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HomeMy WebLinkAbout1983-01-04 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 January 4, 1983, in Room 107, Continuing Education Center, Fayetteville, Arkansas. PRESENT: Mayor Noland, Directors Bumpass, Johnson, Lancaster, Osborne, Sharp, and Orton; City Manager Grimes, Assistant City Manager McWethy, City Attorney McCord, City Clerk Kelly; members of the press and audience. 369 369.1 369.2 CALL TO ORDER Mayor Noland called the meeting to order and asked for a moment of respect- 369.3 ful silence. CO SWEARING IN CEREMONY Municipal Judge Charles Williams administered the Oath of Office to 369.4 V Director -Elect Marion Orton and Directors -Reelect Ernest Lancaster, Richard CO Osborne, and Paul Noland. Q 1 SELECTION OF MAYOR AND ASSISTANT MAYOR The City Attorney, then presiding, stated that the Board of Directors, by statute, is required to organize by electing one of their membership to serve as Mayor, and one of their membership to serve as Assistant Mayor, for a period of two years. At this time he declared nominations in order for these offices. 369.5 Director Sharp, seconded by Director Lancaster, made a motion to nominate 369.6 the present Mayor, Paul R. Noland, and the present Assistant Mayor, Richard P. Osborne, for the positions of Mayor and Assistant Mayor. There being no further nominations, upon roll call, the motion passed by 369.7 a vote of 4-0-1, with Director Bumpass being absent for the vote. Mayor Noland stated that he appreciated the confidence of the Board and expressed his pleasure in working with this group of Directors. EMPLOYEE AWARDS Mayor Noland presented awards to the three Employees of the Month, for the month of December, 1982. They are: Rainy Laycox, Accountant I, Finance Department; Tanya McGary, City Manager's Secretary, Administration Department; and Jimmy E. Napier, Engineering Aide, Street Department. These three indi- viduals are eligible to participate in the Employee of the Year Award. COMMITTEE APPOINTMENTS Mayor Noland asked that each Director indicate to him their preference regarding their committee assignments. These will be determined at the meeting of January 18, 1983. LANDFILL PERMIT The Board was addressed by representatives of Mr. Harold Parsons, of Springdale, who has applied for a permit to construct and operate a sanitary landfill on a 40 acre portion of 140 acres approximately three miles east of Springdale and about one mile north of Highway 68 East. 369.8 369.9 369.10 369.11 370 Mr. William Clark, attorney representing Mr. Parsons, stated that the Arkansas Solid Waste Management Act sets as its purpose, "To regulate the 370.1 collection and disposal of solid waste in a manner that will (a) promote the public health and welfare, (b) prevent water pollution or air pollution, (c) prevent the spread of disease and the creation of nuisances, (d) con- serve natural resources, and (e) enhance the beauty and the quality of the environment. This Act created the Pollution Control Commission of the DPC&E whose authority will determine whether a sanitary landfill permit should be granted. Mr. Clark stated that a pre -site study had been completed by the DPC&E to determine where there is any possibility of pollution, in order to insure that the permitee does not expend funds unnecessarily. After the pre -site study was completed by the DPC&E, Mr. Parsons hired Dr. Dee Mitchell engineer on the project, and Or. Wyndal Goodman, an hydrogeologist on the project, to perform in-depth surveys, tests and analyses. 370.2 370.3 370.4 If the landfill permit is granted, the Washington County Quorum Court and the DPC&E have the duty to inspect the site periodically and insure that it is in compliance with County Ordinance Nos. 7713 and 7716. Mr. Clark stated that a $500 per day fine can be levied against the operator for failure to comply with these ordinances. He concluded that the lifespan of the current Sunray facility is limited and he felt that the citizens of Fayetteville deserve an alternative sanitary landfill site which could, in fact, result in lower prices for sanitary services. He asked the Board to consider passing a resolution favoring the site, as presented. Dr. Wyndal Goodman, an hydrogeologist and an incorporator of Ozark Geological Services, addressed the Board and stated that Mr. Harold Parsons had hired him to evaluate the property on the basis of its feasibility as a sanitary landfill site. During the three and one-half months of analysis, Dr. Goodman drilled two test wells, 400 feet apart, on the site, to find out what the subsurface conditions were directly underneath the landfill area. These tests indicated the depth of the water table (in one instance the interval was dry until about 200 feet down; in the other the interval was dry until about 120 feet down). These tests also indicated which direction the water was moving and how accessible those water resources could be. Dr. Goodman stated