HomeMy WebLinkAbout1982-12-21 MinutesMINUTES OF A BOARD OF DIRECTORS MEETING
A meeting of the Board of Directors of the City of Fayetteville was held
at 7:30 p.m., on December 21, 1982, in Room 107, Continuing Education Center,
Fayetteville, Arkansas.
PRESENT: Mayor Noland, Directors Sharp, Bumpass, Johnson, Lancaster, Todd,
and Osborne; City Manager Grimes; Assistant City Manager McWethy, City
Attorney McCord, City Clerk Kelly; members of the press and audience.
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CALL TO ORDER
Mayor Noland called the meeting to order and asked for a moment of 351.3
respectful silence.
CO ANNEXATION
(� Mayor Noland called for further consideration of an ordinance calling 351.4
m for a referendum on the question of annexing certain territory into the
Q City. City Attorney McCord stated that if an annexation ordinance were
adopted by the Board, to take to a vote of the people, the ordinance would
have to specify boundaries pertaining to the annexation territory.
In discussion, Mr. David Henson, a resident of Highway 45 East, stated 351.5
his opposition. Mayor Noland stated that the annexation would afford Mr.
Henson and his neighbors fire protection, police protection, and solid waste
pick up, for a charge of 9 mils of tax. Mr. Henson felt that there was
some question as to whether fire plugs could be installed in this area,
due to the size of the existing water pipe.
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Another resident of the area, Dr. Richard Meyer, indicated that the
City did not have tankers of sufficient water holding capacity (1600-2000
gallons) to protect the dwellings in the region. Dr. Meyer indicated that
maps he had reviewed were inconsistent with regard to boundaries. He pro-
posed the development of a district or zone in which the residents of the
area could reach an accord and maintain the area in its present condition
for some appropriate length of time, and after an appropriate length of
time, possibly a period of five years, that accord could be reviewed.
Director Bumpass asked the City Attorney what type of control the City
has under the existing legislation regarding land located outside the City's
corporate limits. City Attorney McCord stated that under the enabling legis-
lation the only authority the City has is control of the development of the
land, and that the Ctty has no authority to regulate the use of the land.
He added that the City could impose site improvements to protect drainage
for the required street improvements.
Director Lancaster, seconded by Director Osborne, made a motion to
authorize the preparation of an ordinance directing the boundaries of
this proposed annexation of certain terriotry as 600 feet either side of
Highway 45, from the existing city limits to the top of Slaughter Mountain.
Director Bumpass stated that one of the reasons he is not in favor
of the annexation is the widespread disagreement of homeowners in the pro-
posed area. A resident of the area estimated that approximately 75% of the
homeowners were against the prospect 6f annexation.
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352 Mayor Noland asked the City Attorney about the proposal by Dr. Meyer
to form a district comprised of the residents of this area, and City
352.1 Attorney McCord stated that Dr. Meyer seemed to be referring to restric-
tive covenants, which would require the approval of all the landowners
in the affected area.
352.2 There being no further discussion, upon roll call, the motion to
authorize the preparation of this ordinance failed by a vote of 4-3,
with Directors Lancaster, Todd and Osborne voting in the minority.
RETIREMENT OF DIRECTOR JOHN TODD
352.3 Mayor Noland stated that Director John Todd was retiring after
several years of service to the City of Fayetteville as Mayor and
Board member. He was presented with a plaque in appreciation of all
of his good service to the City since 1974.
FLUORIDATION REPORT
352.4 Mayor Noland introduced Mr. Richard Starr, Director of the Beaver
Water District, who was representing BWD, McGoodwin, Williams & Yates
Consulting Engineers, and Bennett Construction Company, concerning the
problems associated with the operation of the equipment used to fluori-
date Fayetteville's water supply.
352.5 Mr. Starr outlined the report he had presented to the Board on
various delays, malfunctions of equipment, etc. in order to gain fluor-
idation in the water supply. The Board had passed the Fluoridation
Resolution on August 15, 1978, and two years were spent coordinating the
other communities in the area on the project. He stated that at June 15,
1981, the contractor was unable to meet a delivery schedule for equip-
ment and was granted an extension, requested by the engineer, followed
by additional problems of receiving equipment and, when received, the
equipment did not meet engineer specifications. He cited numerous
component failures in the attempt to defluoride, and he added that these
failures were being handled by the contractor, and by the engineer, under
the warranty. Mr. Starr stated that the Beaver Water District had met
with the City of Fayetteville and the engineer on October 22 and November
19, in order to expedite the correction of the problems. The system was
running on water on December 15, and as of December 21, the system is
fully operational and the BWD is feeding fluoride. Mr. Starr concluded
that failures of this type are not uncommon.
