for a vote on the 361.4 0 motion. The recorded vote was: co Ayes: Noland, Osborne, Sharp, Todd, Colwell, Henry, Lancaster 0 Nays: None Q The Mayor declared the motion passed. c CURB CUTS In introducing an ordinance amending the City's curb cut regulations by 361.5 specifying that driveways shall not be located less than 12.5 ft. from the nearest property line, except in the case of joint driveways, City Attorney McCord noted this is merely a housecleaning item consistent with the subdivision regulations. The City Attorney read the ordinance for the first time and Director Noland, 361.6 seconded by Osborne, moved the rules be suspended and the ordinance be placed on 111 second reading. The recorded vote was: Ayes: Noland, Osborne, Sharp, Todd, Colwell, Henry, Lancaster Nays: None The Mayor declared the motion passed and the City Attorney read the ordinance for the second time. Director Lancaster, seconded by Osborne, moved the rules be further suspended 361.7 and the ordinance be placed on third and final reading. The recorded vote was: Ayes: Noland, Osborne, Sharp, Todd, Colwell, Henry, Lancaster Nays: None The Mayor declared the motion passed and the City Attorney read the ordinance for the third and final time. There being no discussion, Mayor Todd asked if the ordinance should pass 361.8 The recorded vote was: Ayes: Noland, Osborne, Sharp, Todd, Colwell, Henry, Lancaster Nays: None The Mayor declared the ordinance passed. 1 SX ORDINANCE N0. 2629 APPEARS ON PAGE 350 OF ORDINANCE AND RESOLUTION BOOK #. FENCING REQUEST/WATER & SEWER OPERATIONS CENTER ON CATO SPRINGS RD. Director Henry, seconded by Osborne, moved to approve a request by the Finance 361.9 Director for authorization to advertise for bids for security fencing material for the Water •and Sewer Operations Center on Cato Springs Road. There being no further discussion, the Mayor called for a vote on the motion. 361.10 The recorded vote was: Ayes: Noland, Osborne, Sharp, Todd, Colwell, Henry, Lancaster Nays: None The Mayor declared the motion passed. 5-6-80 362 INVESTMENT POLICY 362.1 Mayor Todd noted that a request by Finance Director Scott Linebaugh for authorization to change the City's banking and investment policy came through the Finance Committee and was approved with the proviso that Linebaugh corres- pond with the financial institutions; the Mayor noted that Linebaugh did that and the copies of said correspondence are included in the agenda. 362.2 The investment policy would provide that investments will be made with institutions with the facility in the corporate limits of the City of Fayetteville, unless waived by the Board of Directors. They will be awarded by: 1) The highest bid; 2) In case of a tie the investment will go to the financial institution determined by the City Manager and Finance Director as the institution most cooperative with the City in other financial arrangements. 362.3 Any financial dealings (underwriterships, trusteeships, etc.) that are to be handled by a financial institution will be offered to the institution that the City Manager and the Finance Director determine is most cooperative with the City in other financial arrangements. If they must be bid upon, it will be awarded to the highest bidder qualified; but if there are similar bids, it will be awarded to the financial institution that the City Manager and Finance Director determine is most cooperative with the City in other financial arrangements. 362.4 Linebaugh pointed out that demand deposits will be divided between the three local banks with any new accounts or any changes given to the financial institutions determined by the City Manager and Finance Director as the institutions most cooperative with the City in other financial arrangements. 362.5 Colwell noted that the third bank did not reply because they felt there was no need to. 362.6 Director Noland moved to approve this proposed investment policy which does incorporate the demand deposits. Lancaster seconded the motion and the recorded vote was: Ayes: Noland, Osborne, Sharp, Todd, Colwell, Henry, Lancaster Nays: None The Mayor declared the motion passed. PARKING TOW -AWAY 362.7 City Attorney McCord read an ordinance amending Section 19-140 of the Fayette- ville Code of Ordinances to authorize the impoundment of motor vehicles illegally parked on a public street or a public parking lot designated as a tow -away zone for the first time. 362.8 In answer to Mayor Todd, McCord explained that the curbs would be marked "Tow - Away Zone." Grimes indicated the curbs would be painted yellow with black letters. Director Lancaster asked if part of a vehicle is on a lawn and part is in the tow - away zone, will the vehicle be towed away, and Grimes indicated that it would be. 362.9 Director Osborne, seconded by Henry, moved the rules be suspended and the ordinance be placed on second reading. The recorded vote was: Ayes: Noland, Osborne, Sharp, Todd, Colwell, Henry, Lancaster Nays: None The Mayor declared the motion passed, and the City Attorney read the ordinance for the second time. 362.10 Director Osborne, seconded by Lancaster, moved the rules be further suspended and the ordinance be placed on third and final reading. The recorded roll call vote was: Ayes: Noland, Osborne, Sharp, Todd, Colwell, Henry, Lancaster Nays: None The Mayor declared the motion passed and the City Attorney read the ordinance for the third and final time. 362.11 Director Lancaster asked if long-term prisoners could do the painting and Grimes said they probably could. 