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HomeMy WebLinkAbout1982-01-05 Minutes1 January 5, 1982 357 MINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Board of Directors was held on Tuesday, January 5, 1982, at 7:30 p.m. in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. PRESENT: Directors Bumpass, Henry, Lancaster, Noland, Osborne, Sharp, and Todd; City Manager Grimes, City Attorney McCord, Assistant City Manager McWethy, and City Clerk Rowe. Members of the press and audience. ABSENT: None 0 M CALL TO ORDER (3) Mayor Todd called the meeting to order and asked for a moment of 357.1 respectful silence. Q MAYOR PICKED Q Mayor Todd opened the meeting by calling for a selection by the Board 357.2 members, from among their number, directors to serve as Mayor and Assistant Mayor for the calendar year 1982. Director Henry, seconded by Sharp, nominated Director Paul Noland as Mayor 357.3 and Director Rick Osborne as Assistant Mayor. She further moved that nominations be ceased which was seconded by Mayor Todd. Upon roll call the nominations passed 5 to 0, with Directors Noland and 357.4 Osborne abstaining. Mayor Noland then assumed his duties as mayor and expressed the Board's 357.5 appreciation of the work Director Todd had done as mayor and awarded Director Todd a plaque. EMPLOYEE OF THE MONTH AWARDS/DECEMBER Mayor Noland introduced the three Employees of the Month for the month 357.6 of December, 1981. He presented each of the following city employees with a certificate and a check and noted the comments their supervisors had made. Sharon Burns. Sharon Burns has been an employee of the water and sewer 357.7 department as secretary since July 1972. City Engineer Don Bunn had written that she has always worked very hard at improving the skills required in her Job and has taken numerous courses over the years aimed at self improvement. Mrs. Burn's job requires that she work very closely with the men in the 357.8 field, and she does an excellent job in this regard. She is well liked and appreciated by everyone in the department Over the past several months Mrs. Burns has not only made a special effort 357.9 to do her own job as efficiently as possible, but has actively sought out work she might do for other departments as well. Mrs. Burn's attitude towards her own job and her willingness to do work 357.10 beyond her departmental responsibilities make her deserving of this award. Debbie Sauls. According to Municipal Judge Charles Williams, Ms. Sauls, 357.11 more than any other employee, has shown more dedication to her duties and more enthusiasm and desire to learn all facets and requirements of her employ- ment. She constantly strives to perform each task in the most efficient and proper manner. Ms. Sauls has to deal with many people who are upset, confused, and often 357.12 irrate.. An indication of the good job she does is the fact that so many compliments are extended. She has the ability to treat them in a courteous January 5, 1982 35S and respectful manner, and the extra effort she takes in helping them understand the situation they are facing makes everyone's job much easier. 358.1 Her duties as Court Clerk require her to perform the major administrative duties associated with the Court and supervise two deputy clerks. She is a very effective supervisor and is well -liked and admired by the other employees and people with whom she deals. 358.2 When Ms. Sauls began her job as clerk, she assumed responsibility for implementing a complicated accounting and record keeping system. Even though she had minimal training and experience, she did an excellent job of properly instituting the system without extensive supervision. Her supervisor said he could completely trust her to do what her job duties require. 358.3 Clyde D Wise. Mr. Wise began his current period of employment with the Street Department on November 2, 1973, as a Laborer II. Superintendent Clayton Powell said that Mr. Wise consistently applied himself and steadily progressed through the classification system to his present classification of Heavy Equipment Operator on January 27, 1975. 358.4 Mr. Wise is proficient and capable of operating every heavy equipment unit in the Street Department inventory. Due to his extensive knowledge of street maintenance and construction and his abilities as a heavy equipment operator, he is constantly called upon during critical phases of operation to step in and get the job done. Mr. Wise is also a proficient machinest and welder. 358.5 Mr. Wise distinguished himself during the month of December as "Mr. Fixit." He has been placed in charge of the new building and Shop yard to maintain vehicles, equipment, and construction materials as they are cycled into and out of service on a seasonal rotational basis. He completely cleaned, serviced, and conditioned the slurry seal units and asphalt paving machine for winter storage. He also took the salt and chat spreader units out of storage and serviced, adjusted, and conditioned them for use during inclement weather. 358.6 As "Mr. Fixit," Clyde is frequently called upon to fabricate parts and/or materials for construction projects such as drainage structures and guard railing for bridges and sidewalks. He also does welding and temporary repairs to vehicles and equipment on construction sites to prevent work stoppages and down time until it is convenient to obtain parts and permanent repairs. 358.7 Mr. Wise has been complimented by foremen for his cooperation and assistance to them and was the unanimous choice of all foremen as the candidate for "Employee of the Month" from the Street Department. AIRLINE LEASE/METRO AIRLINES 358.8 Mayor Noland introduced a resolution authorizing the execution of a lease agreement with Metro Airlines, for space at Drake Field. Metro Airlines, Inc., will begin serving Drake Field on February 1, 1982, with three daily one-stop round trips between Fayetteville and Dallas -Fort Worth, using Convair 580s -- equipment identical to that which Frontier Airlines is now using in this market. 358.9 Metro will occupy the terminal building space presently leased to Frontier Airlines. The rentals and charges included in the lease agreement reflect the increases for 1982. Metro has indicated a willingness to pay the city all rentals and charges due for the period February 1 --December 31, 1982, even if the lease should be terminated prior to December 31 through no fault of the city. 358.10 The City Manager, airport staff, and the Airport Committee are recommending approval of the lease. 