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HomeMy WebLinkAbout1982-10-05 MinutesMINUTES OF A BOARD OF DIRECTORS MEETING fleeting of the Board of Directors was held on Tuesday, October 5, 1982, at 7:30 p.m., in Roan 107, of the Continuing Education Center, Fayetteville, Arkansas. PRESENT: Mayor Noland, Directors Lancaster, Todd, Osborne, Sharp, Johnson, and Bumpass; City Manager Grimes, Assistant City Manager McWethy, City Attorney McCord, and City Clerk Kelly; members of the press and audience. CALL TO ORDER Mayor Noland called the meeting to order and asked for a moment of 259.3 CO respectful silence. CO EMPLOYEE AWARDS ht- (� Mayor Noland presented awards for the Employees of the Month of September 259.4 CO to Angela K. Munson, Patrol Officer, Police Department; Charles Raney, Coil Q Filter Operator, Water & Sewer Department; and Dennis Taylor, Patrol Officer, Police Department. The Mayor thanked them for their continued good work for the City. SOLID WASTE IMPLEMENTATION PLAN/REPORT FROM HENNINGSON, DURHAM & RICHARDSON Mr. Louis Watts, Coordinator of the Resource Recovery Authority, spoke to the Board and indicated that several phases of the study had been per- formed regarding the resource recovery facility and the possibility of having one in Fayetteville. He added that Henningson, Durham & Richardson, in conjunction with McClelland Consulting Engineers, had completed Phase II of the Plan, which included the issuance of RFQ's (Request for Qualifications statements) and communicating with companies interested in providing the facility. He then introduced to the Board Mr. Jim Reynolds, PrQ7ect Manager, and Mr. Richard Bell, Assistant Vice President of HDR. 259 2591 259.2 1 Mr. Reynolds stated that he was appreciative of the opportunity to brief the Board on the report being submitted, and would refer to the high points in the report. He stated that Phase II was begun in May, 1982. This involved the development of risk posturing in order to give the negotiating communi- ties a better understanding of the situation in discussions with firms who were negotiating for the construction and operating contracts. added that a great deal of progress had been made in the areas of waste supply and energy purchase agreements. HDR had met with repre- sentatives of surrounding communities and showed them sample agreements, and discussed the advantages and disadvantages of each, in relation to their concerns for the future. He added that drafts of waste supply contracts and a steam purchase contract for the University will become more detailed as Phase III is developed. He stated that they will look very closely at the cost, the criteria for operating and the current available financing. 259.5 259.6 259.7 259.8 260 Director Todd asked whether HDR was seeking RFP's from successful firms, and Mr. Reynolds stated that they had solicited RFP's from 27 firms, but score of those firms had made a decision not to pursue 260.1 "small scale" projects. Of the group of firms looking at 100-500 tons per day range projects, they recommend the following firms, because of their technical expertise: Foster Wheeler Spec., Inc., Iahontan, Inc., and Vicon Recovery System, Inc. Mayor Noland stated that this report from HDR was the result of an ongoing effort since 1972. Mrs. Ann Henry, former City Director and current city representative on the Northwest Arkansas Solid Waste and Resource Recovery Authorities, who had been closely involved with this project, stated that HDR was assigned this project in 1981. Mr. Reynolds indicated that the final RFP's would be due by mid-December, followed by a request for submittal of a draft proposal to be discussed by HDR and the firm in question, followed by final submittal of their proposal around mid-February Evaluations should then be completed by April or May. Mr. Bell stated that construction is estimated to take 20-24 nuuths. 260.2 Mayor Noland pointed out that former City Director Ann Henry stated 260.3 that there were various carnality members who had been involved with this project in the audience, and he introduced Mr. Tan Wentzel, Mayor of West Fork, Mr. Bruce McCoy, Mayor of Elm Springs, Mr. Butch Bartholomew of West Fork and Mr. Dennis Wolford of Johnson. Mayor Noland added that County Judge Charles Johnson was also 260.4 present and Judge Johnson stated that he felt the HDR report was a good one and that he was pleased to see the Tipping Fee reduced from $50.00 per ton to $30.00 per ton. 260.5 Director Todd asked whether HDR anticipated any problem in meeting air pollution standards, and Mr. Bell indicated that the Arkansas pollution laws were relatively straight forward and that no environ- mental studies have to be performed. He added that the vendors feel they will have no problems meeting those standards. 