HomeMy WebLinkAbout1982-09-07 Minutes1
MINUTES OF A BOARD OF DIRECTORS MEETING
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A meeting of the Board of Directors was held on Tuesday, September
7, 1982, at 7:30 p.m., in the Board of Directors Room, City Administration
Building, Fayetteville, Arkansas.
PRESENT: Directors Sharp, Noland, Bumpass, Johnson, Lancaster, Todd,
and Osborne; City Manager Grimes, Assistant City Manager MeWethy, City
Attorney McCord, and City Clerk Kelly; members of the press and
audience.
OATH OF OFFICE - DIRECTOR MARILYN JOHNSON
Judge Charles Williams, Municipal Court Judge, presided over the
swearing in ceremony for Director Marilyn Johnson. Director Johnson's
husband, two children, and parents were present for the ceremony.
CALL TO ORDER
Mayor Noland called the meeting to order and asked for a moment
of respectful silence.
The Mayor noted that several members of the University of Arkansas
Journalism Class taught by Mr. Reed were present for this session.
EMPLOYEES OF THE MONTH
Mayor Noland presented awards to the three Employees of the Month
for August, 1982. They are: Siegle L. Bell, Patrolman, Jay Pense,
Maintenance Chief, and Jack Scroggins, Construction & Maintenance Foreman.
Mayor Noland thanked these employees for their continued excellent
performance as employees of the City of Fayetteville.
SETTLEMENT - AIRCRAFT NOISE/DRAKE FIEID
City Attorney McCord addressed the Board regarding the two pending
lawsuits involving the City of Fayetteville. The Chancery Court action
seeks an injunction against stationery aircraft engine testing during
the nighttime hours; the Circuit Court action seeks monetary damages
from the City of Fayetteville and Scheduled Skyways for that testing.
Mr. McCord stated that the Chancery Court case is scheduled for trial
September 14, 1982. Counsel for the Plaintiffs, Gordon Cummings, had
submitted a settlement offer which has been reviewed by Skyways and
the City Attorney, and as a result of strenuous negotiations, counsel
for Skyways, and counsel for the Plaintiffs presented the settlement
offer, which resulted in the dismissal with prejudice of all pending
litigation. The settlement offer before the Board at this date amends
the previous settlement offer to provide the City of Fayetteville 12
months, rather than 10 months, to construct a noise barrier consistent
with the recently -completed Noise Abatement Study. In the event a
noise barrier is not constructed within that 12 -month period, the Curfew
Ordinance will become effective, prohibiting stationery engine run-up
testing between the hours of 11.00 p.m. and 6:00 a.m., rather than
between the hours of 11:00 p.m. and 5:00 a.m.
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In that the City Board was agreeable to the settlement, a
resolution was introduced to authorize the Settlement Agreement,
206.1 as modified.
Director Todd, seconded by Director Sharp, made a nation to
206.2 accept the resolution and Settlement Agreement, as modified.
Upon roll call, the motion passed 7-0.
206.3 RESOLUTION N0. 104-82 APPEARS ON PAGE 3S' OF THE ORDINANCE AND
RESOLUTION BOOK XV
Mayor Noland then called for the reading of the attendant
206.4 ordinance.
City Attorney McCord read the Ordinance for the first time.
Director Todd, seconded by Director Bumpass, made a nation to
206.5 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 Todd, seconded
by Director 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.
206.6 Mr. McCord noted that this ordinance will not affect landings
or takeoffs.
Upon roll call, the ordinance passed by a vote of 7-0.
206.7 The Settlement Agreement and Orders of Dismissal with Prejudice
were executed by Attorney for the Plaintiffs, Gordon Cummings, and
Attorney for Scheduled Skyways, Connie Clark. It. Cunnings stated
that he felt the permanent solution to the problem would be the
construction of the noise barrier and he voiced the hope that the
funding would be forthcoming. He asked again that Skyways continue
the "good neighbor" policy begun this date by minimizing as much as
possible the run -ups for the next year.
ORDINANCE NO. 2851 APPEAR ON PAGE 113 OF THE ORDINANCE AND
RESOLUTION BOOK XII 1
AIRPORT LEASE WITH CAUDLE AIR FREIGHT
206.8 Mayor Noland introduced a resolution authorizing the execution
of a Lease Agreement with Caudle Air Freight, for an 18' x 58' area
and an associated 800 -square foot parking lot, for $200 per month.
