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HomeMy WebLinkAbout1982-08-03 Minutes168 MINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Board of Directors was held on Tuesday, August 3, 1982, at 7:30 p.m., in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. PRESENT: Directors Lancaster, Todd, Osborne, Sharp, and Noland; City Manager Grimes, Assistant City Manager McWethy, City Attorney McCord, and City Clerk Rowe (who was attending her final meeting), and City Clerk Kelly (who began employment today); members of the press and audience. ABSENT: Directors Bumpass and Henry. CALL TO ORDER Mayor Noland called the meeting to order and asked for a moment of respectful silence. EMPLOYEE AWARDS 168.1 Mayor Noland presented awards to the three Employees of the Month, for July, 1982. They are: Ina McElroy, Clerk III, Finance Department; Gene Phillips, Patrolman, Police Department; and Al Rukgaber, Assistant Street Superintendent, Street Department. OVERCREST CLOSING 168.2 Mayor Noland introduced for further consideration by the Board a request that Overcrest Street be barricaded and made into a dead-end street. Several residents of the Overcrest area were present and brought forth their concerns over the amount and type of heavy traffic that proceeds through that area. Car traffic during the hours of 7:00 a.m. and 5:30 p.m. reportedly averages 95 cars per hour; this is complicated by heavy trucks traveling the thoroughfare, ignoring the posted "No Thru Traffic" signs. City Manager Grimes said this is not an unusual problem for the City and is not an easy problem to resolve. 168.3 Mayor Noland made a motion, seconded by Director Sharp, that the Board get the recommendation of the Traffic Department on usage of 3 -way stop signs at strategic locations in the Overcrest area. 168.4 There being no further discussion, upon roll call, the motion passed 4 to 1, with Director Todd voting against the motion. POLICE DEPARTMENT RULES 168.5 Mayor Noland introduced a resolution adopting proposed rules and regulations for the Fayetteville Police Department. 168.6 After general discussion regarding modifications in areas of the rules regarding search procedure, health and hygiene of prisoners, medical care, dress codes, and emergency procedure, Mayor Noland made a motion, seconded by Director Todd, that these rules and regulations be adopted, as amended, by the Board. 168.7 There being no further comments, upon roll call, the motion passed 5-0. RESOLUTION NO. 91-82 APPEARS ON PAGE 434 OF ORD. AND RES. BOOK XIV 1 1 TELEPHONE RIGHT -0F' WAY 169 Mayor Noland introduced for further consideration by the Board a 169.1 request by the Board of Trustees of the University of Arkansas for a resolution authorizing the use of street rights-of-way for the main- tenance of telephone cable. This matter was previously tabled by the Board, due to 169.2 Southwestern Bell's objections to Continental Telephone installing the system on Bell's existing poles. Since that time, Continental has made an agreement with Swepco to use their poles for the system. Bell attorney, Walter Niblock, pointed out that Bell is paying 169.3 03 $140,000 in franchise taxes to the City. However, City Attorney McCord CO pointed out that the question of whether this proposal infringes on Bell's statutory franchise is a matter to be resolved by the Public U Service Commission and the Courts. m Fred Vorsanger of the University said the agreement with 169.4 a Continental was a Lease -Purchase Agreement, with option to buy the lines and equipment for $1.00 at the end of five (5) years. 