HomeMy WebLinkAbout1982-06-15 Minutes•
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MINUTES OF A BOARD OF DIRECTORS MEETING P„ _
I"ct-�y'�:
A meeting of the Board of Directors was held on
Tuesday, June 15, 1982, at 7: 30 p. m. , in the Board of
Directors RbaM, City Administration Building, Fayetteville,
Arkansas.
PRESENT: Directors Osborne, Sharp, Noland, Dumpass, Henry,
and Lancaster; City Manager Grimes, Assistant City Manager
McWethy, City Attorney McCord. and City Clerk Rowe; members
o f the press and audience.
ABSENT: Director Todd.
CALL TO ORDER
Mayor Noland called the meeting to order and asked for
a moment of respectful silence
ZION ROAD/TRAFFIC LIGHT AT HIGHWAY 71 INTERSECTION
Mayor Noland introduced a recommendation from the Board
Street Committee regarding improvements to the traffic
safety problems associated with the Zion Road/Highway 71
intersection. The Street Committee met on June 8 and
✓ ecommended the traffic signal system, and the Mall
management indicated they would be willing to pay the major
portion of the cost of the entire system.
Mr. CYtmes reported that several city officials had
met with the Highway Department in Little Rock, and had
received verbal approval of a traffic signal system for the
Zion—Highway 71 intersection and one at Stearns Road but not
a signal at Johnson Road.
Director Sharp, seconded by Noland, made a motion to
approve the Street Committee recommendation.
Director Lancaster asked if the Highway Department
would be engineering the project and be responsible for the
lights. Mr-- Grimes stated the Highway Department had
indicated they preferred the Mall to engineer the project
subject to Highway Department approval.
Mr. Bill Giese addressed the Board in opposition of
any development that would create additional traffic on Zion
Road. There was general discussion about the future mental
health care treatment center that is to be constructed in
t he area and the method of financing the facility.
City Attorney McCord stated the financing arrangement
was a typical method employed for services of this type that
would be beneficial to the community.
Mr. Arthur Mueller, a Zion Road resident, stated that
he had understood from the Street Committee meeting that the
Mall was only willing to finance the traffic signal project
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if there was a signal put at Johnson Road. Mr. Grimes
stated that the Mall had recommended a light at Johnson
Road, but they had not based their financing contingent upon
the recommendation.
Mr. Jack Ray addressed the Board as the spokesman for
the Zion Road residents. He felt the Board had an
o bligation -to stop the current traffic problems on Zion. He
felt this should be done before any additional traffic flow
was added to the road.
Mr. J. C. Cole stated the light would help the
dangerous intersection, but it would not decrease the number
o f cars on Zion; in fact, it could increase the number of
cars making access at the intersection safer.
There being no further discussion, upon roll call the
motion passed 5 to 0 to 1 with Director Henry abstaining.
DEVELOPMENT APPEAL/PARK LAKE APARTMENTS
Mayor Noland introduced for further consideration the
appeal of a decision by the Planning Commission regarding
the approval of the Large Scale Development for Park Lake
Apartments. (Background information is located on page "B"
o f the attached agenda.)
Mr. Claud Prewitt addressed the Board and indicated on
a plat map the proposed location of the complex and the road
as seen from the entrance to the complex. He noted the
distances on both sides of the entrance where oncoming
traffic could be seen. He stated the city sewer would be
brought up to the complex site; therefore, the Zion
✓ esidents would be able to connect onto city sewer lines.
He stated the developers had complied with all regulations
and requirements in planning the development, and it would
be unconstitutional to change any of these at the current
time.
Director Bumpass made a motion to affirm the action of
the Planning Commission and approve the project. Director
Sharp seconded the motion.
City Attorney McCord outlined the issues the Board
n eeded to consider. The Board has the authority to refuse
t o confirm the decision of the Planning Commission if they
f eel the development would not be in the best interest of
the City. The Board should also determine if the Planning
Commission finding that the additional traffic from the
development would compound the existing traffic problem was
in error. The Board needs to determine if the off—site
improvements required were in error.
Director Sharp felt the light would help the
intersection, but he felt an overpass may be needed at some
future date. Mr. Perry Franklin, Traffic Superintendent,
had indicated the light would help the intersection, and he
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did not feel the development would create significant
additional traffic problems.
