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HomeMy WebLinkAbout1983-04-19 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 April 19, 1983, in Room 107, Continuing Education Center, Fayetteville, Arkansas. 1.1 1 PRESENT: Mayor Noland, Directors Lancaster, Orton, Sharp, Bumpass, and Johnson; City Attorney McCord; City Manager Grimes; Assistant City Manager McWethy; City Clerk Kelly, members of the press and audience. ABSENT: Director Osborne CALL TO ORDER Mayor Noland called the meeting to order and asked for a moment of respectful silence. 0 WILSON PARK NEIGHBORHOOD ASSOCIATION/PETITION QMrs. Fred Hanna of the Wilson Park Neighborhood Association addressed the 1.4 Board and presented the following petition: "We, the undersigned members of the Q Wilson Park Neighborhood Association, formed on October 14, 1983, hereby respect- fully request and petition the City Manager, Don Grimes, and the City Board to do the following: (1) To enforce the existing rules of Wilson Park Ordinance #1594; (2) To install gates with locks at each road entrance. Have an officer open and shut the park at the designated times daily, i.e. 6:00 a.m. and 11:00 p.m.; (3) To have violation of Park rules a punishable offense if it is not already so ruled; (4) To change the Rule #2 which now reads: "No alcoholic beverages allowed in park" - To read, "No alcoholic beverages, drugs, or controlled substances to be consumed, allowed or sold in the Park; and (5) To have the lights on tennis courts fixed so they can not be turned on after 11:00 p.m." Mayor Noland asked that this petition be included in the files of this meeting maintained by the City Clerk. 1.2 1.3 SEWER RATE INCREASE/ORDINANCE Mayor Noland stated that several meetings concerning the sewer rate increase had taken place since it was first considered by the Board on February 15, 1983. The rate consultants, Black & Veatch of Kansas City, had recommended interim rate increases, based on volume of use, ranging from 18.3 percent for low volume users to 82.8 percent for users discharging 40 million gallons or more per month. (Campbell Soup would fall in the category of 82.8 percent useage). City Manager Grimes stated that Campbell Soup representatives had requested an opportunity to discuss these proposed rate increases with the consultants, the City's Water & Sewer Committee, and City Staff. He felt they should be afforded that courtesy. He recommended an immediate rate increase ranging from a low of 13.7 percent to 33.7 percent, with the understanding that the ordinance would probably be amended at a later time to include the upper levels proposed by Black & Veatch. Mr. Grimes recommended these rate increases take effect June 1, 1983. Mr. Blaine Bickel, of Black & Veatch, addressed the Board and recommended increasing all rates 20 percent for this interim period, and stated that within a thirty day period his firm would have the figures needed for the new treatment plant, and they would then develop a new set of rates based on cost of service to implement the new treatment plant. These rates were proposed to make a move toward the cost of service. The 20 percent across-the-board increase would meet the operating and maintenance expenses, current debt service, and routine repairs needed, and, from an administrative standpoint, would be very little trouble to implement. 1.5 1.6 2 Mayor Noland reiterated that the decision before the Board was whether to approve the proposed rate increases, which would top off at 33.5% for all users over 500,000 gallons on a monthly basis, as an interim measure, or approve the Black & Veatch proposal for a 20 percent across -the board increase at all levels. 2.1 Director Orton stated that she would prefer the rate schedule which would top off at 33.5 percent. Mr. Bickel stated that under the existing schedule, regardless of class of customer, the user would pay the given rate pertaining to volume useage. Directors Lancaster, Orton and Bumpass were concerned that a 20 percent 2.2 across-the-board increase would penalize the small, residential user. Mr. Bickel stated that the reason the higher increases were proposed for industrial users was so final increases required of all classes of users would show less dis- parity. He pointed out that the existing rates which were first computed 10 years ago were based on cost of service, but they are no longer based on cost of service. He felt that the best means to attain cost of service charges was by the interim rate recommendations made by his firm. 2.3 2.4 2.5 Director Bumpass made a motion to approve the recommendation of Black & Veatch, as outlined in their letter of April 8, 1983, to increase the sewer rates on an interim basis. There was no second to this motion. City Attorney McCord pointed out that the motion of Director Bumpass should be construed as an amendment to the ordinance which had been before the Board on February 15, 1983. Director Johnson, seconded by Director Lancaster, made a motion to amend the ordinance, to allow for a 20% across-the-board increase in the sewer rates, as an interim measure to cover the current operating deficits. Upon roll call, the amendment to the ordinance passed by a vote of 5-1-1, with Director Bumpass voting in the minority and Director Osborne being absent for this vote. City Attorney McCord pointed out that the ordinance was left on first reading and tabled at the meeting of February 15, 1983. 