260.6 Director Osborne asked the HDR representatives what their reaction was to the letter received by the Board from Alternate Energy Systems, Inc., and Mr. Bell responded that he felt the HDR report responded to that letter and he added that their opinions are based on the infor- mation submitted to the City which he felt assured that the firm chosen would be the most technically capable firm for the project. Mr. Charles Crow of Stephens Investment of Little Rock addressed 260.7 the Board and assured them that several financial options would be available, ranging from industrial revenue bonds to total private financing. He added that resource recovery has been considered a high-risk investment, but because of the increasing experience with the industry, the investment counselors are beginning to feel more comfortable with dealing in these ventures. He added that he is looking forward to working with this group on the successful financing of the project. 1 1 Director Todd wondered if terms had been negotiated into the contract for Phase III whereby the contract could be terminated along the way, if necessary. Mr. Reynolds pointed out that there is a provision in the contract for stopping at any time, for any consideration. Mr. Reynolds stated that some of the tasks to be performed in Phase III would include looking into the residue bypass landfill and determining if a contract can be worked out with the operator of the landfill, drafting and finalizing waste supply and steam purchase agreements with the University and the community, developing site data regarding the site located at Razorback Road and 6th Street, which would involve determining soil type, topography, location of utility lines, and determination of cost effectiveness of construc- tion. He added that details regarding the permitting process would need to be worked out for out-of-state contractors. Mr. Reynolds added that has HDR would work with a computer model on analysis of the 20 -year life cycle costs of the project. [n When Mrs. Henry asked whether a written request was necessary 261.3 Q with regard to payment of the City's proportionate share of the project, Director Todd stated that this aunount has been approved in the 1982-83 Sanitation. Budget. Mr. Al Drinkwater of Metropolitan Trust spoke to the Board and in- dicated his disappointment in being eliminated from the group of firms selected by HDR to receive RFP's. He stated that he felt his firm was extremely qualified and he wished to be given the opportunity to respond to HDR concerning their qualifications. City Manager Grimes made the recommendation that the Board accept the report at this time, but that Metropolitan Trust be given the opportunity to respond to HDR, and HDR would then determine if their report should be altered to include any other firms in their selected 261 261.1 261.2 group There being no further discussion, the Board was in agreement to accept the report of Phase II from HDR, with the understanding that additions or deletions could possibly be made in the future regarding the selected firms to receive RFPs. SIDEWALK REMOVAL/EASTGATE SHOPPING CENTER Mayor Noland introduced for further consideration a request by tenants of the Eastgate Shopping Center that the recently -installed sidewalk along the southside of Huntsville Road be removed at city expense and relocated on the north side of the road This matter had been tabled at the September 21, 1982 meeting, with the understanding that Nt. Harry Gray of Northwest Engineers, and Mr. Perry Franklin the City Traffic Superintendent would survey the situation and make their recommendations to the Board. They had recommended the painting of directional arrows at each entrance, painting of the sides of the sidewalk, restriping the parking lot to obliterate old parking lines, and the addition of a street light at the northeast corner of the lot. 261.4 261.5 261.6 261.7 262 Mr. Gray spoke to the Board and stressed very strongly the impact on the parking at the shopping center which has been effected by the installation of the sidewalk. He pointed out that the original 98 262.1 parking spaces had been reduced to 60 parking spaces. There was considerable discussion about the situation and 262.2 Director Bumpass made a motion that the sidewalk be removed at City expense. Mayor Noland pointed out that this notion would necessitate an amendment to the Master Sidewalk Plan to eliminate the sidewalk at that portion of Huntsville Road. There was no second to Director Bumpass' notion. 