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HomeMy WebLinkAbout1981-09-15 Minutes1 MINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Fayetteville City Board of Directors was held on Tuesday, September 15, 1981, at 7:30 p.m. in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas, 72701. PRESENT: Directors Bumpass, Henry, Noland, Osborne, Sharp, and Todd; City Manager Grimes, Assistant City Manager McWethy, City Attorney McCord, City Clerk Koettel, and members of the press and audience. ABSENT: Director Lancaster 265 CALL TO ORDER 0 Mayor Todd called the meeting to order and called for a moment of CD respectful silence. REZONING/SOUTH SIDE OF HWY 16 WEST, WEST OF BETTY JO DRIVE ilayor Todd introduced further consideration of an ordinance rezoning 265.1 property as requested by Bryce and Betty Jo Davis in rezoning petition R81-7 for .75 acres located on the south side of Highway 16 West, west of Betty Jo Drive. The change requested was from R-0 "Residential -Office" to C-2 "Thoroughfare Commercial." This had been considered in a public hearing before the Planning Commission on May 26 and the Planning Consultant had indicated that either C-1 or C-2 could be recommended for this parcel. The Planning Commission recommended approval of a change to C-1. Mayor Todd explained that this rezoning was considered by the Board 265.2 on June 2 and the eastern parcel of the tract had been rezoned to C-1, but consideration of the remaining .75 acres had beentabled until this meeting to allow the petitioner to see if the land could be sold without rezoning. Also, an ordinance rezoning this .75 acres to C-1 had been read three times at the June 2 meeting. Mr. Bryce Davis was present to answer any questions of the audience 265.3 or board, and indicated a willingness to accept C-1 zoning. Mr. "Scotty" Maglothin, Jr., representing Frank McDonald, stated that 265.4 his client was in agreement to the C-1 zoning. Director Osborne, seconded by Sharp, moved that the item be removed 265.5 from the table. Upon roll call the motion passed unanimously. There being no further discussion, Mayor Todd asked if the ordinance 265.6 should pass. Upon roll call the ordinance passed unanimously. ORDINANCE NO. 7s$ APPEARS ON PAGE 4:/ OF ORDINANCE & RESOLUTION BOOK X// . TAX LEVY Mayor Todd introduced an ordinance levying the real and personal property taxes within the City for 1981. He explained that this is not a new tax, but is the annual renewal of the current tax levy. The breakdown of the 9 mills is as follows: General governmental operations 5 mills Police Pension Fund 1 mill Fire Pension Fund 1 mill Capital improvements (City Library 2 mills and Youth Center expansion, approved by voters on November 29, 1977) TOTAL 9 mills 265.7 September 15, 1981 266 266.1 The 2 -mill City Hospital tax, as approved by the voters, is not being levied since the capital improvements general obligation bonds have not yet been sold. 266.2 City Attorney McCord read an ordinance levying the real and personal property taxes within the City for 1981. Director Osborne, seconded by Noland, moved that the rules be suspended and the ordinance be placed on second reading. Upon roll call the motion passed unanimously, and the City Attorney read the ordinance for the second time. 266.3 Director Osborne, seconded by Henry, moved that the rules be further suspended and the ordinance be placed on third and final reading. Upon roll call the motion passed unanimously, and the City Attorney read the ordinance for the third time. 266.4 There being no discussion from either the audience or board, Mayor Todd called for a vote and the ordinance passed unanimously. ORDINANCE NO.2 7I 'APPEARS ON PAGE 43 OF ORDINANCE & RESOLUTION BOOK XIr . BIKE RACKS 266.5 Mayor Todd explained to the audience that a Bicycle Task Force was created about one year ago for the purpose of developing implementation of a federal grant received for a bicycle safety program. Mark Risk, a member of this task force was present. 266.6 Mark explained to the Bnard that he was representing the Bicycle Task Force and was requesting that two individual -unit bicycle racks be installed at six locations in the downtown area. Mark presented one of the bike racks and explained how it would be installed, and how to install a bike on it. 266.7 The six proposed locations are: 1. In front of City Hall, west of the entrance steps; 2. At the Municipal Police & Court Facility; 3. In front of Fayetteville Drug, on either side of the tree; 4. In front of Lewis Brothers between the trees and mailbox; 5. Beside the planter in front of One Mcllroy Plaza, on either side of the trash can; and 6. Either in front of Davison's Shoes or near the planter, southwest of the Old Post Office. 