Mr. Mueller stated that Zion served as a "collector
street" and outlined the requirements for this type of
street. Mayor Noland pointed out that the developer brings
his part of the street up to code. Mr. Mueller asked what
the city plans for Zion Road were for the near future.
There was general discussion about the requirements of
bringing the road up to code and by whom and when the
improvements would be made. Mayor Noland pointed out the
ordinance stated that the improvements to the road were to
take place as the development occurred.
Mr. Mueller requested that the Board not allow the
complex be constructed. He also outlined alternatives and
o ther issues for the Street Committee to address.
Mr. Grimes reported that a traffic count had been
conducted. For an eight hour period on June 8, 793 vehicles
crossed the count point.
Mayor Noland stated the City was planning to extend
Stearns to Old Missouri Road in the near future.
D irector Bumpass understood from talking with Mr.
Franklin and Mr. Prewitt that the proposed street
improvement in front of the complex would make the road
safer than it is currently at that point.
Mr. McCord stated, in response to the insinuation that
the project had not been adequately reviewed, that the Board
had reviewed and passed the ordinances which serve the
P lanning Commision as guidelines. The Plat Review
)Committee had jdetermined that the development would not
create additional traffic problems. In summary, there had
been adequate review of the proposed development.
Mayor Noland stated that this development was
consistent with the method Fayetteville was using to
develop. As each location is developed, the roads, etc.,
are then brought up to code regulations. This method was
t he only economical way the town could be developed.
Mayor Noland further suggested omitting the curbs on
the road improvement at this time. Instead, he suggested
✓ equiring the developer to improve the road on both sides
✓ ather than just the side the development abuts. He stated
this was not a Street Committee recommendation, but it might
B e part of a solution to the current traffic problems.
There was discussion about the develpment being
partially financed through HUD. Mr. Prewitt stated the
complex was not a low—rent HUD project or a work release
center. He stated the project would be financed through a
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bank in Little Rock by the FHA with a HUD guaranteed loan.
Mr. Mueller discussed issues not relating to the
traffic problems but that he felt related to the project as
a whole which should be considered in determining whether or
not to approve the construction of the project.
Mr. Jamie Jones addressed the Board in opposition of
the complex. He read the section of the code relating to
the large scale developments. He felt, that according to
the code, the complex would "create or compound a dangerous
traffic condition" and based on this standard, the Board had
the authority not to approve the large scale development.
He felt the following items should be considered before
approving a large scale development: (1) the widening of
Zion Road, (2) alter the topography of the road, (3)
construct frontage or an access road from Zion to Stearns or
Joyce Streets, (4) enforcce and/or reduce the speed limits
on Zion, and (5) no large scale development should be
approved on Zion until these problems have been dealt with.
Director Bumpass stated that lowering the speed limit
would be easy to do. In addition, the Traffic Department
had already been instructed to place "NO TRUCK" signs on
Zion. He explained that because of the costs involved, the
City could not do everything at once. The developers had
been checking with the City during the planning of the
complex, and they had complied with all regulations.
There being no further discussion, upon roll call, the
motion to affirm the Planning Commission decision passed by
a vote of 3 to 1 to 2, with Director Osborne voting against
the motion and Directors Henry and Lancaster abstaining.
STREETLIGHTS
Mayor Noland introduced a public hearing concerning the
installation of eight streetlights on Greenview, Viewpoint,
Shrewsbury, and Pembroke Streets. (Background information
is located on page "B" of the attached agenda.)
A resident of Viewpoint stated he was in favor of the
lights. Another member of the audience stated she was
against the installation of additional lights. She felt
that they would be too costly in the long—run, and the added
light obstructs viewing the starts and sky.
Mr. Calvin Berry, a resident on West Shadowridge
wanted the lights to help lessen the vandalism problems in
the area. He further requested that a light be installed on
the pole at Hammond and West Shadowridge.
Mr. Hinkle of 1648 Shadowridge stated he was in favor
of the lights.
Mr. Clarence Young of 1625 E Ridgeway stated he was
in favor of the lights being intalled. He distributed
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copies of a map he had compiled with the residences in the
area who had indicated whether they were for and against the
lights. He felt the people objecting to the lights in the
neighborhoods were given priority over the residents in
favor of the lights. He felt there was a definite need for
the additional light in the area.