262.3 Director Bumpass then made a motion that the sidewalk be reproved at the expense of the Landlord -Tenant association at the Eastgate Shopping Center, with an amendment to the Master Sidewalk Plan to eliminate the sidewalk at that portion of Huntsville Road. There was no second to Director Bumpass' motion. 262.4 Director Bunpass made a statement that he felt that in seeking a certain quality of life in the City of Fayetteville the Master Sidewalk Plan was adopted, which attempted to place sidewalks where large scale development was taking place. While it was a good general principal, he felt that it had created some instances of danger to pedes- trians and hindrance of traffic flow. He added that the reduction of the parking spaces at the shopping center placed a heavy burden on the operators of business at the shopping center. He felt that the Planning Commission had been in error in this instance, but Mayor Noland, in defense of the Planning Commission, stated that it was the original decision of the City Board which was being carried out by the Planning Commission. 262.5 Mr Terrance Spencer, owner of the property in question, spoke to the Board and indicated that he wanted to do whatever was necessary to eliminate the sidewalk and the problems that it created. 262.6 After further discussion, Director Osborne, seconded by Director Bunpass, made a motion to permit Terrance Spencer, owner of the property, to remove the sidewalk on the southside of Huntsville Road, and reinstall it on the northside of Huntsville Road, and the Mexican Original Corporation would execute a Bill of Assurance that would state that when Highway 16 was widened, in the future, the sidewalk would then be reinstalled on the southside of Huntsville Road, complete with curbs and gutters, in compliance with the Master Sidewalk Plan. 262.7 With regard to right-of-way acquisition it was determined that since the right-of-way falls in the area of property owned by the Ridgeview Baptist Church, Mr. Raymond Mitchell, who is on the Board of Deacons of that church, would propose the acquisition to them at their regularly scheduled business meeting, to take place on October 6, 1982. 262.8 It was determined that the City Manager would be present for the removal of the sidewalk on the southside of Huntsville Road. There being no further discussion, upon roll call, the motion passed 7-0. 1 1 co N U m Q ENGINEER SELECTION/STREET IMPROVEMENTS Mayor Noland introduced a resolution authorizing the Mayor and the City Clerk to execute an agreement for engineering services with Northwest Engineers, in connection with improvements 263.1 to Rock and South Streets and West Avenue. 263 Mayor Noland added that Northwest Engineers was chosen by 263.2 the Professional Selection Committee, in conjunction with Board policy. There being no further discussion, upon roll call, the notion 263.3 passed 7-0. - RESOLUTION NO. 117-82 APPEARS ON PAGE /93 OF ORDINANCE & RESOLUTION BOOK X V BID AWARD Mayor Noland brought before the Board for approval an award of 263.4 a bid for the purchase of smoke detectors, under the Community Development Block Grant Program, to be installed by the Fayetteville Fire Department in the homes of law and moderate income persons. Mayor Noland stated that Upchurch Electric was the low bidder 263.5 at a cost of $12.03 per detector. Assistant City Manager McWethy stated that he had made price comparisons at some stores in the area and those prices ranged between $17.00 and $28.00 per unit. He added that Upchurch Electric units meet specifications. Director Todd made the suggestion that the City get an agree- 263.6 meat with Upchurch Electric for follow up testing after a year of operation. Assistant City Manager McWethy agreed that this would be done. Director Bummpass, seconded by Mayor Noland, made a motion to award the bid for the pruchase of sucke detectors to Upchurch Electric. 