2 6 Director Johnson, seconded by Mayor Noland, made a motion to suspend the rules and place the ordinance, with amendment, on second reading. Upon roll call, the motion passed by a vote of 5-1-1, with Director Bumpass voting in the minority and Director Osborne being absent for this vote. City Attorney McCord read the ordinance for the second time. 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 5-1-1, with Director Bumpass voting in the minority and Director Osborne being absent for this vote. 2.7In discussion, City Attorney McCord pointed out that the original ordinance read on February 15, 1983, contained an emergency clause. However, since the ordinance did not pass unanimously, the ordinance would not become effective immediately, but would become effective thirty-one days from the date of publication. 2 B Director Orton, seconded by Director Sharp, made a motion to invoke the emergency clause. Upon roll call, the motion passed by a vote of 5-1-1, with Director Bumpass voting in the minority and Director Osborne being absent for this vote. In further discussion, City Attorney McCord pointed out that the emergency clause did not specify the effective date of the rate increase as being June 1, 1983. Director Lancaster, seconded by Director Johnson, made a motion to amend the emergency clause to specify the effective date of this 1 rate increase as June 1, 1983. Upon roll call, the motion to amend the emergency clause passed by a vote of 5-1-1, with Director Bumpass voting in the minority and Director Osborne being absent for this vote. The City Attorney read the ordinance for the final time. Upon roll call, the ordinance passed by a vote of 5-1-1, with Director Bumpass voting in the minority and Director Osborne being absent for this vote. ORDINANCE NO. 2913.._ -APPEARS. ON PAGE / OF ORDINANCE & RESOLUTION BOOK XIV AMENDMENT/BLACK & VEATCH CONSULTING ENGINEERS CONTRACT Mayor Noland introduced a resolution authorizing a $30,000 amendment to a sewer rate engineering contract with Black & Veatch Consulting Engineers, for additional work in connection with the computation of sewer rates. This amendment ({) to the contract has been reviewed by the Finance Director and City Manager and has TH their recommendations. O Director Lancaster, seconded by Director Bumpass, made a motion to authorize the execution of this resolution and contract amendment. Upon roll call, the 3.4 Q motion passed by a vote of 6-0-1, with Director Osborne being absent for this vote. 3.1 3.2 3.3 Q RESOLUTION NO. 53-83 APPEARS ON PAGE 2.99 OF ORDINANCE & RESOLUTION BOOK XV( PUBLIC FACILITIES BOARD/REQUEST FOR RECONSIDERATION OF AGENDA ITEM Mayor Noland stated that Director Sharp had made a request that this matter be reconsidered at this meeting. The request for authorization to issue up to $4,000,000 in revenue bonds to finance the construction of a 96 -unit multi -family housing project had been denied by the Board at the meeting of April 5, 1983, by a vote of 5-1-1, with Director Osborne abstaining and Director Bumpass being absent for this vote. Director Sharp stated that he had been asked by the attorney for the petitioners, N & R Properties (Messrs. Clemen Neff and Sam Rogers), to withdraw this request for reconsideration. JAIL FUNDING Mayor Noland called for consideration of a request by County Judge Charles Johnson that the City pledge up to 10% of its county sales tax revenues to assist in the financing of the proposed new County jail. This request had been to the Board Finance Committee and was referred to the Board without recommendation. Director Orton stated that it is her understanding that the jail proposal has not been finalized with regard to funding needs, and in discussion with county repre- sentatives she was informed that there could be a reduction in the amount of funds needed. Director Lancaster stated his opposition to the use of City sales tax proceeds for use in financing the County jail. Director Orton, seconded by Director Bumpass, made a motion to table this discussion. Upon roll call, the motion passed by a vote of 6-0-1, with Director Osborne being absent for this vote. Director Sharp stated that he would be in favor of the Board meeting with Judge Johnson to discuss this proposal in more detail, adding that he was appreciative of the efforts made thus far by County representatives. RATES REDUCED FOR PARKING-BY-CARD/ORDINANCE APPROVED Mayor Noland introduced an ordinance reducing the monthly rate for parking -by - card in the third level of the City's parking deck, to $15.00 per space per month, from $20.00 per space per month. This reduction was designed to stimulate useage and increase revenues. 