1 1 Mayor Noland made a motion, seconded by Director Osborne, that the resolution, authorizing for five (5) years, the use of street rights-of-way for the installation and maintenance of telephone cable be adopted. Upon roll call, the motion was passed 4-1, with Director Lancaster voting no. Director Sharp made a motion, seconded by Director Obsorne, to amend the lease to include subsurface rights, as well as air rights. Upon roll call, the motion pass 4-1, with Director Lancaster voting no. RESOLUTION NO. 99-82 APPEARSON PAGE 498 OF ORDINANCE AND PARKS REQUEST RESOLUTION BOOK XIV Mayor Noland introduced a request from the Parks & Recreation Advisory Board that the Board authorize a $1,600 budget adjustment to fund a for -fee Children's Theater Workshop this fall. 169.5 169.6 169.7 Dr. Rodney Ryan of the Advisory Board, said a workshop had been 169.8 held April 1 -May 20, and was very successful, enrolling 13 children. He hoped to broaden the program to 50 enrollment in the future, and offer the program to children from Grades 1-12. The $1,600 request would cover the cost of salary and supplies for the remainder of the year. Director Todd, seconded by Director Osborne, made a motion to 169.9 approve the request from the Parks and Recreation Advisory Board to appropriate $1,600 from sales tax revenues to fund a for -fee Children's Theater Workshop this fall. Upon roll call, the motion was passed 5-0. RESOLUTION NO. 92-82 APPEARS ON PAGE 471 OF ORD. AND RES. BOOK XIV REZQNING I Mayor Noland introduced an ordinance rezoning property located 169.10 on the north side of Highway 62 West, just west of Oak Road. It was approved by the Planning Commission by an 8-0 vote. The request is 170 to rezone approximately 0.48 acres from A-1 "Agricultural" to C-2 "Thoroughfare Commercial." 170.1 City Attorney McCord read the ordinance for the first time. Director Osborne, seconded by Mayor Noland, 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 Director Todd, 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 by a vote of 5-0. 170.2 The petitioner had offered to enter into a Bill of Assurance, stating that a liquor store would not be allowed on the property. Upon roll call, the ordinance rezoning the property and accepting the offered Bill of Assurance passed by a vote of 5-0. ORDINANCE 2838 APPEARS ON PAGE 7A. OF ORDINANCE & RESOLUTION BOOK XIII REZONING II 170.3 Mayor Noland introduced an ordinance rezoning property, requested in rezoning petition R82-12, located on the south side of West Mountain Street, between School and Locust Avenues. It was recommended by the Planning Commission by a 6-0 vote. The request is to rezone from R-0 "Residential -Office" to C-2 "Thoroughfare Commercial." The request is to rezone 0.40 acres. 170.4 City Attorney McCord read the ordinance for the first time. Director Osborne, seconded by Director Todd, 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 Mayor 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, and the City Attorney read the ordinance for the final time. Upon roll call the ordinance passed by a vote of 5-0. ORDINANCE 2839 APPEARS ON PAGE 75- OF ORDINANCE & RESOLUTION BOOK XIII REZONING III 170.5 Mayor Noland introduced an ordinance rezoning property, as requested in rezoning petition R82-13, located at the southwest corner of Johnson Road and Highway 71 North. The request is to rezone from A-1 "Agricultural" to C-2 "Thoroughfare Commercial." The request is to rezone 2.57 acres. It was approved by the Planning Commission by a 6-0 vote. 170.6 City Attorney McCord read the ordinance for the first time. Mayor Noland, seconded by Director Osborne, 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 Mayor Noland, made a motion to further suspend the rules and place the ordinance on third and final reading. Upon roll call, 1 1 1 CO CO Director Lancaster, seconded by Director Osborne, made a motion 171.2 to approve this resolution. Upon roll call, the resolution was Qapproved by a 5-0 vote. RESOLUTION NO. 93-82 APPEARS ON PAGE 472 OF ORD. AND RES. BOOK XIV CO PARKING LEASE a 171 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 5-0. ORDINANCE 2840 APPEARS ON PAGE 78 OF ORDINANCE & RESOLUTION BOOK X((( ENGINEER SELECTION Mayor Noland introduced a resolution authorizing an agreement 171.1 for engineering services and surveying in connection with street improvements to Berry and Eagle Streets and Oakland Avenue; and a sidewalk along Fifteenth Street, and from South College to the Campbell Soup property. This contract is with Milholland and Associates. Mayor Noland introduced a request by the Rural Mountain Producers 171.3 Exchange, Inc. -- as operators of the Farmers' Market -- for a reso- lution authorizing a lease agreement for