263.7 Upon roll call, the motion passed 7-0. APPLEBY ROAD/STREET IMPROVEMENT DISTRICT Mayor Noland introduced the ordinance establishing the Appleby 263.8 Road Street Improvement District. City Attorney McCord read the ordinance for the first time. 263.9 Mayor Noland, 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. In discussion which followed, Director Johnson had a question concerning the letter received from Mr. Nelson Driver, requesting that he be included as a commissioner. The ordinance had been previously amended to include the names of R.L. Younkin, David A. Bednar, and Wade Bishop as commissioners. Director Bummpass asked 263.10 26,1 whether Mr. Younkin had made a request, either in writing or in person, to be placed on the commission, and Mr. Mark Van Zandt, attorney with Lisle & Watkins, stated that it was his impression that Mr. Younkin 264.1 had made an oral request to be included as a commissioner. Director Lancaster reiterated that this Board had been ordered by the Court to approve the establishment of this improvement district, with the inclusion of M. Younkin, Mr. Bednar, and Mr. Bishop as commissioners. Director Todd, seconded by Mayor Noland, made a motion to further suspend the rules and place the ordinance on third and final reading. 264.2 Upon roll call, the motion passed unanimously, and the City Attorney read the ordinance for the final time. 264.3 Upon roll call, the motion passed 6-1, with Director Johnson in the minority. ORDINANCE NO. 2859 APPEARS ON PAGE I54 OF ORDINANCE & RESOLUTION BOOK X.0 ( SIGN APPEAL/PROCESS ONE OF FAYEITEVE LE 264.4 Mayor Noland introduced an appeal from Process One of Fayetteville, frau the literal provisions of the Sign Ordinance, which had been tabled at the meeting held on August 17, 1982. The proposed location of the sign is northeast of the intersection of Rolling Hills Drive and North College Avenue. 264.5 Director Osborne stated that he had been informed by Dr. Ben Isreal, landlord of the property in question, that an agreement was to be arranged among the tenants. City Attorney McCord stated that he had written to Dr. Ben Isreal 264.6 several weeks ago and Malco had responded to the Inspection Office and indicated that they were going to take action to come into compliance. The result of this appears in the agenda material, and indicated that Mateo requests that no action be taken against the sign at the Malco Theatre until the current lawsuit in the Supreme Court is settled. To reiterate, Mr. McCord stated that the case involves the facial consti- tutionality of the amortization process in general. Director Todd pointed out that the issue in question regarding the 264.7 appeal by Process One is a separate issue, and a simple one, and that is whether two signs can be placed at ane location. He feared the granting of this variance would set a precedent in matters of this type. 264.8 Mr. McCord repeated that the joint identification sign would be a solution to the problem. There being no further discussion, Director Lancaster, seconded 264.9 by Director Todd, made a motion to deny the appeal. Upon roll call, the motion passed 6-1, with Director Osborne in 264.10 the minority. 1 1 1 APPOINTMENTS Director Johnson stated that the Nominating Committee had met on October 4, 1982, and, as a result of that meeting, made the following nominations, subject to the approval of the Board. Advertising & Promotion Committee - Unexpired term of Peter Darabaris, ending April 1, 1982, the appointment of Claude Prewitt. Electrical Licensing Board - Two positions previously held by John Ambrose and John Lindsay, ending October 1, 1982, the reappointment of John Ambrose and the appointment of Oscar Titus 00 Director Bumpass, seconded by Mayor Noland, made a motion to approve 265.4 CO the recommendations of the Nominating Committee. Upon roll call, the motion passed 7-0. U CO DEVELOPMENT IMPROVEMENTS Mayor Noland introduced an ordinance authorizing a developer to 265.5 execute a Bill of Assurance to guarantee payment of the proportionate share of off-site improvements. City Attorney McCord recommended the following minor changes to the revised ordinance, as recommended by the Street Committee at their meeting of September 29, 1982. Under Section 1(b), Delayed Improvements, the wording would be altered to read, "said bill of assurance shall be filed of record, and shall be a covenant running with the land; said bill of assurance, or performance bond, shall provide for payment of interest." 