that the area is well drained, with virtually no surface drainage running across the area, other than what is caused by direct preci- pitation. He stated that he had performed dye tests, to test the emergence from the wells. The dye was injected directly into the water table and emerged, some 36 hours later, very diluted, in a spring, southeast of the site, about 3/4 of a mile towards Sonora. He added that the water will generally run east-southeast, but can follow several different paths. No trace of dye was found in either Friendship Creek nor due east of the site towards the White River. , When Dr. Goodman was asked whether any additional tests were needed, he stated that the State of Arkansas leaves the burden of proof to the landowner, and Dr. Goodman felt that he had run the gamut of tests on the site. He had also done resistivity tests to measure the resistence of different sub- surface materials. They took soil samples of the upper soils to determine the properties of the clay. He was extremely comfortable with the uniformity of the clay on the 40 acres, being 60 feet. This was more than sufficient for the purpose of the landfill operation. Dr. Goodman concluded that this site was, in his opinion, ideal and he felt that few better sites would be volunteered by landowners in Washington County for this type of use. 1 1 1 Dr. Dee Mitchell, engineer on the project, spoke to the Board and indi-. 371 cated that he, as a citizen concerned about the maintenance of Beaver Lake, concurs that this is the closest thing to an ideal site for a landfill. He continued that there are two types of landfills -- the gully type and the 371.1 trench type. He stated that the gully type of landfill has a tow at the bottom which is extremely difficult to seal off. The type selected was the trench type, in which the trenches are dug into a sealed area that is imperme- able to water. In that Dr. Goodman had discovered an area of fractured lime- stone on the site, they determined to divide the area into two proposed land- fill areas, totalling 40 acres. A nonputrescible fill area was suggested by the Department of Pollution Control & Ecology. Dr. Mitchell stated that mater- ials such as old refrigerators, washing machines, etc. can be buried in this site and covered on a daily basis. CO The operation of the landfill was discussed as follows: A trench would be dug to 16 feet in depth. The daily cover will be at least a minimum of six 371.2 N inches of clay material, that will be from the excavated material. He added that a 20% slope is needed for the trench to get the maximum compaction of U the material. This will amount to a daily build up of cell structures, and CO when several of these cell structures are built up, and the daily covers have Q been made, then they will cover these over with a final cover of two feet of clay on the top and then six inches of topsoil, which had been retained at the time it was trenched. This trench, therefore, would have compacted clay underneath and below that an additional 44 feet of impermeable clay, and more than 100 feet of limestone under that. He felt there was no visible means for water to escape. Dr. Mitchell stressed the fact that no hazardous waste would be allowed on 371.3 the site. The only industrial waste allowed would be packing crates and this type of waste from local industries. There would be a natural decomposition process and gas will be given off. He added that gas vents have been designed to install in the trench, two for each. There will also be a retention basin built to hold water run off, for at least a 36 hour period, and this will drain slowly. About a five foot depth of water will be retained to contain the sediment. 1 Under regulation, an operator will be on the site at all times to monitor 371.4 the gate. Every truck which dumps will have to be recorded. If the site is permitted, there will be a network of monitoring wells that will be used to watch ground water supplies and make certain there is no pollution. If it is determined to be polluting the Lake, the owner -operator is responsible to correct the problem. Dr. Mitchell stated that the common practice is to pump grouting material into the bottom layer of the trench and seal it off. He added that in the event the Solid Waste Incinerator Plant is built, the resulting ash can be disposed of on this site and he felt that it may, in fact, cause it to last a lot longer. In discussion, Mayor Noland asked Mrs. Ann Henry, the City's represen- 371.5 tative on the Northwest Arkansas Resource Recovery Authority,her opinion of this presentation, and she stated that she was satisfied with the study per- formed by Dr. Mitchell and Dr. Goodman, but felt, in agreement with the Board, that it was the jurisdiction of the Quorum Court and the DPC&E. She added that it would, however, be worthwhile to consider an alternative landfill for the future needs of Fayetteville. The directors determined to take no action on the matter