362.12 There being no further discussion, Mayor Todd asked if the ordinance should pass. 1 1 1 1 5-6-80 The recorded vote was: Ayes: Noland, Osborne, Sharp, Todd, Colwell, Henry, 'Lancaster Nays: None The Mayor declared the ordinance passed. 363 =x ORDINANCE N0. 2630 APPEARS ON PAGE 352, OF ORDINANCE AND RESOLUTION BOOK V:144-. CD REHAB WAIVER REQUEST Tony Ply, Housing Assistance Coordinator of the Community Development Depart- 363.1 ment, explained that due to unexpected developments on a home that he is currently rehabilitating, he is requesting the Board to waive the limit of $8,000 on rehabil- itations and grant $1,130 additional funds in order to fully complete the project. Mr. Ply said that upon his initial inspection of the home, because the house 363.2 is almost ground level, the foundation appeared to be in good shape; but when the bottom row of siding was removed, it was discovered that the foundation consists 0 of a single row of loose rocks which do not give support to the existing walls. 03 He said the original bid amount for this project was $9,205, of which the owners 0 have contributed $1,205. Q He said that approximately 35 ft. olF foundation needs to be put in and it will 363.3 Cr be necessary to dig and pour a footer so this concrete block foundation can be installed to bring the house into conformance with the City codes. He said if this is not done, the siding and floor joists will not be protected --that the house needs a foundation and footing. He pointed out that the $1,130 would be used to excavate the depth required; 363.4 put in the footing, concrete block and seal; and to jack up the house to level it. In response to Director Noland, Mr. Ply said this house is located at 37 S 363.5 Gregg and is owned by Mr. and Mrs. Hays. He said it is a good rehabilitative house and they have lived there 40 years.. Director Noland moved to waive the 58,000 limit on this one house. Director 363.6 Colwell seconded the motion and the recorded vote was: Ayes: Noland, Osborne, Sharp, Todd, Colwell, Henry, Lancaster Nays: None The Mayor declared the motion passed. PENSION PLAN Mayor Todd introduced a recommendation from the Board Finance Committee 363.7 regarding revisions to the employees' pension plan. He said there was a general meeting on April 29 of all participants in the City's pension plan and that most of the Board was present. He indicated there would be another meeting with employees and mentioned the letter from Director Osborne to Purchasing Officer Mackey requesting additional information with regard to the City Pension Plan, the City Health Insurance Plan, and the City Life Insurance Plan. Director Osborne said that before we jump into something new we should be 363.8 sure that City employees are getting the best possible plans and he did not feel he had enough information. Mackey outlined the information he had gathered in response to Director 363.9 Osborne's letter, and Grimes said that some of this information would not be available until the next Board meeting and noted that May 31 is the deadline on the present plan. There was some discussion as to the administration of the plan and if proposals 363.10 should be sought from prospective administrators. Grimes suggested that the Board express their intention to adopt something 363.11 similar, but defer action until the Board reviews the actual contract at the May 20 meeting. Mayor Todd moved that the Board intends to adopt a similar pension plan, but 363.12 is defering final action until review of the actual plan document. The motion was 1 5-6-80 3 6seconded by Osborne, and the recorded vote was: Ayes: Noland, Osborne, Sharp, Todd, Colwell, Henry, Lancaster Nays: None The Mayor declared the motion passed. FAIR HOUSING ORDINANCE/HUD 364.1 Mayor Todd noted that the Board's reaction to a proposed fair housing ordinance required by HUD has been requested and that the Board would not want to take final action on it tonight as this is only a draft. 364.2 Rick Mason noted that the ordinance included in the agenda was copied from Texarkana's which HUD approved. Colwell asked if there was a deadline on this and Mason said the City received a letter from HUD concerning fair housing a couple of months ago --that HUD is pushing this all over the country. Mayor Todd expressed interest in moving ahead on this. 364.3 Noland expressed concern that the age factor was left out of the proposed ordinance and Henry suggested we add age to the ordinance. 