the parking spaces around the outer perimeter of the Square. Wilbur Watson, who has been working with the Rural Mountain 171.4 Producers Exchange, stated that he felt the situation was serious and might effect the future of the Farmers' Market Exchange, but since they had not had the opportunity to meet with their full Board, they asked that any action be postponed with the understanding that they would come before the Board at a later date. Mayor Noland, seconded by Director. Osborne, made a motion that 171.5 the request be tabled for a two-week period. Upon roll call the motion was passed by a vote of 5-0. BID AWARDS Mayor Noland requested awarding by the Board of two bid awards, 171.6 one for liquid oxygen for the Pollution Control Plant (Bid #500), and one for liquid chlorine and ferric chloride for the Pollution Control Plant (Bid #501). The Purchasing Agent recommended the liquid oxygen be purchased from Union Carbide and that the liquid chlorine and ferric chloride be purchased from the McKesson Chemical Company, both being low bidders. Mayor Noland, seconded by Director Sharp, made a motion that 171.7 Bid #500 and Bid #501 be awarded. Upon roll call, the motion passed unanimously. RESOLUTION NO. 94-82 APPEARS ON PAGE 480 OF ORD. AND RES. BOOK XIV FUNDING RESOLUTION Mayor Noland introduced a resolution authorizing the expendi- 171.8 ture of up to 20% of the amounts in the 1981-1982 Sanitation Fund and Water & Sewer Fund Budgets until the 1982-1983 versions are adopted. Mayor Noland, seconded by Director Sharp, made a motion to 171.9 adopt the resolution. Upon roll call, the motion was passed 5-0. RESOLUTION NO.95-82 APPEARS ON PAGE 4860F ORD. AND RES. BOOK XIV 172 BUDGET ADJUSTMENTS 172.1 Mayor Noland introduced a resolution approving budget adjustments for the period ending December 31, 1981. Director Osborne, Chairman of the Finance Committee, directed questions to Scott Linebaugh, Finance Director. Director Osborne commented that the Finance Committee has reviewed these budget adjustments and they recommend their adoption by the Board. 172.2 Director Osborne, seconded by Director Noland, made a motion that the Board adopt the resolution approving the budget adjustments for the period ending December 31, 1981. Upon roll call, the motion was passed unanimously. RESOLUTION NO. 96-82 APPEARS ON PAGE 486 OF ORD. AND RES. BOOK XIV COST ALLOCATION PLAN 172.3 Mayor Noland stated that the Finance Committee reviewed a recommendation made by the Finance Department concerning the adoption of a resolution author- izing an agreement with Arthur Young & Company for the preparation of a Cost Allocation Plan. Under the Professional Selection Procedure, Arthur Young & Company is recommended as the firm to perform this cost allocation plan. 172.4 Director Osborne, seconded by Mayor Noland, made a motion that the resolution authorizing an agreement with Arthur Young & Company for the preparation of a Cost Allocation Plan be approved by the Board. Upon roll call, the motion was passed unanimously. RESOLUTION NO.97-80.APPEARS ON PAGE 492 OF ORD. AND RES. BOOK XIV PRIVILEGE LICENSES 172.5 Mayor Noland introduced a recommendation from the Finance Director regarding amendments to the City's privilege license regulations. 172.6 City Attorney McCord stated that the recommendation would require the adoption of five (5) different ordinances to amend the privilege license regulations. Director Osborne stated that it was his impression that the collection of these fees costs more than the amounts collected on them, and he felt that some of these fees should be increased. Mayor Noland noticed that the City does not get any revenue from dance hall licenses, but there are a number of establishments in town where dancing occurs. It was pointed out that these establishments have private club licenses and fall under different regulations. General discussion took place on the elimination of some fees and the increase of others. 