358.11 Director Henry, seconded by Todd, moved that this resolution be approved. 358.12 Director Lancaster made a formal welcome to Metro Airlines and indicated that people with whom he had talked were behind Metro. Mayor Noland further welcomed Metro to Fayetteville. 1 1 January 5, 1982 359 Mayor Noland commented that the Airport Committee supports this lease. 359.1 Edge Hogue, Airport Manager, introduced the Metro representatives in the 359.2 audience --Jess Hall, Doug Caldwell, Jeff Spears, and Gene Boyette. Mrs. Hogue expressed her appreciation of the Metro efforts. There being no further comments, upon roll call the motion passed 359.3 unanimously. RESOLUTION NO. 1-82 APPEARS ON PAGE 3(03 OF ORDINANCE & RESOLUTION BOOK K1/( ACT 9 BONDS/ARKANSAS WESTERN GAS Mayor Noland introduced a resolution authorizing a Memorandum of Intent 359.4 regarding the issuance of $1,000,000 in "Act 9" Industrial Development Revenue O Bonds for Arkansas Western Gas. The $1,000,000 figure was corrected from the stated $950,000 in the agenda according to City Attorney McCord's instructions. City Attorney McCord further pointed out that Arkansas Western Gas was 359.5 0) represented by Mr. James Walker if anyone had any questions for him, and that there was an explanatory letter in the agenda. Q Under the terms of this Memorandum,the City agreed to issue approximately 359.6 Q $1,000,000 in Act 9 bonds to finance the expansion and equipping of facilities for Arkansas Western Gas Company. The Company will pay off all of the costs of the bonds (including both principal and interest the cost of issuing the bonds and financing and attorney's fees) through a lease or similar arrangement, and the City will own the facilities until the bonds are paid off. Act 9 revenue bonds do not establish any liability whatsoever on the part of the City --in the unlikely event that Arkansas Western Gas should go bankrupt or default on the repayment of the bonds --nor is there any additional tax millage for the citizens to pay associated with this revenue bond issue. City Attorney McCord pointed out to the Board that this was the same type 359.7 of transaction that the City has done in the past with Baldwin Piano & Organ, Hackney Brothers. Body Company, Warren' Tool Co., Arkansas Best Freight, American Air Filters, Norris Industries, and Fayetteville Plumbing & Heating. Director Todd noted that the necessary factors to determine the feasibility 359.8 of this request had been covered, and that this new facility would be advantageous to the City, specifically that area of town. Mr. Walker, of Arkansas Western Gas, explained to the Board that the 359.9 first stage, the one Arkansas Western Gas was proposing at this time, does not remove all of the facilities from the Maple Street location. The service activity will still be maintained from the Maple Street location until such time that Arkansas Western is able to move it. All of the heavy equipment and storage would be moved to the new facility from Maple Street. Director Lancaster questioned if there would be payments in lieu of taxes 359.10 for this facility. Mayor Noland confirmed that there would be; this is a standard provision in this type of agreement. Director Henry, seconded by Bumpass, moved to approve this resolution. 359.11 Director Bumpass expressed his approval of the fact that Arkansas 359.12 Western Gas is the first Northwest Arkansas company to be put on the New York Stock Exchange and congratulated them. Upon roll call the motion passed unanimously. 359.13 RESOLUTION NO. 2-82 APPEARS ON PAGE 377 OF ORDINANCE & RESOLUTION BOOK XIII January 5, 1982 360 TV SUPPORT/KTVP 360.1 Mayor Noland introduced a request by KTVP for a letter in support of Channel 29's efforts to secure and increase television coverage of local news and events. 360.2 At the last Board meeting representatives of KTVP requested that the City Board consider authorizing a letter to the FCC indicating the city's support of Channel 29's efforts to secure and increase television coverage of local news and events. 360.3 During the December 15 presentation, it was pointed out that prior to 1980, when ABC network programming was carried over Warner/AMEXcable, Channels 8 (KTUL, Tulsa) and 12 (KODE, Joplin) were blanked out so that Channel 29's signal (and, more important to KTVP, Channel 29's commercials) were what the viewer saw whether the set was tuned to 8, 12, or 29. This FCC "network non -duplication rule" was intended to enhance the commercial viability of small TV stations serving the more isolated markets. The FCC rule was lifted in 1980 and Channel 29's viewership dropped accordingly. With the reduction in ratings came a corresponding reduction in advertising revenues which has reportedly caused a reduction in KTVP's ability to continue local programming. KTVP is asking the FCC, in effect, for a variance to allow the re -institution of this network nonduplication in Fayetteville, and the request was that the City Board authorize a letter in support of their programming efforts. 360.4 Director Osborne stated that this question really did not belong before the Board. He stated that this was an FCC question. He further stated that he did not feel that the Fayetteville City Board's intervention in this matter would make any difference one way or the other. For this reason, he suggested that the Board take no position in this matter. 360.5 Director Osborne formally made a motion for the City of Fayetteville Board of Directors not to take any action on the KTVP request for backing. 360.6 Director Lancaster, seconded Director Osborne's motion, and stated that he also felt that the Board should take no position. 360.7 Director Bumpass stated his agreement with the proposed motion. He asked, however, if there was any new information that either party wanted to add that might influence the Board's decision. 360.8 Mayor Noland stated that the Board had agreed to hear further discussion from KTVP and KTUL only if it was new information that would influence their decision making process. 360.9 Cliff Walker, KTVP, clarified some matters. He stated that KTVP was not trying to get KTUL off of the cable. He stated that Channel 8's signal would not be denied on the local cable system if KTVP's request before the FCC is approved. He further stated that the coverage of the Arkansas ballgames would not be affected by the FCC decision. Mr. Walker further stated that the lack of cable protection would hurt KTVP more than its presence would hurt KTUL. 360.10 Director Bumpass asked when the FCC hearing would be held. 360.11 Mr. Walker replied that he was not sure. He also stated that KTVP would appreciate any help that the Board could offer. He further stated that cities responding in this manner to the FCC about local stations was a common occurrence. 