364.4 After considerable discussion regarding the pros and cons of such an ordinance, Todd asked McCord to pull together why we have to do this and whether or not we do have an option. ENTITLEMENT BLOCK GRANT APPLICATION/HUD 364.5 Mayor Todd said he had received a letter from HUD concerning their technical review of the City's sixth year Entitlement Block Grant application. The HUD office said that Dickson Street does not meet the eligibility test and that the application should be amended to remove all references to this street as a pro- posed pro0ect. 364.6 In answer to Todd, Rick Mason said the criteria for eligibility were: 1) benefit low or moderate income; 2) slum and blight; or 3) other urgent needs. He said if we are going to claim slum and blight then we have to show a plan of action to renovate all of the buildings on Dickson Street. 364.7 In answer to Osborne's question about who vetoed it, Mr. Mason said that each application as to go through the channels and there are several people who have to sign -off on it, including legal counsel, but he was not sure who did or did not sign -off on it. 364.8 Mayor Todd suggested, and Mason agreed, that the City should respond to HUD by claiming there is a need for clearing blight and stating that next year we plan to submit a concrete proposal. Mason said he would send a letter to HUD alerting them to the Board's intentions and Todd noted this would lay the foundation for the City to come back again next year. WORK RELEASE CENTER 364.9 Administrative Assistant McWethy said that he had attended a Work Release Center meeting today. He reported that there were about ten sites selected for the Correction Department to evaluate and included in this list is the old Ozark Theatre Building. McWethy said that he pointed out the question of the feasibility of the structure, the lack of parking, and the location which is the center of Fayetteville. He said the Correction Department contacted him to ask if the City would be interested in outlining their ob0ections to this site in a letter. 364.10 Director Osborne moved that such a letter be sent. In answer to Todd, McWethy said that if we don't object now there is a possibility that through default it may be seriously considered. 364.11 Director Henry seconded the motion and the recorded vote was: Ayes: Noland, Osborne, Sharp, Todd, Colwell, Henry, Lancaster Nays: None The Mayor declared the motion passed. 1 1 1 5-6-80 LEASE AGREEMENT/SKYWAYS City Manager Grimes said that Skyways has now signed their contract which is almost identical to the Frontier contract which the Board studied and approved. He requested authorization to execute the contract document with Scheduled Skyways for the new Terminal Building. He said the term is for 17 years to be renegotiated annually. Director Lancaster, seconded by Colwell, moved to authorize the execution of the Skyways contract. The recorded vote was: Ayes: Noland, Osborne, Sharp, Todd, Colwell, Henry, Lancaster Nays: None The Mayor declared the motion passed. 365 RESOLUTION NO. 43-80 APPEARS ON PAGE 0c13 OF ORDINANCE AND RESOLUTION BOOK In 365.1 365.2 LEASE AGREEMENT/ROYAL AMERICAN Grimes said he has a proposed final lease agreement from Royal American 365.3 that they have not yet signed. He referred to a handout showing how this lease agreement differs from the Frontier and Skyways contracts. He said that he and the Attorney have looked this over and have no problems with their asking for a first option on Skyways or Frontier space should they vacate; he asked for authorization to execute this lease agreement subject to their execution, either simultaneously or prior to the City's execution. Director Henry moved to authorize execution of this lease agreement with 365.4 Royal American. Mayor Todd seconded the motion and the recorded roll call vote was: Ayes: Noland, Osborne, Sharp, Todd, Colwell, Henry, Lancaster Nays: None The Mayor declared the motion passed. RESOLUTION NO. 42-80 APPEARS ON PAGEo 8 ur OF ORDINANCE AND RESOLUTION BOOK � X BID AUTHORIZATION/LEASING OF OLD TERMINAL BUILDING Grimes said he was requesting authorization to advertise for leasing of the 365.5 old Terminal Building structure. He said they are setting out an area at the south end of the Terminal which F.A.A has indicated they would like to lease. Director Lancaster, seconded by Noland, moved to authorize advertising for 365.6 the leasing of the old Terminal Building. There being no further discussion, the Mayor called for a vote on the motion 365.7 and the recorded vote was: Ayes: Noland, Osborne, Sharp, Todd, Colwell, Henry, Lancaster Nays: None The Mayor declared the motion passed. BID AUTHORIZATION/AIR CONDITIONERS FOR POLICE STATION Grimes asked for authorization to advertise for bids on two air conditioners 365.8 for the Police Station. Director Lancaster, seconded by The recorded vote was: Ayes: Noland, Osborne, Sharp, Todd, Colwell Nays: None The Mayor declared the motion passed. Noland, moved to authorize said bids. , Henry, Lancaster NOISE ORDINANCE Grimes acknowledged a letter from Raymond Gosack, President of the Reid Hall Senate at the University, to Mayor Todd thanking the Board for giving the chance for an outside dance and apologizing to the City for any inconvenience that their Spring Dance held on April 18 may have caused. Reid Hall Senate had also sent a 365.9 365.10 5-6-80 366 imilar letter to the residents of the neighborhoods adjoining Reid Hall indicating that hopefully an agreement will be worked out in the future that will be acceptable to all those involved. 