266.8 Mark explained that these racks were being installed as examples, prior to installing more at other locations. 266.9 Director Bumpass asked if the areas where the racks would be installed are illuminated. He pointed out that these will be sticking out of the ground and could be tripped over if they were not seen. 266.10 Assistant City Manager McWethy replied that these areas are well illuminated. 266.11 Director Sharp stated that he felt there is a need for bike racks. He pointed out that there is a bike rack on Dickson Street at the Ozark Mountain Smoke House which is heavily used. 266.12 Upon discussion, the Board agreed to use Davison's Shoes on Mountain Street as the sixth location. 266.13 Director Osborne, seconded by Noland, moved that authorization be given to install two individual -unit bicycle racks at the six locations named above. 266.14 Upon roll call the motion passed unanimously. Mark explained to the Board that the task force is in the process of 266.15 getting a map "camera ready" so copies can be printed and distributed 1 September 15 1981 267 which will outline the bike routes in the City. The signs are planned out and the task force is awaiting approval of the plan. Mark expressed hope that the signs could be installed this fall. Mayor Todd expressed the Board's appreciation to all the members of the 267.1 Bicycle Task Force. WATER APPEAL Mayor Todd introduced an appeal of a decision by the City Engineer and 267.2 the Water & Sewer Committee regarding a proposed water tap on the City's 36" main transmission line. Mr. Don Elliott, representative of Bob and May Jones, addressed the 267.3 Board. He explained that the Jones' property is in the Springdale water service area, but that it will cost approximately $5,775 to have water run O to the ten acre parcel from the Springdale water line. Mr. Elliott stated CD that the 36" main transmission line was much closer to the property than CD was Springdale's line. Mr. Elliott also stated that there are existing taps on the Fayetteville line which are actually in Springdale's service area. These were made either in response to tap letters granting individuals free taps in exchange for easements; or they were made without realizing they were Q in the Springdale service area. Mr. Elliott told the Board that Mrs. Jones had inherited the land from her mother, and stated that he had been informed that she also had received a tap letter granting a free tap. However, a letter is not available for proof. Mr. Elliott explained that this had been considered by the Water and 267.4 Sewer Committee and had been turned down because it had been decided approximately one year ago that no more taps would be made on the 36" line. Mr. Elliott stated that this policy had never been approved by the Board of Directors, thus he felt an exception could be made to this policy and a tap granted. Upon discussion, Director Noland asked Mr. Elliott if the Jones had 267.5 checked with the Robinsons, property owners nearby, about possibly tapping on to their line. He stated this might be an alternative. Mr. Grimes explained that there are some single lines that have more 267.6 than one meter and this might be done. Director Noland explained that the 36" line is not ordinarily tapped 267.7 because of the increased possibility of leaks. The big line is often paralleled with smaller lines and taps are made from these smaller lines. Director Osborne, seconded by Bumpass, moved that the item be tabled until 267.8 the next meeting, and that Mr. and Mrs. Jones check and see if they can tap on to the Robinson's water line. Upon roll call the motion passed unanimously. 267.9 1 VEHICLE INSURANCE Mayor Todd introduced the consideration of the award of a bid for City vehicle liability insurance. Dr. Bob Hall of Hall Consulting, Inc. was present and addressed the Board. Dr. Hall explained that the low bid was by Renner and Company. He stated that bids had been received with premiums based on a ten month period so that next year the automobile and property insurance can be bid all at one time. Dr. Hall recommended going with a $100,000 liability limit. The premium for liability would be $10,770 and the physical damage would be $4,323. This would make an annualized savings of $9,825.40. Dr. Hall stated that eventually the City will need to go to $300,000 liability limits, but that this can be done when it is received on a twelve month basis and all the insurance is bid together. Mayor Todd asked how many vehicles are covered and Purchasing Agent Mackey replied that approximately 200 were covered. 