360.12 Director Bumpass asked if private citizens could respond on this issue. 360.13 Mr. Walker responded that citizens could certainly write to the FCC and comment on this issue. 360.14 Mr. Bruce Smith, KTUL--Channel 8, stated that he agreed with the stated opinion that the question before the Board was actually an FCC matter. He also stated that if the nonduplication rule passed, then KTUL would be off the cable. He stated the economic important of KTUL's advertising to this area. 1 1 January 5, 1982 361 A member of the audience asked why the Washington County cable system 361.1 would be unique. He stated that if the FCC gives KTVP the non -duplication rule, Channel 8 would still be on the cable. He further stated that the FCC cares about local stations because they passed the Prime Access Rule in 1970 which took one-half an hour away from network time and9 ave it to local stations for local programming. Mr. Smith responded that Warner Cable had informed him that if the 361.2 non -duplication rule is passed, Channel 8 would be replaced on the cable by another channel. There being no further discussion, upon roll call the motion for the 361.3 Board to take no position on the question, passed 5 to 2 with Directors Henry and Sharp voting in the minority. Q Director Henry agreed with Director Sharp's statement about feeling 361.4 0) there would be nothing wrong with supporting KTVP in a letter to the FCC. AIRPORT NOISE/DRAKE FIELD Mayor Noland introduced a proposed amendment to an agreement for 361.5 Q engineering services, regarding a noise study at Drake Field. Ede Hogue, Airport Manager, informed the Board that she had been involved with all of the interviewing and working on obtaining a firm to do this study. She informed the Board that Mr. Vincent Mestre, who is from California, works with this firm and will be doing the actual noise testing at Drake Field. She also stated that she felt Fayetteville was fortunate to have received the federal money for this project, and that Skyways had agreed to pay the local share. There is to be a public hearing, and a notice will be sent to all interested parties regarding this hearing. It was noted that the test would not be able to be completed at the time 361.6 the hearing is currently planned; however, a continuance would be granted. Director Sharp asked if Skyways would pay for the local share of the 361.7 testing costs. It was confirmed that Skyways would pay this local cost. City Attorney McCord pointed out that he felt it was premature to 361.8 discuss alternatives which might be recommended by the consultant before the study had even been conducted. Director Henry, seconded by Lancaster, moved the amendment be approved. 361.9 Upon roll call the motion passed unanimously. 361.10 RESOLUTION NO. 6-82 APPEARS ON PAGE 4/0 OF ORDINANCE & RESOLUTION BOOK X1/1 EXECUTION OF GRANT/OFFER AND ACCEPTANCE FOR NOISE STUDY City Manager Grimes stated that an authorization to execute a grant 361.11 offer and acceptance and any other necessary documents in relation to the noise study grant needed to be approved. Mayor Noland, seconded by Lancaster moved to approve this motion. Upon roll call this motion passed unanimously. 361.12 RESOLUTION NO. 5-82 APPEARS ON PAGE 3970F ORDINANCE & RESOLUTION BOOK X111 The Board then considered other matters on the agenda. Skyways personnel 361.13 arrived later in the meeting and commented as follows: At this time Mr. J. Tucker Morse, member of the Skyways Board of Directors 361.14 spoke on behalf of Skyways regarding the lease of terminal space to Metro. He stated that Skyways felt that they were not given equal opportunity to lease the Frontier location especially since they applied for the location before Metro applied. He said a condition was imposed upon the lease that Skyways would have to move from their newly opened reservations center which would impose a substantial cost on Skyways. He further stated that Skyways did enjoy their service in Fayetteville and planned to continue and even increase their flights. He stated that Skyways was very disappointed that they were 1 362 January 5, 1982 not allowed to lease the space upon the same conditions that Metro was allowed to lease; however, they did not intend to be controversial and welcomed Metro Airlines to Fayetteville. REZONING PETITION/FAYETTEVILLE CITY HOSPITAL AND GERIATRIC CENTER 362.1 Mayor Noland introduced an ordinance to rezone property, 4.0 acres, located between Rock and South Streets and West and School Avenues. The requested change is from R-0 "Residential -Office" to "P-1" (public) institutional. The Planning Commission approved this by a vote of 6 to 0. 362.2 City Attorney McCord read the ordinance for the first time. Director Todd, seconded by Osborne, 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. 362.3 Director Bumpass, seconded by Mayor Noland, 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. 362.4 Mayor Noland called for discussion on the ordinance. There being none, upon roll call the motion passed unanimously. ORDINANCE NO. 2785 APPEARS ON PAGE '74 OF ORDINANCE & RESOLUTION BOOK XJ/ SIDEWALK WAIVER I/1614 E. HUNTSVILLE ROAD 362.5 Mayor Noland introduced an appeal from the literal provisions of the Master Sidewalk Plan Ordinance, for property located at 1614 E. Huntsville Road. 362.6 There was no one to represent this appeal. 362.7 Director Bumpass, seconded by Henry, moved that the waiver be denied. 362.8 Assistant City Manager McWethy informed the Board that the property owners had been informed of the meeting, and that the item would be on the agenda. 362.9 Upon roll call the motion to deny the waiver passed unanimously. SIDEWALK WAIVER II/1100 WEST FIFTEENTH STREET 362.10 Mayor Noland introduced an appeal from the literal provisions of the Master Sidewalk Plan Ordinance for property located at 1100 West Fifteenth Street. 