206.9 City Manager Grimes, speaking for Airport Manager Hogue, noted
that this lease incorporates the Lease Agreement of May 18, 1982,
increasing the terms from $165.00 per meth, to $200.00 per month.
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Director Noland, seconded by Director Lancaster, made a motion
that the resolution and Lease Agreement be exectuted, as modifed. 207.1
Upon roll call, the notion passed 7-0.
RESOLUTION NO. 105-82 APPEARS ON PAGE 46C OF ORDINANCE AND
RESOLUTION BOOK XV
PUBLIC HEARING
Mayor Noland opened the meeting to a public hearing regarding 207.2
annexation of certain property into the Central Business Improvement
District.
City Attorney McCord stated that the Central Business Improvement 207.3
District had been formed approximately two years ago for the purpose
of renovating the downtown business district. Under the enabling
legislation, the CBID can issue tax exempt bonds for the purpose of
financing refurbishings to existing buildings, and the promotion of
the redevelopment of the downtown area.
Mayor Noland mentioned that the property in question is located 207.4
at the west side of North College Avenue, between Nadow and Center
Streets.
Mr. McCord continued that under the enabling legislation the
Central Business Improvement District can be expanded from its
original boundaries by the petition of contiguous property owners.
And he commented that an abstract certificate in the agenda material
reflected the fact that the annexation petition has been signed by
tut -thirds of the property owners within the district.
Mr. McCord further stated that the petition before the Board
this date is similar to that which was previously approved for the
property owners of the Mountain Inn Hotel, for improvements to the
Inn:
There being no additional continents, Mayor Noland called for
the reading of the ordinance to annex this certain property.
City Attorney McCord read the ordinance for the first time.
Director Noland, seconded by Director Sharp, made a -notion to
suspend the rules and place the ordinance on second reading. Upon
roll call, the notion passed unanimously, and the City Attorney read
the ordinance for the second time. Director Bumpass, seconded by
Director Todd, made a notion 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.
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207.8
Before roll call on the ordinance, Mayor Noland called for 207.9
further discussion on the ordinance.
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208.1 Representative for the proponents, Robert Sly of Northwest
National Bank, stated that the bank's intention was to construct
a bank building on the lot previously occupied by Northwest National
Bank's motor bank, and the lot immediately north of that lot. He
further stated that this additional property which is in the annexed
area is the necessary property between the current boundaries of the
CBID and the Northwest National Bank property. He reiterated that
1007/ of the property owners have signed the petition in question.
208.2 Director Bu pass verified that the enabling legislation allows
for new construction.
208.3 Director Todd stated that the downtown rehabilitation shows the
efforts being made to enhance the city, but he fears that the annexa-
tion might add to the parking problem in the downtown area, and he
hoped that some provision would be made for parking. Mr. Sly stated
that they had been before the Planning Commission and the Board of
Adjustment regarding the matter of parking.
208.4 There being no further discussion, upon roll call, the ordinance
passed 7-0.
ORDINANCE NO. 2852 APPEARS ON PACE Me OF ORDINANCE AND
RESOLUTION BOOK XIII
HEAD START CENTER/LEASE AGREEMENT
208.5 Mayor Noland introduced a resolution authorizing the execution
of a lease agreement with the Economic Opportunity Agency of
Washington County, Inc., for a Head Start Center.
208.6 Mayor Noland stated that funding for this project is generated
by Community Development.
Director Bumpass, seconded by Director Noland, made a motion to
208.7 accept the resolution authorizing the execution of the lease agreement
Mayor Noland called for further discussion on the resolution and
208.8 lease agreement.
Director Sharp referred to Section 4 of the lease agreement and
208.9 the use of the wording, "The Lessor may then lease said facility to
a third party to operate a Head Start Program." He had the opinion
that the wording should be altered since, as stated, it is too
limiting in nature.
208.10 Director Osborne agreed that this section should be reworded and
should be changed to read "to operate a qualified program."
208.11 Director Todd commented that he felt the word "Fayetteville"
should be inserted in two places in Section 13 of the lease agreement,
to clarify this section with regard to those eligible to use the
facility.
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Assistant City Manager Mcwethy pointed out that in Section 4, 209
the wording "a neighborhood facility," seeped to cover this point.