267.10 267.11 267.12 r September 15, 1981 268 268.1 Director Sharp, seconded by Henry, moved that the bid be awarded to the low bidder, Renner and Company,at increased coverage and a savings of $9,825.40. Upon roll call the motion passed unanimously. STREET STRIPING 268.2 Mayor Todd introduced consideration of a bid award for street striping. The low bidder was Traffic Safety Sales and Service of Alexander, Arkansas. The total estimated cost will be $11,200 for approximately 100,000 linear feet of skip line and continuous line; 268.3 Mayor Todd asked if the price has risen much in the past year. Purchasing Agent Mackey replied that the price has increased by two cents on the skip lines but is the same on the continuous lines. 268.4 A budget adjustment of $4,200 would be needed for account no. 01-4-46-20-054. Purchasing Agency Mackey explained that funds from this account had been used 268.5 on the County Crosswalk Project. Assistant City Manager McWethy explained that the pedestrian crossing striping in front of the court house had been done by the State Highway Department at no cost to either the City or County. The cost of the materials for the signal replacement was paid for by the City, and the County is going to reimburse the City for in-house and contract labor involved. 268.6 City Attorney McCord explained that several budget adjustments would be presented at one time at the end of the meeting and this one would be included. 268.7 Director Noland, seconded by Osborne, moved that the bid be awarded to Traffic Safety Sales and Service at an estimated cost of $11,200. 268.8 Upon roll call the motion passed unanimously. RESOLUTION NO. %-S/ APPEARS ON PAGE ( ¶3 OF ORDINANCE & RESOLUTION BOOK MI SEWER RELOCATION 268.9 Mayor Todd introduced consideration of a bid award for the relocation of sewer facilities along the new route of Highway 71 North. 268.10 City Engineer, Don Bunn, had recommended that a contract in the amount of $79,707be awarded to Combs Construction Company, Inc. The project is 1004 reimbursable by the Arkansas Highway and Transportation Department. 268.11 Director Osborne, seconded by Noland, moved that the bid be awarded as recommended by the City Engineer, and that McGoodwin, Williams & Yates Engineering move as expeditiously as possible to request reimbursment. 268.12 Upon roll call the motion passed unanimously. RESOLUTION NO.93-8/ APPEARS ON PAGE ',560F ORDINANCE & RESOLUTION BOOK Xi) LAND PURCHASE FOR INCINERATOR SITE 268.13 Mayor Todd introduced a resolution authorizing the exercising of an option to purchase land for a proposed incinerator site. 268.14 Mr. Grimes stated that he had talked to the owners of the two five acre parcels and neither are willing to grant an extension to the existing option. Mr. Grimes stated that the City has used their last extension contained in the option and they are at the point of either purchasing the ten acres or risk the chance that it will not be available. The parcels are on the east side of South Razorback Road, south of Indian Trail (one block south of Highway 62 West). The purchase price is $75,000 and the land is zoned I-1 "Heavy Commerical and Light Industrial." 268.15 Mr. Grimes stated that he had talked with an appraiser who had done some work in that area about two years ago and he has indicated that the property is well worth the amount of the option. 268.16 Director Noland asked if this would still be the desired location for a Resource Recovery Unit even if it is not a regional project but is a City project instead. 1 1 1 01 FBO LEASE 01 This item was not considered but is to be on the next agenda. 269.5 September 15, 1981 Director Henry, a member of the Solid Waste Committee, replied that this will be the desired location even if it isn't -a regional project. She stated that a meeting will be held in October to determine if others will be participating in this. Director Henry stated she felt it would be very short- sighted not to exercise the option. Mayor Todd asked if the City would be reimbursed for part of the cost if it is a regional project, and Director Henry replied that this would be done. Director Osborne, seconded by Noland, moved that the City exercise the option on this ten acre tract of land. Upon roll call the motion passed unanimously. 269 269 1 269.2 269.3 269.4 RESOLUTION NO. 87-81 APPEARS ON PAGE if Li OF ORDINANCE & RESOLUTION BOOK X 1 1 FAA GRANT Mayor Todd introduced a resolution authorizing the execution of a grant 269.6 agreement with the Federal Aviation Administration for improvements at Drake Field. Mayor Todd explained that the application has been approved as submitted 269.7 and a request is being made to amend that application. This has been discussed by the Airport Committee. The primary thrust of this would be to do some development work of the runway. ,Mr. Grimes replied that this would be for taxiway extension and some 269.8 ramp areas. He said that the FAA is contemplating building a new tower on that side. Director Henry, seconded by Bumpass, moved that the resolution be approved.269.9 Upon roll call the motion passed unanimously. 