3.5 3.6 3.7 3.8 City Atto seconded by Di ordinance on s 6-0-1, with Di read the ordin 4.1 Johnson, made third and fina with Director o rdinance for o f 6-0-1, with rney McCord read the ordinance for the first time. Mayor Noland, rector Johnson, made a motion to suspend the rules and place the econd reading. Upon roll call, the motion passed by a vote of rector Osborne being absent for this vote. City Attorney McCord ance for the second time. Director Bumpass, seconded by Director a motion to further suspend the rules and place the ordinance on 1 reading. Upon roll call, the motion passed by a vote of 6-0-1, Osborne being absent for this vote. The City Attorney read the the final time. Upon roll call, the ordinance passed by a vote Director Osborne being absent for this vote. ORDINANCE NO. 2914 APPEARS ON PAGE 4 OF ORDINANCE & RESOLUTION BOOK XIV- ADDITIONAL IV ADDITIONAL METERED, ON -STREET PARKING ZONES/ORDINANCE APPROVED Mayor Noland introduced an ordinance authorizing the Traffic Superintendent 4.2 to designate additional metered, on -street two hour -limit parking zones. City Manager Grimes stated that he and the Traffic Superintendent have designated Center Street, and Mountain, from College to Church, and Block and East, from Rock to Meadow for these additional zones. He added that spot checks would be taken to note the license numbers. Maps would be prepared of these areas to include the license numbers to maintain these spot checks. City Attorney McCord read the ordinance for the first time. Director 4.3 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 by a vote of 6-0-1, with Director Osborne being absent for this vote. 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 o rdinance on third and final reading. Upon roll call, the motion passed by a vote of 6-0-1, with Director Osborne being absent for this vote. The City Attorney read the ordinance for the final time. Upon roll call, the o rdinance passed by a vote of 6-0-1, with Director Osborne being absent for this vote. ORDINANCE NO. 2915 APPEARS ON PAGE 7 OF ORDINANCE & RESOLUTION BOOK Jilt/ 1 1 VIDEO EQUIPMENT PROPOSAL CONSIDERED Mayor Noland called for consideration by the Board of a proposal to pur- 4.4 chase certain pieces of video equipment to allow continued multi -camera live coverage of City Board meetings. The proposal before the Board had listed the equipment necessary for a remote system, as well as the equipment needed to continue multi -camera coverage. Shea Crain, Manager of Fayetteville Open Channel, addressed the Board and said that the information presented to them referred to a proposal whereby the City would purchase a switcher and head sets for those o perating the camera, with Fayetteville Open Channel providing the cameras. She said a remote system would be a savings of labor in that one person could operate the entire system, and it was suggested to address the future needs of communi- cation and could be expanded to take in coverage of various different meetings. Mayor Noland pointed out that the fact that the Board Meetings are being held in the CEC temporarily would necessitate the movement of the equipment when the City Administration Building is renovated. Ms. Crain pointed out that this equipment is totally portable and totally compact. Director Johnson stated that in light of the amount of money the City has committed to television this year, she would not be in favor of an additional commitment at this time. Director Johnson, seconded by Director Bumpass, made a motion to table this discussion. 1 1 In further discussion, Director Lancaster asked Ms. Crain of Fayetteville Open Channel to seek information on purchase costs and delivery times of the equipment. Director Lancaster preferred the equipment purchase be delayed due to the necessity of moving the equipment at the time the City Hall is completed. 5 5.1 Director Orton made a motion to amend the motion to table, to specify instruc- tion to the Manager of Fayetteville Open Channel to seek specific delivery dates 5.2 and purchase costs of this equipment. There was no second to this amendment to the motion to table. Upon roll call, the motion to table this matter passed by a vote of 5-1-1, with Director Orton voting in the minority and Director Osborne being absent for 5.3 this vote. The Board would review any additional information provided by Fayetteville Open Channel concerning purchase costs and delivery times of the equipment. coCONTRACT CANCELLATION REQUEST/HOWELL TRUMBO CO Mayor Noland called for consideration of a request by Howell Trumbo for 0 Board to terminate a contract closing access onto Highway 71 North from Lots Q 3 and 4 in Bassett's Place Subdivision. Cr 1 Mr. Howell Trumbo, property owner, presented a letter dated April 15, 1983, from the Arkansas State Highway