352.6 When Director Johnson asked who was responsible for costs incurred
in getting the system operational, Mr. Starr stated that the contractor
can be made to pick up equipment failures due to materials and equipment,
but not normal maintenance problems such as failure on pump valves. Mr.
Starr stated that he would continue to keep the City informed on the
operation of the fluoridation program.
REPORT FROM THE WARNER CABLE COMMITTEE
352.7 Mayor Noland called for a report from the Warner Cable Committee
from its Chairman, Director John Todd.
352.8 Director Todd opened his remarks by quoting the Mayor of Reading,
Pennsylvania, from an article which appeared in an industry magazine,
as follows: "Anybody looking at our cable franchise through today's
more sophisticated eyes would have to think that somebody either got
paid off, or we were too dumb to deserve what we have now." Director
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Todd stated that this may be appropriate for the City of Fayetteville to
put things into proper context. The development of cable TV in the past
few years has been phenomenal, and he added that the findings of the Cable
TV Committee cannot be viewed as fault finding of either the franchisee
or the City officials, but should be recognized as consequences of the
comparison of the technology at the point when the franchise was made and
the state of the art today.
Director Todd recognized the diligent efforts of the Warner Cable TV
Committee members, Woody Charlton, Stan Krueger, Laurel Krystal, and Ray
Shipman, in conjunction with the City Attorney, Assistant City Manager, and
City Clerk. He said they had served faithfully and made a tremendous amount
of quality input into this work.
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Director Todd summarized the Findings & Recommendations of the Committee 353.3
CO stating that they are available to the public for review.
1. The Committee recommends the consideration of the formation of an
U Advisory Cable TV Commission to develop goals and standards of performance 353.4
CO for cable TV in Fayetteville, as well as to deal with complaints and special
Q projects. Director Todd referred again to the magazine article which described
the cable TV operation in East Lansing, Michigan. He quoted, "We created by
ordinance a citizens commission that is largely advisory but also has some
substantive authority with respect to cable operations. Frankly, being wise
politicians we'd prefer not to get into all the fights between the cable
company and citizens. The cable commission takes much of that load off
the council and in addition develops a great deal of expertise and a great
deal of capacity to deal with the company."
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Director Todd stated that the Committee is also recommending that our
membership in the Cable Television Information Center be renewed, as a primary
source of information dealing with the cable TV industry and ongoing
developments.
2. The Committee recommends the development by the City of performance
standards which reflect the technical capabilities now available in the
industry and development of a timetable for the implementation of these
standards. The Committee had requested an overview of Warner -AMEX' long-
range plans toward achieving a state-of-the-art system in Fayetteville, and
he added that their reply is clear that they do not have anything of sub-
stance planned. This is something that could be handled by the Advisory
Cable Commission.
One of the main problems which had been identified in the Committee's
research was the limited number of channels and the limited variety of
programming. Those channels that are being suggested for elimination are
designated by the FCC as "must carry" stations. The City Attorney is
seeking relief on some of the lesser viewed stations through correspondence
with the FCC, which should be pursued in order to provide additional pro-
gramming for the City of Fayetteville. The franchisee should be encouraged
to program the one existing unused channel on the converter in order to
provide this expanded programming.
3. The Committee recommends that any rate adjustment should be reviewed
relative to some of the other rates in other areas, bearing in mind that some
of the newer franchises have the benefit of advanced technology.
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354 4. The Committee recommends that efforts continue to achieve state-
wide news programming either in the form of news from Little Rock TV
354.1 stations or improved coverage by local stations. This would afford our
community better involvement in statewide affairs.
354.2 5. The Committee supports the proposition that Fayetteville Open
Channel should continue to be provided a channel by Warner -AMEX for
public access to the community.
354.3 6. The Committee has voiced a desire for demonstration of greater
sensitivity and responsiveness in programming decisions on the part of
the franchisee.
354.4 7. The Committee recommends that the current franchise agreement
be considered for revisions. He added that the ordinance in effect in
East Lansing, Michigan is a well drawn document and the City Attorney
stated that it might be helpful to contact East Lansing to obtain a
copy of their ordinance which perhaps specifies the Advisory Commission's
responsibilities and authority. He added that it might serve as a
useful guideline. Mayor Noland concluded that this might be helpful
to the Board in reaching a decision on whether to establish the Advisory
Cable TV Commission.
