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HomeMy WebLinkAbout1983-04-05 Minutesco coN U m Q 1 1 MINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Board of Di at 7:30 p.m., on April 5, 1983, i Fayetteville, Arkansas. PRESENT: Mayor Noland, Directors City Manager Grimes, Assistant Ci the press and audience. rectors of the City of Fayetteville was held n Room 107, Continuing Education Center, 477 Johnson, Lancaster, Osborne, Orton, and Sharp; ty Manager McWethy, City Clerk Kelly; members of ABSENT: Director Bumpass and City Attorney McCord 477.1 477.2 477.3 CALL TO ORDER Mayor Noland called the meeting to order and asked for a moment of respectful silence. 477.4 EMPLOYEE AWARDS Mayor Noland presented awards to the three Employees of the Month for the 477.5 month of March, 1983. They were Don Bayles, Police Patrol Officer, Police Department; Lisa Mims, Accounting Clerk I, Finance Department; and Darrell Mounce, Mechanic, City Shop. These winners will be eligible to compete for the Employee of the Year Award. CD BUDGET/FINAL CONSIDERATION Mayor Noland called for further consideration of the 1983 Community Development Block Grant Budget. Mayor Noland introduced Mr. Phillip Yoakum, who addressed the Board about the possibility of paving Curtis Avenue from Huntsville Road to the South Mont Apartments, by use of CD funds. He and his partners, Johnny Downing and Tom Davidson, are intending to construct some LMIF housing units in this area and feel this paving would allow them to build these units at a lower cost. Mayor Noland pointed out that there are HUD guidelines which would apply to this type of street project. The Mayor then asked Community Development Director Carlisle what Board action was now necessary, adding that the Board had indicated a list of funding priorities which is a part of the agenda material (See Attachment B). These were then discussed by the Board. Mayor Noland noted that Velda Court has no dedicated right-of-way. Ms. Carlisle stated that $75,000 should be included for Administration and $54,000 for Contingencies. Director Sharp suggested adding funds from the 1982 allocation for Parks and Contingencies to the 1983 rehabilitation allocation. There was discussion of reducing the amount allocated for the two-year funding request of Children's House and SCAN from $92,500 to $20,000. Director Orton stated that she would like to get this on as a Line Item for this year, and, as suggested by Director Sharp, possibly utilizing some of themoneyallocated. from Washington -Mountain Park, to get this project started. Ms. Carlisle stated that if the Board would make a policy decision she would make the proper revisions to the budget. She added that the $125,000 allocated for rehabilitation would probably take care of 12 houses. There are 22 on the waiting list for rehabilitation and the maximum needed to be spent per house is $10,000. Director Lancaster, seconded by Mayor Noland, made a motion to remove the $25,000 from the $125,000 allocated for 1983 for rehabilitation. Director Lancaster further clarified his motion to indicate that this $25,000 be dis- tributed, as needed, among the remainder of the categories, deleting Velda Court 477.6 477.7 477.8 477.9 4 7 S street improvements. Assistant City Manager McWethy noted that this motion, as worded, would therefore delete Items 8 and 9, Sidewalks on Ellis Avenue, 478.1 from Dunn to Hill, and West Center Street Improvements. Upon roll call, the motion passed by a vote of 5-0-2, with Directors 478.2 Bumpass and Osborne being absent for this vote. (See Attachment A for final allocation of the 1983 CDBG Budget). RESOLUTION NO. 45-83 APPEARS ON PAGE 253 OF ORDINANCE & RESOLUTION BOOK XNI BID AWARD/SOFTBALL-SOCCER FIELDS CONSTRUCTION/WALKER PARK NORTH Mayor Noland stated that Sandra Carlisle, Community Development Director, 478.3 had recommended the award of this contract to F.H. Necessary & Son, the low bidder. The contract amount is $32,900. Director Johnson stated that in reviewing the material presented during 478.4 the 1982 Retreat she felt that Walker Park North had been budgeted $75,000 for the 1981 Program Year for the soccer and softball fields. Ms. Carlisle stated that the 1981 Program Year allocation was actually for the parking lot and basketball court, with the 1982 allocation being for the soccer field and softball field. These figures had been incorrectly reversed in the report given to the Board at the Retreat. Assistant City Manager McWethy clarified that the $75,000 budgeted in 1981 for Walker Park North included $20,000 for the parking lot and basketball court, leaving $55,000 for the 1981 Budget, plus $25,000 from the 1982 Budget available for the construction of the softball and soccer fields at Walker Park North. Ms. Carlisle stated that unless con- struction is completed by June 30, 1983, there is a chance that the $13,299.27 balance from the original HCRS grant would be lost. 478.5 Mayor Noland, seconded by Director Lancaster, made a motion to approve this resolution and contract award to F.H. Necessary & Son, in the amount of $32,900. Upon roll call, the motion passed by a vote of 5-0-2, with Directors Bumpass and Osborne being absent for this vote. 478.6 Mayor Noland stated that construction would begin as soon as weather permits in order to comply with the terms of the HCRS grant. RESOLUTION N0. 