Mr. Estes addressed the Board in favor of the lights.
He felt the City should enforce their "police powers" and
protect the people by installing lights whether they wanted
them or not.
There was discussion about the necessity of
✓ e—notifying the residents affected by the lights that had
failed to respond initially.
Mr. Clarence Young felt there were as many or perhaps
more people for the lights than against who had simply not
✓ esponded. He felt people responded more in the negative
rather than the positive.
Director Bumpass, seconded by Mayor Noland, made a
motion to approve the installation of the lights at the
e ight locations listed in the agenda. He suggested
contacting the people of Mr. Young's map that had not
responded for input before a decision is made about lights
for that area.
Mr. McWethy pointed out that everyone in the area had
✓ eceived a letter asking for input on the streetlight
installation.
Mr. Young felt the city letter only dealt with the
e ight locations listed, and that any other areas had been
e liminated. The letter was read by Mr. Young.
Mayor Noland expressed his appreciation for the work
Mr. Young had done in contacting the residents of the area.
The general concensus was to contact the residents who
had not responded on the map Mr. Young had compiled before
taking action on lights in the area. These locations would
be discussedd at a later meeting.
There being no further discussion, upon roll call, the
motion to approve the eight locations for streetlight
installation passed unanimously.
APPLEBY ROAD IMPROVEMENT DISTRICT DISCUSSED
Mayor Noland introduced the second reading of the
ordinance establishing an improvement district to pave
Appleby Road. (Background information is located on page
"C" of the attached agenda. )
time.
City Attorney McCord read the ordinance for the second
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Director Osborne suggested that possibly changing the
commissioners of the proposed district might lessen the
o pposition. If Mr. Wade Bishop was replaced, he felt
o pposition might decrease.
Mr. Bishop responded that he felt the commissioners
should be people interested in the district and work for it.
He felt if he was removed as a commissioner, the cause for
doing so should be justified.
The ordinance remained on second reading.
CABLE COMMITTEE
Mayor Noland introduced a request for an opportunity to
discuss the formation of a committee to study complaints
concerning Warner Cable's service versus charges. He stated
the complaints were not with the basic services rather with
the auxiliary services the cable company offers. Several of
the directors had received complaints of this nature.
Mr. "Rip" Lindsay of Warner Cable addressed the Board.
He stated the main objections he had heard regarded the cost
o f the services. He stated the complaints that other towns
provided better services for a lower cost was due to the
fact that Fayetteville was relatively small compared to
Dallas or Little Rock, two of the cities that Warner Cable
o f Fayetteville was being compared with. He felt the
Fayetteville service was competitive with the Springdale
cable system that was comparative in regard to size and
services with the Fayetteville system.
An attorney representing Warner Cable stated there was
a procedure outlined in the franchise for complaints. City
Attorney McCord stated the complaint procedure in the
franchise dealt with other types of complaints than the one
before the Board at this time dealing with rates versus
services. Mr. McCord pointed out that there was no
provision in the franchise for the city to regulate
auxiliary service charges.
Director Bumpass, seconded by Osborne, made a motion to
form a committee to study the cable system. Warner Cable
stated they would be willing to work with a committee in
this regard.
The committee is to consist of five members and is to
be formed through the advertising procedure for committees.
The committee will expire on December 31, 1982.
Upon roll call the motion passed unanimously.
PARKING RATES FOR PARKING GARAGE
Mayor Noland introduced a recommendation from the City
Manager regarding proposed rates for the city parking deck
on Meadow Street. (The proposed rates and times are on page
"Du
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of the attached agenda.)
Mr. Grimes recommended the rates. Director Osborne
stated he had given a list of the proposed rates to every
merchant on Center Street and he had received no objections.
There was general board discussion about how to collect
the money. Mr. Grimes stated the machines could be changed
to accept either money or cards.
Director Lancaster expressed concern that someone might
pay x.50 and stay all day. Mr. Grimes felt the system
should be implemented as planned, and alter the system at a
later date if the system was abused.
City Attorney McCord read the ordinance for the first
time. Director Osborne, seconded by Henry, made a motion to
suspend therules andd place the ordinance on second
reading.
