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HomeMy WebLinkAbout1982-02-16 Minutes0 Q) 'O) Q 407 MINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Board of Directors was 1982, at 7:30 p.m. in the Board of Directors Building, Fayetteville, Arkansas. held on Tuesday, February 16, Room, City Administration PRESENT: Directors Todd, Osborne, Sharp, Noland, Henry, and Lancaster; City Manager Grimes, City Attorney McCord, Assistant City Manager McWethy, and City Clerk Rowe; members of the press and audience. ABSENT: Director Bumpass CALL TO ORDER Mayor Noland called the meeting to order and asked for a moment of respectful silence. FIRE ORDINANCE Mayor Noland introduced the consideration of an ordinance imposing fire 407.1 protection standards for the rental of residential property providing sleeping accommodations for less than 15 people that was tabled from the previous meeting. City Attorney McCord stated that the question he was to address was 407.2 whether- the proposed ordinance was more stringent with regard to the fire extinguisher requirement than the state code, He stated that the state code applied to buildings or occupancies providing sleeping accommodations for 15 or more persons, which would be like an apartment complex, and the requirement is that fire extinguishers shall be located such that a person would not have to travel more than 100 feet from any point to reach the nearest extinguisher, but at least one unit of extinguishing capacity shall be required for each 2,500 square feet of floor area or greater part thereof. The proposed city ordinance would require 1 extinguisher per dwelling unit, so the city ordinance would be more stringent, except the ordinance and the city code apply to different buildings. Mayor Noland aksed if there was anyone that would like to speak for the 407.3 proposed ordinance. He pointed out that the chairman of the committee, Mr. Ron Bumpass, was unable to be at this meeting. There being no one to speak for the ordinance, Mayor Noland then asked for comments against the ordinance. Dr. John Sugg addressed the Board and spoke against the ordinance. He stated 407.4 that the proposed ordinance created several questions that needed to be answered. He asked if a tenant of a large apartment complex was required to buy a fire extinguisher for an apartment or required to have a smoke alarm in his apartment. He asked if any private home owner was required to keep a fire extinguisher or smoke detector in his home. He stated that he felt the answer to these questions was no. He stated that a specific group of people should not be selected and required to have such equipment. He further stated that after inspections, something would have to be changed which would cost money, and in the long run, raise the cost of rent. He stated that he felt if this ordinance was passed as it currently read, then many low-cost apartment dwellings would have to be closed. Mr. Torturelly addressed the Board and stated that he had been a fireman 407.5 in Chicago for 30 years and involved in fire prevention for 20 years. He stated that he liked the idea of smoke detectors or early warning devices, but he would not want any tenant to attempt to use a fire extinguisher to put out a fire because many don't know how to use them properly. February 16, 1982 408 408.1 Francis Langham addressed the Board. She stated that she agreed with Dr. Sugg and was concerned about and requested a clarification of the sections dealing with fire wall separations, storage of materials, and the various areas that could cause problems later. 408.2 Mr. E. Sonneman addressed the Board. He stated that he had no apartments but had a couple of mobile home rentals. He stated that he had put in extra safety devices. He did not know why people were to be penalized by making changes in their apartments and having to add to the cost of living. He stated that this would also add costs and burdens to the Fire Department, the City, and the people. He stated that he did not want the Fire Department coming onto his property to inspect. He stated that there was too much control on people 'now and an ordinance of this type would further limit people's rights. 408.3 Mr. Jerry Sweetser, a member of the ad-hoc fire committee, addressed the Board. He stated that there were still some mayor questions that needed to be answered before any action should be taken on this proposed ordinance. He felt that it should be clarified what apartments would be affected by this ordinance; the "15 units" issue is still unanswered sufficiently. He asked the City Attorney for his opinion on this issue according to state law. 408.4 City Attorney McCord stated that the law would apply to an apartment complex that had more than 15 individual units. He suggested some alterna- tives that the Board could consider. One thing that could be done is request an Attorney General's Opinion regarding which units the proposed ordinance would apply to. Another alternative is for the City Board to pass an ordinance whereby the state fire code would apply to those buildings that it does not now apply to. 408.5 Mr. Sweetser stated that he was proposing to get answers to the questions raised regarding the proposed ordinance or drop the ordinance and proceed with the fire protection ideas in another route. 408.6 Mayor Noland asked how many different units this proposed ordinance would affect in the City. 408.7 Mr. Sweetser stated that he assumed about 50%, which was the percentage he had understood to be correct. This would probably be between 2,000 and 3,000 units. 408.8 Mayor Noland asked what a "fire wall" was. Mr. Poage stated that it was a wall with fire retardent sheet rock on both sides that could contain a fire for an hour. It was discussed that the new apartments meet this requirement, but the older ones probably do not. 408.9 Director Sharp asked if the part discussing "15 persons" could be struck and maintain the rest of the ordinance. City Attorney McCord stated that this could be done. The main limitation is that the City cannot lessen the state standards. 408.10 Mr. Sweetser stated that he was opposed to having two sets of regulations. He wanted whatever code is adopted to be consistently required and further suggested requiring it in all dwelling units --not just rental property. 408.11 Director Lancaster asked if this ordinance would apply to the University of Arkansas' apartment complexes. Mr. McCord stated that as he understood the law, a municipal corporation cannot purport to regulate a higher governmental entity, but there is one Arkansas case that does not absolutely prohibit this. The state fire code applies to dormitories. 408.12 Mr. Sweetser suggested making smoke detectors mandatory and posting the fire inspection phone numbers in apartments and allowing for voluntary inspections. 408.13 City Attorney McCord stated that if the ad-hoc fire committee had been working under a misconception about the application of the ordinance, then the committee should review the proposed ordinance. 1 February 16, 1982 • 409 Mr. Fred Hannah, an ad-hoc fire committee member, stated that he had not 409.1 heard anyone speak for the ordinance other than the members of the committee and/or the City. He stated'that he was opposed to the ordinance and felt that the people did not want this. Director Todd asked if Mr. Larry Poage, Fire Inspector, had a different 409.2 view regarding fire extinguishers than did Mr. Torturella. Mr. Poage stated that he felt a fire extinguisher was better than nothing at all. Fires start small, and while still small they can be fought by a person with an extinguisher. He stated that the Fire Department was not recommending for people to fight a room -sized fire with a fire extinguisher. Director Osborne stated that some people might not know this and would 409.3 attempt to fight too large a fire with a fire extinguisher and get injured. He stated that this was one of the things that had been concerning some of O the people that had been calling him. CD Mr. Poage stated that part of the fire program would be an educational 409.4 process in the use of fire extinguishers. Director Osborne suggested using the educational programs on a voluntary 409.5 prevention program. Director Todd stated that he understood the purpose of the fire 409.6 extinguishers was to save property. Mr. Poage confirmed this and stated that since the inception of the fire 409.7 prevention program some five years ago, several commercial businesses did not have fire extinguishers. It was a requirement of state law and city ordinances for them to have one. A number of extinguishers have now