362.11 Mr. Jack Burge, of Jack Burge Construction, along with Mr. Ron Roettger, Engineering Officer from Campbell Soup, spoke on behalf of their request before the Board. Mr. Burge, using a chart, showed the Board where Campbell Soup was intending on constructing their new Waste Water Pretreatment Plant Addition. He contended that because this addition was so far removed from the street, that it should have no bearing upon the requirements for a sidewalk. He also stated that there were no adjacent property owners involved. He went on to explain that the ordinance stated that the developer shall oe required to bear that portion of the cost of said improvements which bear a rational nexus to the needs created by the development. Mr. Burge contended that this addition would not create any more needs for sidewalks, and that there was presently no foot traffic to warrant the expense of a sidewalk. 362.12 Director Osborne inquired if the Campbell Soup Company was required to build the sidewalk, would this additional cost make the total cost of the project unfeasible. 362.13 Mr. Burge stated that construction of the plant had already begun. It was further explained that Campbell Soup felt that the expenditure for the sidewalk was not justified. 1 1 January 5, 1982 363 Director Osborne asked if Mr. Roettger was in a position to commit 363.1 Campbell Soup to build a sidewalk in the future at a time when the City might require one. Director Osborne stated that he felt the City was concerned with sidewalks and the needs for them, and if Campbell Soup would commit to build at a future date when the City required a sidewalk, then the request for a temporary waiver would comply with the city sidewalk plan. Mr. Roettger stated that he was not in a position to commit Campbell Soup 363.2 to do anything in the future. Director Sharp stated that he felt there was a need for a sidewalk. He 363.3 further stated that he had driven by the area, and that there was a path along the side of the road from foot traffic. Director Osborne asked what the total cost of the expansion of this plant 363.4 O was going to be. He expressed his feeling that if the total cost was sizeable, then the $12,000-$15,000 to build sidewalks would not be a major addition to the total expense Q� Mr. Burge stated he did not know the total cost of the project. 363.5 Director Osborne further stated that he was concerned over a waiver of 363.6 the sidewalk rather than just a postponement. He stated that he had had a lot Q of positive public response to the City sidewalk plan. Mr. Burge further stated that he felt the Board should help one of the 363.7 city's largest companies. Director Osborne stated that the City was about to expend a great deal of 363.8 money on the sewer system, so he had no reservations whatsoever about Campbell Soup installing this pretreatment plant. He restated his feeling about a waiver versus a postponement. Mr. Burge stated that the only thing he could do would be to take this 363.9 point back to Campbell Soup and discuss it with them. Mr. Roettger pointed out to the Board that the total cost of the project 363.10 was not important. The cost of building the sidewalk was what was important-- $15,000 is the same no matter what the other expenses. He further pointed out that Campbell Soup feels the return on the benefit of the expenditure is not worth the cost of building the sidewalk. Director Osborne further statea his concern about sidewalks for the community. 363.11 Director Sharp explained that he felt the construction Campbell Soup is 363.12 undertaking does have a nexus to sidewalk usage. Mr. Burge said his interpretation of the ordinance regarding sidewalks 363.13 was that the construction had to be "adjacent to the street." He said he felt that this plant being 2000 feet from the street was not "adjacent to the street." He further argued that the other part of the ordinance dealing with a nexus would eliminate the need for sidewalks in this case. City Attorney McCord replied that he felt Mr. Burge had made a valid 363.14 point in applying the ordinance section dealing with "nexus." Director Osborne, relying on the rational nexus part of the ordinance, 363.15 moved that the waiver be granted. Director Bumpass asked then if Campbell Soup planned any expansion in 363.16 the future that would require sidewalks based on the nexus relationship. Mr. Burge explained to the Board several possibilities of expansion 363.17 that would fall under the jurisdiction of the ordinance. Director Todd asked if there would be any additional employees associated 363.18 with the new construction. Mr. Burge replied that no new employees would be needed. 363.19 Director Todd seconded Director Osborne's motion based on the fact that 363.20 it appeared no new needs would be created for a sidewalk. Director Henry stated that she would like to see the City amend the 363.21 present ordinance to state that sidewalks would have to be built upon the call of the City. January 5, 1982 364 364.1 City Attorney McCord stated that the actual reading of the ordinance was not "adjacent to the street" rather "along the street." He further stated that the Campbell Soup construction is development within the definition of the ordinance. He stated that on a legal basis there was very little rational nexus between this construction and the need for a sidewalk. He further stated that he felt the Board had to comply with the sidewalk ordinance that they had previously adopted, but that problems can arise under this ordinance. 364.2 Director Henry stated that this was something that came up regarding the ordinance that the Board had not anticipated at the time the ordinance was adopted. However, the Board does have the power to amend the ordinance to require property owners to build sidewalks upon the call of the City, and this amended ordinance could be applied to this present situation or any other property. 364.3 Director Bumpass stated his feeling that this was too important of an area to waive the requirements for a sidewalk. 364.4 Director Osborne then asked if this new plant would create any additional traffic. 364.5 Mr. Burge replied that he did not feel that it would. 364.6 Director Bumpass further explained that he felt the intent of the sidewalk ordinance was to provide sidewalks where necessary, and he felt that the sidewalks would be needed here. 364.7 Director Osborne disagreed with Director Bumpass' interpretation of the ordinance. He stated that he interpreted the ordinance to mean that sidewalks were required where there is development --not when they are needed. 364.8 City Attorney McCord pointed out that the key phrase was the part dealing with "the rational nexus to the needs created by the development." 