269.10 RESOLUTION NO. Ry -8/ APPEARS ON PAGE 4SO4 OF ORDINANCE & RESOLUTION BOOK h' PARKS RECOMMENDATION Mayor Todd introduced a request by the Parks & Recreation Advisory Board 269.11 for an opportunity to present recommendations regarding the location of a proposed new swimming pool, and the employment of an Administrative Assistant for the Parks Department. David Lashley of the Parks and Recreation Advisory Board addressed the 269.12 Board. He stated that the swimming pool committee had been working with the architects and engineers on preparing a grant application for HCRS funds. Mr. Lashley stated that Tom Brenner had moved and Bevetly Melton was now chairman of the committee. Mr Lashley told the Board that the Parks and Recreation Board is in agreement with the swimming pool committee's recommendations. Ms. Beverly Melton addressed the Board. She said that the swimming pool 269.13 committee has trimmed down the plan previously submitted to the Board to where now only the necessity of a swimming pool is being considered. She stated that Joe Tarvin of McGoodwin, Williams, .& Yates has checked on the HCRS grant but does not yet know the final outcome of the application. It is being reviewed by HORS. Ms. Melton stated that renovation of the old pool was discussed and that Mr. Tarvin could give the details on this aspect. 269.14 Mr. Tarvin explained that the pool was built over a creek. He had crawled 269.15 under the pool from each direction to determine the structural soundness of the pool. Mr. Tarvin stated that there are quite a number of large leaks underneath the pool. However, he said that the pool appeared to be structurally September 15, 1981 270 sound. He stated that an estimated cost for renovating the old pool would be $135,000. Mr. Tarvin stated that the pool might last another fifty years, but that if the pool was renovated as discussed, probably ten to five years of use could be expected. 270.1 Director Noland asked if the floor of the pool seemed to be in good shape or if there appeared to be some shifting. Mr. Tarvin replied that it seemed to be in fairly good shape and that most of the leaks came from where the walls meet the floor. 270.2 Ms. Melton stated that the committee had decided that the cost of the renovation of the old pool, along with the cost for the renovation of dressing rooms, would be better spent on a new pool. 270.3 Ms. Melton stated that the proposed pool would be olympic size which would make it 50% larger than the existing pool. A one meter and three meter diving board were planned for the pool. A detached wading pool would be built and a new pump house would be needed. If the old dressing rooms are utilized a great deal of work would have to done on those. Ms. Melton stated that the committee had decided that the best area for the pool would be that area where the ballfields are presently located. This area is flat and construction would be less expensive and no trees would be lost. Also, the maintenance building could be retained if the pool was placed in this area. The ballfields could be relocated in Walker Park, and the price of doing this was included in the total estimate. 270.4 Ms. Melton summarized that the things being provided would be: the new pool with diving in the deep end, decking, fencing, new bathhouses) new pump house, plans for a new softball field, and updating the equipment. Ms. Melton distributed a cost estimate of $566,000. 270.5 Mr. Lashley stated that there are seven acres at Walker Park which can be used. He stated that they are now considering two softball fields, four soccer fields, and restroom and concessions. The cost of relocating the ballfields have been included in the swimming pool estimate. 270.6 Director Osborne stated that by putting softball fields at Walker Park the ballfields would be spread out more geographically. 270.7 Director Bumpass asked if consideration had been given to locating the pool any other place. He pointed out that a majority of Parks & Recreation money is spend in the south part of the City. 270.8 Ms. Melton stated this had been considered but the conclusion had been drawn that Wilson Park is the most central and best location for a municipal pool. 270.9 She also stated that this is strictly a pool plan, and that they would like to see much more done. However, because of limited revenues this plan was decided upon. It is a part of a master plan prepared and can be built upon in the future. 