172.7 City Attorney McCord read the ordinance regarding the abolishment of privilege license fees on pool halls, snooker parlors, domino parlors, bowling alleys, skating rinks, and coin-operated amusements. Director Noland, seconded by Director Osborne, 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 Mayor 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, and the City Attorney read the ordinance for the final time. Upon roll call, the ordinance passed by a vote of 5-0. ORDINANCE NO. 2841 APPEARS ON PAGE 10,- OF ORDINANCE & RESOLUTION BOOK XIII 172.8 City Attorney McCord read the ordinance for the first time regarding the increase in privilege license fees on rent -a -cars from $100.00 to $200.00 annually. Mayor Noland, seconded by Director Sharp 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 1 1 1 1 for the second time. Mayor Noland, seconded by Director Todd, 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 by a vote of 5-0. 173 ORDINANCE NO. 2842 APPEARS ON PAGE 95 OF ORDINANCE & RESOLUTION BOOK XIII City Attorney McCord then read the ordinance regarding the abolish- ment of privilege license fees on private security officers for the first time. Mayor Noland, seconded by Director Osborne, 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 a) ordinance for the second time. Director Osborne, seconded by Mayor (Y) Noland, made a motion to further suspend the rules and place the ordinance on third and final reading. Upon roll call the motion passed Q unanimously, and the City Attorney read the ordinance for the final time. Upon roll call the ordinance passed by a vote of 5-0. CO ORDINANCE N0. 2843 APPEARS ON PAGE gg OF ORDINANCE & RESOLUTION BOOK XIII 1 City Attorney McCord then read for the first time the ordinance regarding the increase of privilege license fees on pawn brokers from $50.00 to $300.00 annually. Mayor Noland, seconded by Director 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 Mayor 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, and the City Attorney read the ordinance for the final time. Upon roll call, the ordinance passed by a vote of 5-0. ORDINANCE NO. 2844 APPEARS ON PAGE 6/I OF ORDINANCE & RESOLUTION BOOK XIII City Attorney McCord then read the ordinance for the first time regarding the increase in privilege license fees on auctions and auctioneers from $2.50 to $25.00 each, or $100.00 annually. Director Osborne, seconded by Mayor Noland, 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 Director Osborne, 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 by a vote of 5-0. ORDINANCE N0. 2845 APPEARS ON PAGE 9y' OF ORDINANCE & RESOLUTION BOOK X/// RFP - LAND APPLICATION Mayor Noland introduced a request for proposals for a technical feasibility investigation of land application of municipal wastewater. In general discussion, Mayor Noland began by suggesting requesting a statement of qualifications of those interested parties, listing speci- fically their qualifications in relation to this specific project, their experience, competence and capacity for performance of this project, and their past experience generally. It was further suggested that the applicant be informed by cover letter from the City of Fayetteville, of the above-mentioned requirements, including the fact that the City is 173.1 173.2 173.3 173.4 1 7 4 looking for a firm with extensive experience in land application of muni- cipal wastewater on a large scale basis; that is, 12-15 million gallons per day. 174.1 Deadline for receipt of these Requests for Qualification was placed at August 19, 1982, and the Board will meet to discuss these proposals on August 24, 1982, at 2:00 p.m. It was also noted that the RFQ forms would be further refined at the next meeting of the Board. 174.2 Mayor Noland, seconded by Director Todd, made a motion to request the proposals for technical feasibility investigation of land applica- tion of municipal wastewater. Upon roll call, the motion was passed unan- imously. WATER AND SEWER COMMITTEE 174.3 It was determined that the Water and Sewer Committee would select those firms from the RFQ's who would receive RFP's. This would be done on Wednesday, August 25, 1982, at 2:30 p.m. Director Osborne, seconded by Mayor Noland, made a motion to select those qualified firms from the RFQ's at the August 25th meeting. Upon roll call, the motion was passed 5-0. FACILITY PLAN TO THE STATE 174.4 City Manager Grimes said that he has contacted Myron Knudson of the EPA to request an extension on submission of the Facility Plan, and City Manager Grimes felt the plan should be submitted as is, and later updated with the results of the land application study. 