354.5 Attorney for Warner, Mr. Lynn Wade, spoke to the Board and stated
that the technological advances in the industry would continue and that
Warner would continue to improve their service to the community and
looks forward to an ongoing relationship.
354.6 The Board determined to defer action on the formation of the
Advisory Cable TV Commission until they have reviewed the ordinance
being utilized in East Lansing.
CD CONTRACT/RESOLUTION
354.7 Mayor Noland introduced a resolution authorizing the Mayor and the
City Clerk to execute a contract for engineering services with McClelland
Consulting Engineers, Inc. for the design of a soccer field and softball
field in Walker Park North, for a total price of $7,895.47.
Community Development Director Carlisle said this area totals 7 acres,
354.8 so there is the possibility that another soccer field could later be
constructed. This contract is for landscape engineering in that the
area is heavily wooded and has to be engineered for proper drainage.
354.9 Director Osborne, seconded by Director Sharp, made a motion to
authorize the execution of this resolution and contract.
Upon roll call, the motion passed by a vote of 7-0.
RESOLUTION NO. 147-82 APPEARS ON PAGE ;59 OF ORDINANCE & RESOLUTION BOOK
XV
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ENGINEERING CONTRACT/RESOLUTION
Mayor Noland introduced a resolution authorizing the Mayor and the City
Clerk to execute a contract for engineering services with Northwest Engineers,
for the design of a sidewalk along the east side of Mission Boulevard, from
North Street to Woodlawn.
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Community Development Director Carlisle is in the process of completing 355.2
a survey of low and moderate income families in that area, and lacks the
necessary 51% for compliance. She would obtain the remainder in two weeks time.
Mayor Noland stated that he felt uneasy about the construction of the 355.3
sidewalk on the east side of Mission Boulevard, due to the location of some
of the yards in the area. City Manager Grimes stated that a feasibility study
CO could be done to determine the proper location and the costs involved. He
feels that this study could be detailed and would furnish the answers to
these questions.
0 Director Johnson, seconded by Director Osborne, made a motion to table 355.4
m this resolution for a two week period, with an instruction to the City
Q Manager to proceed with the feasibility study_
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Upon roll call, the motion passed by a vote of 7-0.
WASHINGTON MOIINTAIN/ACQUISITION OF PARK LAND
Mayor Noland called for further consideration of a negotiated settlement
for the acquisition of one parcel of park land on Washington Mountain; and
authorization to initiate condemnation proceedings for the other.
Director Sharp stated that the lower Grimes property is 6.5 acres, but
the total tract is approximately 16.5 acres. He felt that one option that
could be considered would be the acquisition of the 6.5 acres, and building a
street, with an easement to get to the back of this property. He added that
it might also be possible to buy the remaining acres for less money than the
cost of building that street, and place the parking area at the end of East
Farmers Avenue. He stated that the option of acquiring the remaining 10
acres should be considered, and the additional acquisition of the pinnacle
area at a later date. He added that these negotiations would be coordinated
with the Parks & Recreation Board.
In discussion, Mr. Larry Lomis, a resident of Sandra Drive, stated that
he was submitting a petition from the residents of Sandra Drive, One Mile
Road, Velda Court, and Old Farmington Road.for paving and drainage improve-
ments on their streets. It was the view of these residents that these
improvements were preferred to the acquisition of park land for their use.
Community Development Director Carlisle stated that she had surveyed
228 households in the area to verify income as low -moderate, and of those
228 surveyed, 141 have responded. There are twelve children living in the
trailer park in this area, along with numerous college students.
Director Sharp, seconded by Director Todd, made a motion to authorize
the acquisition of the 6.5 acre parcel, in conjunction with the terms out-
lined previously by the Assistant City Manager
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356 Director Bumpass questioned the feasibility of operating this park land,
due to the low numbers of households which would benefit from the park. He
356.1 reiterated the views of Mr. Lomis concerning improving the streets in the
area as a priority item.
356.2 Upon roll call, the motion to acquire the 6.5 acre parcel passed by
a vote of 5-2, with Directors Bumpass and Johnson voting in the minority.
356.3 It was determined that the Board would negotiate the possibility of
future acquisition of the remaining 10 acres, as well as the pinnacle area.
Community Development Director Carlisle would investigate the possibility
of placing Sandra Drive, One Mile Road, Velda Court, and Old Farmington
Road on a priority list for future street improvements.