However, it was determined to include the use of the word
"Fayetteville" in Section 13 of the Lease Agreement. 209.1
Director Osborne, seconded by Director Noland, made a motion
to execute the Lease Agreement, as modified.
There being no further discussion, upon roll call, the motion
passed 7-0.
RESOLUTION NO. 106-82 APPEARS ON PAGE 57 OF ORDINANCE AND
RESOLUTION BOOK XV
AGREEMENT WITH ARCHITECTS FOR DESIGN OF HEAD START CENTER
Mayor Noland introduced a resolution authorizing an agreement
with Design Direction, for the design of the Head Start Center.
Director Bumpass, of the Selection Committee, stated that the
Committee had met and had made their selection in compliance with
the City's "professional services" selection procedure.
Director Bumpass, seconded by Director Osborne, made a motion
to authorize an agreement with Design Direction for the design of
the Head Start Center.
Director Sharp asked the amount of the fee involved, and
Director Bumpass stated that the fee was not to exceed $7,500,
and would include supervision of the construction, as well as the
design of the center. Assistant City Manager McWethy interjected
that the precise figure, including plans and design specifications,
is $6,650, plus $1,000 for construction management.
City Attorney McCord would draft the appropriate contract with
the Board's approval on services and fees
Director Bumpass stated that a location has not been selected
but he had contacted the staff of the Fayetteville School District
regarding the possible location of the center on school property.
There being no further discussion, the motion passed 7-0.
RESOLUTION 111-82 APPEARS ON PAGE 74- OF THE ORDINANCE AND
RESOLUTION BOOK XV
APPEAL - R&P ELECTROPLATING
Mayor Noland introduced an appeal by R&P Electroplating for an
extension to the deadline for compliance with the City's Sewer Use
Ordinance.
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Representing R&P Electroplating were Mr. Kenneth Pummel and 209.12
Attorney Don Elliott, Jr.
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Mr. Elliott stated that the Environmental Protection Agency
had given him the assurance that an extension date granted by the
210.1 City of Fayetteville would not be detrimental to final approval
by the EPA of the pre-treatment program Mr. Elliott had
requested this assurance in writing, but the EPA said this
assurance by the EPA had to be requested by a letter from the
City of Fayetteville.
Mr. Elliott reiterated the regulations, as adopted by the
210.2 City, which are the same as those adopted by the EPA in 1979,
that is, that the electroplating industry had to have pretreated
water sewage by October 12, 1982, and he noted that this had been
incorrectly stated in the newspaper to be by August 12, 1982, and
he wanted it to be known that R&P Electroplating was not out of
compliance. Since 1979, he stated that the EPA has extended the
date for compliance, and the most recent extension was in September
of 1981 to January 28, 1984. Mr. Elliott wanted to stress that R&P
Electroplating was not asking for a lessening of the standards
regarding the heavy metal content, simply an extension on the date
for compliance with the City's Sewer Use Ordinance.
Mr. Elliott read from the Federal Register, Vol. 46, No. 170,
210.3 page 43973, dated September 2, 1981, which stated that this exten-
sion would enable the EPA to complete its regulatory impact analysis
of the general pre-treatment program, before the industry commits
funds to comply with electroplating standards. This analysis may
suggest that the electroplating standards or the related provisions
of the general pre-treatment regulations should be modified. Mr.
Elliott also stated that these regulations were promulgated without
any public notice.
As a result of these EPA regulations, Mr. Elliott stated that
210.4 a local engineering firm had made a study to determine what type
of equipment would be necessary to comply with the ordinance and
what the cost of the equipment would be. It was determined that
it would be approximately $800,000 to put this pre-treatment
equipment into operation. Mr. Elliott stated that due to the size
and nature of R&P's operations, these regulations could make R&P
economically vulnerable, in these difficult economic circumstances.
He stated that he had applied for bond money through the Arkansas
Development Industry Commission in Little Rock. The result of
that pending application is that at the current rate of amortiza-
tion, over a period of ten years, the cost to R&P Electroplating
to comply with the industry standards could reach approximately
$9,000 per month, which could put a company the size of R&P out
of business.