364.9 Mr. Roettger stated that he felt the Board would have the power to require Campbell Soup to build sidewalks because there is a state law stating that the City has this power. However, the interpretation of this ordinance does not appear to state this. 364.10 Director Lancaster commented on the purpose of the sidewalk ordinance. He stated that the Board passed this ordinance because this town would eventually need sidewalks in front of every property, but everyone realized that a blanket ordinance could not be passed to require everyone to put in sidewalks immediately. The ordinance was a method in which to require new developments to build sidewalks; this would in turn result in sidewalks throughout the City at some point in the future. 364.11 The motion to grant the waiver was then voted upon; it failed by a vote of 4 to 3, with Directors Todd, Osborne, and Noland voting in the minority. 364.12 Director Osborne then moved that the sidewalk be postponed until the City called for it to be built. Mayor Noland seconded this motion. 364.13 Upon roll call this motion failed 5 to 2, with Directors Osborne and Noland voting in the minority. SIDEWALK WAIVER III/FAYETTEVILLE INDUSTRIAL PARK 364.14 Mayor Noland introduced an appeal from the literal provisions of the Master Sidewalk Plan ordinance and streetlight installation regulations, in the Fayetteville Industrial Park, for property north of Pump Station Road and west of Armstrong Avenue. 364.15 Mr. Johnny Quinn, representing McClelland Engineers, consultants for the developers, Fayetteville Industrial Development Corporation in conjunction with the City of Fayetteville, requested that sidewalk and street light requirements be waived for Industrial Park Central which is a preliminary plat 1 1 1 January 5, 1982 365 north of Pump Station Road in Fayetteville. He stated that there was little, if any, foot traffic in the Industrial Park or anything developed in that area at this time to encourage foot traffic. Director Osborne requested that the sidewalks and street lights be considered separately. He also wanted to know if there was a specific plan for this area of if the development plan was to Just put in streets. Mr. Quinn replied that land had been purchased by two buyers, but he was not aware of their plans for development. Director Todd asked Mr. Quinn if the Industrial Development Corporation was going to develop the land and then sell it. This was confirmed by Mr. Quinn; however, the purchases of the land have already been executed. Director Todd then asked what was the size of this particular piece of property. Mr. Quinn informed the Board that the property was approximately 40 acres, consisting of 10 to 11 lots of about 3 to 4 acres each. He verified the fact that this property was for smaller industries. City Manager Grimes informed the Board that he had discussed this with Mr. Christy, and that it was his understanding that the sidewalks and lights would be put in at the time the building cites are actually built upon. He recommended that the Board not waive the requirements, rather state that the lights and sidewalks would be required at the time the tract is developed. Director Osborne, seconded by Sharp, made a motion of Mr. Grimes' recommendation. Mayor Noland explained that the motion would be to require sidewalks and lights to be built as the tracts are built upon by the purchaser. Director Osborne clarified the motion he intended to make stating that he intended the lights and sidewalks to be built at the call of the city or when the tracts are developed, whichever came first, Director Osborne further explained his meaning of wording the motion in this manner. He stated that if all of the tracts are developed except a few, then sidewalks and lights should be required to be built on these tracts so that lighting and sidewalks would be completed in the development. Upon roll call the motion passed unanimously. APPOINTMENTS/NOMINATING COMMITTEE Mayor Noland called for the report from the Board Nominating Committee regarding appointments to the Advertising & Promotion Commission, the Parks & Recreation Advisory Board, and the Fayetteville Housing Authority Board of Commissioners. Director Henry reported that Mayor Noland would replace Director Todd on the Advertising & Promotion Commission, as the mayor is by law to be on this commission. The Fayetteville Housing Authority Board nominated for reappointment Judy Endress to a five year term ending January 1, 1987. An appointment was made at the last meeting for the Parks and Recreation Advisory Board; however, Mr. Dill, the appointee, does not live in the Fayetteville city limits as is required, so he had to decline the appointment. George Knight was appointed to fill this position for a term ending January 1, 1984. Director Bumpass, seconded by Osborne, moved to approve Upon roll call the recommendations were approved 7 to 0. Director Todd asked if there was another vacancy on the Advertising and Promotion Commission. Director Henry replied that she was not sure, but she would check into the matter. 365.1 365.2 365.3 365.4 365.5 365.6 365.7 365.8 365.9 365.10 365.11 365.12 365.13 365.14 365.15 365.16 these recommendations. 365.17 365.18 365.19 January 5, 1982 366 STREET CLOSING/POLICY STATEMENT 366.1 Mayor Noland introduced Director Todd's recommendation that the Board consider a proposed policy statement regarding the closing of streets and the repair of street cuts. 366.2 Director Todd stated his feelings about the inconvenience of street closings as well as the possible hazards involved. He stated that he would like to see a policy adopted by the Board similar to the proposed statement in the agenda. He stated that he would like to see an addition to the last line stated, "and also if penalties are warranted because of failure to comply with the original agreement." He explained that his intent in including that point was to enable the staff to have available to them some leverage in the form of penalties in case an agreement in terms of time or restoration of conditions, etc., is not complied with. He further stated that he would like something shorter than a 48 hour closing, more like a 12 hour time limit. He stated that he was trying to balance the public and special interests with this policy statement. 366.3 Mayor Noland asked what sort of penalties could be imposed. He asked the City Attorney for recommendations. 366.4 City Attorney McCord stated that if the Board did want to impose penalties, then he suggested they put them into ordinance form so that the City would have a legal right to impose the penalty. 