been installed in businesses, and this has helped decrease property loss from small fires. The fewer dollars lost in fires will help decrease insurance rates for everyone. Dr. Anthony DePalma addressed the Board regarding the educational aspects 409.8 of fire prevention and fighting fires. He stated that "smoke detectors" were hard to define and should really be called early warning devices. He stated that if "smoke detectors" were to be required, then the type required should be standardized and decided upon. Dr. DePalma stated that there were two handicap groups normally not referred to when thinking about fire prevention: (1) people that don't know how to fight fires and (2) those people that are fearful of fires. He stated that at the last meeting he had stated that the 22 pound fire extinguishers were a false sense of security; to be effective the extinguishers need to be at least a 6 pound size. He stated that all portable fire extinguishers were hazardous. When they get hot from a fire, they explode because they are pressurized containers. Dr. DePalma stated that the Fire Department was on the right tract regarding educational aspects of fire prevention. He stated that he felt the whole community needed to be educated. He stated that nationally one child under six years of age is burned every 4 to 6 minutes. Medical costs are billions of dollars per year, and property damage runs almost a billion dollars per month. Mayor Noland asked what the Board wanted to do with the ordinance at this 409.9 point. Director Sharp stated that he felt Fayetteville does have a serious 409.10 problem and needs some type of fire protection ordinance. He stated that he would be willing to table the issue and refer it back to the ad-hoc fire committee for further consideration and clarification. Director Sharp, seconded by Henry, moved to table and refer back to the ad-hoc fire committee. Director Osborne asked that the motion include requesting the Attorney 409.11 General's opinion. He suggested the aspect of notice be considered and decide where to place this notice --in apartments or perhaps for the City to publish monthly in the "for rent" section of the newspaper an ad informing tenants of their fire protection inspection possibilities. 410.110 February 16, 1982 City Attorney McCord stated that he requested that the committee meet before the Attorney General's opinion is rendered because the committee might come up with a compromise that would make the opinion not necessary. 410.2 Mr. Tom Lavendar addressed the Board and stated that at Hillcrest Towers sometimes the fire alarm system goes off when no fire is present, and tenants don't pay them any attention. He further quoted the Bill of Rights, Article 2, Section 17. He stated that this ordinance could not legally be adopted as long as there was a contract between a tenant and a landlord. 410.3 City Attorney McCord stated that Mr. Lavendar was in error and that this ordinance could be passed legally within the bounds of the Bill of Rights. 410.4 Director Lancaster stated his request that the committee draft an ordinance that will he applied uniformly. 410.5 Upon roll call, the motion to refer back to the committee and obtain an Attorney General's opinion passed 6 to 0. 410.6 Mayor Noland stated that the meetings would be publicized. 410.7 Mr. Sweetser asked if permission could be granted to allow the ordinance to extend to university housing. He stated that the laws should be applied uniformly. 410.8 City Attorney McCord stated that it would take an act of the Arkansas Supreme Court to allow the ordinance to extend to university housing. 410.9 Director Henry suggested requesting someone from the university to attend and serve the ad-hoc fire committee meetings and discuss what the University would voluntarily agree to comply with. NATIONAL NUTRITION MONTH/MARCH 410.10 Mayor Noland stated that March had been proclaimed National Nutrition Month. FORMER MAYOR RECOGNIZED 410.11 Mayor Noland recognized former Mayor Russell Purdy who was in the audience. PUBLIC TRANSIT/COMMUNITY RESOURCE GROUP, INC. 410.12 Mayor Noland introduced a presentation by Community Resource Group, Inc., regarding the termination of Ozark Transit bus service in Fayetteville. (Basic background information may be found on pages "8" and "C" of the attached agenda.) 410.13 Mr. John Squires addressed the Board. He stated that he had been working with public transit in Fayetteville for the past year and a half. He requested two more weeks to look at another alternative that came up since his initial request to the Board. He and the City had been contacted by the Arkansas Highway and Transportation Department. They expressed an interest in checking into the matter of continued public transit at a cost the City cnuld afford. Because of this new possibility, Mr. Squires requested that this item be tabled in order to allow Ozark Transit and the City of Fayetteville to study this. More information is needed on whether or not the Highway Department has funds for this type of service. If this funding does exist, then Ozark Transit would like to try and find a way to maintain service continuity as long as possible in order to allow time for alternate financing. There are also some remaining questions regarding Section 5 funding that need to be answered. If there are any problems associated with the application, then these need to be resolved before any application is submitted. The status of the on-going funding also needs to be determined. 410.14 Mayor Noland asked if two weeks would be enough time to determine the feasibility of the alternative financing. Mr. Squires stated that two weeks would be enough time to find out what the Highway Department has available, 1 1 February 16, 1982 411 a timetable could be made for the study, and it would give Ozark Transit 411.1 enough time to determine if they can work with the Highway Department. Mayor Noland, seconded by Henry, moved to table the transit decision 411.2 for two weeks. Director Osborne stated that the motion be tabled until June 30 or 411.3 until Public Transit requests to come back to the Board. Mr. Dale Christy, Chairman of the Public Transit Committee, stated that 411.4 the public transit item was not intended as a recommendation from the Public Transit Committee. He stated that Ozark Transit and the committee had met, and the committee felt at that time they had sufficient information to make a recommendation of continuity of service beyond June 30. He stated that he was not sere the two week extension would help that much to allow determination of whether or not to recommend service beyond June 30. In two weeks time, the p committee should know whether a study would be ,justified. Mayor Noland, seconded by Henry, amended the motion to grant a two weeks 411.5 CD extension or until the Ozark Transit Committee makes a recommendation to the Board. Mrs. Wanda Stephens, representing the League of Women Voters, stated her concern about the inadequacy of the two week time period and about the people designated to make the studies. She stated that the transit company has had a Q contract to do something of this sort for the past few months, and to her knowledge, nothing has been done. She suggested assigning the responsibility of the study to a third or disinterested group. Mr. John Squires addressed Mrs. Stephens' remarks. He stated that the 411.6 Arkansas Highway Department had indicated that funds were available for an independent contractor to do a study in various transit options. He stated that there had not been a contract of this nature with the Transit Board or Ozark Transit. Mrs. Stephens stated that she was referring to the present contract where 411.7 it deals with the transition from section 18 to 5 funding beginning August 11, 1981. She stated that she had seen very little progress in this regard. Upon roll call the motion to table passed unanimously. CD HEARING/1982 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Mayor Noland introduced the public hearing on items to be included in the 411.8 1982 Community Development Block Grant Program. He stated that Mr. Risk Mason, Director of the Community Development Program, was present and would present this program to the Board. (The lists of potential projects is attached as well as page "C" of the Agenda for further information on this item.) Mr. Mason presented the list to the Board and stated that he felt there 411.9 were members of the audience that would like to speak on behalf of some of the potential projects. Mayor Noland declared a public hearing open for discussion on the 411.10 proposals. HISTORIC