RESOLUTION NO. 152-82 APPEARS ON PAGE 295 OF ORDINANCE & RESOLUTION BOOK XV
SWIMMING POOL/REHABILITATION/REPLACEMENT OPTIONS
356.4 In discussion of the replacement or rehabilitation of the Wilsnn Park
swimming pool, City Manager Grimes stated that Mr. Byron Boyd of Brennan -
Boyd Construction Company, Inc. had revised the estimate of construction
of the swimming pool, bathhouse and wading pool to $700,000.
356.5 The cost for satellite pools (82.6' x 45') would be: basic structure,
$150,000; land, $50,000; parking, utilities, etc., $50,000. Mr. Grimes
added that Dale Clark, Director of Parks & Recreation, had stated that 1982
operational expenses for the existing pool totalled $29,925.57, and he felt
each satellite pool would operate at approximately $20,000 annually.
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356.7
Regarding rehabilitation of the existing pool, Mr. Grimes furnished
figures which total approximately $250,000, and he added that the recommen-
dation from Northwest Engineers is to replace the concrete shell with
a gunite type of material. This cost would approximate $50,000. Mr.
Grimes added that some of the add-ons, such as the redwood decking, could
possibly be trimmed to cover these costs. The rehabilitation would involve
removal of concrete deck, fence and wading pool, removal of cracked section
of pool floor, sandblasting, repair of existing gutters, installation of new
piping and fittings, installation of new drain lines, repainting pool,
building new wading pool, installation of new deck, and rehabilitating bathhouse.
Mr. Grimes said that the Parks & Recreation Department is considering
the use of vending machines as concessions, and Beverly Melton of the Parks
& Recreation Board stated that they have hired an adult to manage the pool
who is currently employed by the public schools and has the ability to raise
interest in using the pool.
356.8 Director Todd raised the question of the problems that could occur due
to the creek running beneath the pool and City Manager Grimes said that
Northwest Engineers would look into this factor. City Manager Grimes stated
that Mr. Richard Naylor could be employed to continue the required testing
of the concrete shell of the pool. He added that he has donated approxi-
mately 100 hours of his time for this purpose. Mr. Grimes would report to
the Board nn the approximate number of hours and dollars necessary to
accomplish this task.
356.9
Director Lancaster, seconded by Director Osborne, made a motion to
pursue the rehabilitation of the pool at Wilson Park, along the proposed
cost estimates.
Upon roll call, the motion passed by a vote of 7-0.
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APPEAL OF SIGN ORDINANCE
Mayor Noland introduced a requ€st from Petitioners, Steve Anderson and C.
Odell Taylor, for an appeal from the literal provisions of the Sign Ordinance.
The petitioners are requesting permission to erect a free-standing "professional
nameplate" sign, in a district zoned R-0.
The petitioners asked for a variance from the set back requirements
because the sign would be blocked by trees.
There being no further discussion, Director Lancaster, seconded by Director
Johnson, made a motion to grant this variance from the literal provisions of
the Sign Ordinance to the petitioners, subject to the sign being placed in
line with the trees.
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CO Upon roll call, the motion passed by a vote of 7-0.
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V VEHICLE IMMOBILIZATION ORDINANCE
COMayorNoland introduced an ordinance authorizing the immobilization of any
vehicle that its illegally parked, after the operator has been given five
parking tickets.
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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 by a vote
of 6-0, with Director Bumpass being absent for this vote. Director Johnson,
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
by a vote of 6-0, with Director Bumpass being absent for this vote. The City
Attorney read the ordinance for the final time.
In discussion, City Attorney McCord stated that he was comfortable with
the constitutionality of the ordinance and the enforcement would be the
responsibility of the Police Department and the Traffic Department.
There being no further discussion, upon roll call, the ordinance passed
by a vote of 6-0, with Director Bumpass being absent for this vote.
ORDINANCE NO. 2882 APPEARS ON PAGE,Ze OF ORDINANCE & RESOLUTION BOOK xIU
PARKING RATE INCREASE
Mayor Noland stated that the City Manager and the Traffic Department
Superintendent recommended that the metered parking rates in the downtown
area be changed from 10¢ per hour to 10¢ per 30 minutes/20¢ per hour.
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 motion resulted
in a vote of 4-2, with Director Bumpass being absent for this vote, and
the ordinance was left on first reading.
STREET COMMITTEE REPORT
Street Committee Chairman Sharp introduced a request to vacate a platted
but unopened portion of Sain Street.
City Attorney McCord read the ordinance for the first time. Mayor
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3 5 S Noland, seconded by Director Johnson, made a motion to suspend the rules
and place the ordinance on second reading. Upon roll call, the motion
358.1 passed by a vote of 5-1-1, with Director Bumpass being absent for this
vote, and Director Todd voting in the minority.