and Transportation Department, which states that before upgrading an existing driveway, a request for a permit to reconstruct the drive should be made to their office. The letter also states the issuance of the permit by the AHTD does not supercede any requirement of the City or County which has jurisdiction over the development of the property. Mr. Trumbo stated that he is entitled to two accesses, ingress and egress, but he is requesting ingress only. He is in the process of negotiating a contract to sell the property, upon the granting of this access. He pointed out that the contract, dated November 14, 1977, between Johnnie Bassett and the City of Fayetteville, states, in part, "if the developers feel undue hardship would be caused by the closing of an existing access, they may petition the Fayetteville Planning Commission for an exception to permit keeping the access open." Mr. Trumbo presented a plat of the area for the Board's review. Mayor Noland noted that the plat which accompanied the Arkansas Highway Department's letter referred to Lots 1 and 2, while the specific lots referred to by Mr. Trumbo were Lots 3 and 4. He felt this should be clarified, in that the areas may have been replatted recently. In reviewing the plat, Director Lancaster noted that there are other lots in the area owned by Mrs. Stout and he felt that the granting of this access to Mr. Trumbo might prompt Mrs. Stout to seek access to those five lots. Mr. Trumbo felt that Mrs. Stout already had access to her property by way o f Shepherd Lane, Director Sharp felt that the terms of the contract pertaining to the petition to be placed before the Planning Commission should be noted. Mr. Trumbo stated that legal counsel had informed him that the proper forum for this contract termination was the City Board. City Attorney McCord stated that he understood the facts to be that there was an existing access, which, in fact, was closed when this service road was completed. Therefore, the contract had been complied with. Mr. Trumbo is therefore asking permission to have access to the road that was closed by the City. Mr. McCord added that the request before the Board was proper for this purpose, but he added that the City Board had the authority to refer the matter to the Planning Commission for their recommendation. Director Lancaster reiterated that this contract was written for the purpose o f controlling traffic, and he would not be in favor of rescinding the contract in that it may add to traffic hazards in that area. Mr. Trumbo stated that he would e rect a sign at the access, stating, "THIS IS NOT AN EXIT." 5.4 5.5 5.6 5.7 6 Director Bumpass raised the question of whether this contract is a binding contract. Mr. Trumbo stated that he purchased the property in June of 1977, under an escrow contract. Mr. McCord stated that since this is an escrow 6.1 contract, Johnnie Bassett had legal title and the deed had not been recorded, but that Mr. Trumbo had equitable title. Mr. Trumbo said that Notice of Contract had been recorded at that time. Mr. McCord stated that under the law of escrow contracts, Johnnie Bassett had legal title at that time, and Mr. Trumbo had equitable title. He felt that the fact that Mr. Trumbo had equitable title at that time might make the contract voidable. Mr. Trumbo then asked the City Attorney to render an opinion on whether 6.2 the City has the authority to close an access that has already been granted by the State. Mr. McCord said that a recent Arkansas Supreme Court decision held that a portion of the Ordinance in question was unconstitutional. That portion would require the developer to construct and dedicate the service road. That case did not address the issue of whether the City has the authority to require access points to be closed. He felt that it was an issue which needed to be addressed and, if the Board directed, he would research that issue and render a formal opinion. He added that other attorneys have the opinion that only the Highway Department has the authority to require the closing of an access. He stated that the Supreme Court has ruled that the City could not require a developer to dedicate a service road, but the issue of the authority to close access points has not been addressed by any court, to his knowledge. Director Orton, seconded by Director Lancaster, made a motion to continue 6.3 this contract, and thereby deny the request of Mr. Trumbo. Upon roll call, the motion passed by a vote of 4-2-1, with Directors Bumpass and Johnson voting in the minority, and Director Osborne being absent for this vote. 6.4 6.5 6.6 ORDINANCE CLOSING PORTION OF EIGHTH STREET Mayor Noland called for an ordinance closing and vacating an unopened portion of Eighth Street, running east from Locust Avenue for a distance of 160'. Mayor Noland stated that this had been considered in a public hearing before the Planning Commission on April 11, and they recommended, by a vote of 8-0, approval of the closing, subject to the retainage of a utility easement. 