PRESERVATION. Mr. Tom Lavender addressed the Board and spoke on 411.11 behalf of the historic preservation of the Confederate Cemetery. He stated that the stone wall is in bad need of repair. He estimated the cost between $5,000 and $10,000. -Because of the historic value of this facility and the value of it to the City, he felt it deserves to be repaired. DICKSON STREET. Mr. Bill Underwood addressed the Board and spoke on behalf 411.12 of filling in the old Ruble site on the corner of West and Dickson. He stated that if the lot was filled in, then it would have potential as a commercial location and would not be such an unsightly point. Mr. Butch Coger, a property owner on Dickson Street, addressed the Board 411.13 with his support on filling in the hold on Dickson Street. He stated that in addition to being unsightly, it was also a health hazard. Someone could stumble February 16, 1982 412 into it in the dark, storm sewers run through it which are open and breed mosquitoes which carry typhoid, typhus, etc., in the summer. Also, it has a very unpleasant odor in the summer. He stated that since the development on the square and the new CEC building, the use of Dickson Street was increasing and the site should be cleaned up. 412.1 Mr. Curtis Shipley expressed his appreciation to the Board for the improvements that have been made on Dickson Street. He stated that if this property was cleaned up and filled in, then there were many things that could be done with it to make it beneficial to the City. 412.2 WEATHERIZATION. Mr. Bruce Davis, representing the Housing Programs for EOA, addressed the Board requesting funds for weatherization programs. The funding that the City might provide would be matched through Title 20 by the federal government. This program must receive 25% funding from local agencies to be eligible for federal funding. 412.3 Director Todd asked if every dollar the City spends would be supplemented by three additional dollars from other sources. Mr. Davis confirmed this. He stated that the additional funds were from federal sources for their labor contracts of installing materials on houses. Additional money is available for the materials. 412.4 Mr. Rick Mason confirmed that he does get a list of the projects from the Fayetteville area. 412.5 SHELTER. Marth Hipp addressed the Board and spoke on behalf of the project for the Victims of Family Violence. She requested funds to replace the floor covering in the house --both the carpeting and the kitchen tiles. She further stated that they needed a lawnmower for use on the three acre lot surrounding the house. 412.6 An audience member addressed the Board and spoke on behalf of the floor covering request. She stated that the new linoleum would make the house easier to keep clean. 412.7 Director Todd asked if the floor covering project would be ineligible for this type funding. 412.8 Mr. Mason stated that the floor covering is maintenance which would be an ineligible funding item. The purchase of equipment --the lawnmower --is also ineligible for this type funding. He stated that a waiver could be requested. Mr. Mason presented to the Board a breakdown of the people being served by this facility. The facility has been in the new building for a little more than 17 months. During this period of time, 124 families with 190 children have been served. He stated that he was in no way against the shelter because they do serve a great need. Of the 124 families, 23 or 18.5% were from Fayetteville; 28 or 25.5% were from Springdale; 11 or 8.8% were from other cities in Washington County; 29 or 23.4% were from Benton County; 21 or 16.9% were from other counties in Arkansas; and 12 or 9.7% were from out of state. Mr. Mason stated that he felt the issue was that City of Fayetteville Community Development Funds are being spent on many non - Fayetteville residents. He asked if perhaps the shelter should seek funding from the areas that are benefiting from its programs. 412.9 Ms. Hipp stated that the shelter does get money from the Springdale United Fund ($5,000 this year), from Bella Vista or Benton County United Fund, and Washington County Quorum Court, so additional funding is coming in from sources other than just the City of Fayetteville. She reported that the shelter serves about three times as many people that live in the shelter through the telephone answering service. 412.10 Director Osborne asked if the shelter received any funding from the City of Springdale or the Fayetteville United Fund. Ms. Hipp reported that they receive $10,000 from the Fayetteville United Fund but none from the City of Springdale. 1 3 February 16, 1982 413 HEAD START. Director Osborne reported that the Finance Committee received 413.1 a request from EOA Head Start for operating funds. He stated that he thought the Board had decided that they did not want to get into operations funding if there was another alternative. The alternative available in this case would be to use CD funds to acquire a building. Mr. Dick Boyle addressed the Board in this regard. He stated that Head 413.2 Start provides child development to low income and handicapped children, including day care education, nutrition, health, dental, social, and special education services with the intent of overcoming deprivation produced by poverty. The average annual income of Fayetteville residents served by Head Start was $5,157. Ninety-six percent of the parents worked, and 55% were single parent females. He stated that there are approximately 750 eligible children within the City of Fayetteville. There had been two facilities in Fayetteville until 1979: (1) Willow Heights and (2) VA Medical Center. In 1979 the VA Medical Center needed their space and Head Start had to relocate. Head Start relocated at Greenland where 63% of the clients served are from Fayetteville. Because the most needy clients that apply are the ones served first, they some- times do not have a means of transportation, so Head Start provides transporta- tion to and from Greenland at a cost of about $5,000 to $6,000 annually. He stated that it was the intent of Congress for cities which utilize head start to provide the facility with utilities. He stated that this Head Start is expending about $6,000 on rent and utilities on the Greenland center. Head Start has incurred serious funding cuts, and the Greenland center would be the first that would have to be eliminated. He stated that he had requested $125,000 for the purposes of constructing a head start center to serve the south side of Fayetteville. He stated that this was based on a building cost of $40 per square foot which was expensive because of safety requirements. There would also be a cost for installing playground equipment and constructing playgrounds and installing fixed equipment within the building. He stated that he was optimistic that the work could be done for less than the $125,000. There is no cost estimate for a construction site because he believes that there is a possibility of two locations being made available for this purpose: (1) contiguous to the Victims of Domestic Violence and (2) Housing Authority maybe willing to deed to the City of Fayetteville two acres of land at South Wood Avenue and 13th Street. He stated that there had been some questions about the eligibility in terms of service a neighborhood. The Willow Heights center serves 29 out of the possible 750 children. Neighborhood zone or target area criteria could be utilized in the selection process of the eligible children. The proposed new facility would serve between 30 and 45 Fayetteville clients and employ 7 adults with an annual operating budget of $84,500. Mayor Noland asked what age children are served. Mr. Boyle replied that 413.3 the children eligible are from ages 3 through 5. Director Sharp asked if the Greenland facility would be closed. Mr. Boyle 413.4 stated that he would attempt to keep the facility open. Director Osborne stated that he would be speaking on behalf of the benefit 413.5 of the Parks and Recreation Department which benefits largely the middle class of Fayetteville, so he feels he should speak on behalf of head start which benefits the lesser affluent families. He stated that he felt the lesser affluent kids deserve this opportunity. He likes the theory of investing the CD money in a building rather than operations.because a building would be left to represent the expenditure if the head start program should ever end. Director Henry asked if the facility could not be located somewhere unless 413.6 it basically served "a neighborhood", that is, it can't be located just anywhere in town. February 16, 1982 414 414.1 Mr. Mason confirmed this. He stated that according to HUD, the facility could be eligible as a single purpose neighborhood facility. It has to serve a designated neighborhood,and a particular area is in the process of being determined. 