358.2
In discussion, Mayor Noland stated that Sain Street is north of
Arkansas Western Gas Company, and to extend it further would mean that
another bridge would have to be built across that street.
Director Johnson, seconded by Director Osborne, made a motion to
358.3 further suspend the rules and place the ordinance on third and final
reading. Upon roll call, the motion passed by a vote of 5-1-1, with
Director Bumpass being absent for this vote, and Director Todd voting
in the minority.
358.4
Director Sharp, seconded by Director Osborne, made a motion to amend
the ordinance to include the notation that a cul de sac and curbs and
gutters would be constructed to City specifications.
358.5 The City Attorney read the ordinance, as amended, for the final time.
Upon roll call, the ordinance and amendment passed by a vote of.5-1-1,
with Director Bumpass being absent for this vote and Director Todd voting
in the minority.
ORDINANCE NO. 2883 APPEARS ON PAGE AO OF ORDINANCE & RESOLUTION BOOK XIII
In another matter, Sarah's Country Store had requested authorization
358.6 to enter into a Bill of Assurances to guarantee the installation at a
later time of a sidewalk along North College Avenue. Director Sharp
stated that the matter had been previously tabled and that all the
directors had not had an opportunity to visit the site.
358.7
Director Lancaster, seconded by Director Osborne, made a motion to
table this matter until the next meeting of the Board.
Upon roll call, the motion to table passed by a vote of 5-1-1, with
358.8 Director Bumpass being absent for this vote and Director Osborne voting
in the minority.
RESOLUTION/FUNDING
358.9 Mayor Noland introduced a resolution authorizing the expenditure of
up to 20% of the amounts in the 1982 General Fund, Airport, Sales Tax,
Public Works, and Shop Budgets, until the 1983 versions are adopted.
358.10 Mayor Noland, seconded by Director Sharp, made a motion to approve
this resolution.
Upon roll call, the motion passed by a vote of 7-0.
RESOLUTION NO. 151-82 APPEARS ON PAGE a,R 3 OF ORDINANCE & RESOLUTION BOOK )(kJ
FLOWAGE FEE INCREASE/DRAKE FIELD
358.11 Mayor Noland introduced an ordinance amending the City Code by
raising the flowage fee for fuel sold at the airport from 1C per
gallon to 6C per gallon.
358.12 A representative from Scheduled Skyways had asked that this matter
be tabled until the next meeting to afford him the opportunity to appear.
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City Manager Grimes said this ordinance would not effect Scheduled Skyways,
rather it would pertain to the haulers of fuel from off the airport grounds,
which haulers dispense directly to the planes at the field.
City Attorney McCord read the ordinance for the first time. Director
Bumpass, 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 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 7-0.
COCO ORDINANCE NO. 2874 APPEARS ON PAGE &)f OF ORDINANCE & RESOLUTION BOOK X/(
AIRPORT/DRAINAGE AND PAVEMENT IMPROVEMENTS
[Q City Manager Grimes stated that the Airport Manager had requested the
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awarding of the bid for the west side drainage and pavement improvements at 359.3
Drake Field be tabled, since she has not been able to get written commitments
from the tenants at the field on their share of the cost.
Director Bumpass, seconded by Director Johnson, made a motion to table this
bid award until a later date.
Upon roll call, the motion passed by a vote of 7-0.
WATER LINE RELOCATION/RAZORBACK ROAD
Mayor Noland stated that the City Engineer had recommended the award of a
bid for the relocation of a water line along Razorback Road, from Highway 62 W,
to Fifteenth Street, to Fochtman Enterprises, Inc., the low bidder. Their
bid totaled $36,825. It was stated that this amount is 100% reimburseable
from Public Works Funds.
Mayor Noland, seconded by Director Bumpass, made a motion to grant the
award to the low bidder, Fochtman Enterprises, Inc.
Upon roll call, the motion passed by a vote of 7-0.
PARKING ASSESSMENTS
City Attorney McCord addressed the Board regarding the reassessment of
benefits against city properties by the Board of Assessors of Off -Street
Parking Development District #1. These properties are the Continuing Education
Center, Revised Annual Levy of $6,108.96; City Administration Building Revised
Annual Levy of $953.33, and Interim City Hall, Revised Annual Levy of $55.00.
The City Manager recommended that the Board of Directors authorize the
City Attorney to file suit in Chancery Court challenging the revised assess-
ment of benefits against the Continuing Education Center property. Such action
would preserve the City's right pending a decision by the University regarding
payment of the revised annual levy. Should the University agree to bear this
expense, the City's lawsuit would be dismissed. If the University decides not
to pay, the Board of Directors would need to decide whether the City should
voluntarily pay the revised assessment or pursue the Chancery Court action to
seek a reduction.