210.5 Mr. Elliott cited paragraph 4 of his letter, dated August 13,
1982, addressed to the Board of Directors, which outlined the
impact pre-treatment by R&P Electroplating would have on the heavy
metals loading into the City's wastewater treatment plant. He felt
that the results of the McGoodwin, Williams and Yates study differed
from the results reached by R&P regarding the impact of the pre-
treatment on the wastewater treatment plant.
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coThere was further discussion on these evaluations which have already 211.3
N taken place, with particular referance to the studies completed by Dr.
O David Parker, which were based on a 5 -day study. The City Engineer felt
that the monitoring should be for a longer term than 5 days, and the other
CO Board members were in agreement.
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Mr. Elliott appealed to the Board for an extension to January 28,
1984, to comply with the City's Sewer Use Ordinance. He said that
R&P has every intention of meeting that deadline, and that they will
continue their application process through the Arkansas Development 211.1
Industry Commission, in order to obtain bond money.
Director Bumpass referred to the memorandum from Don Bunn, City
Engineer, dated August 17, 1982, directed to the Board of Directors,
in which Mr. Bunn referred to the installation by R&P of monitoring
facilities. Mr. Bunn agreed with the Board members that the uouitoring 211.2
should enable the City to know what the volume of heavy metals into the
sewage system by P&P is and make an analysis of what level of contribu-
tion R&P might be making to the heavy metals problem.
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Director Sharp referred again to City Engineer Bunn's memorandum in
which he stated that "this action by the EPA possibly relaxing the cate-
gorical standards in regard to the electroplating industry would not
relieve the City from its responsibility to meet the heavy metal limita-
tions set by ordinance for both the effluent and the influent to the City's
pollution control plant, nor would it relieve R&P Electroplating from
their responsibility to comply with the City's Sewer Use Ordinance."
Director Todd, Chairman of the Water & Sewer Committee, said that
he felt the general consensus by the City Engineer and others, was that
the implementation schedule which had been set for installation by
October 12, 1982 should stand firm. He reiterated that he feels strongly
that the ordinance should stand.
Mr. Kenneth Pummel spoke to the Board and pointed out that R&P
over the years has adopted a program whereby any heavy pollutants are
retained less than 90 days, and are hauled off, and put into injection
wells. Any type of heavy metal pollutant which would alter the figures
presented to the Board of R&P's impact study would be discharged into
injection wells.
With regard to uuuitoring the water system, Mayor Noland proposed
this be done for a period of two or three mouths.
Director Sharp, seconded by Director Noland, made a motion to
grant a 30 -day extension of the deadline to November 12; 1982, during
which time the City Engineer would monitor and analyze the samples
of the water system, followed by review of those results by the Water
& Sewer Committee. The Water & Sewer Committee would report to the
Board at the meeting of November 23, 1982.
City Attorney McCord would prepare the Ordinance for the November
23rd meeting.
Upon roll call, the motion passed 6-1, with Director Todd in the
minority.
RESOLUTION NO. 123-82 APPEARS ON PAGE 138 OF ORDINANCE AND
RESOLUTION BOOK XV
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UPDATE OF THE CITY'S GENERAL LAND USE PLAN BY NORTHWEST REGIONAL
PLANNING COMMISSION
Mayor Noland introduced a resolution authorizing the Northwest
Arkansas Regional Planning Commission to proceed with an update of
the city's General Land Use Plan, stating that the first phase of
212.1 the update has $10,000 allocated from the 1982 budget.
bir Larry Wood, Director of the Northwest Arkansas Regional
212.2 Planning Commission, spoke to the Board. He stated that the Planning
Commission has reviewed the basic goals and policies of the Plan
to determine any need for changes in terms of the direction of
overall goals, and if there are areas of the city which need to be
changed in terms of the land use that has been previously suggested.
212.3 He further stated that the Commission wanted to look into the
zoning ordinance on subdivision regulations, in general terms. He
mentioned some problem areas in the past years have been the attempt
to try to simplify the use unit categories and to try to prepare
some general guidelines for the developing public to utilize, such
as brochures on how to process a large scale development, how to
process a subdivision through the Planning Commission, and also
through the City Board of Directors.
212.4 Mr. McCord asked whether this update would include updating the
Land Use Plan for extra -territorial planning jurisdiction in the event
that the county does adopt a zoning ordinance for our designated plan
area Mr. Wood said that was not Initially in their Fork activity,
but that it was discussed, and could be included as part of the update.