and rely on the 371.6 judgment of the Department of Pollution Control & Ecology and the Quorum Court. • 372 PROCEDURAL RULES RE -ADOPTED Mayor Noland called for the re -adoption of the Rules of Order and 372.1 Procedure of the Fayetteville City Board of Directors. In discussion, Mayor Noland referred to Item 6, which states, "No 372.2 questions shall be asked a Board member or city employee except through the presiding officer." Mayor Noland wondered if it might be more expedi- tious for Board members to ask a question directly, rather than through the Presiding Officer, and vice versa. The Board members agreed to retain this segment of the Rules, determining that it often is necessary to follow this procedure at times of discussion of controversial issues. 372.3 Director Orton made reference to Item B.3, "Personal Interest," and questioned the need for better definition of the intent. City Attorney McCord responded that there is a statutory prohibition against a Director having a direct or indirect financial interest in a matter, but the matter of "personal interest" is a policy decision for the Board to make and administer. 372.4 There being no further discussion, Director Lancaster, seconded by Director Bumpass, made a motion to re -adopt the City Board's Rules of Order and Procedure. 372.5 Upon roll call, the motion passed by a vote of 7-0. RESOLUTION NO. 1-83 APPEARS ON PAGE 305 OF ORDINANCE & RESOLUTION BOOK XV PARKING INCREASE Mayor Noland reintroduced an ordinance changing the rates for metered 372.6 parking spaces in the downtown area, from 1OQ per hour to 10t per 30 minutes/2Ot per hour. City Attorney McCord stated that this ordinance had been left on second reading from the meeting of December 21, 1982, and a motion to suspend the rules would eliminate the reading of the ordinance. 372.7 Finance Committee Chairman Osborne stated that it was his opinion that this had not been discussed at the most recent meeting of the Finance Committee, due to lack of time, and suggested it be referred again to the Finance Committee for further consideration, particularly of matters such as the revenue that can be anticipated from this conversion of the meters, and how they relate to the expenses which will be incurred in the conversion. Director Osborne felt the public should be notified of this review by the Finance Committee to enable them a public hearing. He and Director Bumpass have had numerous inquiries from the downtown citizens regarding this meter rate increase. 372.8 Director Bumpass also proposed the use of tokens in the meters. He suggested the possibility of the City selling tokens to downtown merchants (and restaurant operators) who would then provide the tokens to their customers at the point of purchase, stipulating a certain value. He added that the purchase of a validating machine might also be considered for the parking deck, which the City could sell and monitor monthly. 372.9 Director Sharp, seconded by Director Johnson, made a motion to refer this matter to the Finance Committee for their recommendations. 372.10 Upon roll call, the motion passed by a vote of 7-0. 1 1 1 In further discussion, City Manager Grimes stated that the Traffic Superintendent, Perry Franklin, had made several recommendations of changes on streets surrounding the downtown Square, in an attempt to encourage motorists to use off-street parking and to improve traffic safety on the streets. 373 373.1 In summary they are, Meadow Street - No parking on the north side from 373.2 School Avenue east to Church Avenue. Meters on the north side from Block to East, with no parking on the south. Parking prohibited on both sides of the street from Block to College; Spring Street - Two blocks of meters proposed for both sides from Locust to Block. No parking either side from Block to College, except for a half -block of metered parking on the south side just west of College; and Locust - (a one-way south street), No parking on the east side from south of Rock Street north to Dickson Street. Parking permitted on a) the west side from Center north to Dickson. After discussion, Director Lancaster, seconded by Director Osborne, made 373.3 a motion to proceed with these recommendations. U CO Upon roll call, the motion passed by a vote of 7-0. a WILSON PARK POOL REHABILITATION APPROVED In addition to approval of estimated costs for the preparation of plans and specifications for the rehabilitation of the Wilson Park swimming pool, 373.4 City Manager Grimes recommended the authorization and execution of a contract with Mr. Richard Naylor for his services as a consultant on the project. Mr. Grimes stated that contract terms would be at the rate of $30.00 per hour, not to exceed $2100, and the standard AIA contract would be utilized, with modi- fications by the City Attorney. Mr. Grimes stressed that Mr. Naylor, who is associated with the firm of Lindsey Kisor Pools, would be working in a strictly independent capacity for the City