366.1 Grimes also noted that Max Pinkerton, a resident in the vicinity of the Sigma Alpha Epsilon Fraternity, was here to complain about the recent Sig Ep outside party. 366.2 Director Osborne said he was ? mile from the Sig Ep party when he made a recording of the loud voices over the microphones and the loud band. 366.3 After several complaints were expressed, McCord said that he had attended a meeting with a University Department of Public Safety representative, the Chief of Police, and the Dean of Students to determine what should be done in the future. The consensus was that basically the Noise Ordinance is unenforceable when there is a large crowd because of the possibility of someone getting hurt. He said the police officers said they would like to have a standard --a certain decibal level perhaps --so that they would not have to make subjective judgments. He said that even if they make a subjective judgment, this does not solve the practical problem of enforcement. 366.4 In answer to Osborne, McCord said the City ordinance does not prohibit outside bands, and Osborne noted that perhaps we should have a prohibition against outside bands without a variance. 366.5 t'lcCord said the ultimate solution under the existing ordinance is to follow up when there is a violation and pursue a criminal charge the next day; this would require efforts by complaining witnesses and/or police officers who witnessed the offense. 366.6 Max Pinkerton said he felt that the police should have issued a citation and he was under the impression that it was going to be done. McCord said he gave the police the recommendation that citations be given on the spot. 366.7 Director Noland noted that there was definitely confusion as to the nature of the variance that the Board actually granted. 366.8 Director Osborne asked the City Attorney to draft an ordinance prohibiting amplified sound outside. BEAVER WATER DISTRICT 366.9 Mayor Todd asked City Manager Grimes to comment on the letter included in the agenda from Beaver Water District to the Environmental Protection Agency concerning the permit to be issued to the City of Fayetteville. BWD's letter indicated that Fayetteville does not meet the problems nor does it protect this area's water supply and requested that Fayetteville's permit be revised and strengthened to meet the areas of concern outlined in the letter. The letter also noted that failure to deal with the water quality problems now will jeopardize the only water supply for the entire area. 366.10 Grimes said he doesn't fully agree with everything in the letter, but if he were in the same position, he would be just as upset about Fayetteville's waste dis- charge problem. He said the letter is correct with regard to the limits set forth in the proposed permit and that some of these could be lowered and still be within the capability of the pollution control plan. 366.11 Mayor Todd noted, and Grimes agreed, that the intent is not to back off, but rather to pursue this problem by doing everything we possibly can to correct it. In answer to Director Sharp, Grimes said that we are chlorinating our waste now and that the letter was referring to the interim limits. 366.12 Mayor Todd noted that the first meeting of the Citizens Waste Water Treatment Advisory Committee will be held on May 15, 7:00 p.m., in the Board of Directors Room. 1 1 5-6-80 ANNOUNCEMENTS Mayor Todd announced that there was a meeting today of the Fayetteville- 367.1 IIISpringdale Transportation Policy Committee and preliminary regulations on the Federal bicycle transportation grants were reviewed. He said we have a representative from the Parks and Recreation Board and the Energy Advisory Board working toward developing proposals for us, and that the grants will basically be 75 percent federal funds and 25 percent other funds for projects such as bicycle paths, safety devices, and widening of highways (for bicycle paths). Todd noted that he had attended a benefit show for the Fraternal Order of 367.2 Police the other evening which was very entertaining. Director Henry announced that on Tuesday, May 13, from 1:30 to 3:00 p.m., 367.3 in the Quorum Court Room, the Ozark Institute is having a nationally recognized CD energy expert meet with representatives from Benton and Washington Counties to 0 discuss energy alternatives and they asked that the City send a representative. GJ MINUTES Q The minutes of the April 15 meeting were approved as submitted with the 367.4 Q following correction: Q Director Sharp pointed out that Page 340, Paragraph 340.2, fifth line should 367.5 read "...and we are budgeting approximately $140,000 next year." ADJOURNMENT There being no further business, the Mayor declared the meeting adjourned at 367.6 12:00 a.m.- 367