270.10 Director Noland agreed that the location chosen would be an ideal spot for a pool. However, he did point out that there is not much flat space in that area for persons in that neighborhood to play football or other sports. 270.11 Director Osborne stated that a Finance Committee meeting would need to be held to discuss the financing of this new pool. 270.12 Mr. Grimes asked Mr. Lashley how much of the Parks and Recreation sales tax revenue he was willing to commit to this pool project. Mr. Lashley stated that they would commit $150,000 of this revenue annually. 270.13 Mayor Todd asked the architect for a time sequence on the construction of the pool. 270.14 Mr. Newton Hailey stated that it would take approximately nine months. This time period took into account a winter that might cause some delays. 1 1 1 September 15,1981 271 Actual construction should take approximately four months. He stated that a June deadline could probably be met if the go ahead was given by the first of October. Director Henry, seconded by Noland, moved that the Parks & Recreation 271.1 Board, the Swimming Pool Committee, the Finance Committee, and other interested parties have a meeting to go over the plans and the financing so a final determination of a financial package can be worked out. Upon roll call the motion passed unanimously. The Board agreed with the overall concept presented by the Swimming Pool Committee. There being no further discussion, Mayor Todd called for a vote on the 271.2 motion. Upon roll call the motion passed unanimously. O Administrative Assistant. Mr. David Lashley stated that a survey had 271.3 been taken and problems with the Parks and Recreation Department pointed out. C) Some of these were: 1) underfunding, 2) understaffing, 3) vandalism 6) destruction, 4)upkeep, litter, public awareness, and 5) image. A program called Public Pride in Parks was suggested to try to cut down on vandalism, Q litter, and to increase usage of the parks. This would be a VIP program - Q Volunteers For Improving Parks. Mr. Lashley stated that the Parks and Recreation Department feels they 271.4 need an Administrative Staff Assistant to do a lot of things such as organizing volunteers, help with programming, do clerical work, etc. He distributed a job description to the Board. Mr. Lashley stated that there is enough work now to employ this type of person full time. He stated that they were recommending that the position be staffed as soon as possible. Upon a short discussion, Director Bumpass, seconded by Osborne, moved that this position be considered at the Finance Committee along with the swimming pool plan. Upon roll call the motion passed unanimously. JOYCE STREET Mayor Todd introduced a recommendation from the Board Street Committee 271.6 regarding city participation in the cost of constructing Joyce Street, from Stearns Road at Highway 71 North, east toward Old Missouri Road. Mr. Tom Hopper, representative of A & W Realty, addressed the Board. 271.7 He explained that A & W wants to build 1,280 feet of Joyce Street east of Highway 71 and Stearns Road toward Highway 265. He stated that this is the first step in making this road a reality. The request is that the City participate as far as upgrading the construction and specifications of this street. The street would be constructed 49' wide (back -of -curb to back -of - curb; 48' wide asphalt) with storm drainage. He explained that the cost of $164,828 was arrived at after taking bids on August 31, 1981 for the .1,280 feet of street. The developers cost would be $97,878. This is the cost to construct a standard 31' wide street. The difference is $66,950 and this is the amount the City is being requested to contribute. Director Sharp, Chairman of the Board Street Committee, pointed out 271.8 that this is about item number four on the Transportation Management/Transportation Improvement Program. He stated that the City has some choices to make. First, it must decide if it wants to widen this street to make it a major arterial street. Next, if the street is widened, does the City want to go with a better base which would mean a higher cost now and less maintenance in the future. One possibility would be to spend approximately one half cent additional for every dollar of street construction and put in a tree about every fifty or hundred feet and ask the property owners to help with this. Director Sharp suggested that the city budget an amount to $2,000 or $3,000 to put into trees and then ask the property owners to contribute trees also. Director Henry asked Mr. Hopper if the developers intended to proceed 271.9 with building the 31' street whether the City contributes the amount to widen 271.5 272 the street to 49' or not. Mr. Hopper answered that they do intend to build the street and all that is required is 31'. Director Henry stated that if the street is not widened now it will be a problem in the future when the street must be widened. 