on this project, although the Lindsey Kisor firm would be bidding the rehabilitation project. Mr. Grimes further stated that when plans and specifications on the pool 373.5 rehabilitation are completed, copies will be sent to all prospective bidders and a pre-bid conference will be scheduled to avoid any problem with the content of the plans and specifications, as presented. City Manager Grimes anticipates the pool will be ready for use by the 373.6 normal season, but felt there would probably be the necessity to fence off some of the outer areas which may not be completed at that time. There being no further discussion, Director Johnson, seconded by Director 373.7 Bumpass, made a motion to authorize the execution of the contract with Mr. Richard Naylor, at the rate of $30.00 per hour, not to exceed $2100, and that the contract be prepared in the standard AIA form, with modifications set forth by City Attorney McCord. Upon roll call, the motion passed by a vote of 7-0. RESOLUTION NO. 2-83 APPEARS ON PAGE 3/3 OF ORDINANCE & RESOLUTION BOOK XV SIDEWALK INSTALLATION The Board of Directors had considered the request by "Sarah's Country Store" for authorization to enter into a Bill of Assurances to guarantee the installa- 373.8 tion at a later time of a sidewalk along North College Avenue, which had been tabled from the meeting of December 21. The Board members had visited the site on their Board tour. 374 Director Sharp stated that when the Sidewalk Ordinance was passed the Board had determined that sidewalks would be constructed when the 374.1 buildings were constructed, and he added that a sidewalk has been con- structed by the shopping center south of the proposed "Sarah's Country Store." Director Lancaster, seconded by Director Sharp, made a motion to deny 374.2 the request for a Bili of Assurances to Sarah's Country Store. Upon roll call, the motion to deny the request passed by a vote of 7-0. PROPERTY CLEANUP/HAPPY HOLLOW ROAD 374.3 Mayor Noland called for further consideration of an ordinance order- ing the demolition of dilapidated and irreparable houses located on the east side of Happy Hollow Road, northeast of the Industrial Park, which had been tabled from the Board Meetings of September 21st and November 2nd. 374.4 City Manager Grimes made the recommendation that the City Staff pursue the possibility of the acquisition of this property utilizing Community Development Block Grant Funds. 374.5 In discussion of the matter to date, City Attorney McCord stated that the property owners had been sent notice concerning the unsightly condi- tions which exist on the property, with regard to trash, weeds, rubbish and junk. This notice called for the removal of these items within 20 days. However, he stated that this particular circumstance involves the additional situation of the demolition of structures on the property. 374.6 Director Sharp stated that he was hesitant to attempt to acquire the property and relocate the property owners, in that they had been residing in that location for a very long period of time, prior to the development of the Industrial Park. Director Sharp felt there were many more uses for CD funds. 374.7 City Attorney McCord stated that he felt the City Manager's recommen- dation was worthy of consideration because the alternative would be to pursue statutory remedy by abatement. He felt the Board should also consider whether the litigation involved would be the best expenditure of Community Development funds. 374.8 After discussion, Director Bumpass, seconded by Director Johnson made a motion to table this matter and to direct the City Staff to investigate the possibility of utilizing Community Development funds for the rehabilitation of houses, the acquisition of the land, and the relocation of the property owners, and to direct the City Attorney to contact Attorney Bill Murphy to ascertain the number of families residing at this location, and determine their intent toward cleaning up the area. 374.9 City Manager Grimes stated that he would initiate efforts to obtain a rough estimate of the land value from an appraiser. Upon roll call, the motion passed by a vote of 7-0. 1 FLOWAGE FEE/MUNICIPAL AIRPORT City Attorney McCord stated that a resolution was before the Board to authorize an increase in the flowage fee payable by Scheduled Skyways, Inc., d/b/a Fayetteville Flying Service for the privilege of serving as a fixed base operator at the Fayetteville Municipal Airport. He stated that the current lease agreement with the FBO provides for this procedure. Mayor Noland, seconded by director Johnson, made a motion to author- 375.2 ize the execution of this resolution. 