Director Todd stated that Mr. Wood performed special studies of
212.5 particular areas in Fayetteville in the past and he wondered if this
update was along those lines, in a mule comprehensive manner, and Mr.
Wood stated the update would be more detailed.
Mayor Noland asked if the residual HUD uouey could be used in
212.6 conjunction with the City's funds, and W. Wood stated that the
availability of that money ceased August 31, 1982. Mr. Wood said
that CDBG funding was still a possibility for the City to use as a
means to update the Plan. It could be included as a part of the CDBG
package, possibly at same later date
212.7 Director Todd, seconded by Director Osborne, made a motion to
accept the resolution authorizing the Northwest Arkansas Regional
Planning Commission to proceed with an update of the City's General
Land Use Plan.
212.8 Upon roll call, the motion passed 7-0.
RESOLUTION NO. 108-82 APPEARS ON PAGE (Ip OF THE ORDINANCE AND
RESOLUTION BOOK XV
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EASEMENT GRANTED - ARKANSAS WESTERN GAS
Mayor Noland introduced a resolution granting Arkansas Western
Gas Company a ten foot utility easement along the south side of the
Garland Street Fire Station property, to replace a 2" plastic gas 213.1
line.
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Director Osborne, seconded by Director Noland, made a motion to 213.2
accept the resolution.
Mayor Noland called for further discussion.
Director Todd felt that the Board should have some assurance
that if there is any damage done to the Fire Station or foundation
that the gas company would put it in good order, since it was adja-
cent to where the work would be done.
City Manager Grimes referred to the Right of Way Grant under
the "TO HAVE AND TO HOLD" segment, which reads, "Grantee shall pay
all actual damages to fences and/or any other improvements located
on the herein described land which are caused by the exercise of
the rights herein granted;".
Upon roll call, the motion passed 7-0.
RESOLUTION NO. 107-82 APPEARS ON PAGE 57 OF THE ORDINANCE AND
RESOLUTION BOOK XV
NORTHWEST ARKANSAS RESOURCE RECOVERY AUTHORITY - "STEP II" PROJECT
Mayor Noland introduced a resolution authorizing the payment of
$2,766 for Fayetteville's share of the administrative salary costs
of the Northwest Arkansas Resource Recovery Authority's "Step II"
Pr47ect.
Director Bunpass, seconded by Director Osborne, made a motion
to accept the resolution.
Mayor Noland asked for any comments or questions concerning
this matter.
City Manager Grimes stated that Statements of Qualifications
have arrived at his office from six firms interested in constructing
the facility. The City's consultants are reviewing those quali-
fications and will make their recommendations of those firms
from which quotes should be requested. Mr. Grimes expected that list
of qualified firms would be before the Board in early October. Mr.
Grimes also said that the firm selected could also propose to perform
a total package, that is, financing, constructing, and operation,
and that that fact looked promising.
Upon roll call, the motion passed 7-0.
RESOLUTION NO. 109-82 APPEARS ON PAGE („) OF ORDINANCE AND
RESOLUTION BOOK XV
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BID AWARDS
Bid Nos. 501-A and 502
Mayor Noland placed before the Board the awarding of Bid
Nos. 501-A, for oxygen vaporizers and regulators for the Water &
Sewer Department, and Bid #502 for a material spreader for the
Street Department.
Director Todd, seconded by Director Osborne, made a motion to
accept Bid Nos. 501-A and 502.
Sturman Mackey, Purchasing Agent, stated to the Board that
the vaporizers are on a month-to-nunth basis. In this way, the
City would not be forced to pay for cylinders which are not in
use The vendor on Bid No. 501-A, Jimmie Jones Company, was also
in agreement on these terms.
Director Todd stated that the material spreader, to be provided
by R.A. Young & Son of Ft. Smith, would be helpful at times of ice
and snow.
Upon roll call, the motion to award Bid Nos. 501-A and 502
214.5 passed 7-0.
Retroactive Award of Bid
Mayor Noland placed before the Board a retroactive award of
214.6 a bid to Midwestern Telephone, Inc., for roving telephone cable,
jacks and other equipment to the Interim City Hall, necessitated
by remodeling of the City Administration Building, and he intro-
duced an ordinance waiving competitive bidding requirements for
the moving of telephone equipment back to the renovated City Hall.