46-83 APPEARS ON PAGE 256 OF ORDINANCE & RESOLUTION BOOK X UI BID AWARD/STREET IMPROVEMENTS Mayor Noland called for consideration of a bid award for improvements to 478.7 Oakland, Berry and Eagle Streets, under the Community Development Block Grant Budget. He added that the only bidder on this project was McClinton -Anchor Construction in a contract amount of $250,550.75. 478.8 Director Lancaster, seconded by Director Sharp, made a motion to delete improvements to Oakland and Berry Street, and to authorize the improvements to Eagle Street. Ms. Carlisle stated that the Eagle Street portion of this project would cost $98,184.23, plus engineering fees, fees for soil testing, and utility relocation costs. 478.9 There being no further discussion, upon roll call, the motion passed by a vote of 4-1-2, with Director Johnson voting in the minority, and Directors Bumpass and Osborne being absent for this vote. RESOLUTION NO. 47-83 APPEARS ON PAGE 256 OF ORDINANCE & RESOLUTION BOOK XU( 1 1 1 ANIMAL CONTROL Mr. Victor Peterson, a resident of Nonamaker Drive, addressed the Board concerning the matter of dogs and cats running loose within the City. Mayor Noland stated that this problem is an ongoing one within the City. City Manager Grimes stated that only one of the Animal Control Officers is authorized to write tickets for dogs and cats running loose, and under Arkansas Law, that officer has to fulfill certain Police Academy requirements. He added that the City is averaging 54 impoundments per week. Director Johnson reiterated that Director Orton had brought this problem to the attention of the Board at a previous meeting, and the City Prosecutor's Office had prepared a report on what citizens can do to help solve this problem, if an Animal Control Officer is unavailable. Copies of this report are available in the City Prosecutor's Office. Mayor Noland thanked Mr. Peterson for calling this to the City Staff's attention and said the Animal Control Department would continue working toward CO solving this problem. ULEAGUE OF WOMEN VOTERS/BROCHURE/USE OF LOW PHOSPHATE MATERIALS CO Ms. Rhonda Bitterley, Natural Resources Chairperson for the League of Women Q Voters of Washington County, addressed the Board. She referred to the brochure prepared by the League of Women Voters of Washington and Benton Counties, which outlines the types of cleaning aids to use in order to lower the effect of phosphates on the water quality in area lakes and streams. (This brochure was partially funded by contribution from the City of Fayetteville). Ms. Bitterley stated that copies of the brochure would be distributed to city halls, libraries banks, laundries, and grocery stores, in order to educate citizens on the benefits of low phosphates. Mayor Noland expressed his appreciation and added that he felt this would help to educate the citizens and hopefully achieve the lowering of phosphate useage on a voluntary basis. PUBLIC HEARING/ISSUANCE OF HOUSING BONDS Mayor Noland opened a public hearing regarding a request by the Public Facilities Board for authorization to issue up to $4,000,000 in revenue bonds 479.3 to finance the construction of a 96-unit multi-family housing project. Under the terms of this proposal, the bond proceeds would be loaned to N & R Properties (Clemen Neff and Sam Rogers) with the two being required to make payments suffi- cient to pay debt service on the bonds. The housing project would be built to the west of the Ramada Inn on the northside of Fayetteville. Mayor Noland asked to hear from those speaking for authorization of these 479.4 bonds. Assistant City Manager McWethy stated that he had notification from Mr. Jack Butt, the attorney for Messrs. Neff and Rogers, that he would be absent from this public hearing in that he had been delayed on another matter. Messrs. Neff and Rogers were not present. Mayor Noland stated that the matter had been discussed previously at several meetings of the Public Facilities Board and this was the first time it had come before the Board of Directors. Mr. Jerry Sweetser, a local contractor, spoke to the Board in opposition to the issuance of these bonds. He feels they would be in competition with the private sector, stating that he is currently paying 13-14% for borrowings, and 479.5 these borrowings would be at a much cheaper rate. This project would be $4,000,000 for 96 units, which calculate to be approximately $500-500 per month as rental, as per a survey Mr. Sweetser completed. Mayor Noland asked Mr. Sweetser the average vacancy rate in Fayetteville and Mr. Sweetser stated that_he would estimate 10%. He stated that since, the HUD report was issued, 266 building permits had been issued for multi-family units in 1982 alone, in Washington County. In Benton County 450 building permits had been issued. In early 1983 there have been 52 building permits issued in Fayetteville. He felt this proved 479 479.1 479.2 480 that there is not a need for these additional multi -family housing units. Also addressing the Board was Mr. Kerry Schultz, a local appraiser, who had been asked by the Multi -Family Housing Authority to speak to the 480.1 Board. Mr. Schultz reviewed the numbers of building permits issued in the past six years and these totaled 962 permits. He stated that the proposed plan by HUD indicated a need for 675 permits within the next year, which he felt was incredible. He also found it incredible that the dollar amount per square foot of housing in Fayetteville was listed in the HUD study as $20.00 per square foot in Fayetteville, and $26.49 per square foot in Springdale. He added that there are currently 795 lots available for sale in Fayetteville. He felt that the data being reviewed was not current and could have, in fact, been done in November 1981. He suggested the Board seek more current facts before authorizing these revenue bonds. 