375 375.1 In discussion, Director Bumpass asked the Airport Manager what addi- tional revenue was anticipated as a result of this change from 3¢ to 5t, 375.3 and she responded that the estimate, based on the same number of gallons 00 sold in the past year, with no anticipated growth, would be $22,500. CO Mayor Noland questioned the discrepancy between the retail fuel price 375.4 N for the fuel at Springdale, as compared to Fayetteville, and Airport Manager 0 Hogue stated that Springdale has more than one supplier of fuel on their CO airport which tends to keep those prices lower. Q There being no further discussion, upon roll call the motion to 375.5 authorize the execution of the resolution passed by a vote of 7-0. RESOLUTION NO. 3-83 APPEARS ON PAGE 307 5 OF RODINANCE & RESOLUTION BOOK )CV ORDINANCE REPEALING ORDINANCE NO. 2874 City Attorney McCord called for the reading of an ordinance to repeal 375.6 Ordinance No. 2874 to reinstate a one cent per gallon flowage fee for petroleum product distributors supply aviation or automotive fuel at the Fayetteville Municipal Airport. City Attorney McCord read the ordinance for the first time. Mayor Noland, 375.7 seconded by Director Johnson, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed unani- mously, and the City Attorney read the ordinance for the second time. Mayor Noland, 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 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. ORDINANCE NO. 2884 APPEARS ON PAGE 254. OF ORDINANCE & RESOLUTION BOOK XIII ORDINANCE/FLOWAGE FEE INCREASE/AIRPORT City Attorney McCord called for an ordinance amending Section 2A -12(a) of 375.8 the Fayetteville Code of Ordinances to increase flowage fees at the Fayetteville Municipal Airport from three cents per gallon to six cents per gallon. City Attorney McCord read the ordinance for the first time. Director 375.9 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 Orton, seconded by Director Bumpass, 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. 376 Upon roll call, the ordinance passed by a vote of 7-0. ORDINANCE NO. 2874 APPEARS ON PAGE all OF ORDINANCE & RESOLUTION BOOK XIII AIRPORT IMPROVEMENTS Bid Award 376.1 Mayor Noland stated that Airport Manager Hogue had recommended the award of a bid for the west side drainage and pavement improvements at Drake Field, to Tomlinson Asphalt, the low bidder, with a bid of $56,705. He added that the costs are to be shared among the tenants, the City and the State. 376.2 Director Osborne, seconded by Director Orton, made a motion to authorize the execution of this resolution and contract with Tomlinson Asphalt, Inc. 376.3 Upon roll call, the motion passed by a vote of 7-0. RESOLUTION NO. 4-83 APPEARS ON PAGE 3A7 OF ORDINANCE & RESOLUTION BOOK XV COMPUTER SETTLEMENT 376.4 Mayor Noland stated that Director Osborne had requested an opportunity to discuss a proposal under which the City would offer to sell its Microdata computer hardware back to Microdata Corporation in lieu of suing the company for misrepresentation. 376.5 Director Osborne, seconded by Director Bumpass, made a motion to instruct the City Attorney to issue demand letters to all parties involved in the acquisition of the Microdata computer, i.e. consultants, vendors and manufacturers, for reimbursement of damages the City has incurred. 376.6 Mayor Noland asked Finance Director Linebaugh his views on the current status of the computer in view of the fact that the City has spent a lot of time and money on its computer system. Finance Director Linebaugh stated that the hardware portion of the Microdata computer was adequate at this time, due to the correction of the problems associated with the 8 -way board, but he reiterated that the software to suit the needs of the City was unavailable to adapt to this computer, except at an extremely high cost. 376.7 In reviewing the City Attorney's report, Director Orton stated that it was her opinion that the three consultants who had been hired were at fault in recommending this type of computer for the operations of the City. Director Lancaster stated that he felt sure the City would not have purchased this type of computer if they had been aware of its inadequacies. 376.8 City Attorney McCord stated that in view of the apparent concensus among the Board members that the City make an effort to recover damages incurred. His recommendation would be to direct demand letters to all parties involved and request that any response be made within ten days and that those responses would be forwarded to the Board for their review. The question of whether to pursue litigation could be decided at the meeting of the Board on January 18, 1983. This timeframe would afford the City Attorney the opportunity to file suit before February 1, 1983, which he indicated should be done to avoid a possible statute of limitations problem. City Attorney McCord stated that the demand letters would point out the damages that the City had incurred. There being no further discussion, upon roll call, the motion passed by a vote of 7-0. 