City Attorney McCord read the ordinance waiving competitive
bidding for the first time. Director Noland, seconded by Director
Buipass, 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 Burpass, seconded by Director Johnson, made a motion to
further suspend the rules and place the ordinance on third and
final reading. Upon roll call, the notion passed unanimously,
and the City Attorney read the ordinance for the final time.
Upon roll call, the ordinance passed 7-0.
ORDINANCE N0. 2853 APPEARS ON PAGE 1111 OF THE ORDINANCE AND
RESOLUTION BOOK XII l
214.7
214.8
RATIFICATION OF SALE OF SEWER PIPE TO UNIVERSITY
214.9 Mayor Noland called for the ratification of the sale of 260'
of used sewer pipe to the University of Arkansas.
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Director Bumpass, seconded by Director Osborne, made a
motion to ratify the sale.
Upon roll call, the notion passed 7-0.
ENGINEERING CONTRACT/MILHOLIAND ASSOCIATES - FLOOD DAMAGED AREAS
It had previously been suggested by Director Todd that some of
the City's construction needs, particularly as a result of flood
damage, could be handled by private contractors, in order to expe-
dite the completion of that construction.
Director Sharp, Chairman of the Street Committee, said that
the Street Committee had authorized Street Superintendent Powell
and City Manager Grimes to speak with Mr. Mel Milholland and to
seek a proposal for designing and overseeing the construction of
streets.
City Manager Grimes said that in his meeting with Mr. Milholland
he had proposed an engineering contract which would include simple
specifications, in order to obtain some competitive quotes on the
work to be performed.
Street Superintendent Powell said that he had visited the
sites and felt that it would involve a lot of field engineering.
He said that the cost of this and other engineering work could be
itemized on an hour -by -hour basis.
Director Todd wondered what the estimated completion time was
for the first three items, on Exhibit A, of this engineering contract,
and Mr. Powell stated that he felt these items could be completed
within 30 days. Director Bumpass voiced the necessity for completion
before the winter months.
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Director Lancaster, seconded by Director Bumpass, made a motion 215.7
to accept the resolution and contract with Milholland Associates.
Upon roll call, the motion passed 7-0.
RESOLUTION NO. 110-82 APPEARS ON PAGE (not. OF THE ORDINANCE AND
RESOLUTION BOOK XV
OTHER BUSINESS
Letter from HUD to Mayor Noland
Mayor Noland referred to the complimentary letter he received
regarding the documentation made by Community Development on HUD
Program Guide HUD 399, and Environmental Review Procedures.
215.8
216
City of Fayetteville vs. Mays (Complaint)
Mayor Noland asked City Attorney McCord if any additional action
216.1 was necessary by the Board in this matter. He stated that the
Kentucky Fried Chicken lawsuit has been filed, in that several
attempts to notify them by letter had failed. They have been served
a Warning Order, which requires publication four times in a newspaper
of general circulation, so it does take some time to complete this
judicial process, but the mechanisms are under way.
Board Meetings Scheduled for CEC
216.2 Mayor Noland complimented Assistant City Manager McWethy on the
fine detailed arrangements he had t rked out for the Board of Directors
meetings to be held at the Continuing Education Center
Washington County Historical Society Petitions
Mayor Noland was assured by Director Sharp that 4% of the sales
216.3 tax was earmarked for the Performing Arts Center. It was decided
that the petitioners were misunderstanding the position of the City.
216.4
216.5
Letter frau Beaver Water District
It was determined that the increase in water rates would be dis-
cussed at the meeting of the Finance Committee, and Director Todd
felt that if the 20% increase was passed thru, that the increase might
have a great effect on the cost per gallon. Director Todd felt that
it should be factored in when reviewing the Black & Veatch study.
PCBs
There was discussion regarding the correspondence included in the
agenda material from Sunohio, regarding the notification to state and
local officials where the process of PCBs is to be utilized.
Mr. McWethy mentioned an instance in the recent past when a toxic
216.6 waste hauler had disposed of the toxic waste by dumping it into the
sewer.
Director Todd agreed that it was a dangerous situation, and he
216.7 proposed that the Police Department be alerted to this fact so that
they would handle this situation if it occurred in the future.