480.2 Another owner of rental property, Mr. Bob Nickle, addressed the Board and stated that he too cannot compete with a subsidized situation in Fayetteville. Director Lancaster, seconded by Director Johnson, made a motion to deny this request. There being no further discussion, upon roll call, the motion passed 480.3 by a vote of 5-1-1, with Director Bumpass being absent for this vote and Director Osborne abstaining. RENOVATION OF CITY HALL/CHANGE ORDER I 480.4 Mayor Noland introduced a resolution authorizing the Mayor and City Clerk to execute a Change Order in the City's contract with Kan -Ark Industries Inc. for the renovation of the City Administration Building to provide for insulation in the exterior walls. Assistant City Manager McWethy stated that this matter had previously been before the City Hall Committee, and at that time there was an indication that the cost would be approximately $46,000 to add this insulation. Since that time he met with the architect and contractor and they have reached a price for this contract not to exceed $36,000. He stated that further reductions in cost were possible, and requested a motion approving the Change Order in an amount not to exceed $36,000. 480.5 Mayor Noland, seconded by Director Sharp, made a motion to approve the execution of this resolution and Change Order. Director Orton asked Mr. Froning, the architect, why the insulation was 480.6 not included in the original specifications. Mr. Froning stated that for budgetary purposes the insulation for the basement was the only insulation that was included. Mr. Froning felt this had been discussed at a meeting of the City Hall Committee but Directors Sharp and Osborne stated that they did not remember this having been discussed. 480.7 There being no further discussion, upon roll call, the motion to approve the execution of this resolution and Change Order passed by a vote of 6-0-1, with Director Bumpass being absent for this vote. RESOLUTION NO. 48-84 APPEARS ON PAGE x.04 OF ORDINANCE & RESOLUTION BOOK XU I 1 1 RENOVATION OF CITY HALL/CHANGE ORDER II Mayor Noland introduced a resolution authorizing the Mayor and City Clerk to execute a Change Order in the City's contract with Kan -Ark Industries, Inc. for the renovation of the City Administration Building for the installation of a video control booth adjacent to the Board of Directors Room/Municipal Court. Mr. Froning of Hailey-Powers-Froning, addressed the Board and stated that the architects had received a price from Kan -Ark Industries, Inc. to instal) the video control booth and the conduit, which, the video;cameras could be plugged 481.2 into, and the switching equipment would be contained in this booth. The price to install this booth and conduit would be $10,928, which price was lowered from the previous estimate given to the City Hall Committee of $11,600. The video control booth would be used for storage from week to week when equipment is not being used, and would be made of double thickness one-way glass. 481 481.1 CO Director Orton, seconded by Director Johnson, made a motion to authorize the execution of this resolution and Change Order. Upon roll call, the motion passed 481.3 U by a vote of 5-1-1, with Director Bumpass being absent for this vote and Director CO Sharp voting in the minority. Q RESOLUTION NO. 49-83 APPEARS ON PAGE 270 OF ORDINANCE & RESOLUTION BOOK XVI In a related matter, Mr. Froning presented a revised color scheme to the Board for their approval. The color scheme of beige, brown and grey was approved for use in the City Administration Building and the architects will prepare to 481.4 order these materials. 1 NOMINATING COMMITTEE RECOMMENDATIONS FOR APPOINTMENTS Director Johnson, Chairperson of the Board Nominating Committee, stated the Committee had met and is making the following recommendations: ADVERTISING & PROMOTION COMMISSION: The reappointment of Claud Prewitt, for a term ending April 1, 1987; BOARD OF ADJUSTMENT: The reappointment of Bob Waldren, for a term ending April 1, 1988; BOARD OF HOUSING & CONSTRUCTION APPEALS: The appointment of Paul Parker, for a term ending April 1, 1988; CIVIL SERVICE COMMISSION: The appointment of Rev. J.L. Thompson, for a term to expire April 1, 1989; HISTORIC DISTRICT COMMISSION: The appointment of Lawrence Santeford and the reappointment of Malcolm McNair, for terms ending April 1, 1986; INDUSTRIAL PARK COMMITTEE: The appointment of Don Trumbo, and the reappointment of Conlee Bodisbaugh and Pat Watkins for terms ending April 1, 1988; and the NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION: The appointment of Warren McDonald for a new position ending January 1, 1986. Director Sharp, seconded by Director Orton, made a motion toTauthorize the recommendations of the Nominating Committee. Upon roll call, the motion passed by a vote of 6-0-1, with Director Bumpass being absent for this vote. SIGN APPEAL/O'REILLY AUTOMOTIVE Mayor Noland introduced an appeal from the literal provisions of the Sign Ordinance made by Mr. Ted Wise, of O'Reilly Automotive, located at 245 East Township. Mayor Noland stated that the variance requested would permit the erection of a 72 square foot free-standing sign at a point 30' feet from the street right-of-way. Mayor Noland stated that under the Sign Ordinance, the largest sign that could be erected at this point would be 40 square feet, unless a variance is granted by the Board. Petitioner, Mr. Ted Wise, was present and stated that the sign is already standing. The sign company had made an error at the time they measured for the 481.5 481.6 481.7 481.8 482 setback and had based the measurements at the corner where there was a 10 foot easement, when, in fact, the easement at the O'Reilly Automotive property line is a 20 foot easement. After the sign was installed, Sign Inspector, 482.1 John Dietzen, informed Mr. Wise that the sign was actually 10 feet too far out. Mr. Wise is requesting a variance to enable O'Reilly Automotive to move the sign back 10 feet when the road is widened, to comply with the Sign Ordinance. 