Director Osborne suggested an amendment to the times
and change the daily hours from 5:00 a.m. to 4:30 p.m. to
5:00 a.m. to 5:00 p.m. He felt this would give the people
that work until five an opportunity to visit their offices
right before five and not have to pay a charge since they
already have a monthly parking card. This amendment was
accepted by the Board.
Upon roll call the motion passed unanimously, and City
Attorney McCord read the ordinance for the second time.
Director Osborne, seconded by Henry, made a motion to
further suspend the rules and place the ordinance on third
and final reading. Upon roll call the motion passed
unanimously, and the City Attorney read the ordinance for
the third time. Upon roll call the ordinance passed
unanimously. '/
ORDINANCE 2815 APPEARS ON PAGE �T/� OF ORDINANCE & RESOLUTION
BOOK X(/
COMMERCE DRIVE SIDEWALKS
Mayor Noland introduced an ordinance amending the
Master Sidewalk Plan to include a sidewalk on Commerce
Drive.
City Attorney McCord read the ordinance for the first
time. Mayor Noland, seconded by Bumpass, made a motion to
suspend the rules andplace the ordinance on second reading.
Upon roll call the motion passed unanimously, and the City
Attorney read the ordinance for the second time. Director
Osborne, seconded by Henry, made a motion to further suspend
the rules and place the ordinance on third and final
reading. Upon roll call the motion passed unanimously, and
the City Attorney read the ordinance for the final time.
Upon roll call th the ordinance passed unanimously.
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ORDINANCE 2816 APPEARS ON PAGE 145 OF ORDINANCE & RESOLUTION
BOOK ,Ki(
S IDEWALK WAIVERS
Mayor Noland introduced a report from the Board
Sidewalk Committee regarding requests for waivers from the
literal provisions of the Master Sidewalk Plan. (The
recommendations are outlined on pages "D" and "E" of the
attached agenda.)
Director Osborne, seconded by Henry, made a motion to
approve the first five and the last recommendation. Upon
roll call the motion passed unanimously.
D irector Sharp stated the sidewalk at the E—Z Mart
location could be constructed by placing bumper blocks along
a five—foot section to isolate the sidewalk area. If the
sidewalk requirement was not waived, the result would be an
13—foot sidewalk.
D irector Sharp, seconded by Henry, made a motion to
approve the waiver. Upon roll call the motion passed by a
vote of 5 to 1, with Mayor Noland voting in the minority.
Director Sharp, seconded by Osborne, made a motion to
table the Northwest Center location until the petitioner
could be present. Upon roll call the motion passed
unanimously.
STOP SIGN/EAST MAPLE AND NORTH WALNUT
Mayor Noland introduced a recommendation from the Board
Street Committee that four—way stop signs be re—installed at
the intersection of East Maple and North Walnut.
Director Sharp stated that since the removal of the
signs, there have been several accidents as a result of no
signs. He recommended re—installing the signs and then a
study be conducted to find a method to alleviate the traffic
problems at the intersection.
D irector Sharp, seconded by Bumpass, made a motion to
install the signs.
Upon roll call the motion passed a vote of 5 to 1, with
D irector Osborne voting in the minority.
S IDEWALK INSTALLATIONS
Mayor Noland introduced the review and approval of a
priority li.s•t for the installation of sidewalks in the 1982
P ublic Works Budget. (A list of the locations is on page
"E" of the attached agenda.) There was no opposition to any
of the proposed locations.
Director Sharp, seconded by Noland, made a motion to
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approve all locations with the addition of concrete steps at
the intersection of North Lindell and North Street. Upon
roll call the motion passed unanimously.
PROPERTY CLEANUP --949 BOONE STREET
Mayor Noland introduced the third and final reading of
an ordinance authorizing the City Manager to have unsightly
property conditions at 949 Boone Street abated. Mayor
Noland, seconded by Bumpass, made a motion to further
suspend the rules and place the ordinance on third and final
✓ eading. Upon roll call the motion passed unanimously.
Mr. Jim Hall, attorney for Mr. Eoff, stated that the
house had not flooded because of the large rain, but the
rain had prevented the construction crews from being able to
raise the house. Mr. Kenneth Murrell, the person to work
on the house, stated he could have the work completed in
30-60 days.
D irector Osborne, seconded by Lancaster, made a motion
to table the issue until the building permit expires. Upon
✓ oll call the motion passed unanimously.