366.5 Director Osborne stated that he would like for the ordinance to read such that it would include public streets, parking places, sidewalks, or other public areas that cannot be closed for any purpose for longer than the amount of hours decided upon. 366.6 It was decided that this proposed policy would not apply to emergency situations required for repairs. 366.7 Director Osborne suggested expanding the proposed hours from 12 to 15 which would cover from 5:00 p.m. until 8:00 a.m., which would allow a person time to obtain permission to close a road, etc., for any longer period of time. 366.8 Director Bumpass moved that this be referred to the Street Committee and let the City Attorney draft an ordinance. 366.9 The proposed policy statement was referred to the Street Committee and City Attorney McCord was requested to draft an ordinance. FIRE CONTRACT/CITY OF GREENLAND 366.10 Mayor Noland introduced a resolution authorizing the Mayor and City Clerk to execute an amendment to a contract for fire protection with the City of Greenland. 366.11 On August 20, 1981, Fayetteville entered into a contract for the provision of fire protection service to the City of Greenland, at a rate of $18,561.79 per year. The initial period of coverage expired January 1, 1982, and under the contract's terms it "may be renewed from year to year by resolution of the governing bodies of both cities and execution of an agreement to extend or renew the contract." 366.12 The amendment before the Board would allow quarterly renewal periods during 1982, without further Board action being necessary, at rates determined by a formula previously agreed upon in the original contract. 366.14 There being no further discussion, the motion passed 7 to 0. RESOLUTION NO. 3-82 APPEARS ON PAGE 381 OF ORDINANCE & RESOLUTION BOOK )(ill STREET RIGHT-OF-WAY/CENTRAL FIRE STATION PROPERTY 366.15 Mayor Noland introduced an ordinance dedicating as street right -or -way a portion of the property on which Central Fire Station is located. 1 1 January 5, 1982 367 City Attorney McCord read the ordinance for the first time. Director 367.1 Henry, seconded by Osborne, moved that the rules be suspended and the ordinance be placed on second reading. Upon roll call the motion passed unanimously. City Attorney McCord read the ordinance for the second time. Director 367.2 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. Director Lancaster asked what the ihtended use was for this property. 367.3 City Manager Grimes informed the Board that this was needed because of 367.4 the installation of a small building for the storage of newspapers brought by residents so that they could be recycled as was requested by the Energy Advisory Commission. Mr. Grimes further stated that this project had been routed through all of the necessary committees, and that this was the final stage for approval to build the approximately 10' x 15' building. Upon roll call the ordinance passed unanimously. 367.5 ORDINANCE NO. 2786 APPEARS ON PAGE 96 OR ORDINANCE & RESOLUTION BOOK K (/ BID AWARDS Mayor Noland introduced bid awards division of the Finance Department. He low bidder on the two trucks. Director Osborne, seconded by to the low bidder. There being no motion passed 6 to 1 with Director for two pickups for the meter reading 367.6 stated that Jim Ray Chevrolet was the Bumpass, moved that the awards be granted further discussion, upon roll call the Todd voting in the minority. Mayor Noland then introduced a bid for miscellaneous firefighting equipment. Mayor Noland stated that this equipment was necessary to enable the City of Fayetteville to obtain Class IV Fire Rating. Director Sharp, seconded by Bumpass, moved the award of bid #474. Upon roll call the motion passed 7 to 0. 367.7 367.8 367.9 Mayor Noland introduced a bid for the printing of bicycle route maps. 367.10. Director Lancaster wanted to know the difference between the paper in 367.11 the two bids. Purchasing Officer Mackey informed the Board that the TYVEK paper would shed rain or water, and the other would not. Mr. Mackey showed the Board the samples of the two types of paper, and reported that this was the paper that the Bicycle Task Force had approved because of its durability. The Board expressed their concern over the bid costs. The base bid for 367.12 2,500 copies was $1,400.50 and for 5,000 copies was $3,932.00. In other words, the unit cost goes up with increased quantity. For the alternate bid involved, the TYVEK PAPER, the cost was for $3,299.00 for 2,500 copies and $4,744.00 for 5,000 copies. In this case the unit cost decreases greatly with increased quantity. Mr. Mackey informed the Board of the problem locating a printing company 367.13 that would handle this type job because of the small quantity involved. He further informed the Board of the deadline involved in obtaining the maps dealing with the grant money involved in this project. He also informed the Board that the contract with the State of Arkansas was to print 5,000 maps of the bicycle route. Director Sharp inquired if this proposed map was the same size as the maps 373.14 used by the Chamber of Commerce and if they did not sell theirs for 10¢ Mr. Mackey replied that it was the same size and sold for 25¢. 373.15 Director Sharp stated the cost for these proposed maps was almost $1.00. 373.16 Director Osborne, seconded by Sharp, made a motion to rebid the maps. 373.17 January 5, 1982 368 368.1 Director Osborne further stated that he was not sure that the City actually needed 5,000 bicycle route maps. 368.2 Purchasing Officer Mackey asked how to deal with this problem with the existing state contract requiring 5,000 maps. 368.3 Director Osborne asked Mr. Mackey what would have had to be done if the bid for 5,000 maps had been above the budgeted $4,000 in the contract. 368.4 Mr. Mackey replied that the Bicycle Task Force would have had to go back to the state and request an amendment to the contract. 368.5 Director Todd asked how many bid solicitations were sent out. 368.6 Purchasing Officer Mackey replied that he had sent out map bid requests to 10 map printers and advertized in the GAZETTE twice. He explained the reason for only receiving one response was because the quantity the City needed to have printed was considered by the printers to be very small. 