482.2 Director Orton asked if Mr. Wise would be willing to sign a Bill of Assurance that the sign would be moved back 10 feet at the call of the City, when the road is widened. He was in agreement. Mr. Dietzen stated that he felt O'Reilly Automotive was the innocent victim of the misinterpretation of the City's right-of-way by the sign company. Director Lancaster, seconded by Director Osborne, made a motion to 482.3 approve this variance, with the execution of a Bill of Assurance by the petitioner that he would move the sign at the call of the City. Upon roll call, the motion passed by a vote of 6-0-1, with Director Bumpass being absent for this vote. ORDINANCE AMENDING GENERAL LAND USE PLAN Mayor Noland introduced an ordinance amending the General Land Use Plan 482 4 of the City of Fayetteville to designate recommended land uses for the recently annexed area along Arkansas Highway 16 West. Mayor Noland stated that most of this newly annexed land came into the City as agricultural land and it will remain agricultural land until such time as the zoning change is requested. This is to be used as a planning guide for use in the development of the area. At a public hearing on March 28, 1983, the Planning Commission recommended approval by a vote of 7-0. 482.5 In the absence of the City Attorney, Assistant City Manager McWethy read the ordinance for the first time. Director Osborne, seconded by Director Lancaster, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed by a vote of 5-0-2, with Directors Bumpass and Johnson being absent for this vote. The Assistant City Manager 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 by a vote of 5-0-2, with Directors Bumpass and Johnson being absent for this vote. The Assistant City Manager read the ordinance for the final time. Upon roll call, the ordinance passed by a vote of 5-0-2, with Directors Bumpass and Johnson being absent for this vote. ORDINANCE NO. 2908 APPEARS ON PAGE 345 OF ORDINANCE & RESOLUTION BOOK XVII Director Lancaster called to the Board's attention a letter directed to 482.6 the Board from Mr. Russell Jack, in which he outlined some suggestions con- cerning future development of land on either side of Highway 16 West (Wedington Drive) to the city limits. They are: (1) A study to be made, by an engineering firm, to determine what should be done to correct the drainage problems, before any development is begun; (2) a sewer improvement district should be established; (3) no new commercial zoning be allowed between Highway 71 B -Pass and Double Springs Road; and (4) Statement by Mr. Jack that he prefers any development to be single-family residence or duplexes, or, if any commercial zoning is allowed, Mr. Jack reserves the right to petition the Planning Commission for rezoning of their 18 acre parcel in the southwest corner of Highway 16 West and County Road 650 for commercial. 1 1 Director Osborne was in agreement with Mr. Jack's suggestion that engineering studies take place to determine what should be done to correct drainage problems, before any development is started. It was Director Osborne's view that the developer of the property should be responsible for correcting the drainage problems, if they exist. Assistant City Manager McWethy stated that he felt it was the feeling of the Planning Commission that a comprehensive plan of the area as a whole needed to be done so that a developer of a given parcel would know what plans they should make in connection with their development. 483 483.1 483.2 Mayor Noland asked if the Board wished to instruct City Staff to seek proposals to study the drainage problems in the area in question. 483.4 Director Osborne, seconded by Director Lancaster, City Staff to review the entire area and return to the plan to augment the suggestions made by Mr. Jack, with problems, etc. Upon roll call, the motion passed by a Bumpass being absent for this vote. made a motion to instruct Board with a comprehensive respect to sewers, drainage vote of 6-0-1, with Director 483.5 City Manager Grimes mentioned that Northwest Engineers had done some preliminary studies concerning what areas can or cannot be sewered in the Highway 16 West area, 483.6 from the By -Pass to Garland. ORDINANCE AMENDING THE MASTER STREET PLAN Mayor Noland introduced an ordinance amending the Master Street Plan of the City of Fayetteville for the recently annexed area along Arkansas Highway 16 West. Mayor Noland stated that this will be some new designation for existing streets and the incorporation of some new streets. Mayor Noland stated this was recommended by the Planning Commission. In the absence of the City Attorney, Assistant City Manager McWethy read