REZONING—EOFF TRUST CORNER OF HWY 62 W. AND S. HILL ST
Mayor Noland introduced an ordinance rezoning property,
as requested in rezoning petition R82-8. (Background
information is located on page "F" of the attached agenda.)
The attorney for Mr. Eoff stated the reason the
✓ ezoning was being requested. The plans were for a
✓ estuarant featuringvideo games.
Director Lancaster stated that this would be the only
building in the area tht would be zoned C-2.
poSLa
D irector /Sha p stated the basis for rezoning was not
based on the use of the property rather based on the best
✓ se of the land.
City Attorney McCord read the ordinance for the first
time. Mayor Noland, seconded by Bumpass, made a motion to
suspend the rules and place the ordinance 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 Henry, made a motion to further suspend
the rules and place th ordinance on third and final reading.
Upon roll call the motion passed unanimously, and the City
Attorney read the ordinance for the final time. Upon roll
call the ordinance passed by a vote of 4 to 2, with
Directors Noland and Lancaster voting in the minority.
ORDINANCE 2817 APPEARS ON PAGE/471/40F ORDINANCE & RESOLUTION
BOOK X/(
PROPERTY FIX—UP--987 S. WASHINGTON AVENUE
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Mayor Noland introduced an ordinance authorizing the
City Manager to have the unsafe structure located at 987 S.
Washington Avenue repaired or demolished at the owners'
e xpense.
City Attorney McCord read the ordinance for the first
time. Director Osborne, seconded by Lancaster, made a
motion to suspend the rules and place the ordinance on
second reading. Upon roll call the motion passed
unanimously, and the City Attorney read the ordinance for
the second time. Director Osborne, seconded by Noland, made
a motion to further suspend the rules and place the
ordinance on third and final reading. Upon roll call the
motion passed unanimously.
Director Sharp, seconded by Osborne, made a motion to
table the item until the next meeting to give the directors
time to view the property. Upon roll call the motion to
table passed unanimously.
FUEL PURCHASE
Mayor Noland introduced an ordinance waiving
competitive bidding requirements and retroactively awarding
the bid for the purchase of 8,000 gallons of no—lead fuel.
Purchasing Officer Mackey stated the need for this was
because fuel bids are only guaranteed for 24 hours.
However, he did take phone bid bids.
City Attorney McCord read the ordinance for the first
time. Director Osborne, seconded by Noland, made a motion
to suspend the rules and place the ordinance on second
✓ eading. Upon roll call the motion passed unnimously, and
the City Attorney read the ordinance for the second time.
D irector Osborne, seconded by Henry, made a motion to
further suspend the rules and place the ordinance on third
and final reading. Upon roll call the motion passed
unanimously, and the. City Attorney read the ordinance for
the final time. Upon roll call the ordinance passed
unanimously.
ORDINANCE 2818 APPEARS ON PAGE % OF ORDINANCE & RESOLUTION
BOOK XIII
RIOT GEAR FOR POLICE DEPARTMENT
Mayor Noland introduced an ordinance waiving
competitive bidding requirements for the purchase of riot
gear for the Police Department.
City Manager Grimes stated the gear was helmets and
vests.
City Attorney McCord read the ordinance for the first
t ime. Director Osborne, seconded by Henry, made a motion to
suspend the rules and place the ordinance on second reading.
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Upon roll call the motion passed unanimously, and the City
Attorney read the ordinance for the second time. Director
Osborne, seconded by Henry, made a motion to further suspend
t he rules and place the ordinance on third and final
reading. Upon roll call the motion passed unanimously, and
the City Attorney read the ordinance for the final time.
Upon roll call the ordinance passed'Lunanimously.
ORDINANCE 2819 APPEARS ON PAGE 7 OF ORDINANCE & RESOLUTION
BOOK XIII
B ID AWARDS
Mayor Noland introduced the bid awards. (The bids are
listed on page "G" of the attached agenda.)
D irector Bumpass, seconded by Noland, made a motion to
approve all the bids. Upon roll call the motion passed
unanimously.