414.2 Director Todd asked if the property on Dickson was restored, would the City have the option of using the property for a public purpose or selling it for private use. 414.3 Director Osborne suggested some type of park facility. 414.4 Director Lancaster asked the City Attorney if there was some way of acquiring the land from a legal standpoint if it could not be done financially. 414.5 City Attorney McCord stated that when the building burned and was not cleaned up, the City passed an ordinance requiring the lot to be cleaned up. The City had a lien and filed suit to foreclose, and the City received reimbursement for the expenses of cleaning up the property. The City does have the right to condemn the property and acquire title to it. 414.6 PARKS AND RECREATION. Mr. David Lashley, from the Parks and Recreation Department, addressed the Board. In an interest to continue development of the parks already in progress, two items are needed from this budget. For Walker Park $100,000 is needed,and $50,000 is needed for the development of Washington Mountain Park. 414.7 Mr. Bill Waite, Chairman of the Committee of Facilities and Park Development, presented the Board with a handout of the proposed expenses and used blueprints to show the proposed development at Walker Park. He outlined the proposed softball and soccer fields. Two of each is planned for the long run, but presently the parks facility is planning to construct one of each. Additional support for these activities is usually derived from the school facilities, but there is none in this particular area. He stated that because the land had such a slope to it, that in order to construct the present facilities and plan for the future ones, all of the ground work needed to be done at the initial development stage. Mr. Waite stated that they could not really justify requesting for the whole area to be leveled just to install two facilities. 414.8 Mayor Noland stated that he would like to know what was being proposed to be done with the $100,000 request. 414.9 Mr. Waite said that this would not completely establish the two fields. He would like to establish the two fields, some picnic area, and some parking area. He stated that an additional $75,000 is being requested through the request for a reallocation of funds which will enable the two fields to be completed as well as the picnic and parking areas. Mr. Waite confirmed that the total money being requested was $175,000 for a two-year period. 414.10 Mr. Mason discussed the eligibility requirements for this project. He stated that the park would fall under community usage because of the fields being used by leagues which are city-wide. To be eligible, the facility must be for neighborhood use rather than city-wide use, and he feels this usage could result in making the facility ineligible for the CD funds. 414.11 Mayor Noland stated that putting lights on the field would put the project outside of neighborhood usage and into city usage which would remove it from being eligible. 414.12 Director Osborne stated that he did not feel that this was necessarily true. He asked about how many hours the fields would be used for league action. He stated that if only 16.8 hours per week was for league play, then this would be 10% use for city-wide activities, which would keep the project eligible for CD funds. 414.13 Director Todd stated that lighting may have to be postponed and done at a later date with different funds. 1 February 16, 1982 415 Mr. Waite discussed the Washington Mountain project. He stated that this 415.1 was in the early stages of development at this time. An ad-hoc committee is in the process of being formed to select the specific land for this project. He stated that the requested funding would be barely enough to acquire the land. If it does not have to go toward land acquisition, then the money would be used for fence building, trail building, etc., from the base of the mountain to the top. Director Todd asked for a general overview of the purposes and uses of the 415.2 Washington Mountain facility. Director Sharp stated that the area around Washington Mountain is a 415.3 developing area. This park would be a unique park because at the base of the mountain will be the traditional type park. It will also have a unique bluff and mountain top pinnacle. He stated that he would like to see a wide area without much development for people to use in climbing the mountain. Director Lancaster asked if there was a target date for completing the 415.4 work on Walker Park. Mr. Mason stated that the contractor was about two months past the deadline now. He stated that there was a penalty for this in the contract, and the weather had been the major problem causing the delay. Mr. Waite stated that he thought consideration should be given to the idea 415.5 of whether or not the proposed land for Washington Park would be eligible for the CD funds because if it was determined to be ineligible after the land was purchased, then there may not be sufficient funds to develop the park facilities. Director Sharp, a member of the Washington Mountain Park Ad -Hod Committee, 415.6 stated that there was intensive development in the area, and the development is increasing. He stated that he felt acquisition of the land was essential at this time. Also, the City has a green space ordinance to fund park development. Director Henry suggested a tree ordinance dealing with tree replacement 415.7 or subsidizing tree purchases. Director Sharp stated that the Planning Commission was working on something along this line currently. Mr. Waite stated that if they cleared Walker Park, there were trees there 415.8 that could be transplanted. OTHER ITEMS. Director Henry stated that funding should be considered 415.9 for the solid waste facility. City Manager Grimes stated that the street drainage project on Willow 415.10 right-of-way needed to be amended to include 12th to 15th Streets rather than 7th to 15th Streets. He stated the estimated cost of this project is $40,000. Director Lancaster asked if the housing project had made any provisions 415.11 for the water problems. Mr. Grimes stated that they had not beyond their project property boundaries. Director Todd asked if the hazards of an open ditch had been considered. 415.12 Mr. Grimes stated that the ditch was actually a 3 to 1 slope with.Iliner in the bottom portion. There was some general discussion on the procedures to be taken in 415.13 deciding which projects to include in the CD budget. Mr. Mason stated that this was the first of three Board meetings where they would be discussed. Ultimately, the list decided upon has to be published in the newspaper, and a subsequent public hearing on the proposed list had to be held. The final list is then sent to HUD. Mayor Noland asked if the directors wanted to have a special meeting to 415.14 consider the items. Director Todd stated that a cost estimate on each item would be beneficial in making a decision. Mayor Noland declared the public hearing closed. Director Osborne suggested completely eliminating the possibly eligible 415J15 list except for the installation of new floor covering at the Shelter for Victims of Domestic Violence and eliminate the additional requests not definitive February 16, 1982 41.6 enough to determine eligibility. Since no one had appeared on behalf of the questionable items, the Board agreed to this suggestion. 416.1 It was decided for Mr. Mason to put a cost estimate with each item and for this to be distributed to each director. The directors would then consider each of the items independently and then make a more firm decision as a group at the next board meeting. 416.2 Director Todd stated that he felt the item dealing with installing a street sign on Trenton and Park Streets should be eliminated. It was decided to remove this item from the list and for the Traffic Department to be contacted if a sign is needed at this location. 416.3 Director Osborne stated that he would like to make sure that the Confederate Cemetery preservation request be considered. 416.4 There was some general discussion about the eligibility of the demolition of a decaying building at Vandeventer and Cleburn. Mr. Mason stated that this was considered "slum and blight" and did not have to be in any particular neighborhood to be eligible. Director Osborne stated that there was an existing ordinance requiring an owner to clean up property if it was considered "slum and blight," and he felt this might be a better utilization of funds. 