the ordinance for the first time. Director Osborne, seconded by Director Orton, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed by a vote of 6-0-1, with Director Bumpass being absent for this vote. The Assistant City Manager read the ordinance for the second time. Director Osborne, 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 by a vote of 6-0-1, with Director Bumpass being absent for this vote. The Assistant City Manager read the ordinance for the final time. Upon roll call, the ordinance passed by a vote of 6-0-1, with Director Bumpass being absent for this vote. ORDINANCE NO. 2909 APPEARS ON PAGE 3'1.8 OF ORDINANCE & RESOLUTION BOOK X!11 STREET COMMITTEE REPORT Chairman of the Street Committee, Director Sharp stated that he felt the Board should review the five requests before the Board in turn. Hackney Bros. Body Company, Request for acceptance of a Bill of Assurance to install sidewalks along Pump Station Road and Armstrong Avenue, at the call of the City. Director Sharp stated that this request had come to the Board previously and the Board had granted them a building permit, but referred this granting of a Bill of Assurance to the Board for review. Director Sharp stated that the Board had granted Bills of Assurance to other companies in the Industrial Park. He added that the Street Committee recommended acceptance of this Bill of Assurance. Director Sharp, seconded by Director Osborne, made a motion to grant this Bill of Assurance to Hackney Bros Body Co., with the understanding that the 484.7 483.8 484.9 483.10 483.11 4184 sidewalk would be installed, at the call of the City. Upon roll call, the motion passed by a vote of 6-0-1, with Director Bumpass being absent for this 484.1 vote. Quail Drive and Woodlark Lane, Request for acceptance of a Bill of 484.2 Assurance to install sidewalks. Director Sharp stated that the Street Committee had reviewed this matter and recommend the granting of a Bill of Assurance along Woodlark Lane, and require a sidewalk along Quail Drive. The Committee recommended the petitioner, Mr. Harvey Smith of Woodlark Lane, be granted this Bill of Assurance as the area does not have any other sidewalks, and appears to have several vacant lots. Director Sharp, seconded by Director Johnson, made a motion to grant 484.3 the execution of a Bill of Assurance along Woodlark Lane, and require sidewalk installation along Quail Trail. Upon roll call, the motion passed by a vote of 6-0-1, with Director Bumpass being absent for this vote. 2800 Block of North College Avenue, request for acceptance of a Bill of 484.4 Assurance to install a sidewalk. Director Sharp stated that this location is in an area which has planters at the location where construction would occur. The Street Committee recommended granting a Bill of Assurance until some arrangement could be made between the Petitioner and the City Staff on the future construction of this sidewalk. Director Sharp, seconded by Director Osborne, made a motion to grant this 484.5 Bill of Assurance. Upon roll call , the motion passed by a vote of 6-0-1, with Director Bumpass being absent for this vote. Property along Highway 62 West, west of One Mile Road, Request for a 484.6 waiver of sidewalk requirements for this property. Director Sharp stated that this area is currently under construction, being made into a five -lane highway and the Street Committee recommends the granting of a Bill of Assurance until the construction is completed. Director Sharp, seconded by Mayor Noland, made a motion to grant this 484.7 Bill of Assurance. Upon roll call, the motion passed by a vote of 6-0-1, with Director Bumpass being absent for this vote. Front Street, Request from Arkansas Western Gas Company for acceptance of 484.8 a Bill of Assurance. Director Sharp stated that the Street Committee determined to refer this request to the Board for review. Representing the Gas Company was Mr. James L. Walker, Vice President -Operations. Mr. Walker stated that his firm has plans to construct a storage building on the property located on Block 2, of A.W. Realty Subdivision, zoned I-1. Their headquarters building is located on Block 1, zoned C-2. In requesting a building permit to construct the storage building, the firm was requested to build a sidewalk adjacent to Front Street, in an area which Mr. Walker felt there was no pedestrian traffic at this time and little development in the immediate area. He requested the granting of a Bill of Assurance to construct the sidewalk, at the call of the City, as further development occurs. There was discussion as to whether these two parcels should be considered as one piece of property. Director Sharp felt the matter should be referred to the City Attorney and the Planning Office to determine what action is needed if development occurs. Director Lancaster, seconded by Director Osborne, made a motion to 484.9 accept this Bill of Assurance from Arkansas Western Gas. The Board deter- mined that a sidewalk was not needed on Sain Street. On December 7, 1982 the Board, as recommended by the Street Committee, had vacated and abandoned a platted but unopened portion of Sain Street. This was done by Ordinance 2883 passed and approved on December 21, 1982. 