WALKER PARK NORTH PRESENTATION
Dr. Alfred Einert made a presentation to the Board of
his proposals for the softball and soccer ball fields at
Walker Park. (A copy of the report is on file in the City
Clerk's office.) Dr. Einert reported that there were
several trees of value in the area, Due to the drainage,
terrain, andlack of space, He suggested eliminating one
softball field at this time.
D irector Sharp expressed his appreciation to Dr.
E inert for his work on this project and on other city
projects he has completed free of charge.
Mr. Don Nelms asked why the second baseball diamond
had been eliminated rather than the second soccer field.
There was discussion that the fields were being constructed
according to the desires of the public.
Director Lancaster expressed his concern that the Parks
and Recreation Board had not been able to give their input
into this new plan.
D irector Osborne, seconded by Sharp, made a motion to
accept the the plan and develop the park as presented. It
was pointed out that only one soccer field and the softball
f ield could be constructed at this time.
Upon roll call the motion passed unanimously.
MEXICAN ORIGINAL EASEMENT ABANDONMENTS
Mayor Noland introduced a request by Mexican Original
for easement abandonment on their land. The Mexican
Original representative stated that the lines would then
become service lines. Also, the easements abandonments are
necessary before a building permit can be granted.
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Director Lancaster expressed concern about letting the
whole area use one large meter rather than each business or
entity having their own meter. He felt other developments
might want a system of this type to take advantage of
quantity discount on rates.
City Manager Grimes stated he thought this was the way
shopping centers operated. In addition, the tenants would
be vacating the Mexican Original property when their leases
e xpire.
D irector Bumpass, seconded by Sharp, made a motion to
table until the next meeting to allow for further study.
Upon roll call the motion passed unanimously
RESPONSE TO SUIT AGAINST CITY FILED BY STATE OF OKLAHOMA
City Attorney McCord stated that a response needed to
be filed in regard to the lawsuit filed against the City of
Fayetteville by the State of Oklahoma. He stated the
Attorney General could file a response or he could file a
separate response whichever the Board preferred.
Director Lancaster stated he preferred for Mr. McCord
to file the response.
D irector Lancaster, seconded by Noland, made a motion
for Mr. McCord to file a response.
Director Osborne suggested letting the Attorney
General's office file the response until such time there is
a determination about the validity of the suit. If the suit
is determined to be ready and not premature, then have Mr.
McCord respond on behalf of the City.
Director Bumpass felt the City should go ahead and make
a separate statement.
Upon roll call the motion passed unanimously.
AIRPORT NOISE STUDY
Mr. Grimes stated that the airport noise study had
been received, and a public hearing had been held. He asked
t hat the Board formally state they have reviewed and accept
the study. This would not be an endorsement for or against
the study.
Director Henry, seconded by Bumpass, made a motion to
acknowledge receipt of the study. Upon roll call the motion
passed unanimously.
STORM DAMAGE
Mr. Grimes requested that the Board approve reasonable
e xpenditures that may be required to repair the damage of
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the storm and flooding that occurred on June 15, 1982. He
stated the roads and other areas had incurred considerable
damage as a result of the flooding.
Director Osborne, seconded by Henry, made a motion to
authorize Mr. Grimes to approve expenditures, which may
e xceed Mr. Grime's $2,500 limit, to repair storm damage.
Upon roll call the motion passed unanimously.
SWIMMING POOL REPORT
D irector Osborne, stated the pool plans were ready to be
advertised for bids in July. The cost of the pool appears
t o be higher than the preliminary cost figures. The
timetable for the pool is as follows: receive bids on July
27; construction started on September 1; and completion of
the pool by April 1, 1983. Director Osborne stated some of
the cost figures were now reaching the $1 million figure,
however, there were several deductive alternates included in
the bid to allow for cost deviations.
MINUTES
City Attorney McCord had the following changes in the
minutes: (1) On page 108, paragraph 4. delete "the
c-omm4s-s-i-overs must bear only the portion of the costs of an
o ff—site improvement that bears a rational nexus to the need
created by a development, but"; (2) On page 108, paragraph
4, put a semicolon after "itself" and add "that"; and
(3) On page 112, delete the last sentence of paragraph 5.
D irector Osborne stated on page 115, the vote numbers
should be changeed to 5 to 0 to 1, with Director Henry
abstaining.
ADJOURNMENT
There being no
adjourned at 12:15 a. m.
further discussion, the meeting
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