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Director Bumpass, seconded by Director Todd, made a motion to approve
the recommendation of the City Manager.
Director Osborne made the suggestion that the recommendation of
the City Manager be modified to state that the lawsuit would challenge
all three assessments.
Upon roll call, the motion, and modification, passed by a vote of
7-0.
REPORT FROM FINANCE COMMITTEE
Salary Review
Finance Committee Chairman Osborne stated that the Finance Committee
had met recently and had discussed the results of the recently -completed
Salary Survey. The Committee made the recommendation to disregard these
results in that they were comparisons of salaries of city employees outside
the state of Arkansas, and the Committee felt these results would not be
conducive to the desires of the Board. Director Osborne asked that
Finance Director Linebaugh outline the revised plan for salary raises for
1983.
360.4 Mr. Linebaugh stated that his memorandum, dated December 21, 1982, to
the Board regarding 1983 salary raises sets out the new proposal, incor-
porating the Board's ideas, using last year's survey. The three major
elements as discussed are: (1) Minimum (2%) raise to all employees; (2)
Merit raises (5%) according to the City's 1982 Pay Plan, at the discretion
of the individual Department Heads, for those who have not topped out, and
(3) Catch up raises (2-5%) based on last year's salary survey. Mr.
Linebaugh stated that employees can be affected by a combination of these
raises, but basically they break down to be as follows: 61 employees
would get 12%; 86 employees would get 9-11%; 105 employees would get
7-8%; 51 employees would get 4-5%; and 14 employees would get 2-3%,
depending on their particular circumstances. He added that the merit
raise, a discretionary raise, can be held up in certain instances, as
a management tool, to raise incentive for better job performance. Mr.
Linebaugh stated that the maximum cost for salary raises for 1983 would
be $356,151. Director Osborne made the recommendation to increase this
amount to $400,000, and Mr. Linebaugh stated that this could then change
the 2-5% Catch up raise category to 3-6%, while still remaining within
the $400,000.
360.5 Director Bumpass asked Finance Director Linebaugh to furnish the
figures on the total amount of salaries and wages, as compared to
revenue. Mr. Linebaugh would calculate these figures and report back
to Director Bumpass.
360.6 Director Bumpass stated his concern that there is a small variance
between salaries of those recently hired and the long-term employees.
He would like to give the Department Head's enough flexibility to reward
valuable assistance in a particular position, and reward those who go the
extra mile. Finance Director Linebaugh pointed out that the merit raise,
as presented, would ensure this.
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Director Lancaster, seconded by Director Johnson, made a motion to
proceed with the recommendation of the City Manager and Director Osborne,
that the allotment for 1983 salaries be increased to total $400,000, and
be allocated in accordance with the guidelines outlined to the Board by
the Finance Director.
Upon roll call, the motion passed by a vote of 7-0.
In further discussion, Director Johnson, seconded by Director Lancaster,
made a motion to set a ceiling on merit raises at 8%, with no raise to be
less than 2%, nor higher than 16%.
Upon roll call, the motion passed by a vote of 7-0.
CO REPORT FROM THE BOARD NOMINATING COMMITTEE
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CO Director Johnson, Chairman of the Board Nominating Committee, stated 361.3
N. that the Committee had the following recommendations for appointments:
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CO The appointment of Tommi Acklev to the Board of Housing and Construction
Q Appeals, for a term ending April 1, 1987; the reappointment of Gene Cypert 361.4
to the city Hospital Roard of f'ontrol, for a term ending January 1, 1987;
the confirmation of the Housing Authority's nomination of Sherman Morgan to
the Fayetteville Housing Authority Board of Commissioners, for a term ending
January 1, 1988; the appointment of Bobbye Hay to the City Library Board
of Trustees, for a term ending April 1, 1986; the appointment of Ernest
Lancaster, Dwain Cromwell, and Joseph Ruscyk to the Northwest Arkansas
Regional Planning Commission, for terms ending January T, 1986; the appoint-
/ meet of Rodney Ryan and Frank Rackerby to the Parks and Recreation Advisory
Board, for terms ending January 1, 1985; and the confirmation of the Youth
Center's nomination of David Lashley and Romey Thomason to the Parks and
Recreation Advisory Board, for terms ending January 1, 1985.
Director Johnson, seconded by Director Osborne, made a motion to approve 361.5
these recommendations by the Nominating Committee.