1 Upon roll call, the motion passed by a vote of 6-0-1, with Director Bumpass being absent for this vote. ORDINANCE IMPOSING A BUILDING PERMIT MORATORIUM 485.1 Mayor Noland introduced an ordinance imposing a moratorium on the issuance of 485.2 Building Permits for Lots 4-13 in Miller Addition, until such time as public sewer service is available. In the absence of the City Attorney, Assistant City Manager. McWethy read the ordinance for the first time. Director Lancaster, seconded by Mayor Noland, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed by a vote of 6-0-1, with Director Bumpass being absent for this vote. The Assistant City Manager read the ordinance for the second time. Director Osborne, seconded by Director Sharp, made a motion to CO further suspend the rules and place the ordinance on third and final reading. CO Upon roll call, the motion passed by a vote of 6-0-1, with Director Bumpass being absent for this vote. The Assistant City Manager read the ordinance for the final time. Upon roll call, the ordinance passed by a vote of 6-0-1, with m Director Bumpass being absent for this vote. ORDINANCE NO. 2912 APPEARS ON PAGE 357 OF ORDINANCE & RESOLUTION BOOK XIII In discussion, Mr. Arthur Miller, developer of the subdivision, asked Mayor Noland his assessment of the pending sewer ban. Mayor Noland stated that the City of Fayetteville, the Department of Pollution Control & Ecology, and representatives of Campbell Soup had met and were devising a plan to satisfy the requirements of the DPC&E. 1 COMPUTER LAWSUIT Mayor Noland introduced a resolution authorizing the initiation of legal proceedings against the Microdata'Corporation,'regarding the computer purchased by -the City. - Mayor Noland made a motion to authorize this resolution. Director Sharp stated that he would second this motion with an amendment to include that the lawsuit be filed against all parties, being the vendors, consultants, and the manufacturer. Mayor Noland stated that he felt he wanted additional legal advice concerning this matter. Director Orton stated that she was in agreement with the amendment made by Director Sharp to include all parties in this lawsuit. Mayor Noland then withdrew his motion. Director Lancaster, seconded by Director Sharp, made a motion to instruct the City Attorney to file suit against all parties involved. Director Orton added that this should include all three consultants, the vendor, and the manufacturer. Finance Director Linebaugh added that one lawsuit had already been filed against the vendors. Director Lancaster reiterated his motion to file suit against all parties at this time. There being no further discussion, upon roll call, the motion passed by a vote of 6-0-1, with Director Bumpass being absent for this vote. UTILITY EASEMENT ESTABLISHED 485.3 485.4 485.5 485.6 485.7 485.8 Mayor Noland introduced a resolution establishing a 25' utility easement 485.9 along the west side of the City's proposed incinerator site on South Razorback Road. City Manager Grimes stated that the utility companies need access to this site and the City is making arrangements with them concerning elevations to eliminate any conflict in the development of the proposed incinerator site. Director Osborne 486 recommended the resolution and easement be altered to reflect that utiliites installed in conjunction with this easement will be subject to relocation, if 486.1 necessary, at the call of the City, and at no expense to the City. Mayor Noland, seconded by Director Osborne, made a motion to execute 486.2 this resolution and easement. Upon roll call, the motion passed by a vote of 6-0-1, with Director Bumpass being absent for this vote. RESOLUTION NO. 50-83 APPEARS ON PAGE;2,7q OF ORDINANCE & RESOLUTION BOOK )N( PARKS & RECREATION ADVISORY BOARD REQUEST Mayor Noland stated that Mrs. Beverly Melton of the Parks & Recreation 486.3 Advisory Board had requested authorization to have a swimming pool art contest, for a mural to be placed on the bathhouse of the Wilson Park Pool. He suggested the request be tabled until an upcoming Board Meeting in that Mrs. Melton was not able to attend this meeting. Director Sharp, seconded by Director Johnson, made a motion to table this request. Upon roll call, the motion passed by a vote of 6-0-1, with Director Bumpass being absent for this vote. BID AWARDS Award of Bid #516 - Vehicles for the Water & Sewer Department Purchasing Agent Mackey recommended the award of the bid for the 1983 1/2 486.4 ton pick-up to Nelms Chevrolet, in the amount of $7,389.29, and the award of the remainder of the bid for two 27,500-33,500 GVW truck chassis, two 23,100 GVW truck chassis w/flat bed dump, and one small pick-up for meter reading, to Lewis Ford in an amount of $94,054.00. Mr. Mackey noted that the Water & Sewer Department is upgrading the vehicle used for meter reading from a Datsan to a Ford Ranger, which had been justified to the Board in a previous agenda before the Board. 486.5 Director Lancaster, seconded by Director Johnson, authorize the award of this bid to Nelms Chevrolet, in and to Lewis Ford in the amount of $94,054. Upon roll by a vote of 6-0-1, with Director Bumpass being absent made a motion to the amount of $7,394, call, the motion passed for this vote. Award of Bid for Sewer Line Extension/Fayetteville Industrial Park 486.6 Mayor Noland stated that this sewer line extension would serve Arkansas Western Gas in the Industrial Park and that these utilities are extended as they are needed and the charges are made against the property owner when it is sold or developed, and these monies are returned to the City at that time. Purchasing Agent Mackey and City Engineer Bunn recommended the award of the bid to the low bidder, Frontier, Incorporated, of Little Rock. Mayor Noland, seconded by Director Osborne, made a motion to execute 486.7 this resolution and contract. Upon roll call, the motion passed by a vote of 6-0-1, with Director Bumpass being absent for this vote. ORDINANCE/TROT LINES PROHIBITED AT AREA LAKES Mayor Noland introduced an ordinance amending Sec. 13-12(4) of the 486.8 Fayetteville Code of Ordinances to prohibit trot lines, set lines, limb lines and jug fishing at area lakes. 