377 AMENDMENT TO THE MASTER SIDEWALK PLAN Mayor Noland introduced an ordinance amending the Master Sidewalk Plan 377.1 of the City of Fayetteville to reflect a sidewalk on the north side of Eagle Street, from Leverett Avenue to Garland Avenue and to delete a sidewalk on the south side of said portion of Eagle Street. Mayor Noland stated that the terrain and the location of the utility poles 377.2 had prompted this amendment to the Master Sidewalk Plan. City Attorney McCord read the ordinance for the first time. Director Bumpass, CO seconded by Mayor Noland, made a motion to suspend the rules and place the 377.3 ordinance on second reading. Upon roll call, the motion passed unanimously, and CO the City Attorney read the ordinance for the second time. Upon roll call, the N motion passed unanimously, and the City Attorney read the ordinance for the () second time. Director Bumpass, seconded by Director Johnson, made a motion to CC) further suspend the rules and place the ordinance on third and final reading. Q Upon roll call, the motion passed unanimously, and the City Attorney read the ordinance for the final time. 1 Upon roll call, the ordinance passed by a vote of 7-0. ORDINANCE NO. 2885 APPEARS ON PAGE a57 OF ORDINANCE & RESOLUTION BOOK XIII OTHER BUSINESS Specifications/Purchase of Police Patrol Cars In conjunction with the Specifications Sheet submitted in the Agenda for the Board's review, Director Bumpass proposed the addition of a 6 -way power seat, bench type, for the driver's seat of these vehicles. He felt that this type of seat was warranted, in view of the lengthy hours spent on patrol, and the fact that so many different patrolmen use these vehicles. He also made the suggestion of the addition of power door locks, to be manipulated at the driver's seat, which he felt would be useful during quick and frequent exits and entrances from the vehicle. Police Chief Bob Jones was present and indicated that these specifications and proposed additions were available through the Ford and Chevrolet dealer- ships, and can be a part of the police packages. Director Lancaster asked the Chief if it was the intent of the Police Department to do minor maintenance of the vehicles at the proposed new police building, and the Chief indicated that they do prefer doing the minor maintenance at the station, and major overhauls outside. He indicated that the vehicles are generally replaced between 50,000-60,000 miles of use, and at that point the cost of maintenance is prohibitative and the view is replacement is more economical. Director Sharp made a motion, seconded by Mayor Noland, to place these suggestions of Director Bumpass on the Specifications Sheet as deductive alternates and investigate the cost involved in furnishing these items. Upon roll call, the motion passed by a vote of 7-0. 377.4 377.5 377.6 37S Presentation by Metcalf & Eddy, Inc. Mayor Noland indicated that Mr. Charles Pound of Metcalf & Eddy, Inc., 378.1 consultants, would make his presentation to the Board of Directors con- cerning the feasibility of land application of wastewater, at the meeting of January 18, 1983 Meeting of the Water & Sewer Committee The meeting of the Water & Sewer Committee is scheduled for January 378.2 13, 1983, at 1:30 p.m., and will include a presentation by Mr. Joe Brown of Black & Veatch Consultants. Sidewalk/Mission Street 378.3 City Manager Grimes has contacted Mr. Harry Gray of Northwest Engineers, Inc., and Mr. Grimes will report the recommendations of Mr. Gray at a succeeding meeting of the Board. Mr. Grimes added that he has received some expression of opposition to the installation of these sidewalks by some residents of the area. Joint Sealer/Airport Construction 378.4 Director Lancaster requested City Manager Grimes to report to the Board at a succeeding meeting on the status of the investigation into the problem of the defects in the joint sealer used in construction at the Fayetteville Municipal Airport Meeting of the Street Committee Director Sharp scheduled a meeting of the Street Committee for 378.5 Janaury 13, 1983, at 1:00. Director Osborne has requested that the Street Committee discuss the street plan proposed at the time the jail was contemplated for the downtown area. This plan would call for the rerouting of traffic in the downtown area around the Square and the Courthouse to enhance the traffic flow. Director Osborne requested this be considered as an addition to the Master Street Plan. 378.6 378.7 City Manager Grimes stated that this request needs to be brought before the Northwest Arkansas Regional Planning Commission's Technical Advisory Committee for their review. Director Osborne, seconded by Director Johnson, made a motion to bring this request to the Technical Advisory Committee. Upon roll call, the motion passed by a vote of 7-0. In another matter, Director Sharp stated that two requests for sidewalk 378.8 variances, one on Highway 265, and another on Garland Street, would be considered at the meeting of January 13, 1983. Inquiries Concerning Purchase of the Parking Deck 378.9 Finance Director Linebaugh stated that there have been numerous responses concerning the sale of the parking deck. He added that two potential purchasers, one from New Orleans, and the other from Dallas, would visit the area in the near future. 