272.1 Mayor Todd asked if there was any kind of a time table for the development of the remainder of the property. Mr. Lindsey stated that Arkansas Western Gas is willing to continue in arr orderly process of developing this property. If someone along there was willing to build a street, probably the City would not have the money to contribute. However, over a four or five year period this would be possible. 272.2 Director Bumpass asked what the total cost would be of taking this all the way to Highway 265. Mr. Lindsey answered that it would be in excess of one million dollars for a road 49' wide. 272.3 Director Bumpass stated that he had reservations about this. He said he felt there is a need for the east -west thoroughway to Highway 265. The Street Committee had recommended that this be done, but Bumpass stated that he felt the City would be committing itself to a four lane road all the way to Highway 265 and in effect this would be a million dollar project. 272.4 Mr. Lindsey stated that after the projects on North Street and Gregg Street are completed, then this will be Item #1 on the street list. He stated that he felt there would be a good chance that in the next three years the City could work closely with the gas company to get at least half of the road out of the way. Mr. Lindsey stated that three years of working with the gas company, and two budget years, could possibly have the road completed in a total of five years. 272.5 Mayor Todd asked if Urban System Funds could be used to construct a new road, and Mr. Grimes answered that they could. 272.6 Director Noland pointed out that once you design a street to 49' it is much better than going back and trying to make a 31' street a 49' street. The Street Committee feels this will be an important street, and this is why they feel it should be constructed to higher standards and the full width. 272.7 Mr. Lindsey pointed out that the most recent count shows 33,200 cars per day going past the mall at this location. This is over a million cars per month. 272.8 Director Henry, seconded by Noland, moved that the recommendation of the Street Committee be approved, and that $2000 to $3000 be included for trees as suggested in the above discussion. 272.9 Upon roll call the motion passed by a 5-0 vote, with Director Osborne absent upon roll call. SIDEWALK PLAN 272.10 Mayor Todd introduced an ordinance recommended by the Board Street Committee amending the Master Sidewalk Plan by reflecting a sidewalk along the south side of Pump Station Road, from Morningside Drive to the eastern end. 272.11 City Attorney McCord read the ordinance for the first time. 272.12 Director Henry, seconded by Noland, moved that the rules be suspended and the ordinance be placed on second reading. Upon roll call the motion passed unanimously, and the City Attorney read the ordinance for the second time. 272.13 Director Osborne, seconded by Henry, moved that the rules be further suspended and the ordinance be placed on third and final reading. Upon roll call the motion passed unanimously, and the City Attorney read the ordinance for the third and final time. 272.14 Mr. Grimes explained that a letter had been received from Mr. Dale Christy, of the Chamber of Commerce, asking that Marshalltown Tool not be required to build a sidewalk at this particular time, but that the sidewalk might be required in one of their planned expansions. They are building the first phase of a five phase total project. Mr. Grimes stated that he was in agreement on this. Marshalltown has planned their project based upon the existing City regulations and is now to the stage of processing their building permit. 1 1 September 15, 1981 273 Director Noland moved to amend the ordinance to state that the sidewalk 273.1 be required along the north side of Pump Station Road, from Morningside Drive to the eastern end. This motion died for lack of a second. Upon discussion, Director Osborne suggested passing the ordinance, 273.2 which would not become effective until 31 days from date of publication, and the building permit for Marshalltown Tool could be issued before that 31 days expired. Mayor Todd called for a vote on the ordinance which passed unanimously 273.3 upon roll call. ORDINANCE N0 .,760 APPEARS ON PAGE 44tc OF ORDINANCE & RESOLUTION BOOK %C/I O TSM/TIP 01Mayor Todd introduced amendments recommended by the Board Street Committee 273.4 to the City's Transportation System Management/Transportation Improvement Program. (See Directors' Agenda) Q