416.5 Mr. Mason stated that he would make sure the cost estimates were current. 416.6 It was decided that after the Board gets the cost estimates, then a tour of the locations would be appropriate 416.7 Director Lancaster expressed his concern about replacing the lawnmowers for the Parks Department. REZONING/WEST OF N. COLLEGE AND SOUTH OF THE N.W. ARKANSAS MALL 416.8 Mayor Noland introduced an ordinance rezoning property as requested in rezoning petition R82-2 for property located west of North College Avenue, south of the Northwest Arkansas Mall, and north of Fulbright Expressway. (Planning Commission action is discussed on page "D" of the attached Agenda ) 416.9 City Attorney McCord stated that this rezoning appeal was recommended by the Planning Commission. City Attorney McCord read the ordinance for the first time. Director Lancaster, seconded by Todd, moved that the rules be suspended and the ordinance be placed on second reading. Upon roll call the motion passed 5 to 0, with Director Osborne absent at roll call. City Attorney McCord read the ordinance for the second time. 416.10 Director Lancaster, 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 5 to 0, with Director Osborne absent at roll call. 416.11 City Attorney McCord read the ordinance for the third time. Mayor Noland asked if anyone would like to address the Board regarding this item. 416.12 There being no discussion, upon roll call the ordinance passed by a vote of 5 to 0, with Director Osborne absent at roll call. ORDINANCE NO. 2793 APPEARS ON PAGE /1/ OF ORDINANCE & RESOLUTION BOOK Y1) CONTRACT AMENDMENT/12th STREET AND VAN BUREN AVENUE ENGINEERING SERVICES 416.13 Mayor Noland introduced the approval of an amendment to a contract for engineering services, to reflect changes in the designing of the 12th Street/ Van Buren Avenue street improvement project. 416.14 Director Todd, seconded by Henry, moved to accept the amendment. 416.15 There being no further discussion, upon roll call the motion passed unanimously. RESOLUTION NO. 27-82 APPEARS ON PAGE )'fK OF ORDINANCE & RESOLUTION BOOK XIV 1 • 1 f • February 16, 1982 417 FUNDS TRANSFER/FROM CONTINGENCIES TO WASHINGTON MT. PARK AND FROM STREETS TO PARKS Mayor Noland introduced a resolution transferring $55,700 from 417.1 "Contingencies" to "Washington Mountain Park Acquisition" and $75,000 from "Streets" to 'Parks and Recreation" in the 1981 CD Budget. Mayor Noland asked Mr. Mason if these funds were in addition to the 1982 budget requests. Mr. Mason stated that this was in addition to the 1982 budget. The 1982 417.2 request was made with this transfer request hopefully being granted. Director Todd stated that the Washington Mountain Park funds were for land 417.3 acquisition. The $75,000 would be added to the $100,000 requested in the CD budget for next year for the Walker Park facilities. Director Osborne, seconded by Sharp, moved to approve the fund transfer. 417.4 Upon roll call the motion passed unanimously. RESOLUTION NO. 28-82 APPEARS ON PAGE /50 OF ORDINANCE & RESOLUTION BOOK XIV STREET WIDTH VARIANCES/7th, 9th, AND 13th STREETS Mayor Noland introduced a request by the Community Development and Housing 417.5 Department for variances from the required street widths for improvements to 7th, 9th, 12th, and 13th Streets, Mayor Noland stated that this would be eliminating the necessity for purchasing right-of-way lands at these sites. Director Lancaster asked if the City had built any streets that were just 417.6 twenty-two feet wide. Mr Mason stated that the City had not that included curb and gutter. A street had been built that was 18 feet wide without curb and gutter. City Manager Grimes stated that he had reviewed these variance requests 417.7 and agreed with them. He stated that if parking problems did occur, then parking might have to be prohibited. Mr. Mason stated that Clayton Powell and the engineers had been present 417.8 at the meeting discussing the widths, and all had agreed on the widths and radii. Mr. Randall Wright, who lives on the corner of 9th and South Washington, 417.9 addressed the Board. He stated that if the variances were not approved, then the sidewalk would have to be built right off his front porch. He requested for the variances to be granted. Director Osborne, seconded by Noland, moved to grant the request for 417.10 width variances. It was confirmed that the sidewalks would be constructed on the north 417.11 side of the street. There being no further discussion, the waiver variances passed 5 to 0, 417.12 ' with Director Henry absent at roll call. Mayor Noland then called for discussion on the culs-de-sac being requested. 417.13 City Manager Grimes stated that he did not feel they were justified. He stated that the costs were not really justified. Director Osborne, seconded by Noland, moved that the requirements for the 417.14 culs-de-sac be denied. Director Osborne stated that the culs-de-sac were almost impossible for a fire truck to get out of once it gets in. The motion to deny the Street Superintendent's request for culs-de-sac 417.15 was approved by a vote of 6 to 0. Mayor Noland asked for discussion on the turn radii waivers requested. 417.16 Director Sharp, seconded by Osborne, moved to approve the request for 417.17 ' the turn radii variances. Upon roll call the motion passed unanimously. February 16, 1982 418 SEWER APPEAL/ R & P ELECTROPLATING 418.1 Mayor Noland introduced an appeal of a decision by the Water and Sewer Committee regarding a request by R & P Electroplating for an extension to the deadline for complying with the city's sewer use ordinance which had been tabled the previous meeting. 418.2 Mr. Don Elliott, representing R & P Electroplating, addressed the Board and stated that he would like to withdraw their request. He stated that in June of 1981, R & P had requested and was granted from the Board authority to issue Act 247 Polluction Control Revenue Bonds. The tax free nature of the pollution control bonds was eliminated on January 21, 1982. He stated that R & P was requesting a memorandum of intent to allow them to acquire Act 9 bonds for their plant expansion to allow the plant to be in operation by October of 1982. He stated that R & P was making a good faith effort to have the plant in operation by October of 1982. 418.3 Director Osborne, seconded by Henry, moved to approve the request for a memorandum of intent to allow Act 9 bonds. 418.4 Mayor Noland asked Mr. Elliott what the status was on the monitoring equipment. Mr. Elliott stated that $5,000 has been spent on acquiring all of the monitoring equipment required. A variance from the Board of Adjustments is required for installing the equipment. 418.5 Mayor Noland stated that he understood Act 9 bonds were basically to bring in new industry. This particular request is to protect jobs that are already here because if financing is not available for this plant, it would have to close down. 418.6 Mr. Elliott stated that this was correct. R & P Electroplating currently employs 28 people and because of this, this would make the company eligible for Act 9 bonds. 418.7 Director Todd asked if the Board had been provided with financial statements. City Attorney McCord stated that he did not think so, but the Board had authorized the memo of intent of the bonds contingent upon the fact that the bonds be guaranteed by the SBA. In this case the Act 9 bonds will be guaranteed by the State Department of Industrial Development. 418.8 Director Todd stated that he did not believe usual Act 9 bonds were guaranteed by the state, and City Attorney McCord said this was true, but this type of funding was common. Director Todd stated that he wanted to make sure that the Board did not tentatively approve the bonding request, and then after looking at the financial statements of the company, decide the funding would not be possible. 418.9 Mr. Elliott stated that in order to get the interest rate they could afford, the bonds would have to be guaranteed by the state. 418.10 Director Todd stated that he wanted to make sure the Act 9 bonds were to be insured by the state or financial statements were furnished in advance for the Board's consideration. 418.11 Upon roll call the motion to grant a memorandum of intent passed unanimously. RESOLUTION N0. 29-82 APPEARS ON PAGE /5% OF ORDINANCE & RESOLUTION BOOK XIV SOCIAL SECURITY/NOTICE OF CITY'S INTENT TO DROP OUT OF THE PROGRAM 418.12 Mayor Noland introduced a resolution notifying the Social Security Administration of the city's intent to drop out of the Social Security program. 