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 passed by a vote of 5-0-2, with Directors Bumpass and Osborne being absent for this vote. City Attorney McCord 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 by a vote of 5-0-2, with Directors Bumpass and Osborne being absent for this vote. The City Attorney read the ordinance for the final time. Mrs. Cecil Drake, the petitioner, was present. Director Lancaster asked Mrs. Drake her reason for wanting this street closed. She stated that for a period of over twenty years she and her husband had been maintaining the area, clearing if of garbage and debris, and they are seeking to abandon it so they can fence it in and keep it well maintained. Mayor Noland stated that the Board has been advised by the Sanitation Superintendent that this is the only opening between 6th Street and 15th Street, and he felt that in the future there might be some importance for the City to maintain its street right-of-way. City Manager Grimes stated that the Drakes could be permitted to install a fence in the middle of the street and use the north half until such time as the City needs it for street purposes. City Attorney McCord stated that the law states that 1 public right-of-way cannot be acquired by adverse possession, and if the property- owner roperty-owner fences in the right-of-way and uses if for more than seven years, the property owner does not acquire title by adverse possession, and the City can require the fence to be moved to open the street at a later time. Mayor Noland then called for the final roll call on the ordinance. Upon roll call, the ordinance failed by a vote of 6-0-1, with Director Osborne being absent for this vote. It was determined that the petitioners had the right to fence in the platted, and unopened right-of-way, but that the property owners can be required to move it when a street is installed. ORDINANCE CLOSING PORTION OF EIGHTH STREET - II Mayor Noland called for an ordinance closing and vacating an unopened portion of Eighth Street, running west from Church Avenue for a distance of 145'. Mayor Noland stated that this had been considered in a public hearing before the Planning CO Commission on April 11, and they denied this request by a vote of 6-2. 0 Director Sharp, seconded by Mayor Noland, made a motion to affirm the action Q of the Planning Commission. Upon roll call, the motion passed by a vote of 7.4 6-0-1, with Director Osborne being absent for this vote. 7 7.1 7.2 7.3 1 SIDEWALK INSTALLATION/BILLS OF ASSURANCES Mayor Noland stated that Director Osborne had requested that an ordinance be considered authorizing a property owner to execute a Bill of Assurance to guarantee the installation of a sidewalk and to execute these administratively. 7.5 City Attorney McCord read the ordinance for the first time. Mayor Noland, 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 6-0-1, with Director Osborne being absent for this vote. City Attorney McCord 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 by a vote of 6-0-1, with Director Osborne being absent for this vote. The City Attorney read the ordinance for the final time. In discussion, Director Sharp stated that the Board had not had an opportunity to thoroughly review this ordinance and he added that he would like to have Director Osborne's explanation of how this would be administered. The ordinance was left on third reading. NOISE VARIANCE APPEALS HEARD Mayor Noland opened the meeting to presentation of appeals to the granting of variances from the literal provisions of the City's Noise Ordinance. (These variances are outlined in the agenda material): Assistant City Manager McWethy stated that soon after the Noise Ordianance was passed, the Board established a policy that variances should be granted each semester for parties of this sort. Consistent with Board action at this time last year, Mr. McWethy received requests for variances on five different nights, and he asked representatives of these groups to select two of those five nights. He administratively granted variances for the groups listed for the nights of Friday, April 22, and Saturday, April 23. He added that since the agenda was prepared, he had received a request from Sigma Alpha Epsilon. for a variance for the night of Saturday, April 23, and would administratively grant that variance, consistent with the action taken by the Board on the others before them. Mr. McWethy stated that 7.6 7.7 7.8 7.9 8 Tau Kappa Epsilon and Fulbright had also requested variances for the night of April 30, but they were denied in that their requests were for a third night, in one semester, and it has been City Board policy to restrict it to one or 8.1 two specific nights, and everyone is required to comply with that timeframe. A representative of Fulbright addressed the Board and stated that their membership consists of individuals who would be involved in other functions 