174.5 Mayor Noland asked what would be required to complete the Facility Plan and Carl Yates, of McGoodwin, Williams & Yates, Consulting Engineers, stated that some revisions needed to be made on the final flow bill and some additional information was needed in Chapter 4 concerning the screening process. 174.6 It was determined that the City would have the Facility Plan in to the State by the 16th of August, or be in violation of Administrative Order. 174.7 Mayor Noland, seconded by Director Todd, made a motion to adopt the the resolution approving of the submittal of the Facility Plan, with revi- sions, to the State. Upon roll call, the motion was passed unanimously. Upon further roll call, the motion was passed by a vote of 5-0. RESOLUTION NO. 98-82 APPEARS ON PAGE 498 OF ORD. AND RES. BOOK XIV INFORMATIONAL ITEMS STREET LIGHT ON CRESTW00D 174.8 Butch Shakelford, who lives at 1334 Crestwood, contacted Director Sharp and said that he and one of his neighbors wanted the street light removed that was proposed to have been placed near Lot 13 of Crestwood. Director Sharp told him to get signatures from his neighbors in favor of this action. The result of this is that the majority of the neighborhood wish the street light to be eliminated. 174.9 Director Sharp, seconded by Director Osborne, made a motion to remove the street light on Crestwood, near Lot 13. Upon roll call, the motion passed unanimously. 1 1 1 JAMES, ET AL. VS. SCHEDULED SKYWAYS, INC., AND CITY OF FAYETTEVILLE Director Osborne referred to the letter from J. Tucker Morse of Scheduled Skyways, Inc., directed to City Attorney McCord, in which Mr. Morse voiced concern over the estimated cost of construction by McClelland Consulting Engineers, Inc., of the airport noise barrier. Mr. McClelland indicated that he has been in contact with City Attorney McCord, and he recommended that City Attorney McCord request from Skyways the criteria under which the noise barrier would be built, in order that requirements are met to implement the instrumentation to be used by Skyways during future testing of the barrier. Director Osborne felt that the litigation should be dismissed, with 175.2 prejudice, once the noise barrier is constructed. City Attorney McCord CO indicated the trial is set for September 14, 1982. CO ROAD RUNNER - SIGN U Director Lancaster brought up the subject of the removal of the sign 175.3 CO owned by Road Runner, located on 347 North College, and its pending removal from that location. City Attorney McCord said that the Road Runner Company had been given thirty (30) days to remove the sign, and he said he would contact them again concerning that deadline. 175 175.1 1 SPECIAL BOARD MEETING Assistant City Manager McWethy called for a special board meeting to be scheduled to appoint a replacement for City Director Ann Henry. He indicated that the deadline for application to candidacy is Thursday, August 19, 1982, at 5:00 p.m. The applications will then be forwarded to the Board on August 20th. The special board meeting is now scheduled for August 25, 1982, at 2:00 p.m., to be followed immediately by the meeting of the Water and Sewer Committee. STATE ORGANIZATION OF TRAFFIC ENGINEERS/SUPERINTENDENTS City Manager Grimes made reference to the series of meetings being held at the Continuing Education Center by the above-mentioned organi- zation. The session on Public Official Liability on Traffic Control Devices to be held Wednesday, August 4, 1982, at 1:00 p.m., in Room 402, was to be attended by City Attorney McCord and City Manager Grimes. Members of the Board of Directors were invited. 175.4 175.5 175.6 APPROVAL OF MINUTES There being no amendments necessary to the minutes of the July 20, 175.7 1982 meeting, the Mayor declared them approved as submitted. ADJOURNMENT There being no further discussion, the meeting adjourned at 10:25 p.m. 175.8