418.13 City Manager Don Grimes stated that he had been requested to discuss at the department head's meeting the possibility of opting out of the Social Security program. He stated that it had been discussed at a couple of 1 1 419 department head meetings, and that they had met with members of the local Social Security office, The notice would merely start the clock running on the time lapse required before actually opting out. The time is computed as two full years following the year in which the notice of intent is given. He stated that all of the options available would be studied, The department heads voted by a vote of 13 to 2 to give the initial notice to the Social Security Department. Director Osborne moved the resolution to give notice. Director Sharp asked if Dr. Hall had met with the department heads. City Manager Grimes stated that Dr. Hall had not met with the group yet, but he would when alternatives were looked into. Director Sharp pointed out that Social Security has changed in so many ways since its inception. He stated that in the future Social Security could be subsidized through the general revenue. Mr. Grimesstated that this had been discussed in the meetings. Director Todd asked what would be the disadvantage of waiting until December to give notice to opt out. He also asked if it would be mandatory for the employees to participate in some type of program. Mr. Grimes stated that there was no disadvantage of waiting until December. He stated that he had informed the department heads that he felt the Board would require that a minimum benefit type retirement plan be mandatory Director Henry stated the importance of making sure a private company was reputable. Director Osborne stated that he was not advocating opting out of Social Security. He was advocating that the City locate the best possible retirement program. He stated that he was surprised about the time period required for opting out. City Manager Grimes stated of losing the right to opt out. This is why the request to give notice was being asked for now. Director Lancaster asked if the people that had been paying into the Security program would get anything back. Oity Manager Grimes stated that if a person had paid into the system for 40 quarters, then they would get some of their money back. Director Osborne stated that he thought the time was 20 quarters. There was a discrepancy about the number of quarters required. Director Sharp stated that he would like to talk with Dr. Hall before the Board takes the step to give notice of opting out. Director Osborne stated that he saw no reason not to give this initial notice now because the time lag would allow for ample study. Director Henry stated that she felt that discussions with Dr. Hall should be held about the feasibility of private plans before this notice is given. Director Todd made a motion that the city staff continue their study and engage the help of any experts in this area, and then report back to the Board when they feel they have more information that would be beneficial. Director Sharp seconded this motion. There being no further discussion, upon roll call the motion passed unanimously. 419.1 419.2 419.3 419.4 419.5 419.6 419.7 419.8 419.9 419.10 that another consideration was the possibility 419.11 Social 419.12 419.13 419.14 419.15 419.16 419.17 419.18 419.19 419.20 BID AWARDS Mayor Noland introduced the proposed bid awards for Board action. 419,21 Access Road -Pollution Control Plant. An award of a bid for the construction 419.22 of an access roadway at the Pollution Control Plant was introduced by Mayor Noland. He stated that this would be an access to get sewage sludge to a new February 16, 1982 420 burial site. Mayor Noland made a motion to award the bid to the lowest bidder. 420.1 Director Todd asked what was the objective of this construction. Mayor Noland stated that this roadway would allow access to the new burial area north of the Pollution Control Plant. 420.2 Mr.Don Bunn stated that this area should give the City room enough to bury sludge and possibly obtain a permit to apply sludge to the ground, This is actually an interim measure designed to last another 5 to 6 years until another landfill or type of disposal can be obtained. 420.3 Mayor Noland asked if the new area was completely out of the flood plain. 420.4 Mr. Bunn stated that it was right at the 100 year flood plain which was higher than the previous burial sites. 420.5 Director Todd asked if this new area would correct the allegations that the sludge is being washed into drinking water, It was confirmed that this is not taking place by Don Bunn. 420.6 Mr. Bunn did say that rainwater runoff did go into the river, but nothing harmful had been discovered in the past studies that the City has had conducted regarding runoff. 420.7 Director Todd asked if 5 or 6 years down the road, the final decision is to keep the waste plant at its present location, then what affect would this decision have on that plan, 420.8 Mr. Bunn stated that there would have to he another system for disposal of sludge. There is no way to continue to bury sludge from now on at the present site. 420.9 Director Osborne stated that something from the sludge drainage area, since it is in the White River water shed, had to be reaching the White River 420.10 Mr, Don Bunn stated that the studies Mr. Grimes was referring to was to determine if heavy metals were reaching the river, and they were not. 420.11 Mayor Noland pointed out that with the new sewer treatment ordinance, one of the goals is to get the sludge to a point that it is low enough in heavy metal content to allow it to be applied to land. 420.12 Director Henry seconded the motion to award the bid to the lowest bidder. 420.13 call the motion passed unanimously, 2482 APPEARS ON PAGE Roc OF ORDINANCE & RESOLUTION BOOK XIV 420.14 Upon roll RESOLUTION NO. Gas Pumps at City Shop. Mayor Noland introduced the award of a bid for the installation of two gas pumps at the City Shop, and an ordinance waiving competitive bidding requirements. 420.15 City Attorney McCord read the ordinance for the first time. Mayor Noland. 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. 420.16 Director Henry, seconded by Osborne, 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. 420.17 There being no further discussion, upon roll call the ordinance passed unanimously. ORDINANCE NO. 2794 APPEARS ON PAGE /Q OF ORDINANCE & RESOLUTION BOOK XII 420.18 Bid #480 -Corrugated Metal Pipe, Mayor Noland introduced an award of a bid for corrugated metal pipe 1 1 r- • i February 16 1982 421 City Manager Grimes stated that this would take care of the water problem on Buchanan Street on the west side of the street. Director Todd seconded by Noland, moved that the bid be awarded. Upon roll call the motion passed 5 to 0, with Director Sharp abstaining. Bid #481 -Gasoline Storage Tank. Mayor Noland introduced an award of a bid for one 10,000 gallon gasoline storage tank for the Police Department. Mayor Noland, seconded by Osborne, moved to award to the lowest bidder. Director Sharp stated that if this was purchased at Hooten's, then 4% sales tax would be paid, and the City would get some money back through the sales tax fund. Director Sharp suggested buying the tank locally. Director Sharp moved that the bid be awarded to Hooten in Springdale. Director Osborne seconded this Mayor Noland withdrew his original motion, Director Lancaster asked Purchasing Officer Mackey if he wrote the specifications on this tank, Mr. Mackey confirmed that he did, that the tank was treated, and that the opening sizes were specified. Director Sharp asked if the Board had the authority to award the bid in this manner, City Attorney McCord stated that the Board had the authority to award any contract that was in the best interest of the City, Upon roll call the motion was tied, with Directors Osborne, Sharp, and Henry voting for the motion, and Directors Todd, Noland and Lancaster voting against the motion. Mayor Noland, seconded by Todd, moved that the bid be awarded to the low bidder. Upon roll call the motion was tied, with Directors Todd, Noland, and Lancaster voting for the motion, and Directors Osborne, Sharp, and Henry voting against the motion, The motion was tabled until the next meeting. 