Director Lancaster said that these haulers should be informed to
specify to the City the times they will be passing through town.
Newspaper Article, dated August 16, 1982, regarding the Highway Billboard
Act
216.7
The Board determined that this act before the Congress was worthy of
opposition. City Attorney McCord said it was a complete reversal of the
original Beautification Act.
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Director Todd, seconded by Director Osborne, made a motion that
the City Board go on record as opposed to this change.
It was decided that the City Attorney would draft a letter, for
the Mayor's signature, objecting to the billboard legislation currently
before the Congress.
Upon roll call, the notion passed 7-0.
Bishop v. City Motion and Opinion
There was rich discussion by the Board members on the short amount
of time involved with this particular court decision, less than 60 days.
(Y) City Attorney McCord explained that the action which was brought in
the case was a Mandamus Action. There is a statute that requires the
V court to conduct a hearing on a Mandamus Petition within ten days from
the date the original petition is filed. In this particular case, Attorney
m Jack Butt was able to have the court schedule a hearing as part of a
Q statute and the law is unclear in the areas for which it was ruled upon
In that there may be an appeal in this case, the City Attorney had 217.5
not prepared the ordinance in question for the Board.
League of Women Voters Seminar
Mr. McWethy noted that Director Johnson would be attending the
League of Gomen Voters Seminar scheduled for the week of September 13th
Additional Requests for Waiver of Competitive Bidding - Interim City Hall
Purchasing Agent, Sturman Mackey, made a request for an additional
ordinance to waive competitive bidding for the installation of electrical
and telephone conduit and wiring to the new Interim City Hall.
Mr. Mackey stated that the vendor performing the trenching was to
be Fayette Tree & Trench, Inc., and the vendor to install the electrical
and telephone conduit was to be Northwest Electric, Inc.
Mr. McCord chose to incorporate the two requests into one ordinance 217.9
waiving competitive bidding, in accordance with the low quotes received.
City Attorney McCord read the ordinance waiving competitive bidding
for the first time. Director Osborne, 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 for the second time. Director Osborne,
seconded by Director Sharp, 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.
217
217.1
217.2
217.3
217.4
217.6
217.7
217.8
217.10
218 There was some discussion initiated by Director Sharp on the
permanence of this equipment. Assistant City Manager McWethy
responded that the electric power for the telephone switching
218.1 gear will be placed permanently in the Interim City Hall building.
Director Bunpass asked which account would be used for this
218.2 and Mr. McWethy stated that it would be the account and figures
approved by the Board, either City Hall Renovation or Interim City
Hall. Mr. McWethy said that after much discussion on the movement
of the phone system, it had been determined that the cheapest way
was to construct the switch roan at the Police Station, move it one
time, and leave it, rather than moving back and forth.
218.3 Director Bunpass added that in conversation with Chief Jones,
the Chief had asked that the proposals for the Interim City Hall
(when it is used by the Police Department) should include a proposal
for a new cam nication system. Director Bunpass thought the Chief
was referring to a new radio system specifically. Mr. McWethy said
the infrastructure would be available at that time to handle telephone
needs, future security needs, as well as closed circuit television.
Mr. McWethy also mentioned that the building for housing the
telephone equipment should cost approximately $2,000.
218.4 There being no further discussion, Mayor Noland asked for roll
call on the ordinance waiving canpetitive bidding.
218.5 Upon roll call, the ordinance passed 7-0.
ORDINANCE NO. 2854 APPEARS ON PAGE j Z OF THE ORDINANCE AND
RESOLUTION BOOK XII I
Keller Property Demolition
218.6 City Attorney McCord stated that at the last Board Meeting,
the Board had tabled the matter of this property demolition, in
order for Mr. McCord to contact their counsel. Mr. McCord has
determined that their counsel is Attorney Murphy, and he will
contact him between this date and the date of the next regularly
scheduled Board Meeting.