1 1 1 Correction of Cracks in Interim City Hall Director Osborne called attention to the letter from Hailey-Powers- Froning, Architects, Ltd., in reply to the letter directed to them by Assistant City Manager McWethy concerning the cracks appearing in Interim City Hall. The response from the architects is that interior joints in the block work were held to a minimum to allow for anchoring of abutting new walls when temporary use is terminated. The contraction relief lines at the column lines are where they are expected to occur. Assistant City Manager McWethy stated that the way the building is designed, when the City takes occupancy of the remodeled City Hall, the large first floor space could be divided into several different areas, by means of walls, but there are no drawings showing where these walls are expected to be placed, nor if these walls will fall in the area of the existing cracks. 379 379.1 CO CO Director Osborne, seconded by Mayor Noland, made a motion to refer this 379.2 has matter back to the architectural firm for their suggestions to correct the problem, and these suggestions would in turn be presented to the Board for U their review to determine if they were satisfactory. The final payment to CO the contractors would be retained until this problem was satisfied. a Upon roll call, the motion passed by a vote of 7-0. In another matter, Assistant City Manager McWethy reported that Johnson 379.3 Plumbing had corrected the problems relating to the air conditioning units. Masonic Emblem/New City Hall The Board agreed, at the request of Director Sharp, to instruct Assistant City Manager McWethy to contact Pat Donat, a local historian, and Cy Sutherland and Rene Diaz, architects specializing in restorations, to obtain their comments on the removal or the retention of the Masonic Emblem on the new City Hall building. Cable Advisory Commission With regard to appointing a Cable TV Advisory Commission, Director Orton stated that she would like to contact two residents of the community who have served on this type of commission, in Austin, Texas, and Ann Arbor, Michigan, to elicit their opinions on what they perceive the appropriate charge would be to the commission. The Board was in agreement. Landing Strip/Revocation of Permit City Attorney McCord stated that he had drafted a letter for Police Chief Jones' signature which was sent to the Director of the Department of Alcoholic Beverage Control, in accordance with the applicable statute, officially filing a complaint regarding the Landing Strip and requesting revocation of the permit, based upon repeated violations of State law and ABC regulations. The letter had requested that the complaint be considered at the January llth hearing, which was scheduled on citations which had been issued subsequent to the time when the permitee was placed on probation for previous violations. Chief Jones had been informed by telephone that the only matter to be considered at the January llth hearing would be relating to the specific violations cited and for which the hearing was scheduled. City Attorney McCord stated that a letter would be forthcoming from the Director of the ABC in response to the letter from Chief Jones. After the Board reviews this letter they would determine what action would be necessary. 379.4 379.5 379.6 380 Burlington -Northern Railroad Depot City Manager Grimes stated that the City has not received a response 380.1 from Burlington -Northern Railroad concerning the pending demolition of the railroad depot. MINUTES 380.2 Changes to Minutes of December 5, 1982: 328.7 - "to maintain the Class 3 rating," should be changed to "to maintain the Class 4 rating." 330.6 - At the end of paragraph add: The City Manager said we have ample equipment for a surveying crew. 332.1 - "20 m.p.h." should be changed to "20 m.p.h., when children present." 334.4 - Should be changed to read "Director Osborne requested discussions of repealing the Closing Hours Ordinance at this time, because he is of the opinion that it is hurting "legitimate" operators." 380.3 Changes to Minutes of December 21, 1982: 351.7 - "existing legislation regarding development of the land." should be "existing legislation regarding land located outside the City's corporate limits." 351.9 - "Mayor Noland said an estimated indicated 75% of the homeowners" should be changed to "A resident of the area estimated that approximately 75% of the homeowners" 359.4 - "Their estimate has been under estimate" should be "Their estimate had been under the estimate and the total bid was W36,825." 362.5 - "statute, after which time the permitee is entitled to a hearing, which they are certain to appeal." should be "statute. He added that there is a hearing scheduled for January 11th on violations". ADJOURNMENT 380.4 There being no further business, the meeting was adjourned at 10:40 p.m. 1 1 1