1 In the absence of the City Attorney, Assistant City Manager McWethy 4 8 read the ordinance for the first time. Director Johnson, seconded by Director 7 Orton, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed by a vote of 6-0-1, with Director 487.1 III Bumpass being absent for this vote. The Assistant City Manager read the ordinance for the second time. Director Orton, 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 6-0-1, with Director Bumpass being absent for this vote. Director Sharp, seconded by Director Osborne, made a motion to amend this ordinance to include Lake Wilson, in addition to Lake Fayetteville and Lake Sequoyah. Upon roll call, the motion to amend this ordinance passed by a vote of 6-0-1, with Director Bumpass being absent for this vote. The Assistant City Manager read the ordinance for the final time. Upon roll call, the ordinance passed by a vote of 6-0-1, with Director Bumpass being absent for this vote. CD ORDINANCE NO. 2910 APPEARS ON PAGE 357 OF ORDINANCE & RESOLUTION BOOK KM CO OTHER BUSINESS CO Request for Drainage Improvements/Wedington Drive Q Mrs. Robert C. Bigger addressed the Board and requested consideration.for 487.2 Community Development Block Grant funds for drainage improvements on Wedington Drive. City Manager Grimes stated that a study had been done in this area pre- viously and it had been included on the original list of CD Block Grand Funding items, but had been eliminated from final consideration. The estimated cost of these improvements was $200,000. He added that it was considered to be done in increments, and the original proposed budget, as submitted by the Street Superintendent, was $100,000. Mr. Grimes added that this area had been included III in long range plans for improvements by the Arkansas Highway Department and the City Staff had submitted a copy of this drainage study to the Highway Department for consideration. It was determined that the City Manager would again contact the Highway Department concerning the long range plans for this area and report back to the Board. Naming of Washington Mountain Park Director Sharp had made a recommendation in the agenda material for the naming of the Washington Mountain Park, as Finger Park. He stated that the Parks Board had suggested the naming of the park. Director Johnson suggested the Board submit possible names to the Parks Board and they could, in turn, bring those suggestions back to the Board for a vote. National League of Cities Director Orton reviewed some material from the National League of Cities concerning Senate Bill 66 on deregulation of the cable. Director Orton stated that the National League of Cities is negotiating toward a compromise on this plan, whereby local government would have the authority to regulate the quality of service, have more options concerning contracts, franchise agreements, systems, construction schedules, and penalties for delay in construction. This material is available for the review of the Board. Resolution/Engineering Services Director Osborne introduced a resolution expressing the intent of the Fayetteville Board of Directors to utilize the engineering services of CH2M Hill in association with McClelland Consulting Engineers, Inc., for any amendment to the City's 201 Facilities Plan. Director Osborne, seconded by Mayor Noland, made a motion to authorize the execution of this resolution. Upon roll call, the motion passed by a vote 487.3 487.4 487.5 487.6 48S of 6-0-1, with Director Bumpass being absent for this vote. RESOLUTION NO. 52-83 APPEARS ON PAGE OF ORDINANCE & RESOLUTION BOOK x VI Requests for Proposals/Bonding Consultants Director Osborne introduced a letter received from Mr. Mark McBride, of Stephens, Inc., bonding consultants, in which that firm asked to be selected 488.1 as the underwriter on the City's proposed issuance of sewer bonds. Director Osborne stated that he felt the Board should determine whether to select the Stephens, Inc. firm, after review of the letter, or to seek proposals, following the Professional Selection Policy guidelines. Mayor Noland stated that Mr. McBride had been present at a recent meeting 488.2 of the Water & Sewer Committee and at that time the Board had asked that requests for proposals be sent out. Director Osborne stated that the Stephens, Inc. firm had performed services for the City previous to this and City Manager Grimes stated that the firm had done some consulting on the City's behalf in conjunction with the Solid Waste Authority. There being no further discussion, Director Johnson, seconded by Director 488.3 Osborne, made a motion to instruct City Staff to request proposals from area bonding consultants. Upon roll call, the motion passed by a vote of 6-0-1, with Director Bumpass being absent for this vote. Amendment to the City's Noise Ordinance City Manager Grimes introduced an ordinance, as recommended by the City 488.4 Attorney, amending Sec. 13-8.1 of the Fayetteville Code of Ordinances to provide that the prohibition against unreasonable or excessive noise