Discussion was held on the items. Director Sharp pointed out that the 273.5 street committee had held discussions on Old Wire Road concerning sidewalks and shoulders instead of widening to four lanes. Mayor Todd pointed out that Stearns Street is Joyce Street and that 273.6 this might be eligible for urban funds. It was agreed to change the funding on the list to FAU for Joyce Street if possible. After discussion, Director Henry, seconded by Henry, moved that the 273.7 recommendations of the Board Street Committee be approved and that the dollar amounts be updated. Upon roll call the motion passed unanimously. PAVEMENT RESEARCH Mayor Todd introduced a request for approval of City participation, at a 273.8 cost of $2,000, in an American Public Works Association research project on "Optimizing Pavement Investment." Director Noland asked Mr. Grimes if he felt this is a legitimate request 273.9 and will the information be obtained to justify this expense. Mr. Grimes answered that he felt this was worth the investment. Director Noland, seconded by Sharp, moved the approval of the expenditure. 273.10 Upon roll call the motion passed unanimously. 273.11 RESOLUTION NO. S9-8/ APPEARS ON PAGE 4 51 OF ORDINANCE & RESOLUTION BOOK/K1 OTHER BUSINESS NOISE ORDINANCE Director Osborne stated that there was apparently still a misunderstanding 273.12 over the noise ordinance in that the Department of Public Safety thought that there were no decibel limits on noise, but that as much noise as desired could be made until 1:00 a.m. Director Osborne stated that he would like the City Attorney to meet with Larry Slammons of the Department of Public Safety and go over the noise ordinance. McCord stated that he has attended meetings where representatives of 273.13 DPS were present and this was discussed. McCord also stated that DPS was invited to attend the regional seminar conducted by EPA. Director Osborne asked McCord to send a copy of the ordinance to Larry 273.14 Slammons of DPS. Also, it was agreed to ask the Police Chief to instruct his officers to reply with a statement other than, "It's not our problem." September 15, 1981 274 AUDIT CONTRACT 274.1 Director Osborne stated that Jack Frost and Company were doing the audit for the City of Fayetteville Water and Sewer Fund and Sanitation Fund, but the auditors doing these audits left Jack Frost and went to Russell Brown and Company. Finance Director Linebaugh has recommended that the City change to Russell Brown and Company so that the auditors familiar with the City of Fayetteville will be doing the audit. Otherwise, an entire new staff of Jack Frost will have to be sent in and trained. Osborne stated that this situation has been reviewed by the City Attorney and he has agreed with Linebaugh's recommendation. Also, the Finance Committee has reviewed this and recommended that the City go with Russell Brown and Company. 274.2 Director Osborne, seconded by Henry, moved that the recommendation of the Finance Director be approved. Upon roll call the motion passed unanimously. RESOLUTION NO.94/ APPEARS ON PAGE 1 +9 OF ORDINANCE & RESOLUTION BOOK AI I SIDEWALK/PARKING LOT ON MEADOW STREET 274.3 Director Sharp stated that he felt a sidewalk was needed along this parking lot on Meadow Street across from the Hilton. This is on the north side of Meadow between East Street and Block Street. 274.4 Mr. Grimes pointed out that there is a sidewalk on the south side of the street. 274.5 Mayor Todd asked if asphalt would have to torn up so the concrete could be laid, and Director Sharp stated that he thought you could just pour four inches of concrete on top of the asphalt. 274.6 Mr. Grimes explained that this is a temporary layout for the lot at the present time. 274.7 This was postponed until the rest of the Board could visit the site. HUMANE SOCIETY 274.8 Director Henry stated that she had been contacted by Mrs. Greenwood of the Humane Society and that the person who manages the Animal Control for the City of Hot Springs is willing to come and speak to the Board. 274.9 It was agreed to allow the visitor ten minutes at the board meeting on October 6. BUDGET ADJUSTMENTS 274.10 City Attorney McCord stated that a budget adjustment was needed for the street striping contract and for the APWA research participation. 274.11 Director Osborne, seconded by Henry, moved that these adjustments be approved. 