Property on South Washington
218.7 Director Lancaster asked about the property located on S.
Washington, and Mr. McCord stated that a Default Decree has been
entered and the recam endation to the Board is that the structure
not be torn down until the appeal tine has run, which will be in
about ten days Mr. McCord assures they will not file an appeal
Traffic Flow Parking - Downtown Area, Vicinity of Courthouse
218.8 Director Bunpass stated that he has been serving on the
Washington County Jail Advisory Cannittee, and the User's
Subca nittee, and he made reference to the discussions that the
Board has had regarding the City's attitude on helping out the
traffic flow around the Courthouse, if a site is selected, or to
leave the situation as is. He stated that it seemed to be
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the consensus of the Board that the City would help with moving
traffic flow, either by closing streets, or perhaps reconstructing
some streets around the area, but there seemed to be no formal
reference in past minutes reflecting that fact. Director Lancaster
mentioned that he thought this was discussed while the Board was
on a Board tour.
Director Bumpass asked that the minutes of this meeting reflect
the fact that the Board is of one mind in this matter and is eager
to cooperate with the county in those areas.
Director Osborne, seconded by Director Noland, made a motion to
request the Mayor to write a letter to County Judge Charles Johnson,
reiterating the City of Fayetteville's willingness to assist the
County in construction of streets and the improvement of traffic flow
around the Courthouse facilities.
219
219.1
219.2
219.3
Upon roll call, the motion passed 7-0.
Police Department Commendations
Director Bumpass, as Chairman of the Police Committee, took the
opportunity to express his sincere appreciation to the Police 219.4
Department and Chief Bob Jones, on the excellent way they handled
the apprehension which took place on Raven Drive on August 28-29,
1982. Director Bumpass read the names of those persons involved in
this effort, and he was joined by the other Board members and the
City Manager in his expression of appreciation.
Those individuals involved in this arrest were• Police Chief 219.5
Bob Jones, Captain Bill Foster, Lieutenant Eldon Roberts, Sargeant
Rick Hoyt, Officers John Brown, Kenneth Martin, Charles Clapp, Mary
Mueller, Steve Champion, Charles Johnson, Jim Helder, Tommie Hartwick,
and Dennis Taylor. It was also mentioned that assistance was offered
by the County and the State Police. Ozark Electric Cooperative
assisted by disconnecting the electric service to the address on Raven
Drive. "Sampson" of the Canine Corps was also used in this apprehen-
sion and proved to be very effective.
Director Todd added that he hoped the Board's apprecition would 219.6
be communicated to the Police Department.
Bid Openings - City Hall Renovation
Director Sharp said that the bid openings for City Hall Renovation 219.7
took place on Friday, September 3rd. He mentioned that Director
Bumpass was present for that meeting, and the bids were brought in as
expected.
In that some deductive alternates had been put into the bid 219.8
opening, such as the greenhouse, revolving doors, replacement of
windows with Thenmopane, etc., Director Sharp and Director Bumpass
called for a Special Meeting of the Board of Directors to discuss the
bid tabulations regarding the City Hall Renovation.
220
220 1
The Special Board Meeting was set for Monday, September 13,
at 2:30 p.m., in the City Administration Building.
Director Bumpass stated that he had hoped the architects could
220 2 further clarify the unit pricing and some of the options that are
available on this bid tabulation.
220.3
Finance Committee Meeting
Chairman of the Finance Committee, Director Osborne, scheduled
a meeting of that committee for Thursday, September 9, 1982, at
12:00 p.m., to review the Sanitation Budget.
Rescheduling of Future Board Meetings
220 4 The meeting of the Board of Directors scheduled for Tuesday,
November 16, 1982, was changed to November 23, 1982, to enable
certain members of the community to view the showing of The Blue
& The Gray, and also to enable other members of the community to
attend the Arkansas Municipal League meetings scheduled that week
in Hot Springs.
220.5 Director Osborne, seconded by Director Noland, made a motion
to reschedule the November 16th Board Meeting for November 23, 1982.
Upon roll call, the motion passed 7-0.
220.6 It was also mentioned that there would be a light agenda for
the Board of Directors meeting on November 2nd, election night.
Annual Report to the People
220 7 Assistant City Manager Mcwethy asked the Board members if
there were any corrections to the text of the 1983 Report to the
People. He mentioned that deadline for getting it to the printer
is November 4th, and the Annual Report would therefore include the
election results
220.8 Director Bumpass thought that the reference to the swimming
pool which appears in the Annual Report to the People should be
altered to indicate that the pool is "proposed."
NINUTES
220.9 There being no additions or deletions to the minutes, the
minutes were approved as circulated.
ADJOURNMENT
220.10 'there being no further business, the meeting was adjourned at
10:00 p.m.
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