prescribed thereby shall apply to noncommercial public speaking and public assembly activities conducted on public property. In the absence of the City Attorney, Assistant City Manager McWethy 488.5 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 by a vote of 6-0-1, with Director Bumpass being absent for this vote. The Assistant City Manager read the ordinance for the second time. Director Orton, 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 6-0-1, with Director Bumpass being absent for this vote. The Assistant City Manager read the ordinance for the final time. Upon roll call, the ordinance passed by a vote of 6-0-1, with Director Bumpass being absent for this vote. ORDINANCE NO. 2911 APPEARS ON PAGE 35t OF ORDINANCE & RESOLUTION BOOK XIII 1 1 1 1 o (Y) MINUTES Change to the Minutes of Meeting of March 8, 1983: 456.1 - This paragraph should be reworded. It should read, "of this plan. Directors Orton and Sharp m supported the regional approach to protecting Beaver Lake but did not want any Q specific solution stated at this time. The Board concurred. Director Osborne stated that he felt..." 489 Remarks by Director Osborne Regarding City's Sewer Plan Director Osborne made reference to an article which appeared in the Arkansas Gazette, which stated that the proposal of CH2M Hill to the City was unsolicited. He thought it could be misinterpreted by the citizens of the City of Fayetteville. He stated that the first contact of CH2M Hill with the City was not through Campbell Soup. There were two previous contacts at the City's request, the first one being through the City's engineers to review the Facilities Plan, and the second being a soliciation by the City of a proposal from CH2M Hill to review the Facilities Plan, to rewrite it. He wanted the record to reflect that the City had not selected Campbell Soup's engineers, in that the CH2M Hill firm had had contacts with the City twice before Campbell Soup hired them as consultants. He added that he felt the City was now on the road to resolving its sewer problems. 489.1 489.2 Changes to the Minutes of Meeting of March 22, 1983: 460.2 - "number of lines within each mini system," should be changed to "number of line segments to be 489.3 replaced within each mini system," 460.6 - Following the words, "Professional Selection Policy," add the following, "Director Orton stated that she is in favor of getting this project done in that there is urgency to do it while the spring rains are occurring. She would be against waiving the policy if other construction were needed later. The City Attorney stated that the fact that a member of the Board had asked for recon- sideration of this resolution and contract deemed it appropriate to be taken to a vote of the Board." 467.7 - "Director Bumpass, seconded by Director Osborne, made a motion to 489.5 recess prior to the tally." should be changed to "Director Bumpass, seconded by Director Osborne, made a motion to recess to afford the Board members an opportunity to prepare their individual tally sheets." 468.1 - "construction costs of $20,000" should be changed to "construction costs costs of $20,000,000"; "construction costs of $25,000" should be changed to 489.6 "construction costs of $25,000,000; and "construction costs of $30,000" should be changed to "construction costs of $30,000,000". 471.6 - "Mayor Noland stated that the Parks & Recreation Advisory Committee and the Planning Commission have asked that the City" should be changed to "Mayor Noland stated that the Parks & Recreation Advisory Committee has asked that the City". 489.4 ADJOURNMENT There being no further business, the meeting adjourned at 10:10 p.m. 489.7 489.8 e ,. r Attachment 1983 CDBG BUDGET PATI ADMINISTRATION $ 75,000 CONTINGENCIES 54,000 HOUSING REHABILITATION 100,850 BOA WEATHERIZATION 3,500 CHILDREN'S HOUSE Multi-year project 20,000 STREET CONSTRUCTION 288,650 Old Farmington. Rd. (Hwy 62W to Bypass) 110,400 One Mile Rd. (Hwy 62W to Old Farmington) 74,750 Sandra Street (One Mile Rd. to Old Farmington) 89,700 -• Stonebridge Rd. (Huntsville to Wyman Rd.) 13,800 TOTAL $542,000 f IOW Priority # Item 1. Old Farmington Road improvements, from Highway 62 West to the Highway 71 access road. $96,000 plus 15% for engineering and contingencies 2. One Mile Road improvements, from Hiohway 62 West to Old Farmington Road. 565,000 plus 15% for engineering and contingencies 3. Sandra Street Improvements, from One Mile Road to Old Farmington Road. $78,000 plus 15% for engineering and contingencies 3. - Velda Court improvements, from One Mile Road to the dul-de-sac. $3,100 plus 15% engineering and contingencies. Note: Velda Court appears to be a private drive, as there is no dedicated street right-of-way 4. Matching funds for the E.O.A. weatherization program Attachment "13" 5. Housing rehabilitation funds to rehabilitate the homes of elderly and low-income owners 6. Stonebridge Road improvements, from East Huntsville Road to Wyman Road. S12,000 plus 15% for engineering and contingencies Two-year funding request of Childrens' House and SCAN, contingent upon eligibility Price ranoe $ 110,400 74,750 89,700 3,555 3,500 't L5 00R 8. Sidewalks on Ellis Avenue, from Dunn to Hill. $50,000 plus 15% engineering and contingencies 9. West Center Street improvements, from Hartman to Graham. $93,000 plus 15% engineering and contingencies 13,800 92,500 57,500 Preliminary tally 3.428 ' 3.714 4.571 (tie) 4.571 (tie) 5.000 5.428 6.428 6.957 7.255 106,950 8.000 Total: 677,665