8.2 occurring on April 22 and 23, and this would hinder the success of their function. She felt also that the group would be in a better position financially if their function were held on April 30. Their party would be held outside and the weather was also a factor. Their intention was to have e disc jockey, rather that a band. Director Johnson stated that her recommendation would be to grant them a permit for 60 decibels, and Mr. McWethy was instructed to grant this permit in the form of a letter to be presented to the Head Residence at Fulbright. A representative of Tau Kappa Epsilon addressed the Board and stated that 8.3 he was seeking the variance due to conflicts on the dates of the 22nd and 23rd, and due to financial problems as well. There was some question as to whether this group would use a live band or stereo equipment for their function. In discussion, the Board determined that Tau Kappa Epsilon would be given a letter from the Assistant City Manager outlining the terms of the Noise Ordinance with respect to decibel limits. It was also determined that the group would seek a variance from the Assistant City Manager if they chose to use a live band. Mayor Noland stated that the remaining variances, as granted by Mr. McWethy, were approved. BID AWARDS Award of Bid/Extension of Sewer Line/Miller Addition Mayor Noland stated that this is construction of a sewer line to serve some 8.4 of the lots in the Miller Addition. There were eight bidders, with the low bidder being Don Mitchell, Incorporated, at a contract price of $19,478. City Manager Grimes stated that it is the recommendation of himself and the City Engineer that this contract be awarded to Don Mitchell, Incorporated. Director Johnson, seconded by Director Lancaster, made a motion to award 8.5 the bid to Don Mitchell, Incorporated, at a contract price of $19,478. Upon roll call, the motion passed by a vote of 6-0-1, with Director Osborne being absent for this vote. RESOLUTION NO. 54-83 APPEARS ON PAGE 30( OF ORDINANCE & RESOLUTION BOOK X'V1 Award of Bid #517/Motor Grader/Street Department Mayor Noland stated that this equipment is a John Deere Model 672A, and 8.6 Con -Mark Construction Machinery of Arkansas is the low bidder on this item, at a contract price of $96,901.37. Clayton Powell, Street Superintendent, stated that the alternate bids did not meet the all wheel drive specifications, and he was confident of the quality of this equipment. This equipment would replace machinery which is twelve years old. Director Johnson, seconded by Mayor Noland, made a motion to award the 8.7 bid to Con -Mark Construction Machinery of Arkansas, at a contract price of $96,901.37. Upon roll call, the motion passed by a vote of 6-0-1, with Director Osborne being absent for this vote. 1 1 1 1 PARKS & RECREATION REQUEST/ART CONTEST Mayor Noland called for consideration of a request by the Parks & Recreation Advisory Board for authorization to have a swimming pool art contest, for a mural on the bathhouse of the Wilson Park Pool. The request had been tabled from the Board Meeting of April 5, 1983. Mrs. Connie Edmonston, of the Parks & Recreation Department, addressed the Board concerning this request and stated that it was determined to set an age 9.2 limit of twenty-one years of age or older, to insure that the project would be completed responsibly.- Director Johnson stated that she had some concern that the preparation of the mural would interfere with the routine use of the pool facility, but Mrs. Edmonston assured her that the project would be limited to the hours before Noon and after 6:00 p.m., when the pool was not in use. Director Sharp inquired as to the cost of the project and Mrs. Edmonston stated that the prize to the winner of the contest would be $300, with the total for prizes and materials totalling approximately $700-800. Mayor Noland pointed out entries Op would be submitted in small scale form for review by the Pool Committee. Mrs. (' Edmonston stated that the Committee would be comprised of representatives from Q the University Art Department, another artist, some representatives of the business a community, and members of the City Board. Director Orton, seconded by Mayor Noland, made a motion to grant authoriza- tion of the swimming pool mural contest. Upon roll call, the motion passed by a vote of 5-1-1, with Director Johnson voting in the minority and Director Osborne being absent for this vote. Directors Johnson and Orton were selected as the City's Board's representatives on the Pool Committee. 