265 265.1 265.2 265.3 1 Director Osborne, seconded by Director Bumpass, made a motion to approve the amendment to the ordinance. Upon roll call, the amendment to the ordinance passed 7-0. In general discussion, Director Sharp asked if the cost of the improvements were less than the Bond, would the developer get a refund. Mr. McCord stated that this had not been discussed prior to preparation of the draft ordinance, but stated that the ordinance currently provides that the Planning Commission make the determination of the amount of the contribution the developer shall be required to make. He further suggested that the Board reach a legislative decison concerning the adoption of the ordinance at this meeting, with the amendment previously passed, and perhaps discuss the possibility of refunds at a later time. The City Attorney then 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 Bumpass, 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. Prior to roll call, it was determined that the Board would discuss the issue of the possibility of refunds to the developer at their November retreat. 265.6 265.7 265.8 265.9 265.10 2166 Upon roll call, the ordinance passed 7-0. ORDINANCE NO. 2860 APPEARS ON PAGE 158 OF ORDINANCE & RESOLUTION BOOK x111 266.1 APPROVAL OF 1982-83 WATER & SEWER BUDGET A resolution was introduced to the Board authorizing the approval of the 1982-83 Water & Sewer Budget, as recommended by the Finance Committee on September 28, 1982. 266.2 Director Johnson asked for clarification regarding an item on the Personnel Schedule regarding the salary and number of employees in the positions of Meter Reader I and Utility Service Representative. Mr. Scott Linebaugh, Finance Director, responded that this number of employees can be clarified by a simple transposition of the two numbers 266.3 266.4 266.5 Director Todd asked what the duties were of a Utility Service Representative and Mr. Linebaugh stated that those individuals were involved in customer service duties. There being no further discussion, Director Osborne, seconded by Mayor Noland, made a motion to authorize the resolution approving the 1982-83 Water & Sewer Budget. Upon roll call, the motion passed 7-0. RESOLUTION N0. 118-82 APPEARS ON PAGE 113 OF ORDINANCE & RESOLUTION BOOK XV SIDEWALK WAIVER REQUEST/OOLLEGE CLUB DAIRY 266.6 Mayor Noland stated that the Street Committee had wished to report to the Board regarding a request by College Club Dairy for a waiver from the provisions of the Master Sidewalk Plan. 266.7 Director Sharp, Chairman of the Street Committee, stated that the Committee felt that College Clib Dairy should grant a Bill of Assurance that a sidewalk would be built at the call of the City, as has been done with other properties in that area 266.8 Director Sharp added that the City has a Bill of Assurance on the Kelly property, west of the College Club Dairy, and has one on the produce company across from Drake's Cafe. There being no further discussion, Director Osborne, seconded by 266.9 Director Todd, made a motion to grant the Bill of Assurance to College Club Dairy. Upon roll call, the motion passed 7-0. 1 1 1 REQUEST FOR WAIVER OF RIGHT-OF-WAY The Chairman of the Street Committee, Director Sharp, reported to the Board regarding a request by Arnold Distributing Company for a waiver of the street right-of-way- dedication requirements for property located at the intersection of College Avenue and Lafayette Street. Director Sharp stated that a dedication would be required on Tafayette, but not on College Avenue, because it was the view of the Committee that it is not realistic to require right-of-way on the built-up section of College Avenue. There being no further discussion, Director Bumpass, seconded by Director Johnson, made a motion to approve the recommendation of the Street Committee to grant the waiver of street right-of-way requirements along College Avenue to Arnold Distributing Company. CO Upon roll call, the motion passed 7-0. N U WAIVER OF COMPETITIVE BIDDING CO Mayor Noland introduced an ordinance waiving competitive bidding Q requirements to allow the sale of a used police car to the Washington County Sheriff's Office, for $3,000. City Manager Don Grimes stated that this is a unit that was in the process of being retired, and the Sheriff's Department was in need of a vehicle, and they seek to purchase this one. City Attorney McCord read the ordinance for the first time. Director Bumpass, seconded by Director Johnson, 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 Bumpass, seconded by Director Osborne, 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. Upon roll call, the ordinance passed 7-0. ORDINANCE NO. 2861 APPEARS ON PAGE I(ol OF ORDINANCE & RESOLUTION BOOK X I l I JOINT USE AGREEMENT/BURLINGTON NORTHERN RAILROAD