274.12 Upon roll call the motion passed unanimously. RESOLUTION NO. YO -S7 APPEARS ON PAGE ttl.1 OF ORDINANCE & RESOLUTION BOOK A ( KINCAID/HORNE/TRUMBO SIGN CASE 274.13 City Attorney McCord stated that he had distributed a copy of the judgment in the Kincaid/Horne/Trumbo sign case which was submitted under the stipulation of fact, stipulation of testimony, and the stipulation of the court to visit the site. The case was tried to the court and not to the jury. The Judge did grant the variance, and McCord stated he did not recommend an appeal. The Board of Directnrs agreed with the decisionnot to appeal. CITY OF FAYETTEVILLE V. JOE MORRIS 274.14 City Attorney McCord stated that he was recommending that a pending appeal to the Supreme Court from the Washington Circuit Court's judgment holding the penal provision in the sign ordinance unconstitutional as applied to pre-existing signs. McCord stated that it was his intent to 275 consolidate this with a pending case of Mcllroy Bank & Trust et al v. City of Fayetteville. However, a decision has not been rendered on the McIlroy Bank case, therefore, he was asking for a consensus of the Board to dismiss the appeal of the Morris case. McCord stated this would not set a precedent. Director Osborne, seconded by Henry, moved that the appeal be dismissed. 275.1 Upon roll call the motion passed unanimously. 275.2 HOUSING AUTHORITY City Attorney McCord explained that in order to accommodate the Housing 275.3 Authority, the City had accepted the assignment of an option and agreed to exercise the option to purchase property on which a low income housing project is to be constructed. The Housing Authority would like to close the CD first of next week, but the money for the purchase price is invested in a CD which will not mature until October 17. They are asking the City to enter into an agreement to go ahead and close and accept payment on October 17, with the City to be paid the accrued interest between the closing date and Q payment date. Q Director Osborne, seconded by Henry, moved that this option be exercised. 275.4 Upon roll call the motion passed unanimously. 275.5 OFF-STREET PARKING DEVELOPMENT DISTRICT NO. 1 REQUEST City Attorney McCord explained that the off-street parking development 275.6 district No. 1 is asking for a grant from the City of Fayetteville instead of a loan. Upon discussion, the Board agreed to inform the district there would be 275.7 no grant given but that a loan might be taken into consideration if the District so desired. McCord stated he would inform the district of this. 275.8 1 CETA ASSISTANT/CITY PROSECUTORS OFFICE City Attorney McCord stated that the CETA assistant in the City Prosecutors 275.9 Office had been terminated due to the lack of funding by the federal government. This person had been handling returned checks processed through the City Prosecutors Office which number approximately fifty per week in the summer months and from seventy-five to one hundred per week the remainder of the year. If this service is to be continued, a replacement for that position will have to be provided. The City Prosecutor has found a person interested in the position at a Clerk I salary and this person also has data processing training. Discussion was held on whether or not the City could collect a fee from 275.10 the merchant for this service. Director Noland, seconded by Osborne, moved that this position be authorized 275.11 for the remainder of the year at a Clerk I salary, and that the City Attorney make a recommendation on the possibility of the City recouping part of its cost for this service. Upon roll call the motion passed by a 4-2 vote, with Directors Bumpass and 275.12 Todd voting in the minority. B & B BARBEQUE City Attorney McCord reported that the building which had been located in the easement at B & B Barbeque had been removed. MINUTES The minutes of the 9-1 -81 meeting were approved with the following corrections: 275.13 275.14 276 276.1 Paragraph 259.1 should read, ". . .The ordinance requirement is a limit of one wall sign per wall per business with a maximum of four wall signs on any one structure, unless the Board determines that strict enforcement would cause undue hardship because of characteristics unique to the property in question." 276.2 The first paragraph at the top of page 264 was deleted. 276.3 Paragraph 257.3 should read, ". . .was made by Janie Kelly of. . ." 276.4 A paragraph was added at the end of Paragraph 257.7, stating, "Director Henry, seconded by Sharp, moved that the sidewalk requirement be deferred and a bill of assurance be executed by Ms. Kelly stating she will construct the sidewalk upon the call of the City. Upon roll call the motion passed unanimously." 276.5 The last sentence of Paragraph 258.4 should be corrected to state, "Upon roll call the motion failed by a 3-3 vote, with Henry, Lancaster, and Sharp voting in the negative. 276.6 Paragraph 264.4 was corrected to read, "Assistant City Manager McWethy. . ." ADJOURNMENT 276.7 There being no further discussion, the meeting adjourned at 11:00 p.m 1