9.1 1 9.3 OTHER BUSINESS Eminent Domain Proceedings Authorized City Manager Grimes stated that Right -Of -Way Agent, Ed Connell is requesting the matter of condemnation proceedings for consideration by the Board against 9.4 Kearney National, Inc. Mr. Grimes stated that the City has been negotiating with Kearney National, Inc. for acquisition of property at the airport for some time. This property lies off the north end of the runway, which the City needs for expansion of the airport. The City plans to continue negotiations, but due to the lack of time on this project, the City would like to have authorization to file condemnation proceedings against Kearney National, Inc. The City's appraisal was $15,000 for ten acres, and the appraisal done by Kearney National Inc. was $40,000 for ten acres. Mr. Grimes noted that the bulk of this land lies in the flood plain. Director Bumpass, seconded by Director Lancaster, made a motion to authorize 9.5 the condemnation proceedings against Kearney National, Inc. Upon roll call, the motion passed by a vote of 6-0-1, with Director Osborne being absent for this vote. RESOLUTION NO. 55 -83 APPEARS ON PAGE 3/3 OF ORDINANCE & RESOLUTION BOOK )(VI FAA Funding Received. Mayor Noland stated the appreciation of the City of Fayetteville for the 9.6 $622,750 FAA grant funding, to complete the access road and reconstruct and extend the west side apron, including a stub taxiway and lighting, as well as extension of the eastside parking apron, and lighting. 10 Radar/Drake Field Director Lancaster stated that the construction of the new tower at Drake Field would necessitate advance consideration of the radar needs to accommodate 10.1 a tower of the type contemplated. Director Lancaster suggested the Board contact the area Congressional delegation to impress upon them the need for consideration of these requirements. Director Lancaster, seconded by Director Orton, made a motion to prepare 10.2 a resolution to the Congressional delegation concerning these radar requirements at Drake Field. Upon roll call, the motion passed by a vote of 6-0-1, with Director Osborne being absent for this vote. RESOLUTION NO. 56-83 APPEARS ON PAGE 3/f— OF ORDINANCE & RESOLUTION BOOK XUI Mcllroy Bank Sign Suit/Hatfield Sign Suit Director Lancaster asked the City Attorney his interpretation of the 10.3 difference between the Mcllroy Bank Sign lawsuit and the Hatfield Sign lawsuit. The City Attorney stated that the difference is that the City brought the law- suit against Hatfield and the Prayer of the Complaint asked for injunctive relief, plus the authority for the City to do the removal and have the lien if the injunction was not complied with. In the Mcllroy Bank Sign case, the sign owners brought the lawsuit for Declaratory Judgment that the Ordinance was unconstitutional, and they lost on their Prayer for that relief. Mr. McCord felt that the ultimate Decree will authorize that the signs be removed at the sign owner's expense, although the City Attorney has had some discussion with the Plaintiff's counsel about the effect of the Supreme Court ruling in so far as who must bear the cost of removal. The City Attorney felt the cases should be resolved imminently. Remarks by Director Orton Director Orton stated that she hoped that future Committee Membership 10.4 appointments would include more women. 10.5 Director Orton congratulated Assistant City Manager McWethy for saving the City 517,500 on insulation charges for the City Hall Renovation project. Director Orton asked that the matter of Fire Safety Measures for Rental 10.6 Property be reconsidered by the Ad Hoc Fire Committee, adding that the Committee has not met since April, 1982. Directors Sharp and Bumpass, members of that Committee, instructed City Staff to include a copy of the minutes of that meeting in the agenda for the Board Meeting of May 3, 1983. The full Board would consider the matter at that time. Notice was to be given to the members of the Committee by copy of the agenda. Meeting of Street Committee A meeting of the Street Committee was scheduled for Tuesday, April 25, 10.7 1983, at 3:00 p.m., in the Chamber of Commerce. Director Sharp stated that the Committee would consider amendments to the Master Street Plan and the Master Sidewalk Plan. 10.8 Bill of Assurance Granted City Manager Grimes stated that Mr. Calvin Edens had requested the Board's authorization to enter into a Bill of Assurances to construct a sidewalk at the intersection of Leverett and Sycamore. Mr. Edens is constructing town- houses at this location and has requested delay in the installation of the sidewalk on Leverett until their construction is completed. He felt that installation of the sidewalk at this time would not be adviseable in that the construction could damage the sidewalk. Director Sharp, seconded by Director Johnson, made a motion to authorize the Bill of Assurances to install the sidewalk at this location at the time of completion of the construction, or within one year of the date of the request (April 15, 1984), whichever date comes first. Upon roll call, the motion passed by a vote of 6-0-1, with Director Osborne being absent for this vote. MINUTES There being no additions or deletions to the minutes of the meeting of April 5, 1983, the minutes stand approved, as circulated. CO ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 10:07 p.m. 11 11.2 11.3 11.4