Mayor Noland introduced a resolution authorizing the Mayor and the City Clerk to execute a joint use agreement with Burlington Northern Railroad, in connection with the extension of Razorback Road, from Highway 62 West to West Fifteenth Street. There being no discussion, Director Bumpass, seconded by Director Johnson, made a motion to authorize the execution of the resolution and agreement. Mayor Noland stated that the railroad is responsible for the main- tenance of the actual crossing. Upon roll call, the motion passed 7-0. RESOLUTION NO. 119-82 APPEARS ON PAGE Oki OF ORDINANCE & RESOLUTION BOOK _LV 267 267.1 267.2 267.3 267.4 267.5 267.6 267.7 267.8 2 6 S SURFACING OF PARKING LOT Mayor Noland introduced a resolution authorizing the expenditure of approximately $13,000 in off-street parking funds to surface the parking 268.1 lot bounded by Block and East Avenues and Rock Street on the south. Director Sharp, Chairman of the Street Committee, stated that there 268.2 was discussion on this and the City Manager recommended that any surfacing that would be done would be for a period of about five years. in that the Phase II of Southside will be in that area and at that point in time the Southside Association could be required to deck the lot. Director Sharp added that since the City is renovating City Hall, expanding from one floor to four, for a total of about 30,000 square feet, the city requirement for new construction states that there be one parking space alloted for each 300 square feet of offices, which would equal 100 spaces. 268.3 City Manager Grimes stated that this surfacing would necessitate a temporary loan frau the General Fund to the Off -Street Parking Fund in the amount of $8,400, in order to complete this project. 268.4 Director Todd asked how this parking would /elate to the parking problems raised in recent meetings by Director Binpass, and Director Surpass stated that the expenditure of these funds would certainly improve the look of that area, and was bound to have sane useful life over a period of five years City Manager Grimes added that this parking lot would have three 268.5 rows of short-term meters, one row of long-term meters, and two rows of the gated portion of the lot (at the south end), and estimated revenues from the long-term parking would be $12,000 per year, for operation of that portion alone. 268.6 Director Bunpass stated that since it was such an inexpensive project relative to what revenue it might bring in, that he would be in favor of this expenditure. 268.7 There being no further discussion, upon roll call, the notion passed 6-1, with Director Todd in the minority. City Attorney McCord stated that the City has a lease agreement 268.8 with the parking district whereby the parking district leases to the city so that the city can inforce the city's parking regulations, and the city in turn pays gross revenues, and for this reason, a resolution should be authorized approving the modification of the existing lease agreement to include this lot in question. 268.9 Director Osborne, seconded by Director Noland, made a motion to approve this resolution modifying the lease agreement with the parking district, to include this parking lot in question. Upon roll call, the motion passed 7-0. RESOLUTION NO. 120-82 APPEARS ON PAGE Jig OF ORDINANCE & RESOLUTION BOOK )(1/ 1 co co U co Q TAX LEVY Mayor Noland introduced an ordinance levying the real and personal property taxes within the City of Fayetteville. 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 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 motion passed 7-0. ORDINANCE NO. 2858 APPEARS ON PAGE I50 OF TEE ORDINANCE & RESOLUTION BOOK XIII AMENDMENT TO MASTER SIDEWALK PLAN Mayor Noland introduced an ordinance amending the Master Sidewalk Plan269.3 of the City of Fayetteville to change the location of sidewalks along Villa Boulevard, Adobe Street, Barcelona Avenue, Sierra Avenue, Arroyo Avenue and Valencia Avenue. 269 269.1 269.2 There being no discussion on this amendment to the ordinance, City Attorney McCord read the ordinance for the first time. Director Osborne, seconded by Mayor Noland, made auction 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. 