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Upon roll call, the motion passed by a vote of 7-0.
BID AWARD
Mayor Noland stated that the Street Department recommends that Davis
Trailer & Truck Equipment Co., of Little Rock, be awarded Bid #507, for a
dump bed for the Street Department's use.
Mayor Noland, seconded by Director Johnson, made a motion to award
the bid to Davis Trailer & Truck Equipment Co., the low bidder, the total
purchase price being $4,887.66.
Upon roll call, the motion passed by a vote of 7-0.
FUEL BID
City Manager Grimes stated that no Board action was required on the
Quote #52 for 12,000 gallons of #2 diesel fuel.
361 .6
361.7
361 .8
362
BILL OF ASSURANCES MODIFICATION/DR. G. MELTON
362.1 Mayor Noland introduced a resolution, requested by Dr. Garland Melton,
for authorization to proceed with a modification in a Bill of Assurances
for property located at 225 North East Avenue to provide that said
property may be used for a wearing apparel shop.
362.2 Director Sharp, seconded by Director Bumpass, made a motion to grant
the modification of the Bill of Assurances to Dr. Garland Melton and
to authorize the execution of the resolution.
Upon roll call, the motion passed by a vote of 7-0.
RESOLUTION NO. 148-82 APPEARS ON PAGE .2$b OF ORDINANCE & RESOLUTION BOOK kV
OTHER BUSINESS
Proposed Sanitary Landfill/Springdale
362.3 Mayor Noland referred to the application of Mr. Harold Parsons, of
Springdale, to construct and operate a sanitary landfill on land owned
by the applicant. This land is about one mile north of Highway 68 East
in the northeast portion of Washington County. The Board instructed the
City Manager to contact the engineer of this proposed construction to
address the Board at a succeeding Board meeting on this matter.
Landing Strip/On-Premise Consumption Permit
362.4 At the request of the Board, City Manager Grimes had furnished Complaint
Reports which have been filed with the Fayetteville Police Department about
the Landing Strip, at 227 West Dickson Street. Mr. Grimes has periodically
directed these reports to the Department of Alcoholic Beverage Control.
362.5 City Attorney McCord stated that if the Board wished to petition the ABC
on this matter of revocation of the on -premise consumption permit of the
Landing Strip, his recommendation would be to instruct the Chief of Police
to file a written complaint with the Director of the ABC, as prescribed by
statute. He added that there is a hearing scheduled for January Iith on
✓ iolations that have been noted by the field officer and which have been
✓ eported to the Director of the ABC.
362.6 Director Osborne, seconded by Director Sharp, made a motion to direct
the Chief of Police to file a written complaint with the Director of the
ABC, requesting, on behalf of the City of Fayetteville, that the January
llth hearing be expanded to include a hearing on the revocation of the
on -premise consumption permit of the Landing Strip.
Upon roll call, the motion passed by a vote of 7-0.
362.7 The Chief of Police was in complete agreement and reiterated the
o pinion that this establishment was a nuisance to the citizens of
Fayetteville. City Attorney McCord added that his recommendation would
include the authorization of a resolution urging the Director of the
Department of Alcoholic Beverage Control to revoke the on -premise
consumption permit for the Landing Strip, as an attempt to emphasize the
Board's support of this action.
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Director Osborne, seconded by Director Sharp, made a motion to authorize 36 3
the execution of this resolution.
363.1
.Upon roll call, the motion passed by a vote of 7-0.
RESOLUTION NO. 150-82 APPEARS ON PAGEP12 OF ORDINANCE & RESOLUTION BOOK )!U
Widening of Highway 62 West
City Manager Grimes had obtained estimates from the Arkansas State Highway 363.2
Department concerning the widening of the paved shoulder on the north side of
Highway 62 West, west of the Bypass. He added that this widening from 4 feet
to 8 feet would afford additional pedestrian safety. The estimate of the
City's share for this project is $15,000.
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Director Sharp, seconded by Director Osborne, made a motion to approve 363.3
recommendation by the City Manager.
Upon roll call, the motion passed by a vote of 7-0.
Pollution Control Plant/Bid for Pick -Up Truck
In conjunction with the purchase of a half -ton pick-up truck for the
Pollution Control Plant, City Manager Grimes pointed out that the Minimum
Specifications sheet indicated that the vehicle shall be equipped with three -
speed automatic transmission. It was determined that the City Manager
would instruct the Purchasing Agent to seek bids, as specified, with an
option for a four -speed standard transmission, in order to give the Pollution
Control Department the additional option on this vehicle.