368.7 Director Todd stated that he was not sure if the City would gain anything by rebidding the job. He stated that the number of 5,000 maps had already been agreed to. Also, the money by Bicycle Task Force is using for the maps is being transferred from a portion of their existing budget, specifically video equipment, which they have decided not to purchase. 368.8 Mr. Mackey further informed the Board that extensive advertising and time had gone into this bid offer and only received this one bid. This had been verified by the State, and a memorandum had been received by the City to transfer the money from the budgeted amount to the map project. 368.9 Mr. Mackey further stated that this contract expires on March 1, 1982, and after that time, the grant money would be forfeited. 368.10 Assistant City Manager McWethy stated that rather than the Board requiring this job to be rebid, he would rather the issue be tabled, so that the Board's reservations could be passed on to the Bicycle Task Force to take action on. 368.11 Director Osborne withdrew his motion to rebid. 368.12 Mr. McWethy further explained to the Board his interpretation of the reasons why the Bicycle Task Force preferred 5,000 maps. The Bicycle Task Force assumed that there were approximately 10,000 households in the City and an average of 2.3 children per household or about 23,000 children. Therefore, this would mean the 5,000 maps would be distributed as 1 per every 4 children. The Bicycle Task Force also anticipated that the 5,000 maps would be distributed within the first year or two. Mr. McWethy further explained that this particular map is a very sophisticated, many -colored map that is expensive to produce. 368.13 Director Todd made a motion to award the bid. 368.14 Director Sharp, however, did not withdraw his motion to table, so the motion to table was voted on. 368.15 Upon roll call the motion to table and refer back to the Bicycle Task Force passed 5 to 2 with Directors Todd and Osborne voting in the minority. SIGN REMOVAL/ORDINANCE REGARDING POST -SEIZURE HEARING 368.16 Mayor Noland introduced an ordinance providing for a post -seizure hearing procedure in the event an illegal sign is summarily removed without notice. 368.17 City Attorney McCord requested that this item be tabled. 368.18 Director Bumpass, seconded by Noland, made a motion to table. 368.19 Upon roll call the motion passed unanimously. PAY PLAN/1982 368.20 Mayor Noland introduced a report from the Board Finance Committee regarding the 1982 Pay and Classification Plan. 368.21 Director Osborne stated that Finance Director Linebaugh and Debra Lemaster, Personnel Officer, were in the audience to answer any questions. 1 1 1 January 5, 1982 369 Director Osborne, seconded by Noland, made a motion to approve the pay plan. Director Bumpass asked how the proposed pay plan related to the 10% ceiling on personnel raises. Director Osborne informed the Board that the pay plan did comply with this limit overall. He further confirmed that the percentage increases allocated were maximums and were not automatic. The Department Heads have the discretion to give from 0% to the amount allowed as a raise as long as the department does not exceed the percentage allowed. Mayor Noland stated that the basis for the raises was the extensive salary survey that was made of cities of comparable sizes in this general area. The City is attempting to bring the city salaries up to the average salary for the same job in comparable cities, and also to keep up with the cost of living. Director Bumpass asked how much, if any, of the $400,000 pay increase would be coming from the county sales tax revenue. Finance Director Scott Linebaugh replied that $20,000 of the $400,000 would be from the county sales tax revenue. Director Bumpass stated that he felt it was important for the voting public to know that the raises were not a big windfall from the sales tax. Director Osborne stated that he felt these were raises that would have been granted even if the sales tax increase had failed. Directors Lancaster and Henry disagreed with this. Director Osborne stated that he should have said the City had the obligation to grant these raises even without the increased sales tax revenue. He further stated that an overall study was being conducted and Job classifications were being redefined. Upon roll call the motion passed unanimously. Director Lancaster further inquired if the department heads would discuss the raises with their individual employees. City Manager Grimes stated that copies of the raise allocations would be passed out to the department heads at the department head meeting so that they could let their employees know about the raises. Director Todd wanted to know when the raise would show up on a check. Finance Director Scott Linebaugh replied that if the department heads would make their decisions and be completed by Wednesday, January 13, then the raises would be in the second January check. This second check would be retroactive to January 1, 1982. RESOLUTION NO. 4-82 APPEARS ON PAGE 39,8 OF ORDINANCE & RESOLUTION BOOK X//( PARKING GARAGE Mayor Noland introduced the recommended equipment needed by the new parking garage and valet lot. Mayor Noland moved that the parking deck equipment be purchased. This motion was seconded by Director Bumpass. Mayor Noland stated that he was separating for discussion purposes the two areas --valet lot and parking deck. Upon roll call the motion to authorize the purchase of the equipment for the parking deck passed unanimously. Parking Deck Equipment: 1 Ticket dispenser $1,914.00 1 Self contained parking booth 4,000.00 1 Cashier out -clock 365.40 1 Auto -gate 1,009.00 1 Detector 142.80 1 Push button for gate 50.00 $7,472.20 369.1 369.2 369.3 369.4 369.5 369.6 369.7 369.8 369.9 369.10 369.11 369.12 369.13 369.14 369.15 369.16 369.17 369.18 369.19 January 5, 1982 370 370.1 Valet Lot. Mayor Noland introduced the valet lot equipment needs and asked if there was any discussion or questions. 370.2 City Manager Grimes explained that there would be a flat rate arrangement with the Hilton Hotel. The lot is to be open to the general public. He further explained that the City felt that this flat rate arrangement would work out best in the long run rather than a per car basis. 370.3 Director Osborne explained that a sticker system for regular parking customers would be more convenient for them so that they would not have to have exact change. He commented that this would probably be easier for the parking attendants as well. 370.4 City Manager Grimes responded that he saw no problems associated with this type of arrangement. He further explained that the parking managers were very cooperative and would work with the City to find the best arrangement. 