421.1 421.2 421.3 421.4 421.5 421.6 421.7 421.8 421.9 421.10 421.11 421.12 421.13 421.14 SWIMMING POOL COMMITTEE Mayor Noland asked for a volunteer from the Board to serve on the Swimming 421.15 Pool Comnitteeiwith Beverly Melton and David McWethy. Mayor Noland appointed Director Bumpass. (NOTE: At Director Osborne's request, Mayor Noland later substituted Director Osborne for Director Bumpass, as Director Bumpass had not been present at the meeting.) PUBLIC SAFETY OFFICER City Manager Don Grimes stated that at the last meeting, the Board had 421.16 requested from him a study containing quite a lot of information regarding the feasibility of the public safety officer concept. He stated that he was presently working on this, but requested more time in order to allow him to visit a couple of cities utilizing this concept. Director Todd stated that his concern was that this not hold up the 421.16 budget approval. Director Henry, seconded by Noland, moved to allow two weeks additional 421.16 time. Upon roll call the motion passed unanimously, BAKER PROPERTY ACQUISITION City Manager Grimes stated that the City was working on acquiring the Baker property for acquiring right-of-way property on Razorback Road. He stated that another $11,000 would need to be approved from the right-of-way acquisition funds. 421.17 422 422.1 422.2 February 16, 1982 Director Henry, seconded by Noland, moved to authorize this funding. Upon roll call the motion passed unanimously, CITY HOSPITAL IMPROVEMENTS 422.3 City Attorney McCord stated that regarding the city's lease with Mcllroy Bank to finance the hospital improvements, one resolution authorized a sublease, and this was not used, rather an assignment was used. Therefore, a resolution is needed to repeal the article inthe first resolution dealing with a sublease. 422.4 Director Henry, seconded by Noland, moved this resolution. 422.5 Upon roll call the motion passed unanimously. RESOLUTION N0. 30-82 APPEARS ON PAGE /64 OF ORDINANCE 8 RESOLUTION BOOK XIV, ASHWORTH PROPERTY/SOUTH 71 422.6 Director Henry stated that she had received several inquiries regarding the status of the Ashworth property on South 71. 422.7 City Attorney McCord stated that the highway department lost their case. Judge Butt ruled that the area' was not a junkyard within the statutory definition. He stated that he had filed a contempt citation against the Ashworth's alleging that they had failed to comply with the decree entered in the case the City filed against them in 1979 which prohibited them from placing or storing inoperable tractor parts and other items in front of the existing building. He stated that the City Manager had received a complaint from a businessman on South 71 several times, and the person has offered to testify in this hearing. This hearing will be set as expeditiously as possible. 422.8 Director Sharp stated that he had received complaints about parts stored in front of the salvage yard fences, 422.9 City Attorney McCord stated that the highway department would have to get involved with this because they were the ones with jurisdiction under the statute to require salvage yards to be screened, LANDSCAPE ORDINANCE 422.10 Director Sharp stated that several months ago the Planning Commission had asked if the Board was interested in a type of landscape ordinance.. The Board had stated that they were interested, and a committee had been formed. Director Sharp stated that the program had been considered including three steps: (1) state a policy that the City would abide by --like planting trees at the airport; when trees were moved at Jefferson Park, they were replanted, etc.; (2) some sort of tree replacement ordinance; and (3) land- scape ordinance. He stated that this was very complex, Other towns with this type of ordinance would be studied. 422.11 Director Todd asked what was meant by a tree replacement ordinance. 422.12 Director Sharp stated that basicallyit meant that if a tree was removed of a certain size, then another tree has to be planted to replace the old one. He stated that the tree ordinance study has not really begun, in order to allow more detail. 422.13 Mayor Noland stated that he felt the City was already attempting steps number one perhaps two, but step three would be the most controversial. 422.14 Director Sharp stated that he wanted to know if the Board thought that the committee was aimed in the right direction regarding this ordinance. 422.15 The Board agreed that this was proceeding in the direction that they had intended. February 16, 1982 423 FINANCE COMMITTEE LETTER Director Osborne stated that a letter originating from the Finance 423.1 Committee with the CEMS had been mailed. He asked for Board approval of the Finance Committee actions. Director Todd, seconded by Henry, made a motion to approve the Finance 423.2 Committee actions. Mayor Noland stated that he had received a letter from the county finance 423.3 committee stating that the 25% allocation had been complied with in appropriating funds for ambulance service, Upon roll call the motion passed unanimously in favor of the Finance 423.4 Committee's action, DICKSON STREET Director Todd asked if the staff could tell him when Dickson Street would 423.5 be put back together. City Manager Grimes stated that as soon as the weather would permit, the 423.6 road would be paved. Director Todd further asked what action the Street Committee had taken on 423.7 the proposed ordinance dealing with the construction and road closing. City Manager Grimes stated that recommendations from the Street Department 423.8 were initially finished, but some requirements for restoration of street cuts would like to be incorporated into the ordinance. Director Todd stated that he was concerned that a policy might be needed 423.9 in addition to the proposed ordinance regarding street closings in order for the public interest to be taken into account fully, WATER FLOURIDATION Director Lancaster asked what was the status of the water flouridation 423.10 program, City Manager Grimes stated that there had been a letter regarding this 423.11 stating the difficulty in obtaining the necessary equipment that would comply with the Beaver Water District requirements for precision. Director Osborne stated that the City needed to consider a penalty clause 423.12 in each contract. He further stated that this amount of time was not reasonable. STUDY COMMITTiEE REPORT/STREETS--CONCRETE AND ASPHALT STANDARDS Director Osborne stated that he wanted to inquire about the study committee 423.13 reporting on equalizing or approximately equalizing the concrete standards with the asphalt standards. He stated that he was informed that there was a machine available that could lay concrete streets that is supposed to be cheaper than asphalt streets. City Manager Grimes stated that there was a recommendation coming before 423.14 this committee to do the streets in the industrial park in concrete. He stated that this was bogged down when the committee chairman had to be changed. MINUTES Mayor Noland stated that at 392.7 the word' should be "deferral" rather 423.14 "referral." City Attorney McCord had the following changes: (1) at 390.1 where it reads,"the paragraph discussing the size and the number of 15 units could be omitted," needs to be changed to read "the paragraph requiring an inspection prior to renting could be omitted," (2) At 403.13 where it reads "existing nonconforming sign which is free standing. The Texaco station . . ." should be changed to read, "existing nonconforming signs. The Texaco distributor . . ." 423.15 424 February 16, 1982 (3) At 403.14, the second sentence, strike the word "other." (4) At 403.16, change "nonconforming signs had been allowed if that was the only sign." to read as follows; "a roof sign had been allowed if it was the only sign." Director Todd had the following changes in the minutes: (1) At 399.3 where it reads "could contributions be substituted." should be changed to "could in-kind contributions be substituted." (2) At 399.4 where it reads "stated that contributions could" should be changed to read "stated that such contributions could." (3) At 405.5 where it reads "that not every contractor could read them." should be changed to read "that not every contractor could meet them." The minutes were approved as corrected. ADJOURNMENT There being no further discussion, the meeting adjourned at 11:10 p.m. • AGENDA FEBRUARY 16, 1982 PAGE "B" 1 FIRE ORDINANCE: Further consideration of an ordinance imposing fire protection standards for the rental of residential property providing sleeping accommodations for less than 15 persons. Under the terms of this ordinance --tabled from the February 2 meeting --the following major provisions will apply to the rental of all buildings providing sleeping accommodations for less than 15 persons: 1. After July 1, 1983 no person shall offer for rent such accommodations "unless the building...has been inspected by the fire department". 