269.4 Upon roll call, the motion passed 7-0. ORDINANCE NO. 2864 APPEARS ON PAGE Il0 OF ORDINANCE & RESOLUTION BOaflat` PROPOSED DF7FTION OF CLEAR CREEK FROM ANNEXATION BALLOT The Board heard arguments from several residents of the Clear Creek 269.5 area who strongly oppose this annexation. These residents fear that their water service, currently being received frau Springdale, will be jeopardized by the annexation by Fayetteville. There was also opposition voiced by Mr. Jim Lindsey, developer, 269.6 who feared that he would not be given any water taps to his developments in that area proposed to be annexed by the City. Mayor Noland was concerned because he felt by deleting this annexa- 269.7 tion there was the possibility that in development of those subdivisions in that area there was the possibility that faulty spetic tanks could contaminate Take Fayetteville. He added, however, that if this did occur while the Clear Creek area was in the City of Fayetteville city limits, then the city could help to control that problem, which couldn't be done if the area which was to be annexed remains in Springdale. 270 Director Johnson, seconded by Director Osborne, made a nation to 270.1 remove this proposed annexation site frau the November ballot. 270.2 City Attorney McCord read the ordinance for the first time. Director Osborne, seconded by Director Bumpass, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the nation 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. 270.3 Director Osborne suggested that a member of the City Staff contact the City of Springdale to try to work out a mutually accept- able agreement. If was determined that City Manager Grimes would contact Mayor Charles McKinney of Springdale for the purpose of examining the boundaries of this proposed annexation area to see if there are sane possible existing tradeouts. 270.4 The ordinance was left on third and final reading. OTHER BUSINESS Autumn Fest 270.5 Mayor Noland referred to a letter directed to the City Manager from Mr. William Jackson Butt, III, seeking permission of the City of Fayetteville for certain Autu i Fest activities, to take place on October 21, 22, 28, and 29, 1982, between the hours of 2:00 p.m. and 8:00 p.m. Their request specifically asked to set up crafts displays on the Square. 270.6 City Manager Grimes said that this would not be permissible, unless the Board of Directors would agree to amend the existing Ordinance No. 2846. 270.7 The Board of Directors agreed to do so. 270.8 City Attorney McCord read the ordinance for the first time. Mayor Noland, seconded by Director Johnson, made a nation 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 Bupass, 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. 270.9 Upon roll call, the motion passed 7-0. ORDINANCE NO. 2861 APPEARS ON PAGE RA OF ORDINANCE & RESOLUTION BOOK Xlll 1 PROPOSED CONTRACT WITH METCALF & EDDY, INC./LAND APPLICATION STUDY 271 Director Bumpass asked City Attorney McCord whether he had had an opportunity to review the proposed contract with Metcalf & Eddy, Inc., and M. McCord stated that he had, and that he had discussed some proposed changes with City Engineer, Don Bunn. Sane of the proposed changes are- Both parties agree mutually to waive any rights which each may have against the other with respect to subrogation under any insurance policy relating to services or work performed under the agreement; 'Ihe agreement may be terminated by either party by seven days written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the termi- CO nating party If the agreement is so terminated, the Engineer shall CO be paid for all work performed to the date of termination according to the provisions of Article 5. In the event of termination, the Engineer's U fixed fee shall be prorated based upon the percentage of his work CO completed. Q The Agreement may be terminated by the City if the Engineer concludes that land application, either whole or in part, will not be a feasible alternative for management of the City's wastewater effluent. In this case the City may terminate this agreement with one day's written notice. Costs for engineering services shall be paid, including a portion of the fixed fee, in accordance with the preceding paragraph. All documents, including original drawings, designs, plans, estimates, specifications, field notes and data developed by the Engineer under this Agreement shall remain the property of the City whether the project for which they are made is executed or not; provided however, that the foregoing material be used only for purposes with respect to this Project and provided further than the Engineer may retain, for his files, duplicated copies of any of said materials. Director Osborne, seconded by Mayor Noland, made a motion to authorize the execution of the resolution, and contract, with the proposed amendments. There being no further discussion, upon roll call, the motion passed 7-0. RESOLUTION NO. 121-82 APPEARS ON PAGE /a0 OF ORDINANCE & RESOLUTION BOOK XV 1 Hilton Parking Lot Director Todd stated that the issue of parking should be reviewed in the overall review of the downtown parking situation. He added that he had requested Scott Linebaugh, Finance Director, to furnish infor- mation on the record of billings and payments on the valet lot. He agreed that the Board should review this information at a later meeting. 