370.5 Director Lancaster asked if the Hilton was agreeable to leasing the entire lot. 370.6 City Manager Grimes reported that details had not been finalized with the Hilton. He further stated that the Hilton was currently paying a rate that was very near the proposed contract rate. He felt that the Hilton would be agreeable to the new rates. 370.7 Director Lancaster stated that he would like to make sure that the public knows that the lot is for the general public use as well as the Hilton. He also asked if the public would have to go to the Hilton each time to be given a pass or admittance into the lot. 370.8 Mr. Grimes stated that the public would have to go to the hotel and have a valet park their cars. 370.9 Director Todd stated that he felt there should be signs explaining this, and Mr. Grimes replied that signs were already there. 370.10 City Attorney McCord stated that there would be a lease between the City and the Hilton for this lot, so the City could control the parking rates. 370.11 The equipment being proposed is: 1 Card control unit 1 Auto -gate 2 Detectors @ $142.80 10 Cards @ $1.00 370.12 It was confirmed that the City was facilities, but the parking money would Mr. Grimes further stated that the only cost of their valet service. The lease space lease money of $30 per space per m 370.13 Director Lancaster, seconded by Nol of the parking equipment. 370.14 There being no further discussion, unanimously. PLAQUE/CONTINUING EDUCATION CENTER 370.15 There was some general discussion about the plaque containing the names of the board members for the Continuing Education Center. It was discussed that the names of the past board members who had worked on this center should be included on the plaque. It was decided to put their names under those of the current board members and the dates of their terms on the Board. $ 270.00 1,009.00 285.60 10.00 $1,574.60 purchasing the equipment for these be paid to the City by the Hilton. money the Hilton would keep is the money coming back to the City is the onth. and, moved to approve the purchase upon roll call the motion passed CRIME PREVENTION PROGRAM 370.16 Director Henry commented about the crime prevention program that was going to be started in the City of Fayetteville. The program would be designed to educate citizens and help them detect crime and learn way to prevent it. 1 1 1 January 5, 1982 371 CURFEW Director Osborne brought before the Board the proposed curfew considerations 371.1 for the City of Fayetteville. He stated that this would probably be aimed at private clubs but might not be limited to this. He reported taht Mr. B. R. Stockton, a Baptist minister, had called him and informed him of the plans to put a full-time mission on Dickson Street. Mr. Stockton informed him of these plans and of his hopes that other churches would cooperate in these efforts. Director Osborne further pointed out that he was requested to bring the issue of a curfew before the Board for future consideration. City Attorney McCord stated that the City of Fayetteville did have the 371.2 authority under existing Arkansas law to impose a mandatory closing hour for private clubs that would require them to prohibit dispensing, serving, or 0 permitting the consumption of alcoholic beverages on the premises after a specified hour. City Manager Grimes stated that he had talked with the Chairman of the 371.3 Police and Fire Committee about the possibility of a curfew, the mission on Dickson Street, and the crime prevention program. He further stated that he would request these items go before the Police and Fire Committee and obtain public input to these ideas. Director Bumpass stated that the Police and Fire Committee does want to 371.4 discuss these issues and will then come before the Board with a recommendation. Director Sharp reported that the input he had received from the merchants 371.5 on Dickson Street was that problems were occurring very late at night and early mornings. However, there were problems occurring in other areas of town. Director Osborne reported that he felt the public and merchants should 371.6 be notified of these pending meetings, so their response could be taken into consideration. It was agreed by the Board that this would be done. SAFEWAY/STREET MODIFICATIONS Director Todd noted that the State Highway Department would have to 371.7 require the street bottleneck problems associated with the Safeway expansion to be corrected rather than the City. Director Todd asked if anyone had asked the State Highway Department to consider requiring the problem to be corrected. Director Todd requested that this be considered. POLITICAL ACTIVITY/PERSONNEL POLICY AMENDMENT City Attorney McCord stated that in August 1981 the City amended the City personnel policy on political activity and failed to repeal a previous ordinance that conflicted with the new policy. He introduced an ordinance that would repeal section 2 of Ordinance No. 2426. City Attorney McCord read the ordinance for the first time. 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. Mayor Noland, seconded by Lancaster, moved that the rules be further suspended and the ordinance be placed on third and final reading. Mayor Noland called for discussion on the ordinance. There being none, upon roll call the motion passed unanimously. ORDINANCE NO. 2787 APPEARS ON PAGE 91 OF ORDINANCE & RESOLUTION BOOK)(// COMPUTER PROBLEMS City Attorney McCord informed the Board that the investigation of the computer problems that the City has incurred is in progress, but it will take some time before a written report is presented to the Board. 371.8 371.9 371.10 371.11 371.12 372 January 5, 1982 LOCKERS/YOUTH CENTER Director Osborne reported that Mr. Clark told him that the locker company had found out about the locker problem and is coming to replace the lockers or correct the problems. MINUTES The following corrections were made Director Osborne requested that line would be around $400,000," be deleted. Director Todd requested tha the word to "no". Director Osborne requested that in paragraph "Because of having funds cut, the staff had been deleted. With the noted corrections, the minutes were in the minutes from the last meeting: 350.16 where it stated, "Maximum fee "for" in line 350.20 be corrected ADJOURNMENT There being no 353.11, the line reading cut by a secretary" be approved as submitted. further business, the meeting adjourned at 10:30 p.m. 1