Farewell/John Todd
Director John Todd addressed the Board and stated that he strongly
believes in the form of City government we have in Fayetteville and he
added that he feels it works well, with City Manager Grimes at the helm.
He added his feeling of high esteem for the members of the Board and City
Administration and thanked everyone for all the help they had given him through
the years. He added that he is pleased to leave his position to Director -
elect Marion Orton and is certain of her leadership abilities, and he asked
that the Board call on him at any time if he can be of service to the Board
or City Administration.
Mayor Noland called for a resolution from the Board acknowledging their
appreciation of the time and expertise offered by Director Todd, particularly
in the areas of the Finance Committee and the Warner Cable TV Committee.
Director Lancaster, seconded by Director Osborne, made a motion to
authorize the execution of this resolution.
Upon roll call, the motion passed by a vote of 7-0.
Director Lancaster stated that he has worked with Director Todd for many
years and has a tremendous amount of respect for his leadership. Director
Osborne reiterated these feelings and expressed his appreciation to Director
Todd for his advice and expertise over the years.
RESOLUTION N0. 152-82 APPEARS ON PAGE 014 OF ORDINANCE & RESOLUTION BOOK XV
363.4
363.5
363.6
363.7
363.8
363.9
364 Budget Adjustments
The Finance Committee recommended Budget Adjustments to the Fund
364.1 Balance for projects or extra -ordinary items requested by the Board.
Director Osborne, seconded by Mayor Noland, made a motion to
364.2 recommend the approval of these Budget Adjustments.
364.3
Upon roll call, the motion passed by a vote of 7-0.
RESOLUTION NO. 149-82 APPEARS ON PAGE 285 OF ORDINANCE & RESOLUTION BOOK XV
Burlington -Northern Train Depot
Director Osborne requested a report to the Board on the discussions
between the City Staff and Burlington -Northern Railroad regarding the
Fayetteville Train Depot.
Interim City Hall/City Hall Renovation
364.4 Assistant City Manager McWethy is pursuing the problem of the possi-
bility of cracks in the walls at the to -be -renovated City Hall, as well
as some cracks evidenced in the Interim City Hall.
City Hall/Masonic Emblem
364.5 The Board would discuss the possibility of retention or removal of
the Masonic Emblem from the New City Hall at the next meeting of the
Board.
Computer Lawsuit
364.6 Finance Director Linebaugh reported to the Board that he had deter-
mined that the salvage value on the Micro -Data computer is $35,000.
The Board expressed their desire that the City Attorney contact Micro -
Data and notify them of the City of Fayetteville's intention to prepare
a lawsuit.
364.7
Directional Signs/Downtown Fayetteville
Mr. Stephan Zisner and Mr. Buddy Zisner voiced their concern about
the lack of directional signs indicating location of the Town Square,
City Administration, or municipal parking. This matter would be discussed
in more detail at the next meeting of the Board.
MINUTES
364.8 Amendments to Minutes of December 7, 1982 Board Meeting:
338.4: Wording should be "Director Bumpass, seconded by Director Sharp,
made a motion to recommend Alternate #5, the user side taxi subsidy study."
338.1: Director Osborne asked that the following be included: "Mr.
Cole further stated that he did not request this subsidy and didn't care
if he got it."
339.2: Director Osborne asked that this paragraph be clarified to
indicate that there were two separate violations of Health Department
regulations.
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CO Director Sharp requested that paragraph 329.6 be amended by
adding the following:
348.3: Director Todd asked that this should be worded as, "City
Staff contact the Burlington -Northern Railroad to determine if this
building could be placed on the Historical Register."
Amendments to Minutes of December 5, 1982 Board Retreat:
329.6: Director Osborne requested the following addition to this
paragraph:
"Director Osborne noted that the City Attorney's fee on Industrial
Development Revenue Bonds for private projects is paid by the borrower,
usually from bond proceeds, and stated that similar arrangements regarding
the payment of attorney's fees are common practice.
m"The Board of Directors and the City Attorney agreed that the following
Q practice would be followed on future bond issues: (1) On bond issues for City
projects the City Attorney's fee will be set in advance and reflected on a
breakdown of issuance expenses when a bond issue is sized; (2) the City
Attorney's fee will not be determined by using a percentage of the principal
amount of bonds being issued; and (3) the City Attorney will routinely
advise the Board of Directors regarding the size of the fee he receives on
Industrial Development Revenue Bond issues for private projects.
ADJOURNMENT
There being no further business, the meeting was adjourned at 12:30.
365