2. The owner of the building shall be required to install smoke detectors meeting minimum specifi- cations and shall "inform each occupant of the location of all smoke detectors, their method of operation and their required maintenance". 3. Tenants shall be responsible for installing and maintaining one Type ABC "portable, dry -chemical type, fire extinguisher"; and 4. Other regulations regarding adequate means of egress, storage of materials, separation by fire walls, and the installation and use of heating, air conditioning, and cooking equipment. Copies of the revised full regulations are available to the public in the City Clerk's Office; the ordinance is recommended for approval by the Board Police & Fire Committee, and was formulated by an Ad -Hoc Committee of tenants, landlords, and fire department representatives. -PUBLIC TRANSIT: A presentation by Community Resource Group, Inc., regarding the termination of Ozark Transit bus service in Fayetteville. For approximately nine months the city has had a contract with Community Resource Group, Inc. for the provision of bus service in Fayetteville. Under the terms of this contract the city agreed to pick up one-half of the local share of the operating deficit --to a maximum of $1,862 per month. (Under this contract, the federal government paid ane -half of the operating deficit and Ozark Transit paid the other half of the local share.) The present contract runs to June 30, 1982 although either party may terminate by giving the other ten days notice. On February 4, John Squires, Executive Director of Community Resource Group indicated to the city's Public Transit Board that the "Section 18" federal funding would no longer be available after June 30. A different "Section 5" program --under which the city's share would be the entire local portion of the 1 FEBRUARY 16, 1982 PAGE "C" operating deficit, or $851000 for the first year and $60,000 annually thereafter --could be applied for, although this funding source was no sure thing. Principally because of the steadily decreasing ridership of Ozark Transit buses, but also because of the large additional Local share for "Section 5" funding and the uncertainty of such funding, the Public Transit Board declined to recommend that the city get involved with a "Section 5" funding application process, as suggested by CRG. CRG then asked the Transit Board to agree to an early termina- tion of bus service in Fayetteville --before the June 30 date on which the contract would expire. The Transit Board unanimously voted not to agree to this early shut -down date, citing the contract between the city and CRG, and in effect taking the position that if Fayetteville was going to lost its bus service in March, it would have to be because CRG unilaterally terminated it. Community Resource Group, Inc., is now asking for a formal indication from the Directors as to whether the Public Transit Board's position on applying for "Section 5" funding is the same as that of the City Board of Directors. 3 CD HEARING: A public hearing on items to be included in the 1982 Community Development Block Grant Program Budget. This is the first in a series of three Board meetings at which the 1982 CD Budget will be discussed. At this meeting various requests and suggestions for the use of some $500,000 in CD funding will be presented to the Board from its Community Development & Housing Committee members, from city departments and committees, and from the general public. At this meeting little will be firmly decided, except to "weed out" those requests that are clearly ineligible for CD funding, or which have so little City Board support that they will not be further considered. After this meeting the CD staff will prepare approximate cost estimates for the remaining items. At the March 2 meeting the Directors will be asked to decide on a list of CD items in roughly their order of funding priority. The CD staff will prepare a written project list for public review; a public hearing on the proposed 1982 CD Budget as a whale will be held at the March 16 meeting. FEBRUARY 16, 1982 nrcie PAGE "0" f REZONING: An ordinance rezoning property, as requested in rezoning petition R82-2. Size of parcel: 10.13 acres 4 Location: West of North College Avenue, south of the Northwest Arkansas Mall, and north of Fulbright Expressway Petitioner: Duane B. Nelson Change requested: From A-1 "Agricultural" to R-2 "Medium •Density Residential" Planning Commission action: Recommended APPROVAL, 8-0. Considered in a public hearing before the Planning Commission on February 8, 1982. Planning Consultant Larry Wood presented a report on the request, and told the Commissioners that the R-2 zoning was recommended for approval for the following reasons: 1. The public facilities and services are available to serve the nature of the development allowed within the district requested; 2. The R-2 District will serve to establish a use transition from commercial to the east to lower density residen- tial to the west; 3. R-2 District will add support to the established R -O District zoning transition to the north, on the west side of the shopping center; and 4. Medium density residential is suggested as the transitional use in the General Plan. Although the petitioner was present at the meeting there were no comments made from the audience --either in support of or in opposition to the rezoning --and after minimal discussion a motion to recommend approval of the request passed 8-0, with Commissioner Redfern absent. 5 CONTRACT AMENDMENT: Approval of an amendment to a contract for engineering services, to reflect changes in the design of the 12th Street/Van Buren Avenue street improvement project. FUNDS TRANSFER: A resolution transferring $55,700 from "Contingencies" to "Washington Mountain Park Acquisition" and $75,000 from "Streets" to "Parks and Recreation" in the 1981 CD Budget. • FEBRUARY 16, 1982 PAGE "E" When the 1981 CD Budget was approved by the City Board on January 6, 1981, there was $55,000 allocated for "acquisition and development of park land near the top and bottom of Washington Mountain" and $75,000 for renovation of the gymnasium at Asbell Park. The Department of Housing & Urban Development --which must approve the CD Budget before funds are released --questioned the eligibility of these two items and to get the Budget otherwise .approved while the two items were researched, the City Board, on May 5, transferred the Washington Mountain money into the "Contingencies" account and the Asbell funds were shifted into the "Street" category of the 1981 Budget. A determination of sorts has now been made by HUD to the effect that Washington Mountain appears to "be eligible for acquisition" -- while Asbell gym is not --so the action before the Board at this time would shift the Washington Mountain money back where it was originally, and the Asbell funds from "Streets" to "Parks & Recreation" for the eventual utilization in further improvements to Walker Park. 7STREET WIDTHS: A request by the Community Development & Housing Department for variances from the required street widths, for improvements to 7th, 9th, 12th, and 13th Streets. Current city regulations require that new streets be constructed 31' wide, with concrete curbs and gutters and a 4' sidewalk on one side. Because of the lesser existing rights-of-way of the streets involved, the engineer for the project is recommending that they be construct .d to the following reduced widths: 7th Street, from College to Washington: 24' 9th Street, from College to Washington: 22' 12th Street, from College to Washington: 12th Street, from Washington to Willow: 27' 31' 13th Street, .from College to Willow: 28' Other waivers regarding turn radii and the installation of culs-de-sac are also being requested. FEBRUARY 16, 1982 ' PAGE "F" SEWER APPEAL: An appeal of a decision by the Water & Sewer Committee, regarding a request by R & P Electroplating for an extension to the deadline for complying with the city's sewer use ordinance; tabled from the February 2 meeting. SOCIAL SECURITY: A resolution notifying the Social Security Administration of the city's intent to drop out of the Social Security program. 10BID AWARDS: A. Award of bid for the construction of an access roadway at the Pollution Control Plant. B. Award of bid for the installation of two gas pumps at the City Shop, and an ordinance waiving competitive bidding requirements. C. Award of Bid #480 for corrugated metal pipe. D. Award of Bid #481 for one 10,000 gallon gasoline storage tank for the Police Department. 11OTHER BUSINESS. 12MINUTES: Approval of the minutes of the previous Board meeting. 13ADJOURNMENT.