271.1 271.2 271.3 • 271.4 271.5 271.6 271.7 271.8 272 Director Osborne stated that the attorney for the Hilton had requested an opportunity to appear with a representative of the Hilton 272.1 to respond to any questions that may arise. It was determined that this would be discussed at the next meeting 272.2 of the Finance Committee and that a report would then be presented to the Board at a later meeting. Bill of Assurance with Arkansas Western Gas 272.3 Director Sharp stated that Arkansas Western Gas Company had requested a long-term Bill of Assurance from the City of Fayetteville, and this was discussed at the meeting of the Street Committee, and the consensus was that rather than give than a long-term bill of assurance, they would give them a bill -of -assurance for one year, and budget the City's portion into the Street Department's budget for next year 272.4 This bill of assurance is in conjunction with the paving of 1100 feet of Armstrong Avenue in the Industrial Park, a portion of which will be built for heavy traffic. 272.5 It was determined that they would need to obtain a Building Permit and it was also determined that the City Attorney would cortact than to discuss this. Meeting 272.6 Director Bumpass scheduled a meeting of the Advertising & Proration Committee for October 13, 1982, at 3:30 p.m., at the Continuing Education Center. Ordinance Waiving Competitive Bidding 272.7 City Manager Grimes requested the approval of the Board of an ordinance waiving competitive bidding in conjunction with repair work to be done on flood damaged areas of Elizabeth Avenue. 272.8 City Attorney McCord read the ordinance for the first time. Mayor Noland, seconded by Director Johnson, made a motion 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. Mayor Noland, seconded by Director Bumpass, made a motion to further suspend the rules anc place the ordinance on third and final reading. Upon roll call, the notion passed unaninosuly, and the City Attorney read the ordinance for the final time. 272.9 Upon roll call, the motion passed 7-0. 272.10 The Virginia Street drainage project, which had been included with the other projects, was deleted by the Directors and will be taken care of at a later date 272.11 Director Bumpass, seconded by Director Johnson, made a motion to delete the Virginia Street project from the ordinance as proposed Upon roll call, the motion passed 7-0. ORDINANCE NO. 2863 APPEARS ON PAGE \9 ORDINANCE & RESOLUTION BOOK XR 1 Minutes The Board of Directors and the City Attorney asked for the following changes to the minutes of the meeting of September 21, 1982: 244.6 - At the end of this paragraph, add the following, ",which he contended was the most important issue in considering a rezoning petition." 245.1 - Change the carding in this paragraph to read, "Mr. McCord respectfully disagreed with Counsel Rose's contention that "highest and best use" is the controlling factor in a rezoning case. He stated that under the Arkansas Supreme Court cases an existing zoning classi- fication must permit a reasonable use of the property in question, 03 not the most profitable use of the property Other factors to be con - CO sidered are the availability of essential public services, the effect that development would have on dangerous traffic conditions, as well as the most compatible use of the property, taking into account existing U uses of surrounding property. 273 Q229.2 - Proposed Annexation of Site 3 - The right-of-way along Highway 112 (Garland Avenue), which runs through the University of Arkansas Experimental Farm. This motion to delete failed, by a vote of 4-2, and should have been included on the November ballot. 246.2 - Change the word "additional" to "adequate." 240.4 - Director Todd voted in the minority, therefore vote 6-1. 1 1 ADJOURNMENT There being no further business, the meeting adjourned at 11:40 p.m. 273.1 273.2 273.3 273.4 273.5 273.6 273.7 273.8